NCTJ Essential Media Law Preliminary Exam Final Study Guide Q&A 2024

NCTJ Essential Media Law Preliminary Exam Final Study Guide Q&A 2024 Define 'summary proceedings' - CORRECT ANSWER-Hearings in which magistrates try or sentence defendants What is an 'either way' offence? - CORRECT ANSWER-Defendants can either be tried in magistrates or crown court What is an 'indictable only' offence? - CORRECT ANSWER-The most serious crimes which begin in magistrates then the case is 'sent' to crown court What is a 'summary offence'? - CORRECT ANSWER-The most minor offences which are dealt with by magistrates. Define 'tort' - CORRECT ANSWER-A civil wrong for which monetary damages may be awarded. Contempt of court is a 'strict liability' offence. What does this mean? - CORRECT ANSWER-Media organisations can be prosecuted for creating a 'substantial risk of serious prejudice', whether or not they intended to create such a risk. Which section of the COCA 1981 cover strict liability contempt? - CORRECT ANSWERSection 1 What is strict liability contempt? - CORRECT ANSWER-Publishing material which creates a substantial risk of serious prejudice or impediment to 'active' proceedings. It does not have to be proven that the media organisation MEANT to create such a riskpublisher's motives are irrelevant. What is common law contempt? - CORRECT ANSWER-Material which creates a substantial risk of serious prejudice to legal proceedings which are imminent or pending. Has to be proved that there was an intent to create such a risk. Applies to material published before proceedings become active. What does the COCA define 'publication' as? - CORRECT ANSWER-Any writing, speech, broadcast or any communication addressed to any section of the public including websites. When is a criminal case active? (5) - CORRECT ANSWER--When a person has been arrested -When an arrest warrant is issued -When a summons for arrest is issued -When a person is charged orally for a crime -Or a document specifying their charge is served When is a criminal case NOT active anymore (5) - CORRECT ANSWER--When the person is released without charge -When no arrest is made within 12 months -When the defendant is acquitted or sentenced -When the defendant is found unfit to be tried