NCTJ Court Reporting: Criminal Cases & Open Justice, Exams of Reporting and Production

Download NCTJ Court Reporting: Criminal Cases & Open Justice and more Exams Reporting and Production in PDF only on Docsity! NCTJ Court Reporting (NCTJ Court Reporting module, comprising legal definitions) 2024 Three types of criminal case Summary, either way and indictable-only Summary case A minor offence dealt within the Magistrates' Court. No right to a jury trial. Either-way Depending on severity, an offence that can be dealt with in either Magistrates' Court or Crown Court. Defendant can choose trial by Crown Court Indictable-only The most severe crimes. Processed at Magistrates' Court, but not dealt with there. Must be tried in the Crown Court, e.g. murder, manslaughter, rap etc. Theft Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it. (Theft Act 1968). Either-way. Taking a vehicle without consent (TWOC-ing) Covers conduct known as 'joy-riding' in which offenders abandon a car after using it. Does not involve intention to permanently deprive - so is not theft. Summary offence Handling Dishonestly receiving goods, knowing or believing them to be stolen, or dishonestly helping in the retention, removal or sale of such goods. Either-way. Burglary Entering a building as a trespasser and then: stealing or attempting to steal from its pr inflicting or attempting to inflict grievous bodily harm to anyone in it. Either-way generally, but can be indictable- only. Aggravated burglary Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive. Indictable- only. Robbery Theft by force or by threat of force (indictable only) Blackmail Making an unwarranted demand with menaces with a view to gain, e.g. a threat to disclose embarrassing secrets involving victim unless money is paid. Indictable only. Fraud General offences, defined as conduct 'with a view to gain or with intent to cause loss or expose to a risk of loss'. Statutory fraud offences are either-way but if deemed of sufficient severity, then indictable-only. Wasting police time An offence committed by someone who causes wasteful employment of the police by making a false report about an offence. Perverting the course of justice Concealing evidence or giving false information to police. Indictable only. Perjury Knowingly giving false evidence after taking an oath as a witness to tell the truth in court, or to a tribunal. Indictable only Murder The intentional killing of a human being with the intention of killing or causing grievous bodily harm. Manslaughter Killing by an unlawful act of killing likely to cause bodily harm but without the intention to kill or cause grievous bodily harm. Driving with excess alcohol When alcohol in the driver's body exceeds prescribed limits - 80 milligrams of alcohol in 100 milligrams of blood. Court bail Crown Court What is an indictment? Sheet of paper which details defendants charges What is the maximum a magistrates' court can sentence? 6 months for single crime; 12 months for more than one offence - only consecutively. When will a judge accept a majority verdict? If jury has been deliberating for two hours and 10 minutes What constitutes a majority in jury verdict? 11:1 or 10:2 Where are appeals on points of law heard? High Court Where are appeals from Crown Courts on convictions held? Court of Appeal What can the Court of Appeal order? Re-trial by jury/hear against severity of sentence imposed by Crown Court What is the process that decides where an either-way offence will be heard? Plea before venue What is the highest court of appeal? Supreme Court Under which act is it an offence to make photographs, film or sketches Criminal Justice Act 1925 Under which section of which act are magistrates required to sit in open court when conducting a trial, or considering/imposing a prison sentence Section 121 of the Magistrates Court Act What does Section 52A of Crime and Disorder Act do? In short, sets out what can be published in preliminary hearings (either way and indictable only) What is the aim of Section 52A? To prevent prejudice to an impending jury trial When does Section 52A apply AUTOMATICALLY to preliminary hearings on indictable only or either way cases (cases which have potential for jury trial). To what type of hearings does Section 52A apply? Please before venue, mode of trial, committal, sending for trial. Name six things that can be published under Section 52A Name of court Justices Names, ages, addresses of defendants and witnesses Offences defendant is charged with Decision of the court to commit for trial Any bail arrangements/whether legal aid was granted When does Section 52A not apply? When defendant applies to lift restrictions (rare), when magistrates decide there is insufficient evidence, guilty plea. What will papers routinely publish in preliminary hearings? Defendant has chosen a jury trial, courtroom scene, protestations of innocence (fairness to defendant), background material - although this can be argued not a report and cause SRSP. What isn't ok to report under Section 52A Previous convictions, even if act does not apply, still SRSP. Hearing could include details that could later prejudice a jury. Any evidence referenced in case Mention of witnesses Any other prejudicial material, such as bail refusals or that defendant is guilty of more crimes than alleged. Where else does Section 52A apply? Youth courts - in serious cases that could be sent to Crown Court, e.g. murder, manslaughter. What happens at an allocation hearing? For either way: Defendant will appear in magistrates' court. If they deny charges, hearing