Possible Questions:
- Where does it sit? Parliament Square
- How many justices? 12
- Appeals from magistrates
- Indictable offences
- Sentencing
- Summary cases
- Bail application
- Committal hearings
- Family court
- Youth Court
- Licensing appeals
Civil is between individuals and/or companies and criminal is against the state
Different – Civil "On the balance of probability" and Criminal "Beyond reasonable doubt"
- Statute Law
- Common Law
- Judicial Law
- EU Law
Either: knowledge of information is a sufficiently major benefit t society as a whole
Or:
- Promotes accountability and transparency
- Furthers understanding of/participation in public debate of issues of the day
- Allows individuals/companies to better understand decisions made by public authorities affecting their lives
- Brings to light information affecting public health and public safety
Prejudice – where the publication of certain information will make it difficult for an accused person to be treated fairly
Contempt – where information published is in breach of the rules of crime or court reporting and carries a high risk of prejudicing legal proceedings; dealt with by Attorney General Dominic Greeve
- When an arrest is made
- An arrest warrant is issued
- Someone is charged
- A summons is issued by magistrates
Things which will not be disputed at a trial, e.g. that a crime happened and where
- Name, age, address and occupation of defendant
- Charges
- Name of court and judges
- If bail is granted
- If legal aid was granted
- Names of barristers and solicitors present
- Date and place case is adjourned to
An offence that can be tried either at magistrates or crown court, usually dependant on the seriousness of allegations as to which
6 months
Defendant is not immediately charged unless they re-offend
Protects anonymity of under 18s in youth court
Protects anonymity of under 18s in court
When enough bits of information are published to be able to positively identify someone
No as it this information could prejudice proceedings
For reports to be Fair, accurate and contemporaneous/fast
Balanced, i.e. not only reporting the defence r prosecution’s side
No – can report that shouts were heard but not what is said.
Libel = Defamation + Identification + Publication
- Lower them in estimation in the minds of right thinking people
- Damages their reputation/disparages their office/trade/business/profession
- Exposes them to hatred, contempt or ridicule
- Causes them to be shunned or avoided
Picture libel – where pictures of people are identifiable in ‘wallpaper’ when discussing a defamatory story, e.g. identifiable pictures of nurses when discussing negligence in hospital
- Honest Opinion/Fair Comment
- Truth/Justification
- Public Interest
Newsnight and subsequent twitter discussions lead to jigsaw identification of Lord McAlpine in false child abuse allegations.
Protects journalists from potentially untrue or defamatory statements
- Public Meetings
- Police Statements
- Press Conferences
- Council Meetings
- Press Releases
Lord Bingham ruled that in regards to a public meeting
whereby the press have been invited with intention to addressing a large
audience, then journalists will act as the eyes and ears of the public
Protect intellectual property
Unlikely; if the image is from a commons site, such as WikiCommons, it is either in the public domain and therefore free to use or a Creative Commons photo which will at least need attribution to be used, as stated in the licence agreement. Photos cannot be used under fair dealing so copyright photos are not safe to use without written permission from copyright holder.
Fair dealing allows journalists to use small snippets of copyright material for the purpose of:
- Reporting news/current events
- Review/criticism
- Parody and satire (as of sometime later this year)
Protect private or confidential information
- Breach of Privacy (Section 8 Human Rights Act)
- Commercial secrets
- State Secrets (Official Secrets Act)
Either risk an injunction asking for a response to allegations or risk breaching confidence and potentially libel if allegations turn out to be false
OfCom – broadcast
PCC – press – soon to be taken over by IPSO
BBC Guidelines
OfCom as it has statutory power
- Would there be any difference in your approach to this if you were working in newspapers or broadcasting?
Balanced stories without bias
Yes – broadcasters must be impartial but print can be skewed politically as per Editor and/or paper’s style
Coverage aids the democratic process and helps voters make choices
- False statements about candidates
- Maintaining Impartiality
- Reporting opinion polls and exit polls
No – major parties must be treated equally but minor party and independent candidates do not need as much coverage
Once all polls have closed
No