Crime is all around us as journalists from assault to murder, from libel to slander, there is crime being reported everywhere you go. It can be at the scene of a crime that has just happened or at the conclusion of a trial where the defendant has been found not guilty, we are still reporting about it. But, when reporting on crime there are many different areas we need to notice and be aware of.
But, it is not just what happens inside the courtroom on what we report on, it is breaking crime, the arrest that is made and the person who is accused. But, we need to remember that their is a difference between being arrested and being formally charged with a crime. When a crime takes place, it becomes a frenzy with journalists looking to report on the arrest, but once they are arrested or charged and the case become active, there are a whole new set of rules that you have to follow.
What you have to remember though when you are reporting on a crime, you must get all of the facts right. You must get the accused correct spelling of their name, their address, their age and every that is important when reporting on the case. Once the case is active, we have to abide to a strict lists of rules to follow.
First let establish the difference between someone being arrested "on suspicion" and someone being formally charged with a crime. The accused can be held under arrest for 24 hours, 36 for a indictable offence (murder), but this can be extended by a magistrate court to 96 hours. The only situation where someone can be held for more than 96 is if they are under suspicion of a act of terrorism (Terrorism Act, 2006).
With a active case in progress, there are seven pieces of information a journalist can provide before a pre-court hearing, before the jury is selected and the court case has begun:
* The name of the court and the name of the judge.
* The names, ages and addresses of the defendants and witnesses.
* The charges of each defendant.
* The names of each barrister and solicitor.
* if proceedings are adjourned, the date and location of where it was adjourned.
* Bail conditions.
* If any legal aid was granted.
It is illegal to take photographs in court rooms and to make audio recordings. Everything that you report on must be fair, fast and accurate, meaning that their should be a fair account of the days proceedings, you must report on it as quickly as possible, but remain accurate in your facts and checking them over before handing in your final report.
Any discrepancies can find journalists in the pathway of two criminal offences; Contempt of Court and Prejudice.
Under the Contempt of Court Act of 1981 ensure that anyone who is found to be disrupting or threatening the legal process in a courtroom can be held for contempt. For journalists it is reporting over proceedings that could impend or show prejudice to any active court proceedings and has the likeliness of affecting the final outcome of a case.
Therefore, it is strictly forbidden to reporting on any information on a case, once it has become active under any circumstances. If we report on findings that we have found during a court case, this is a clear contempt of court and we are liable to our career's before tarnished and a custodial sentence.
Prejudice is where you report of something, which can give influence to a trial's outcome and that is likely to affect the jury's final outcome of the case. Again if we cause prejudice to a court case, your career is over.
However, as I explained in a previous blog post there are defences against contempt of court. The main defence is privilege. Journalists have absolute privilege in court, but only Qualified privilege when reporting on them. This allows a reporter to say what was said during a day's proceedings at court on the basis that I mentioned earlier that it is fast, accurate and fair, without malice and it is a matter of public interest. In a court case the jury must also be present during all proceedings.
There are two types of QP: With subject to explanation and contradiction and without. Press conferences and public meetings are also examples of QP, as well are written handouts. Press conferences and public meeting are occasionally broadcasted live, so we have to be aware of the risks that something may go wrong. This was the case during the live debate of The Hampshire Police and Crime Commissioner vote where we streamed a live debate, but with a 5 second delay. This may seem very small, but it gave us the scope in case something was said that was defamatory and we had to pull the plug on the broadcast.
Until next time, remember to keep your reports fast, accurate and fair and do not try and reveal any details of court proceedings or you will end up in the dock yourself.
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