Law Lecture #2

Reporting crime 

It is a busy time for court stories at the moment in the news:

• Mikaeel Kular murder 
• Greenslade’s media blog in the Guardian. ‘surprised this article was published’ - article on the mail on sunday about how Mikaeels mother was a party girl etc. Prejudicial to Rosdeep Kular. 
• Lord Renard (MP) - six women have come forward saying he is sexually harassing them and that he’s always been inappropriate. It won’t be a criminal case as itt has to be beyond reasonable doubt that he has done this crime. 
  Ultimately, they can go to the civil court to seek damages. It is potentially better for them to do this because of balance of probabilities, beyond reasonable doubt that you can convict this person in criminal but in civil you can use balance of probabilities. 

The fade factor - we published an article now, the trial will be taking place in months time, people who will be on the jury by then would of forgotten about what’s been said now. It’s a get out. This may of given the Mail on Sunday a reason to publish this article although it is slightly prejudice. 

In the UK we have open hearings.
Civil standard of proof to win the claim - balance of probabilities

Always use the basics in a news story: *who, what, when, where, why*

Risks with reporting crimes

• Prejudice
• Contempt

When is a case legally active?

• When police make an arrest
• Issue of an arrest warrant
• Magistrates issue a summons
• A person is charged

Detention without charge

• Police have 24hrs to question
• Senior officer can extent by 12hr
• Magistrates can extend by 36hr
• Cannot exceed 96 hrs
• Terror suspect limit - 28 days

Pre-trial reports - 7 points (points the law says that you can say - page )

• Names of defendants, ages, addresses, occupations
• Charges faced or a close summary
• Names of court and magistrates’ names
• Names of solicitors or barristers present
• Date and place to where case is adjourned
• Any arrangements as to bail
• Whether legal aid was granted

Categories of offence

• Indictable offence only: possible sentence of 5 years +
• Either-way: can go to Crown Court or Magistrates

Magistrates powers

• 6 months jail - fines up to £5,000
• Suspended sentences
• Conditional discharge
• Community orders, Binding over

Key stages of trial

• Prosecution opening
• Key prosecution witnesses
• Defense opening
• Key defence witness
• Judges summing up
• Jury sent out, deliberation and verdict

Court reporting rules

• Fair
• Accurate
• Contemporaneous (Fast - publishing it on the first opportunity e.g. online)
• No recording
• Can now tweet?

Children and Young People

• You are legally juvenile until 18