The Laws (Articles) Flashcards
What is privacy law?
European convention on human rights article 8: “everyone has the right to respect for his private and family life, his home, his correspondence.”
Also if the person only had reasonable expectation of privacy.
IPSO uses editors code when complaints are made:
Clause 2 of the code says “everyone is entitled to respect of his/her private, home and health correspondence.
Editors will be expected to justify.
No limit in fine can be imposed for contempt of court publisher can be held liable.
What does the European convention on human rights article 10 say?
“Everyone has the right to freedom of expression the right shall include freedom to hold opinions and to receive and impart information and by public authority and regardless of frontiers it underpins the principle of open justice. Although UK common law is stronger.
What does article 6 say?
“Everyone charged with a criminal offence shall be presumed until proven guilty according to law.”
What are the types of judges?
Magistrates are paid district judges they can issue up to a £1000 fine or 12 months.
Crown court judges have had a career as a lawyer (senior). Indictable only cases.
Some sit in on both.
Court of appeal are more senior again.
Supreme are the most senior.
How is law made?
Statue = legislation = an act of parliament.
What happens in a trial of a civil case?
A court hearing which decides by hearing the evidence wether the claimant / defendants wins.
Claimant -> sueing
Defendant -> being sued
County courts deal with the most.
High courts deal with most complex cases.
what happens in a trial of a criminal case?
Court hearing decides whether guilty or not.
Defendant pleads
magistrates to crown.
preliminary hearings.
Jury is important for majority voting and they can not be interrupted for 2 hours 10 minutes.
What does open justice mean?
Every court of justice is open to every subject of the king.
What is the contempt of court act 1981?
A strict liability rule. The purpose of this part of the act is to protect the fairness of any trial in the case when cases cease to be active the type of material published could breach the act.
What are the two types of law?
Civil law - administers in the legal system which resolves disputes involving individuals/companies.
Criminal law - Administered in the legal system.
What is the need for open justice/fair trial?
Justice - the public being able to attend court cases to observe the proceedings to publish reports.
Trial - Publicity should not create prejudice. Impose automatic reporting restrictions 52A.
What happens in a summery/preliminary trial?
After allocation hearing for cases heading to summery.
Mitigation - the difference between previous convictions and the offences taken into consideration.
How does a criminal case begin?
An arrest
A charge
Information presented to the magistrates which deems a warranted arrest.
A written charge or notice.
Why are there reporting restrictions?
To stop people who could be jury creating a bias / hearing pre trial hearings. To avoid prejudice.
What is pre-judicial material?
Revelation that a defendant already has a criminal record.
Reference to evidence which is later proved wrong.
A suggestion that a defendant may be charged with more than one defence.
