Covering the Courts

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Bans the publication of anything likely to lead the public to identifying a victim or alleged victim of FGM, or offence counselling FGM or failing to protect a girl from FGM
Female Genital Act 2003
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The court can lift a section 49 ID ban on a juvenile who is unlawfully at large
Criminal Justice and Public Order Act 1994
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Allows media to identify a victim or alleged victim without the courts permission. The victim must give written consent, be over 16 years, and not have their peace and comfort of mind disturbed
Section 5 Sexual Offences (Amendment) Act 1992
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The defendant can apply for an ID ban lift on victim if defendants case would be seriously prejudiced. Or court can lift ban if it would impose a substantial and unreasonable bar on media reporting and if it is in the public interest
Section 3 Sexual Offences (Amendment) Act 1992
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An alleged victim of a sexual offence can be identified in reports where the charge is not a sexual offence
Section 1.4 Sexual Offences (Amendment) Act 1992
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This act widened the range of sex offences for which victims get anonymity
Sexual Offences Act 2003
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Once an allegation of a sexual offence is made it is illegal to include any material which is likely to lead to the identification of the (alleged) victim of the offence for their whole lifetime. This does not apply to dead victims
Section 1 Sexual Offences (Amendment) Act 1992
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Youth court can lift a section 49 ID ban on a convicted juvenile in the public interest after hearing both sides of the case and from the media
Section 45 Crime Sentences Act 1997
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Youth court can lift a section 49 ID ban on a juvenile to avoid injustice
Children and Young Persons Act 1969
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Public are not allowed in youth court but bona fide media representatives of news agencies can attend on public behalf
Section 47 Children and Young Persons Act 1933
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ID ban on reports of juveniles at youth court
Section 49 Children and Young Person Act 1933
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Lifetime anonymity if juvenile victim or witness is in fear or distress. This is never to be used on the defendant
Section 45A Youth Justice and Criminal Evidence Act 1999
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Lifetime anonymity if the witness is in fear or distress. Never to be used on the defendant. This is for adults only
Section 46 Youth Justice and Criminal Evidence Act 1999
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A discretionary ID ban on juveniles at Magistrates, Crown or Coroners court. This lasts until they are 18 years of age and the juvenile must be concerned in proceedings
Section 45 Youth Justice and Criminal Evidence Act 1999
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The claimant has to show your story has caused or could cause serious harm to their reputation because of your publication. You're protected by absolute privilege if it is fair, accurate and contemporaneous or stated that its an opinion piece too
Defamation Act 2013
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Does your story cause the complainant to be shunned, avoided, lowered in eyes of right thinking people, exposed to hatred or ridicule, disparged in their profession
Defamation Act 1952
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The court has the power to ban reporting to the public of a name or other matter in connection with court proceedings. The ban is indefinite unless court revokes it
Section 11 Contempt of Court Act 1981
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It is illegal ot use or take into court to use any audio recording device without court's permission. Also illegal to broadcast or play audio of court proceedings to any members of public
Section 9 Contempt of Court Act 1981
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The court can impose a temporary postponement order if it appears necessary to avoid substantial risk of prejudice to the administration of justice in any proceedings, so reports in part or full are postponed for any period
Section 4 Contempt of Court Act 1981
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Protects publications that are made in good faith as long as it is fair, accurate and published contemporaneously. This is contempt protection only
Section 4.1 Contempt of Court Act 1981
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Any publication that poses substantial risk of serious prejudice or impediment once proceedings are active in the UK will be treated as contempt regardless of intent
Contempt of Court Act 1981
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Lists what you can report from a preliminary hearing to avoid prejudice at later stages
Section 52A Crime and Disorder Act 1998
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Everyone has the right to a fair and public hearing
Article 6 The Human Rights Act 1998
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Freedom of expression and right to impart information
Article 10 The Human Rights Act 1998
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Magistrates may bar reports for 12 months of speeches in mitigation if there is substantial grounds for believing that something derogatory about a persons character is false/irrelvant
Criminal Procedure and Investigations Act 1996
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Gives everyone the right to information about an ongoing case or one concluded up to 6 months ago in a verbal request, without explanation why you need the info
