Court reporting is extremely important for broadcast journalists. Knowing what you can report, and particularly at what time during a trial is vital.
Within crime reporting a journalist is constantly wary of contempt and prejudice.
In my previous blog I mentioned Chris Jeffries' case. The newspapers breached contempt of court by printing that Jeffries was a 'killer', despite the fact he had not been convicted, thus prejudicing any possible jury against him.
What can you write when a case becomes active?
Firstly, a case becomes active when an arrest has been made, be it through a verbal arrest or an arrest warrant, or a summons has been issued. When a case is active you can report the following details:
- name, age, address and occupation of the accused
- charges against them
- name of court and Magistrates' names
- name of solicitors
- date and place where court is adjourned
- bail arrangements
- whether legal aid is granted
There are three types of crimes heard at Magistrates or Crown Court:
- Indictable = can be sentenced to five years or more
- Either way = heard at either Crown or Magistrates
- Summary = only heard at Magistrates
A Magistrate has a certain amount of power. They can sentence a person to up to six months in prison for each offence, fine a person up to £5000 or give a suspended sentence. They can also adhere social restrictions like asbos.
Knowing the structure of a trial is also important for a journalist, as to avoid unequal prominence you must report both sides of the trial. For example, if you report the prosecution opening you must then report the defence opening. Below is the structure of a trial:
- Prosecution opening
- Prosecution witnesses
- Cross-examination
- Defence opening
- Defence witnesses
- Cross-examination
- Prosecution and defence may address the court
- Sentencing
- Judges Summary
It is also worth knowing that in Court a criminal case must be "beyond all reasonable doubt" whereas civil is "on the balance of probabilities".
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