basic knowledge Flashcards
What are the three sources of UK law
common, statute and case law
What is Criminal Law
branch of law, which concerns offences against the whole community. Crimes only relate to criminal law or offences.- Case brought by crown prosecution. Standard of proof is beyond any reasonable doubt.
What is Civil Law
branch of law, which concerns disputes between individuals (or companies). - In civil law nothing is a crime. Standard of proof “on the balance of probabilities”. ^ lower standard of proof. Action in civil court is not a prosecution!
What is common law
Rulings made by judges
give an example of common law offences
- Murder
- Manslaughter
- False imprisonment
- Kidnapping
- Breach of prison
- Escaping from lawful custody without force
Who are the Judiciary
The Judiciary is made up of judges, magistrates, tribunal members, and coroners.
Together, they uphold the rule of law
How does a criminal case develop
- Crime committed
- Crime detected by police
- Suspect identified
- Suspect arrested (restrictions on journalists now in place)
- Police present evidence to crown prosecution service
- CPS decide whether case should go to trial and what the charges should be
- If case goes ahead then…
- Accused goes to Magistrates’ Court for trial
- Or Crown Court if offence is serious enough
- If guilty, then sentence imposed
- If sentence is prison, then convict is handed over to her Majesty’s Prison Service
- When prison phase of sentence ends then prisoner put into care of national probation service
who is the CPS
Crown Prosecution Service, who determine if there is sufficient evidence for a realistic prospect of conviction
what are solicitors
Salaried employees or partners in a law practice, who specialize in various aspects of civil and criminal law and provide legal advice
what are barristers
Mostly self-employed, advocates- represent people in court. They have access to all levels off court and can act for the prosecution or defence
what is the burden of proof in a civil case
In civil cases, the burden of proof is on the claimant, and the standard required of them is that they prove the case against the defendant “on a balance of probabilities”.
what is the burden of proof in a criminal case
In criminal cases, the burden of proof is on the prosecution, and the standard required of them is that they prove the case against the defendant “beyond reasonable doubt”.
What is a summary offence
Minor offences e.g., minor assault cases, disorder, driving offences, animal cruelty
what is an either way offence
More serious offences like theft, burglary, more serious assaults, actual bodily harm, wounding (not with intent)
what is an Indictable-only offence
murder, manslaughter, rape, robbery
what is an indictable offence
serious crime that warrants a trial by jury.
what is the Contempt of Court Act 1981 s8
“It is a contempt of court to obtain, disclose or solicit any particulars of statements made, opinions expressed, arguments advanced or voted cast by members of a jury in the course of their deliberations in any legal proceedings”
what type of offences does the Crown court deal with
Indictable only offences, sometimes either way offences
what type of offences does the magistrates court deal with
summary offences
What is the mode of trial hearing
A hearing which occurs if a summary offence is too serious for them to deal with and if sentencing powers are sufficient should guilty plea be entered
What is open justice
the ability to report on judicial proceedings. The media play a vital role in representing the public and reflecting public interest.
What is absolute privilege in court proceedings
the ability to report on anything said in court, as long as reporting is fair, accurate and contemporaneous. (if this is a Crown Court trail has in the presence of a jury (Crown Court trial)
(Without being sued for libel… or subject to any other legal proceedings)
What is section 4 Contempt of Court Act 1981
subject to this section a person is not guilty of contempt of court under the strict liability rules in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith.
