NCTJ Preliminary Law Guides d'étude, Notes de cours & Résumés

NCTJ - Media Law: Contempt of CourtContempt of court definition - correct answer = makes it an offence to publish material which creates a substantial risk of serious prejudice or impediment to legal proceedings which are imminent or pending if it can be proved that there was intent to create such a risk. what is contempt of court? - correct answer when someone interferes with the course of justice by: publishing/broadcasting info which could prejudice a case bringing new info whilst a ca...

NCTJ - Media Law - Court ReportingName the three levels of crimes magistrates courts deal with - correct answer Summary offences - heard by the magistrates Either-way offences - Can stay in Magistrates or go to Crown Court Indictable-only - MUST be heard by Crown court, and usually only have an initial appearance before mags. What are Magistrate's powers? - correct answer Can sentence a person for up to 6 months for a single offence and a total of 12 months for more than one offence *i...

NCTJ - Media Law - Defamation Truth - correct answer (formerly Justification) Must show that the imputation (ie implications/innuendos) conveyed by the statement is substantially true If one or more of the imputations is not shown to be substantially true The defence does not fail if those imputations do not seriously harm the claimants reputation What can the truth defence only be applied to? - correct answer Using the defence can only be applied to statements of fact and not opinion ...

NCTJ - Media Law: Anonymity & Court RestrictionsWhat does Section 47 of the Criminal Procedure (Scotland) Act 1995 prohibit publication of? - correct answer name address school or any particulars which could lead to the identification of any person under the age of 18 who is accused, alleged/the complainer/victim or witness in criminal proceedings. (age is generally fine to mention) What year was Section 47 of the Criminal Procedure (Scotland) Act? - correct answer 1995 Section 46 of...

NCTJ - Media Law: DefamationDefamation definition - correct answer = a statement about a person is defamatory if to causes harm to the person's reputation and if it tends to lower the person's reputation in the estimations of ordinary persons." When can a person bring defamation proceedings? - correct answer when person A has published the statement to someone other than Person B when the publication of a statement has caused or is likely to cause serious harm to the reputation of B. ...

NCTJ - Media Law: The courts & proceduresName the different courts we have in Scotland? - correct answer 1. Justice of the Peace 2. Sheriff Court 3. High Court of Justiciary 4. Court of Session 5. Appeal Courts Sheriff Court - correct answer Serious crimes e.g. sexual assault, fraud, possession of drugs, intent to supply drugs, theft etc. Can also hear civil cases like divorce, adoption, breach of contract, tenancy disputes, defamation, bankruptcy etc. Justice of the Peace - corre...

NCTJ - Other lawsReader postings online - correct answer The general principle in statutory law is that if a website operator did not moderate/check a reader's posting before it became visible, the operator will not be liable in law for any illegal material published in it - provided that they had no prior knowledge that the material would be posted, and deleted or disabled public access to it quickly after becoming aware of it. Recording phone calls - correct answer There is not a breach in...

NCTJ Court reporting - crime definitionstheft - definition - correct answer (Appropriation of someone's property) with the intention of permanently depriving (them of it) theft - type of offence - correct answer either-way robbery - definition - correct answer theft by force (violence, or threat of force) robbery - type of offence - correct answer indictable-only handling - definition - correct answer dishonestly receiving goods, knowing or believing them to be stolen (or dishonestl...

NCTJ Court Reporting - Magistrates Court ProceduresName the three levels of crimes magistrates courts deal with - correct answer Summary offences - heard by the magistrates Either-way offences - Can stay in Magistrates or go to Crown Court Indictable-only - MUST be heard by Crown court, and usually only have an initial appearance before mags. What are Magistrate's powers? - correct answer Can sentence a person for up to 6 months for a single offence and a total of 12 months for more th...

nctj court reporting statutes CoCA 1981 - S4 - correct answer There is no danger of committing contempt if the report is: - Fair - Accurate - Contemporaneous - Published in good faith (if there are reporting restrictions and these are reported then this would not be fair to the proceedings and therefore in breach of s4) CoCA 1981 - S4(2) - correct answer Judge may order a temporary ban of the reporting of certain evidence, or in the case of mixed pleas may order the postponement of so...