Media Law and Court Reporting Lecture Notes

Comprehensive vocabulary flashcards covering UK media law, court reporting restrictions, statutory provisions, criminal procedure, and defamation defences based on lecture notes.

Information in a Charge

The essential details specified in a formal criminal charge: the dates of the offence, where it took place, the name of any alleged victim, and any property involved (in theft cases, etc.).

Police Bail

A procedure whereby the police release an individual under conditions requiring them to return at a later date, during which criminal proceedings remain active.

Summary Offence

A comparatively minor criminal offence that is dealt with and tried in the Magistrates' Court.

Either-Way Offence

An offence triable either summarily in the Magistrates' Court or by a jury in the Crown Court, depending on the severity of the case (e.g., theft, handling stolen goods).

Indictable-Only Offence

A serious offence that must be tried by a jury in the Crown Court due to its severity (e.g., murder, manslaughter, rape, robbery, blackmail, perjury).

Theft

Dishonestly taking property belonging to another with the intention of permanently depriving them of it.

TWOC-ing

An abbreviation for Taking a Vehicle Without the Owner's Consent.

Handling

Dishonestly receiving, retaining, removing, disposing of, or realising stolen goods—or arranging to do so—after the theft is complete, while knowing or believing them to be stolen.

Burglary

Unlawful entry into a building with criminal intent, requiring no direct confrontation.

Aggravated Burglary

Committing burglary while carrying a weapon, firearm, or explosives under Section 10 of the Theft Act, carrying a maximum sentence of life imprisonment.

Robbery

Stealing by using force or the immediate threat of force against a person.

Blackmail

Making an unwarranted demand with menaces with a view to gain for oneself or another, or with intent to cause loss to another.

Fraud

A dishonest action committed with the intention of making a gain for oneself or another, or causing loss (or the risk of loss) to another person.

Perjury

The criminal act committed by a lawfully sworn witness, defendant, or interpreter who wilfully makes a false statement material to a judicial proceeding, knowing it to be false or not believing it to be true.

Court Bail

Being granted liberty until the next hearing or court appearance, subject to conditions such as living at home, surrendering a passport, reporting to a police station, or not contacting witnesses.

Surety

A person who guarantees a defendant's appearance in court, usually by pledging a sum of money.

Suspended Sentence

A custodial sentence that the defendant does not serve unless, within an operational period set by the court, he or she re-offends or breaches any requirement imposed by the court.

Absolute Discharge

A court outcome where a conviction is recorded, but the court feels that no formal punishment is required.

Mitigation

A plea for leniency or representations made by the defence lawyer prior to sentencing outlining reasons to lessen the severity of the sentence.

Hostile Witness

A witness who shows a reluctance to tell the truth and who can, with the court's permission, be asked leading questions by the party who called them.

Offences Taken into Consideration (TIC)

Offences with which a defendant has not been charged, but which they admit to having committed so the court can deal with them all at once to ensure a fresh start in the future.

Majority Verdict

A Crown Court jury verdict accepted by the judge after at least 2 hours and 10 minutes of deliberation, split $11:1$ or $10:2$ (or $10:1$ or $9:1$ if the jury has reduced in size).

Indication of Plea

A provisional statement or signal given at the first hearing in the Magistrates' Court indicating how a defendant intends to plead to an either-way or indictable-only offence.

Formal Plea

The official, binding response to a criminal charge entered onto the court record (entered at the first hearing for summary offences, or later at the Plea and Trial Preparation Hearing for indictable-only offences).

Sending for Trial

The procedure under Section 51 of the Crime and Disorder Act 1998 whereby the Magistrates' Court transfers an indictable-only or either-way case to the Crown Court before guilt is decided, so a judge and jury can determine guilt or innocence.

Committal for Sentence

The procedure where the Magistrates' Court records a conviction but sends the defendant to the Crown Court to be sentenced, because their maximum sentencing powers are deemed insufficient.

Section 52A of the Crime and Disorder Act 1998

A statute that imposes automatic reporting restrictions on preliminary hearings in the Magistrates' Court for any case retaining the potential for a jury trial.

Strict Liability Rule (Contempt of Court Act 1981)

A rule under Section 1 of the Contempt of Court Act 1981 holding publishers liable if published material creates a substantial risk of serious prejudice or impediment to active criminal or civil proceedings, regardless of intent.

Section 4 Defence (Contempt of Court Act 1981)

A media defence against strict liability contempt providing that a person is not guilty if the publication is a fair, accurate, contemporaneous report of legal proceedings held in public, published in good faith.

Section 4(2) Postponement Order

A court order under the Contempt of Court Act 1981 postponing the reporting of proceedings where necessary to avoid a substantial risk of prejudice to the administration of justice in those or linked proceedings.

Section 20D of the Juries Act 1974

A statute making it a criminal offence to intentionally disclose, obtain, or solicit information about statements made, opinions expressed, arguments advanced, or votes cast by jury members during deliberations.

Section 9 of the Contempt of Court Act 1981

A statute prohibiting the use or bringing of unauthorized audio-recording devices into court, as well as the broadcasting or public playing of any such recordings.

Section 41 of the Criminal Justice Act 1925

A statute banning the taking of photographs, sketching, portraiture, or filming of judges, jurors, witnesses, or parties inside a courtroom or within its precincts.

Section 11 of the Contempt of Court Act 1981

A statutory power allowing a court to give directions prohibiting the publication of a name or other matter withheld from the public in open court, strictly to protect the administration of justice.

Section 49 of the Children and Young Persons Act 1933

A statute imposing automatic reporting restrictions that prohibit the publication of any identifying details of any juvenile (defendant, victim, or witness) concerned in Youth Court proceedings.

Section 45 of the Youth Justice and Criminal Evidence Act 1999

A statutory provision giving adult courts discretionary power to impose reporting restrictions granting anonymity to any juvenile concerned in proceedings until they turn 18.

Section 45A of the Youth Justice and Criminal Evidence Act 1999

A statutory order granting lifelong anonymity to a juvenile witness or victim (excluding defendants) who was under 18 when proceedings began, where fear or distress would diminish their evidence or cooperation.

Section 39 of the Children and Young Persons Act 1933

A statutory provision allowing civil courts the discretionary power to prohibit the publication of identifying details of any juvenile concerned in civil proceedings until they reach age 18.

Sexual Offences (Amendment) Act 1992

Legislation granting lifelong statutory anonymity to alleged victims and complainants of sexual offences from the moment an allegation is made.

Single Justice Procedure (SJP)

A Magistrates' Court process heard in private by a single magistrate and legal adviser for non-imprisonable summary offences where adult defendants plead guilty in writing or fail to respond.

Rule 5.8 of the Criminal Procedure Rules

A procedural rule entitling accredited journalists to be supplied upon request with copies of the prosecution statement of facts, witness statements, and defence representations in mitigation.

Inquest

A public judicial inquiry held by a Coroner's Court to establish four statutory findings: who the deceased person was, and how, when, and where they died.

Treasure

Historical objects found in or on the ground that are more than 200 years old and contain metal, as determined by a coroner's inquest.

Absolute Privilege

A complete defence against defamation actions protecting fair, accurate, and contemporaneous reports of judicial proceedings heard in public before a UK court.

Qualified Privilege

A statutory defence under the Defamation Act 1996 protecting fair and accurate media reports of public court proceedings when the coverage is non-contemporaneous, provided it is published without malice.

Honest Opinion

A defamation defence protecting statements of opinion held honestly on existing facts or privileged material, defeating claims unless malice or bad faith is shown.