You are in contempt of court when
When you publish or broadcast material that creates a substantial risk of serious prejudice to active proceedings, regardless of intent.
what are some examples of contempt of court, anything with a substantial risk of serious prejudice
- Anything which might influence a potential juror. Examples…
- Reporting previous convictions of accused
- Reporting anything which is to be heard in evidence
- Reporting anything implying the guilt of the accused
- Reports that suggest someone is of a bad character
- A trial would decide whether what you broadcast met this definition
what is section 1 Contempt of Court Act 1981
- ‘[actions] tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so” (strict liability rule)
What is an active proceeding
Proceedings become active,
- When a warrant for arrest is issued, when a summons is issued, when a person is charged orally with a crime and when a document specifying the charge is served on the accused
When does a proceeding cease to be active
Criminal proceedings are concluded upon, person released without charge, acquittal, sentenced, potential appeal. (release under investigation means the case is still active)
What are some automatic reporting restrictions
Committal proceedings (‘sending to trial’) in Magistrates’ Courts… to ensure any subsequent jury trial is fair, Victims of sexual offences may not be named, Youth Court proceedings (Under 18s may not be named)
It is contempt to break these reporting restrictions
What is the S52A Crime and Disorder Act 1998 (What you can report)
- Name of the court and names of the Magistrates
- Names, addresses and occupations of the accused
- ‘Relevant business information’ (In serious fraud cases)
- Names of counsel and solicitors in the proceedings
- Offences with which the accused is charged, or summary of them
- Bail arrangements, including conditions of bail, but not any reasons for opposing or refusing it
- Whether legal aid was granted
- If proceedings are adjourned, the date and place to which they are adjourned
how are victims of sexual assault protected
- Sexual offences (Amendment) Act 1992
- Automatic reporting restrictions
- Victims of sexual offences are given lifetime anonymity
- Ban on reporting any matter likely to identify the victim of a sexual offence
- E.g., Rape, indecent assault, indecency towards children
- Defendant may be named
- A complainant (over 15) may waive anonymity by given written consent to being identified
how are children and young people protected
- Age of ‘Criminal responsibility’ is ten years old
- ‘Juveniles’ are under the age of 18
- Youth Court: automatic reporting restrictions
- Other criminals: Discretionary reporting restrictions
- Reporter has responsibility to check what restrictions apply
- Always get the boss to ‘legal’ your work
how are juveniles protected in the high court proceedings
- Discretionary order may be made to protect identity of juveniles ‘concerned in proceedings’ i.e. victims, witnesses, defendant
- In practice it is automatic
- S.45 Youth Justice and Criminal Evidence Act 1999 (S45 YJCEA)
- Judge makes a ‘section 45’ order before trial/hearing
- This order will be made known to the media on notice boards, on the press bench, by the judge, by the clerk
- Media can apply for order to be lifted
how are juveniles protected in youth court proceedings
- Automatic restriction
- Section 49, Children and Young Persons Act 1933 (S49 CYPA)
- A youth court deals with cases like theft and burglary, anti-social behaviour, drugs offences
- You may not publish… The name, address or school or any other matter that is likely to identify a person under 18
- … victim, witness or defendant
- Automatic reporting restrictions only lifted in certain circumstances
What happens when juvenile reaches the age of 18?
- S49 CYPA: Youth court, automatic anonymity expires at the age of 18
- S45 YJCEA: adult courts, (e.g., Mags/Crowns) anonymity conferred by s45 order expires at the age of 18 but beware, an adult court may grant a s45A order to grant lifetime anonymity to juveniles who are victims or witnesses.
what is jigsaw identification, give an example
- This happens when “the identity of a person protected by a reporting restriction order [is] inadvertently disclosed as a result of different media reports, none of which breach the terms of any order… which taken together enable the protected person to be identified.”
- it is common practice to name the accused, but never any details of relationship to victim (check with other journalists)
What is the S4(2) Contempt of Court Act 1981
- Order under s4(2) means reporting has been postponed
- Not cancelled!