Rule 5.8 Criminal Procedure Rules
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Prohibits taking photos and sketches in court and its precincts. It is also illegal to pulishing such photos. The court artist must sketch away from the court from memory
Section 41 Criminal Justice Act 1925
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Gives media the right to appeal to the Court of Appeal on Crown Court orders
Section 159 Criminal Justice Act 1998
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Permits some broadcasting at judges discretion but under the criminal procedure rules you must apply to the court, notify parties you are asking to record and state why you want to record/publish recording. Court must consider any reasonable need
Crime and Courts Act 2013
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It is illegal to obtain, solicit or disclose any detail of statements, opinions, arguments or votes cast by members of a jury in delliberations. The ban applies whether you identify the juror/case or not
Section 20D Juries Act 1974
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A jury is needed at Coroners if: violent/unnatural death, death in prison/custody/detention, death caused by safety threat to public, death by an act of omission by police officer in the execution of their duty, coroner calls a jury
Coroner and Justice Act 2009
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All inquest hearings must be heard in public but allows all or part of an inquest to be heard in private in the interests of national security
Rule 11 Coroners (Inquest) Rules 2013
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Coroner may take written evidence if it is unlikely to be disputed with or witness has good reasons to be unable to attend. Coroner must state name of witness and announce the nature of written evidence
Rule 23 Coroners (Inquest) Rules 2013
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Defines treasure as a found object (not single coin) that's more than 10% gold/silver and at least 300 years old. Or 10 or more coins, whatever content that is over 300 years old
Treasure Act 1996
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Enquiries should be made with sympathy and discretion and publication handled sensitively but not restricting right to report
Clause 4 (Intrustion into grief or shock) IPSO Editors Code
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When reporting suicide, to prevent simulative acts, care should be taken to avoid excessive detail of the methods used while taking into account medias right to report legal proceedings
Clause 5 (Reporting suicide) IPSO Editors Code
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A defendant must get bail unless the court has substantial grounds for believing they will commit further offences, abscond or interfere with the course of justice
Bail Act 1976
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Police can arrest you without a warrant after applying the necessity test - if the arrest is important in relation to circumstances of case and needs of investigation
Serious Organised Crime and Police Act 2005
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Allows police to hold terrorist suspects in custody without charge for 14 days
The Terrorism Act 2000
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Sets out the length of time that a suspect can be detained in police custody after arrest before being charged or released. 24 hours for most offences, 36 for more serious, up to 96 upon application to Magistrates Court
The Police and Criminal Evidence Act 1984
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States matrimonial and civil partnership proceedings are to be heard in public
Family Procedure Rules 2010
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Anyone speaking in Houses of Parliament or UK court proceedings has absolute privilege
Common Law and Bill of Right 1688
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One journalist can stay whereby everyone else are excluded from a proceeding when a vulnerable or intimidated witness is giving evidence
Section 25 Youth Justice and Criminal Evidence Act 1999
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Magistrates must sit in open court unless circumstances under statute law allows them to sit in private
Section 121 Magistrates Court Act 1980
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Section 5B Criminal Practice Directions
Reflects the right to any opening notes, writing submissions and skeleton arguments which is used in court and should be made available to public or journalists in discretion of the court
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Gives right to access documents by non-parties including journalists to the statement of the claim - including claim form, details of claim and counter claim/defence
Civil Procedure Rules
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Other cards in this set

Card 2

Front

The court can lift a section 49 ID ban on a juvenile who is unlawfully at large

Back

Criminal Justice and Public Order Act 1994

Card 3

Front

Allows media to identify a victim or alleged victim without the courts permission. The victim must give written consent, be over 16 years, and not have their peace and comfort of mind disturbed

Back

Preview of the front of card 3

Card 4

Front

The defendant can apply for an ID ban lift on victim if defendants case would be seriously prejudiced. Or court can lift ban if it would impose a substantial and unreasonable bar on media reporting and if it is in the public interest

Back

Preview of the front of card 4

Card 5

Front

An alleged victim of a sexual offence can be identified in reports where the charge is not a sexual offence

Back

Preview of the front of card 5
View more cards

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