Legal advice please - Advice

Tom_Tit · 09-11-2009, 09:15

Hi.

My son was last week sentenced for a few charges. He was senteneced to a number of years.

Now his photo and address is in the paper and a big spread on him.

He is only 15 - is this allowed?

Yes i know he has done wrong and deserved to be punished but i don't think pasting his picture and my address in the press was the way to go?

Thankyou

mildredhubble · 09-11-2009, 09:18

If this is a legal question why don't you speak to his solicitor.

jojo01 · 09-11-2009, 09:23

I'm not sure about the legalities but I'm sure the newspaper does tbh. But like mildred said, his solicitor would be the best person to ask.

Tom_Tit · 09-11-2009, 09:23

Yeah the solicitor is onto it as we speak.

Just wondering if anybody had any experience with something like this.......

MadameLaMinx · 09-11-2009, 09:57

I have no idea legally where you stand and cannot find anything remotely useful on google to assist you with finding that out - but the kids who murdered Jamie Bulger had their identities revealed and they were only 10.

So it does happen. I think identity is protected up until conviction but as others have said, best person to find out is your solicitor.

stillrockin · 09-11-2009, 10:28

I imagine the newspaper would have checked their legal position before publishing details because there are restrictions on the information that can be published by the media under the provisions of the Youth & Criminal Evidence Act.

Those restrictions can, however, be lifted by the Court in relation to individual cases if the Court sees fit.

http://www.goodmanderrick.co.uk/news...th_justice.pdf

Inspiration · 09-11-2009, 10:33

Which paper?

David ® · 09-11-2009, 10:54

There are a number of possible reasons why this could have happened. An application may have been made to the court to unrestrict the information or if convicted in an adult court under criminal proceedings there was no restriction imposed.

paulyoung666 · 09-11-2009, 11:32

to be honest , i would have thought as people have said above , the paper would have not done it if they shouldnt have , around here you stand chance of being plastered all over a bus if you do wrong ........

Tom_Tit · 09-11-2009, 13:05

Thanks for the replies.
The solicitor is checking to see if a restriction was lifted or not. I should know sometime in the next week or so.

Bossyboots · 09-11-2009, 18:57

It may not be a consolation, but having the facts printed does at least remove the scope for local gossip/conjecture. People will talk about your son and it only takes one person to start a malicious, inaccurate rumour for it to snowball.

As I say, that may not be any consolation in your current position but it may be something worth thinking about.

ValLambert · 09-11-2009, 19:01

I dont know the position but given that he is only 15 I think it is wrong his address is in the paper. If he did the crime and was then convicted then I'm sure we could argue all day whether it is morally right or wrong never mind legally. But I think it unfair that his family's home address has been published. They aren't guilty of anything.

Migster · 09-11-2009, 19:22

Quote:

Originally Posted by Tom_Tit

Hi.

My son was last week sentenced for a few charges. He was senteneced to a number of years.

Now his photo and address is in the paper and a big spread on him.

He is only 15 - is this allowed?

Yes i know he has done wrong and deserved to be punished but i don't think pasting his picture and my address in the press was the way to go?

Thankyou

In another thread you state that you are 29. That's quite young to have a 15 year old son, unless of course you've just made the whole thing up.

Tom_Tit · 09-11-2009, 19:30

Quote:

Originally Posted by Migster

In another thread you state that you are 29. That's quite young to have a 15 year old son, unless of course you've just made the whole thing up.

Cheeky sod. Why on earth would i make something like this up.

I am 29 yes. 30 in December.

I have 4 kids - 2 my own, 2 older step sons from my other halfs previous relationship. My partner is 5 years older than me. Is that OK sherlock?

Do you want any more information?

chattamanuk · 09-11-2009, 19:48

I am sure they can mention the street name, but doubt if they can mention the number of the house, so they wouldn't have actually given the address - but as other posters have said, best to talk to the solicitor, although, of course, it's a little late to stop anything now

paulyoung666 · 09-11-2009, 19:57

i would find it extremely unlikely that they have posted you full address down to your house number , more likely your street , if he hadnt done wrong then this would never have been an issue ............

