The second week we focused on crime and how as a journalist you can cover this issue and be legally protected at the same time. Something that may seem simple and quite straightforward when you think about it, but definitely is a bit more complicated than that. We also refreshed the hierarchy of the English court system, how it works and who can do what where. With all the different instances and divisions that lead to others it is important to remember which one does what, and what the different terms for the different people involved in a specific case are at a specific time – also what type of case you are reporting on, whether the case is still active or not, and the most important of all, whether the case has been proven in court ‘beyond reasonable doubt’ (McNae’s p.21).
A case is legally active when:
- police make arrest
- an arrest warrant has been issued
- magistrates issue summons
- a person is charged
(Glenn Hutt’s blog)
When a case becomes ‘active’, you as a reporter need to watch out for what you can report and publish, and what you cannot to avoid contempt of court. For the pre-trial you can report on the defendant’s name, age, address, occupation, charge(s), date and place of court hearing, bail, legal aid conditions and names of counsels. But, if the defendant or the witness is under 18 he or she cannot be identified in any reports.
As the case is active there are certain things you can report on without being in the risk zone of breaking the law, as you as a reporter has Qualified Privilege, which means that you are allowed to report on anything that is said within the court while the jury is present, and as long as you stay within the rules of court reporting (Chris Horrie’s notes, Media Law Web). However, if your report is not fast (published in the next edition/bulletin), accurate (shorthand!) and fair (free from malice), the privilege is lost. Also, you cannot record anything within a court!
Usually police have 24 hours to question a suspect – in certain cases this can be extended, for example when dealing with terrorism suspects. A case remains active even when the suspect is released on bail, and does not close until the bail ends without arrest or charge (McNae’s p.24).
Most cases are being tried at a Crown Court, but some minor cases are tried at a Magistrates Court. Depending on which category a case falls under, this decides which court it ends up being tried at. There are three different categories of offences;
Indictable-only offences – these are the most serious crimes and they are being dealt with by a Crown Court with a possible sentencing of +5 years
Either-way offences – crimes that can be dealt with in either a Crown or a Magistrates court, depending on what the magistrates decide, or on the decision of the defendant
Summary offences – minor offences that stays with the Magistrates court
If a defendant is convicted in Crown Court, he or she can appeal to firstly, the Court of Appeal and then secondly, to the Supreme Court. In certain cases the High Court works as an appeal court as well.
Further reading:
Glenn Hutt’s blog
Jon Hopley’s blog
Chris Horrie’s notes
BBC College of Journalism: Reporting Court Cases in England and Wales
Week 1 - Introduction to Media Law
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