Keeping out courts W5

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What is the ECHR?
European convention of human rights
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What article can the court use of ECHR to ban ID in media reports?
Article 8
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What is Section 46 of the Youth Justice and Criminal Evidence Act, 1999?
For all adult witnesses in fear or distress about being identified as concerned in proceedings in criminal courts

Not for defendant
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What is Section 1 of the Sexual Offences (Amendment) Act 1992?
ID Ban...

Once an allegation is made of a sexual offence, no matter must be published during lifetime if it leads to identification of complainant.
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What did the Sexual Offences Act 2003 do?
Widened the ban in Section 1 1992 to more offences like grooming and voyeurism
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What is the Modern Slavery Act 2015?
ID ban...

For any victims / alleged / intended of sexual or non sexual human trafficking offences
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What is the Female Genital Mutilation Act 2003?
ID ban...

Lifetime anonymity to alleged/intended/actual victims of FGM or victim to a charge of aiding/abetting/counselling or procuring FGM.
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What is Schedule 6A of Anti Social behaviour and crime and police Act 2014?
ID Ban...

Automatic lifetime anonymity for intended, alleged or actual victims of forced marriage.

Also for victims of charges in conspiracy to, aiding, abetting, counselling, procuring, encouraging or assisting in FM
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What are the 5 circumstances where ID restrictions can be lifted?
Complainant is dead
Defence applies for restrictions
Media apply for lifting
Complainant is charged with false allegation
Complainant gives consent
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What is Section 33 of the Criminal Justice and Courts Act 2015?
Offence to disclose a private sexual photograph or film without consent of the person depicted with intent to cause distress
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Is there an ID ban for revenge ****?
No anonymity under law but ethically editors do not identify to spare humiliation.
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Is there a criminal law restricting filming and photographing in public places?
No.
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Do police have power to order deletion of pictures at scene?
No.
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What does Section 19 of the Police and Criminal Evidence Act 1984 (PACE) say about photos and videos?
Police can only seize film/photo if you have filmed evidence of a crime that they require
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What may a journalist be able to do if movement is totally restricted by police?
Sue for false imprisonment
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What is Section 137 of the Highways Act?
Makes it an offence for someone without lawful authority to wilfully obstruct free passage along the highway

Gives police power to arrest journalists in public places who fail to move on
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Define a Tort
A tort is a civil wrong for which monetary damages can be awarded.
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Define 'trespass to goods'
Wrongful interference with goods that are in possession of another
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Define aggravated trespass
A criminal offence committed by entering land where a lawful activity is taking place and doing something intended to intimidate/disrupt or obstruct that activity
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What is Section 89 of the Police Act 1996?
Makes it an offence to resist or wilfully obstruct a constable in the execution of his duty or a person assisting a constable in the execution of his duty
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What is a production order?
Where police apply to a circuit judge for journalistic material to be handed over where likely to be of substantial help with a serious offence and in public interest
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What law do police use under production orders?
Police and Criminal Evidence Act 1984
(PACE)
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What does PACE 1984 say police must do before asking a circuit judge?
Police must've tried to get the material in a different way first and attempt must've failed
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Other cards in this set

Card 2

Front

What article can the court use of ECHR to ban ID in media reports?

Back

Article 8

Card 3

Front

What is Section 46 of the Youth Justice and Criminal Evidence Act, 1999?

Back

Preview of the front of card 3

Card 4

Front

What is Section 1 of the Sexual Offences (Amendment) Act 1992?

Back

Preview of the front of card 4

Card 5

Front

What did the Sexual Offences Act 2003 do?

Back

Preview of the front of card 5
View more cards

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