Challenging And Obtaining Docs Part 2 Flashcards
Where does Appeals go to in each court?
Mags = High Court
Crown Court = Court of Appeal
Can legal fees apply to you? How do you send an appeal
Yes, can have costs awarded against you
Does take time and can only be made in writing
What is Section and Act that says that public and media allowed to sit in Open court
S121 of Magistrates Court Act 1980
What does it state in Children’s and Young Persons Act 1933
Public not permitted in juvenile courts but bone fide members of the media are
What does S25 of Youth Justice and Criminal Evidence Act say?
If court makes special measures to exclude public when vulnerable or intimidate witness is giving evidence court can exclude all but one journalist
What act gave courts discretionary power to make special measures to assist vulnerable or intimidated witnesss
Youth Justice and Criminal Evidence Act 1999
What do some of the special measures for vulnerable or intimidated witnesses include?
1) Excluding public and some reporters while they give evidence
2) Permitting witness to give evidence behind screen or via television link
3) Lawyers and judges taking off wigs and gowns
What can be definitions of vulnerable or intimidated witnesses?
1) witness under 17 at time of court hearing
2) Witness whose quality of evidence is likely to be diminished by reason of mental disorder
3) Complainants in sex offences
4) fear and distress linked to quality of evidence
What are Daily lists
Her Majestyes courts and tribunal service (HMCTS) publish daily lists of def due to appear in mags or crown (lists there DOB, address and details of charge)
What does rule 5.8 state about criminal cases in court?
When case due to be heard in court, court officer must provide, for no more than 5 business days, certain info displaying it somewhere prominent in the vicinity of the court room
Date, time place of hearing Identify of prosecutor Identify of court Alleged offence Any RR
What is Rule 5.8 (6)?
After case has taken place MOP and reporters can obtain from court
1) date of hearing Alleged offence and pleas entered Court decisions Whether case under appeal Outcome of trial Identity if everyone involved in trial Info on RR
How can you get material in relation to rule 5.8
When in court
Ring and mention rule 5.8
If case heard in last 6 months don’t need explanation for wanting material
If case older then need to have reason for wanting it
What does Criminal Practice Direction 1 of General Matters 5B state?
Journos should be able to access material of care in 5.8 (6) of Criminal Procedure Rules
Applications for other material should be made under rule 5.8 (7) - for example CCTV footage etc (media should explain reason for wanting
What is the Single Justice Procedure?
Introduced in 2015 SJP to save money and the streamline justice (avoid trials)
However the heating are conducted in private - not good for OJ or media reporting
Used in small low level offence cases and allows single mag or dis judge deal with it
More than half mags court cases dealt this way
What conditions must be met to have case by SJP?
Offence summary (not punishable by imprisonments)
Def over 18 at time
Def pleaded inline or by post or not responded to written charge or notice
Before hearing def hasn’t objected to SJP being used
Legal advisor present
Mag can decide if case dealt with in open court
What SJP offences normally like
Evasion of rail fares, Tv license, truancy cases etc
Why is it an erosion of open justice?
Not in open court so public no attend, can’t scrutinise case (ex celeb caught speeding)
When was rule 5.8 amended and why?
April 2020
Guardian News Media Case
What did new 5.8 rule mean
Journos now allowed to be supplied with copies of key documents in SJP cases
What is new rule of 5.8?
Accredited Journo applies for other info about SJP case, streamlined process
When is it allowed to get other info about SJP case?
If case on going or less than 6 months old
Journo no longer can linger, has to give reason for wanting the info
Should be provided ‘subject always to any judicial restrictions that exceptionally prohibit it’
What happens if defendant objects to rule 5.8?
Judge will have to decide whether to release the material
When should documents be provided?
One working day
May be a few
What must journos show to obtain 5.8
UK press card
What can journos recit if applications are refused?
A10
Case law Guardian News and Media
What case can help you remember change to rule 5.8?
Guardian News and Media Case
