THE ONES YOU DON'T KNOW Flashcards
POLICING AND CRIME ACT 2017
28 day time limit for police bail
‘under investigation’
Active until investigation discontinued
SECTION 93 OF COURTS ACT 2003
Reporting discussions/ruling made in jury’s absence serious misconduct
RULE 11 CORONERS INQUEST RULES 2013
Inquests should be held in public unless in interests of justice or national security
RULE 23 CORONERS INQUEST RULES 2013
Written evidence stuff
Default position - Guardian and News Media Case
OPEN JUSTICE CASE LAW
Attorney General Vs Leveller Magazine
Departure from open justice only justified if ‘administration of justice would other be frustrated or rendered impracticable’
Scott vs Scott, 1913
“It is felt that in a public trial is to be found, on the whole, the best security for the pure, impartial, and efficient administration of justice,
the best means for winning for it public confidence and respect.’
SECTION 121 MAGISTRATES COURT ACT
Magistrates must sit in open court
unless other statute law permits them to sit in private
SECTION 43 YJCE
Requires application to introduce evidence of questions about complainants sexual history
SECTION 25 YJCE
Gives court power to exclude public and some journalists when witness due to give evidence on sexual offences/trafficking/slavery case
CRIMINAL PRACTISE DIRECTIONS 5B
Journalists should be provided opening notes, skeleton arguments and written submissions in criminal courts - to report contemporaneously
CRIMINAL PROCEDURE RULES 5.8
Journalists should be supplied by court officer with allowed information about any ongoing criminal case
Or on which verdict not more than six months ago
CIVIL PROCEDURE RULES
Allow journalist to inspect and obtain copy of statement of case when
- Claim listed for hearing
- defendants have filed defences/acknowledgements of service
- Judgement has been given
SCHEDULE 6A ANTI-SOCIAL CRIME AND POLICE ACT
Anonymity applies in respect of alleged or actual attempt to commit forced marriage offence
SECTION 8C MAGISTRATES COURT ACT
Restrictions on pre-trial hearings for summary case
SECTION 41 CRIMINAL JUSTICE ACT 1925
No sketches, photographs, record in court within precincts or of those entering or leaving precincts
Section 37 Children and Young Persons Act 1933
Court can ban public but not journalists when witness under 18 giving evidence in cases involving indecency