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Media Law lecture -- Court Reporting cont'd

Questions from last week:

  • Section 39 order -- to surpress publication about details of a youth. Automatic ban in Youth Court.
  • PACE -- Police And Criminal Evidence Act; fundamental piece of legislation concerning police powers. How suspects, evidence, etc. should be approached, how police can require media organizations to disclose material to be used as evidence.
  • Redaction -- to remove parts of a document, whether for privacy, national security, etc.
  • Watershed -- the time during which it's assumed children no longer watch and more adult material can be shown. 9 pm and 5:30 am
  • Newton hearing -- a trial where a judge tries to ascertain which party is telling the truth.

For next week:

  • What is a §4.2 order?
  • What is a §11 order?
  • What is a §46 order of the Youth Justice and Criminal Evidence?
  • What is the spy catcher principle?
  • Look at the definition of public interested in the PCC editor code and Ofcom Code of Practice

Juries

  • Ban under §8 preventing soliciting, publishing or broadcasting the deliberations of a jury, even after a trial has finished.
  • Cannot ask a juror why they made their decision.
  • Anything said in a jury room remains under wraps.
  • Juries instructed to listen to the evidence as presented and not sleuth around the on Internet
  • Case of a juror talking to a defendant via Facebook
  • Got 8 months for contempt of court
  • Since Sept. 2010, judges can allow tweeting in court
  • Can tweet in court, but have to get permission of judge via judge's clerk
  • Must fairly and accurately report; viewed as a form of notation and with same contempt of court issues.
  • Open justice principle
  • Justice must be seen to be done, instead of simply being done.
  • R v.Felixstowe Justices (1987) -- decided press are the eyes of the public and needs to be present in court.
  • Scott v. Scott (1913) -- starting point of open justice
  • Divorce case, woman had disclosed what had went on in the private proceedings.
  • Press argued proceedings were not private. "Publicity is the very soul of justice."
  • In re S (a child) (2004)
  • Mother charged with murder of child via salt poisoning
  • Other child placed in care; application made on behalf to stop reporting of case.
  • Lord Bingham: "A criminal trial is a public event ... full contemporaneous reporting of criminal trials promotes..." public confidence in the courts system
  • Even though reporting may case embarrassment to parties, is secondary to courts remaining open. Natural consequence to trial process.

Reporting restrictions

  • §4(2) order
  • court may order publication of proceedings may be postponed to avoid a substantial risk of prejudice.
  • Staggered trial
  • R v Barot (2006) -- 4(2) should not be given out lightly.
  • §11 order
  • can prohibit naming witnesses where necessary
  • Blackmail; police informants
  • Unlike §4(2), doesn't end at close of proceedings
  • Doesn't happen very often
  • R v Croydon Crown Court (2007)
  • §46 order
  • vulnerable witnesses
  • Youth witnesses et al
  • Challenging Court Orders
  • Have to be challenged in the proper way
  • Excluding press from court
  • Cases involving national security, family court cases
  • The Spycatcher Principle
  • If there's an order against a single news organization, it applies to all. If you're aware of it, it applies to you.
  • Payments to witnesses
  • Will be dealt with via Ofcom and PCC codes.
  • Payment, if made (and must be in the public interest), must be reported to the prosecution.
  • Payments to criminals
  • Tony Martin
  • Shot burglar while defending house, eventually public outcry resulted in charge being lowered to manslaughter.
  • Daily Mail paid for interview, PCC sided with them because it was in public interest, would not speak without payment, newspaper put info in context
  • Revisiting crimes
  • Not allowed to glorify gangland killings, etc.
  • Sensitivity to those that survived.
  • Filming criminal behaviour
  • No encouraging people to, say, light up a joint
  • Don't give out "recipes" to commit crime.
  • CPS Protocol
  • Information is generally given out the day it's shown