Media Law: 7 Access to courts Flashcards
areas of law that say courts should be public
[3]
- case law
- statute law
- guidelines for court system
case summing up media access to courts
[3]
- A-G v Leveller Magazine (1979)
- nothing should discourage fair and accurate publication of court proceedings
- UNLESS it would ‘frustrate or render impracticable the administration of justice’
case summing up embarrassment
[2]
- Scott v Scott (1913)
- embarrassment NOT a reason for private courts
which HRA article is free trial?
[1]
- Article 6
HRA provisions for trial in private
[4]
- interest of morals, public order or national security
- in order to protect juveniles
- in order to protect private life of parties
- when publicity would prejudice justice
main article of HRA that needs balancing with Private Life
[1]
- Article 10: freedom of expression
DEF: something to take into account when considering banning access
- principle of proportionality
- e.g. could a ban on reporting be just as effective as a ban on public access?
sources of court guidelines
[2]
- Civil Procedure Rules
- guidelines issued by Judicial Studies Board (latest 2009)
principles set out in guidelines
[4]
- generally, courts should be public
- restriction of access should be exceptional / necessity
- courts must stay in line with Articles 6 (trial) and 10 (expression) of HRA
- media representation before access restriction, or if varying or lifting restrictions
types of hearing (in terms of access)
[3]
- in open court
- in private
- in chambers
hearings in open court
[3]
- held in courtroom
- public and press allowed
- reporting restrictions can still apply (either automatically or by order)
hearing in private
[5]
- neither public nor press allowed
- formerly known as ‘in camera’
- NO reporting restrictions (providing someone there is willing to tell the press what happened)
- BUT privilege defence for defamation doesn’t count
- AND reporting certain private proceedings is contempt
McPherson v McPherson (1936)
[3]
- Govt minister divorce
- ‘open’ proceedings behind door ajar with PRIVATE sign
- Privy Council ruled it was invalid
hearings in chambers
[2]
- in judges’ offices, etc. (usually for convenience)
- press don’t have right to attend, but if requested they should be given access where possible
when hearing in chambers are interesting
[3]
- fairly rare
- Hodgson v Imperial Tobacco
- judges discretion to make arrangements (e.g. one member of press allowed to take notes)
what to do if you’re unsure about access
[1]
- ask for an enquiry to be sent to the judge
sources of access restrictions (and where they apply)
[4]
- common law (any courts)
- statutory powers (specific courts)
- court rules (specific courts)
- HRA
Warrington Guardian case (2008)
[2]
- journalist not allowed in bail hearing or given verdict after
- sent letter to judge, received verdict few hours after
DEF: general common law power giving courts power to control their own proceedings
[1]
- ‘inherent jurisdiction’
inherent jurisdiction rare
[3]
- most judges will use statutory powers
- inherent jurisdiction should be used exceptionally
- cannot be used for embarrassment
legislation saying magistrates should sit in open court
[2]
- Magistrates’ Court Act 1980
- when trying a case, passing sentence or acting as examining judges
2009 guidelines from Judicial Studies Board outlining when restrictions acceptable
[7]
- public hearing would disrupt justice
- ‘necessity’ is key (e.g. embarrassment NO, national security YES)
- relevant evidence must be provided
- court should use less restrictive measure if possible
- other alternative: using pseudonym for witnesses and banning publication of real name
- can exclude for only part of trial
- if public removed due to disorder, media should be allowed to stay
child witnesses in sex offence
[4]
- Youth Justice and Criminal Evidence Act 1999
- court can remove public if witness under 18 giving evidence
- press NOT included in this
- EXCEPT in Northern Ireland
special measures directions
[1]
- similar to child witness rules
hearings in camera
[3]
- for national security, to protect witness ID, etc.
- party wanting hearing in camera must apply in writing 7 days in advance
- press can make representations against this decision
Youth Court proceedings
[2]
- public not allowed (except at courts discretion)
- press should not be excluded
applications for further detention
[1]
- guidelines say not in open court
cases under Official Secrets Act
[2]
- court can order public (or section of it) from courtroom
- only if national security in danger
obtaining info from criminal courts
[3]
- Crown Court lists ONLINE
- Magistrates will give lists to press on the day
register of decisions in magistrates courts available on request to clerks - courts should provide local newspapers with copy of court register once it’s prepared
how much do court lists cost?
[1]
- since Jack Straw in 2008: NOTHING
minimum info on court lists
[5]
- name
- age
- address
- profession
- offence
what shit don’t you stand for?
[1]
- court clerks slapping the Data Protection Act on yo ass!
information from the prosecution
[2]
- new Protocol from DPP in 2005
- media has access to as much relevant info as possible, as quickly as possible
information prosecution used to make case, including:
[5]
- CCTV footage
- photos/video reconstructions of crime
- maps/photos/diagrams/drawings used in court
- from police: video footage, seized property, weapons, etc.
- transcripts of statements read out in court
other info held by prosecution
[4]
- ONLY after consultation with CPS, police, victims
- statements made by witnesses/victims
- video/audio of police interviews
- CCTV involving the victim
when civil cases can be held in private
[7]
- publicity would make proceedings pointless
- national security
- confidential info (including financial)
- contains uncontentious matters of administration of trust or estate of deceased
- protecting a child or patient
- application without notice
- to protect interests of justice
applications for injunctions
[3]
- usually in open court if person injunction against represented by a lawyer
- NOT for domestic violence cases
- Queen’s Bench private; Chancery Division open
information you are entitled to in civil cases
[2]
- ‘statement of case’
- payment of a fee
what ‘statement of case’ includes
[6]
- claim form (claim and parties’ names)
- particulars of the claim (further details)
- defence put forward by other side
- Part 20 claims (any claims not by claimant)
- reply to the defence
- any other info voluntarily given
does this include judicial review?
[1]
- yes, since 2008
what about written statements given to jury but not read out?
[1]
- yeah, you should be able to get those too
reason for not releasing documents
[3]
- in the interests of justice
- public interest
- nature of medical evidence contained in statement
DEF: documents barristers use explaining the points they intend to make
- ‘skeleton arguments’
- should be provided to press if used as basis of oral statement
case that got press access to skeleton arguments
- Howell, Harris and May (2003)
can you get information after court case is over?
- judges say yes
- this is based on David Leigh’s BAE story
