“If in doubt leave it out!” (ref.3)
To understand better how law affects journalists it is essential to know the risks of Prejudice and Contempt that comes with reporting the courts or any other cases that could potentially have legal issues. Risk of prejudice leads to a contempt. “When covering crime stories, there are defamation dangers, because of libel risk in indentifying, prior to any charge/summons/requisition, anyone as being suspected of, or under investigation for, a crime.” (ref.1) Contempt follows from prejudicing court preceding that is why it is crucial that journalists make judgments as the story unfolds, and there are contempt of court dangers because an arrest have been made, or a charge/summons or an arrest warrant that would make a case ‘active’ under the Contempt of Court act 1981. (ref.1)
Essential rules for reporters are that our reports must always be fair, accurate, contemporaneous (can’t report without a delay, within a next deadline of the publication) an when reporting the courts have no recording equipment as only pen and paper are allowed to the court gallery (only shorthand and notes are available).
Before the trial is announced, as journalists, we can use more material (video for example), when a potential offender we can still keep some of the material for reporting. When the right offender is found and the time of court trial is announced journalists are automatically limited, less detail allowed no more usage of material from before (when the case was in the middle of researching for the offender), all that is due to the risk of Prejudice being made before the trial. As soon as the trial ends the journalist still have to wait till the verdict is announced. At this stage all previous material (article, pictures, video) has to be taken off as the case can still be active. (ref.3)
The case is legally ‘active’ beginning of the moment when the police make an arrest, issue of an arrest warrants; Magistrates issue a summons and most definitely when a person is charged. As soon as any of the above appears on the agenda the journalist is in danger for Prejudice and in risk of Contempt of Court.
To read more on reporting restrictions at the Crown court for example read Criminal cases in the Crown court and what can we and cannot report from the Crown court - McNae’s 20th edition - here
Within the CONTEMPT OF COURT Act 1981 publication of any material which might prejudice a fair trial; reporting opinions expressed by jurors; anything which interferes with the course of justice; any breach of a court order. (ref.2)
Committal/ preliminary proceedings restricted to avoid prejudicing potential jurors.
No details of actual case circumstances may be reported. Only: Name & age; Address & occupation; Charge(s); Date & place of Crown Court hearing; Bail & legal aid conditions; Names of counsel. (ref.2) If we know that a person is held by a police, they have 24 hours for questioning which can be then extended to 12 hours by a senior officer. Further 36 hours can be allowed for the person to be kept if Magistrates agree and it should not be extended over 96 hours, except in terror aspects which can allow 28 days for the person to be held. Most prosecutions are the responsibility of a local department called the Crown Prosecution Service (CPS). If for example a suspect is not charged but the police want more time to complete investigations, the person can be given police bail to return to a police station at a later date. (ref.1)
“Guidelines issued to police by the Association of Chief police Officers (ACPO) state that generally people under investigation should not be named to the media prior to any charge but that some details, e.g. that the person is ‘a 27 year old man from Brighton’, may be released, provided they do not identify the suspect.” (ref.1) Also the Queens’s Bench Divisional Court ruled in 1991 that “press has no automatic right to be told by the police the name of a person being investigated or who has been charged with a criminal offence (R v Secretary of state for the Home Department, ex p Westminster press Ltd [1991] The Times 18 December).” (ref.1)
“Reporting restrictions under the section 8 of Magistrates’ Courts Act 1980 apply to media reports of a case’s preliminary hearing(s) in the magistrates court if the case has potential for jury trial.” (ref.1)
Pre-trial report (before anything that involves jury), can hold seven crucial points: names of defendants, ages, addresses, occupation; charges faced or a close summary; name of court and magistrates’ names; name of solicitors or barristers present; date and place where the case is to be adjured (ref.3)
The key stages at the trial involve: prosecution opening, key prosecution witnesses, defence opening, key defence witness, judges ‘summing up’, jury sent out (deliberation & verdict), sentencing. (ref.3)
If any of the cases involve children or young people it is important for a journalist to remember that juvenile is now legally until being 18 (under 18s generally enjoy anonymity). It is crucial to avoid accidental identification of the juvenile (eg. Schools, public places). Additionally, to the youth powers belong verdicts like detention orders, community detention, parenting order and in the most serious offences the case can even be turned into the crown court. (ref.3) In a youth court case anonymity is bestowed on a juvenile witness.
