7.At an inquest into the death of a woman who had taken an overdoes of pills, her husband says she had been depressed for many years and the reasons was that, as a child, she had been sexually abused by her brother, Edward, who lives in the United States. The coroner makes no order restricting reporting of the inquest. Can the media when reporting the inquest
(a) Safely name woman as a victim of a sexual offence?
(b) Safely report the defamatory allegations against her brother, Edward? (15 marks)
Answer:
(a) According to The Sexual Offences Act 2003, the restriction can be lifted when the complaint dies, so the women can be safely names as a sexual offence.
(b) Under the defamation Act 1996 Absolute Privilege, it gives immunity from libel for court copy in all UK courts, inquests, military courts etc, provided all the defence's requirements were met:
(1)fair (balanced); (2) accurate (especially charge, name, plea and case continuing and minor inaccuracies will not defeat the privilege); (3) published contemporaneously (first available edition); and (4) the report is of judicial proceedings (not outbursts and interruptions [if people making them are not involved in the case] or reports not read out in court – defamatory outbursts are not protected. Non-defamatory outbursts may be published); (5) held in public in the UK (or in European Courts of Justice and Human Rights). Non-contemporaneous court reports get Qualified Privilege.
Therefore the defamatory allegations can be safely reported.
8. A councillor is fined by magistrates for using a television set without having a television licence. A weekly newspaper's headline to a fair and accurate report of the case, published two days after the hearing, reads: “Councillor fined for TV licence dodging”.
(a) What legal danger is there in this headline? Explain the relevant law.
(b) Write a headline that would be safe. (15 marks)
Answer:
(a) The legal danger is “fined for TV licence dodging” implies dishonesty, but there might be other reasons rather than intending to using the TV set without a licence, if so then the headline is not accurate and would be sued for libel.
(b) The safe headline would be: “Councillor fined without a TV licence”.
9 Two men appear at a magistrates' court, accused of sexually assaulting boys. The court clerk begins the hearing by checking the defendants' names and addresses with them, and she reads the charges to them. After the court grants both men bail, their solicitors ask the magistrates to make an order under section 11 of the Contempt of Court Act 1981 to prohibit publication of the defendants' home addresses because otherwise. The solicitors argue, the defendants will suffer hostility from the local community. In support of this application, the solicitors quote article 8 of the European Convention on Human Rights.
Assume that you are a reporter at this hearing, and that you draft a note to the magistrates to object to such an order being made. In the note, what would you state about:
(a) the circumstance in which a section 11 order can be imposed, and
(b) the European Convention on Human Rights? (20 marks)
Answer:
(a). Section 11 order is an order whereby the court can extend a courtroom ban on the use of someone's name or other details to prevent publication of that information by the media. Only to be granted:
(1) where necessary; (2) to avoid frustrating or rendering impractical; (3) the administration of justice; (4) not for the comfort and convenience of the defendant;
(5) cannot be used unless name and/or address has already been withheld from the public in the case.
Typically the order is used to protect blackmailed victims; protect national security, state secrets by not revealing alleged betrayal's identity; as well as forbidding reports of the case publishing the data or process details.
(b). According Article 8: Right to respect for private and family life, it includes two items, though the first one states: everyone has the right to respect for his private and family life, his home and his correspondence.
The second item then emphasizes that certain conditions are exceptions, such as “the interest of national security, public safety or the economic well-being of the country, prevention of disorder or crime,protection of health or morals, and the rights and freedoms of others”.
10. (1) Give one example of circumstances in which a court might exercise its power under Section 4 of the Contempt of Court Act 1981 to postpone media reports of all or part of a particular case.
Answer:
For example, a judge could order that no report of the first trial should be published until the second trial is concluded:
If a defendant, or several defendants, are to be dealt with in more than one rial, media reports of the first trial in the series – for example, concerning alleged smuggling of heroin – could arguably if published contemporaneously, and especially if any defendant is convicted, influence people who read such reports and who are then selected as jurors for the next trial in the series, which could concern different allegations of drug-smuggling against the same defendant(s).
The jury in the second trial, because of the principle of the presumption of innocence for defendants, may well be told nothing in the second trial about the earlier trial.
Yet if a juror in this trial remembers media reports of the first, he/she may be more likely to find defendant guilty, in that it will be clear that the defendant has featured in more than one drugs case.
In addition, in order to subject to such an order, other requirements should be met: (1) fair;(2)accurate; and (3) contemporaneous report of court proceedings held in public; (4)in good faith (meaning of good faith yet to be tested).
If in a particular case no such postponement order is made, but a media organisation is later accused of being in contempt because it published a report of the case, Section 4 provides a defence to such a charge of contempt.
Detail the requirement of this defence, as regards what the media can safely publish.
Answer:
Section 4 of the Contempt Court Act states: (1) fair;(2)accurate; and (3) contemporaneous report of court proceedings held in public; (4)in good faith (meaning of good faith yet to be tested). As long as the above requirements are met, the media can safely publish the report.
During a Crown Court trial involving several defendants, the jury is sent out of the courtroom because judge needs to hear barristers argues a legal point about what evidence should be admissible. Reporters and the public are allowed to stay in the courtroom. The judge makes no postponement order under Section 4.
Can the media publish, before the jury's verdicts are announced, a report of these legal arguments? Explain your conclusions. (30 marks)
Answer:
If the media covering the case were then to publish, before the verdict stage is complete, a report of that discussion, this could lead to the trial being aborted – if the jury thereby gets to know of that matter.
Yet the judge may not make a section 4(2) postponement order in respect of matter discussed in court in the jury's absence, because he/she expects the media to realise that it should not be published prematurely.
11. A newspaper reports that a man released from prison only last month, admits three charges of burglary and asks for three further offences to be taken into consideration when he appears before magistrates. The chairman announces that because of the man's record, they have decided to commit him in custody to Crown Court for sentence.
Do reporting restrictions under the Magistrates' Court Act 1980 apply to this story? State your reasons.(10 marks)
Answer:
As the Magistrates Court has committed him in custody to Crown Court for sentence, 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).
12. The first two sentences of a court story read: -
A window cleaner went to jail for two years yesterday when he admitted theft.
At downtown Crown Court, John Smith, (45) of Nicholson Grove. Callender, was given a two-year suspended sentence.
What is inconsistent in this story? Explain your conclusion.
Answer:
(b) A man facing three charges of burglary is jailed for six months, twelve months and eight months, the sentences to run concurrently. How long does he actually serve?
Answer:
The man should serve for 12 months in total.
(c): Community order
Absolute discharge
Conditional discharge
Answer:
Community order: To carry out the requirements of the court including unpaid work for community under direction of a probation officer or a youth offending team (could include curfews or drug or alcohol treatment).
Absolute discharge: no punishment other than the fact of the conviction is necessary.
Conditional discharge: not immediately imposed or specified any punishment, but if defendant commits any further offence within the period laid down by the court, he is liable to be punished for first offence as well as the subsequent conviction.
13. How does the law restrict photography or sketching in and around a court and publication of such a photograph or sketch?
Answer:
Under Section 41 Criminal Justice Act 1925, it is illegal: (1) to take or attempt to take any photograph of ; (2) or make or attempt to make – with a view to publishing it – any portrait or sketch; (3) any person in any court, its building, or its precincts; (4) or of any person while they are 'entering or leaving' a court building or its precincts; (4) the publication of any such photo (or film), portrait, or sketch is also prohibited, as an offence in itself; (5) The Act does not define what 'precincts' are, and this has caused practical difficulties of interpretation.
The 1925 Act has been extended to cover television in court.
Photos, particularly where identity is in issue, could also be contempt.
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