GAPS IN KNOWLEDGE Flashcards
1
Q
What is open justice
A
allowing a public trial for pure, impartial and efficient administration of justice and to win public confidence
2
Q
What is custom
A
common law
3
Q
What is precedent
A
based on decisions in higher courts
4
Q
What is delegated legislation
A
statutory instruments, bylaws
5
Q
What is equity
A
(where there is a gap in law)- injunctions
6
Q
What are the three court sizes in order of size: smallest to biggest?
A
Magistrates, Crown & Supreme Court
7
Q
What is a summary offence
A
minor offence dealt at magistrates court
8
Q
What is an either way offence
A
can be tried at a magistrates or by jury at crown court
9
Q
What is an indictable only offence
A
one which can only be charged in front of a jury at crown court
10
Q
What is acquittal
A
when someone charged with a crime is found not guilty by the court
11
Q
What is beyond reasonable doubt
A
standard proof in criminal law
12
Q
What is contempt of court
A
something published that does a substantial risk of serious impediment or prejudice to legal proceedings
13
Q
What is counsel
A
legal representative
14
Q
What is defamation
A
material that is damaging to the reputation of an individual or to reputation of an organisation trading for profit
15
Q
What is indictment
A
list of charges read out in court
16
Q
What is an injunction
A
court order
17
Q
What is libel
A
defamatory statement made in permanent form (print, online, broadcast)
18
Q
What is mitigation
A
arguments made by barristers for a defendant whos been found guilty of a crime
19
Q
What is perjury
A
knowingly giving false evidence after taking an oath to tell the truth
20
Q
What is absolute privilege
A
‘contemporaneous’ reports of court cases published or broadcast by the media
21
Q
What is qualified privilege
A
‘non cotemporaneous’ reports of court cases, public and council meetings and police appeals published or broadcast by the media
22
Q
What is strict liability contempt
A
held for contempt regardless of your intent
23
Q
What is surety
A
the person who puts up bail
24
Q
What is tort
A
civil wrong which someone is seeking to be put right by the law
25
defamation act and year
The Defamation Act, 2013
26
What is slander
defamatory statement in spoken/ transient form
27
What causes material to be defamatory (x5)
- exposes a person to hatred, ridicule or contempt
- causes them to be shunned or avoided
- disparages a person in their trade or calling
- lowers a person's estimation of right thinking members
- (MUST) material is likely to cause serious harm
28
What is bane
something disresputable to a claimant in one part of the material
29
Who cannot sue for defamation
councils and governments
30
What must the claimant prove (DIPS)
Defamation, Identification, Publication & Serious Harm
31
What are the 7 defamation defences
- truth
- honest opinion
- privilege
- innocent dissemination
- leave & licence (consent)
- time limitation period
- claimant is dead
32
What is innocent dissemination defence
defence for those not directly responsible in publishing chain
33
contempt of court act and year
The Contempt of Court Act, 1981
34
What are examples of CoC (x5)
```
Publishing previous convictions
Info that may sway jury decision
info with detailed ID of accused
info in breach of court order
using a tape recorder in court
```
35
What is strict liabilty contempt
reporting on active cases (when an arrest warrant, summoned to appear in court, suspect arrested/ charged)
36
What is common ground
info unlikely to be disputed in court
37
When is case not active (x6)
```
person arrested released without charge
12 months passed since arrest warrant issued
charge or summons withdrawn
defendant unfit to stand trial or plead
defendant acquitted
defendant sentenced
```
38
What are the 3 defences to Contempt of Court
- Innocent publication defence(took all reasonable care & didn't know proceedings were active)
- Defence of fair and accurate contemporaneous reports
- Discussion of public affairs defence (discussion made in good faith and no reference is made to active proceedings)
39
6 examples of contempt of court
```
audio recordings at court
photos in court
contact with the jury
temporary ban on publication
tempory and permanent ban
lifetime anonymity for adult witnesses
```
40
What are IPSO Powers (x3)
can censure press
require them to publish a correction
can impose fines
(cannot prevent publication)
41
What does copyright law apply to (x3)
original literary
sound recording, films or broadcasts
typographical arrangements
(establishing copyright as soon as work is created)
42
Defences to breach of copyright
```
fair dealing
incidental inclusion
public interest
acquiescence (owner of copyright knows but doesn't complain)
innocent infringement
```
43
Who has automatic anonymity in juvenile courts (x3)
juvenile defendants, witnesses & victims involved
44
What is reporting restrictions are banned in juvenile court (x5)
```
name
address
school
photo/film
anything that can lead to identification
```
45
When can restrictions can be lifted in juvenile court (x3)
to avoid injustice
to trace a juvenile charged/ convicted with sexual or violent crime
where's it in public interest to do so
46
When is lifetime anonymity for juvenile witness & victims applied (x2)
person is in fear or distress about being identified
| court believes quality of juvenile's evidence will be dismissed if there's no anonymity
