Legal System Flashcards
What are the two divisions of law?
Criminal Law - wrong against society
Civil Law - dispute between claimant and defence
Define Civil Law
A dispute between a claimant and defendant, held in the county court
Define Criminal Law
A wrong against society between the crown and defendant, held in either the magistrates or crown court.
What is a tort?
A civil wrong for which monetary damages can be awarded, e.g. defamation or personal injury
What are the two lawyers in the UK system?
Solicitor - no wig, magistrates
Barristers - wig, high court
What are human rights, and which must a
journalist balance?
The European Convention of Human Rights, enshrined in the Human Rights Act.
Article 6 - right to fair trial
Article 8 - the right to privacy and family life
Article 10 - right to freedom of expression
When are proceedings active?
An arrest is made, or arrest warrant issued
Oral charge is brought
Summons to court issued.
Written charge given to defendant.
When do proceedings cease to be active
Accused is released without charge
The accused is acquitted or sentenced
The accused is unfit to face trial or enter a plea
No arrest is made within 12 months of arrest
What are the conditions of bail?
Should be granted unless good reason.
Grounds for refusal:
Defendant may abscond
Interfere with witnesses
Commit more offences
For own protection
Previously committed offences on bail
Already in jail
Not enough info to make a decision
What should a journalist do if they wish to appeal?
Lodge an appeal at the Crown Court Office in writing. It is heard without a jury, and no substantial risk to prejudice for the judge. However, there is a risk if a retrial is ordered.
What is an injunction?
Prevents the publication of information not yet in the public domain, or to prevent further publication of information.
What is an inquest?
An official examination into the cause of death of a victim. It is active when an inquest is opened. Where they died (1 mark)
When they died (1 mark)
How they died (1 mark)
And to register the particulars of their death
What happens if you name a suspect when proceedings are active?
No ban on naming suspect, but police will not usually release name according to College of Policing Guidance. Libel danger if the suspect is named but not charged, and they can sue for breach of privacy.
What are summary proceedings?
Hearings in which magistrates try or sentence defendants
What are either way offences?
Distressing crimes, tried in either a magistrates or a crown court
e.g., theft, burglary, sexual assault.
