Media law

Week 2

Crime reporting and the courts

When reporting on a case, journalists must bear in mind that a risk of prejudice towards a suspect may lead to a contempt of court, under the Contempt of Court act 1981 and so, may result in judicial proceedings.
Confusion between what is real and how individuals are affected by TV and radio reporting can also lead to a contempt of court , and may jury members have had to be removed from the trial because of the journalistic influences upon them.

Journalists are needed to make judgements as a story unfolds and so in order to not be in contempt of court, must take great care to not include details that should be omitted, depending upon the stage of the case.
This is demonstrated by the scenario below;

Release 1A male intruder armed with a handgun entered a sub - post office in Kings Somborne and demanded Mrs Ivy Jones emptied the till and unlock the safe. After refusing, and shouting for her 64 year old husband, Jeff, the intruder shot dead the couple's pet dog.
After locking the couple into a cupboard, the intruder ran off with a total of £4090, into a waiting car outside. Two men were seen driving from Kings Somborne towards Southampton.
The car is described as a silver Mondeo with a Southampton FC sticker in the rear window. The driver is described as a white male, with dark hair. He was wearing a silver hoodie and baseball cap. (Any further description).
The couple were left shaken , but unhurt. Police are looking for anyone to come forward with information and stress that it is imperative that the public do not approach these men.
Although the reporter must always be aware of the risk, no legal action could be taken at this point against the journalists and editors involved. No prejudice has been made, that would equate to contempt.

Release 2
An interview with Mrs Jones at 3pm and it is then uploaded onto the website. Once again, no prejudice has been made, that would equate to contempt.

Release 3
At 4pm, you check with the police and discover a man has been arrested in connection with the crime.
Police have arrested a male, at 3pm today, in connection with a robbery at a sub - post office in Kings Somborne. Although, questioned at Winchester police station, the hunt is on for a second man, who the police are interested in questioning, about the incident.
Please call the police as soon as possible with any information but as stated previously, please do not approach these men. They may be armed.
At this point, the awareness of risk should be at the forefront of any journalist's mind. At this point, there should be no problem with using the audio with Mrs Jones, but consulting a lawyer will eradicate any doubts concerning this, i.e. is the case now 'active'?

Release 4
Arrest and charges
At 5pm, police announce that they have charged a man with the armed robbery of the sub - post office and issue a statement.
Two men have been arrested and charged with the armed robbery of a sub - post office in Kings Somborne. It happened after police recovered a gun from a farmhouse in Winchester today, after £4090 was stolen and the couples dog shot dead.
The two men will appear at Winchester magistrates tomorrow at 10pm.
At this point, the reporter cannot divulge details about the identification of the two males as this is the subject of the trial and the basis for Mrs Jone's prosecution witness evidence. The case is s now 'active'.
The journalist's have to consider what material will be completely uncontested and then use that. If the story needs to be bulked up, then reporters can generalise with added information. Although there is always the risk that this may lead to clichés.

Release 5
Court Appearance - from this point onwards, journalists are in somewhat of a legal straightjacket and reduced to reporting on restricted points of uncontested facts;
1. How many charged? Charged with? Where? For?
2. Who? What happened to them?
3. The facts. i.e. a shot dog, handgun, money stolen.
4. What the offender did i.e. conspiracy to rob, driving a stolen vehicle and driving without insurance.
5. Circumstances i.e. spoke little, calmly, did not enter a plea, no application for bail.
In situations where previous information has to be removed from a website, links from archives informing the public about facts and information are removed. This may be a loophole in the law, as it has not be fully updated yet.

There is currently an ongoing debate between journalists being against the removal of archives vs. what the law deems to be fair in terms of audio.

A case becomes 'active' when;
1. The police make an arrest
2. The issuing of an arrest warrant
3. Magistrates issue a summons
4. A person is charged

Printing or speech varies depending upon the 'news' outlet i.e. the BBC and ITV are much more cautious in comparison to 'The Sun' and 'The Daily Mirror', demonstrating broadcasting inconsistencies.

Detention without charge
It is normally a maximum of 24 hours to question but in exceptional cases such as the Soham murders, this may be extended.
This can be extended by 12 hours by a senior officer (a superintendent).
A further 36 hours can be added if the magistrates agree.
The maximum amount of time allowed is 96 hours.
If it is a terror suspect, this is can be further extended to 28 days.

Prosecution
The Crown Prosecution service (CPS) are not the only ones that can prosecute. Other organisations such as Trading standards and the RSPCA can also prosecute.

Categories
Indictable - possible sentence of 5 years - magistrates to the crown.
Either-way - can go to the Crown court or Magistrates i.e. assault.
Summary - stays in the magistrates courts i.e. shoplifting, motoring offences.

Magistrate's powersA maximum of ordering 6 months in prison - of fines up to £50,000
Suspended sentences, conditional discharge, community orders, binding over - keeping the peace - good behaviour in the sum of £500 for example and ASBOs. ASBOs in particular have been highly controversial and as the tenth year has approached, have being accused of having of limited effect, for example an 80 year old woman has recently been given one.

Pre - trial reports
1. Names of defendants, ages, addresses and occupations
2. Charge faced or a close summary.
3. Name of court and magistrates names.
4. Names of solicitors and barristers present.
5. Date and place of where the case is to be adjourned.
6. Any arrangements as to bail
7. Whether legal aid was granted.

Key stages of a trial;
1. Prosecution opening
2. Key prosecution witnesses
3. Defence opening
4. Key defence witnesses
5. Judges summing up
6. Jury is sent out, deliberation and verdict
7. Sentencing

Differences between the Magistrates and the Crown Court;
1. Size
2. Seriousness of the offence
3. Jury
4. How long it lasts i.e. weeks or months. (This is especially hard for journalists).

Court reporting rules
1. Fair
2. Accurate
3. Contemporaneous
4. Electronically

Children and young peopleYou are legally juvenile until the age of 18. Under 18s generally enjoy anonymity. Anyone over the age of 10 can be guilty of an offence i.e. the case involving the murder of Jamie Bulger by Robert Thompson and Jon Venables (aged ten at the time), in 1993.
Beware of accidental identification.

In essence, if there are any concerns, then follow the concept of addage; If in doubt, leave it out!