Media Law: 7 Access to courts Flashcards

(45 cards)

1
Q

areas of law that say courts should be public

[3]

A
  • case law
  • statute law
  • guidelines for court system
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2
Q

case summing up media access to courts

[3]

A
  • A-G v Leveller Magazine (1979)
  • nothing should discourage fair and accurate publication of court proceedings
  • UNLESS it would ‘frustrate or render impracticable the administration of justice’
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3
Q

case summing up embarrassment

[2]

A
  • Scott v Scott (1913)

- embarrassment NOT a reason for private courts

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4
Q

which HRA article is free trial?

[1]

A
  • Article 6
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5
Q

HRA provisions for trial in private

[4]

A
  • interest of morals, public order or national security
  • in order to protect juveniles
  • in order to protect private life of parties
  • when publicity would prejudice justice
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6
Q

main article of HRA that needs balancing with Private Life

[1]

A
  • Article 10: freedom of expression
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7
Q

DEF: something to take into account when considering banning access

A
  • principle of proportionality

- e.g. could a ban on reporting be just as effective as a ban on public access?

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8
Q

sources of court guidelines

[2]

A
  • Civil Procedure Rules

- guidelines issued by Judicial Studies Board (latest 2009)

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9
Q

principles set out in guidelines

[4]

A
  • generally, courts should be public
  • restriction of access should be exceptional / necessity
  • courts must stay in line with Articles 6 (trial) and 10 (expression) of HRA
  • media representation before access restriction, or if varying or lifting restrictions
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10
Q

types of hearing (in terms of access)

[3]

A
  • in open court
  • in private
  • in chambers
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11
Q

hearings in open court

[3]

A
  • held in courtroom
  • public and press allowed
  • reporting restrictions can still apply (either automatically or by order)
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12
Q

hearing in private

[5]

A
  • neither public nor press allowed
  • formerly known as ‘in camera’
  • NO reporting restrictions (providing someone there is willing to tell the press what happened)
  • BUT privilege defence for defamation doesn’t count
  • AND reporting certain private proceedings is contempt
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13
Q

McPherson v McPherson (1936)

[3]

A
  • Govt minister divorce
  • ‘open’ proceedings behind door ajar with PRIVATE sign
  • Privy Council ruled it was invalid
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14
Q

hearings in chambers

[2]

A
  • in judges’ offices, etc. (usually for convenience)

- press don’t have right to attend, but if requested they should be given access where possible

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15
Q

when hearing in chambers are interesting

[3]

A
  • fairly rare
  • Hodgson v Imperial Tobacco
  • judges discretion to make arrangements (e.g. one member of press allowed to take notes)
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16
Q

what to do if you’re unsure about access

[1]

A
  • ask for an enquiry to be sent to the judge
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17
Q

sources of access restrictions (and where they apply)

[4]

A
  • common law (any courts)
  • statutory powers (specific courts)
  • court rules (specific courts)
  • HRA
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18
Q

Warrington Guardian case (2008)

[2]

A
  • journalist not allowed in bail hearing or given verdict after
  • sent letter to judge, received verdict few hours after
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19
Q

DEF: general common law power giving courts power to control their own proceedings
[1]

A
  • ‘inherent jurisdiction’
20
Q

inherent jurisdiction rare

[3]

A
  • most judges will use statutory powers
  • inherent jurisdiction should be used exceptionally
  • cannot be used for embarrassment
21
Q

legislation saying magistrates should sit in open court

[2]

A
  • Magistrates’ Court Act 1980

- when trying a case, passing sentence or acting as examining judges

22
Q

2009 guidelines from Judicial Studies Board outlining when restrictions acceptable
[7]

A
  • public hearing would disrupt justice
  • ‘necessity’ is key (e.g. embarrassment NO, national security YES)
  • relevant evidence must be provided
  • court should use less restrictive measure if possible
  • other alternative: using pseudonym for witnesses and banning publication of real name
  • can exclude for only part of trial
  • if public removed due to disorder, media should be allowed to stay
23
Q

child witnesses in sex offence

[4]

A
  • Youth Justice and Criminal Evidence Act 1999
  • court can remove public if witness under 18 giving evidence
  • press NOT included in this
  • EXCEPT in Northern Ireland
24
Q

special measures directions

[1]

A
  • similar to child witness rules
25
hearings in camera | [3]
- for national security, to protect witness ID, etc. - party wanting hearing in camera must apply in writing 7 days in advance - press can make representations against this decision
26
Youth Court proceedings | [2]
- public not allowed (except at courts discretion) | - press should not be excluded
27
applications for further detention | [1]
- guidelines say not in open court
28
cases under Official Secrets Act | [2]
- court can order public (or section of it) from courtroom | - only if national security in danger
29
obtaining info from criminal courts | [3]
- Crown Court lists ONLINE - Magistrates will give lists to press on the day register of decisions in magistrates courts available on request to clerks - courts should provide local newspapers with copy of court register once it's prepared
30
how much do court lists cost? | [1]
- since Jack Straw in 2008: NOTHING
31
minimum info on court lists | [5]
- name - age - address - profession - offence
32
what shit don't you stand for? | [1]
- court clerks slapping the Data Protection Act on yo ass!
33
information from the prosecution | [2]
- new Protocol from DPP in 2005 | - media has access to as much relevant info as possible, as quickly as possible
34
information prosecution used to make case, including: | [5]
- CCTV footage - photos/video reconstructions of crime - maps/photos/diagrams/drawings used in court - from police: video footage, seized property, weapons, etc. - transcripts of statements read out in court
35
other info held by prosecution | [4]
- ONLY after consultation with CPS, police, victims - statements made by witnesses/victims - video/audio of police interviews - CCTV involving the victim
36
when civil cases can be held in private | [7]
- publicity would make proceedings pointless - national security - confidential info (including financial) - contains uncontentious matters of administration of trust or estate of deceased - protecting a child or patient - application without notice - to protect interests of justice
37
applications for injunctions | [3]
- usually in open court if person injunction against represented by a lawyer - NOT for domestic violence cases - Queen's Bench private; Chancery Division open
38
information you are entitled to in civil cases | [2]
- 'statement of case' | - payment of a fee
39
what 'statement of case' includes | [6]
- claim form (claim and parties' names) - particulars of the claim (further details) - defence put forward by other side - Part 20 claims (any claims not by claimant) - reply to the defence - any other info voluntarily given
40
does this include judicial review? | [1]
- yes, since 2008
41
what about written statements given to jury but not read out? [1]
- yeah, you should be able to get those too
42
reason for not releasing documents | [3]
- in the interests of justice - public interest - nature of medical evidence contained in statement
43
DEF: documents barristers use explaining the points they intend to make
- 'skeleton arguments' | - should be provided to press if used as basis of oral statement
44
case that got press access to skeleton arguments
- Howell, Harris and May (2003)
45
can you get information after court case is over?
- judges say yes | - this is based on David Leigh's BAE story