Media Law: Terminology

Question 1

arraignment

Answer 1

first stage of court procedure in which clerk of the court reads indictment to defendant

Question 2

ASBO

Answer 2

anti-social behaviour order - used for low-level disorder not usually warranting criminal prosecution (curfew, bans from places, etc.)

Question 3

ACPO

Answer 3

Association of Chief Police Officers - forum for top brass to discuss policing methods

Question 4

ATVOD

Answer 4

Authority for Television on Demand - co-regulates (with Ofcom) VOD

• must be television-like
• fees are paid
• no hate content

Question 5

bail

Answer 5

arrangements under which someone charged can remain free of custody until trial

Question 6

balance of probabilities

Answer 6

standard proof in civil cases (claimant must prove 50% likely what they say is true)

Question 7

beyond all reasonable doubt

Answer 7

standard proof in criminal cases, must be proven by prosecution to magistrates or jury

Question 8

bill

Answer 8

written proposal for law which is then debated in Parliament

Question 9

burden of proof

Answer 9

obligation resting on a party in a trial (usually on those who bring the charges)

Question 10

CAFCASS

Answer 10

Children and Family Court Advisory and Support Service - non-departmental government body to support children involved in family court proceedings

Question 11

caution

Answer 11

formal warning given by the police as alternative to prosecution (only if guilt admitted)

Question 12

Chatham House rules

Answer 12

system for holding debates on controversial issues, designed to encourage openness (anyone at the debate can use any info BUT NOT reveal who said it)

Question 13

claimant

Answer 13

person bringing case in civil court

Question 14

committal hearing

Answer 14

hearing in magistrates court to decide whether there’s enough evidence to send to Crown Court

Question 15

common law

Answer 15

also ‘case law’, formed by judges decisions in higher courts setting legal precedents

Question 16

concurrent sentencing

Answer 16

multiple prison sentences overlap (so in reality you only get the worst one)

Question 17

consecutive sentencing

Answer 17

multiple prison sentences given one after the other

Question 18

conditional discharge

Answer 18

type of sentence where defendant not punished provided they meet certain conditions

Question 19

absolute discharge

Answer 19

type of sentence where defendant not punished

Question 20

counsel

Answer 20

lawyers and such

Question 21

DA-notice

Answer 21

called D-notice until 1993, official request for editors no to publish something in interest of national security

Question 22

double jeopardy

Answer 22

ancient rule saying once acquitted can’t be tried for same offence (no longer absolute rule)

Question 23

either way offence

Answer 23

offence that can be tried in magistrates or Crown Court (if defendant doesn’t opt for Crown the magistrates have to decide)

Question 24

jigsaw identification

Answer 24

IDing someone through disclosure of separate bits of info

Question 25

habeas corpus

Answer 25

rule limiting unlawful detention, must be brought before judge

Question 26

held on remand

Answer 26

being held in custody after arrest, usually until trial starts

Question 27

in chambers

Answer 27

case heard in judge's chambers

Question 28

in camera

Answer 28

old word for case being held in private

Question 29

indictment

Answer 29

formal accusation that person has committed a crime

Question 30

indictable offence

Answer 30

offence that can only be tried in Crown Court

Question 31

injunction

Answer 31

court order obliging someone to do / not do something (with press usually bans publication) either temporarily or permanently

Question 32

judicial review

Answer 32

action brought to High Court that review decisions of public bodies

Question 33

legal aid

Answer 33

provision of assistance to people otherwise unable to afford legal representation

Question 34

limitation period

Answer 34

time limit on when a certain type of case can be brought (if you miss it then usually can't go ahead)

Question 35

mens rea

Answer 35

Latin for "guilty mind", must be an element in some crimes

Question 36

mode of trial hearing

Answer 36

held at magistrates to decide whether case will be heard in magistrates or Crown Court

Question 37

Newton trial

Answer 37

hearing when two sides given such contradictory evidence that a judge sits and tries to work out who is telling the truth, once cleared up can go to full trial

Question 38

off the record

Answer 38

not for publication, not to be quoted

Question 39

on the record

Answer 39

ok to publish / quote

Question 40

PACE

Answer 40

Police and Criminal Evidence Act 1984, establishes the powers police have to deal with crime

Question 41

plea

Answer 41

defendant's answer to a charge in criminal case

Question 42

pleas in mitigation

Answer 42

arguments made by lawyer to get their convicted client a lower sentence

Question 43

power of attorney

Answer 43

authorisation to represent someone's legal affair

Question 44

prima facie

Answer 44

initial piece of evidence that, unless rebutted, would prove a crime (most proceedings need this to begin)

Question 45

Queen's Counsel

Answer 45

QC, super lawyers

Question 46

Regina v

Answer 46

written form of criminal cases

Question 47

slander

Answer 47

verbal defamation

Question 48

special damages

Answer 48

economic loss (e.g. to property, earnings, etc.), as opposed to "general damages" being pain, suffering, emotional distress

Question 49

spent conviction

Answer 49

no longer turns up on criminal record (different time for different crimes, commencing from when sentence ends)

Question 50

standard of proof

Answer 50

how certain a decision maker has to be when deciding a case (e.g. beyond reasonable doubt, balance of probabilities)

Question 51

strict liability

Answer 51

responsibility for damage or loss caused despite culpability

Question 52

sub judice

Answer 52

case under trial or being considered by judge/court

Question 53

subpoena

Answer 53

forces witness to testify or bring evidence

Question 54

summary trial

Answer 54

trial of summary offence in magistrates court

Question 55

summary offence

Answer 55

can only be tried in magistrates (though NOT necessarily trivial)

Question 56

superinjunction

Answer 56

not even allowed to report on the fact there's an injunction

Question 57

surety

Answer 57

check notes

Question 58

ultra vires

Answer 58

"beyond powers", essentially an invalid act (by court, public body, etc.)

Question 59

voir dire

Answer 59

trial within a trial to assess legitimacy of evidence or witness (jury often leaves for this)

Question 60

ward of court

Answer 60

person under 18 under care of Family Division of High Court due to legal order

Question 61

watershed

Answer 61

past 9pm you can show naughty stuff

Question 62

without prejudice

Answer 62

if case is dismissed without prejudice then defendant is liable to be retried