NCTJ ESSENTIAL MEDIA LAW UPDATED EXAM SCRIPT
QUESTIONS AND ANSWERS SURE A+
✔✔Why is the risk of contempt lower in civil cases? - ✔✔Because most civil cases have
no jury. There is, however, a risk of influencing a potential witness.
✔✔How many defences to contempt are there? What are they called? - ✔✔Three.
Section 3 (innocent publication), section 4 (Fair and accurate reporting) and section 5
(discussion of public affairs).
✔✔What does the section 3 innocent publication defence to contempt mean? - ✔✔After
having taken all reasonable care, the publisher did not know and had no reason to
suspect when the material was published that the proceedings were active.
✔✔What does the section 4 fair and accurate reporting defence to contempt mean? -
✔✔A person cannot be found guilty breaching strict liability contempt is the report is:
-A fair and accurate report
-Published contemporaneously
-In good faith
✔✔What does section 4(2) of the COCA 1981 give courts the power to do? - ✔✔If there
is a series of trials which are connected and may influence later trials with different
juries, section 4(2) gives courts the power to postpone the publication of reports of a
hearing or trial.
✔✔What does section 5 discussion of public affairs defence to contempt mean? - ✔✔A
general discussion of a matter of public interest will not prejudice an on-going case
where the subject matter is the same or similar. As long as it is made in good faith of
public affairs, it will not be treated as contempt of court.
✔✔What section of the COCA 1981 bans the use of audio recording devices in court
and broadcasting it to any section of the public? - ✔✔Section 9
✔✔What act bans journalists from making sketches and taking photographs or video in
court or court precincts? - ✔✔Criminal Justice Act 1925
✔✔What is the age of criminal responsibility? - ✔✔10
✔✔Are the public allowed into youth courts? - ✔✔No
✔✔Are journalists allowed into youth courts? - ✔✔Yes- under section 47 of the Children
and Young Persons Act 1933
, ✔✔Which act gives gives automatic restrictions on what can be reported during
preliminary hearings? - ✔✔Section 8c of the Magistrates Courts Act 1980
✔✔Which act restricts what can be reported during the preliminary hearings at youth
court? - ✔✔Section 52a of the Crime and Disorder Act 1998
✔✔What does section 49 of the Children and Young Persons Act 1933 give juveniles? -
✔✔Section 49 of the Children and Young Persons Act 1933 gives automatic anonymity
for juveniles 'concerned in' proceedings-this can include defendants, witnesses or
sometimes the victim (unless they're dead).
✔✔What does s49 of the Children and Young Persons Act 1933 prevent the publication
of? - ✔✔Name, address, school, workplace, any still or moving image.
✔✔At what point does s49 anonymity order run out? - ✔✔Once the juvenile passes
their 18th birthday.
✔✔Under which act do juveniles qualify for anonymity when they are tried in crown
court proceedings? - ✔✔Section 45 of the Youth Justice and Criminal Evidence Act
1999.
✔✔Under what circumstances would a s49 anonymity order be lifted? - ✔✔-To avoid
injustice eg prove an alibi
-If the juvenile is at large
-If the case is in the public interest
✔✔Can s45 anonymity orders be passed on a child that is dead? - ✔✔No
✔✔At what point does s45 anonymity order run out? - ✔✔Once the juvenile passes
their 18th birthday.
✔✔Can a s45 anonymity order be granted on a lifelong basis? - ✔✔Yes, but only for
witnesses, victims or alleged victims (not defendants)
✔✔Do s45 anonymity orders apply to civil and coroner's courts? - ✔✔No-juveniles can
be identified unless the court specifically forbids it.
✔✔What is 'jigsaw identification'? - ✔✔When someone who has been given anonymity
is nevertheless identifiable to the public through the accumulation of details which have
been published.
✔✔How can jigsaw identification be avoided? - ✔✔If newspapers all follow the same
practices when covering the same case.
QUESTIONS AND ANSWERS SURE A+
✔✔Why is the risk of contempt lower in civil cases? - ✔✔Because most civil cases have
no jury. There is, however, a risk of influencing a potential witness.
✔✔How many defences to contempt are there? What are they called? - ✔✔Three.
Section 3 (innocent publication), section 4 (Fair and accurate reporting) and section 5
(discussion of public affairs).
✔✔What does the section 3 innocent publication defence to contempt mean? - ✔✔After
having taken all reasonable care, the publisher did not know and had no reason to
suspect when the material was published that the proceedings were active.
✔✔What does the section 4 fair and accurate reporting defence to contempt mean? -
✔✔A person cannot be found guilty breaching strict liability contempt is the report is:
-A fair and accurate report
-Published contemporaneously
-In good faith
✔✔What does section 4(2) of the COCA 1981 give courts the power to do? - ✔✔If there
is a series of trials which are connected and may influence later trials with different
juries, section 4(2) gives courts the power to postpone the publication of reports of a
hearing or trial.
✔✔What does section 5 discussion of public affairs defence to contempt mean? - ✔✔A
general discussion of a matter of public interest will not prejudice an on-going case
where the subject matter is the same or similar. As long as it is made in good faith of
public affairs, it will not be treated as contempt of court.
✔✔What section of the COCA 1981 bans the use of audio recording devices in court
and broadcasting it to any section of the public? - ✔✔Section 9
✔✔What act bans journalists from making sketches and taking photographs or video in
court or court precincts? - ✔✔Criminal Justice Act 1925
✔✔What is the age of criminal responsibility? - ✔✔10
✔✔Are the public allowed into youth courts? - ✔✔No
✔✔Are journalists allowed into youth courts? - ✔✔Yes- under section 47 of the Children
and Young Persons Act 1933
, ✔✔Which act gives gives automatic restrictions on what can be reported during
preliminary hearings? - ✔✔Section 8c of the Magistrates Courts Act 1980
✔✔Which act restricts what can be reported during the preliminary hearings at youth
court? - ✔✔Section 52a of the Crime and Disorder Act 1998
✔✔What does section 49 of the Children and Young Persons Act 1933 give juveniles? -
✔✔Section 49 of the Children and Young Persons Act 1933 gives automatic anonymity
for juveniles 'concerned in' proceedings-this can include defendants, witnesses or
sometimes the victim (unless they're dead).
✔✔What does s49 of the Children and Young Persons Act 1933 prevent the publication
of? - ✔✔Name, address, school, workplace, any still or moving image.
✔✔At what point does s49 anonymity order run out? - ✔✔Once the juvenile passes
their 18th birthday.
✔✔Under which act do juveniles qualify for anonymity when they are tried in crown
court proceedings? - ✔✔Section 45 of the Youth Justice and Criminal Evidence Act
1999.
✔✔Under what circumstances would a s49 anonymity order be lifted? - ✔✔-To avoid
injustice eg prove an alibi
-If the juvenile is at large
-If the case is in the public interest
✔✔Can s45 anonymity orders be passed on a child that is dead? - ✔✔No
✔✔At what point does s45 anonymity order run out? - ✔✔Once the juvenile passes
their 18th birthday.
✔✔Can a s45 anonymity order be granted on a lifelong basis? - ✔✔Yes, but only for
witnesses, victims or alleged victims (not defendants)
✔✔Do s45 anonymity orders apply to civil and coroner's courts? - ✔✔No-juveniles can
be identified unless the court specifically forbids it.
✔✔What is 'jigsaw identification'? - ✔✔When someone who has been given anonymity
is nevertheless identifiable to the public through the accumulation of details which have
been published.
✔✔How can jigsaw identification be avoided? - ✔✔If newspapers all follow the same
practices when covering the same case.
