MEDIA LAW Flashcards
(54 cards)
1
Q
Define Civil Law
A
An argument between two parties for which monetary damages can be paid.
2
Q
Define Criminal Law
A
Crimes committed against society -
3
Q
Where are laws derived from?
A
- Precedent/ case law is derived from previous cases
- Statute law is decided in parliament
- Common law - laws we’ve had since the middle ages, laws created by judges over the years
- ECHR - from the European Union and is not affected by Brexit.
4
Q
Charge
A
- In criminal cases and is the formal accusation that gives the details of the crime
5
Q
Prosecute
A
- in criminal cases – Is it in the public interest? Is there a realistic prospect
of conviction?
6
Q
Claimant
A
In civil cases the person who is taking the civil action
7
Q
Defendant
A
- In criminal cases, this is the person who has been accused
- In civil, it is the party against whom action is being taken
8
Q
Solicitor
A
In both civil and criminal - Legal representative who deals with the client and
does the background work etc
8
Q
Barrister
A
In both civil and criminal - Legal representative in court
9
Q
Counsel
A
collective name for barristers
10
Q
Sue
A
In civil cases - means to take action against someone
11
Q
Damages
A
In a civil case the amount of money paid
12
Q
Claim form
A
in civil cases this means to start a civil action
13
Q
Tort
A
In civil this is the wrongdoing that you would be suing for eg) medical negligence
14
Q
Injunction
A
(Civil) – A court order forcing someone to do or stop doing
something
15
Q
Settlement
A
(Civil) – If the civil case is settled before trial (not admitting
liability)
16
Q
Found or held liable
A
(Civil) – Have to pay damages
17
Q
Admitted liability
A
(Civil) – Have to pay damages
18
Q
Magistrates Court
A
Most criminal cases go to magistrates court, minor cases of fraud, stalking etc; the magistrates court is the first port of call before the crown court.
19
Q
Crown court
A
More serious cases go to Crown Court – verdict by jury; sentenced by judge
20
Q
Youth court
A
Most juveniles go to youth court - rules of anonymity, cannot identify under 18s
Appeals:
21
Q
High court
A
High Court deals with appeals from Magistrates and Crown courts on points of
law
22
Q
Where are most civil cases dealt with?
A
Most civil cases go to County Court eg. Debt recovery; breach of contract;
negligence; bankruptcy; divorce; care proceedings
More serious/complex cases (or those with the highest value) and defamation
cases go to High Court
23
Q
In what cases would there be a trial by jury in civil courts?
A
Fraud – jurors will think differently to a judge (the test is what a reasonable
and honest person would think is dishonest)
False imprisonment – for reasons of independent decision
Malicious prosecution – for reasons of independent decision
24
Draw out the hierarchy of the courts and explain
High court is where you would expect to see media cases.
Size of the claim may impact the court that it is taken to.
Supreme court is the highest court of appeal.
Crown court decisions do not set any precedent - the court of appeal does set precedents.
Appeals on a point of law challenges the reporting restriction.
25
What is the burden proof in Civil and Criminal Cases
In civil you need to be sure on the balance of probabilities
In a criminal case you need to prove someone guilty beyond reasonable doubt.
26
What year was the contempt of court act?
1981
27
Describe contempt of court?
A “strict liability” criminal offence. Your intention does not matter.
Contempt is anything which interferes with the course of justice. The
purpose of this part of the act is to protect the fairness of any trial in
the case - ask would anything you publish impact the jurys impression
The Attorney General, the Crown court or a higher court has power to
initiate contempt proceedings under the 1981 Act as regards what has
been published.
28
Key phrase of contempt of court
Prosecution must prove (to criminal standard) what you published
created, or had the potential to create, a “substantial risk of serious
prejudice or impediment” to a trial when a case is active.
29
What is the punishment for contempt of court?
The offence is punishable by an unlimited fine and/or a jail sentence of up to two years.
30
When is a criminal case active?
* an arrest is made without warrant;
* someone is charged orally;
* an indictment of charges is served;
* a warrant has been issued; or
* a summons has been issued.
31
When are proceedings in a civil case active?
The case has been set down for trial or a date for the trial has been fixed.
But unlikely to prejudice civil proceedings as usually heard by judge alone – however,
witnesses could be affected by what they have read.
31
Proceedings in an inquest are active when:
- An inquest is opened.
32
If proceedings become active, then you cannot publish anything that creates a substantial risk of serious
prejudice, such as:
* stating that the person arrested is the same person who committed the crime;
* publishing photo, photo-fit or detailed description if identification is in issue and there is going to be an ID
parade, or if identification may be an issue at trial;
* using the word “murder” – it may be manslaughter or an accident;
* using detailed witness statements – the witness may feel obliged to stick to the published version of events in
court, even if he later realises it was wrong;
* previous convictions;
* anticipating or influencing the verdict; or
* background material/lifestyle.
33
Why cant you publish a photo or id fit when the proceedings are active?
publishing photo, photo-fit or detailed description if identification is in issue and there is going to be an ID
parade, or if identification may be an issue at trial;
34
What criminal matters can be reported on without risking CoC?
Non-prejudicial, basic information about the crime;
* name, age, address of the victim;
* where and when the alleged offence occurred or body was found;
* For example: The media can report there has been a robbery...
* The media can report where it took place...
* The media can report someone was later arrested...
* The media cannot say THE robber was later arrested...
35
What is fade factor
The theory that media reports are less likely to affect jurors the further away in time they are when a case is actually heard.
Professor Cheryl Thomas, from University College London, 2010 - study found the first
evidence in the UK that the "fade factor" does play a role in insulating a jury from
potentially prejudicial coverage.