47
When are the jury at a coroner's inquest (x4)
death in custody/ state detention
death by police officer/ armed officer in duty
death caused by type of death that must be notified to gov. dept
other sufficient reason
48
How does the coroner's inquest work (x2)
First hearing: Held as soon as possible after the death, when inquest is opened & usually adjourned while coroner investigates
Second hearing: coroner questions witnesses, leads them through evidence, different questioning from criminal court & coroner can allow others to ask questions (not reporters)
49
How to challenge the court as a journalist (x3)
- approach the clerk; pass them a note for judge
- ask the clerk supplying notice of restriction in written form, explaining why & quoting case law
- get editor to fax or email a letter
50
what can courts impose on whoever
unlimited fines
51
penalty for breach of reporting restrictions (x2)
max £5000 fine
| and cost of collapsed trial
52
what is an indictable- only offence
most serious offence. Go from magistrates to crown court for jury trial
53
What is an either- way offence
dealt with by magistrates or crown court. can be transferred to crown court but defendant has right to choose jury trial
54
How does it tend to be and how long can detention it last
tends to be 24hrs but cannot exceed 96hrs
55
What types of sentences are there (x6)
```
imprisonment
fine
community sentence
mental health order
compensation and confiscation
binding over order
```
56
What is absolute discharge
decision by court that after conviction defendant shouldn't be punished for the offence
57
What is conditional discharge
Decision by court that convicted defendant shouldn't be punished unless they reoffend in a specific time period
58
What are consecutive sentences
two or more sentences run after the other. eg two years + one year= three years
59
What are concurrent sentences
defendant recieves two or more sentences of different offences. They serve the largest one
60
What is indictment
written statement of charges which is read to defendant in crown court at arraignment
61
What is arraignment
when charges are put to the defendant for them to plead guilty or not, in crown court prior to trial
62
What is the Juries Act (x5)
An offence to seek or disclose info about: statements made, opinions expressed, arguments made, vote cast by jury, votes cast by jury in course of it's deliberations
63
What is the rule of thumb regarding the jury
if the jury isn't present usually not allowed to report what is being said
64
MEDIA LAW How many public authorities does FOI act have access to
100,000
65
MEDIA LAW How many days does the FOI body have to respond
20 days
66
MEDIA LAW How much does it cost to use the FOI
Up to £450 is free any more is refused or charged
67
MEDIA LAW What gives information with quality of confidence (x4)
- Info people are prepared to pay for
- Must be confidential (not public property/ knowledge)
- Have a degree of importance
- Old information is not necessarily confidential
68
MEDIA LAW Examples of confidential info (x4)
- Trade secrets
- Business secrets
- Personal info
- Professional info
69
MEDIA LAW Defences to breach of confidence
- Info already in public domain
- Publication in the public interest
- Consent
70
MEDIA LAW IPSO's Powers (x4)
- Self-regulating body
- Can censure press and require them to publish a correction/ statement
- Cannot prevent publication
- Can impose fines
71
MEDIA LAW OFCOMS's Powers (x4)
- Can issue a forbid repeat broadcast of a programme/ correction/statement
- Can impose a fine
- Can shorten/ revoke a company's licence to broadcast
- Covers all UK broadcasters
72
MEDIA LAW Clauses covered by both codes (IPSO & OFCOM) (x8)
- Accuracy
- Impartiality
- Intrusion into grief or shock
- Recording phone calls
- Secret filming/ recording
- Door stepping
- Privacy
- Using pictures from social media
73
MEDIA LAW What do journalists have a moral obligation to
protect confidential sources of information
74
MEDIA LAW what are the 4 main legal provisions and year
Contempt of Court Act, 1981
Police & Criminal Evidence Act, 1984
Official Secrets Act, 1911
Terrorism Act, 2000
75
MEDIA LAW EDITOR'S CODE OF PRACTICE Privacy regarding photography
Unacceptable to photograph individuals, without their consent, in public or private places where there is a reasonable expectation of privacy.
76
MEDIA LAW EDITOR'S CODE OF PRACTICE Harassment regarding other sources
Editors must ensure these principles are observed by those working for them and take care not to use non-compliant material from other sources.
77
MEDIA LAW EDITOR'S CODE OF PRACTICE Children (x3)
All pupils should be free to complete their time at school without unnecessary intrusion.
ii) They must not be approached or photographed at school without permission of the school authorities.
iii) Children under 16 must not be interviewed or photographed on issues involving their own or another child’s welfare unless a custodial parent or similarly responsible adult consents.
78
MEDIA LAW EDITOR'S CODE OF PRACTICE Subterfuge
Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means.
79
MEDIA LAW EDITOR'S CODE OF PRACTICE Victims of sexual assault
The press must not identify or publish material likely to lead to the identification of a victim of sexual assault unless there is adequate justification and they are legally free to do so.
