Court Reporting and Law
Under article 6 of the 1998 Human Rights Act, everybody is entitled to a
fair trial.
- All suspects can be held for up to 24 hours, however the term can
be extended if:
1. The police superintendent authorises an extension which
allows the suspect to be held in total for 36 hours
2. The Magistrates can also permit an extension allowing the
suspect to be held for 60 hours
The maximum time a suspect can be held is 96 hours, however if being
held for terrorism related charges, then the maximum time is 14 days.
- The court prosecution service are the individuals who decide whether a
suspect should be charged or not.
- Legal aid are the solicitors who are funded by public taxes and represent
suspects for free of charge.
Section 8C of the 1980 Magistrates’ Court Act clarifies the 10 reporting
restrictions in pre-trial hearings - only allowing for the following to be reported:
1. Name of the court / magistrates
2. Name, ages, home addresses and occupation of the defendant
3. The charge
4. Name of solicitors and barristers
5. Any decision of the court to commit the accused
6. If the case is adjourned, and the date and place
7. Any arrangement for bail
8. Whether legal aid was authorised
9. Any decision of the examining magistrates to lift or not to lift reporting
restrictions
Other important sections of the 1980 Magistrates Court Act
- Section 39 - prohibits the identification of under 18s in civil cases as well
as defendants and witnesses
- Section 45 - prohibits the identification of under 18s in criminals cases as
well as defendants and witnesses
- Section 11- prohibits the naming of the defendant in certain cases
- Clarifies that sexual assault victims cannot be named - “the victim who
cannot be named for legal reasons.”
Divisions of the law
- Criminal law deals with offences which harm the greater community and
are considered as being offences against the sovereign. A crown court case will be titled e.g.
R v Smith. R stands for regina or rex depending on whether the monarch is a Queen or king
and R for the offender. Criminal courts have a defendant being prosecuted through the
pleading of guilty or not guilty, and if convicted may be sentenced to jail or the likes of a fine.
1
, - Civil law concerns disputes between individuals and organisations - such as medical
negligence, defamation and copyright. A case like this would be presented in court as for
example Brown v Smith. However, such laws may potentially overlap one another depending
on the nature of the situation. In civil courts, a claimant sues a defendant or respondent who
admits or denies liability. If liable, they’ll be ordered to pay damages. Other civil court cases
may also include divorce, disputes over wills and commercial matters.
Bans on photography, filming, recording and unauthorised transmission
Section 41 of the Criminal Justice Act of 1925 clarifies that it is illegal to:
1. Take of attempt to photograph anybody involved in a court proceeding
2. Produce a sketch with the intention of publication
- “Any person, being a judge of the court or a juror or a witness in or a party to any
proceedings before the court”
- Any individual seen leaving or entering the court
3. Produce footage
Precincts - ‘entering or learning’
The Criminal Justice Act of 1925 does not clarify what defines a precinct
whether it is a café, foyer or corridors within the courthouse as well as
whether outside areas are included in this definition.
In the Royal Courts of Justice in London, journalists standing on the public
pavement frequently film / photograph the judges, defendants, witnesses,
claimants and lawyers entering and leaving the building - this is permitted
unless one individual is not allowed to be published. Furthermore, jurors
cannot be captured.
Artist sketches
The media can publish court sketches, however, they must be produced
outside the court itself, and produced based purely on memory. As a result,
these sketches are often criticised for looking unrealistic and cartoonish.
Photography, filming or portrait
making as contempt of court
Any means of capturing is considered
as being a form of contempt in
common law, as it is considered as being a potential
interference of the admission of justice - for example, done
with intimidation. Furthermore, it is suggested that such
imagery may encourage jurors or witnesses to avoid their
judicial duties, ie, if a photograph is taken of the defendant
being visibly aggressive in court.
Any device capable of capturing a moment in court must be
turned off in a court in order to avoid the occurrence of
defamation.
2
Under article 6 of the 1998 Human Rights Act, everybody is entitled to a
fair trial.
- All suspects can be held for up to 24 hours, however the term can
be extended if:
1. The police superintendent authorises an extension which
allows the suspect to be held in total for 36 hours
2. The Magistrates can also permit an extension allowing the
suspect to be held for 60 hours
The maximum time a suspect can be held is 96 hours, however if being
held for terrorism related charges, then the maximum time is 14 days.
- The court prosecution service are the individuals who decide whether a
suspect should be charged or not.
- Legal aid are the solicitors who are funded by public taxes and represent
suspects for free of charge.
Section 8C of the 1980 Magistrates’ Court Act clarifies the 10 reporting
restrictions in pre-trial hearings - only allowing for the following to be reported:
1. Name of the court / magistrates
2. Name, ages, home addresses and occupation of the defendant
3. The charge
4. Name of solicitors and barristers
5. Any decision of the court to commit the accused
6. If the case is adjourned, and the date and place
7. Any arrangement for bail
8. Whether legal aid was authorised
9. Any decision of the examining magistrates to lift or not to lift reporting
restrictions
Other important sections of the 1980 Magistrates Court Act
- Section 39 - prohibits the identification of under 18s in civil cases as well
as defendants and witnesses
- Section 45 - prohibits the identification of under 18s in criminals cases as
well as defendants and witnesses
- Section 11- prohibits the naming of the defendant in certain cases
- Clarifies that sexual assault victims cannot be named - “the victim who
cannot be named for legal reasons.”
Divisions of the law
- Criminal law deals with offences which harm the greater community and
are considered as being offences against the sovereign. A crown court case will be titled e.g.
R v Smith. R stands for regina or rex depending on whether the monarch is a Queen or king
and R for the offender. Criminal courts have a defendant being prosecuted through the
pleading of guilty or not guilty, and if convicted may be sentenced to jail or the likes of a fine.
1
, - Civil law concerns disputes between individuals and organisations - such as medical
negligence, defamation and copyright. A case like this would be presented in court as for
example Brown v Smith. However, such laws may potentially overlap one another depending
on the nature of the situation. In civil courts, a claimant sues a defendant or respondent who
admits or denies liability. If liable, they’ll be ordered to pay damages. Other civil court cases
may also include divorce, disputes over wills and commercial matters.
Bans on photography, filming, recording and unauthorised transmission
Section 41 of the Criminal Justice Act of 1925 clarifies that it is illegal to:
1. Take of attempt to photograph anybody involved in a court proceeding
2. Produce a sketch with the intention of publication
- “Any person, being a judge of the court or a juror or a witness in or a party to any
proceedings before the court”
- Any individual seen leaving or entering the court
3. Produce footage
Precincts - ‘entering or learning’
The Criminal Justice Act of 1925 does not clarify what defines a precinct
whether it is a café, foyer or corridors within the courthouse as well as
whether outside areas are included in this definition.
In the Royal Courts of Justice in London, journalists standing on the public
pavement frequently film / photograph the judges, defendants, witnesses,
claimants and lawyers entering and leaving the building - this is permitted
unless one individual is not allowed to be published. Furthermore, jurors
cannot be captured.
Artist sketches
The media can publish court sketches, however, they must be produced
outside the court itself, and produced based purely on memory. As a result,
these sketches are often criticised for looking unrealistic and cartoonish.
Photography, filming or portrait
making as contempt of court
Any means of capturing is considered
as being a form of contempt in
common law, as it is considered as being a potential
interference of the admission of justice - for example, done
with intimidation. Furthermore, it is suggested that such
imagery may encourage jurors or witnesses to avoid their
judicial duties, ie, if a photograph is taken of the defendant
being visibly aggressive in court.
Any device capable of capturing a moment in court must be
turned off in a court in order to avoid the occurrence of
defamation.
2
