basic knowledge Flashcards

Question

what are some examples of contempt of court, anything with a substantial risk of serious prejudice

Answer 1

- Anything which might influence a potential juror. Examples… - Reporting previous convictions of accused - Reporting anything which is to be heard in evidence - Reporting anything implying the guilt of the accused - Reports that suggest someone is of a bad character - A trial would decide whether what you broadcast met this definition

Answer 2

- ‘[actions] tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so” (strict liability rule)

Answer 3

Proceedings become active, - When a warrant for arrest is issued, when a summons is issued, when a person is charged orally with a crime and when a document specifying the charge is served on the accused

Answer 4

Criminal proceedings are concluded upon, person released without charge, acquittal, sentenced, potential appeal. (release under investigation means the case is still active)

Answer 5

Committal proceedings (‘sending to trial’) in Magistrates’ Courts… to ensure any subsequent jury trial is fair, Victims of sexual offences may not be named, Youth Court proceedings (Under 18s may not be named) It is contempt to break these reporting restrictions

Answer 6

- Name of the court and names of the Magistrates - Names, addresses and occupations of the accused - ‘Relevant business information’ (In serious fraud cases) - Names of counsel and solicitors in the proceedings - Offences with which the accused is charged, or summary of them - Bail arrangements, including conditions of bail, but not any reasons for opposing or refusing it - Whether legal aid was granted - If proceedings are adjourned, the date and place to which they are adjourned

Answer 7

- Sexual offences (Amendment) Act 1992 - Automatic reporting restrictions - Victims of sexual offences are given lifetime anonymity - Ban on reporting any matter likely to identify the victim of a sexual offence - E.g., Rape, indecent assault, indecency towards children - Defendant may be named - A complainant (over 15) may waive anonymity by given written consent to being identified

Answer 8

- Age of ‘Criminal responsibility’ is ten years old - ‘Juveniles’ are under the age of 18 - Youth Court: automatic reporting restrictions - Other criminals: Discretionary reporting restrictions - Reporter has responsibility to check what restrictions apply - Always get the boss to ‘legal’ your work

Answer 9

- Discretionary order may be made to protect identity of juveniles ‘concerned in proceedings’ i.e. victims, witnesses, defendant - In practice it is automatic - S.45 Youth Justice and Criminal Evidence Act 1999 (S45 YJCEA) - Judge makes a ‘section 45’ order before trial/hearing - This order will be made known to the media on notice boards, on the press bench, by the judge, by the clerk - Media can apply for order to be lifted

Answer 10

- Automatic restriction - Section 49, Children and Young Persons Act 1933 (S49 CYPA) - A youth court deals with cases like theft and burglary, anti-social behaviour, drugs offences - You may not publish… The name, address or school or any other matter that is likely to identify a person under 18 - … victim, witness or defendant - Automatic reporting restrictions only lifted in certain circumstances

Answer 11

- S49 CYPA: Youth court, automatic anonymity expires at the age of 18 - S45 YJCEA: adult courts, (e.g., Mags/Crowns) anonymity conferred by s45 order expires at the age of 18 but beware, an adult court may grant a s45A order to grant lifetime anonymity to juveniles who are victims or witnesses.

Answer 12

- This happens when “the identity of a person protected by a reporting restriction order [is] inadvertently disclosed as a result of different media reports, none of which breach the terms of any order… which taken together enable the protected person to be identified.” - it is common practice to name the accused, but never any details of relationship to victim (check with other journalists)

Answer 13

- Order under s4(2) means reporting has been postponed - Not cancelled! - Often made where there is a series of interlinked trials - Must wait until final trial concludes before proceedings may be reported

Answer 14

it is contempt of court to obtain, disclose or solicit any details of statements made, opinions expressed, arguments advanced, or votes cast by members of a jury in their course of their deliberations in any legal proceedings

Answer 15

- A form of defamation - A false statement which defames an individual…damages their reputation - …Or small and identifiable group of people - Libel is a defamation in permanent form e.g., published (broadcast) - Complainant must be alive... estate of dead person cannot sue - Not to be confused with slander… - …which is defamation in transient form e.g., spoken form (whispered)

Answer 16

- Defamation is a ‘common law’ concept in civil law - Libel is a form of defamation - Statute law e.g., defamation acts of 2013 and 1996

Answer 17

- Complainant(s) allege defamatory material refers to him/her/them - Judge rules whether material has a “defamatory meaning” - Whether material was published to a third party - Whether material has caused serious harm to reputation - Preliminary proceedings can take a long time… - Burden then on respondent, who must prove what they said was true… - Or have another defence to libel - …and it’s an expensive business! ^ litigant, if you don’t have enough money Working pro bono – working for free

Answer 18

- Truth - Privilege (Absolute and Qualified) - Honest opinion - Publication in the Public interest - Innocent dissemination (or “live broadcast”) - …plus others

Answer 19

- “It is a defence…for the defendant to show that the imputation conveyed by the statement complained of is substantially true” - “If one or more of the imputations is not shown to be substantially true, the defence under this section does not fail if, having regard to the imputations which are shown to be substantially true, the imputations which are not shown to be substantially true do not seriously harm the claimant’s reputation.” - Nowadays this law is saying how only the imputations which might harm the clients’ reputation must be proven to be substantially (on the balance of probabilities) true. Up to judge to decide which imputations might cause serious harm and which might not.

