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Media Law > Media Law: 9 Reporting restrictions in criminal cases > Flashcards

Media Law: 9 Reporting restrictions in criminal cases Flashcards

1
Q

main types of criminal proceedings where reporting is restricted
[3]

A
  • hearing taking place before trial
  • cases involving rape / sexual offences
  • pleas in mitigation
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2
Q

what can be reported from preliminary hearings in magistrates?
[9]

A
  • names of court and magistrates
  • names/addresses/occupations of parties and witnesses; ages of defendants and witnesses
  • offences (ask clerk for more details, e.g. when, where, victim)
  • names of barristers/solicitors
  • adjournment date + new court
  • whether case transferred to Crown Court
  • bail
  • legal aid
  • whether any reporting restrictions were lifted
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3
Q

effectively what can’t be reported from preliminary hearings?
[1]

A
  • anything either side alleges
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4
Q

lifting restrictions

[2]

A
  • only if defendant applies for it, and only if in interests of justice
  • if two defendants disagree then courts decide
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5
Q

when do restrictions on preliminary hearings end?

[3]

A
  • magistrates dismiss case
  • all defendants have been tried in Crown Court
  • magistrates decide on summary trial
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6
Q

can restrictions be re-implemented?

[1]

A
  • HELL NO!
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7
Q

who is liable under s8(1) of the Magistrates Courts Act 1980?
[3]

A
  • publisher
  • proprietor
  • editor
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8
Q

what can/can’t you report about bail applications?

[3]

A
  • whether it was granted
  • what the conditions were
  • NOT what the arguments raised were
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9
Q

what can be reported from pre-trial hearings in Crown Court?

[2]

A
  • NOTHING

- unless court has heard from ALL the accused and reckons it’s in the interests of justice to allow reporting

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10
Q

what can be reported about preparatory hearings (used to make life easier for jury)?
[7]

A
  • name of court / judge
  • names/age/address/occupation of accused and witnesses
  • offence(s)
  • names of lawyers
  • if adjourned: date and location
  • bail
  • legal aid
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11
Q

what can be reported from applications to dismiss?

[7]

A
  • name of court / judge
  • names/age/address/occupation of accused and witnesses
  • offence(s)
  • names of lawyers
  • if adjourned: date and location
  • bail
  • legal aid
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12
Q

what can be reported from preparatory hearings of serious fraud cases?
[7]

A
  • name of court / judge
  • names/age/address/occupation of accused and witnesses
  • offence(s)
  • names of lawyers
  • if adjourned: date and location
  • bail
  • legal aid
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13
Q

which types of case can skip the normal committal procedures?
[2]

A
  • serious fraud cases

- sexual offences involving children

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14
Q

conditions for sex offence case involving children skipping committal procedures
[3]

A
  • offence is of nature making it suitable for Crown Court
  • child is either victim or witness giving evidence
  • delay might affect welfare of child
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15
Q

sexual offences reporting principle

[1]

A
  • media can’t name victims for lifetime (encourages to come forward)
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16
Q

legislation outlining sexual offences reporting

[2]

A
  • Sexual Offences Act 2003

- Youth Justice and Criminal Evidence Act 1999

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17
Q

what might lead to ID of sex offence victim?

[6]

A
  • name
  • address
  • school / other educational institution
  • place of work
  • still / moving pictures
  • other obvious info (e.g. “a man raped his niece”)
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18
Q

DEF: piecing together descriptions to arrive at ID

[1]

A
  • ‘jigsaw identification’
19
Q

offences covered by sexual offence restrictions

[12]

A
  • rape
  • attempted rape
  • aiding, abetting, counselling and procuring rape
  • incitement to rape
  • conspiracy to rape
  • burglary with intent to rape
  • indecent assault
  • offences involving indecency or sexual activity with children
  • indecent exposure
  • internet ‘grooming’
  • trafficking for sexual exploitation
  • voyeurism
20
Q

CASES where papers broke sexual offence restrictions

[3]

A
  • naming ‘family member not related’ (i.e. step-daughter)
  • unwittingly named trafficked women in brothel story
  • girl named in reports for running away with 31-year-old bf, on return he was charged with sex offence, Marie Claire reported with name
21
Q

sex offence restriction have widest possible scope

[3]

A
  • even if claim withdrawn
  • CIVIL (as well as criminal): e.g. sex discrimination case may include indecent assault
  • any kind of story (NOT just reporting court cases)
22
Q

when might judge lift sex offence restrictions?

