Court Reporting

Presumption of innocence: those charged with criminal offences are not required to prove their innocence.

Prosecution must prove guilt beyond reasonable doubt

An arrest automatically makes a case active under the Contempt of Court Act 1981.

‘Helping with enquiries’ – journalists should check whether the suspect is helping the police voluntarily or is under arrest. The charge makes the case active under the Contempt of Court Act, if it is not already active because of an arrest. The case ceases to be active if an arrested person is released without charge, unless they are released on bail.

Laying or presenting of information – written charge and requisition

A summons is a formal document, issued by a magistrates court, setting out one or more crime allegations in similar detail to a charge. The summons makes the case active.

The issue of an arrest warrant also makes the case active, if not already active.

A media report that includes name, or other detail identifying the suspect, could allow the individual to sue for libel if the investigation does not lead to a prosecution. Publishing a statement that someone is under investigation, even when this is factually correct, may be defamatory because it infers guilt.

*Chris Jefferies case*

If the media are officially given the name of a person under investigation or arrest by a governmental agency, they will have qualified privilege when reporting it. Some media organisations may choose to publish, in high profile cases, names before it is known if there will be a charge without qualified privilege. Police leaks could indicate that there will be a charge. If the person is charged, a pre-charge publicity libel action becomes less likely because the damage caused is usually outweighed or indistinguishable from the court case reports, which the media are safe to publish.

The Education Act 2011 gives automatic lifelong anonymity to teachers in respect of any allegation that they have or may have committed an offence against a pupil. It is illegal to publish any detail that could lead the public to identify him/her. The anonymity ends if they are charged or a court agrees that it should be lifted in the interests of justice.

Categories and definitions

Indictable-only offences: the most serious crimes punishable by the longest prison terms – e.g murder, rape, robbery. Tried in Crown Court.

Either-way offences: include theft, sexual assault and assault causing GBH.

Summary offences: minor offences include common assault, drunkenness and speeding offences. Tried in Magistrates.

Court reports must be fair, accurate and contemporaneous.

Accuracy with crime definitions is important because organisations could be sued for libel.

The section 8C reporting restrictions automatically apply for cases at magistrates courts where the defendant pleads not guilty. They ban the publication of any rulings made in pre-trial hearings on admissibility of evidence and points of law. Restrictions also apply in those hearings concerning applications for such rulings including legal argument and discussion about whether such a ruling should apply. The media can only report on seven categories under section 8C restrictions.

1. The name of the court and the magistrates’ names
2. The names, ages, home addresses and occupations of the defendant(s) and witnesses
3. The charge(s) in full or summarised
4. The names of solicitors and barristers in the proceedings
5. If the case is adjourned, the date and place to which it is adjourned
6. Any bail arrangements
7. Whether legal aid was granted

The effect of the restrictions is to ban publication of any reference to evidence, except those in the wording of the charge(s). The media should not report in most instances if or why the prosecution opposed bail. It would be safe to publish that someone was remanded in custody for their own protection because it was feared that their life would be at risk etc.

Section 8C restrictions automatically lapse when there is an acquittal or a conviction or if the court dismisses the case.

Trial procedure

Prosecution opening

Key prosecution witnesses

Defence opening

Key defence witnesses

Judges’ summary

Jury decides

Sentencing

There are no automatic reporting restrictions under the section 70 committal.

Section 52A automatic reporting restrictions place limits on preliminary hearings at magistrates court if the case has potential for jury trial. They are set out in the Crime and Disorder Act 1998 and cover all indictable-only cases and some either-way cases.

The restrictions are designed to prevent publication of any reference to evidence in the case apart from wording of the charge, a defendant’s previous convictions and any other material with potential to create prejudice.

The media can only report on eight categories under section 52A restrictions.

1. The name of the court and the magistrates’ names
2. The name, age, home address and occupation of the accused
3. In the case of an accused charged with fraud, any relevant business information
4. The charge(s) in full or summarised
5. The names of counsel and solicitors engaged in the proceedings
6. If proceedings are adjourned, the date and place as to which they are adjourned ‘sent for trial’
7. Bail arrangements but not why it was refused
8. Whether legal aid was granted

The media are free to publish that reporting restrictions are in force because that is not a prejudicial fact. The relevant business information which the media can report from a preliminary hearing at a magistrates court is the same as that which can be reported from Crown court.

Reporting denials of guilt and choice of jury trial, the media routinely publish:

• basic protestations of innocence made by the defendant from the dock or through a solicitor. In an indictable-only case no formal plea is taken at magistrates court, but it may be made clear that the charge is denied. In either-way cases, defendants are asked how they plead
• that a defendant, in an either-way case, has chosen trial by jury

Strictly speaking publication of this goes beyond the strict application of section 52A permissions but the media are safe because a denial of charge is not prejudicial and defendants have a right to quote their denial of guilt. Although, the media should be weary of reports suggesting that the defendant will later enter a mixture of pleas.

