NCTJ -Media Law – Terminologies Exam

NCTJ -Media Law – Terminologies Exam 'summary proceedings' - answerHearings in which magistrates try or sentence defendants What is an 'either way' offence? - answerDefendants can either be tried in magistrates or crown court What is an 'indictable' offence? - answerThe most serious crimes which begin in magistrates then the case is 'sent' to crown court What is a 'summary offence'? - answerThe most minor offences which are dealt with by magistrates. Define 'tort' - answerA civil wrong for which damages may be awarded. Contempt of court is a 'strict liability' offence. What does this mean? - answerMedia organisations can be prosecuted for creating a 'substantial risk of serious prejudice', whether or not they intended to create such a risk. Which section of the COCA 1981 cover strict liability contempt? - answerSection 1 What is strict liability contempt? - answerPublishing material which creates a substantial risk of serious prejudice or impediment to 'active' proceedings. It does not have to be proven that the media organisation MEANT to create such a risk-publisher's motives are irrelevant. What is common law contempt? - answerMaterial which creates a substantial risk of serious prejudice to legal proceedings which are imminent or pending. Has to be proved that there was an intent to create such a risk. Applies to material published before proceedings become active. What does the COCA define 'publication' as? - answerAny writing, speech, broadcast or any communication addressed to any section of the public including websites. When is a criminal case active? (5) - answer-When a person has been arrested -When an arrest warrant is issued -When a summons for arrest is issued -When a person is charged orally for a crime -Or a document specifying their charge is served When is a criminal case NOT active anymore (5) - answer-When the person is released without charge -When no arrest is made within 12 months -When the defendant is acquitted or sentenced -When the defendant is found unfit to be tried -When the case is discontinued Why is there a lower risk of contempt once an appeal has been lodged? - answerAlthough an appeal means that the case is active again, jurors very rarely hear appeals (unless it's a re- trial) and therefore, there is less of a risk of prejudicing a jury. What must reports of a trial be? (3) - answerFair, accurate and contemporaneous What kind of material is prejudicial during a trial? (5) - answer-Mention of previous convictions -Suggestion of dishonesty or bad character -Anything that connects them directly to the crime -Any suggestion of guilt -Photographs or descriptions of the defendant What kind of material is okay to publish during a trial? (4) - answer-Basic details of the crime -Name and charge of the accused -Basic background about the defendant (Non-prejudicial information only) -Tributes, memorials and funerals What should happen to police appeals following the arrest of the wanted person? - answerThe information given by police should be removed and not repeated because the arrest warrant and subsequent arrest means that the case is active. What is the 'fade factor'? - answerThe fade factor recognises that the public will have probably forgotten the details of the crime in its early stages. What must online providers do in order to avoid contempt? (3) - answer-They should take down their sidebars pointing users towards older stories. -They may choose to remove the material altogether. -They should be wary of allowing reader's comments which may be prejudicial.