McNae's Essential Law for Journalists: Part 2: Chapter 6: Crimes - categories and definitions Flashcards
Where do all criminal cases begin?
A magistrates’ court
Where do the most serious therefore progress?
The most serious such as murder or rape progress to a Crown Court.
What must journalists know?
Journalists must know the different categories of crimes to understand when reporting restrictions affect what can be published in court stories and the legal definitions of some crimes to avoid libel problems when referring to offences.
What are the three categories into which crimes are placed?
- Indictable-only offences.
- Either-way offences.
- Summary offences.
What are indictable-only offences?
Indictable-only offences are the most serious crimes which are punishable by the longest prison terms. Such cases are processed initially by a magistrates’ court but cannot be finished there.
What are either-way offences?
Either-way offences include theft, sexual assault and assault causing GBH. These charges can be dealt with either at a Crown Court or by magistrates. Magistrates may decide that the crime is so serious that only a Crown Court can deal with it. Either-way offences are being less serious than indictable-only offences.
What are summary offences?
Summary offences are comparatively minor offences such as common assault, drunkenness and speeding offences. Summary cases are dealt with in magistrates’ courts and people charged with a summary offence have no right to a jury trial.
What are the two elements in most cases?
There are two elements in most crimes:
- an act which is potentially criminal.
- a guilty mind which means that the act was carried out.
Generally, the prosecution must prove both elements.
What is strict liability?
Some offences are of strict liability. Strict liability removes or limits the defences to the charge.
Journalists must understand this concept.
What errors can be made when reporting crimes?
A victim of theft may tell friendss that they have been robbed. A journalist who makes this colloquial error when reporting a court case will seem foolish and the error could lead to a defamation action..
What is murder?
The unlawful killing of a human being with the intention of killing or causing grevious bodily harm. An adult convicted of murder must be sentenced to life imprisonment. Indictable-only.
What is manslaughter?
Killing by an unlawful act likely to cause bodily harm but without the intention to kill or cause GBH. Indictable-only.
What is corporate manslaughter?
An organisation can be convicted of this offence if the way in which its activities were managed or organised caused someone’s death. Indictable-only.
What is infanticide?
The killing of an infant under 12 months old by its mother. Indictable-only.
What is assault?
Assault and common act can mean an unlawful infliction of violence or a hostile act. Either-way offences.