Describing the courtroom

Background material about the defendant and/or alleged crime from sources outside of the court hearing do not conflict section 52A restrictions but there is a danger of contempt of court.

*Andrew Partington The Sun case*

Section 52A restrictions cease to apply in three circumstances.

1. If restrictions are lifted by the magistrates court. The defendant can request this and their solicitor may want to publicise the case as an appeal for witnesses. Magistrates can also decide to in the interests of justice. Even if the restrictions are lifted, the media should not publish any previous convictions while there is still the potential for a jury trial.
2. Automatically cease to apply if and when, for an either-way charge, it becomes clear as a result of the allocation procedure that the defendant is to be dealt with summarily. (If a defendant pleads guilty to it at a magistrates court.
3. When proceedings against all defendants in the case have been concluded. Evidence aired at preliminary hearings can be fully reported now.

Magistrates: maximum penalties are six months for one offence and 12 for more than one.

There are Crown courts at 77 locations in England and Wales, in administrative regions referred to as circuits. The most famous is the Central Criminal Court in London – Old Bailey.

Crown court reporting restrictions of pre-trial hearings are of the same format – restricted to seven categories:

1. The name of the Crown court and the judge’s name
2. The names, ages, home addresses and occupations of defendants and witnesses
3. The charges or a summary of them
4. The names of solicitors or barristers in the case
5. If proceedings are adjourned, the date and place to which they are adjourned
6. Bail arrangements
7. Whether legal aid was granted

The types of hearings for which the above format of restrictions apply are:

Unsuccessful applications for a case to be dismissed

Preparatory hearings

Relevant business information: any address used by the defendant for carrying on business, the name of the business, the name of any company the accused was a partner or engaged in, the name of any company that the accused was a director of and its address, any working address of the defendant

If there is an appeal against a ruling made by a Crown court judge, section 71 automatically bans reporting of any court discussions about the appeal. It restricts reports of the Court of Appeal hearing and of any further appeal made to the Supreme Court to the same seven categories as previously mentioned.

If a defendant is convicted by a majority, rather than unanimously, the media should report this.

A youth court case which must or may be sent for trial to the Crown court has the potential of being tried by jury so section 52A restrictions automatically apply. The public cannot attend any youth court case but journalists can cover them because section 47 of the Children and Young Persons Act 1933 gives ‘bona fide representatives of newspapers or news agencies’ the right to attend.

All juveniles involved in youth court cases are given automatic anonymity – defendants, witnesses and victims. The media must not reveal the name, address, school, or any information that could lead to identification of an under 18-year-old, or include any image or footage of the juvenile. But a juvenile victim/alleged victim who is dead can be identified by the media. Section 49 anonymity also applies to Crown court and High Court hearings of appeals and, proceedings in a magistrates court for breach, revocation or amendment of youth rehabilitation orders. However, the restrictions do not apply to reports of Crown court proceedings involving a juvenile sent there for trial or committed there for sentence.

When section 49 ceases to apply:

• To avoid injustice
• Unlawfully at large
• In the public interest
• Automatically expires when the juvenile turns 18

There is no automatic ban on identifying a juvenile who appears in a criminal court other than a youth court but the court has discretion to impose anonymity.

Jigsaw identification describes the effect when someone to whom the law has given anonymity is identified by the media to the public because of a combination or accumulation of detail published.

The media must consider jigsaw identification in abuse cases to not identify the juvenile or in some cases the defendant’s relationship to the victim.

Courts can impose orders to ban anti-social behaviour. The default position in law is that a juvenile made subject to such an order, or accused of breaching one, can be identified.

Contempt of Court

The law of contempt of court protects the judicial process. The greatest risk for the media is publishing material which could prejudice a fair trial.

• Giving the impression that the defendant is the sort of person to commit such a crime or vilifying them so witnesses refuse to come forward to help the defence or prosecution case
• Seeking to discover or publishing information from the jury’s confidential discussions about a verdict
• Publishing information which breaches the common law of contempt
• Contaminating a witness’s evidence by interviewing them or offering payment for their story
• Publishing material breaching a court order

Common law contempt is publishing material that creates a substantial risk of serious prejudice to proceedings which are pending or imminent with the intention of creating that risk. *Deliberate or recklessness intention*

Strict liability contempt is publishing material that creates the same risk of prejudice to active proceedings. The writer’s or publication’s intention is irrelevant to the breach.

Molestation and witness interviews pre-trial are a bad idea – anything that could influence the witness’s memory or testimony. Vilifying witnesses could deter others from coming forward as witnesses in the future – media organisations could be punished under common law contempt for this.

Strict liability means that the prosecution does not have to prove that the editor or media organisation intended to create risk. Breaching this is punishable by an unlimited fine or a maximum of two years in prison.

What makes a case active?

• Arrest
• Arrest warrant
• Summons
• Charged orally

Police may not make clear whether a person is under arrest or just helping police with their enquiries. Journalists must press for clarification.

When is a case no longer active?