will be held to decide if they should be tried summarily or at Crown Court. When is a case generally considered to no longer be active? Once a verdict has been delivered Is there a risk of contempt during an appeal? Generally, no. Court of Appeal is heard by a judge so no risk. However, things change if there is a re- trial by jury - 'fade factor' What does Section 4(2) order do? Postpone of media reports of all or part of a case to avoid prejudice to later stages or other cases pending or imminent What is the purpose pf a Section 4(2) order? To avoid substantial risk of prejudice to that case or pending cases Why would a Section 4(2) order be used? To avoid substantial risk of prejudice to the administration of justice. What must a Section 4(2) order do to be valid? Must state how long it applies and only to avoid prejudice at a future hearing. What can a Section 4(2) order not be used for? To protect someone's welfare or safety, or be used in reference to events outside the courtroom. What did R v Sherwood (2001) say about Section 4(2) That unless risk of prejudice is demonstrated, no order should be made. What defence do journalists have under Section 4(2) COCA says person can't be found guilty of breach strict liability rule if report of a court hearing is: - Held in public - Fair and accurate - Published contemporaneously - In good faith What did R v Horsham Justices (1982) say about Section 4(2) What did R v Legal Aid Board say? That parties and witnesses in civil cases had to accept the embarrassment and damage to reputation and that protection was in the form of a public judgement refuting unfounded allegations. What does Section 46 of the YJCEA 1999 allow? Lifelong anonymity to adult witnesses What must the court be for Section 46 to be granted? Satisfied that quality of witnesses' evidence or level of cooperation is likely to be diminished by fear or distress in being identified. Who does Section 46 protect? Witness only. What does Section 46 prevent the publication of? Name, address, school/workplace, picture. What must the court consider before imposing Section 46 order? Whether it would be in interests of justice to make the order and in the public interest to impose a substantial restriction on reporting the proceedings What are the differences between Section 46 YJCEA and Section 11 of COCA? Section 46 - only fear and distress/witness only Section 11 - real and immediate risk with evidence/witness and defendant. What challenges can be made to Section 46 orders? That there must be fear and distress - not embarrassment No reason to believe quality of evidence would be diminished If identity of witness is already known to defendant Only for witnesses Professional witness should be hardy enough to give evidence What happened in Kingston Crown Court 2007 Section 46 order was lifted after journalists pointed out defendants in a trial involving robbery trial knew the witnesses. What does Section 20D of the Juries Act 1974 do? Ensures confidential of jury deliberations. by making it a criminal offence to disclose or obtain information about: Statements made, opinions expressed or arguments advanced by members of a jury in the course of their deliberations. What risks can be associated with both Section 46 and Section 11 Jigsaw identification What does Section 49 of the Children and Young Person's Act 1933 do? Grants automatic anonymity to a juvenile concerned in proceedings at a youth court case Who does Section 49 apply to? Juvenile defendants, juvenile witnesses and alleged victims who are juveniles. What can't be published under Section 49? Name, address, school/workplace, pictures or anything else leading to identification. What can the Crime Sentences Act (1997) do? Allow Section 49 to be lifted in the public interest. Why might Section 49 be lifted? To avoid injustice (persuade other witnesses to come forward) or if a juvenile is unlawfully at large (absconded). Why else might Section 49 be lifted? Home Office Circular (1998) says if offending was persistent or that if alerting people to their behaviour would help prevent further offending. What does Section 45 of the Youth Justice and Criminal Evidence Act do? Prevents identification of victims, witnesses or defendants under 18 who are concerned in proceedings in adult courts. What is the difference between Section 45 and Section 49 Section 45 is discretionary and applies to adult courts Section 49 is automatic and applies to youth courts What is the purpose of Section 45? To protect the welfare of the child. What can't be published under Section 45? Name, address, school/workplace, pictures and anything else that may lead to identification. For how long does Section 45 apply? Until the child turns 18. In what cases can Section 45 be lifted? If there is 'good reason' for naming the defendant, such as providing a powerful deterrent or the public interest in identification (e.g. public needs satisfaction knowing offenders were brought to justice). What arguments might be used to lift a Section 45? That the community has a right to know from fully reporting what happened in a case of serious crime, and therefore it is in the public interest to remove the anonymity. Identifying the anonymous defendant will have a deterrent effect on others considering committing crime. What does Section 45A of the YJCEA do? Can give lifelong anonymity to adult victims and witnesses (not defendant) if quality of witnesses' evidence/level of cooperation is likely to be diminished because of their fear or distress. In what cases can a Section 45A be made? If the