Law Flashcards

Question	Answer
Section 4 defence of Contempt of Court	A fair and accurate report, published contemporaneously, published in good faith
Section 4(2) of the Contempt of Court Act 1981	Where the court deems necessary to avoid me substantial risk of prejudice to the administration of justice in those proceedings - Or other proceedings pending or imminent -For as long as the court thinks necessary
Section 5 defence of the Contempt of Court Act 1981	Protects stories which are a "ongoing discussion of public affairs as long as the risk of prejudice to a particular case is merely incidental"
Clause 6 of the PCC Code	-Children should be free to go to school without intrusion -Children should not be photographed or approached while at school without school permission -Minors should not be paid for material about their welfare or parents involving their children, unless in child's interest -Children should not be interviewed/photographed involving their or another children's welfare unless a custodial parent consents
What are the requirements to be a coroner?	Seven or more years as a doctor or lawyer
What powers does a coroner have?	- Can make S11 orders under CoC 1981 - Can make S39 orders - Has a right by common law to take possession of a body
Clause 1 of the PPC Code	The Press must take care not to publish inaccurate, misleading or distorted information inc. pictures
Indictable only	Most serious crimes e.g Murder, rape and robbery. 7 Taken in initially by a magistrates court but then dealt at Crown Court because the maximum jail sentence would not be long enough.
Clause 2 of the PPC Code	A fair opportunity to reply to inaccuracies must be given when reasonably called for
Certain categories where a coroner can investigate death	- If the death was violent or unnatural - Death was unknown - Death was in custody/state detention
Purpose of inquests into deaths	Who, when where and how they died and other findings on the particulars of their death
Either Way	Theft, sexual assault, GBH Can be dealt at either Mag. Court or Crown Court depending and defendant can opt to choose jury at Crown Court
Summary	Drunkenness, speeding, assault charges Dealt at Mag. court accept when it leads to a indictable offence where Crown Court will deal with it all
When must a inquest be held by a jury?	- If there is 'sufficient reason' - They were in custody and the death was violent + unnatural + cause unknown - Act or omission of a police officer/police force of the armed services -Caused by accident, poisoning, disease which must be notified by a government department/inspector
Actus Reus	The act which is potentially criminal
Definitions of treasure	- Find of 10 or more coins over 300 years old - Object, not a single coin, over 10% gold/silver and over 300 years old
Mens Rea	'A guilty mind' e.g planned out, attempted with guilty intent
Another name for magistrates	JP's (Justice of the Peace)
Murder	Unlawfully killing of a human being with 'malice aforethought' with the intention to kill or commit GBH. Indictable only.
What is Bail and name the Act?	Where the court grants his/her liberty until the next casehearing Bail Act 1976
Theft	Dishonestly appropriating property with the intent of permanently depriving them of it. (Theft Act 1968) Either Way
Suspended Sentence	They do not have to go to jail, unless they commit another offence, where a jail sentence could be imposed, during the period where the sentence is suspended.
Fraud	Making a fraudulent misrepresention in order to gain a pecuniary advantage
Blackmail	Making a unwarranted demand with menaces with a view to gain.
Community order	Court imposes one or more requirements of: - A curfew - Unpaid work in the community - Receiving treatment for drug/alcohol dependency -Going to attendance centre to reflect on their behaviour
State the strict liability rule of the Contempt of Court Act 1981	"Substantial risk of serious prejudice or impediment to particular proceedings which are active"
When are criminal proceedings active?	- Arrested - Charged orally - Summons to court - Arrest warrant
When do criminal proceedings cease to be active?	- When the case is discontinued - No arrest has been made in 12 months of the warrant being issued - Released without being charged - They have been acquitted or sentenced - Unfit to be tried, to plead or the judge orders the charge to 'lie on file'
Do proceedings become active when an appeal is lodged?	Yes. However, the media is fairly free to publish about the case/appeal as the appeal will be heard by judges not jurors.
What did the Attorney General say about police appeals?	The press have nothing to fear, in reasonable terms, a police appeal for help
Section 3 defence for Contempt of Court 1981	"Taking all reasonable care, he did not know or had no reason to suspect that proceedings where active"
Name material which could cause contempt	-References to a suspect or defendant's previous convictions -Suggesting they are dishonest or of bad character -Evidence linking them to the crime of which they are suspected/accused -Witness's detailed account of a relevant event -Photograph or footage or description of a suspect when ID is or is likely to be a evidence issue because of a ID parade to be help or a witness is expected to testify on their ID
Name the 3 things the courts consider whether or not the publication could cause contempt	-The likelihood of the publication coming to a jurors attention - its likely impact on an ordinary reader - The residual impact on a notional juror at the time of the trail

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	Created by Chris Harper over 11 years ago