1. Match up the following terms and descriptions. If, for example, there was a term numbered 10 and a matching description marked F, the answer should be presented as 10 – F. (10 marks)
Answer:
Burglary: entering a building as a trespasser and stealing or attempting to steal.
Theft: dishonest appropriation or property belonging to another with the intention of permanently depriving the other of it.
Robbery: stealing by force or threat of force.
Blackmail: making an unwarranted demand with menaces.
Handling: dishonestly receiving goods, knowing or believing them to be stolen.
2. Reports of some court proceedings are restricted by the Magistrates' Court 2980. Do any such restrictions apply when the magistrates: (a) Commit a defendant for sentence at crown court?
Remand a defendant for a week to a await committal proceedings? Hear prosecution evidence begin as they try a defendant summarily on a burglary charge? State your reasons (20 marks)
Answer:
(a) No, report restriction does not apply.
As the Magistrates Court has committed the defendant for sentence at Crown Court, that means summary proceedings has already been held.
However, Magistrates Court Act 1980 does not cover cases being dealt with summarily – trial in Magistrates Court.
(b) Yes, report restriction applies.
As regards a committal hearing, under the section 8 restrictions the media can report: any decision of the magistrates to commit any defendant to Crown court for trial, unless defendant requests restrictions are to be lifted.
(c)No, report restriction does not apply.
Because restrictions do not apply once magistrates have decided to try a triable either-way offences case summarily (trial in Magistrates Court).
3. Should anything be amended in the following court report to comply with:
(a) the Magistrates' Courts Act 1980; or
(b) the Sexual Offences Act?
Explain your conclusions.
A 19-year-old woman has been accused of making a false claim of rape. Wilhelma Wigan, of St Non's Avenue, Downton, is charged with perjury by falsely signing a statement telling police she was raped. Bernard Brussells, prosecuting, told Downton Magistrates that Wigan claimed in the statement that Harry Hemnall raped her at knifepoint after following her from a nightclub. Mr. Hemnall, of Theydon Grove, Bassettford, was arrested and held by police for 17 hours. Two days later Wigan admitted the allegation was false, Mr. Brussells added. The magistrates bailed Wigan and sent her case to Crown Court for trial. (10 marks)
Answer:
The Magistrates' Court Act 1980 Section 8 ten points applies, unless decision is made to try case summarily (trial in Magistrates Court), or the defendant requests report restrictions are to be lifted.
In this case, the Sexual Offences Act 2003 does not apply, because Wigan was not raped by Harry Hemnall, so there is no need to worry revealing Wigan's identity, and she is not entitled to lifelong anonymity.
However, “Mr. Hemnall, of Theydon Grove, Bassettford, was arrested and held by police for 17 hours. Two days later Wigan admitted the allegation was false, Mr. Brussells added.” should be removed, as these details explanation of the case development was not covered by the report restriction.
Other description can be published as covered by report restriction.
4. What power does an adult criminal court have to prevent the media from identifying children or young persons involved in its proceedings? Explain the scope of this power. What is the media's legal position as regards identifying such individuals if this power is not invoked? (15 marks)
Answer:
When children or young persons appears in adult criminal court, their names can be named unless the court impose section 39 order under Children and Young Persons Act 1993, if made reporters cannot publish: (1) name; (2) address; (3) school; (4) photo; or (5) anything else likely to lead to the identification of a child or young person (under 18) involved ion the proceedings (defendant, victim, witness).
If this power is not invoked, then the media can identify these individuals.
5. Under what circumstances may the ban on identifying a child or young person appearing at youth court be lifted? (20 marks)
Answer:
Under these following circumstances the ban Section 49 Children and Young Persons Act 1933 at youth court will be lifted:
(1) by the Magistrates or the Home Secretary, to avoid injustice to the juvenile;
(2) by the youth court by the Director of Public Prosecutions (e.g. by a Crown Prosecution Service lawyer) applying for the lifting under the criminal Justice and Public Order Act 1994 in order to trace a juvenile at large after appearing in the Youth Court charged with a violent or sexual offence or any offence for which an adult could be jailed for 14 years or more; or
(3) under the Crime (Sentences) Act 1997, the Magistrates may lift the restriction on identifying a convicted juvenile after conviction where they believe it is in the public interest to do so (usually upon application by the media), but before doing so they must allow the prosecution the defence and often the media to make representations.
(4) The restrictions cease to apply once the child or young person turns 18.
(5) Section 49 does not apply to reports of the subsequent Antisocial Behaviour Order (ASBO) proceedings if ASBO is imposed; Section 49 still applies to reports of the hearing while the application is part-heard and adjourned or if no ASBO is imposed.
6. What is the law on identifying the alleged victim of a sexual assault?
Give two examples of circumstances in which restrictions on identity are not applicable in case of sexual assault. (15 marks)
Answer:
The Sexual Offences 2003 sates: (1) apply automatically to grant anonymity for life to a person who complains they are a victim of a sexual offence listed in the Act – even if they subsequently withdraw their complaint.
(2) From the point of complaint cannot publish anything if it is likely to lead to the identification of the complainant as a victim of such an offence, for example, name, address, photo or identity of school/college/workplace. Jigsaw effect is needed to be aware.
(3) Cannot identify the victim as a victim in any publication in any circumstances (it does not just apply to reports of sex offence proceedings).
(4) Cannot identify the victim in reports of civil proceedings (e.g. a damages claim by rape victim or in reports of Employment Tribunal proceedings.
(5) A “complaint” can be made by someone acting on the person's behalf, and to the police, a rape centre or even to a journalist for example.
Two examples of circumstances in which restrictions on identity are not applicable:
(1) The court is satisfied they impose a substantial and unreasonable restriction on the reporting of the trial and it is in the public interest to lift them;
(2) The accused satisfies the court that it is necessary to lift them to induce witnesses to come forward, and the defence would be substantially prejudiced if they are not lifted or the defendant would suffer substantial injustice;
7. Generally, common law provides for criminal proceedings to be held in public Name two exceptions whereby the press might be excluded from these proceedings involving adult defendants. (10 marks)
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