Media Law: 9 Reporting restrictions in criminal cases Flashcards
(43 cards)
1
Q
main types of criminal proceedings where reporting is restricted
[3]
A
- hearing taking place before trial
- cases involving rape / sexual offences
- pleas in mitigation
2
Q
what can be reported from preliminary hearings in magistrates?
[9]
A
- names of court and magistrates
- names/addresses/occupations of parties and witnesses; ages of defendants and witnesses
- offences (ask clerk for more details, e.g. when, where, victim)
- names of barristers/solicitors
- adjournment date + new court
- whether case transferred to Crown Court
- bail
- legal aid
- whether any reporting restrictions were lifted
3
Q
effectively what can’t be reported from preliminary hearings?
[1]
A
- anything either side alleges
4
Q
lifting restrictions
[2]
A
- only if defendant applies for it, and only if in interests of justice
- if two defendants disagree then courts decide
5
Q
when do restrictions on preliminary hearings end?
[3]
A
- magistrates dismiss case
- all defendants have been tried in Crown Court
- magistrates decide on summary trial
6
Q
can restrictions be re-implemented?
[1]
A
- HELL NO!
7
Q
who is liable under s8(1) of the Magistrates Courts Act 1980?
[3]
A
- publisher
- proprietor
- editor
8
Q
what can/can’t you report about bail applications?
[3]
A
- whether it was granted
- what the conditions were
- NOT what the arguments raised were
9
Q
what can be reported from pre-trial hearings in Crown Court?
[2]
A
- NOTHING
- unless court has heard from ALL the accused and reckons it’s in the interests of justice to allow reporting
10
Q
what can be reported about preparatory hearings (used to make life easier for jury)?
[7]
A
- name of court / judge
- names/age/address/occupation of accused and witnesses
- offence(s)
- names of lawyers
- if adjourned: date and location
- bail
- legal aid
11
Q
what can be reported from applications to dismiss?
[7]
A
- name of court / judge
- names/age/address/occupation of accused and witnesses
- offence(s)
- names of lawyers
- if adjourned: date and location
- bail
- legal aid
12
Q
what can be reported from preparatory hearings of serious fraud cases?
[7]
A
- name of court / judge
- names/age/address/occupation of accused and witnesses
- offence(s)
- names of lawyers
- if adjourned: date and location
- bail
- legal aid
13
Q
which types of case can skip the normal committal procedures?
[2]
A
- serious fraud cases
- sexual offences involving children
14
Q
conditions for sex offence case involving children skipping committal procedures
[3]
A
- offence is of nature making it suitable for Crown Court
- child is either victim or witness giving evidence
- delay might affect welfare of child
15
Q
sexual offences reporting principle
[1]
A
- media can’t name victims for lifetime (encourages to come forward)
16
Q
legislation outlining sexual offences reporting
[2]
A
- Sexual Offences Act 2003
- Youth Justice and Criminal Evidence Act 1999
17
Q
what might lead to ID of sex offence victim?
[6]
A
- name
- address
- school / other educational institution
- place of work
- still / moving pictures
- other obvious info (e.g. “a man raped his niece”)
18
Q
DEF: piecing together descriptions to arrive at ID
[1]
A
- ‘jigsaw identification’
19
Q
offences covered by sexual offence restrictions
[12]
A
- rape
- attempted rape
- aiding, abetting, counselling and procuring rape
- incitement to rape
- conspiracy to rape
- burglary with intent to rape
- indecent assault
- offences involving indecency or sexual activity with children
- indecent exposure
- internet ‘grooming’
- trafficking for sexual exploitation
- voyeurism
20
Q
CASES where papers broke sexual offence restrictions
[3]
A
- naming ‘family member not related’ (i.e. step-daughter)
- unwittingly named trafficked women in brothel story
- girl named in reports for running away with 31-year-old bf, on return he was charged with sex offence, Marie Claire reported with name
21
Q
sex offence restriction have widest possible scope
[3]
A
- even if claim withdrawn
- CIVIL (as well as criminal): e.g. sex discrimination case may include indecent assault
- any kind of story (NOT just reporting court cases)
22
Q
when might judge lift sex offence restrictions?
[2]
A
- victim applies for it (to bring forward witnesses, etc.)
- when considered ‘unreasonable restraint’ on reporting, seen in public interest (usually when other serious offences involved)
23
Q
publishing conditions if victim lifts restrictions
[3]
A
- must be over 15
- must give written consent to any publication
- decision must be made freely
24
Q
instance in which rape cases can be identified
[1]
A
- later cases not to do with the rape (e.g. perjury for lying about rape)
25
PCC regs on sexual offences
| [5]
- press must NOT identify victims of sexual assault
- must NOT identify children under 16 victims of sexual assault (even if legally free to do so)
- adult may be identified
- word 'incest' must not be used if it might identify
- nothing in the report must suggest relationship
26
Ofcom guidelines
| [1]
- describes what is basically jigsaw identification
27
restrictions reporting pleas in mitigation
| [2]
- if allegations are derogatory to someone's character
- if those allegations are untrue or irrelevant to case
- court can order restrictions to stay in place for a year after trial
28
statutes protecting vulnerable witnesses
| [3]
- Youth Justice and Criminal Evidence Act 1999
- Coroners and Justice Act 2009
- Serious Organised Crime and Police Act 2005
29
YJCEA: restrictions identifying witnesses (adults only) based on whether they would improve...
[2]
- quality of evidence
| - level of cooperation
30
how do you determine quality of witness?
| [4]
- nature/circumstances of alleged offence
- witness's age and background
- behaviour towards witness by defendant
- witness's own views on the matter
31
DEF: order banning publication of any material relating to witness
[1]
- s46 order (YJCEA)
32
DEF: order protecting witnesses under 18
| [1]
- s39 order (Children and Young Persons Act 1933)
33
DEF: public removed from court while young/vulnerable witness gives evidence
[1]
- 'special measure direction' (YJCEA)
34
who's eligible for 'special measures direction'
| [4]
- anyone under 18
- anyone whose evidence will be diminished due to disability/disorder
- alleged victims in sex case
- anyone whose evidence will be diminished due to fear and stress
35
what's new in Coroners and Justice Act 2009?
| [4]
- s76 allows magistrates court to make 'investigation anonymity order'
- applies to murder/manslaughter by shooting or stabbing
- on request from police
- designed for cases involving gangs
36
conditions for s76 order
| [4]
- suspect aged between 11 and 30
- member of group identified by involvement in criminal activity (i.e. a gang)
- person covered by order has realistic fear of harm
- person covered by order likely to have info useful to investigation
37
limits to prosecutions for breaking s76
| [2]
- if you had no idea it existed
| - if you had no idea the info would ID the person
38
what else is new in CJA 2009?
- s86: witness anonymity order
39
what does a s86 order involve?
- withholding name / ID-ing details
- using pseudonym
- evidence behind screen
- disguising voice
- banning questions which might ID them
40
when can s86 orders be used?
- belief there is threat to witness/property
- consistent with defendant getting fair trial
- witness won't testify without one and their evidence is crucial to public interest
41
additional PCC guidelines when reporting crime
- relatives of defendants should not be named unless relevant
- special regard for kiddies (though this shouldn't restrict right to report legal proceedings)
42
additional Ofcom guidelines when reporting crime
- no images of people involved in emergencies (even in public place) where there might be issues of privacy
- UNLESS warranted or they've given consent
43
possible restrictions during appeals on new evidence
- Court of Appeal has right to restrict reporting on any material
- exceptional, must potentially prejudice the case
- media should be given 14 days notice
