Media Law: Reporting The Courts..... The how to guide on how not to end up in the dock!

For Journalists reporting in the courts is one of the hardest and most complicated aspects of the profession. This is because there are so many rules and regulations that we have to follow, but ultimately they protect us from any wrongdoing. This is the how to guide on how not to end up out of pocket and spending a nice short sentence in her majesties prison (HMP).

First there are the basic legal principles that all journalists need to observe and abide. The first and possible the most important aspect is the presumption of innocence. Anyone who is accused of committing a criminal offence is innocent until proven guilty. The defendant must be found guilty beyond reasonable doubt in a court of law in front of a judge and jury. 

This brings me onto the next legal term of prejudice. In legal terms prejudice is creating bias against a defendant in a court case by prejudging them before a verdict can be decided upon. This could affect and influence a jury's verdict and may found the defendant guilty based upon the negative influence of the journalistic community. These misconceived opinions could end up in you being charged with contempt of court, an offence where you have no defense against you. Not only could your journalistic career be in tatters, but also you could end up spending six months in prison and losing up to a year’s salary (up to £40,000 in fines). 

The only defense you may have against contempt of court is the special legal right of qualified privilege. Qualified privilege gives you immunity from prosecution in most cases for example in a libel case where you are acting in the interest of the general public. Always when reporting act in the interest of the general public as they are the backbone of the profession. Without the general public there would be no need for news, so always act in the good nature of expression your views and opinions to do good for society. Never under any circumstances show malice as it could end up being your ultimate downfall and ruin your career and reputation within the industry.

The next basic legal principle is that justice must be done. This is where the accused has been formally charged with a criminal offence and is brought upon a magistrate and formally charged with offence. This will then be sent to trial in front of a judge and 12 jurors. The trial must be held in public, following the known rules of evidential procedure. This will be the same in all but the must sensitive cases where there is a strong reason to keep the trial away from the public eye for example cases involving children.

Now there are two courts in the British legal system: The civil and criminal courts. Civil courts deal with 

The minor offences most notably libel cases, industrial tribunals and those lovely driving offences that we seem to encounter at least once in our lives. These proceedings normally take place in a magistrate’s court in front of a magistrate. Now this is what most people would think a magistrate looks like: 

 

 No Anne Widdecombe has not moved from Strictly Come Dancing to the magistrates court, but the general consensus is that a magistrate is a grumpy old lady who support the conservative party, however this is not the case. The maximum prison term a magistrate can impose is six months and the maximum fine of £5000

Now criminal cases will take place used in the crown court, which is where all indictable offences are sent to trial. Two barristers will carry out the formal proceeding: one for the prosecution and the other for the defense. The barrister role is to support the evidence they present beyond reasonable doubt. 

The role of the prosecution is to prove that the defendant is guilty and back this up with the evidence they use to prove their case. The defense will compete against the consistency and the reliability of the prosecution's evidence in order to clear their defendant. Once the all the evidence is presented and the jurors have found the defendant guilty it is up to the judge to decide on the right sentence applicable to each relevant case. 

Now there are three types of criminal offences: indictable, either-way or summary cases.

The first type of criminal offence is indictable which is where a case can only be tried after an formal preliminary hearing. This will usually take place in a magistrates court where the accused will be formally charged with the offence. This will then proceed to the crown court where the case will be heard. Type if indictable offences include: 

*Murder/Attempted Murder

*Manslaughter

*ABH (Actual Bodily Harm)

*GBH (Grievous Bodily Harm)

*Fraud

*Rape

*Perjury

An either-way or hybrid offence is an case which can be tried in either the magistrates or crown court depending on the offence. This will depend on the severity of the crime and if the magistrates wish to send the case to a crown court for trial. Example of either-way cases include:

*Drug offences

*Comment assault

*Theft

*Dangerous driving

*Death by dangerous or reckless driving.

Summary cases are lower-level offences that will usually take place in an magistrates courts. These are the offences that are not as severe and carry smaller prison terms and fines. These include:

* Driving whilst under the influence

*Handling

*Wasting police time.

* Driving with excess alcohol.

*Kerb-crawling. 

These are the basic that journalists need to know in order to write stories that are kept within the law and are in the interest of the general public. Hopefully after reading this I will not be ending up in the dock anytime soon.

Next time I will be revealing the day we went to visit the courts and if anyone did end up in the cells. For now I will leave you to simmer on that thought.