Difference between English law and Scottish law
Prejudicial reporting is contempt of court. Eg. A profile on someone who has been charged that's likely to make the jury prejudiced towards the person charged.
'The fade factor' -Articles that could be seen as being in contempt of court may not be as relevant come the trial. People will have forgotten it.
Some cases could cross the lines between civil and criminal. Eg. Lord Renard - accused of sexually harassing women in the Lib Dem party. Cleared in criminal court - not beyond reasonable doubt. Women can now try to claim damages in the civil court - balance of probability - if it's likely he did it they'll win the case.
Risks
Prejudice
Contempt of court
When is a case legally active?
Arrest made
Arrest warrant issued
Magistrates issues summons
A person is charged
Detention without charge
Police have 24 hours to question
Senior officer can extend by 12 hours
Magistrates can extend by 36 hours
Cannot exceed 96 hours
Terror suspect limit - 28 days
Seven points you can report on pre-trial hearing
Name of court and magistrates names
Name of people, addresses, ages,occupations
Application for bail
Names of solicitors
Charges
Date adjourned to
Whether legal aid was granted
Categories of offences
Summary offence - drunk and disorderly etc
Indictable offences - more serious offences that always get referred to crown court
Either way - either crown court or magistrates
Magistrates Powers
Six months jail - up to £5k fine
Suspended sentences
Conditional discharge
ASBO
Key stages of trial
Jury selected
Prosecution opening
Key prosecution witness
Defence opening
Key defence witnesses
Judge's summing up
Jury sent out, deliberation and verdict
Sentencing
Court reporting rules
Fast, accurate, fair
No recording
Children & young people
Legally juvenile until 18
Under 18s generally anonymous
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