38407
Description
Flashcards by Chris Harper, updated more than 1 year ago
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Created by Chris Harper
about 11 years ago
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| 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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