The task was very useful in conveying what a journalist can indeed print between the times before capturing criminals, upon their arrest (at this point the case becomes active), and before/during their trial. Ian had us right out various openings for stories where firstly: the police were on the lookout for two suspects, secondly: the police had made their arrests, and thirdly: the police had charged the suspects.
I found this most engaging and it acted as a great refresher of the various media laws, which we went on to study for the rest of the lecture.
The key points of the lecture were:
A case is legally active
- when the police make an arrest
- an arrest warrant is issued
- when the magistrates order a summons
- a person is charged
Detention without charge
- police normally have 24hrs maximum to question suspects
- an extension of 12hrs can be made by a senior officer
- further 36hrs detention if magistrates agree
- cannot exceed 96hrs
- terror suspects can be held for 28 days
Categories of offence
- Indictable-only: possible sentence of 5+ years, dealt by Crown Court
- Either-way: can go to Crown court of magistrates court i.e. assault (serious or not). Depends what the magistrates court decides or on defendant's choice.
- Summary offences: stay with the magistrates court
Magistrates' powers
- 6 months jail - fines up to £5000
- suspended sentences
- conditional discharge
- community orders
- binding over
- ASBOs
Pre-trial reports
- names of defendants, ages, addresses, occupations
- charges faced or a close summary
- name of court and magistrate's names
- names of solicitors and barristers present
- date and place to where court is adjourned
- arrangements as to bail
Key stages of trial
- prosecution opening
- key prosecution witnesses
- defense opening
- key defense witnesses
- judge summary
- jury sent out, deliberation and verdict
- sentencing
Court Reporting
- fair
- accurate
- contemporaneous (up to date)
- no recording (tapes etc)
Children and young people
- legally juvenile until 18
- generally anonymous until 18
- beware of accidental identification
Interestingly, in the media at present, there are issues of the restrictions/ lack of restrictions imposed on journalists. The Ministry of Justice is looking to further the rights of journalists for reporting in family courts. Family lawyers have greatly opposed the extended freedom for journalists to report issues in the family courts.
Journalists are allowed to report on family cases, but the proposed extensions of the Children Schools and and Families Act, will allow journalists to report individual cases.
The first phase of the Act means that most details will be allowed to be reported unless a judge says otherwise, identification and sensitive information can only be released if a judge agrees, the media can name paid expert witnesses. The second phase allows the media to report sensitive information, name all expert witnesses, and make it harder for judges to pose restrictions on journalists.
Solicitors are concerned that the changes in the act will deter children from giving vital evidence in a trail; fearing their own safety. The government is set to review the the issue before a conclusion and alterations are made on the act.
For an interesting read on journalists in court, check out this link:
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