Media Law & Ethics - Lecture 2, 22/01/14

Reporting Crime;

As a journalist there are many potential legal risks when reporting on stories, the main two being;

• Prejudice - an adverse judgement or opinion formed beforehand or without knowledge or examination of the facts. 
• Contempt - open disrespect or willful disobedience of the authority of a court of law or legislative body. 

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

In the news this week there has been a criminal case regarding the murder of Mikaeel Kular, a three year old boy who went missing and has now been found dead. In this kind of case, the jury are asked by the judge to come to their verdict 'beyond reasonable doubt'. This is why it is essential that no articles are published which are in contempt or have prejudicial content as a member of the jury who could potentially be reading an article could be influenced by what is written. 

The mail has been highlighted for doing so this week by Guardian journalist Roy Greenslade via his blog. The article in question has branded Mikaeel's mother as a 'drinker' and ' a social butterfly' portraying her in a negative light, creating a 'bad character' which breaches her right to a fair trial.

In defence, the mail has claimed that the article is not able to be seen in Scotland, where the trial is taking place. Another possible defence for this article being written is the 'fade factor'. The trial could take place in six months time by then the article would have been forgotten about and would not affect the case. 

Another story that is relevant to the topics discussed in today's lecture is the case of Lord Rennard who has been suspended from the Liberal Democrat party over sexual harassment claims and will not be allowed back into the party until he apologises. Although all 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'.

Rules of detention without charge;

• The police have 24 hours to question.
• Senior officer can extend this by 12 hours. 
• Magistrates can extend this by 36 hours.
• Cannot exceed 96 hours.
• Terror suspect limit is 28 days. 

Pre-trial reports, the seven key points;

• Names of defendants, ages, addresses and occupations.
• Charges faced or the equivalent of a brief summary.
• Name of court and magistrates name.
• Names of solicitors or barristers present.
• Date and place to where the case may be adjourned too.
• Any arrangements regarding bail.
• Whether legal aid had been granted.  

There are three categories of offence;

1. Indictable only - Sentencing in the Crown Courts for serious offences, prison time of 5+ years.
2. Either way offences - This can be heard in either a Magistrates court or a Crown court. 
3. Summary offences - Stays within a Magistrates court. 

The key stages of a trial are;

• Prosecution opening.
• Key prosecution witnesses.
• Defence opening.
• Key defence witnesses.
• Judges summary.
• Jury sent out, deliberation and verdict.

Court reporting rules;

• Contemporaneous (Fast)
• Accurate
• Fair 
• No recording
• Children under the age of 18 are legally juvenile and cannot be named. 

Magistrates powers;

• 6 month jail sentences
• Fines of up to £3,000
• Suspended sentences
• Conditional discharge
• Community orders
• ASBO's