Can move trial away in both time and geographical distance - i.e. R v Venables and
Thompson taken from Merseyside to Preston Crown Court (45 minute drive).
35
When do cases cease to be active?
* No arrest is made within 12 months of an arrest warrant being issued
* The case is discontinued
* The defendant is sentenced or acquitted
* Defendant is found to be unfit to stand trial or unfit to plead
* Court orders the charge to lie on the file
36
Describe the Christopher Jefferies CoC example.
The Sun and Daily Mirror published headlines eg) CREEPY ‘Loner with blue rinse hair’”. (Sun) and “Friend in jail for paedophile crimes”; (The Daily Mirror)
Attorney-General, Dominic Grieve, said the articles gave the overall impression that Mr
Jefferies had the ‘propensity’ to commit the kind of crimes he had been arrested for.
Said papers engaged in a "feeding frenzy”.
Daily Mirror fined £50,000
The Sun fined £18,000
He said it acted as "a reminder to the press that the Contempt of Court Act applies from
the time of arrest".
Mr Jefferies also won damages from eight newspapers for libel
A man called Vincent Tabak later tried and convicted of the murder.
37
What is the relevant legislation for Juveniles
Children and Young Persons Act 1933.
Youth Justice and Criminal Evidence Act 1999.
38
Juvenile Anonymity
Juvenile will not have anonymity at law
But IPSO says (Clause 9) we should not name them
39
What is the age of criminal responsibility
10
40
How do we classify young people in court reporting by age?
Juveniles are those under 18. A “young person” is over ’14’ but under 18, while a “child” is under ’14’ (s.107, CYPA, 1933).
41
What are the rules of the youth court
Most of them are dealt with in the youth court.
The public are barred from the youth court.
But bona fide representatives of the press can attend s.47 CYPA 1933.
42
When is a juvenile concerned in court proceedings
Either as defendants, witnesses, victims or alleged victims.
Applies to anyone up to the age of 18.
Does not apply to dead juveniles
Only applies if the juvenile is ‘concerned’ in the case
42
Youth court
Most juveniles go to Youth Court.
Similar to Magistrates Court.
Deal with minor crimes.
Serious crimes (or if there is an adult co-defendant) will be sent to Crown Court.
43
Section 49 Children and Young Persons Act 1933 s
Section 49 Children and Young Persons Act 1933 says . . .
Reporting of Youth Courts must NOT contain:
Name
Address
School/Educational establishment/workplace
Still or moving image
Anything leading to the identification of any child or young person involved in Youth Court proceedings
This anonymity is automatic for anyone under 18 concerned in Youth Court proceedings
This means not just juvenile defendants, but juvenile victims and witnesses too
44
Jigsaw Identification
It should be noted that anonymity statutes don’t merely prevent naming protected people
Anonymity statutes prevent us from identifying them
It isn’t enough to simply leave out the name
A description could be enough to ID them
bear in mind what other people are reporting too - can be across multiple publications
It need only be proved that it was ‘likely’ to identify the child, not that it in fact did
45
Consequences for breaching S49?
Maximum fine - Unlimited (same for s.45, YJCEA, 1999)
Plymouth Evening Herald fined £1,500 in 2003
Published a photo of a 15-year-old boy convicted of stabbing a fellow pupil
Face was pixelated but friends and relatives identified him
46
When does S49 no longer apply?
S49(5) gives a youth court power to lift a juvenile’s anonymity:
To avoid injustice – to help trace a witness (rarely used), to quash rumours.
Unlawfully at large – can lift restrictions if asked by Director of Public Prosecutions to trace a juvenile unlawfully at large after being charged with or convicted of a serious offence
Courts may lift S49 anonymity under s.49(4A) in respect of a convicted juvenile if satisfied there is a public interest justification – eg. for the benefit of the community if a juvenile is a persistent offender
47
What happens in the case of juveniles convicted of a Grave offence
Serious crimes (eg murder) will be sent to Crown Court for trial.
Also applies if there is an adult co-defendant.
Initially, in transfer hearing in youth court, automatic s.52A of the Crime and Disorder Act 1998 anonymity applies.
However, then there is no automatic ban on identifying any juvenile ‘concerned in the proceedings’ of an adult criminal court.
The anonymity here is discretionary.
Ban can be imposed under Section 45 of the Youth Justice and Criminal Evidence Act 1999.
Routinely done.
48
Section 45
If they are being tried with an adult co-defendant or charged with homicide or another ‘grave’ offence then they can be tried and sentenced in the crown court.
Juveniles in the crown court do not have automatic anonymity BUT the court can make an order under Section 45 of the Youth Justice and Criminal Evidence Act 1999 to ban the media from identifying a juvenile.
49
Section 45A
Lifetime anonymity for victims or witnesses under 18:
The court may make a reporting direction in respect of a person only if it is satisfied that—
(a)the quality of any evidence given by the person, or
(b)the level of co-operation given by the person to any party to the proceedings in connection with that party's preparation of its case, is likely to be diminished by reason of fear or distress on the part of the person in connection with being identified by members of the public as a person concerned in the proceedings.
Anonymity under Section 49 of the Children and Young Persons Act 1933 and Section 45 of the Youth Justice and Criminal Evidence Act 1999 expires when the Juvenile turns 18.
BUT courts can impose lifelong anonymity under Section 45A of the Youth Justice and Criminal Evidence Act 1999.
This cannot be made for a defendant.
A court will use this if they are satisfied that the juvenile is in ‘fear or distress’ about being publicly identified as being concerned in the case.
50
