Magistrates courts P99-P111

Question 1

What is a Summary Offence?

Answer 1

Minor - Assault, Drunkeness, Speeding.
People charged with a summary Offence have NO right to a Jury Trial.

Question 2

What is an Indictable Only Offence?

Answer 2

The most serious Crimes- Murder, Paper, Robbery.
Processed initially at Magustrates, Progress to a Crown Court.
(The Indictment= The Document used at Crown Court to record the charges).

Question 3

When would a reporter need to follow the Restrictions listed under Section 8C of the Magistrates Court Act 1980?

Answer 3

Section 8C-
Could cover a defendants first appearance in court & any Pre-trial Hearing (does not prevent Contemporaneous reporting of the Plea made)

• No reporting on legal argument and discussion on if a Ruling or Order should be made
  -Imposes Automatic Restrictions limiting Contenporaneous reporting of Pre-trial Hearings.
• Temporarily Ban Publication Reports of any Ruling on Admisssibulity of Evidence
  -Any Question of Law relating to the Case
  -Any Order to Discharge or Vary a Ruling.

Question 4

Why is it necessary for a reporter to follow the restrictions listed in Section 52a of the Crime and Disorder Act when reporting from a Magistrates Court?

Answer 4

• So Jurors are not Influenced
  -‘The person who publishes it’ would be prosecuted
  Penalty is a fine unlimited by statute
  -For TV or Radio ‘The body Corporate which provides rhe service & any person having functions in relation to rhe programme corresponding to those of an editor of a Newspaper’ would be prosecuted.

Question 5

What are Preliminary Hearings?

Answer 5

They are not Trials, They are Hearings to set Bail, hear Charges and set Court Dates and more.

Question 6

What are the 7 categories of Information that can be reported from Pre-Trials?

Answer 6

1. Names of Courts and Magistrates
2. Names, ages, home addresses, occupations of witnesses & defendants
3. The Charges (in full or summarised)
4. Names of solicitors, Barristers
5. If Case is adjourned, date and place
6. Arrangements/conditions for Bail & surety arrangement Yes (NO for Reasons for Refusal of Bail)
   7.If legal aid was authorised
   *Also can include Bland Descriptions of the Court Scene/neutral background info

Question 7

What does the Section 52A of the Crime and Disorder Act 1998 Restrict?

Answer 7

1. Reporting on Evidence ( except what is included within the wording of the Charge)
2. Previous Convictions of Defendant
3. Any material to create prejudice

Question 8

What can be published from Preliminary Hearings at a Magistrates Court?

Answer 8

1. Name of court & Magistrates Names
2. The accused’s name, age, home address, occupation
   3.The charge(s) in full or summarised
3. Any relevant business information
4. Names of Counsel/solicitors
5. Adjournment, date, place
6. Arrangements to Bail, conditions & Surety arrangement
7. Safe to report someone was remanded in custody for their own protection
8. If legal aid was authorised to pay for the defendant(s) to be represented by a lawyer

Question 9

When do the Section 52A restrictions cease to apply?

Answer 9

• The accused applies to have them lifted
• Court decides to commit None for trial
• One or more of the accused are tried Summarily
• All defendants are eventually tried are Crown Court ( All evidence, everything can then be reported due to principal of Open Justice, and Defences to Prejudice and Defamation/Libel)

Question 10

What Defences can be used for reporting what happens in Crown Courts & after Section 52A restrictions are lifted or expire?

Answer 10

The Protection of Section 4 of the Contempt of Court Act 1981.
Fair and Accurate Contemporaneous Reports - Defence to Prejudice.

Absolute Privilege in Defamation Law.

Qualified Privilege- Libel Defence- applies to things reported not immediately after the case