Answer 20

- Protects fair and accurate reporting of words spoken on a privileged occasion - ‘Absolute privilege’ - Reports of proceedings in Courts of law and tribunals + Hansard (Record of proceedings in Parliament) - ‘Qualified privilege’ (s1 Defamation Act 1996, amended by 2013 Act). Examples of privileged occasions… Absolute privilege - S14 Defamation Act 1996 - (1) A fair and accurate report of proceedings in public before a court to which this section applies, if published contemporaneously with the proceedings, is absolutely privileged. - (2) A report of proceedings which by an order of the court, or as a consequence of any statutory provision, is required to be postponed shall be treated as published contemporaneously if it is published as soon as practicable after publication is permitted. Reporting, without being faced with Libel. Qualified privilege - S15 Defamation Act 1996 - ‘The publication of any report or other statement mentioned in Schedule 1 to this Act is privileged unless the publication is shown to be made with malice

Answer 21

- A fair and accurate report of proceedings in public before a court anywhere in the world. - A fair and accurate report of proceedings in public anywhere in the world of an international organisation or an international conference. - A notice or advertisement published by or on the authority of a court, or of a judge of officer of a court, anywhere in the world.

Answer 22

If you don’t give someone a right to reply, where required by law, you will have no defence in a libel case

Answer 23

- It is a defence to an action for defamation for the defendant to show that… - 1: The statement complained of was a statement of opinion. (People often make statements of opinion sound like facts, popular on social media, will not have defence) - 2: The statement complained of indicated, whether in general or specific terms, the basis of the opinion. (can’t just come out of nowhere)

Answer 24

- The statement complained of was, or formed part of, a statement on a matter of public interest, and - They [the publisher] reasonably believed that publishing the statement complained of was in the public interest. - ‘If…accurate and impartial account of a dispute to which the claimant was a party, the court must…. disregard any omission of the defendant to take steps to verify the truth of the imputation’ (if you are reporting on 2 individuals in a balanced way, you don’t have to prove anything, you just report) - But editors still have to establish reporting is balanced and neutral (Can’t destroy someone’s reputation) - First case law under this Economou v de Freitas (2016)

Answer 25

- 1996 Act - Covers comments made in live broadcast - E.g., Phone ins, internet chat rooms - Broadcaster must prove they had no reason to suspect a contributor might make a defamatory comment and... - That they took all reasonable care to avoid a defamatory comment being made - Broadcaster must establish what contributors wish to say before broadcast - Should avoid contributors with a history of making defamatory comments - They should also brief contributors about what they may, or may not, say on occasions where there is a heightened risk of defamatory statements being made

Answer 26

- ‘Privileged publication’ (s6 2013 Act) - Statement is of a scientific or academic nature - Made without malice - published in an academic journal - Peer reviewed by journal editor and one or more persons with ‘expertise’ in subject area - Defence also covers publication of extract of the privileged publication or fair and accurate summary of same

Answer 27

- ‘Accord and satisfaction’ (apology already made and that apology was accepted by the complainant) - ‘Leave and Licence’ (complainant previously agreed for material to be published)

Answer 28

- Allows for limited portion of work to be used without permission, in the public interest or in other circumstances - … but must not be used for unfair commercial advantage - S30 1998 Act - E.g., for the purpose of reporting current events’ - S30 (2) ‘Fair dealing with a work (other than a photograph) for the purpose of reporting current events that does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgment.’ - photography is not covered by fair dealing and you must ask for permission from owner to use. BUT ‘creative commons’ licence images can be used if ‘not for profit’ e.g., in educational projects

Answer 29

communications regulator in the UK, considers complaints and license radio, tv etc.