David ® · 09-11-2009, 20:09

Quote:

Originally Posted by paulyoung666

i would find it extremely unlikely that they have posted you full address down to your house number , more likely your street ,

Around where I live they do post the full address of people including house number.

I don't think thats the issue of the post though, its simply about reporting restrictions or the lack thereof of a minor.

It does seem likely that he was tried and convicted of a criminal offence in an adult court which means no automatic restrictions apply unlike a youth court.

paulyoung666 · 09-11-2009, 20:26

Quote:

Originally Posted by David ®

Around where I live they do post the full address of people including house number.

fair play , and i stand corrected

, maybe they should do the same everywhere

stickler · 09-11-2009, 20:38

Was he dealt with in youth court or was he tried as an adult? Either way, a quick check at the relevant court would tell you if reporting restrictions were lifted. It's a matter of public record, so ring up the court and ask for the listings officer and ask the questions.

Alternatively ring the newspaper and ask (calmly!) for an explanation.

Has this got anything to do with an Asbo or breach of an Asbo?

I have a feeling you're talking Asbo territory here, sorry if I'm wrong.

stickler · 09-11-2009, 20:40

You may find this helpful as well, if there is anything you don't understand, I'll try to help

paulyoung666 · 09-11-2009, 20:46

Quote:

Originally Posted by stickler

Has this got anything to do with an Asbo or breach of an Asbo?

thinking on , that was why people were plastered all over the buses round here , asbo's , or badges of honour as they were called

Tom_Tit · 09-11-2009, 21:47

Nothing to do with Asbos. Trial was at crown court.

Thanks. Solicitor is on the case but always worth finding out some info in the meantime.

stickler · 09-11-2009, 22:09

If it was in crown court, these are serious offences and he would have been tried as an adult.

Therefore, if his name has been published in the newspaper, a Section 39 order was not made by the judge. There is no order there to be lifted, an order would have to be made specifically by the judge to grant your stepson anonymity.

I know mistakes are sometimes made, but I am certain the newspaper knows the legality involved and have correctly identified him.

susie-4964 · 09-11-2009, 23:08

Quote:

Originally Posted by stickler

If it was in crown court, these are serious offences and he would have been tried as an adult.

Therefore, if his name has been published in the newspaper, a Section 39 order was not made by the judge. There is no order there to be lifted, an order would have to be made specifically by the judge to grant your stepson anonymity.

I know mistakes are sometimes made, but I am certain the newspaper knows the legality involved and have correctly identified him.

Surely the solicitor should actually KNOW this? It's pretty much material to their client's case, I would have thought.

09-11-2009, 09:15	#1
Tom_Tit Forum Member Join Date: Sep 2009 Posts: 150	Legal advice please Hi. My son was last week sentenced for a few charges. He was senteneced to a number of years. Now his photo and address is in the paper and a big spread on him. He is only 15 - is this allowed? Yes i know he has done wrong and deserved to be punished but i don't think pasting his picture and my address in the press was the way to go? Thankyou

09-11-2009, 09:18	#2
mildredhubble Forum Member Join Date: Apr 2008 Services: Can't be a Virgin anymore :( Posts: 2,132	If this is a legal question why don't you speak to his solicitor.

09-11-2009, 09:23	#3
jojo01 Forum Member Join Date: Jun 2005 Services: VM BB, TV & Phone Posts: 4,098	I'm not sure about the legalities but I'm sure the newspaper does tbh. But like mildred said, his solicitor would be the best person to ask.

09-11-2009, 09:57	#5
MadameLaMinx Forum Member Join Date: Apr 2008 Location: Merseyside Services: Sky, Talktalk Broadband Posts: 465	I have no idea legally where you stand and cannot find anything remotely useful on google to assist you with finding that out - but the kids who murdered Jamie Bulger had their identities revealed and they were only 10. So it does happen. I think identity is protected up until conviction but as others have said, best person to find out is your solicitor.

