1. In what circumstances may an advocate be allowed to treat a person as a hostile witness? What is the effect of being declared a hostile witness? (10 marks)
Answer:
The circumstances is if a witness appears to be refusing to testify or go back on a witness statement given previously.
The effect is the witness may be asked leading questions by the side who called him.
Example of a leading questions.
2. List what restrictions on identification are applicable if a child or young person:
(a) appeals to Crown Court against a youth court's findings of guilt; appeals to Queens' Bench Divisional Court;
(b) appears on indictment at Crown Court;
(c ) appears at an adult magistrates' court jointly charged with an adult? (15 marks)
Answer:
(a) When a child or young person appeals to Crown Court against a youth court's finding of guilt, Section 49 Children and Young Persons Act 1933 applies.
When appeals to Queen's Bench Divisional Court, as it is part of High Court, section 49 applies.
So anonymity automatically applies that forbids reporting: (I)(1) the name; (2) address; (3) school; (4) photograph, or (5) any particulars likely to lead to the identification. (II) of any child or young person (under 18). (III) involved in the case (whether as defendant, victim or witness).
In addition, jigsaw effect need to be aware.
(b) When a child or young person appears on indictment at Crown Court (adult court), the child can be named unless the court makes a Section 39 Order under Child and Young Persons Act 1933.
If made, you cannot publish: (I)(1) name; (2) address; (3) school; (4) photo; or (5) anything else likely to lead to the identification. (II) of a child or young person (under 18); (III) involved in the proceedings (defendant, victim, witness).
(c ) When a child or young person appears at an adult magistrates' court jointly charged with an adult. Section 39 Order still applies, reporting restriction is the same as (b) answer.
3. A youth court convicts a girl aged 16 of stealing from local shops. The prosecution lawyer then asks the court to impose an anti-social behaviour order on the girl because she is a persistent shoplifter. This lawyer argues that the order should ban her from entering any local shop for a year.
(a) Do any restrictions prevent the media from identifying the girl in a report of the theft case? Explain the law.
(b) Can the media identify the girl in a report of the hearing on whether an ASBO should be imposed on her? Explain the law. (30 marks)
Answer:
(a) As a youth court convicts a girl of stealing goods. Under Section 49 Children and Young Persons Act 1933, anonymity automatically applies that forbids reporting: (I)(1) the name; (2) address; (3) school; (4) photograph, or (5) any particulars likely to lead to the identification. (II) of any child or young person (under 18). (III) involved in the case (whether as defendant, victim or witness).
In addition, jigsaw effect need to be aware.
(b) When the ASBO hearing is made in the Youth Court, it is Bolt-On ASBOs. Section 49 Children and Young Persons 1933 still applies to report of the ASBO hearing, so anonymity automatically applies and the media can identify her. All the restriction see (a) answer.
Reporter cannot report details taken from the criminal trail, nor can he report that the juvenile was convicted of the criminal offence. He can merely report that ASBO was made, its terms and against whom.
However, Anti-Social Behaviour Act 2003 – S49 does not apply to reports of the subsequent ASBO proceedings if ASBO is imposed.
4. If a defendant is found guilty at Crown Court but sentence is postponed what is a newspaper's position in the law of contempt should it wish to publish a background article in connection with the case before sentence is passed? (10 marks)
Answer:
As the sentence is postponed, the proceedings are still active. In this case, newspaper is highly likely to publish a background article which creates a substantial risk of serious prejudice. Such as:
(1)stating that the person arrested is the same person who committed the crime;
(2)Publishing photo, photo-fit or detailed description if identification is in issue and there is going to be an ID parade, or if identification may be an issue at trial – a witness is expected to testify at the trial on such visual identification;
(3)using the word - “murder” it may be manslaughter or an accident;
(4)using detailed witness statements – the witness may feel obliged to stick to the published version of events in court, even if he later realises it was wrong;
(5)previous convictions;
(6)background material/lifesyle; or
(7)anticipating or influencing the verdict.
5. What are the rights to attend the youth court of: -
(a) the public;
(b) the press?
Name the relevant Act of Parliament. (10 marks)
Answer:
Under Children & Young Persons Act 1993 the public cannot generally attend Youth Court.
However, journalists are entitled to attend and report cases there, because section 47 Children and Young Persons Act 1933 states that “bona fide representatives of news gathering or reporting organisation can.”
(6) List details in the following court report which should be deleted to conform to laws in the U.K. The answer must clearly indicate how conclusions are reached.
George William Roberts (42), a plasterer of Ashby Road, Luggtown, has bee remanded on bail by the town's magistrates, charged with voyeurism. The charge says he hid a camera in the bathroom of a 32-year-old ballet teacher.
Bail was conditional on his reporting daily to police and not going to Lake View Road.
Reporting restrictions were not lifted. (15 marks)
Answer:
Because reporting restriction were not lifted, so section 8 Magistrates Court Act ten points applies:
(1) Name, age, occupations, address of the defendant, which the report has given details, are covered by the Court Act; (2) arrangement to bail on adjournment and bail condition, as the reports states, is also covered by the Act; (3) the offences with which the defendant is charged, or a summary of the charge can be reported and the report has given these details.
According to The Sexual Offences Act 2003, (1) from the point of complaint, the newspaper cannot publish anything likely to lead to the identification of the complainant as a victim of such an offence. So anything leads her identification such as name, address, photo or identity of school/college/workplace have to be prohibited.
“The charge says he hid a camera in the bathroom of a 32-year-old ballet teacher” and “not going to Lake View Road” should be deleted because of possibility of revealing her identification.
(2) Restriction applies automatically to grant anonymity for life to a person who complains they are a victim of a sexual offence. So the women enjoys lifelong anonymity.
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