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NCTJ Preliminary Law Exam With 100% Correct Answers 2024

Standard of proof in a criminal case - CORRECT ANSWER - Beyond all reasonable doubt Standard of proof in a civil case - CORRECT ANSWER - On the balance of probabilities Crown Prosecution Services: - CORRECT ANSWER - Most prosecutions are their responsibility. They are independent of police. What can police reveal about a person arrested for a crime? - CORRECT ANSWER - Usually not their name. But they can release their age and gender, the name of town or city where they live, nature, dat...

EMLR NCTJ - Court structuresMagistrates' - correct answer Appeal route: to High Court for judicial review, or Crown Court for conviction appeals CAN publish: court name; accused's name, age, address and job; relevant business info, names of counsel, bail and legal aid info CANNOT publish: reference to evidence, previous convictions S52A Crime and Disorder Act 1998 - correct answer limits what can be published from a preliminary hearing at magistrates Crown - correct answer Appeal route...

Law NCTJ ExamContempt of Court Act 1981 - correct answer Substantial Risk of Serious Prejudice or Impediment to Active Proceeding What makes a case active - correct answer Warrant Arrest Summons Charge What stops a case being active - correct answer Release (except on bail) No arrest 12 months after warrant Case discontinued Case disposed Defendant Unfit Court orders charges lie on file Public Interest - correct answer Detecting/Exposing crime Protecting health and safety P...

Media Law - NCTJ EMLR AnswersYou work for a specialist magazine which focuses on the new car market. A secretary of a well-known manufacturer calls you up to say the company has produced a prototype of an electric car which can manage 550 miles on a single charge - the highest ever recorded. The secretary passes you internal documents - stamped with the word confidential - revealing how the company has achieved the high mileage as well as designs of the vehicle ahead of its official release in ...

Media Law Case Studies NCTJ EXAMPLE OF CONTEMPT OF COURT - PREJUDICING JURY - correct answer Chris Jefferies v Daily Mirror/The Sun [2011] CJ arrested but never charged with murder. Vilifying headlines next to images of CJ gave impression he could have committed crime. (character assassination) Papers fined £50,000 + £18,000 EXAMPLE OF NO CONTEMPT OF COURT - PROCEEDINGS INACTIVE - correct answer The Sun published a story about Arthur Simpson-Kent confessing to killing ex-EastEnders act...

ML Challenging the courts NCTJ The media's right to be heard: Rule 16.2 of Criminal Procedure Rules: - correct answer A court should not impose a restriction unless each party affected - including media - was present to make representations Rule 16.4, CPR: - correct answer Parties applying for a restriction should give media advance notice Court has discretion to hear applications without notice and without media present Journalists have 24 hours to make representations Making a chal...

NCTJ - Media Law: Contempt of CourtContempt of court definition - correct answer = makes it an offence to publish material which creates a substantial risk of serious prejudice or impediment to legal proceedings which are imminent or pending if it can be proved that there was intent to create such a risk. what is contempt of court? - correct answer when someone interferes with the course of justice by: publishing/broadcasting info which could prejudice a case bringing new info whilst a ca...

NCTJ - Media Law - Court ReportingName the three levels of crimes magistrates courts deal with - correct answer Summary offences - heard by the magistrates Either-way offences - Can stay in Magistrates or go to Crown Court Indictable-only - MUST be heard by Crown court, and usually only have an initial appearance before mags. What are Magistrate's powers? - correct answer Can sentence a person for up to 6 months for a single offence and a total of 12 months for more than one offence *i...

NCTJ - Media Law - Defamation Truth - correct answer (formerly Justification) Must show that the imputation (ie implications/innuendos) conveyed by the statement is substantially true If one or more of the imputations is not shown to be substantially true The defence does not fail if those imputations do not seriously harm the claimants reputation What can the truth defence only be applied to? - correct answer Using the defence can only be applied to statements of fact and not opinion ...

NCTJ - Media Law: Anonymity & Court RestrictionsWhat does Section 47 of the Criminal Procedure (Scotland) Act 1995 prohibit publication of? - correct answer name address school or any particulars which could lead to the identification of any person under the age of 18 who is accused, alleged/the complainer/victim or witness in criminal proceedings. (age is generally fine to mention) What year was Section 47 of the Criminal Procedure (Scotland) Act? - correct answer 1995 Section 46 of...