- Often made where there is a series of interlinked trials
- Must wait until final trial concludes before proceedings may be reported
what is S8 of the Contempt of Court Act 1981
it is contempt of court to obtain, disclose or solicit any details of statements made, opinions expressed, arguments advanced, or votes cast by members of a jury in their course of their deliberations in any legal proceedings
what is libel
- A form of defamation
- A false statement which defames an individual…damages their reputation
- …Or small and identifiable group of people
- Libel is a defamation in permanent form e.g., published (broadcast)
- Complainant must be alive… estate of dead person cannot sue
- Not to be confused with slander…
- …which is defamation in transient form e.g., spoken form (whispered)
what is defamation in civil law
- Defamation is a ‘common law’ concept in civil law
- Libel is a form of defamation
- Statute law e.g., defamation acts of 2013 and 1996
what is the Burden of proof in Libel
- Complainant(s) allege defamatory material refers to him/her/them
- Judge rules whether material has a “defamatory meaning”
- Whether material was published to a third party
- Whether material has caused serious harm to reputation
- Preliminary proceedings can take a long time…
- Burden then on respondent, who must prove what they said was true…
- Or have another defence to libel
- …and it’s an expensive business!
^ litigant, if you don’t have enough money
Working pro bono – working for free
what are the Main defences to Libel
- Truth
- Privilege (Absolute and Qualified)
- Honest opinion
- Publication in the Public interest
- Innocent dissemination (or “live broadcast”)
- …plus others
what is the defence of truth for libel
- “It is a defence…for the defendant to show that the imputation conveyed by the statement complained of is substantially true”
- “If one or more of the imputations is not shown to be substantially true, the defence under this section does not fail if, having regard to the imputations which are shown to be substantially true, the imputations which are not shown to be substantially true do not seriously harm the claimant’s reputation.”
- Nowadays this law is saying how only the imputations which might harm the clients’ reputation must be proven to be substantially (on the balance of probabilities) true. Up to judge to decide which imputations might cause serious harm and which might not.
what is the defence of privilege for libel
- Protects fair and accurate reporting of words spoken on a privileged occasion
- ‘Absolute privilege’ - Reports of proceedings in Courts of law and tribunals + Hansard (Record of proceedings in Parliament)
- ‘Qualified privilege’ (s1 Defamation Act 1996, amended by 2013 Act). Examples of privileged occasions…
Absolute privilege
- S14 Defamation Act 1996
- (1) A fair and accurate report of proceedings in public before a court to which this section applies, if published contemporaneously with the proceedings, is absolutely privileged.
- (2) A report of proceedings which by an order of the court, or as a consequence of any statutory provision, is required to be postponed shall be treated as published contemporaneously if it is published as soon as practicable after publication is permitted.
Reporting, without being faced with Libel.
Qualified privilege
- S15 Defamation Act 1996
- ‘The publication of any report or other statement mentioned in Schedule 1 to this Act is privileged unless the publication is shown to be made with malice
give 3 examples of qualified privilege
- A fair and accurate report of proceedings in public before a court anywhere in the world.
- A fair and accurate report of proceedings in public anywhere in the world of an international organisation or an international conference.
- A notice or advertisement published by or on the authority of a court, or of a judge of officer of a court, anywhere in the world.
when would you not have defence in a libel case
If you don’t give someone a right to reply, where required by law, you will have no defence in a libel case
what is the Defence of ‘Honest opinion’ s3 2013 Act
- It is a defence to an action for defamation for the defendant to show that…
- 1: The statement complained of was a statement of opinion. (People often make statements of opinion sound like facts, popular on social media, will not have defence)
- 2: The statement complained of indicated, whether in general or specific terms, the basis of the opinion. (can’t just come out of nowhere)
What is the Defence of publication in the public interest (s4 2013 Act)
- The statement complained of was, or formed part of, a statement on a matter of public interest, and
- They [the publisher] reasonably believed that publishing the statement complained of was in the public interest.
