Criminal Behaviour Orders for Youths: An Exception to Reporting Restrictions

As mentioned in my earlier article about reporting restrictions on youths appearing in court, the identity of any child or young person involved in proceedings in the Youth Court is automatically protected by legislation.

Under normal circumstances section 49(1) of the Children and Young Persons Act 1933 prohibits the publication of any information that is likely to lead to the identification of any youth defendant, complainant or witness involved in proceedings. Such a restriction applies until the eighteenth birthday of the youth concerned.

Proceedings in relation to criminal behaviour orders are an important exception to this rule. 

I have previously discussed criminal behaviour orders. These orders are made in accordance with part 11, chapter 1 of the Sentencing Act 2020.

Section 332(8) of the 2020 Act states that section 49 of the 1933 Act does not apply. However, section 39 of the 1933 Act, which grants the court powers to prohibit the publication of certain matters, does still apply.

In simple terms this means that there are no automatic restrictions in relation to a youth offender, appearing before the Youth Court, in proceedings related to the making of a criminal behaviour order. The court can, however, still impose restrictions if it considers them necessary.

It is not common for the Youth Court to make a criminal behaviour order. In my time as a Youth Magistrate I have seen only one such application. On that occasion, we decided to impose restrictions protecting the identity of the youth concerned.

On Thursday, 22nd August 2024, a youth offender, Peter Thompson-Hine, 17, of Workington, was made subject to a criminal behaviour order by West Cumbria Magistrates' Court, sitting as a Youth Court.

The order, which lasts for two years, prohibits Thompson-Hine from touching or entering a motor vehicle/mechanically propelled vehicle that belongs to another, unless he is a passenger or has the express permission of the owner or person lawfully in charge of the vehicle.

Cumbria Constabulary would like to hear from anyone who suspects Thompson-Hine of breaching his order.