Crime- Media Coverage Prior To Any Court Case (P68-P79)

Question 1

People accused of Crime are under what legal Principal?

Answer 1

“The presumption of Innocence” - The prosecution has to prove Guilt “Beyond Reasonable Doubt”

Question 2

Under what Act can a Police Officer arrest a person who jas committed/is committing/ about to commit an offence or on reasonable grounds of suspicion?

Answer 2

The Police & Criminal Evidence Act 1984

Question 3

Does an “Arrest” make a Case “Active”

Answer 3

Yes- under the Contempt of Court Act 1981 ( limits what can be published from then on)

Question 4

Journalists need to check what when a suspect is being questioned?

Answer 4

• If the suspect if voluntarily helping the police ( can still report)
• Or if the suspect is under arrest ( Case now Active, Contempt Laws affect what can be published).

Question 5

What are the Time Limits to Detention by Police ( Prior to any Charge)

Answer 5

1. 24 hours under arrest
2. Police superintendent can authorise +12 hours of someone suspected of an indictable offence
3. Police ask Magistrates Court to authorise +36 hours
4. Maximum total 96 hours.
5. People suspected of terrorism can be detained for 14 days without charge.

Question 6

What must an arrested person do if they sue the police for damages for unlawful arrest “false imprisonment”?

Answer 6

They must prove the police grounds for detaining them were unreasonable.

Question 7

What makes a case active under the Contempt of Court Act 1981?

Answer 7

1. A summons - requires attendance at court on a specific date
2. The issue of an Arrest Warrant
3. Service of a written charge.

Question 8

Under what Act do Teachers get given Automatic Anonymity (unless charged)?

Answer 8

Section 141F of the Education Act 2002 - illegal to publish material identifying a teacher.