- ‘If…accurate and impartial account of a dispute to which the claimant was a party, the court must…. disregard any omission of the defendant to take steps to verify the truth of the imputation’ (if you are reporting on 2 individuals in a balanced way, you don’t have to prove anything, you just report)
- But editors still have to establish reporting is balanced and neutral (Can’t destroy someone’s reputation)
- First case law under this Economou v de Freitas (2016)
what is the Defence of ‘innocent dissemination’
- 1996 Act
- Covers comments made in live broadcast
- E.g., Phone ins, internet chat rooms
- Broadcaster must prove they had no reason to suspect a contributor might make a defamatory comment and…
- That they took all reasonable care to avoid a defamatory comment being made
- Broadcaster must establish what contributors wish to say before broadcast
- Should avoid contributors with a history of making defamatory comments
- They should also brief contributors about what they may, or may not, say on occasions where there is a heightened risk of defamatory statements being made
What is privileged publication
- ‘Privileged publication’ (s6 2013 Act)
- Statement is of a scientific or academic nature
- Made without malice
- published in an academic journal
- Peer reviewed by journal editor and one or more persons with ‘expertise’ in subject area
- Defence also covers publication of extract of the privileged publication or fair and accurate summary of same
what are some other defences
- ‘Accord and satisfaction’ (apology already made and that apology was accepted by the complainant)
- ‘Leave and Licence’ (complainant previously agreed for material to be published)
What is Fair dealing
- Allows for limited portion of work to be used without permission, in the public interest or in other circumstances
- … but must not be used for unfair commercial advantage
- S30 1998 Act
- E.g., for the purpose of reporting current events’
- S30 (2) ‘Fair dealing with a work (other than a photograph) for the purpose of reporting current events that does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgment.’
- photography is not covered by fair dealing and you must ask for permission from owner to use. BUT ‘creative commons’ licence images can be used if ‘not for profit’ e.g., in educational projects
What is Ofcom
communications regulator in the UK, considers complaints and license radio, tv etc.
how is print journalism regulated
IPSO, Impress
What are Key standards for Broadcast journalists
- Accuracy
- Balance and impartiality
- Fairness
- Protecting the under 18’s
- “Harm and offence”
- Crime reporting
- Protection of Privacy
What is a Breach of the OFCOM code
- Complaints
- OFCOM decide which to investigate fully
- BBC – Complaints must go through full BBC internal complaints procedure before being referred to OFCOM
- Hearing panel
- Sanctions committee
what is Ofcom’s code for accuracy
- 5.1 News, in whatever form, must be reported with due accuracy and presented with due impartiality.
- 5.2 significant mistakes in news should normally be acknowledged and corrected on air
what is Ofcom’s code for balance and Impartiality
Due impartiality on matters of political or industrial controversy and matters relating to current public policy must be preserved on the part of any person providing a service (listed above). This may be achieved within a programme or over a series of programmes taken as a whole.’
- ‘This means more than one programme in the same service, editorially linked, dealing with the same or related issues within an appropriate period and aimed at a like audience.
- ‘A series can include, for example, a strand, or two programmes (such as a drama and a debate about the drama) or a ‘cluster’ or ‘season’ of programmes on the same subject.’
what is Ofcom’s code for fairness
.3 [we should tell contributor] the nature and purpose of the programme
- Why they were asked to contribute
- When (if known) and where it is likely to be first broadcast
- If live, pre-recorded, edited, unedited etc
- The areas of questioning and, wherever possible, the nature of other likely contributions
- 7.4 if a contributor is under sixteen, consent should normally be obtained from a parent or guardian, or other person of eighteen or over in loco parentis. (loco parentis means in place of parents)
How can something be warranted in the public’s interest
Warranted
- Revealing or detecting crime
- Protecting public health and safety
- Exposing misleading claims made by individuals or organisations
- Disclosing incompetence that affects the public
How does OFCOM’s protect under 18s
OFCOM Code section 1 Protecting the under 18s
- ‘1.1 material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.
- 1.3 Children must also be protected by appropriate scheduling from material that is unsuitable for them’
what topics require special attention while broadcasting
1) Drugs
- 1.10 The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the misuse of alcohol: must not be featured in programmes made primarily for children unless there is a strong editorial justification;…and in any case must not be condoned, encouraged or glamorised
2) Violence
- 1.12 Violence, whether verbal or physical, that is easily imitable by children in a manner that is harmful [and] dangerous behaviour (1.13) must not be featured in programmes made primarily for children unless there is a strong editorial justification
3) Violence dangerous behaviour and suicide
- 2.4 Programmes must not include material (whether in individual programmes or in programmes taken together) which, taking into account the context, condones or glamorises violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour.
