Keeping out courts W4

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When are 'backgrounders' posted?
Usually published after conviction but before sentencing
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What is Section 3 of the Contempt of Court Act 1981?
"A journalist having taken all reasonable care did not know and had no reason to know that proceedings were active"
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What does the Contempt of Court Act 1981 say about the media assisting police appeals for help
There is no defence for the media when assisting police in a wanted person appeal once a warrant has been issued.
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What does the media have that allows them to assist police in their appeals?
Has the Attorney-General's assurance before arrest of wanted person that provided they are assisting the police in reasoned terms, there should be no fear of prosecution
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What is Section 5 of the Contempt of Court Act 1981?
"A publication made as, or part of, a discussion in good faith of public affairs on matters of public interest will not be treated as contempt under the strict liability rule where the risk of prejudice or impediment is merely incidental to the discussion
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When is the risk of contempt increased in civil law cases?
The risk is higher when there is a jury or witnesses called.
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What is Section 4(2) of the Contempt of Court Act 1981?
Temporary postponement of reporting for all or part of proceedings for as long court feels necessary to avoid a substantial risk of prejudice in the administration of justice un these proceedings or others pending/imminent.
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What must be made clear if Section 4(2) of COCA is put through?
Duration of order and what is banned must be made clear
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What is Section 11 of the Contempt of Court Act 1981?
That a name or any other matter "in connection with the proceedings" should not be included in a media report forever as the administration of justice requires it.

Victims in blackmail cases for example.
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What is Section 20D of the Juries Act 1974
It is an offence to speak or to disclose information about any statements made, opinions expressed, arguments advanced or votes cast by jurors in the course of jury deliberations.
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What is Section 41 of the Criminal Justice Act 1925?
Illegal to:

Make portrait or sketch in court with a view to publication

Take any photograph or film or to sketch or to make any portrait of any person while they are entering or leaving the court or its precincts

Publication of any above also prohibite
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What is Section 9 of the Contempt of Court Act 1981?
Illegal to use or take into court an audio recorder and to publish such recordings

(Except with court permission)
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Because of Covid-19 what Act allows livestreamed courts?
Section 85A Courts Act 2003
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What is Section 85B Courts Act 2003?
Makes it an offence to record or attempt to record any sound or image without courts permission. This includes screenshots and stills.
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What three other things does Section 85B Courts Act make illegal?
Illegal to broadcast such transmission
Illegal to film/record/photo anyone viewing or listening to the transmission
Includes taking a selfie/videoing/recording someone else doing that
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Can a journalist tweet in court?
Yes if silent and unobtrusive

No pictures, no comment just factual reporting
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What is Section 49 of the Children and Young Persons Act 1933?
ID Ban of Juveniles in youth courts
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What do ID Bans generally ban?
Name
Address
School / workplace
Still / moving picture
Any other detail that leads to jigsaw identification
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What is clause 9 of the IPSO editors code?
Editors should generally avoid naming children U18 after arrest for a criminal offence but before they appear in youth court unless name is in public domain
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What is Section 45 of the Crime Sentences Act 1997?
The youth court can lift the legal restrictions after conviction if it is in public interest
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What is Section 39 of the Children and Young Persons Act 1933?
ID ban of juveniles concerned in civil law proceedings
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What is Section 45 Youth Justice and Criminal Evidence Act 1999?
Discretionary ID ban on juveniles concerned in criminal courts other than youth courts

(Juveniles concerned in adult crown/magistrates proceedings)

Lasts till 18
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What is Section 45A of the Youth Justice and Criminal Evidence Act 1999?
Any criminal courts (including youth courts) can impose discretionary lifetime ID ban on Juvenile witness/victim/alleged victim in fear or distress of being identified as being concerned in active proceedings.
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What is Section 13 Education Act 2011?
Teachers charged of any criminal offence against a pupil at school where they teach receive lifelong anonymity unless they are charged
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Why do teachers remain anonymous?
Due to false allegations pupils may make
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When is anonymity lifted under Section 13 Education Act?

3 scenarios...
When

1) Media/police apply in interest of justice
2) Teacher consents / they identify themselves
3) Secretary of state for education names the teacher
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Other cards in this set

Card 2

Front

What is Section 3 of the Contempt of Court Act 1981?

Back

"A journalist having taken all reasonable care did not know and had no reason to know that proceedings were active"

Card 3

Front

What does the Contempt of Court Act 1981 say about the media assisting police appeals for help

Back

Preview of the front of card 3

Card 4

Front

What does the media have that allows them to assist police in their appeals?

Back

Preview of the front of card 4

Card 5

Front

What is Section 5 of the Contempt of Court Act 1981?

Back

Preview of the front of card 5
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