ANSWERS TAGGED A+
✔✔What can the defence offer after a guilty verdict in a summary trial? - ✔✔Mitigation.
✔✔What are TICs? - ✔✔When a defendant pleading guilty asks for other (unsolved)
crimes to be taken into
consideration.
✔✔What it the maximum jail sentence a magistrate can impose for a single offence? -
✔✔Six months.
✔✔What is the maximum jail sentence a magistrate can impose for consecutive
offences? - ✔✔Twelve months.
✔✔What is a suspended sentence? - ✔✔A sentence which will only be implemented if
another offence is committed within a given time period.
✔✔What is an absolute discharge? - ✔✔When the defendant has pleaded guilty, and
the only punishment is that they have a
conviction.
✔✔What is a conditional discharge? - ✔✔The person will be sentenced for this offence
if he/she re-offends within a set period.
✔✔List six magistrate court sentences. - ✔✔Jail sentence, suspended sentence,
absolute discharge, conditional discharge, fine, community order.
✔✔Which offences does the Crown Court deal with? - ✔✔Indictable-only and either-way
offences.
✔✔Which act bans audio-recording devices being taken into court, bans them being
used without
permission and bans any such recordings being broadcast? - ✔✔The Contempt of
Court Act 1981.
✔✔Which statute affirmed the common law rule of open justice? Extra mark for correctly
identifying the year. - ✔✔Scott v. Scott, 1913.
✔✔If a defendant is convicted by a majority verdict, can the media say so? - ✔✔Yes.
✔✔If a defendant is acquitted by a majority verdict, can the media say so? - ✔✔No.
, ✔✔Which act sets out reporting restrictions for summary trials? - ✔✔The Magistrates
Court Act.
✔✔Which section of which act imposes automatic reporting restrictions on any hearing
in a Magistrates
Court which has the potential for a jury trial and which offences does this condition refer
to? - ✔✔Section 52A of the Crime of Disorder Act 1998. Indictable-only and either-way
offences.
✔✔What can we report under Section 52A of the Crime of Disorder Act 1998? -
✔✔Name of the defendant, basic details of the charge, who's who in the court, the next
step
forward and arrangements as to bail.
✔✔Under Section 4 of the Contempt of Court Act, we have protection for... - ✔✔...fair,
accurate and contemporaneous reports.
✔✔Section 4 (2) order are... - ✔✔...postponing.
✔✔What is the purpose of a postponing order? - ✔✔It prevents prejudicing a future trial.
✔✔Under which act it is an offence to make photographs, film or sketches in the
precincts of the court? - ✔✔Criminal Justice Act 1925.
✔✔Which section of which act allows a court to ban publication of a name, and give
three examples of when this may be used. - ✔✔Section 11 of the Contempt of Court
Act. Blackmail cases, matters of national security and to protect people at risk.
✔✔Can we use phones/laptops to text, e-mail or tweet from court? - ✔✔Yes.
✔✔Under which section of which act is there a blanket ban on identification in Youth
Courts? - ✔✔Section 49 of the Children and Young Persons Act.
✔✔In what year was the Sex Offences Act passed? - ✔✔1992.
✔✔What does open justice refer to? - ✔✔The principle that justice should be "seen to
be done" in open court and in front of the press and public.
✔✔Name two important cases for open justice? - ✔✔Scott v. Scott 1913 and Attorney
General v. Leveller Magazine.
✔✔Describe three common law exceptions to open justice. - ✔✔Vulnerable witnesses
in sex cases, national security, people with mental incapacity.