Media Law - Criminal Court Coverage (Part 1)

Prior To Court

It’s important to find out whether a suspect is under arrest or is voluntarily assisting with police enquiries. As soon as there is an arrest, this makes the case ‘active’ under the Contempt of Court Act thus affecting what the Media can publish about it. Also a magistrates' issue of an arrest warrant makes a case 'active'. If a suspect isn’t arrested but released on police bail, the case is still 'active' until the bail ends without arrest or charge.

Limits to detaining suspects by the police prior to any charge are normally for no more than 24 hours.  If there is no charge, the suspect must be released.  If the crime is an indictable offence (see below), then under the Police and Criminal Evidence Act a police officer of superintendent rank can authorise another 12 hours.  Police can then apply to a magistrates' court for up to a further 36 hour extension.  They can apply again, but in total a person cannot be detained beyond 96 hours.  However, under the Terrorism Act, a person suspected of a terrorism offence can be detained for up to 28 days without charge.


Libel

Even if a media organisation find out that an individual is being investigated by the police or another agency, prior to a charge, and name they release the name of that person or details that will identify them; they have the right to sue the organisation for libel if it doesn’t result in a criminal prosecution. At times, a media organisation may release this at risk, if they have received information that the police are close to charging that suspect (as the libel fades into the background by the actual charge for that person) or if they are quite certain that person won’t wish to alienate the media (i.e. a Celebrity or Politician) by suing them.

There are guidelines on naming suspects in the media from the ACPO. If a person is under investigation but has not been charged, some details may be released as long as the suspect isn’t identified by this information. After a charge has been made, the police will identify the suspect by their name, age and occupation, as well as the charge and upcoming appearance at court.


Criminal Charges

Criminal charges determine where the case will be going, either remaining at the magistrates court or passed onto the Crown court. As a journalist, it is important to know what the categories mean.

Criminal charge categories:
Indictable-only offences, can only be dealt with by a Crown court with a jury trial (after a preliminary hearing at the magistrates court)

Either-way offences, can be dealt with by a Crown court or a magistrates court (depending on what the magistrate decides or whether the defendant elects a Crown court trial by jury)

Summary offences, almost all are dealt with by a magistrates court. There is no right to a Crown court jury trial.
Automatic reporting restrictions depend on the category of the charge/offence and the procedures of that particular court. These restrictions make it illegal to report some details in the media.


Magistrates' powers are limited, and this would be a reason why they may choose to send an either-way offence to trial at Crown court.  They have the ability to give 6 month jail sentences and fines up to £5,000.  They can issue suspended sentences, conditional discharge (conditional on good behaviour over a specific period), community orders, binding over (where you are bound to keep the peace on a sum of money, which has to be paid if you break it) and ASBOs.

Journalists must be aware of accurate reporting of crime charges. For example, a theft is not the same as a robbery which indicates the use of force by violence within the crime. If reported incorrectly, they may be libellous (as mentioned above).

There are usually two parts to a crime, an act (which is potentially criminal) and a guilty mind (meaning the crime was planned and carried out/attempted).  The prosecution generally has to prove both parts, but in some circumstances it is possible a crime can become something different if there was no malice in the action, for example, a killing can become manslaughter or a tragic accident (not criminal).

At the same time, the law acknowledges that a crime can be committed without the need to prove guilty of intent.  These offences are known to be of 'strict liability' and protect a safe and just society.  If a motorist drives with too much alcohol in their system without the intention of breaking the alcohol limit, they are still committing an offence.  In the same manner, if you own a TV and not a TV licence, this too is an offence.