[2]

A
  • victim applies for it (to bring forward witnesses, etc.)
  • when considered ‘unreasonable restraint’ on reporting, seen in public interest (usually when other serious offences involved)
23
Q

publishing conditions if victim lifts restrictions

[3]

A
  • must be over 15
  • must give written consent to any publication
  • decision must be made freely
24
Q

instance in which rape cases can be identified

[1]

A
  • later cases not to do with the rape (e.g. perjury for lying about rape)
25
Q

PCC regs on sexual offences

[5]

A
  • press must NOT identify victims of sexual assault
  • must NOT identify children under 16 victims of sexual assault (even if legally free to do so)
  • adult may be identified
  • word ‘incest’ must not be used if it might identify
  • nothing in the report must suggest relationship
26
Q

Ofcom guidelines

[1]

A
  • describes what is basically jigsaw identification
27
Q

restrictions reporting pleas in mitigation

[2]

A
  • if allegations are derogatory to someone’s character
  • if those allegations are untrue or irrelevant to case
  • court can order restrictions to stay in place for a year after trial
28
Q

statutes protecting vulnerable witnesses

[3]

A
  • Youth Justice and Criminal Evidence Act 1999
  • Coroners and Justice Act 2009
  • Serious Organised Crime and Police Act 2005
29
Q

YJCEA: restrictions identifying witnesses (adults only) based on whether they would improve…
[2]

A
  • quality of evidence

- level of cooperation

30
Q

how do you determine quality of witness?

[4]

A
  • nature/circumstances of alleged offence
  • witness’s age and background
  • behaviour towards witness by defendant
  • witness’s own views on the matter
31
Q

DEF: order banning publication of any material relating to witness
[1]

A
  • s46 order (YJCEA)
32
Q

DEF: order protecting witnesses under 18

[1]

A
  • s39 order (Children and Young Persons Act 1933)
33
Q

DEF: public removed from court while young/vulnerable witness gives evidence
[1]

A
  • ‘special measure direction’ (YJCEA)
34
Q

who’s eligible for ‘special measures direction’

[4]

A
  • anyone under 18
  • anyone whose evidence will be diminished due to disability/disorder
  • alleged victims in sex case
  • anyone whose evidence will be diminished due to fear and stress
35
Q

what’s new in Coroners and Justice Act 2009?

[4]

A
  • s76 allows magistrates court to make ‘investigation anonymity order’
  • applies to murder/manslaughter by shooting or stabbing
  • on request from police
  • designed for cases involving gangs
36
Q

conditions for s76 order

[4]

A
  • suspect aged between 11 and 30
  • member of group identified by involvement in criminal activity (i.e. a gang)
  • person covered by order has realistic fear of harm
  • person covered by order likely to have info useful to investigation
37
Q

limits to prosecutions for breaking s76

[2]

A
  • if you had no idea it existed

- if you had no idea the info would ID the person

38
Q

what else is new in CJA 2009?

A
  • s86: witness anonymity order
39
Q

what does a s86 order involve?

A
  • withholding name / ID-ing details
  • using pseudonym
  • evidence behind screen
  • disguising voice
  • banning questions which might ID them
40
Q

when can s86 orders be used?

A
  • belief there is threat to witness/property
  • consistent with defendant getting fair trial
  • witness won’t testify without one and their evidence is crucial to public interest
41
Q

additional PCC guidelines when reporting crime

A
  • relatives of defendants should not be named unless relevant
  • special regard for kiddies (though this shouldn’t restrict right to report legal proceedings)
42
Q

additional Ofcom guidelines when reporting crime

A
  • no images of people involved in emergencies (even in public place) where there might be issues of privacy
  • UNLESS warranted or they’ve given consent
43
Q

possible restrictions during appeals on new evidence

A
  • Court of Appeal has right to restrict reporting on any material
  • exceptional, must potentially prejudice the case
  • media should be given 14 days notice

Media Law (22 decks)

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