Week 5

Question 1

Section 1 of the Magistrates Section 121 of the Magistrates Courts Act 1980

Answer 1

Says they must sit in open court unless there is a ‘statutory exception’
They must sit in open court when jailing someone

Question 2

Section 47 of the Children and Young Persons Act 1933

Answer 2

Bone fide members of press are allowed in youth courts

Question 3

Rule 5.8 of the Criminal Procedure Rule

Answer 3

Sets out what info you can get from the court about ongoing criminal cases or any cases not more than six months old. They can get this in court or by ringing up

Question 4

Rule 5.8 of the Criminal Procedure Rule - what you can ask for 13

Answer 4

• Date of hearing
• Offence(s)
• plea
• decision
• bail conditions
• adjournment of the case to another court
• whether the case is under appeal
• identities of prosecutor
• defendant
• lawyers and their addresses
• identities of any judge or magistrate
• reporting restriction in place
• defendant’s ID should include their DOB and address

Requests can be made orally or over the phone

Question 5

Rule 5.8 CPR - when you should make a request in writing 3

Answer 5

• the case is older than six months
• you want to see copies of case material
• or if you want information in addition to the above
• you must also explain why

Question 6

Criminal Practice Direction 1, General Matters, 5B

Answer 6

Journalists should be able to access case information outline under 5.8

This includes;
- opening notes
- written submissions
- skeleton arguments

These should be provided for contemporaneous reporting

Other materials such as
-DVDs
-Photos
-Video
CCTV footage
can be provided at the courts discretion

media should explain its intended use

Journalists should cite the Cape Intermediate Holdings and Guardian News and Media judgements

Question 7

Single Justice Procedure

Answer 7

Cases dealt with SJP are heard in private without the defendant in the magistrates’ court

The district judge or magistrates conduct the case ‘on the papers’ (doesn’t sit in public)

Question 8

Requirements for Single Justice Procedure 4 and 4

Answer 8

This includes
-This is for summary offences only
- Defendant must be over 18
- Have pleaded guilty by letter or email
- Or hasn’t responded to notice of prosecution
- Does not need to attend
- They must not have objected to the case being dealt with by SJP

Types of cases include:
- speeding
- failing to pay for railway ticket
- TV licence breaches
- Truancy

Question 9

Civil Procedure Rules - Rule 5.4C

Answer 9

Normally allows journalists reporting a civil case to inspect and obtain a copy of the ‘statement of case’

This means the claim form, particulars of the claim, defence, and also any counter-claim or replies to the defence.

Question 10

Civil Procedure Rules - Rule 32.13

Answer 10

Allows journalists to inspect during the course of a civil trial witness statements which are evidence-in-chief.

Question 11

Challenging the Courts

Answer 11

• Pass note to usher/clerk telling the judge or magistrates you want to object
• Get a copy of the written order
• Put your reasons in a letter and back them up with case law and Judicial College Guidelines/Article 10 etc.
• Until your challenge is heard the restriction stays in place even if invalid
• If your challenge is rejected you have the right to appeal
• Magistrates’ Court appeals go to QBD of the High Court
• Crown Court Appeals go to the Court of Appeal – under Section 159 of the Criminal Justice Act 1998

Question 12

The Youth Justice and Criminal Evidence Act 1999

Answer 12

This gives the court power to make a ‘special measures’ direction to help vulnerable or intimidated witnesses.
This could include a screen to give evidence behind, a video link, or judges and barristers removing their wigs and gowns.

Question 13

Inquests and Coroners

Answer 13

Inquests are inquiries into deaths in sudden or unexplained circumstances.
They take place in coroner’s court.
The aim is to find out the identity of the person who died and where, when and how they died.
So death certificate can be completed
Not to attribute blame
Coroners also decide whether historical objects found in or on the ground should be legally classed as ‘treasure’

Question 14

Coroners inquests cont.

Answer 14

They must investigate if:
- the case is unknown
- the death is ‘violent or unnatural’
- the person died while in custody or in state detention

Aim=to ensure suspicious deaths are investigated and prevent other deaths in similar circumstances.
The coroner records a determination formerly a verdict.
Doctors or Police usually call for an inquest but a family can ask for one too.

Question 15

When a jury is needed in Coroner’s court

Answer 15

• If a coroner deems it necessary
• The deceased was in custody
• The death was from an act or omission of a police officer or member of a police force of the armed services in the execution of their duty
• The death was caused by accident, poisoning or disease
• An inquest into any other type of death if the senior coroner thinks there is ‘sufficient reason’

Question 16

Treasure inquests

Answer 16

To determine if gold or silver objects are treasure– will be deemed treasure if gold or silver or over 300 years old
They can be acquired by British or Welsh museum
Finder could get reward
Landowner could get to decide what to do with item if museum doesn’t want the item

Question 17

Getting info from inquests and process of appeal

Answer 17

It should be made available to you under the Chief Coroner’s guidance

You are entitled to see the completed ‘Record of Inquest’, which is the official document recording the particulars of the death and deceased person which have to be official registered, and the determination/verdict

No direct route of appeal available over inquest decision but people can apply for a judicial review of determination

Inquest verdict can be quashed

Question 18

Clause 5 Reporting suicide

Answer 18

When reporting suicide, to prevent simulative acts care should be taken to avoid excessive detail of the method used, while taking into account the media’s right to report legal proceedings.

Aim is to prevent others copying methods of suicide or location

• Excessive’ means that the level of detail would encourage or enable others to try this method to kill themselves.
• Okay to say someone has hung themselves but now how
• Okay to say someone has taken overdose of painkillers but not which tablets or how many
• It may be unethical to report that a particular location is a place often used for suicide
• If there is a general public interest in reporting the issue then the place can be named – eg if local community is campaigning for more patrols or signs are needed

Question 19

Section 2 Reporting Suicide

Answer 19

Methods of suicide and self-harm must not be included in programmes except where they are editorially justified and are also justified by the context.

Aim is to prevent other copying methods of suicide or location

• Excessive’ means that the level of detail would encourage or enable others to try this method to kill themselves.
• Okay to say someone has hung themselves but now how
• Okay to say someone has taken overdose of painkillers but not which tablets or how many
• It may be unethical to report that a particular location is a place often used for suicide
• If there is a general public interest in reporting the issue then the place can be named – eg if local community is campaigning for more patrols or signs are needed

Question 20

Samaritans Guidelines

Answer 20

The charity says a report of or published reference to suicide should not
- portray any method as quick, easy, painless or certain to result in death
- over-simplify what might have been the cause(s) of the suicide – often complex reasons and mental health issues
- specify that a suicide achieved a result, e.g. exposed a bully
- Don’t use tributes, which suggest the community or other people are honouring or romanticising the suicidal behaviour, for example the dead person is now an ‘angel’
- Don’t publish the height of the bridge or cliff
- Don’t include content from suicide notes or similar messages left by the person who has died
- What is published should ideally make the point that suicides are preventable, referring to a source of support such as the Samaritans
- A report of or published reference to a suicide should not use large, prominently placed or repeated pictures of the person who has died