ML Challenging the courts NCTJ Exam Questions and Answers Solved Correctly

ML Challenging the courts NCTJ Exam Questions and Answers Solved Correctly The media's right to be heard: Rule 16.2 of Criminal Procedure Rules: - Answers A court should not impose a restriction unless each party affected - including media - was present to make representations Rule 16.4, CPR: - Answers 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 - Answers 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 - Answers 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 - Answers 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 - Answers 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 Scope of s11 CoCA: - Answers Permanent ban Gives the Court power to: Ban publication of details given in court proceedings where it is in the interest of justice to do so Applies to witnesses and other info Not defendants Challenging CoCA s11 restrictions - Answers Only applies 'in connection with proceedings' Can refer to the person in other contexts Has the name or matter been withheld from the public? Magistrates imposed an s11 on identity, but man's name had already been read out in preliminary hearing, so did not apply (R v Arundel Magistrates, 2985) S 4(2) Contempt of Court act Gives the court power to: - Answers Order a postponement of any report o