- 2.5 Methods of suicide and self-harm must not be included in programmes except where they are editorially justified and are also justified by the context.
4) Portrayals of crime/criminal proceedings
- 3.4 Descriptions or demonstrations of criminal techniques which contain essential details which could enable to commission of crime must not be broadcast unless editorially justified.
- 3.5 No payment…may be made to convicted or confessed criminals…relating to his/her crime/s. The only exception is where it is in the public interest.
- 3.6 While criminal proceedings are active, no payment or promise of payment may be made…to any witness or any person who may reasonably be expected to be called a witness.
- 3.7 Where criminal proceedings are likely…payments should not be payments should not be made to people who might reasonable be expected to be witnesses…unless there is a clear public interest
5) Exorcism, the occult and the paranormal
- 2.6 Demonstration of exorcism, the occult, the paranormal, divination, or practices related to any of these is for entertainment purposed, this must be made clear to viewers and listeners.
6) Hypnotic and other techniques
- 2.9 When broadcasting material featuring demonstrations of hypnotic techniques, broadcasters must exercise a proper degree of responsibility in order to prevent hypnosis and/or adverse reactions in viewers and listeners.
- The Hypnotist must not broadcast his/her full verbal routine or be shown performing straight to camera.
How are children protected from harmful content
- Section OFCOM, states that 1.14 The most offensive language must not be broadcast…when children are particularly likely to be listening”
- Watershed, from 2100 to 0520, children are not expected to be watching. section 1.16 states that Offensive language must not be broadcast before the watershed (in the case of television), or when children are particularly likely to be listening (in the case of radio), unless it is justified by the context. In any event, frequent use of such language must be avoided before the watershed.
what does justified by the context mean
Justified by the context”
- Context includes but is not limited to:
- The editorial content of the programme, programmes or series;
- The service on which the material is broadcast;
- The time of the broadcast;
- What other programmes are scheduled before and after the programme or programmes concerned;
- The degree of harm or offence likely to be caused by the inclusion of a particular description;
- The likely size and composition of the potential audience and likely expectation of the audience;
- The extent to which the nature of the content can be brought to the attention of the potential audience for example by giving information; and
- The effect of the material on viewers or listeners who may come across it unawares.
What is murder
The unlawful killing of a human being with the intention of killing or causing grievous bodily harm. An adult convicted of murder must be sentenced to life imprisonment. Indictable-only.
What is manslaughter
Killing by an unlawful act likely to cause bodily harm but without the intention to kill or cause grievous bodily harm. Manslaughter can be a charge in its own right. A jury in a murder trial might in some circumstances find the defendant not guilty of murder but convict him/her of manslaughter as an alternative. Indictable-only.
What is corporate manslaughter
An organisation such as a company, a police force or a Government department can be convicted of this offence if the way in which its activities
chs. 20 and 21 explain defamation
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were managed or organised caused someone’s death and amounted to a gross breach of a duty of care the organisation owed to the deceased. Indictable-only.
What is infanticide
The killing of an infant under 12 months old by its mother, when her mind is disturbed as a result of the birth. Indictable-only.
What is assault; common assault; battery; assault by beating
The way these offences evolved in case law led their definitions to overlap. These charges are likely to be used in cases in which no, or only transient or trifling, bodily injury is allegedly caused. ‘Assault’ and ‘common assault’ can mean an unlawful infliction of force/violence, or a hostile act—for example, a threatening gesture—which puts another person in fear of immediate violence. Journalists should not assume that an assault charge necessarily alleges that a physical attack occurred. Either type of act must be proved as intentional or reckless. A push can be a common assault. Battery can also be expressed as a charge of ‘assault by beating’. They are summary charges, unless the assault is alleged to have been aggravated by hostility towards the alleged victim’s race or religion, when they are either-way. There is also an either-way charge of assaulting an emergency worker during their work.
