ML CHALLENGING THE COURTS NCTJ EXAM
QUESTIONS AND ANSWERS GRADED A+
The media's right to be heard: Rule 16.2 of Criminal Procedure Rules: -
✔✔A court should not impose a restriction unless each party affected -
including media - was present to make representations
Rule 16.4, CPR: - ✔✔Parties applying for a restriction should give media
advance notice
Court has discretion to hear applications without notice and without media
present
Journalists have 24 hours to make representations
Making a challenge in court - ✔✔Approach the clerk; pass them a note for
judge
Ask the clerk to supply the notice of restriction in written form; quote case
law if possible
And/or
Get editor to fax or email a letter
Remember: Principle of Open Justice, Scott v Scott, 1913
, Challenges to take to a higher court - ✔✔Decisions in magistrates courts
can be taken to High Court for judicial review
Decisions in Crown Court can be taken to Court of Appeal (under s159
Criminal Justice Act)
This can take time and cost a lot of money - it will involve paying lawyers
Areas of law where media have commonly challenged court - ✔✔s4(2)
CoCA - temporary ban
s11 CoCA - permanent ban
s45 YJCE Act (& when it was s39 CYPA) - anonymity
s49 CYPA - automatic anonymity for juveniles
s1 Sexual Offences Act eg R v Arthur Hutchinson, 1985 - lifelong
anonymity
R v Arthur Hutchinson, 1985 - ✔✔Hutchinson charged with murdering
three members of family and raping girl from same family in Sheffield at a
wedding party
Media argued it would be impossible to report it could not name the family
Also argued Sheffield public would remember who the murdered family
were anyway, so no point in the raped girl being anonymous
Judge agreed it would be 'unreasonable and substantial' restriction on
reports: lifted anonymity
QUESTIONS AND ANSWERS GRADED A+
The media's right to be heard: Rule 16.2 of Criminal Procedure Rules: -
✔✔A court should not impose a restriction unless each party affected -
including media - was present to make representations
Rule 16.4, CPR: - ✔✔Parties applying for a restriction should give media
advance notice
Court has discretion to hear applications without notice and without media
present
Journalists have 24 hours to make representations
Making a challenge in court - ✔✔Approach the clerk; pass them a note for
judge
Ask the clerk to supply the notice of restriction in written form; quote case
law if possible
And/or
Get editor to fax or email a letter
Remember: Principle of Open Justice, Scott v Scott, 1913
, Challenges to take to a higher court - ✔✔Decisions in magistrates courts
can be taken to High Court for judicial review
Decisions in Crown Court can be taken to Court of Appeal (under s159
Criminal Justice Act)
This can take time and cost a lot of money - it will involve paying lawyers
Areas of law where media have commonly challenged court - ✔✔s4(2)
CoCA - temporary ban
s11 CoCA - permanent ban
s45 YJCE Act (& when it was s39 CYPA) - anonymity
s49 CYPA - automatic anonymity for juveniles
s1 Sexual Offences Act eg R v Arthur Hutchinson, 1985 - lifelong
anonymity
R v Arthur Hutchinson, 1985 - ✔✔Hutchinson charged with murdering
three members of family and raping girl from same family in Sheffield at a
wedding party
Media argued it would be impossible to report it could not name the family
Also argued Sheffield public would remember who the murdered family
were anyway, so no point in the raped girl being anonymous
Judge agreed it would be 'unreasonable and substantial' restriction on
reports: lifted anonymity
