The South Shields Gazette has set a legal precedent in its fight to identify a young defendant.

Because the defendant was 17 at the time of his offence, he was dealt with by South Tyneside Youth Court – but he was 18 by the time of the trial.

The law, under Section 49, gives anonymity to youths in court, but is unclear about whether the defendant can be named in instances like this.

Because Section 49 only refers to “children and young people”, and there is no mention of what to do when a defendant becomes an adult, the Gazette argued they should be allowed to name him.

The paper said: “We have faced determined opposition from the defence lawyer and a mix of conflicting opinions and interpretations of the law by magistrates and their legal advisors.”

After hearing from both the defence solicitor and the Gazette, magistrates ruled: “The way we consider Section 49 of the Children and Young Persons Act is that despite the defendant’s age at the time of an offence, his age at the conclusion deems him to be an adult.

“We therefore say Section 49 does not apply.”

The defendant was jailed for four months for attacking a court usher at Sunderland Magistrates Court.

Back to the law index

Do you have a story about the regional press? Ring 0116 227 3122/3121, or
e-mail [email protected]