Term
| Reporting restriction on trials that are headed for jury trial |
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Definition
Report of this hearing restricted
by Section 52A of the Crime and Disorder Act 1998 because it is heading for Crown court/jury trial
Any information that is evidence must be deleted as it may prejudice/not feature in the eventual trial
apart from location of offence because it will be described in the charge [strictly the location, not details about it being in the kitchen etc, which is evidence]
Name of victim can be included as detailed in the charge
Conditions of bail can be reported under the Act [but never report why bail was refused] |
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Term
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Definition
| Dishonest appropriation of property belonging to another person with the intention to permenantly deprive the person of it. |
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Term
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Definition
| Fair, accurate and contemporaneous. |
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Term
| Not allowing press coroners inquest. |
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Definition
Rule 17 of Coroners Rules.
Only ground justifying exclusion of press and public is nationals security. |
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Term
| Reading out evidence in coroners inquest |
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Definition
| Rule 37 of Coroners Rules states all written evidence must read aloud unless coroner states otherwise |
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Term
| Permanent ban on publication of names in court after case is finished. |
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Definition
Section 11 of the Contempt of Court Act cannot be used if the court has already permitted name to be aired in the proceedings. If usual procedure followed name will have already been published.
S11 is not intended for comfort and feelings of defendant. |
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Term
| Identifying juveniles in youth court. |
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Definition
| Section 49 of the Children and Young Persons Act 1933 means the child cannot be identified by any detail. This includes her name, address, school, photo. |
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Term
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Definition
| The Crime Sentences Act 1997. It is within the public interest that the defendant be identified. |
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Term
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Definition
Under the Anti Social Behavior Act 2003 you can identify a juvenile if an ASBO is imposed and if no s.39 order is made.
If no ASBO imposed, s.49 still in place. |
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Term
| Identifying vulnerable witnesses |
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Definition
Section 46 of the Youth Justice and Criminal Evidence Act 1999 can be made as regards a witness over the age of 18 who the court considers is in 'fear' or distress about being identified in such a report.
It would then be illegal to include in any media report any matter likely to identify them to the public as a witness/alleged victim in this case during their lifetime.
These include; their address, identity or any educational establishment they attended, place of work or any still/moving pictures |
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Term
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Definition
Sexual Offence Act 2003.
Give victims lifetime anonymity.
Name, address, school, picture cannot be published.
Ofcom code, section 1 says broadcasters should be particularly careful not to provide clues which may lead to the identification of child who is a victim of sex offence. |
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Term
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Definition
If witness appears to be refusing to testify or goes back on their previous statement./ co-operate with side who called them.
Witness can then be asked leading questions by the side that called them. |
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Term
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Definition
| permitting defendant to keep their liberty until the next date when the case is to be heard. If no bail granted they will be remanded into prison custody and bail may have conditions. |
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Term
| Why identifying reoffenders should be allowed |
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Definition
Crime sentences act 1997.
Removal of anonymity is appropriate if offending is persistent, serious or has impacted a number of people.
Alerting people to identity may help prevent further offending. |
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Term
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Definition
| Conviction but no punishment imposed |
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Term
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Definition
| No immediate jailing but period set within which re-offending could cause court to activate first sentence and impose further sentence |
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Term
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Definition
| a person who guarantees financially that defendant will answer bail |
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Term
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Definition
| An offence that can only be dealt with in crown court. |
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Term
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Definition
Criminal Justice Act 1925
Prohibits the taking of photographs/filming in court or its precincts.
An offence to publish photographs/film.
Taking of photo could also be deemed contempt of court |
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Term
| Rowdy crowd, court prevents media |
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Definition
Principle of open justice can only be departed from when administration of justice would otherwiswe be frustrated or rendered impracticable.
Common law power of exclusion not applicable here regarding media because reporter will not be disruptive.
Section 232 of Magistrates Courts Ace says must sit in open court when trying a case.
Attorney General v. Leveller |
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Term
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Definition
| Defendant will not be punished unless they reoffend. If they do reoffend can be punished for the original defence as well as for the reoffending. |
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Term
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Definition
| Two or more sentences of imprisonment imposed for different sentences; the longest one is the sentence acutally served. |
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Term
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Definition
| A written statement of the charges which is put to the defendant at the arraignment, |
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Term
| Previous reports of crimes available online |
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Definition
Current trial is active under CoC act.
If jurors have access could create substansial risk of prejudice because they are unlikely to know of previous convictions.
The archived material may sway decision.
All reports should be removed until case ceases to be active |
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