NCTJ Essential Media Law Exam With Verified
Solutions
Define 'summary proceedings'
Hearings in which magistrates try or sentence defendants
What is an 'either way' offence?
Defendants can either be tried in magistrates or crown court
What is an 'indictable only' offence?
The most serious crimes which begin in magistrates then the case is 'sent' to crown court
What is a 'summary offence'?
The most minor offences which are dealt with by magistrates.
Define 'tort'
A civil wrong for which monetary damages may be awarded.
Contempt of court is a 'strict liability' offence. What does this mean?
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?
Section 1
What is strict liability contempt?
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 risk-
publisher's motives are irrelevant.
What is common law contempt?
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?
Any writing, speech, broadcast or any communication addressed to any section of the public including
websites.
When is a criminal case active? (5)
-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)
-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
-When the case is discontinued
Why is there a lower risk of contempt once an appeal has been lodged?
Although an appeal means that the case is active again, jurors very rarely hear appeals (unless it's a
re-trial) and therefore, there is less of a risk of prejudicing a jury.
What must reports of a trial be? (3)
Fair, accurate and contemporaneous
What kind of material is prejudicial during a trial? (5)
-Mention of previous convictions
-Suggestion of dishonesty or bad character
-Anything that connects them directly to the crime
-Any suggestion of guilt
-Photographs or descriptions of the defendant
What kind of material is okay to publish during a trial? (4)
-Basic details of the crime
-Name and charge of the accused
-Basic background about the defendant (Non-prejudicial information only)
-Tributes, memorials and funerals
What should happen to police appeals following the arrest of the wanted person?
The information given by police should be removed and not repeated because the arrest warrant and
subsequent arrest means that the case is active.
What is the 'fade factor'?
The fade factor recognises that the public will have probably forgotten the details of the crime in its
early stages.
What must online providers do in order to avoid contempt? (3)
-They should take down their sidebars pointing users towards older stories.
-They may choose to remove the material altogether.
-They should be wary of allowing reader's comments which may be prejudicial.
When does a civil case become active?
When a date for the hearing or trial has been fixed.
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?
Solutions
Define 'summary proceedings'
Hearings in which magistrates try or sentence defendants
What is an 'either way' offence?
Defendants can either be tried in magistrates or crown court
What is an 'indictable only' offence?
The most serious crimes which begin in magistrates then the case is 'sent' to crown court
What is a 'summary offence'?
The most minor offences which are dealt with by magistrates.
Define 'tort'
A civil wrong for which monetary damages may be awarded.
Contempt of court is a 'strict liability' offence. What does this mean?
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?
Section 1
What is strict liability contempt?
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 risk-
publisher's motives are irrelevant.
What is common law contempt?
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?
Any writing, speech, broadcast or any communication addressed to any section of the public including
websites.
When is a criminal case active? (5)
-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)
-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
-When the case is discontinued
Why is there a lower risk of contempt once an appeal has been lodged?
Although an appeal means that the case is active again, jurors very rarely hear appeals (unless it's a
re-trial) and therefore, there is less of a risk of prejudicing a jury.
What must reports of a trial be? (3)
Fair, accurate and contemporaneous
What kind of material is prejudicial during a trial? (5)
-Mention of previous convictions
-Suggestion of dishonesty or bad character
-Anything that connects them directly to the crime
-Any suggestion of guilt
-Photographs or descriptions of the defendant
What kind of material is okay to publish during a trial? (4)
-Basic details of the crime
-Name and charge of the accused
-Basic background about the defendant (Non-prejudicial information only)
-Tributes, memorials and funerals
What should happen to police appeals following the arrest of the wanted person?
The information given by police should be removed and not repeated because the arrest warrant and
subsequent arrest means that the case is active.
What is the 'fade factor'?
The fade factor recognises that the public will have probably forgotten the details of the crime in its
early stages.
What must online providers do in order to avoid contempt? (3)
-They should take down their sidebars pointing users towards older stories.
-They may choose to remove the material altogether.
-They should be wary of allowing reader's comments which may be prejudicial.
When does a civil case become active?
When a date for the hearing or trial has been fixed.
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?
