48867
Description
Flashcards by Maria O'Dempsey, updated more than 1 year ago
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Created by Maria O'Dempsey
about 11 years ago
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| Question | Answer |
| Sexual Offences | - Offence to publish anything which could ID victim: NAWESMP - Lifetime anonymity to victims: Sexual offences act 2003 automatic reporting restrictions - Remains if allegation w/drawn/accused of lesser offence - OVP: Daily Tele/Express 2006 publishing image of complainant at trial of serviceman cleared of serious sexual assault |
| Anonymity Lifted | 1) Request of defendant - bring witnesses forward/where defence would be prejudiced 2) Lift "substantial & unreasonable" restriction on reporting 3) Victim written consent - over 16/peace & comfort uninterfered with 4) False accusations: wasting police time |
| PCC Code 7 | - Must not ID under 16 victim/witness - Child not ID'd - Adult may be ID'd - 'Incest' must not be used - Nothing to imply relationship |
| PCC Code 11 | - Must not ID victim/anything which would ID victim - Unless adequate justification & legally free |
| S4 | - Postponement to avoid SROSP - No time limit - Made after weighing up fair trial vs. open court - Courts have power to hear press reps when considering: defendant involved in more than one trial - Journos will not be done for COC for publishing anything not covered in the order providing it is FAC |
| S46 Youth Justice & Criminal Evidence Act 1999 | - Forbids publication of ID of adult witness if deemed eligible for anonymity - Better protection for witnesses deemed intimidated - Illegal to publish: NAWESMP - Cannot provide anonymity to defendant: avoid jigsaw ID - Cannot lift restrictions: public interest/unreasonable restriction on reporting/interests of justice - Restrictions imposed: Reporter/editor informally ask under what section of act - Media can take judicial review: Gives media route of appeal/must be in writing/story value diminished/trial may be over when reaches court/lawyer fees/court fee |
| S11 COCA | - Ban publication of details from public: NAWESMP - Lord Justice Watkins: "Not enacted for benefit of comfort and feelings of defendants" - Typically used in blackmail cases: national security/commercially sensitive information - Avoid jigsaw ID - OVP: QBDC 1990 financial damage/damage to reputation/good will did not amount to special circumstances entitling a court to restrict press reporting - Challenging: Name/address mentioned during proceedings - 1985 Divisional Court: court had no power to make S11 unless it first allowed the name to be withheld from public during court proceedings |
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