Media Law: Terminology Flashcards
arraignment
first stage of court procedure in which clerk of the court reads indictment to defendant
ASBO
anti-social behaviour order - used for low-level disorder not usually warranting criminal prosecution (curfew, bans from places, etc.)
ACPO
Association of Chief Police Officers - forum for top brass to discuss policing methods
ATVOD
Authority for Television on Demand - co-regulates (with Ofcom) VOD
- must be television-like
- fees are paid
- no hate content
bail
arrangements under which someone charged can remain free of custody until trial
balance of probabilities
standard proof in civil cases (claimant must prove 50% likely what they say is true)
beyond all reasonable doubt
standard proof in criminal cases, must be proven by prosecution to magistrates or jury
bill
written proposal for law which is then debated in Parliament
burden of proof
obligation resting on a party in a trial (usually on those who bring the charges)
CAFCASS
Children and Family Court Advisory and Support Service - non-departmental government body to support children involved in family court proceedings
caution
formal warning given by the police as alternative to prosecution (only if guilt admitted)
Chatham House rules
system for holding debates on controversial issues, designed to encourage openness (anyone at the debate can use any info BUT NOT reveal who said it)
claimant
person bringing case in civil court
committal hearing
hearing in magistrates court to decide whether there’s enough evidence to send to Crown Court
common law
also ‘case law’, formed by judges decisions in higher courts setting legal precedents
concurrent sentencing
multiple prison sentences overlap (so in reality you only get the worst one)
consecutive sentencing
multiple prison sentences given one after the other
conditional discharge
type of sentence where defendant not punished provided they meet certain conditions
absolute discharge
type of sentence where defendant not punished
counsel
lawyers and such
DA-notice
called D-notice until 1993, official request for editors no to publish something in interest of national security
double jeopardy
ancient rule saying once acquitted can’t be tried for same offence (no longer absolute rule)
either way offence
offence that can be tried in magistrates or Crown Court (if defendant doesn’t opt for Crown the magistrates have to decide)
jigsaw identification
IDing someone through disclosure of separate bits of info
habeas corpus
rule limiting unlawful detention, must be brought before judge
held on remand
being held in custody after arrest, usually until trial starts
in chambers
case heard in judge’s chambers
in camera
old word for case being held in private
indictment
formal accusation that person has committed a crime
indictable offence
offence that can only be tried in Crown Court
injunction
court order obliging someone to do / not do something (with press usually bans publication) either temporarily or permanently
judicial review
action brought to High Court that review decisions of public bodies
legal aid
provision of assistance to people otherwise unable to afford legal representation
limitation period
time limit on when a certain type of case can be brought (if you miss it then usually can’t go ahead)
mens rea
Latin for “guilty mind”, must be an element in some crimes
mode of trial hearing
held at magistrates to decide whether case will be heard in magistrates or Crown Court
Newton trial
hearing when two sides given such contradictory evidence that a judge sits and tries to work out who is telling the truth, once cleared up can go to full trial
off the record
not for publication, not to be quoted
on the record
ok to publish / quote
PACE
Police and Criminal Evidence Act 1984, establishes the powers police have to deal with crime
plea
defendant’s answer to a charge in criminal case
pleas in mitigation
arguments made by lawyer to get their convicted client a lower sentence
power of attorney
authorisation to represent someone’s legal affair
prima facie
initial piece of evidence that, unless rebutted, would prove a crime (most proceedings need this to begin)
Queen’s Counsel
QC, super lawyers
Regina v
written form of criminal cases
slander
verbal defamation
special damages
economic loss (e.g. to property, earnings, etc.), as opposed to “general damages” being pain, suffering, emotional distress
spent conviction
no longer turns up on criminal record (different time for different crimes, commencing from when sentence ends)
standard of proof
how certain a decision maker has to be when deciding a case (e.g. beyond reasonable doubt, balance of probabilities)
strict liability
responsibility for damage or loss caused despite culpability
sub judice
case under trial or being considered by judge/court
subpoena
forces witness to testify or bring evidence
summary trial
trial of summary offence in magistrates court
summary offence
can only be tried in magistrates (though NOT necessarily trivial)
superinjunction
not even allowed to report on the fact there’s an injunction
surety
check notes
ultra vires
“beyond powers”, essentially an invalid act (by court, public body, etc.)
voir dire
trial within a trial to assess legitimacy of evidence or witness (jury often leaves for this)
ward of court
person under 18 under care of Family Division of High Court due to legal order
watershed
past 9pm you can show naughty stuff
without prejudice
if case is dismissed without prejudice then defendant is liable to be retried
