Law lecture #2 Reporting Crime

Risks when reporting Crime

·         Prejudice

·         Contempt

When a case becomes legally active this is when journalists have to be most aware of the potential legal risks that could occur whilst reporting on the case. A case becomes legally active when an arrest is made with the issue of an arrest warrant, magistrates then issue a summons and the person is charged.

In a criminal case such as the murder of Michel Kular, the jury are asked by the judge to come to their verdict ‘beyond reasonable doubt’. This is why it is so important that no articles are published which are contempt/ have prejudicial content as a member of the jury reading an article could be influenced and believe the ‘bad character’ that is reported. The mail has been highlighted for doing so this week by Guardian journalist Roy Greenslade on his blog. This article branded Michel’s mother as a ‘drinker’ and a ‘social butterfly’. As I previously mentioned, this portrays her in a negative light, breaching her right to a fair trial. The mail claimed that the article isn’t able to be seen in Scotland, where the trial is taking place.

Another possible defence for this article being written is ‘Fade Factor’. The trial could be in say 6 months time by which the article will have been forgotten about.

 Another story that has been in the press this week is Lord Rennard who has been suspended from the Liberal Democrat party unless he apologises over sexual harassment claims. Although all his criminal charges have been dropped, a victim could now dispute this in a civil court and he would be judged on the ‘balance of probabilities’.

The rules of detention without charge:

·         Police have 24 hours to question

·         A senior officer can extend this by 12 hours

·         Magistrates can extend by 36 hours

·         Can’t exceed 96 hours

·         Terror suspect limit is 28 days

Pre-trial essential pieces of information to include in court reports (7 POINTS)

·         Names of defendants, ages, addresses and occupation

·         Charges faced/ close summary

·         Name of court and magistrate’s names

·         Names of solicitors/ barristers present

·         Date/ place to where case is adjourned

·         Any arrangements as to bail

·         Whether legal aid granted.

There are three categories of offence:

1.      Indictable only - sentencing in the Crown Court for serious offences, prison 5yrs+

2.      Either way offences - this can be heard in a magistrates or crown court.

3.      Summary offences - stays with magistrates court

The Key stages of a trial are:

·         Prosecution opening

·         Key prosecution witnesses

·         Defence opening

·         Key Defence witnesses

·         Judges summing up

·         Jury sent out, deliberation and verdict

Court Reporting Rules

·         Fair

·         Accurate

·         Contemporaneous (fast)

·         No recording

·         Children under 18 are legally juvenile and so can’t be named

Magistrate’s powers

·         6 month jail sentences/ fines up to £3,000

·         Suspended sentences

·         Conditional discharge

·         Community orders

·         ASBOs