McNae's Essential Law for Journalists: Part 2 : Chapter 9: Crown Courts and appeal Courts Flashcards
What do Crown Courts deal with?
Crown Courts deal with the most serious criminal cases, including murder.
What do their trials lead to?
Their trials lead to the tensew moment when the jury announces the verdict with the press bench full for major cases.
What happens in Crown Court trials?
In Crown court trials:
- Juries decide if each charge is proved.
- Judges rule on law and sentence convicted defendants.
Who are jurors?
A Crown Court jury consists of 12 people, aged between 18 and 75, selected randomly from electoral rolls and summoned to appear for jury service.
What three types of Crown Court judge sit in Crown Courts?
- High Court judges: only they can try the most serious offences.
- Circuit judges: are barristers of at least 10 years’ standing or solicitors who have been recorders.
- Recorders: part-time judges - are barristers or solicitors who have held rights of audience at crown court.
Who conducts prosecutions at Crown Courts?
Prosecutions at Crown Courts are conducted by barristers.
What happens to a case that is yet to be tried?
A case yet to be tried reaches a Crown Court because it has been sent for trial by a magistrates’ court or youh court.
What is arraignment?
A defendant whose case is sent to a Crown Court for a trial is there asked to plead guilty or not guilty to each charge on the indictment. This process is known as arraignment.
What are the automatic reporting restrictions on hearings prior to jury involvement?
Statutes impose automatic reporting restrictions on pre-jury trial hearings. The reporting restrictions are to prevent publication of information which could prejudice a trial.
What is the scope of the automatic reporting restrictions?
The restrictions limit these reports to seven categories of information:
- the name of the Crown Court and judge.
- the names, ages, home addresses and occupations of defendants and witnesses.
- the charges.
- the names of solicitors and barristers involved.
- where and when proceedings are adjourned to if they are.
- arrangements as to bail.
- whether legal aid was authorised.
What relevant business information can be reported?
- Any address used by the defendant for carrying on business on his/her own account.
- The name of the business at any relevant time.
- The name and address of any firm in which he/she was a partner.
- The name of any company of which he/she was a director etc.
What else can be reported?
It is safe to include reports of pre-trial Crown Court hearings neutral descriptions of the court scene and non-prejudicial background facts.
When do the restrictions cease to apply?
A Crown Court judge can lift the restrictions to allow more detailed contemporaneous media reports of such hearings.
What is the procedure in Crown Court trials?
The media can publlish full, contemporaneous reports of what the jury is told at a Crown Court trial once it has started.
Recap of major points
- Crown Courts deal with the most serious criminal cases.
- Crown court judges rule on law and decide on punishment, and in trials juries decide whether each charge is proved.
- Automatic reporting restrictions limit what the media can report from most Crown Court hearings prior to trial.
- A defendant convicted in a Crown Court may seek to appeal to the Court of Appeal and thereafter to the Supreme Court.
- Crown Courts hear appeals from magistrates’ courts against conviction or sentencing.
- The high court is also an appeal court for certain matters.
