Week 11

Question 1

Juries - Juries Act 1974

Answer 1

made up of 12 people between 18 and 75 from the local electoral role
Prosecuted if they:
* Carry out research (including online) on a case on which they are sitting
* Reveal anything about jury room deliberations
* Visit the scene of the crime unless at the direction of the court
* Attempt to contact the defendant (in person or on social media for example)
* Attempt to communicate with witnesses
* Penalty: an unlimited fine and/or up to two years in jail

Question 2

Juries Act 1974 Section 20 (D)

Answer 2

This says jury deliberations in civil or criminal cases are secret
It is an offence of contempt if court if journalists seek or disclose information about:
- Statements made
- Opinions expressed
- Arguments advanced
- Votes cast by members of a jury
- Deliberations - jurors can be sued if they share this

For the juries protection
Punishment is a fine or 2 years in jail

Question 3

S41 of the Criminal Justice Act 1925 - Photography and Filming in court

Answer 3

It is illegal to:
- take any photograph or film or sketch with a view to publish
- take a photograph, film, or sketch anyone entering or leaving court or its precincts
- Publication of these is prohibited
The definition of ‘precinct’ is not clear in law
Fine is up to £1,000

Question 4

Audio recording in court Section 9 of the Contempt of Court Act 1981

Answer 4

It is illegal to:
- use a tape recorder or audio recording device in court without permission from the court
- broadcast any audio recording of the court
- make any unauthorised use of recording after permission has been given

Recordings made in the public gallery could be used to intimidate or humiliate a prosecution witness or assist in collusion

Applies to online proceedings
In 2020 the Courts Act 2003 was amended by the Coronavirus Act 2020
S85a of Courts Act allows civil or criminal courts to sit ‘remotely’ (online) and proceedings can be transmitted to a designated room for journalists/members of the public

Question 5

Live text-based communications

Answer 5

• Reporters can tweet, email, text and post online from court without permission
• Must not make or receive phone calls in court
• Devices must be silent and unobtrusive
• The courts have the right to withdraw permission to use devices at any time
• Only applies to journalists and not members of the public

Question 6

Contempt in civil courts under Contempt of Court Act 1981

Answer 6

• A case is active when a court date is fixed
• It stops being active when the case is 1) disposed of by settlement or judgement 2) abandoned 3) discontinued 4) withdrawn
• A neutral report explaining the case is unlikely to create risk
• Media report is unlikely to prejudice a judge
• Still shouldn’t publish anything which could influence a witness
• If there is an out of court settlement it should not be reported that liability has definitely been accepted as this could be libellous