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Media Law > Media Law: 7 Access to courts > Flashcards

Media Law: 7 Access to courts Flashcards

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1
Q

areas of law that say courts should be public

[3]

A
  • case law
  • statute law
  • guidelines for court system
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2
Q

case summing up media access to courts

[3]

A
  • 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’
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3
Q

case summing up embarrassment

[2]

A
  • Scott v Scott (1913)

- embarrassment NOT a reason for private courts

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4
Q

which HRA article is free trial?

[1]

A
  • Article 6
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5
Q

HRA provisions for trial in private

[4]

A
  • 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
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6
Q

main article of HRA that needs balancing with Private Life

[1]

A
  • Article 10: freedom of expression
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7
Q

DEF: something to take into account when considering banning access

A
  • principle of proportionality

- e.g. could a ban on reporting be just as effective as a ban on public access?

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8
Q

sources of court guidelines

[2]

A
  • Civil Procedure Rules

- guidelines issued by Judicial Studies Board (latest 2009)

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9
Q

principles set out in guidelines

[4]

A
  • 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
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10
Q

types of hearing (in terms of access)

[3]

A
  • in open court
  • in private
  • in chambers
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11
Q

hearings in open court

[3]

A
  • held in courtroom
  • public and press allowed
  • reporting restrictions can still apply (either automatically or by order)
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12
Q

hearing in private

[5]

A
  • 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
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13
Q

McPherson v McPherson (1936)

[3]

A
  • Govt minister divorce
  • ‘open’ proceedings behind door ajar with PRIVATE sign
  • Privy Council ruled it was invalid
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14
Q

hearings in chambers

[2]

A
  • in judges’ offices, etc. (usually for convenience)

- press don’t have right to attend, but if requested they should be given access where possible

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15
Q

when hearing in chambers are interesting

[3]

A
  • fairly rare
  • Hodgson v Imperial Tobacco
  • judges discretion to make arrangements (e.g. one member of press allowed to take notes)
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16
Q

what to do if you’re unsure about access

[1]

A
  • ask for an enquiry to be sent to the judge
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17
Q

sources of access restrictions (and where they apply)

[4]

A
  • common law (any courts)
  • statutory powers (specific courts)
  • court rules (specific courts)
  • HRA
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18
Q

Warrington Guardian case (2008)

[2]

A
  • journalist not allowed in bail hearing or given verdict after
  • sent letter to judge, received verdict few hours after
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19
Q

DEF: general common law power giving courts power to control their own proceedings
[1]

A
  • ‘inherent jurisdiction’
20
Q

inherent jurisdiction rare

[3]

A
  • most judges will use statutory powers
  • inherent jurisdiction should be used exceptionally
  • cannot be used for embarrassment
21
Q

legislation saying magistrates should sit in open court

[2]

A
  • Magistrates’ Court Act 1980

- when trying a case, passing sentence or acting as examining judges

22
Q

2009 guidelines from Judicial Studies Board outlining when restrictions acceptable
[7]

A
  • 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
23
Q

child witnesses in sex offence

[4]

A
  • 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
24
Q

special measures directions

[1]

A
  • similar to child witness rules
25
Q

hearings in camera

[3]

A
  • 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
26
Q

Youth Court proceedings

[2]

A
  • public not allowed (except at courts discretion)

- press should not be excluded

27
Q

applications for further detention

[1]

A
  • guidelines say not in open court
28
Q

cases under Official Secrets Act

[2]

A
  • court can order public (or section of it) from courtroom

- only if national security in danger

29
Q

obtaining info from criminal courts

[3]

A
  • 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
30
Q

how much do court lists cost?

[1]

A
  • since Jack Straw in 2008: NOTHING
31
Q

minimum info on court lists

[5]

A
  • name
  • age
  • address
  • profession
  • offence
32
Q

what shit don’t you stand for?

[1]

A
  • court clerks slapping the Data Protection Act on yo ass!
33
Q

information from the prosecution

[2]

A
  • new Protocol from DPP in 2005

- media has access to as much relevant info as possible, as quickly as possible

34
Q

information prosecution used to make case, including:

[5]

A
  • 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
35
Q

other info held by prosecution

[4]

A
  • ONLY after consultation with CPS, police, victims
  • statements made by witnesses/victims
  • video/audio of police interviews
  • CCTV involving the victim
36
Q

when civil cases can be held in private

[7]

A
  • 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
37
Q

applications for injunctions

[3]

A
  • usually in open court if person injunction against represented by a lawyer
  • NOT for domestic violence cases
  • Queen’s Bench private; Chancery Division open
38
Q

information you are entitled to in civil cases

[2]

A
  • ‘statement of case’

- payment of a fee

39
Q

what ‘statement of case’ includes

[6]

A
  • 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
40
Q

does this include judicial review?

[1]

A
  • yes, since 2008
41
Q

what about written statements given to jury but not read out?
[1]

A
  • yeah, you should be able to get those too
42
Q

reason for not releasing documents

[3]

A
  • in the interests of justice
  • public interest
  • nature of medical evidence contained in statement
43
Q

DEF: documents barristers use explaining the points they intend to make

A
  • ‘skeleton arguments’

- should be provided to press if used as basis of oral statement

44
Q

case that got press access to skeleton arguments

A
  • Howell, Harris and May (2003)
45
Q

can you get information after court case is over?

A
  • judges say yes

- this is based on David Leigh’s BAE story

Media Law (22 decks)

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