A criminal prosecution is initiated by a person being charged e.g. at a police station, or by a magistrate issuing a summons or arrest warrant, or by the written charge and requisition procedure. The initial court appearance for someone thus formally accused of crime will always be at magistrates’ court. (ref.1)
Language of courts
Going into a further research it is important for a journalist to know the differences in language when reporting for criminal offences and what to say in civil cases. For example defendants are accused of a criminal offence not at civil one, and at the same time the defendant is prosecuted in a criminal court (we can’t say that the defendant in a county court/with a civil offence is being prosecuted as this language is used for Criminal courts. In criminal courts we have prosecution and in civil that role goes to a claimant who takes a legal action. So as we would say that the defendant is prosecuted (in a criminal case) it civil court we would use a phrase ‘sued for damages’. Further on when announcing the verdict, when the defendant loses the case we would say ‘is found guilty’ (/not guilty if hasn’t committed the crime) whereas in the civil case the defendant that loses ‘is held liable’ (or not liable if hasn’t committed any offence). In Criminal court the court’s order is called sentencing and in civil court it would be simply called either the ‘decision of the court’ or the ‘judges’ decision’. (ref.1)
It is crucial to not only know the language of the courts but also definitions of terms used in courts like for example types of crimes and whether they are indictable-only or either way. More on this subject I show in other article called Definitions of wrongdoing and criminal cases at the Magistrates court from McNae’s ‘essential law for journalists’.
To basic legal principles for a citizen we can easily include the facts like the one that “anyone accused of crime is entitled to the presumption of innocence” (ref.2) - they must be treated as innocent until found guilty in a criminal court. At the same time ‘the standard of proof in criminal cases is “beyond reasonable doubt” or as judges sometimes put it the just must be “sure” that the person is guilty of the crime they are accused of before they can return a guilty verdict.’ (ref.2) Furthermore, trials must be held public and unless there is a strong reason why it shouldn’t like for example a matter of national security, protection of children or identity of rape victims.” Judges must make case each time they attempt to hear a case in private” (ref.2), and such rulings are subject to challenge by the public including press. (ref.2) Also to as a basic citizens’ principle is “the right to have evidence test by jury of peers” (ref.2), in other words evidence-based justice.
On the other hand, if we talk about rules of the criminal court, it is worth remembering that unlike in magistrate courts (no jury except in the case of libel as it happens) in criminal cases jury decides on innocence or guilt. Their decisions are to be statistically correct across section of the population local to the crown court. The team of barristers at the crown court has to prove their case to jury ‘beyond reasonable doubt’ using witnesses. “In rare cases the accused will defend themselves and they have a right to do so.” (ref.2)
Solicitors, on the other hand, are “more general and the name comes from their role in finding the best barrister to defend the accused.” (ref.2)
The judge is there to decide on admissibility of evidence, and advise the jury on points of law, to make sure the court is orderly and runs smoothly as well as to summarize the case for the jury at the end and decide on the sentence once innocence/guilt has been decided by the jury. Important issue for journalists in here is to remember that the danger of contempt of court goes away once a verdict is given and the jury is dismissed.(ref.2).
“There are six crown court areas in England, known as circuits - each has two presiding judges. The Old Bailey in London is the central criminal court. Winchester is another major criminal court and the main court of southern circuit.” (ref.2)
“Crown courts try serious crime, with three types of judges: HIGH court: Mr Justice Smith;
CIRCUIT court: Judge John Smith; CITY CROWN court, ie London, Manchester: Recorder Mr John Smith” (ref.2) Key functions of Crown Courts are to try indictable offences sent for trial by magistrates; deal with cases sent for sentence and hear the appeal.
The civil functions of the Magistrates courts on the other hand are family matters - husband & wife (Press largely excluded); divorce matters (Restrictions on reporting) and child welfare/ supervision (Restrictions on reporting). The Magistrates courts are run by three magistrates or legal professionals and even though there are no judges, they can act as judges AND jury in minor cases, where the maximum penalty is a fine of up to £5,000 or a six month prison sentence.(ref.2) All processing of crime starts at a magistrates’ court. The magistrates can/must do one of three things: administer summary justice where the case is not very serious and also decide on the punishment. A person who pleads not guilty in magistrates’ court can have legal representation and make a case. If they are convicted, they can appeal to crown court. (ref.2)
“An individual citizen can, by the laying of information before a magistrate, initiate a prosecution to seek to prove that someone is guilty of a crime, even if police, the CPS, or any other public prosecuting agency has already calculated there is no or insufficient evidence. This capacity for any citizen to launch such a ‘private prosecution’ is seen as a fundamental right to counter-balance any inertia or partially by police or other such agencies when crime is alleged. “(ref.1)
Last but not least as a journalist you have protection from prosecution for either contempt of court and also from an action for libel because you have qualified privilege (QP).
References:
1. McNae’s Essential law for journalists, 20th edition
2. Media law notes by Chris Horrie from week 2: http://www.winchesterjournalism.co.uk/
3. Media law lecture week 2
4. Crown Prosecution Service: www.cps.gov.uk/legal/index.html
5. Press Complaints Commission guidance note ‘on the reporting of people accused of crime’ www.pcc.org.uk/news/index.html?article=OtA=/
