Laws & Acts

Question 1

Article 6 of the European Convention on Human Rights

Answer 1

Everyone:

• is entitled to a fair and public hearing
• who is charged with a criminal offence shall be presumed innocent until proved guilty according to the law
• the public or press may be excluded from all or part of a trial in the interest of morals, public order or national security, interests of juveniles or protection of private life of parties so require or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice

Question 2

Article 10 of the European Convention on Human Rights

Answer 2

Everyone had the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers

Question 3

Article 8 of the European Convention on Human Rights

Answer 3

Right to respect for private and family life, their home and their correspondence.
There shall be no interference by a public authority except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country for the prevention of disorder or crime, protection of health or morals, protection of the rights and freedoms of others.

Question 4

Section 52a of the Crime and Disorder Act (1998)

Answer 4

covers preliminary hearings is the magistrates’ court and ensures the defendant has the right to a fair trial by laying out what can be reported by the press:

• name of court and magistrates
• defendants name, age, home address and occupation
• the charges
• names of lawyers engaged in proceedings
• whether proceedings are adjourned and the date to which
• bail arrangements whether granted or refused but NOT why they are refused
• protestations of innocence
• colour e.g atmosphere
• whether legal aid has been granted
• any reporting restrictions in place
• that the defendant in an either-way case has chosen by trial by jury

Question 5

Bail Act (1976) states bail must be granted unless they:

Answer 5

• will abscond or commit another offence
• will obstruct the course of justice e.g dispose evidence or interfere with witnesses
• likely to cause fear of mental or physical injury to an associated person
• the court can decide if the defendant should be held in custody for their protection e.g their crimes have angered the community
• are already in prison
• there is not sufficient information available for the court to make a decision on bail

Question 6

Section 49 of the Children and Young Persons Act (1933)

Answer 6

an automatic reporting restriction that gives anonymity to all juveniles concerned in youth court proceedings which lapses when they turn 18 and does not include deceased juveniles
states that nothing should be reported which could lead to the identity of a juvenile being revealed especially their name, address, place of education, place of work or any still or moving image
age can be reported

Question 7

Section 45 of the Youth Justice and Criminal Evidence Act (1999)

Answer 7

Gives anonymity to juveniles ‘concerned in proceedings’ in adult criminal courts but is not automatically imposed. If imposed no information should be reported which could lead to the identity of the juvenile being revealed especially their name, address, place of work, place of education or any still or moving image and automatically lapses when they turn 18

Question 8

Section 45a of the Youth Justice and Criminal Evidence Act (1999)

Answer 8

Can be used to provide lifelong anonymity to a specified juvenile witness, victim or alleged victim by an court under circumstances where they are in ‘fear’ or ‘distress’ about being identified and such anonymity is likely to provide better quality of their evidence or co-operation in the trial process and is not automatic

Question 9

Section 39 of the Children and Young Persons Act (1933)

Answer 9

Used in civil courts to give juveniles concerned in proceedings (claimant, defendant or witness) anonymity and is not automatic. No identifying information can be published including name, address, place of education, place of work or any still or moving image and this lapses when they turn 18.

Question 10

The Sexual Offences (Amendment) Act 1992

Answer 10

Victims of sexual offences receive automatic lifelong anonymity, This means no identifying information may be published about them specifically their name, age, address, place of education, place of work, or any still or moving image.

Question 11

The Human Trafficking and Modern Slavery Act (2015)

Answer 11

Automatic lifelong anonymity applies to all victims or alleged victims of human trafficking.
The same reporting restrictions apply as to a victim of sexual assault.

Question 12

Female Genital Mutilation Act (2003)

Answer 12

Automatic lifelong anonymity applies to all victims or alleged victims of female genital mutilation.
The same reporting restrictions apply as to a victim of sexual assault.

Question 13

Schedule 6A of the Anti-Social Behaviour, Crime and Policing Act (2014)

Answer 13

Automatic lifelong anonymity applies to all victims of the offence of forced marriage including the offence of conspiracy, aiding and abetting a forced marriage.
The same reporting restrictions apply as to a victim of sexual assault.