• The arrested person is released without being charged
• No arrest is made within 12 months of the issue of an arrest warrant
• The case is discontinued
• The defendant is acquitted or sentenced
• The defendant is unfit to be tried, or plead

A Crown court case remains active until the defendant is sentenced. It is possible for the media to breach strict liability contempt between a verdict and sentencing but Crown court judges are usually deemed to experienced to be influenced by the media.

When an appeal is lodged, the case becomes active again but then is inactive when the hearing of the appeal is completed.

Section 3 defence of not knowing proceedings were active. There must be proof that all reasonable care was taken to check the case was active.

Examples of what would breach contempt of court:

• References to previous convictions
• Information suggesting the suspect is dishonest or of bad character
• Any evidence linking to the crime
• Any other suggestion of guilt

It could also be strict liability contempt in an active case to publish:

• A witness’s detailed account of a relevant event after a case becomes active
• A photograph or physical description of a suspect when there is visual identification

In contempt law it is safe to identify the alleged victims of crime before any prosecution begins. The victim/alleged victims of a sexual offence have automatic anonymity from the time the offence is alleged.

Publishing information which will be common ground for the defence and prosecution at the trial would not be prejudicial.

The court should consider: the likelihood of the publication coming to a potential juror’s attention, it’s likely impact on an ordinary reader, and the residual impact on a notional juror at the time of the trial.

The fade factor and limited publication and archive

The section 4 defence does not protect an unfair or inaccurate court report.

Chris’ Debrief and News Writing recap

The editors need to take more charge, make sure you challenge the legalities and facts in every news story. CHECK, CHECK, CHECK. We must be sceptical and question everything. Journalism is there to check the facts.

You must come to the news conference and begin with the statement ‘I have got this…’, we cannot have excuses or plans. The formality needs to come back.

Overall the WINOL text stories on the site need improvement, it needs to be constantly updated like any other online news site. The subbing and production side of WINOL is good and is almost there technically, we can only get better.

What makes Chris happy?

Success, be successful – this is the ultimate goal to improve WINOL’s reputation and make us employable

The best possible thing that we can get is an inside scoop – see Christina’s cameras in court legislation story which she published before Sky News. You make your own luck in journalism, build your contacts up and be in the right place. *Always be in the know*

Subject + Verb + Object = HEADLINES

The subject and verb must agree on:

Tense

Plural

Case – the subject must be capable of producing the action of the verb

People should always be the focus of any news story, this is journalism. If they are used in the headline, it is easier to attach verbs to people this is a good tool for creating a hard hitting headline. *Always use the active voice*

Introductions should be in a simple and summary style, your top paragraph should include Who? What? Where? When? The easiest way to do this is to read newspapers and use them as examples. Just remember that the formula works, copy its structure!

The second paragraph should be your ‘the move follows’ paragraph; it is the explanation of your story. Use this as your why paragraph.

Punctuation needs checking, this is the main job for the subs they should not have to rewrite your whole story.

‘He said in a statement’ is a must for press releases and lifting quotes, just the verb ‘said’ sounds like you have had an interview and the quotes are direct from your work. For lifting, no attribution means no quote. Lifting quotes can be okay, use the phrases: ‘speaking to the press’, ‘told reporters’ and ‘told a newspaper’. There is no need to name the paper but try to limit lifting to 30 words maximum – roughly three sentences maximum before its classed as stealing. When attributing the source, remember to put the date on it the audience want to know how recent the news is. Use ‘said’, ‘says’ or ‘tweeted’. You can also assume that the press officer’s words are the individual’s too, never use ‘a spokesperson said’.

Quotes should only be used as comment, the best quotes are ‘its a dream come true’ or ‘its a nightmare’.

Comment vs Fact:

Fact is an independently verifiable truth statement that should always be in your voice and can be checked by definition. They are not always worth chasing, you have two options either to leave it out or to fudge it. To fudge it means to attribute it or to look it up – the phrase ‘who claims to be’ is very important for this. Comment is everything else.

There is no such thing as checking too many facts; the number one fatal error is that you must never pass comment off as fact.

The perfect combination for a written news story is facts + quotes + headline

Make sure there is a local angle – what is the Winchester perspective? Southampton? Eastleigh?

News writing should have no personality, a mid-market style with a sense of disinterested professionalism.

Put the function first before the name, obviously there are a few exceptions to the rule this would involve celebrities because their job is essentially being themselves. E.g. ‘US President Barack Obama’

Never put an ellipsis in a quote, instead use ‘someone said,[QUOTE], adding she said’. This break can add words up to a thousand words later, find the best quotes. Remember to filter!

Use quotes in your headlines to as impact and get your stories read, this is why we are writing them after all.

Pictures for written stories need to relate to the story and be people orientated ideally and all pictures must have captions.

Two last points to bear in mind are:

What is the best subject? – This will help with headlines and the angle of your story, it all revolves back around to planning

When is recently? – We need times and dates because news is essentially new stuff

*Be careful of commercial malice*

From now on the WINOL site must have simple, declarative and active sentences.