NCTJ EML and CR Case law questions and answers 2024

NCTJ EML and CR Case lawAn example which shows section 11 CCA anonymity should only be used if there is a 'real and immediate risk' to the person's safety - correct answer Re Officer L (House of Lords) An example which shows section 11 CCA anonymity should not be used to protect the 'comfort and feelings' of defendants - correct answer R v Evesham Justices, ex p McDonagh (Section 11 order quashed in judicial review because it had not been used for a justifiable reason) An example which shows section 11 CCA orders cannot be made to ban name or matter already mentioned in public proceedings - correct answer R v Arundel Justices ex p Westminster Press (High Court in judicial review ruled that magistrates had no power to make such an order because defendant's details had already been given in the public) What two cases should journalists cite when asking a court to supply copies or allow inspection of case material? - correct answer Cape Intermediate Holdings (or Dring. A Supreme Court judgment) and Guardian News and Media (Court of Appeal) What two things should journalists cite on the fundamental principle of open justice? - correct answer Scott v Scott and Article 10 (of ECHR) An example of when journalists successfully challenged a section 46 Youth Justice and Criminal Evidence Act anonymity order - correct answer 2007 Kingston Crown court (Judge lifted an anonymity order it after the Newsquest pointed out that the defendants knew the witnesses, whose identities were already in the public domain as they had previously been named in open court) An example of when the public interest justification was used to lift Section 45 Youth Justice and Criminal Evidence Act anonymity - correct answer R v Aziz (Judge lifted an anonymity order due to application from journalists after Aziz was convicted of rape and murder. Aziz's barristers appealed this decision but the Court of Appeal upheld the judge's decision) An example which shows there must be a good reason for a section 45 Youth Justice and Criminal Evidence Act anonymity order - correct answer R v Lee (Lord Justice Lloyd pointed out the deliberate