Question 14

The Contempt of Court Act (1981)

Answer 14

Guards the publication of material which creates ‘substantial risk of serious prejudice or impediment’ to proceedings which are active irrespective of whether you meant to cause prejudice or not.
What cannot be published:
- Material or allegations about the suspect or defendants background or character
- Material or allegations which may be disputed at trial or which might not be included in the evidence at trial
- No allegations they have committed other crimes or reference to previous convictions
- No suggestion they are a liar or have confessed to the alleged crime
- Any suggestion they are a flight risk or of bad character or reasons for bail being refused
- Anything which directly links the suspect/defendant to the alleged crime or any suggestion they are definitely guilty

Question 15

Section 3 of the Contempt of Court Act (1981)

Answer 15

If at the time of publication, having taken all reasonable care, they did not know and had no reason to suspect the case was active.
The burden of proof is on the publisher to prove they took steps to check whether proceedings were active

Question 16

Section 4 of the Contempt of Court Act (1981)

Answer 16

A person cannot be found guilty of breaching the strict liability rule in respect of a court hearing which is held in public and is:
- a fair and accurate report of legal proceedings
- published contemporaneously
- and in good faith (without malicious intent to scupper the case)
Often used when a media report of a court hearing might create ‘substantial risk to serious prejudice’ to a later stage of the same case or another case due to be tried.

Question 17

Section 5 of the Contempt of Court Act (1981)

Answer 17

A publication made as part of a discussion in good faith of public affairs will not be treated as contempt of the court under strict liability rule if the risk of impediment or prejudice to legal proceedings is merely incidental to the discussion.
Created after The Sunday Time thalidomide case

Question 18

Section 4(2) of the Contempt of Court Act (1981)

Answer 18

Impose a temporary ban on reporting of court cases, names or particular details where it’s necessary to avoid ‘substantial risk of prejudice’ to the administration of justice in those proceedings or any other proceedings pending or imminent and that the period of postponement may be as long as the courts think necessary.

Question 19

Section 11 of the Contempt of Court Act (1981)

Answer 19

If a court allows a name or other matter to be withheld from the public during proceedings the court may prohibit indefinitely publication of that name or matter in connection with the proceedings.
If used for safety reasons the order can only be granted if there is evidence presented of a ‘real and immediate’ threat to their safety.

Question 20

Section 20D of the Juries Act (1974)

Answer 20

Journalists must not seek or disclose information about statements made, opinions expressed, arguments advanced or votes cast by jurors.

Question 21

Section 8 of the Contempt of Court Act (1981)

Answer 21

Juries and their deliberations are sacrosanct in law. They should not fear the person they have convicted in law could discover who they are, how they’ve voted or where they live and be able to track them down and harm them in revenge.

Question 22

Section 41 of the Criminal Justice Act (1925)

Answer 22

It is illegal to:

• Take any photograph (or to film), make any sketch or portrait in court
• With a view to publication
• Take any photograph (or to film), make any sketch or portrait of any person while they are entering or leaving the court or its precincts
• publication of any of the above is also prohibited
• Extends to jury visits to a site

Question 23

Section 9 of the Contempt of Court Act (1981)

Answer 23

It is illegal to:

• Use a tape recorder or other recording device in court or take one in for use without permission from the court
• Broadcast any audio recording or play any section of it in public
• Make any unauthorised use of recording after permission has been given

Question 24

Section 46 of the Youth Justice and Criminal Evidence Act (1999)

Answer 24

• Reporting restriction for adult witnesses who are in ‘fear or distress’ about giving evidence in court
• Receive lifelong anonymity but is not automatic
• No matter likely to identify them may be published in particular their name, age, address, place of education, place of work, or any still or moving image of them.
• Court must be satisfied their quality of evidence will be diminished by fear or distress

Question 25

Section 121 of the Magistrates’ Courts Act (1980)

Answer 25

Magistrates must sit in open court when trying any case.

Question 26

Section 37 of the Children and Young Persons Act (1933)

Answer 26

The public can be excluded when a juvenile witness is giving evidence in a case involving indecency or morality.

Question 27

Section 25 of the Youth Justice and Criminal Evidence Act (1999)

Answer 27

if the court makes a ‘special measures’ direction to exclude the public when a ‘vulnerable or intimidated’ witness is giving evidence the court can exclude all but one journalist who journalists select and share their copy.

