48963
Description
Flashcards by Maria O'Dempsey, updated more than 1 year ago
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Created by Maria O'Dempsey
over 11 years ago
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| Question | Answer |
| Section 9 Recording restrictions | - Banned from taking in/using tape recorder or make a recording - Contempt to b'cast audio - Common Law Contempt: Photography/sketches/other recording in & around court property/precinct - Covered by Criminal Justice Act 1925 |
| Section 8: Confidentiality of Jury deliberation | - Contempt to disclose statements made by members of the jury |
| Defence | - Privilege: Providing no court postpone report of full/part of proceedings - Journos will not be in coc when covering court hearing in public & report is FAC & in good faith |
| Section 4 | - Postponement: some matter should not be published for a set period of time to not create SROSP |
| Section 11 | - Complete ban: prohibiting publication of details from ever being published where justice requires it |
| Substantial Risk | - Info derogatory of accused linking directly to crime - Photo ID an issue - Further the trial, geographically & time; less risk - OVP: 2004 Daily Star fined £60,000 ID two premiership footballers q'd over gang rape in London ID an issue |
| Courts Act 2003 | - Courts can force media to pay full costs of trial is trial is prejudiced - Media can challenge & appeal under A10 of ECHR - OVP: Rosemary West appealed convictions, argued that media coverage did not give fair trial: rejected, jury asked only to act on evidence in court |
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