09-11-2009, 10:28	#6
stillrockin Forum Member Join Date: Nov 2004 Location: Kent Posts: 4,200	I imagine the newspaper would have checked their legal position before publishing details because there are restrictions on the information that can be published by the media under the provisions of the Youth & Criminal Evidence Act. Those restrictions can, however, be lifted by the Court in relation to individual cases if the Court sees fit. http://www.goodmanderrick.co.uk/news...th_justice.pdf

09-11-2009, 10:33	#7
Inspiration Forum Member Join Date: Jul 2003 Posts: 18,722	Which paper?

09-11-2009, 10:54	#8
David ® Forum Member Join Date: Oct 2009 Posts: 94	There are a number of possible reasons why this could have happened. An application may have been made to the court to unrestrict the information or if convicted in an adult court under criminal proceedings there was no restriction imposed.

09-11-2009, 11:32	#9
paulyoung666 Forum Member Join Date: Jul 2005 Services: virgin 10 mb bb , sky HD Posts: 4,809	to be honest , i would have thought as people have said above , the paper would have not done it if they shouldnt have , around here you stand chance of being plastered all over a bus if you do wrong ........

09-11-2009, 13:05	#10
Tom_Tit Forum Member Join Date: Sep 2009 Posts: 150	Thanks for the replies. The solicitor is checking to see if a restriction was lifted or not. I should know sometime in the next week or so.

09-11-2009, 18:57	#11
Bossyboots Forum Member Join Date: May 2003 Posts: 3,077	It may not be a consolation, but having the facts printed does at least remove the scope for local gossip/conjecture. People will talk about your son and it only takes one person to start a malicious, inaccurate rumour for it to snowball. As I say, that may not be any consolation in your current position but it may be something worth thinking about.

09-11-2009, 19:01	#12
ValLambert Forum Member Join Date: Feb 2007 Posts: 8,433	I dont know the position but given that he is only 15 I think it is wrong his address is in the paper. If he did the crime and was then convicted then I'm sure we could argue all day whether it is morally right or wrong never mind legally. But I think it unfair that his family's home address has been published. They aren't guilty of anything.

09-11-2009, 19:48	#15
chattamanuk Forum Member Join Date: Dec 2005 Location: West Services: Sky+ Posts: 464	I am sure they can mention the street name, but doubt if they can mention the number of the house, so they wouldn't have actually given the address - but as other posters have said, best to talk to the solicitor, although, of course, it's a little late to stop anything now

09-11-2009, 19:57	#16
paulyoung666 Forum Member Join Date: Jul 2005 Services: virgin 10 mb bb , sky HD Posts: 4,809	i would find it extremely unlikely that they have posted you full address down to your house number , more likely your street , if he hadnt done wrong then this would never have been an issue ............

09-11-2009, 20:38	#19
stickler Forum Member Join Date: Jan 2009 Posts: 316	Was he dealt with in youth court or was he tried as an adult? Either way, a quick check at the relevant court would tell you if reporting restrictions were lifted. It's a matter of public record, so ring up the court and ask for the listings officer and ask the questions. Alternatively ring the newspaper and ask (calmly!) for an explanation. Has this got anything to do with an Asbo or breach of an Asbo? I have a feeling you're talking Asbo territory here, sorry if I'm wrong.

09-11-2009, 20:40	#20
stickler Forum Member Join Date: Jan 2009 Posts: 316	You may find this helpful as well, if there is anything you don't understand, I'll try to help

09-11-2009, 21:47	#22
Tom_Tit Forum Member Join Date: Sep 2009 Posts: 150	Nothing to do with Asbos. Trial was at crown court. Thanks. Solicitor is on the case but always worth finding out some info in the meantime.

09-11-2009, 22:09	#23
stickler Forum Member Join Date: Jan 2009 Posts: 316	If it was in crown court, these are serious offences and he would have been tried as an adult. Therefore, if his name has been published in the newspaper, a Section 39 order was not made by the judge. There is no order there to be lifted, an order would have to be made specifically by the judge to grant your stepson anonymity. I know mistakes are sometimes made, but I am certain the newspaper knows the legality involved and have correctly identified him.