What is assault occasioning actual bodily harm (ABH)
An assault—that is, a threat and/or attack, see earlier—which caused more than transient and trifling harm. The harm could be psychiatric illness. Either-way.
What is wounding or inflicting grievous body harm (GBH)
These charges are in section 20 of the Offences against the Person Act 1861. It must be proved that the defendant intended or foresaw causing some harm and—depending on which charge the prosecution sees as accurately describing the injury—that the harm caused was a wound or grievous (that is, serious) harm which was not, or not only, a wound. Either charge, in full form, includes the term ‘malicious’—for example, ‘malicious wounding’. A ‘wound’ is the slicing through or breaking of skin and can be a mere cut. But a wounding charge tends to be used only if the wound is serious. A GBH charge tends to be used, for example, if the harm includes broken bone, or led to substantial loss of blood and/or extended medical treatment and/or permanent disfigurement and/or permanent disability. These charges are either-way.
what is wounding ‘with intent’/inflicting grievous body harm ‘with intent
Under section 18 of the 1861 Act, the wounding or GBH is deemed to have been ‘with intent’ if there is intent to cause GBH or to resist ‘lawful apprehension’. Such a charge is indictable-only. It carries a maximum penalty of life imprisonment
What is rape
Indictable-only
What is theft
Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it (Theft Act 1968). Either-way. The act of theft is stealing. Do not refer to this offence as robbery.
What is robbery
Theft by force (that is, violence), or by threat of force. Indictable-only.
What is handling
Dishonestly receiving goods, knowing or believing them to be stolen, or
dishonestly helping in the retention, removal, disposal or sale of such goods. Either-way.
what is burglary
Entering a building as a trespasser and then
* stealing or attempting to steal from it; or
* inflicting or attempting to inflict grievous bodily harm to anyone in it; or
* making trespassing entry to a building with:
– intent to steal; or
– intent to inflict GBH; or
– intent to do unlawful damage.
Generally, burglary is an either-way charge, but in some circumstances it is indictable-only.
What is aggravated burglary
Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive. Indictable-only
What is fraud
Under the Fraud Act 2006, there are now general offences of fraud, defined as conduct ‘with a view to gain or with intent to cause loss or expose to a risk of loss’ involving either:
What is blackmail
Making an unwarranted demand with menaces with a view to gain. This offence could be a threat to disclose embarrassing secrets or photos involving the victim unless money is paid, or another type of extortion such as a threat to contaminate goods on a supermarket company’s shelves unless money is paid. Indictable-only.
What is taking a vehicle without authority
Sometimes referred to as ‘taking without owner’s consent’ (TWOC). It can cover conduct known as ‘twocking’ or ‘joy-riding’ in which offenders abandon a car after using it. This offence does not involve an intention to deprive the owner permanently of the vehicle and so should not be described as theft. Summary.
What is aggravated vehicle taking
When a vehicle has been taken (as above) and someone is injured, or the vehicle or other property is damaged because of how it was driven. Either- way.
What is driving under the influence of drink or drugs
Driving a motor vehicle when the ability to do so is thus impaired. Summary.
What is driving with excess alcohol
When alcohol in the driver’s body exceeds the prescribed limits —80 milligrammes of alcohol in 100 millilitres of blood; 35 microgrammes of alcohol in 100 millilitres of breath; or 107 milligrammes of alcohol in 100 millilitres of urine. Summary.
What is causing death by careless driving when under the influence of drink or drugs
The driver is unfit to drive as a result of drink or drugs, or has consumed excess alcohol or failed to provide a specimen. Indictable-only.
What is perjury
Knowingly giving false evidence after taking an oath as a witness to tell the truth in court (including in a tribunal which a court), or in an affidavit. Indictable-only.
What is perverting the course of justice
Concealing evidence or giving false information to police. Indictable-only.
What is wasting police time
A lesser offence, committed by a person knowingly making a false report that a crime has been committed or falsely claiming to have information material to an investigation.
