Law in Journalism

Revision for a law exam for journalists
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graceneedsgrades
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Last updated: January 17, 2022
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First submittedJanuary 17, 2022
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A legal jurisdiction in the UK
England and Wales
A legal jurisdiction in the UK
Scotland
A legal jurisdiction in the UK
Northern Ireland
The government department that oversees the courts in England and Wales
Ministry of Justice
Government officer that oversees the Crown Prosecution Services
Attorney General
Acts deemed harmful to society as a whole
Criminal
Disputes between individuals / companies
Civil
In criminal cases, it's (currently) ______ VS the defendant
Regina
In civil cases, it's _________ (or claimant) VS the defendant
Plaintiff
Law based on custom (long held practice)
Common Law
Laws passed by Parliament
Statute Law
Judge's decisions based on their own interpretation of the law (aka precedent)
Case Law
If the law does not adequately address an issue, judges do what is fair
Equity
A civil wrong that causes a claimant loss/harm, results in legal liability
Tort
Category of criminal offence including minor speeding and vandalism
Summary
Category of criminal offence including theft, burglary and bodily harm
Either way
Category of criminal offence including murder, rape and arson
Indictable
Criteria the CPS uses before deciding whether to prosecute (actus reus)
Has there been a guilty act?
Criteria the CPS uses before deciding whether to prosecute (mens rea)
Was there a guilty intention?
Criteria the CPS uses before deciding whether to prosecute
Is there enough evidence?
Criteria the CPS uses before deciding whether to prosecute
Is it in the public interest?
What protects journalist's court reports from libel suits
Absolute privilege
What it must be to benefit
Fair, accurate and contemporaneous
Type of magistrate, sits in threes, voluntary, no legal training
Lay
Who advises them?
Legal clerk
Type of magistrate, sits alone, paid, qualified solicitor / barrister
District Judge
Percentage of criminal cases magistrates deal with entirely
95
Lawyer who proves beyond reasonable doubt the defendant is guilty
Prosecution
Lawyer who proves there is doubt in that claim
Defence
Toughest sentence the magistrates can propose
6 month jail sentence
What you can publish of pre trial hearings (1)
Name of court and magistrates
What you can publish of pre trial hearings (2)
Names, age, address and occupation of defendant and witnesses
What you can publish of pre trial hearings (3)
Charges and summary of them
What you can publish of pre trial hearings (4)
Names of lawyers
What you can publish of pre trial hearings (5)
Decision to commit for trial
What you can publish of pre trial hearings (6)
Which court the defendant will be trialled at
What you can publish of pre trial hearings (7)
Time and place of any adjournments
What you can publish of pre trial hearings (8)
Arrangements for bail
What you can publish of pre trial hearings (9)
Whether legal aid was granted
What you can publish of pre trial hearings (10)
Whether reporting restrictions were lifted
Most junior rank of judge in the crown courts
Recorder
How to address them
Mr/Ms
Middle rank of judge in the crown courts
Circuit
How to address them
Judge
Most senior rank of judge in the crown courts
High Court
How to address them
Mr/Ms Justice
Maximum number of people on a jury
12
Minimum number of people on a jury
9
Case where juries aren't used
Defendant pleads guilty
Case where juries aren't used
Jury nobbling
Case where juries aren't used
Contempt of Court
_________ verdict, there is not a significant jury majority
Unanimous
________ verdict, there is a significant jury majority
Majority
You can't report the jury split if the defendant is found...
Not guilty
Journalists can obtain this from the CPS at the trial's end
Prosecution material
Where can a defendant appeal a verdict?
Court of Appeal
Contempt of Court tries to balance...
Freedom of Expression
with...
Right to a Fair Trial
Legal proceedings become active when...
A warrant is issued for an arrest
Legal proceedings become active when...
A suspect is arrested
Legal proceedings become active when...
A suspect is charged
Legal proceedings become active when...
A summons to court is issued
Legal proceedings become active when...
A document specifying the charge is issued
Legal proceedings stop being active when...
Arrested person released without charge
Legal proceedings stop being active when...
No arrest made for 12 months
Legal proceedings stop being active when...
Case is abandoned
Legal proceedings stop being active when...
Defendant acquitted or sentenced
Legal proceedings stop being active when...
Defendant is unfit to be tried
Legal phrase for what cannot be published
Material that creates a substantial risk of seriously prejudicing a trial
Type of contempt
Breaching court orders and reporting restrictions
Type of contempt
Jury deliberation
Type of contempt
Deliberate contempt
Type of contempt
Strict liability
Defence - you took all care to avoid contempt (section ?)
