Reporting Crime

Journalists reporting crime must be aware of two risks prejudice and contempt.

When a case is legally active - that is when police make an arrest, a person is charged, magistrates issue a summons or an arrest warrant is issued - then it is this time frame where reporters must be aware of the risks up until the case is closed.

It is crucial to stop any kind of prejudicial content being published in the public domain before the accused has been trialled by a jury to prevent any bad characteristics swaying the jurys judgement. the jury will be reminded by the judge to only consider the evidence they hear in court, to reach a verdict beyond reasonable doubt.

In the media at the moment there is a lot of coverage from Edinburgh surrounding the story of Mikeeal Kular, initially reported as a missing boy by his mother. It later transpired that his body was found dead and his mother was charged. She appeared in court at a private hearing where journalists were forbidden to enter The Sheriff Court. Before her court appearance the Mail on Sunday published an article detailing the mothers 'partying' lifestyle, the headline read "Party lifestyle for Mikaeels mother who called herself the dancing queen" - This was criticised by others for it's prejudicial content. As mentioned earlier, it brings up characteristics that portray her in a negative light, breaching her right to a fair trial.

If a formal complaint was made, journalists would only have a defence known as the fade factor. If a trial was to take place six months down the line, a mitigating factor would be the fact it would fade from the press over time.

Also in the press recently is Lord Rennard who has been suspended from the liberal democrat party unless he apologises over sexual harassment claims. Although all his criminal charges have been dropped, a victim could now dispute this in a civil court - on the balance of probabilities.

The Key stages in a trial are:
Prosecution opening
Key prosecution witnesses
Defence opening
Key Defence witnesses
Judges summing up
Jury sent out, deliberation and verdict
Sentencing

Court reports follow strict rules, there is strictly no recording inside the court.

Reports must be fair accurate and contemporaneous - published at the first available opportunity. 

There are three categories of offence:
1. Indictable only - sentencing in crown court for serious offences, prison 5yrs+
2. Either way offences - this can be heard in a magistrates or crown court.
3. Summary offences - stays with magistrates court

The section 8C reporting restrictions automatically apply for cases at magistrates courts in which the defendant pleads not guilty. They ban publication of any rulings made in pre-trial hearings on admissibility of evidence and points of law. Additionally the proceedings, in those hearings concerning applications for such rulings including legal argument and discussion about whether such a ruling should apply. While these restrictions apply the media can only report seven categories of information, which are listed below.

1. Names of defendants, ages, addresses
2. Charges faced
3. Name of court and magistrates names
4. Names of solicitors or barristers present
5. Date and place, whether it was adjourned
6. Any arrangements as to bail
7. Whether legal aid was granted
8. The fact that reporting restrictions are in force

The exception here, is with juveniles. Anyone under the age of 18 cannot be named.

As a crime reporter the main thing to be aware of is the laws surrounding contempt of court, you can never be too safe and should continuously be conscious that everything you report is fact and legally sound. Call the lawyer to double check what you are about to broadcast is safe if in doubt, and always check with an editor before clicking that all important 'publish' button to ensure it won't be contested in court.