Answer 30

IPSO, Impress

Answer 31

- Accuracy - Balance and impartiality - Fairness - Protecting the under 18’s - “Harm and offence” - Crime reporting - Protection of Privacy

Answer 32

- Complaints - OFCOM decide which to investigate fully - BBC – Complaints must go through full BBC internal complaints procedure before being referred to OFCOM - Hearing panel - Sanctions committee

Answer 33

- 5.1 News, in whatever form, must be reported with due accuracy and presented with due impartiality. - 5.2 significant mistakes in news should normally be acknowledged and corrected on air

Answer 34

Due impartiality on matters of political or industrial controversy and matters relating to current public policy must be preserved on the part of any person providing a service (listed above). This may be achieved within a programme or over a series of programmes taken as a whole.’ - ‘This means more than one programme in the same service, editorially linked, dealing with the same or related issues within an appropriate period and aimed at a like audience. - ‘A series can include, for example, a strand, or two programmes (such as a drama and a debate about the drama) or a ‘cluster’ or ‘season’ of programmes on the same subject.’

Answer 35

.3 [we should tell contributor] the nature and purpose of the programme - Why they were asked to contribute - When (if known) and where it is likely to be first broadcast - If live, pre-recorded, edited, unedited etc - The areas of questioning and, wherever possible, the nature of other likely contributions - 7.4 if a contributor is under sixteen, consent should normally be obtained from a parent or guardian, or other person of eighteen or over in loco parentis. (loco parentis means in place of parents)

Answer 36

Warranted - Revealing or detecting crime - Protecting public health and safety - Exposing misleading claims made by individuals or organisations - Disclosing incompetence that affects the public

Answer 37

OFCOM Code section 1 Protecting the under 18s - ‘1.1 material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast. - 1.3 Children must also be protected by appropriate scheduling from material that is unsuitable for them’

Answer 38

1) Drugs - 1.10 The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the misuse of alcohol: must not be featured in programmes made primarily for children unless there is a strong editorial justification;…and in any case must not be condoned, encouraged or glamorised 2) Violence - 1.12 Violence, whether verbal or physical, that is easily imitable by children in a manner that is harmful [and] dangerous behaviour (1.13) must not be featured in programmes made primarily for children unless there is a strong editorial justification 3) Violence dangerous behaviour and suicide - 2.4 Programmes must not include material (whether in individual programmes or in programmes taken together) which, taking into account the context, condones or glamorises violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour. - 2.5 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. 4) Portrayals of crime/criminal proceedings - 3.4 Descriptions or demonstrations of criminal techniques which contain essential details which could enable to commission of crime must not be broadcast unless editorially justified. - 3.5 No payment…may be made to convicted or confessed criminals…relating to his/her crime/s. The only exception is where it is in the public interest. - 3.6 While criminal proceedings are active, no payment or promise of payment may be made…to any witness or any person who may reasonably be expected to be called a witness. - 3.7 Where criminal proceedings are likely…payments should not be payments should not be made to people who might reasonable be expected to be witnesses…unless there is a clear public interest 5) Exorcism, the occult and the paranormal - 2.6 Demonstration of exorcism, the occult, the paranormal, divination, or practices related to any of these is for entertainment purposed, this must be made clear to viewers and listeners. 6) Hypnotic and other techniques - 2.9 When broadcasting material featuring demonstrations of hypnotic techniques, broadcasters must exercise a proper degree of responsibility in order to prevent hypnosis and/or adverse reactions in viewers and listeners. - The Hypnotist must not broadcast his/her full verbal routine or be shown performing straight to camera.

Answer 39

- Section OFCOM, states that 1.14 The most offensive language must not be broadcast...when children are particularly likely to be listening” - Watershed, from 2100 to 0520, children are not expected to be watching. section 1.16 states that Offensive language must not be broadcast before the watershed (in the case of television), or when children are particularly likely to be listening (in the case of radio), unless it is justified by the context. In any event, frequent use of such language must be avoided before the watershed.

Answer 40

Justified by the context” - Context includes but is not limited to: - The editorial content of the programme, programmes or series; - The service on which the material is broadcast; - The time of the broadcast; - What other programmes are scheduled before and after the programme or programmes concerned; - The degree of harm or offence likely to be caused by the inclusion of a particular description; - The likely size and composition of the potential audience and likely expectation of the audience; - The extent to which the nature of the content can be brought to the attention of the potential audience for example by giving information; and - The effect of the material on viewers or listeners who may come across it unawares.

Answer 41

The unlawful killing of a human being with the intention of killing or causing grievous bodily harm. An adult convicted of murder must be sentenced to life imprisonment. Indictable-only.

Answer 42

Killing by an unlawful act likely to cause bodily harm but without the intention to kill or cause grievous bodily harm. Manslaughter can be a charge in its own right. A jury in a murder trial might in some circumstances find the defendant not guilty of murder but convict him/her of manslaughter as an alternative. Indictable-only.

