Media Law lecture -- Court Reporting cont'd
November 14, 2011
Questions from last week:
- Section 39 order — to surpress publication about details of a youth. Automatic ban in Youth Court.
- PACE — Police And Criminal Evidence Act; fundamental piece of legislation concerning police powers. How suspects, evidence, etc. should be approached, how police can require media organizations to disclose material to be used as evidence.
- Redaction — to remove parts of a document, whether for privacy, national security, etc.
- Watershed — the time during which it’s assumed children no longer watch and more adult material can be shown. 9 pm and 5:30 am
- Newton hearing — a trial where a judge tries to ascertain which party is telling the truth.
For next week:
- What is a §4.2 order?
- What is a §11 order?
- What is a §46 order of the Youth Justice and Criminal Evidence?
- What is the spy catcher principle?
- Look at the definition of public interested in the PCC editor code and Ofcom Code of Practice
Ban under §8 preventing soliciting, publishing or broadcasting the deliberations of a jury, even after a trial has finished.
- Cannot ask a juror why they made their decision.
- Anything said in a jury room remains under wraps.
- Juries instructed to listen to the evidence as presented and not sleuth around the on Internet
Case of a juror talking to a defendant via Facebook
- Got 8 months for contempt of court
Since Sept. 2010, judges can allow tweeting in court
- Can tweet in court, but have to get permission of judge via judge’s clerk
- Must fairly and accurately report; viewed as a form of notation and with same contempt of court issues.
Open justice principle
- Justice must be seen to be done, instead of simply being done.
- R v.Felixstowe Justices (1987) — decided press are the eyes of the public and needs to be present in court.
Scott v. Scott (1913) — starting point of open justice
- Divorce case, woman had disclosed what had went on in the private proceedings.
- Press argued proceedings were not private. “Publicity is the very soul of justice.”
In re S (a child) (2004)
- Mother charged with murder of child via salt poisoning
- Other child placed in care; application made on behalf to stop reporting of case.
- Lord Bingham: “A criminal trial is a public event … full contemporaneous reporting of criminal trials promotes…” public confidence in the courts system
- Even though reporting may case embarrassment to parties, is secondary to courts remaining open. Natural consequence to trial process.
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