The crown court deals with the most serious criminal cases and the most famous Crown court is in Central London called Old Bailey. There are three types of judge that sit at the Crown court High court judges, circuit judges and recorders.
A defendant’s case goes to crown court because it has been first of all “sent for trial by magistrates, if it is an indictable charge; (...) committed for trial by magistrates, if it is an either way charge or transferred by magistrates, if it is an either-way fraud case deemed serious or complex, or is an either- way case involving an alleged sexual or violent crime and a child witness; sent for trial by a High Court judge by means of a voluntary bill of inducement; or committed for sentence or been subject to section 70 committal.” (ref.1)
“The purpose of the automatic reporting restrictions is to prevent prejudicial matter aired or decided in these hearings being published in advance of the jury trial.” And under the 1980 Act, section 8 restrictions to reporting from courts ‘any proprietor, editor or publisher’ of a newspaper or periodical can be prosecuted for breach of that act. From recent examples of breaches of section 8, In 2008the publisher of the Jewish Chronicle Newspaper ltd was fined after the paper published such a report, in 1996 Graham Glen, the former editor of The Citizen, Gloucester, and the contents of a report of the first appearance in the magistrates court of Fred West, accused of several murders. In this report even though it reflected the hearing accurately section 8 was breached because it was including a statement made there that West had confessed, to police, to killing on of the daughters, i.e. a reference to evidence. (ref.1)
A defendant at the crown court is asked whether he/she pleas guilty or not in the process of arraignment. When the defendant pleas not guilty there is at least one hearing at the court before the jury is involved. (ref.1)
The restrictions which limit what the media can publish from three types of hearing held prior trial that no potential jurors should be present are: applications for a case to be dismissed, prior to arraignment, ‘pre-trial’ hearings’ and ‘preparatory hearings. (ref.1)
Restrictions limit the reports to few categories of information like the name of the crown court and the judge’s name; names, ages, home addresses, and occupations of the defendants and witnesses; the charges or summary of them/it; the names of solicitors or barristers acting in the case; if proceedings are adjourned, the date and place to which they are adjourned; arrangements as to bail was granted or refused, and, if it was granted any bail conditions and surety arrangements and finally whether legal aid was granted. (ref.1)
There is also a specific set of restrictions applying to media reports of ‘pre-trial hearings’ that are set out in the Criminal procedure and Investigations act 1996, and ”prohibit any publications, before the conclusions of all Crown court proceedings in the case, of what is said in such hearings in: an application of any ruling on the admissibility of evidence or any other question of law, including any such rulings made by the judge and an application for such ruling to be varied or discharged , including any such order made by judge.”(ref.1)
In the protocol of working together with media, CPS website states points in Media Relations; Terms of Reference - Association of Chief Police Officers (ACPO), Crown Prosecution Service (CPS) and The Media:
1. “(...) Our aim is to ensure greater openness in the reporting of criminal proceedings.
2. Our overriding objective is to provide an open and accountable prosecution process, by ensuring the media have access to all relevant material wherever possible, and at the earliest appropriate opportunity.” (ref.2)
3. “Everything that follows is subject to the Data Protection Act 1998 (DPA), the Freedom of Information Act 2000 (FOIA) and Article 10 of the European Convention on Human Rights which guarantees the right to impart and receive information. However we shall strive to interpret these provisions as positively as possible in accordance with the overriding objective in paragraph 1.2.”(ref.2)
4. “CPS policy towards victims and witnesses gives a commitment to treat them with respect and sensitivity and to take all practicable steps to help them through the often difficult experience of becoming involved in the criminal justice system. In the interests of the administration of justice, the views of victims, witnesses and other people directly affected by a case, such as family members, will be given particular consideration when making any decision to reveal or to provide prosecution material to the media. (...)”(ref.2)
5. “A key objective is to achieve effective mutual cooperation. Criminal justice agencies and the media have different roles to fulfill. The primary function of the police is to protect public safety. The role of CPS is to prosecute appropriate cases firmly and fairly. The media's task is to provide the public with information they have a right to, swiftly and comprehensively. (...) ”(ref.2)
7. “ACPO and CPS appreciate the need for speedy decisions about releasing material. Expediting media access to information about prosecutions is an important element of the CPS role. HQ Press Officers and Communications Managers are available in most Areas and they will usually be the first point of contact in post-conviction matters (...).” (ref.2)
8. “For pre-trial issues the police will usually be the appropriate contact point. Local arrangements are generally well established (...).” (ref.2)
When a Crown court trial begins, the media are free to publish immediately a fully what occurs in it when the jury is present in the court room. Until the jury has returned with the verdict in the trial, no report should publish any matter discussed in court, or rulings made. Jury is sworn in a legal oath to try the case according to the evidence. After that “the counsel opens the case, the evidence is outlined and state relevant law. Then prosecution witnesses will give evidence. The sequence of Crown court trial, as regards speeches by lawyers, and questioning, cross-examination and re-examination of prosecution and defence witnesses, is usually the same as occurs in trials conducted by magistrates. “ (ref.1) After all has been heard the prosecuting “counsel in most cases makes a closing speech to the jury, and this is followed by the defence’s closing speech. Further on in the case the judge sums up the case and the jury can go to the jury room to decide on verdict(s). “(ref.1)
At Crown court judges rule on law and decode on punishment, and in trials juries decide whether each charge is proved. Juries can reach a verdict by a majority, but the media should not report the fact that an acquittal was by majority decision. After the verdict has been decided the” defendant convicted at the Crown court can seek to appeal to the Court of Appeal, and thereafter possibly to the House of Lords/Supreme court. “ (ref.1)
The Crown Court can also “act as a court of appeal from magistrates courts, as regards conviction or sentence (...) and the High court is also an appeal court, for certain matters.” (ref.1)
References:
1. All the information is either paraphrased or taken directly from McNae’s, Essential law for journalists, 20th edition
2. http://www.cps.gov.uk/Publications/agencies/mediaprotocol.html
