Intro

Question 1

What main law do you need to remember in terms of media law l?

Answer 1

The human rights act 1998
- this placed the European convention of human rights into UK law.
- the convention includes:
ARTICLE 8: Right to respect for privacy- home, private life, correspondence, family life
ARTICLE 10: the right to freedom and expression

Question 2

What is the European convention of human rights? Why is it important for us to know?

Answer 2

Type of law that applies to countries that belong to the council of Europe.
Includes-
ARTICLE 8: Right to respect for privacy- home, private life, correspondence, family life
ARTICLE 10: the right to freedom and expression

Important as this convention was placed into UK law -> human rights act 1998. This means people can be tried for violations of these in court

Question 3

What are the differences between criminal and civil law?

Answer 3

Criminal:
Deals with offences that harm people or communities.
Criminal cases begin in magistrates court but can be moved to crown court depending on severity.
- GUILT requires burden of proof beyond reasonable doubt
- examples - murder, rape, robbery

Civil:
-Concerns disputes between individuals and organisations
- cases are dealt with in county courts but can be moved to high court depending on severity.
- LIABILITY requires burden of proof ‘on the balance of probabilities’
- examples - trespass, divorce, defamation

Question 4

In civil and criminal courts - which courts deal with what?

Answer 4

Criminal - depending on how serious crime is and appeals:
Magistrates > crown courts > court of appeals > supreme

Civil - depending on how serious:
county courts > high courts > appeal > Supreme Court

Question 5

What are the 3 categories of criminal offences

Answer 5

Summary offences
Either way offences
Indictable offences

Question 6

What is a summary offence?

Answer 6

Minor offences - drunkenness and common assault
- dealt with by magistrates only
- can either get 12 months max for more than one offence
Or a fine (unlimited! - often based on defendant’s weekly earnings )

Question 7

What is an either way offence?

Answer 7

• burglary, fraud
  Can be dealt with by magistrates or crown court depending on severity - will be passed to crown if magistrates can’t pass severe enough sentence.
• the allocation procedure here is ALLOCATION PROCEDURE - in SECTION 52 A CRIME AND DISORDER ACT 1998 - subject to automatic reporting restrictions

Question 8

What is an indictable only offence?

Answer 8

Murder robbery rape …
- processed at magistrates but only dealt with by crown so severe enough sentences can be passed
-

Question 9

When do criminal proceedings become active? Why is this important for us?

Answer 9

Criminal proceedings become active when someone is arrested, charged or summonsed.

This is important because this is when REPORTING RESTRICTIONS BEGIN

Question 10

What procedure determines whether an either way criminal case is dealt with by the magistrates or crown?

Answer 10

SECTION 52 A CRIME AND DISORDER ACT 1998 - subject to automatic reporting restrictions.

Question 11

What law means reporting restrictions are now in place ?

Answer 11

Section 52a of the crime and disorder act 1998.

Question 12

What does section 52A of crime and disorder act limit reporting of? (6)

Answer 12

• name address and occupation of accused
• the charges in full or summarised
• name of counsell, magistrates, solicitors and court
• whether bail is refused or granted
• previous convictions
• any suggestion of what victim will plead

Question 13

What is a barrister or group of barristers called?

Answer 13

Counsel