juvenile was aged under 18 when proceedings began and is satisfied that the juvenile is in fear or distress What is the difference between Section 45 and Section 45A Section 45 - made for juveniles concerned in proceedings Section 45A - cannot be made for defendant What other way can a Section 45A be removed? The person protected, once 18, can give written consent for the media to identify him/her in reports of the case. Under what grounds can a Section 45A be challenged? That is imposes a substantial restriction on the report of the case/that it would be in the public interest to remove or relax that restriction. What does Section 47 of the Child and Young Persons Act 1933 say? That common law rarely justified departing from open justice and that it should only be deviated from it the principle would damage another public interest. What does Rule 5.8 of the Criminal Procedure Rule allow journalists to access? Information surrounding an ongoing criminal case. What details should be supplied to journalists under Rule 5.8 of the Criminal Procedure Rule? Each alleged offence; any plea entered; Court's decision including about bail; whether a case is under appeal; outcome of any trial or appeal; identities of judge, prosecutor etc. What else can be supplied to journalists under the Criminal Procedure Rule? Opening notes, written submissions, used by counsel in criminal courts which can be reported contemporaneously. What are three common law exceptions to open justice Vulnerable witnesses in sex cases, national security, people with mental incapacity. How can a journalist challenge a court order? Approach the clerk/legal advisor by asking the usher to pass the clerk a note. What does Section 25 of the YJEA 1999 establish? Special measures to exclude public and some journalists if reason to believe witness may be intimidated by someone other than the defendant if testifying in a sexual offence case. What can media organisations do if a challenge to a court order fails? In Magistrates: Apply to the Queen's Bench Division for judicial review, or Court of Appeal if in Crown. What should you quote when challenging a decision made by a court in relation to reporting restrictions? Article 10 of the ECHR and the societal benefits of open justice in any challenge Name five social benefits of open justice Promotes public confidence Enables society to judge the quality of justice administered Allows the public to scrutinise judicial processes Puts pressure on witnesses to tell truth Publicity about criminal trials can be a deterrent Where are inquests held? In coroners courts. What is the purpose of an inquest? To investigate violent/unnatural/sudden deaths in custody What is the difference between an inquest and criminal trial? Inquest is inquisitorial as opposed to accusatorial. Also subject to strict rules in the interests of justice. What are inquests regulated by? Coroners Rules 1984 What must inquests be? Held in public. Can only be held in camera in the interests of national security. What are inquests covered by? Absolute privilege What is the function of an inquest To establish who the deceased was, how where and when they did as well as establish particulars. How many jurors are on an inquest jury 7-11 Can coroners impose reporting restrictions? Yes - to give witnesses and children anonymity. What reporting restrictions can apply during inquests? Section 39 Children and Young Person's Act. Hearings are subject to COCA 1981 - proceedings active when case is formally opened. In what cases might a jury be involved in an inquest? If the senior coroner has reason to suspect the death involved custody or state detention and cause of death is unknown, or the death was caused by a type of accident, poisoning or disease. What must be considered during inquests involving suicide Clause 5 of IPSO What should not be published at a suicide inquest? Excessive detail about suicide methods. Why shouldn't you publish methods of suicide at an inquest? To avoid coverage containing a level of detail that would make it easier for other to attempt to take their own lives by imitating the methods reported. What is ethical to report during a suicide inquest? The method in general terms, e.g. hanging, overdose of tablets. What isn't ethical to report during a suicide inquest? The specific type, or name of tablets nor the steps taken by the person to administer the poison. What shouldn't be included in a report from a suicide inquest? Should not state 'suicide' in the headline or refer to an area as being a location where suicides take place. Should not include content from suicide notes, or similar messages left by a person who has died. Can the findings of an inquest (suicide) be appealed? No direct route of appeal, but aggrieved party can apply to High Court for judicial review. What is treasure defined as? Any gold or silver objects, or coins, more than 300 years old, which were deliberately hidden. What is the function of a treasure inquest? To determine if finds should be classed as treasure, in which case, such things can, by law, be acquired by a museum. What does the Treasure Act (1996) say? Any treasure found in England and Wales belongs to the Crown. What is the honest opinion defence? A defence relevant to comment about court cases or inquiries. E.g. Criticism of judges, magistrates, coroners. What must a complainant prove then suing for defamation? That the complained-of publication identifies him/her, and has caused or is likely to cause 'serious harm' to reputation. What are the three requirements of the honest opinion defence?