Media Law: Crown court and appeal courts
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- Created by: Alasdaire
- Created on: 14-02-23 08:39
what do juries do at crown court?
decide if each charge is proven
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what do judges do at crown court?
rule on law and sentence convicted defendants
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who are jurors?
- 12 people aged between 18 and 75
- selected randomly from electoral rolls
- anyone jailed in the last 10 years are barred from being jurors
- selected randomly from electoral rolls
- anyone jailed in the last 10 years are barred from being jurors
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High Court Judge
- sit in high court and crown court
- known as Mr. Justice... or Mrs. Justice...
- wear red robes for criminal cases
- only they can try the most serious offences
- most experienced judge
- known as Mr. Justice... or Mrs. Justice...
- wear red robes for criminal cases
- only they can try the most serious offences
- most experienced judge
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circuit judge
- known as judge...
- barristers for at least 10 years
- part-time judges
- barristers or solicitors who have held 'right of audience' (right to represent a client) at crown court
- known as the recorder...
- barristers for at least 10 years
- part-time judges
- barristers or solicitors who have held 'right of audience' (right to represent a client) at crown court
- known as the recorder...
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lawyers at crown court
- usually referred to as counsel
- barristers do the prosecution and also, usually, represent the defence
- barristers do the prosecution and also, usually, represent the defence
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routes to crown court
cases have come from a magistrate's court or a youth court
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what is the arraignment?
a defendant whose case is sent to a crown court is asked to plead guilty or not guilty to each charge on the indictment so formal pleas can be recorded
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what happens to reporting prior to the jury's involvement?
- potential jurors must not know what was discussed prior to the hearing
- reporting restrictions apply when the jury is not in attendance
- used to avoid prejudice
- prejudicial material includes, defendant's previous convictions or evidence ruled admi
- reporting restrictions apply when the jury is not in attendance
- used to avoid prejudice
- prejudicial material includes, defendant's previous convictions or evidence ruled admi
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what can be reported on?
- the name of the crown court and judges
- the names, ages, home addresses and occupations of defendants and witnesses
- the charges in full or summarised
- the names of solicitors or barristers in the case
if proceedings are adjourned, the date and place
- the names, ages, home addresses and occupations of defendants and witnesses
- the charges in full or summarised
- the names of solicitors or barristers in the case
if proceedings are adjourned, the date and place
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what happens if bail is refused?
if bail is refused it should not be reported why and why prosecution opposed bail or the reasons the judge gave for refusing it
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which types of hearings?
unsuccessful applications for a case to be dismissed, prior to arraignment.
A defendant sent for trial at s crown court may apply to a judge, before arraignment, for it to be dismissed because of insufficient evidence
A defendant sent for trial at s crown court may apply to a judge, before arraignment, for it to be dismissed because of insufficient evidence
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What is a prepatory hearing
- must be held in terrorism cases
- so the judge can rule on case management issues.
- marks the start of the case and is held before the jury is sworn in
- so the judge can rule on case management issues.
- marks the start of the case and is held before the jury is sworn in
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what can a report include when automatic reporting restrictions apply, concerning relevant business information?
- any address used by the defendant for their business
- the name of the business when events happened
- name and address of any firm they were a partner of
- name of any company they were a director
- any working address of the defendant
- the name of the business when events happened
- name and address of any firm they were a partner of
- name of any company they were a director
- any working address of the defendant
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what else can be reported?
it is safe to report pre-trial crown court hearings, neutral descriptions of the court scene and non-prejudicial background facts
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what is the safest course to obey the reporting restrictions?
a journalist should ask the court clerk what type of hearing the judge considers it to be - unless advised it is a pre-trial a journalist should include the categories of the scope of the automatic reporting restrictions
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when do automatic reporting restrictions cease to apply?
- at the conclusion of relevant proceedings
- when it becomes clear no relevant trial is pending
- when it becomes clear no relevant trial is pending
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what does section 71 of the criminal justice act ban?
reporting of any crown court discussion
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how to report the arraignment
if defendants deny the charge, media can report these pleas contemporaneously if there will be just one trial
if there are a mixture of guilty and not guilty a judge may stop publication of some of the information
if there are a mixture of guilty and not guilty a judge may stop publication of some of the information
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procedure in crown court trials
media can report on anything the jury hears but must comply with any additional reporting restrictions
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when does the crown court trial start?
when the jury is sworn in
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when can the judge decide on a majority verdict?
normally it should be unanimous:
- after 2 hours and 10 minutes and failed to reach verdict the judge can decide on a majority verdict:
- 12 jurors = 11-1 or 10-2
- if there was a majority verdict the media should report it as such
- after 2 hours and 10 minutes and failed to reach verdict the judge can decide on a majority verdict:
- 12 jurors = 11-1 or 10-2
- if there was a majority verdict the media should report it as such
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sentencing at crown court
crown courts frequently impose jail terms but have the same range of other sentencing options as magistrates
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life sentences and extended sentences
life sentences are imposed for murder and other serious offences
a defendant convicted of a sexual, violent or terrorism offence can be categorised as 'dangerous' meaning that the judge considers there's a significant risk of them committing again
a defendant convicted of a sexual, violent or terrorism offence can be categorised as 'dangerous' meaning that the judge considers there's a significant risk of them committing again
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journalists can visit prisoners
journalists have the right to visit a convicted prisoner investigating whether there has been a miscarriage of justice
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the supreme court
- highest court in criminal and civil law
- only hears 40 - 50 of the most significant cases a year
- only hears 40 - 50 of the most significant cases a year
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why may someone get a re-trial?
- if a crown court trial convicts someone of interference with or intimidation of a juror
- if new and compelling evidence emerges
- if new and compelling evidence emerges
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when is the crown court used as an appeal court?
defendants can appeal to a crown court if magistrates refuse bail
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the high court
a defendant can appeal to high court on the grounds that a decision was wrong in law
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judicial reviews
hearings which can consider other types of challenge to decisions made by magistrates
the media can use judicial reviews to challenge discretionary reporting restrictions
the media can use judicial reviews to challenge discretionary reporting restrictions
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courts martial
armed forces are subject to UK law even if crime was outside the UK
they are open to public and media
they are open to public and media
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Other cards in this set
Card 2
Front
what do judges do at crown court?
Back
rule on law and sentence convicted defendants
Card 3
Front
who are jurors?
Back
Card 4
Front
High Court Judge
Back
Card 5
Front
circuit judge
Back
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