Final Complete Exam for NCTJ Preliminary Media Law & Regulation 2024

Final Complete Exam for NCTJ Preliminary Media Law & Regulation 2024 What are the two types of contempt? (2) - CORRECT ANSWER-1. Common Law contempt; 2. Strict Liability contempt What can be considered Common Law contempt? - CORRECT ANSWER-Publishing material which creates a substantial risk of serious prejudice to legal proceedings which are imminent or pending. What does the Criminal Justice Act 1925 prevent? - CORRECT ANSWER-Court sketches or portraits made in courtroom. What must be proved under Common Law contempt if material is published that can be seen to create a substantial risk of prejudice? - CORRECT ANSWER-That there was 'intent' to create such risk. What does the Strict Liability Rule say? - CORRECT ANSWER-It is contempt to publish any material which creates a substantial risk of serious prejudice or impediment to active proceedings What is the difference between Common Law contempt and Strict Liability contempt? - CORRECT ANSWER-Under Strict Liability contempt, you do not need to have 'intended' to commit an offence. The fact an offence has been committed is enough to prosecute. What can cause a substantial risk of serious prejudice? (4) - CORRECT ANSWER-(1) Reference to any previous convictions which the suspect or defendant may have (2) Anything that suggests he or she is dishonest in some way. (3) Anything that appears to link the accused directly to the crime (4) Any other suggestion that the accused is guilty When do proceedings cease to be active? (4) - CORRECT ANSWER-(1) When the arrested person is released without charge (2) No arrest has been made within 12 months of the issue of an arrest warrant. (3) The case is discontinued. (4) The defendant is acquitted or sentenced. Can proceedings become active again? - CORRECT ANSWER-Proceedings can become active again if an appeal is lodged following a verdict or sentence. What happens if proceedings become active again? - CORRECT ANSWER-Strict liability contempt risk resumes. But, only once appeal is lodged - which can take time meaning no immediate risk of contempt. What sort of material is prejudicial? - CORRECT ANSWER-Using an image - if identification of the accused is central to the case. What is the risk of using an image of a criminal? - CORRECT ANSWER-Risk is witness may recall a face from media coverage rather than their own memory. What material can you actually publish? - CORRECT ANSWER-What the jury already knows: - identity of person who has been arrested/charged; - Details of the alleged offence. What are the other areas of contempt? - CORRECT ANSWER-Under the Criminal Justice Act 1925 it is contempt to photograph, take stills or video, or make sketches of anyone within court or within its 'precincts'. What does section 3 of the COCA 1981 say? - CORRECT ANSWER-It offers a defence from contempt charges if the individual responsible for publication, having "taken all reasonable care" had no reason to suspect that proceedings were active What must a reporter do to have a credible defence under section 3? - CORRECT ANSWER-Must be able to show that they checked at the appropriate time (a reporter should make a notebook entry of the time and date and individual they spoke to etc)