Answer 43

An organisation such as a company, a police force or a Government department can be convicted of this offence if the way in which its activities chs. 20 and 21 explain defamation 2022796 - Oxford University Press © were managed or organised caused someone’s death and amounted to a gross breach of a duty of care the organisation owed to the deceased. Indictable-only.

Answer 44

The killing of an infant under 12 months old by its mother, when her mind is disturbed as a result of the birth. Indictable-only.

Answer 45

The way these offences evolved in case law led their definitions to overlap. These charges are likely to be used in cases in which no, or only transient or trifling, bodily injury is allegedly caused. ‘Assault’ and ‘common assault’ can mean an unlawful infliction of force/violence, or a hostile act—for example, a threatening gesture—which puts another person in fear of immediate violence. Journalists should not assume that an assault charge necessarily alleges that a physical attack occurred. Either type of act must be proved as intentional or reckless. A push can be a common assault. Battery can also be expressed as a charge of ‘assault by beating’. They are summary charges, unless the assault is alleged to have been aggravated by hostility towards the alleged victim’s race or religion, when they are either-way. There is also an either-way charge of assaulting an emergency worker during their work.

Answer 46

An assault—that is, a threat and/or attack, see earlier—which caused more than transient and trifling harm. The harm could be psychiatric illness. Either-way.

Answer 47

These charges are in section 20 of the Offences against the Person Act 1861. It must be proved that the defendant intended or foresaw causing some harm and—depending on which charge the prosecution sees as accurately describing the injury—that the harm caused was a wound or grievous (that is, serious) harm which was not, or not only, a wound. Either charge, in full form, includes the term ‘malicious’—for example, ‘malicious wounding’. A ‘wound’ is the slicing through or breaking of skin and can be a mere cut. But a wounding charge tends to be used only if the wound is serious. A GBH charge tends to be used, for example, if the harm includes broken bone, or led to substantial loss of blood and/or extended medical treatment and/or permanent disfigurement and/or permanent disability. These charges are either-way.

Answer 48

Under section 18 of the 1861 Act, the wounding or GBH is deemed to have been ‘with intent’ if there is intent to cause GBH or to resist ‘lawful apprehension’. Such a charge is indictable-only. It carries a maximum penalty of life imprisonment

Answer 49

Indictable-only

Answer 50

Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it (Theft Act 1968). Either-way. The act of theft is stealing. Do not refer to this offence as robbery.

Answer 51

Theft by force (that is, violence), or by threat of force. Indictable-only.

Answer 52

Dishonestly receiving goods, knowing or believing them to be stolen, or dishonestly helping in the retention, removal, disposal or sale of such goods. Either-way.

Answer 53

Entering a building as a trespasser and then * stealing or attempting to steal from it; or * inflicting or attempting to inflict grievous bodily harm to anyone in it; or * making trespassing entry to a building with: – intent to steal; or – intent to inflict GBH; or – intent to do unlawful damage. Generally, burglary is an either-way charge, but in some circumstances it is indictable-only.

Answer 54

Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive. Indictable-only

Answer 55

Under the Fraud Act 2006, there are now general offences of fraud, defined as conduct ‘with a view to gain or with intent to cause loss or expose to a risk of loss’ involving either:

Answer 56

Making an unwarranted demand with menaces with a view to gain. This offence could be a threat to disclose embarrassing secrets or photos involving the victim unless money is paid, or another type of extortion such as a threat to contaminate goods on a supermarket company’s shelves unless money is paid. Indictable-only.

Answer 57

Sometimes referred to as ‘taking without owner’s consent’ (TWOC). It can cover conduct known as ‘twocking’ or ‘joy-riding’ in which offenders abandon a car after using it. This offence does not involve an intention to deprive the owner permanently of the vehicle and so should not be described as theft. Summary.

Answer 58

When a vehicle has been taken (as above) and someone is injured, or the vehicle or other property is damaged because of how it was driven. Either- way.

Answer 59

Driving a motor vehicle when the ability to do so is thus impaired. Summary.

Answer 60

When alcohol in the driver’s body exceeds the prescribed limits —80 milligrammes of alcohol in 100 millilitres of blood; 35 microgrammes of alcohol in 100 millilitres of breath; or 107 milligrammes of alcohol in 100 millilitres of urine. Summary.

Answer 61

The driver is unfit to drive as a result of drink or drugs, or has consumed excess alcohol or failed to provide a specimen. Indictable-only.

Answer 62

Knowingly giving false evidence after taking an oath as a witness to tell the truth in court (including in a tribunal which a court), or in an affidavit. Indictable-only.

Answer 63

Concealing evidence or giving false information to police. Indictable-only.

Answer 64

A lesser offence, committed by a person knowingly making a false report that a crime has been committed or falsely claiming to have information material to an investigation.

basic knowledge Flashcards

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