English Legal System

Question 1

What do laws do?

Answer 1

• Protect citizens
• Controls dealings between citizens
• Underpins social mores
• Brings order to society
• Apply the same standards to all
• Says what you can’t do not what you should do

Question 2

What are ethics?

Answer 2

• Moral principles that govern a person’s behaviour or the conducting of an activity
• Doesn’t necessarily provide the right to answer to a moral problem
• Can provide general principles for hot to believe

Question 3

Describe ethics for journalists

Answer 3

• Provides rules or guidelines not covered by law
• Behaving responsibly
• Protecting confidential sources

Question 4

What are the main sources of media law?

Answer 4

• Statute and acts of Parliament

- Common Law- custom- precedents- interpretation of statute

Question 5

What is criminal law?

Answer 5

• A wrong against society resulting in persecution
• Dealt with in a magistrates and crown courts
• Crown V Defendants

Question 6

What is civil law?

Answer 6

• A dispute between 2 individuals or parties
• Dealt with in mostly county courts
• Claimant v Defendant

Question 7

Name a crime that doesn’t require intent

Answer 7

Contempt of court

Question 8

Describe the court structure in the UK for criminal cases

Answer 8

Magistrates-> Crown-> Court of Appeal-> Supreme Court

Question 9

Describe civil cases

Answer 9

• Consumer issues, family law, divorces, housing repo
• Some incidents can lead to both criminal and civil actions e.g road accidents- motoring offence (criminal) and personal injury (civil)

Question 10

Describe the court structure in the UK for civil cases

Answer 10

County courts-> High court of justice-> Court of appeal-> Supreme Court

Question 11

What are the appeal routes in criminal cases?

Answer 11

• High Court appeal from Mags and Crown on “points of law”
• Court of Appeal- hears appeal against Crown convictions
• Crown hears appeal against Mags convictions and sentences
• Court of Appeal challenged can be heard in Supreme

Question 12

Name the types of criminal offences

Answer 12

Minor offences
Either way offences
Indictable offences

Question 13

Name a minor offence and where it’s disposed

Answer 13

Speeding

Mags

Question 14

Name an either way offence and where it’d be disposed

Answer 14

Theft or burglary

Disposed in Mags or Crown

Question 15

Name an indictable offence and where it’d be disposed

Answer 15

Murder or rape

Disposed in Crown

Question 16

What are the three types of judges?

Answer 16

High court
Circuit
Recorders

Question 17

How would you refer to each type of judge?

Answer 17

High court- Mr/s Justice (surname)
Circuit judge- Judge (both names)
Recorders- Mr/s (both names)

Question 18

Describe Magistrates

Answer 18

• All criminal cases starts here
• 95% of cases disposed here
• Presided over by magistrates or district judges
• Defendant usually rep by solicitor
• No juries
• Max penalty- 6 months

Question 19

Describe Crown Courts

Answer 19

• Presided over by judges
• Try indictable and either offences sent by magistrates
• Guilt or innocence decided by jury
• Sentence defendants found guilty by magistrates
• Hears appeals from magistrates

Question 20

What are juries?

Answer 20

• 12 people between 18-70
• Judges in fact based on evidence only before them in court
• Serving jurors must be anonymous- can be named after
• Must be satisfied “beyond all reasonable doubt” that a defendant is guilty
• Deliberations are secret
• What happens in the jury room stays there

Question 21

What is the Juries Act 1974?

Answer 21

• Contempt to obtain, seek, solicit or disclose/publish any details of statements made
• Including opinions expressed or arguments put forward
• In the course a jury considering it’s verdict

Question 22

What are the rules on pictures?

Answer 22

• Pictures or moving images can’t be taken in court “precincts”- Criminal Justice Act 1925
• Also an offence to publish those pics
• Can’ take picture of the court building or someone entering or leaving the building
• Sketches are allowed but have to be done from memory

Question 23

Describe remote hearings

Answer 23

• 85A of the Court Act 2003
• Non jury trials only
• Can be live-streamed to a room in the courthouse, for the public and/or journalists to view and/or listen to the proceedings

Question 24

Describe Section 9 of the Contempt of Court Act

Answer 24

• Forbids the audio recording of a court case- without permissions
• And the broadcasting of the recordings
• Live blogging and tweeting is allowed