Law Revision Notes
Legal framework in the UK
Two divisions of courts
Criminal
State prosecutions
Civil
Family, contracts, etc.
Supreme Court > court of appeal > high court
Highest court in uk is Supreme Court, sits in Middlesex guildhall in parliament
Three functions of crown courts - indictable offences (serious crimes with sentencing over five years), appeals from mags, sentencing
Three functions of magistrates court - summary trials, committals, family courts, youth courts, licensing appeals
Difference between civil and criminal offence
Three sources of uk law - common law, statute, case law
Standards of proof
Balance of probability in civil court
Beyond reasonable doubt in criminal court
Crown prosecution service
Director of public prosecutions - Alison Saunders
Minister of justice - Chris Grayling
Attorney General - make sure government and ministers are acting properly. Enforces contempt of court guidance.
Reporting crime and the courts
PREJUDICE and CONTEMPT
PREJUDICE
Where publication of information could harm someone's defence or have them treated unfairly in trial
CONTEMPT
Publishing information that is in breach of the rules of crime and court reporting
Case is active when
Arrest warrant issued
An arrest is made
Stages of reporting crime
Stage one - crime is reported, police hunting, appealing for witnesses, descriptions, no risk of prejudice
Stage two - police make arrest, issue a warrant, person is helping with inquiries, case is legally active,risk of prejudice
Stage three - Police lay charges, trial is a prospect, only incontestable facts can be reported
Stage four - magistrates court hearing so restricted to saying seven things
Name, age, address
Identity
Name of court and magistrates
Name of solicitors
Legal aid
Bail - whether they get it or not
Date and place where case is adjourned
Charges
Types of offence
Indictable
Either-way
Summary
Magistrates Court
Maximum sentence is 6 months
Conditional discharge -
Section 49 order - gives anonymity to U-18s in youth courts
Section 39 order - gives anonymity to U-18s in adult courts
Jigsaw identification - anything that can link together to give away identities
Crown Courts
Can't report proceedings if the jury is not present
Absolute privilege
Reporting must be fast, accurate and contemporaneous
Can report shouting from public gallery but not what they're saying
Libel and Defamation
Defamation
Lowers someone in the mind of right-thinking people
Causes people to be shunned or avoided
Causes damage to their reputation
Puts life in danger - hatred, ridicule and contempt
Libel
Identification
Defamation
Publication
Standards of proof
Balance of probability
Picture libel caused by juxtaposition
Defences
People need to prove that they have been subject to serious harm
Honest opinion based on fact
Public interest
Absolute privilege - as long as reports are fast, accurate, without malice, and on a matter of public concern.
Qualified privilege - council meeting, police statement,press conference
Copyright
Fair dealing with review and voice over
Got to be relevant
Attribute it
Can use a proportionate bit of it but not all
Can't fair deal a photograph
Confidentiality / Breach of confidence
State secrets
Info must have quality of confidence such as commercial value
Circumstances must impose obligation of confidence
Unauthorised use of info must cause detriment
Mosley Nazi orgy
Not in public interest
Naomi Campbell drug addiction therapy
Could have expected privacy
Regulatory Codes
OFCOM - broadcasters
Powers
PCC - print
Powers
Reporting elections
Key dangers
False statements
Impartiality
Exit polls
Not everyone has to be covered equally, depends if they belong to major or minor parties
Freedom of Information
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