McNae's Essential Law for Journalists: part 2: Chapter 8: Magistrates' courts - the most serious criminal cases

Question 1

Where do those charged with the most serious crimes make their first court appearance?

Answer 1

In a magistrates’ court having usually having been held since arrest in police cells.

Question 2

Where are journalists located in the court?

Answer 2

On the press bench.

Question 3

What restrictions are in place?

Answer 3

Automatic reporting restrictions are in force in these preliminary hearings to safeguard the defendant’s right to a fair trial by jury.

Question 4

Is it legal or illegal for the media to breach these restrictions?

Answer 4

It is illegal for the media to breach the restrictions but some newsworthy facts can be reported immediately from the magistrates’ court.

Question 5

Where else do these apply?

Answer 5

The restrictions also apply in preliminary hearings for either-way charges. Magistrates also try some either-way charges.

Question 6

What happens to those charged with the most serious crimes regarding court appearances?

Answer 6

Defendants charged with the most serious crimes cannot be tried by magistrates. They have an initial phase in the magistrates’ court but are quickly sent on trial to a Crown Court.

Question 7

Is a preliminary hearing newsworthy?

Answer 7

It will be newsworthy if the alleged crime is already notorious.

Question 8

What are the section 52A reporting restrictions?

Answer 8

Automatic reporting restrictions tightly limit what the media can publish contemporaneously from a preliminary hearing at a magistrates’ court concerning any indictable-only case or an either-way case which retains potential for trial.

Question 9

What do they restrict?

Answer 9

They restrict media reports of allocation and sending hearings from disclosing information which could create a risk of prejudice to jury trials and cover any hearing of such cases at the magistrates’ courts which occurs before allocation or sending.

Question 10

What are they designed to prevent the publication from preliminary hearings of?

Answer 10

• Any reference to evidence in the case.
• A defendant’s previous convictions.
• Any other material with potential to create prejudice.

Question 11

What material can be published?

Answer 11

• the name of the court and the magistrates’ names.
• the accused’s name, age, home address and occupation.
• the charges in full or summarised.
• the names of counsel and soliticors involved in the proceedings.
• where and when proceedings are adjourned to if they are adjourned.
• arrangements as to bail - whether bail was granted and if it was, any conditions and surety arrangement.
• whether legal aid was authorised.

Question 12

What do the media routinely publish when reporting preliminary hearings covered by section 52A restrictions?

Answer 12

• basic protestations of innocence made by the defendant from the dock or through a solicitor.
• that a defendant in an either-way case, has chosen trial by jury.

Question 13

Why are they safe in reporting these facts?

Answer 13

• it seems only fair to the defendant to quote his/her denial of guilt.
• publishing such matter cannot be prejudicial.

Question 14

What else do the media publish?

Answer 14

Scene-setting information:

• that the hearing lasted 10 mins.
• what the defendant wore.

Such bland material will not cause prejudice.

Question 15

When do the section 52A restrictions cease to apply?

Answer 15

The restrictions cease to apply in three sets of circumstances:

• A magistrates’ court can lift the restrictions.
• The restrictions lapse if it becomes clear there will be no trial.
• The restrictions lapse after the last trial ends or if the case does not proceed.

Question 16

What is the procedure in allocations hearings and does section 52A applies?

Answer 16

Allocation procedure in either-way cases:

In an either-way case, the defendant is asked to indicate how he/she intends to plead.

• A defendant’s indication of an intention to plead guilty is automatically treated as a formal plea of guilty, convicting him/her of that offence.
• If the defendant indicates that he/she will plead not guilty, magistrates will decide whether he/she should be offered the option of summary trial.

Question 17

What happens to two types of either-way cases?

Answer 17

Two types of either-way case do not have allocation hearings but are simply sent to the Crown Court for trial.

Question 18

Recap of major points

Answer 18

• An indictable-only case will be sent for trial to the Crown Court.
• A denied either-way offence can be tried by magistrates or by a jury. The defendant can choose trial by jury.
• Reporting restrictions in section 52A of the Crime and Disorder Act 1998 automatically apply to media reports of allocation and sending hearings in the magistrates’ court.