Laws Flashcards
Section 52A of the Crime and Disorder Act 1998
Automatic reporting restriction in preliminary hearings at Crown/Magistrates court
Section 52A of the Crime and Disorder Act 1998 - What you can and cannot report
You cannot report:
- the reason for bail/bail being denied
- desrciption of defendant
- anything that may prejudice proceedings
- any evidence
- previous convictions
You can report:
- age, name, address, basic details, and alleged crime
- their plea
- photo/sketch of them outside the court
- the name of court and counsel, which court, general colour, basic protest of innocence, date and time, whether the court is adjourned
Punishment is an unlimited fine
Section 49 of the Children and Young Persons Act 1933
Automatic reporting ban on identifying juveniles in youth court
Section 49 of the Children and Young Persons Act 1933 - other details
What you cannot report
- name
- address
- still or moving image
- place of work
- place of education
When it is lifted
- lapses at 18
- doesn’t apply to the dead
- to help trace/identify someone at large
- avoid injustice
- it is in the public interest to do so
Section 45 of the Youth Justice and Criminal Evidence Act 1999
A discretionary reporting restriction when a youth, witness, defendant, or victim appears in adult court
Section 45 of Youth Justice and Criminal Evidence Act - What you can and cannot report
When it cannot be used
- lapses at 18
- cannot be used to give adult anonymity
The court must give a valid reason
What you cannot report
- name
- address
- still or moving image
- place of work
- place of education
the penalty is unlimited fine
Section 45a of the Youth Justice and Criminal Evidence Act
Discretionary lifetime reporting restriction banning ID of vulnerable victims or witnesses – can be imposed by any court
Section 45a of the Youth Justice and Criminal Evidence Act - extra detail
Can waiver it at 18 if it does not interfere with peace and comfort
Cannot report
- name
- address
- still or moving image
- place of work
- place of education
Cannot apply to dead people
Section 39 of the Children and Young Persons Act
Discretionary reporting restriction banning ID of under 18s in civil courts and inquests
Section 39 of the Children and Young Person Act - extra detail
Cannot report
- name
- address
- place of education
- place of work
- still or moving image
Ends at 18
This does not apply to dead people
Punishment is an unlimited fine
Sexual Offences (Amendment) Act 1992
Automatic lifelong ban on naming victims/alleged victims of sexual attacks and victims of human trafficking offences (section 1 relates to human trafficking/modern slavery)
Sexual Offences Act 2003
Sets out newer offences
Schedule 1 of the Female Genital Mutilation Act
Automatic lifelong ban of the identification of victims of this offence
Schedule 6a and of the Anti-Social Behaviour, Crime and Policing Act 2014
Automatic lifelong ban on the ID of of victims of forced marriage
Contempt of Court Act 1981
Strict liability rule for contempt by publication - Nothing should be published which could cause a substantial risk of prejudice or impediment to proceedings
Defences for Contempt of Court listed under 1981 Act - S3
Media did not know and had no reason to suspect proceedings were active
Defences for Contempt of Court listed under 1981 Act - S4
A fair, accurate report of proceedings, published contemporaneously and in good faith will not be considered contempt of court
Defences for Contempt of Court listed under 1981 Act - S5
This applies when a matter of public interest is discussed in the media at the same time as an ongoing trial
S4 Contempt of Court Act 1981
A temporary ban on reporting of a trial, matter, name etc.
S11 Contempt of Court Act 1981
A permanent ban on the reporting of a name or particular matter in cases of national security or blackmail
Juries Act 1974 Section 20D
Jurors must not disclose information about statements made, opinions expressed, arguments advanced or votes cast
S8 Contempt of Court Act
Prosecution for publication of jury’s deliberations, views etc
S9 Contempt of Court Act
It is illegal to record court proceedings unless permission is sought or to broadcast court proceedings
Criminal Justice Act 1925
Ban on photography or sketching inside court and its precincts
