In court

Description

NCTJ revision
kate_dodson123
Mind Map by kate_dodson123, updated more than 1 year ago
kate_dodson123
Created by kate_dodson123 over 9 years ago
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Resource summary

In court
  1. Criminal Justice Act 1925
    1. Section 41
      1. Prohibits photos, film or sketches with a view to publish
        1. In court
          1. Entering or leaving precincts
          2. Could be contempt of court
          3. Act does not define 'precincts'
          4. Section 11 of Contempt of Court Act
            1. Where presence of press and public defeats ends of justucs
              1. Matters affecting children
                1. Security of state/official secrets
                  1. Mental health/mental incapacity
                    1. Banning name or other info to be published
                      1. Only if info has already been withheld and public don't know
                      2. Not to be made for the comfort and feelings of D
                        1. Risk to safety needs to be real and immediate
                          1. backed by evidence
                        2. Text-based communications
                          1. Allowed to provide 'live' coverage
                            1. E.g. Twitter
                            2. Lord Chief Justice
                              1. 2011
                            3. Section 4(2) Orders
                              1. Postpone publication
                                1. Avoid prejudice of jury
                                2. Called a 'Blanket Order'
                                  1. Must be in writing
                                  2. Audio recording
                                    1. Contempt of Court 1981
                                      1. Section 9
                                        1. No tape recorders or audio recording devic
                                          1. Cannot broadcast any audio of court proceedings
                                            1. Can't make unauthorised use of recording if its allowed
                                        2. Youth and Criminal Evidence Act 1999
                                          1. Section 46
                                            1. Ban on revealing identity of adult witness
                                              1. Scared or distressed about testifying
                                                1. If quality of evidence likely to be diminished
                                                  1. Affect quality of cooperation
                                                    1. Anonymity will improve quality of evidence
                                                    2. Protect them from hostility in their communities
                                                      1. Name, address, workplace, educational establishment, picture
                                                        1. Cannot be used to give anonymity
                                                          1. Defences
                                                            1. Not aware publication included the matter or report in question
                                                              1. Witness gave written consent to be published
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