September is edging closer, and we are already a week into August. So it's time to pick up McNae's and go back to learning the law, in aid of building up the facts and submerging myself in the world of crime.
Part One: Crime and Courts
Media coverage prior to any court case
Journalists need general knowledge of criminal law in order to report accurately and avoid committing contempt of court.
A criminal prosecution begins when a person is being charged.
Standard of Proof - To be convicted of a criminal offence guilt must either be admitted, or proven beyond reasonable doubt
A Magistrates Court can issue formal documents such as a:
Summons - which outlines the crime allegations and specifies the date you have to attend court next.
Arrest Warrant - which gives police officers the power to arrest the suspect wherever they are located in the UK (this is once sworn, written information is laid before them)
Initially, a suspect will appear at a Magistrates Court, if the case is classified as an indictable case, which are the most serious offences, it will be sent to the Crown Court.
When covering a crime story there are dangers such as contempt and defamation. A case becomes 'active' on arrest, a charge, or a summons or arrest warrant is given. During this period where the case is 'active' no material can be published as this is a breach of the Contempt of Court Act 1981.
If police or government agency identifies the person as a suspect it is safe in libel law to report the statement.
Crimes: Categories and definitions
Journalists must know the difference between Indictable-only, either way and summary crimes.
Defining Criminality - There are two elements in most crimes:
1. Actus Reus - An act which is potentially criminal
2. Mens Rea - A guilty mind, an act which was carried out or planned with guilty intent
Indictable-only cases are the most serious cases, dealt with by the Crown Court.
Examples of Indictable-only crimes against people are:
- Murder - unlawful killing of another human being 'with malice aforethought'
- Manslaughter - unlawful killing of another human but without 'malice aforethought'
- Rape - A man forces a woman to have sexual intercourse by the threat or use of violence
- Infanticide - mother killing an infant under 12 months old when the mother's mind is disturbed as a result of birth
- Aiding Suicide - helping another person commit suicide
Either-way cases can be dealt with by a Magistrates court or Crown Court
Examples of Either-way crimes against people are:
- Assault - an attack
- Actual Bodily Harm (ABH) - threat or attack causing harm but it does not have to be permanent
- Wounding or Grievous Bodily Harm (GBH) - harm caused was a wound* or grievous harm (*A wound is the slicing through or breakage of the skin)
Examples of crimes against propery are:
-
Theft - Stealing the property of another - Either-way offence
- Robbery - Theft by force of violence - Indictable offence
- Handling - Dishonesty receiving stolen goods, helping in the removal or disposal - Either-way offence
- Burglary - Entering the building as a trespasser with intention to steal, inflict GBH or intent to do unlawful damage - Either-way/Indictable offence
- Fraud - False representation / Dishonest failure to disclose information - Either-way/Indictable offence
- Blackmail - Menace acts with view to gain - Indictable Offence
- Aggravated vehicle taking - Vechile is taken and someone has been injured - Either-way Offence
- Taking a vehicle without authority - this does not mean you intend to deprive the owner permanently, it can be abandoned, known colloquially as 'joy-riding' - Summary Offence
Motoring Crimes
- Dangerous driving - Either way offence
- Causing death by dangerous driving - Indictable Offence
- Driving under influence of drink or drugs - Summary Offence
- Driving with excess alcohol - (80mg in 100ml of blood) - Summary Offence
Other Crimes
- Perjury - giving false evidence - Indictable offence
- Perverting the Court of Justice - interfere or threaten a witness / conceal evidence of false allegation - Indictable Offence
- Wasting Police time - Summary Offence
- Kerb-crawling - men paying for sex - Summary Offence
- Prostitution related offences
Summary Offences are dealt with by Magistrates
Criminal cases in the Crown Courts:
Procedure in Crown Court Trials:
1. Group of Jurors are brought into the Court room, 12 are selected at Random by the clerk
2. Jury swears a legal oath
3. Counsel for the prosecution will 'open the case' i.e outline evidence and state relevant law
4. Prosecution witnesses will give evidence
5. Speeches by lawyers and questioning and cross-examination/re-examination of prosecution and defence witnesses
6. Speech to open defence case and defence witnesses
7. Prosecuting counsel make a closing speech to Jury and defence do the same
8. Judge sums up the case, and reminds the Jury of the evidence
9. Jury elect a foreman/woman to be spokesperson, whom 'retires' to a Jury room to decide the verdict
Jury Baliff escorts the jury to and from their room, this is the only official who will have contact with them in it.
If a Jury is unable to reach a verdict this is an unresolved situation known as a 'hung jury'.
Majority Verdict of 11-1 or 10-2 are acceptable if they have failed to all reach a verdict in 2 hours and 10 minutes.
Sentencing at Crown Court
- Prosecution summarises the evidence and the Judge is told about relevant previous convictions
- The death penalty was abolished for murder in 1965, now the only sentencing by law is life imprisonment for people 21 years and over.
- If the defendant is considered to commit further offences causing risk to the general public then they will be sentenced for life.
- Each prisoner will have their case reviewed by parole board during their time in jail, they may be released on 'licence' meaning they are supervised by a probation officer and can return to prison to serve the remainder of the jail term if the conditions of the licence is broken.
A defendant convicted in a Crown Court can seek appeal to the Court of Appeal.
Media Coverage
Journalists that cover court cases will get assistance from investigating police force, because it is in the public interest that reports of cases are fully aired.
Media such as maps, photos, custody photos, videos, scenes of crime, weapons, section of transcripts, reconstruction footage of CCTV footage can all be released.
Juveniles in Criminal Proceedings
Juveniles are described as anyone aged under 18. If the defendant is under 18 then they cannot be identified in a report under the Section 39 act. This anonymity is known as Jigsaw Identification. This is a combination of details about the defendant that do not explicitly state the name, e.g 15-year-old shop assistant in London.
Journalists must take care not to breach a section 39 order by including too much detail about a juvenile, however a section 39 order can be imposed for a person who is either over 18 years old or dead.
People who are also victims of sexual offences must not be identified. However, anonymity can be waived by a court if written consent is given and they are over the age of 16 years; baring in mind if they have been pressured into doing so, it will not be valid.
Contempt of Court
The greatest danger of committing contempt of court lies in the publication of material which can cause a substantial risk/prejudice to an 'active' case.
Contempt of Court Act 1981
Section 3 of the Act provides a defence for journalists, that do not know that the relevant proceedings were active.
Section 4 of the Act provides a defence for journalists which protests that the report was accurate and fair.
Section 5 of the Act provides a defence for a published discussion in good faith of public affairs
Courts Act 2003 introduced a law which means if a media organisetion has committed 'srious misconduct' they are liable for huge costs.
Part Two on Defamation and related Law coming soon.
