media law 2

Reporting in courts.

The two main issues you want to stay clear of are; contempt of court and prejudice. Basically if anything is reported that may sway the juries mind for example calling the defendant a thug could make the jury (who are supposed to be impartial) think differently. This would be contempt of court which is punishable by jail. so don't do it.

Before a trial has begun however, you can report on some aspects of the case such as:

Names, age and occupation of the defendant.
Magistrate and courts name
Bail arrangements
Barristers/lawyers
Wheather or not there was legal aid

When the case is active you can then be found in contempt of court, the case is active when;

A person has been arrested, or a warrant for his arrest has been issued, or a summons has been issued, or if a person has been charged orally.

The case ceases to become active when;

.The arrested person is released without police charge (except on police bail)
. No arrest is made within 12 months of the issue of the warrant
. The case is discontinued
. The defendant is acquitted or sentanced
. He is found unfit to be tried, or unfit to plead, or the court order the charge to lie on file.

The courts are keen to stress that everybody has the right to a fair trial and that the media should not affect this.

Court reporting must be as always; fast, accurate and fair. The story must be printed without prejudice it must have accurate details and be printed on the first available issue.

People who are victims of sex crimes such as rape, and children involed in sex crimes should be treated with caution as they are guranteed anonimity and their names should never be reported.

Magistrates courts can give out these sentances;

.6 months Jail time
. Fines up to £5,000
. Suspended sentance
. Community orders
. Asbo's

References; McNae's Essential law for journalists 19th edition