ANSWERS GRADED A+
✔✔Sending hearing - ✔✔first and only appearance; allocation hearing if magistrates
decide or defendant decides either-way case should go to crown
✔✔Pre-trial hearing restrictions - ✔✔■ Name of court, magistrates' names
■ Name, age, address, occupation of accused
■ Charge/s -anything in the charge is safe
■ Names of lawyers
■ Adjournment details
■ Whether bail granted and conditions - but not why refused
■ Legal aid
■ Indication of plea - as long as not mixed
Ok to include clothing, 'spoke only to' etc, flanked by guards (but not make a big deal
of), length of hearing, innocuous colour, as well as any pleas. All above is 'common
ground' information. Applies as long as potential for jury trial Names of witnesses NOT
on the list
✔✔Either-way offences - ✔✔Theft, burglary, some sex assaults Stays in mags if
magistrates and defendant want summary trial Sent to crown court if magistrates or
defendant want trial there Magistrates may commit case to crown for sentence
✔✔Bail conditions - ✔✔Not to contact witnesses/victims
Regular reporting to police
Curfew
Surety
Tagging
Residency
✔✔Reasons bail may be denied - ✔✔Fear of absconding
Committing another offence
Interfering with a witness
Public safety
✔✔Dangers of contempt - ✔✔■ Giving impression of defendant or suspect's guilt or bad
character - Christopher Jefferies case
■ Vilifying suspect or witness
■ Reference to defendant's previous convictions - Nicola Edgington case
■ Mention of evidence linking defendant to crime - including witness's detailed account
■ Any suggestion they're guilty
■ Pictures of suspect where identity is issue/ID parade
, ✔✔Section 4 (2) Contempt of court act orders - ✔✔■ Courts can order a delay in
publication of report of a case if coverage might prejudice jury in another ■ Often where
jointly-accused defendants plead in different ways
■ Period of postponement can be as long as court thinks necessary, but order should
specify when it ends (ie conclusion of x trial)
■ If no order made - media has 'good faith' responsibility under Section 4
■ Risk of prejudice must be 'substantial' to that case or to pending/imminent other cases
■ Can also be used by judges to limit what can be reported about arraignment hearing
pleas where there is a mixture of guilty and not guilty pleas
✔✔Section 5 contempt of court act - debate - ✔✔Features on issues at heart of court
cases can be published
But no mention of case itself
Law brought in after Thaidomide case - Sunday Times feature while civil action going on
Risk of prejudice must be 'merely incidental to the discussion'
Daily Mail used it to defend column on birth defects written at time of trial of Dr Leonard
Arthur for failing to operate on disabled baby
✔✔Open Justice - societal benefits - ✔✔■ Promotes public confidence in justice system
- shows justice being seen to be done, and deters inappropriate court
decisions/promotes scrutiny
■ Promotes values of law ■ Encourages witnesses to tell the truth
■ May encourage more witnesses to come forward
■ May deter criminal activity
■ Deters rumour and uninformed comment
✔✔Article 10 of ECHR - ✔✔Freedom of expression
✔✔Court access - journalists' rights Lord Justice Watkins - ✔✔"A newspaper reporter ...
is, I verily believe, the watchdog of justice. If he is to do his work properly and effectively
we must hold fast to the principle that every case must be heard and determined in
open court. The reason for this rule is the very salutary influence which publicity has for
those who work in the light of it. The judge will be careful to see that the trial is fairly and
properly conducted if he realises that any unfairness or impropriety on his part will be
noted by those in court and may be reported in the press. There is ... no such person
known to the law as the anonymous JP." Lord Justice Watkins, R v Felixstowe
Magistrates, 1987 [1987] 1 QB 582
PLUS "Open justice is the hallmark of the rule of law. The media play a vital role in
representing the public and reflecting the public interest." Lord Justice Thomas 2015
Scott v Scott 1913: Public trial best way of securing 'pure justice'
✔✔Challenging the courts - ✔✔■ Restrictions on court reporting should be 'minimum
necessary'
■ Restrictions must be obeyed - even if they're wrong