This week was, reporting crime in the courts. Everything results down to the following two risks, prejudice and contempt. Being prejudice means, writing an article that may not be in the defendants favour and giving the readers an opinion. Especially when it is before the defendant has been proven guilty or not. They have to have a fair trial and and being prejudice in an article is when anything mentioned contaminates the trial or the defendant.
Contempt of court is what happens when you actually are prejudice in your article. Contempt or court can allow a person to go free from the crime they may have committed as they will not be given a free trial. The person who wrote and published the article could then face jail themselves.
When a case becomes ACTIVE legally is as soon as an arrest has been made. As soon as this happens you can be in contempt of court. From here on you can be in contempt of court:
- When police make an arrest,
- When an arrest warrant has been issued,
- A summons has been issued by Magistrates,
- A person has been charged.
Detention without charge is when police have 24 hours to question a suspect. A senior officer can extend this by 12 hours and a terror suspect can be held for a limit of 28 days.
Before the trial you can report on the following seven points:
- Names, ages, addresses and occupation of the defendant,
- Charges faced or a close summary,
- Name of the court and Magistrates names,
- Names of the solicitors or barristers present,
- Any arrangement of bail,
- Date and place to where the case is adjourned, and,
- Whether any legal aid was operated.
The key stages of the trial are:
- The prosecution opening,
- Key prosecution witnesses,
- Defence opening,
- Key defence witnesses,
- Judges summing up,
- Jury sent out, deliberation and the verdict,
- The sentencing.
If you attend the prosecution opening you must then attend the defence opening. Whether you decide to report on it or not, you must attend both.
Other knowledge that you need to know when reporting on the courts are the categories of offence and the Magistrates power.
A Magistrate is a civil officer who lays out the law. They administer sentences and only deal with criminal law. Civil cases will not make it up this far in the chain of the courts. See previous blog, dated 29 September.
The categories of offence are, indictable only, which is a possible sentence of five years plus. Either-way can go to Crown or Magistrates court. Summary, stays with the Magistrates court.
At the Magistrates court, you can have the following sentences, these are the powers of the Magistrates.
- 6 months jail
- Fines up to £5000
- Suspended sentences. This is when the defendant would have been given their sentencing but when the Magistrate suspends it they are on probation. On this probationary period if they do not break the law the Magistrate will throw out the sentence.
- Conditional Discharge. This is when the defendant is not punished but they have to comply with some conditions. If these conditions are met the discharge will become absolute where the defendant can walk free. Even if they have been proven guilty they may not be punished if they meet their conditions.
- Community orders - binding over. This is where the defendant is forced to serve their punishment in the community. They are not sent to prison but if they do not meet their conditions they may then go to jail and be punished there. Sometimes the community order may also mean that the defendant has to directly amend their behaviour to the victim and change their own behaviour so that they do not re-offend. This could be rehab for a drug addiction.
- ASBO's, (Anti-social behaviour order) This is a civil order against the defendant, who has consistently shown anti-scocial behaviour in their community. It has many restrictions on the person with the ASBO.
Always have to report fairly, accurate and contemporaneous. This means that if you are a daily newspaper you have to report on the proceedings daily or if you're monthly you have to report on it in each issue unless the case has finished.
You can also not give any name or information that will identify anyone under the age of 18. This can be allowed if you go to the judge and actually ask. One example of this is the Jon Venables case.
Picture by: ex_libris_gul
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