Media Law - Criminal Coverage (Part 2)

Court

When a case reaches court, there is usually a 'pre-trial' or 'preparatory' hearing.  At this point automatic reporting restrictions (mentioned in Part 1) come into place, and a journalist cannot publish anything other than the basic seven points:

1.  Names of defendants, ages, addresses and occupations
2.  Charges faced or a close summary
3.  Name of court and magistrate's name (or judge's name if held at a Crown court)
4.  Names of solicitor and barristers present
5.  Date and place to where the case is to be adjourned
6.  Any arrangements as to bail
7.  Whether legal aid was granted

If the facts of a case are broadcast, they can affect the jury's opinion or ideas separate to those heard in court. This can lead to contempt of court.


Key Stages of Trial

- Prosecution opening
- Key prosecution witnesses
- Defence opening
- Key defence witnesses
- Judge's summing up
- Jury sent out, deliberation and verdict
- Sentencing (this may be adjourned and the journalist with have to return)

When a trial begins, the media can report what is heard in court from that day, whilst the jury is present.  There are rules as to how it is reported; it needs to be fair, accurate and contemporaneous (you cannot report that day's news next week, unless it is a weekly newspaper).  There is no sound recording or photography allowed.

Under 18's are classed as juveniles and generally enjoy anonymity.  Juveniles (10-18 years of age) are usually tried at youth courts, unless it is a very serious case which will then go to the Crown court.  This is illustrated in the case of the murder trial of James Bulger that took place in 1993, where two children (aged 10 at the time of murder) were charged.  Their preliminary hearing was held at Bootle magistrates court, not at a youth court, and the case was sent to trial at Preston Crown court.  During the trial the identities of the children were withheld from being published, by order of the court.  However, on the day a verdict was reached, the judge agreed to the public identification of the two boys (by now 11 year olds), Jon Venables and Robert Thompson.