87781
Description
Flashcards by Maria O'Dempsey, updated more than 1 year ago
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Created by Maria O'Dempsey
almost 11 years ago
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| Question | Answer |
| Effect on Jury | CASE STUDY: Rosemary West appealed conviction on basis of adverse media coverage. Judge ruled that jury overcomes this. |
| Strict Liability | -Each case on its own merits & time -Worse time is when jury is sitting -Must be serious prejudice -Must assess residual impact on juror CASE STUDY: Sun & Mail online pic of murder defendant during trial. Pic removed quickly, no prejudice. Another judge ruled organisations breached strict liability rule |
| Proceedings | ACTIVE: -Person arrested -Orally charged -Warrant/Summons issued -Inquest opened INACTIVE: -Released w/out charge -No arrest w/in 12 months of warrant -Defendant acquitted/sentenced -Found unfit for trial |
| Defence | -No knowledge of active case -Sec 3 COCA -Publisher taken all responsible care did not know/no reason to suspect proceedings active -Publisher must prove -Check w police, note name & date -Common law contempt: publisher cannot be prosecuted -Publishing previous convictions of hostage taker PERIOD BETWEEN VERDICT & SENTENCE: Uncertain legal area. Most judges rule they cannot be affected by media. Carefully written background unlikely to prejudice |
| Police appeals | -Contempt if links person w crime -All reasonable care before publication -Attorney General on Contempt Bill "The press has nothing to fear from publishing in reasoned terms anything that may assist in apprehension of a wanted man" |
| Civil Proceedings Contempt | ACTIVE: Case set down for trial/date fixed CEASES: Disposed of/abandoned/withdrawn CRIME STORIES: -Avoid assumptions of guilt -Proceedings active CAN report crime CANNOT imply those in police custody guilty -Caution on witness statements: backgrounds on those arrested esp criminal convictions -Contempt in favour of accused: calls for acquittal could be contempt CASE STUDY: 1994 Sun £80000 publishing accused 6 weeks before ID parade |
| Section 4 | -Postponement -Can publish once case tried -QBDC 1981 order should be no wider than was necessary to prevent possibility of prejudice -Courts Act 2003: w/out S4 assume legal discussion w/out jury is not to be reported: could cause trial to be abandoned |
| Section 11 | -Ban -Blackmail/national security/secret processes |
| Recording | -Contempt Section 9 to use/take into court any recording device w/out permission -Pictures: if an ID an issue -Common law contempt on: 1)Photography 2)Sketching 3)Other recording in & around court property/precinct: Criminal Justice (NI) Act 1945 CASE STUDY: 1994 £80000 Sun pic of man 6 weeks before ID parade |
| Courts Act 2003 | COST ORDER AGAINST MEDIA: Courts Act 2003 -Courts can force media to pay full costs of criminal trial -Media can appeal under Article 10 of ECHR |
| COCA 1981 | AIM: preserve integrity of the legal process -SECTION 2: guilty of contempt by publication under strict liability rule regardless of intent: 1) Creates SROSP 2)Proceedings active -Publication is: writing, speak, broadcast, communication to public -Proceedings only heard at Crown/High -Mag can only impose 1 month prison +/ £2500 fine -SUBSTANTIAL RISK: 1)Disclosing previous convictions 2)Info derogatory of accused 3)Photo if ID an issue 4)Further the trial geo/time = less risk. CASE STUDY: 2004 Daily Star £60000 for IDing 2 P'ship footballers questioned over gang rape London. ID an issue. |
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