Media law: Magistrate's courts - the most serious criminal cases

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  • Created by: Alasdaire
  • Created on: 12-02-23 12:16
in a magistrate's court, how is an indictable case processed?
initial phase at magistrate's where decisions on bail and case management may be made

only a crown court can decide on bail in a murder trial
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why would a jury trial take place in a crown court?
if the defendant denies the offence
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when a defendant in a murder trail turns up at a magistrate's, what is it called?
it's a preliminary hearing and is called a 'sending' hearing
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what do the 52A automatic reporting restrictions restrict?
media reports of 'sending' hearings from disclosing information creating risk of prejudice
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types of prejudicial matter
- references to evidence unless encapsulated in charges
- defendant's previous charges
- any material creating prejudice
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what can be published, in a preliminary hearing, under the 52A reporting restrictions?
- name of court and magistrates
- accused's name, age, home address and occupation
- charges in full or summarised
- 'relevant busines information' - in a serious or complex fraud case
- names of counsel and solicitors
- if proceedings adjourned date and
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how do you report denials of guilt and choice of jury trial?
media routinely publish:
- basic protestations of innocence made by defendant
- in indictable - no formal plea is taken at magistrates
- in either-way, defendants are asked how they plea
- that a defendant in an either-way has chosen trial by jury
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how can you report the court room scene?
scene setting information:
- hearing lasted 10 minutes
- what the defendant wore
- 'they spoke only to confirm their name'
- that guards stood at either side of them
- bland material will not cause prejudice
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what background material can be published?
- from sources other than the court hearing is not itself a report of those proceedings
- nothing should be published which creates serious prejudice
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who can be punished if the 52A reporting restrictions are breached?
- proprietor, editor, or publisher
- if published on a website not linked to a newspaper, the person publishing can be prosecuted
- TV or radio broadcasts, the providing body and any person working under the body corresponding to a newspaper editor can be
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when do the 52A reporting restrictions apply?
- a magistrate's court can lift the restrictions
- the restrictions lapse if it becomes clear there will be no trial
- the restrictions lapse after the last trial ends or if the case does not proceed
- contempt and defamation considerations
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a magistrate's court can lift the restrictions
- a request of defendant
- if defendant objects, restrictions may be lifted if in interest of justice
- defendant might want restrictions lifted so solicitor can publicise an appeal for witnesses through a full media report
- once lifted restrictions c
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the restrictions lapse if it becomes clear there will be no trial
restrictions cease to apply if the defendant pleads guilty to each either-way charge faced (and there are no indictable charges in the case)
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the rerstrictions lapse after the last trial ends or if the case does not proceed
- if an either-way case is tried summarily, the restrictions cease to apply at the end of the trial if that is the only one in the case
- if the sole defendant in a case 'sent' the crown court pleads guilty or if they all plead guilty
- if, in either cour
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contempt and defamation considerations
to enjoy section 4 of the contempt of court act 1981, reports must be fast, fair and accurate
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do 52A reporting restrictions apply in allocation hearings?
for as long as an either-way case retains potential for a trial, restrictions apply to reports
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what happens, first, at an allocation hearing?
defendant is asked how they plead
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which two types or case are simply 'sent' to crown court?
a serious or complex fraud case in which the alleged offence is sexual or violent

a child, maybe the alleged victim, is a witness
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Other cards in this set

Card 2

Front

why would a jury trial take place in a crown court?

Back

if the defendant denies the offence

Card 3

Front

when a defendant in a murder trail turns up at a magistrate's, what is it called?

Back

Preview of the front of card 3

Card 4

Front

what do the 52A automatic reporting restrictions restrict?

Back

Preview of the front of card 4

Card 5

Front

types of prejudicial matter

Back

Preview of the front of card 5
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