3
How long do victims of sex offences get anonymity?
Lifetime
A victim can waive their right to anonymity if...
Permission is in writing
A victim can waive their right to anonymity if...
They have done it of their own accord
A victim can waive their right to anonymity if...
They are over 16
If you identify a sex offence victim, you have broken...
Sexual Offences Act
Which section?
1
Which year was the act passed?
1992
Who prosecutes you for that offence?
Attorney General
What is the age of criminality in England and Wales?
10
What act permits journalists to attend youth courts?
Children and Young Person's Act
Which section?
47
Which section imposes anonymity to under 18s in youth courts?
49
Which year was the act passed?
1933
When anonymity is lifted in youth courts
Public interest
When anonymity is lifted in youth courts
Best way to ensure justice
When anonymity is lifted in youth courts
Chasing a juvenile for a serious crime
When anonymity is lifted in youth courts
Juvenile turns 18
In adult courts, under which act can under 18s be given anonymity?
Youth Justice and Criminal Evidence Act
Which section?
45
Which year was the act passed?
1999
The judge can lift anonymity upon...
Conviction
A judge (barrister/solicitor) with 5+ years of experience
Coroner
Quality something needs to legally be treasure
Object that is not a single coin
Quality something needs to legally be treasure
300+ years old
Quality something needs to legally be treasure
At least 10% gold or silver
A death inquest must establish this
Who the deceased was
A death inquest must establish this
How, when and why they died
Type of inquest conclusion, e.g. old age, illness
Natural causes
Type of inquest conclusion, accidental death by law abiding citizen
Misadventure
Type of inquest conclusion, killed themselves
Suicide
Type of inquest conclusion, couldn't figure out the cause
Open
Type of inquest conclusion, they have a story for how it happened
Narrative
Type of inquest conclusion, substance abuse
Alcohol / drug related
Type of inquest conclusion, justifiable killing, e.g. self defence
Lawful killing
Type of inquest conclusion, unjustifiable killing
Unlawful killing
Type of inquest conclusion, road accident
Road traffic collision
Type of inquest conclusion, only applies to babies
Still birth
Which Coroners Rule insists inquests are public
17
Legal definition of defamation
Exposes someone to ridicule, hatred or contempt
Legal definition of defamation
Causes them to be shunned or avoided
Legal definition of defamation
Lowers them in estimation of the public
Legal definition of defamation
Disparages them in their business, trade, office or profession
What must defamation be to be libel, not slander?
Published to a 3rd party
What a claimant must prove to sue for libel
It's defamatory
What a claimant must prove to sue for libel
It refers to them
What a claimant must prove to sue for libel
It caused them serious harm
What a claimant must prove to sue for libel
It's been published to a 3rd party
Key defence set out in the Defamation Act 2013
Truth
Key defence set out in the Defamation Act 2013
Honest opinion
Key defence set out in the Defamation Act 2013
Qualified privilege
Key defence set out in the Defamation Act 2013
Absolute privilege
Key defence set out in the Defamation Act 2013
Public interest
Key defence set out in the Defamation Act 2013
Neutral reportage
Damaging but not defamatory, has been published
Malicious falsehood
Which act sets out privacy law?
Human Rights Act
Which article?
8
Which year was the act passed?
1998
Where should people expect privacy?
Their home
IPSO and Ofcom's criteria for public interest
Exposing or detecting crime
IPSO and Ofcom's criteria for public interest
Protecting public health or safety
IPSO and Ofcom's criteria for public interest
Protecting the public from being misled
IPSO and Ofcom's criteria for public interest
Disclosing failure to comply with obilgation
IPSO and Ofcom's criteria for public interest
Disclosing a miscarriage of justice
IPSO and Ofcom's criteria for public interest
Contributing to public debate
IPSO and Ofcom's criteria for public interest
Disclosing concealment of any of the above
IPSO and Ofcom's criteria for public interest
Freedom of expression
What is a injunction?
Prevents all future publication on the topic
What does a superinjunction do that an injunction can't?
Orders previous publications to be removed
Copyright applies for __ years after the death of the last surviving author (literary, dramatic, artistic or musical work / film)
75
Copyright applies for __ years from the end of the year it was created / released (sound recordings / broadcasts)
50
Copyright applies for __ years from the end of the year it was published (typographical agreements)
25
Valid defence for copyright
Fair dealing
What doesn't this cover?
Photos
Under what convention is copyright protected globally?
Berne
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