Question 28

The Criminal Procedure Rules - Rule 5.8

Answer 28

• The court must provide for no more than 5 business days details of the hearing e.g. date, place, time, reporting restrictions displayed prominently in the vicinity of the courtroom
• 5.8(6) says after the case has taken place you can obtain further information such as alleged offences, pleas entered, identities of those involved in the case, the outcome of the trial but if the case is over 6 months old you must give a reason
• 5.8(7) says applications for other material e.g, photos, DVD’s, videos or CCTV must be made in writing and the media should explain their reasoning and their intended use
• Criminal Practice Direction General Matters 5B says journalists should be able to access information detailed in 5B(6)
• If done by SJP journalists can apply for other information if the case is less than 6 months old and they do not need to give a reason

Question 29

The Magistrates’ Court Act (1980) (Single Justice Procedure)

Answer 29

For a hearing to be done by SJP these conditions must be met:

• The defendant must have pleaded guilty or failed to respond to requests for a plea
• The offence must not be punishable by imprisonment
• The defendant must be 18 or over at the time of the offence
• The defendant has not objected to the use of SJP
• There is a legal advisor present

Question 30

The Civil Procedure Rules - Rule 5.4C

Answer 30

• Allows for the provision of copies of statements of case and judgements can be ‘inspected’ during the course of a trial if used as evidence in chief
• ‘statements of the case’ include the claim form, particulars of the claim, the defence and any counter claim
• does not include ‘skeleton arguments’ and ‘written openings’ but they can be granted by the court to aid contemporaneous reporting

Question 31

The Coroners (Inquest) Rules (2013)

Answer 31

• Inquests should be held in public but all or part of an inquest may be held in private in the interests of national security
• The coroner may admit documentary evidence (written evidence because the witness is not at the inquest) when the coroner believes the evidence is unlikely to be disputed or it is not possible for the witness to attend at all or within a reasonable time
• The coroner must announce the witness’ name and the nature of the documentary evidence and can read it aloud, journalists can inspect this by asking

Question 32

The Copyright, Designs and Patents Act (1988)

Answer 32

Came into effect on July 31st 1989
Copyright is owned by the creator of any piece of work created using skill, labour or judgement
Before the Act copyright was owned by the person who commissioned photographs but is now owned by the photographer or if taken during the course of employment their employer.
The commissioner has ‘moral rights’ and can claim damages

Question 33

Section 1 of the Defamation Act (2013)

Answer 33

A statement is not defamatory unless it has caused or is likely to cause serious harm to the claimant’s reputation or serious financial loss to a company either by exposing them to hatred, ridicule or contempt, lowering them in the estimation of right-thinking members of the public, causing them to be shunned or avoided or disparaging them in their business, office, trade or profession

• The person being sued must not be the author, editor or publisher of the defamatory material it must be the writer
• Person being sued must be able to prove they took ‘reasonable care’ as regards publication of the complained material
• The defendant did not know and had to reason to believe that they had caused or contributed to the defamatory material being published

Question 34

Section 3 of the Defamation Act (2013)

Answer 34

The honest opinion defence - only used for opinions not assertions of fact
Requirements:
- Must be the honestly held opinion of the person making it
- It must be recognisable to the reader/viewer/listener as opinion rather than fact
- It must be based on a provably true fact or privileged material which is indicated explicitly or implicitly

Question 35

Section 4 of the Defamation Act (2013)

Answer 35

The public interest defence
Requirements:
- Must show that the statement complained of was or formed part of a statement on a matter of public interest
- Must show they believed that the publication was in the public interest and the court decides if it is reasonable for the defendant to hold that belief
- You must try to get comment from the person you are defaming

Question 36

How can privacy be breached in privacy law?

Answer 36

Privacy can be breached by:

1) The intrusive act of gathering private information (intrusive photography/filming etc.) which in itself distresses the subject or the discovery of it distresses the subject and was done without their consent
2) by publication of that information without their consent

Question 37

Section 10 of the Contempt of Court Act (1981)

Answer 37

Journalists should only reveal sources if the court deems it necessary in cases relating to issues of national security, in the interests of justice, in the prevention of disorder and crime. Protection prior to Goodwin case

Question 38

The Coroners (Inquest) Rules (2013) Rule 22

Answer 38

22(1) No witness at an inquest is obliged to answer any question tending to incriminate them
22(2) When a witness has been asked such a question the Coroner must inform them, they can refuse to answer it in case they end up being charged with a crime in relation to the death