Section 52a Crime And Disorder Act 1998 Flashcards
1
Q
Explain section 52A of the crime and disorder act 1998
A
- automatic reporting restrictions for prelim hearings mags court serious cases
- prevents the publication of any ref to evidence in the case, defendants previous convictions, any other material which has the potential to create prejudice.
- seven things that can be reported… They are …
- can also say which way they leaded and if it is am either- way offence if they chose trial by a crown court jury. Can also report the scene etc, clothes blah blah blah
- can publish background material not from that court incident BUT have to be careful that it doesn’t breach the contempt of court act 1981
- section 52B states that newspaper can be prosecuted if it breaches the act e.g. 2012 The Sun was fined £3,350 after it admitted breaching it Oldham mags court sent Andrew Partington to manc crown court for trial charged with manslaughter and criminal damage. the Suns report contained quoted evidence from text.
- restrictions cease to apply if: 1) they’re lifted by mags court/request of a defendant. But Journos still shouldn’t publish anything likely to prejudice a trial. Defendant may want full report in paper to allow more witnesses to come forward etc who could help their case. 2) cease to apply if it becomes clear that the defendant will be dealt with summarily e.g. If defendant pleads guilty 3) expire when the proceeding against all defendants involved in a case have been concluded.
