ABSTRACT
Box 12.1 Crown court proceedings involving juveniles James Patrick Bulger (born 16 March 1990) was abducted, tortured and murdered in February 1993 by two 10-year-old boys, Jon Venables and Robert Thompson. They were arrested and charged with murder on 20 February, appeared at South Sefton Youth Court on 22 February and subsequently remanded in a secure setting to await trial. The trial at Preston Crown Court was conducted in the same manner as an adult trial with the accused in the dock away from their parents, and Judge and court officials in legal regalia. Each boy sat in view of the court on raised chairs during the proceedings. Venables and Thompson were found guilty on 24 November 1993 and sentenced to Detention at Her Majesty’s pleasure. At the close of the trial, the judge ruled that their details should be released to the public. In T and V v UK (2000) 30 EHRR 121 the European Court of Human Rights held that the trial process had led to a breach of the defendants’ right to a fair trial (Article 6.1) because, given their immaturity and the tense public scrutiny of the court, they would have been unable freely to consult with their lawyers. In response to this judgment a practice direction was issued by the Lord Chief Justice: • A young defendant should usually be tried separately from their adult co-defendant, unless the court
decides that this would not be prejudicial to their welfare. • The young defendant may visit the courtroom out of hours to familiarize themselves with it. • The police should protect a high-profile young defendant from ‘intimidation, vilification or abuse’. • If possible all participants in the trial should be at the same level. • The young defendant should be free to sit with their family so as to allow informal communication with
their lawyers. • The trial should be conducted in language that the young defendant can understand. • Frequent and regular breaks should be taken to allow for reduced ability to concentrate. • Gowns and wigs should not be worn and police/custody staff should not be in uniform. • The court may seek to restrict access by the public and press to the courtroom.
