87754
Description
Flashcards by Maria O'Dempsey, updated more than 1 year ago
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Created by Maria O'Dempsey
almost 11 years ago
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| Question | Answer |
| Employment Tribunals | -Sexual misconduct alleged: 1)Temp anonymity orders 2)Order must specify who cannot be ID'd & placed on door of tribunal -Order obtained by either party -Tribunal can act independently; no chance for media to contest -No automatic right to make order. ANONYMITY CEASES: -Tribunal decision published/promulgated -Can be weeks/months after tribunal decision unless prohibition lifted -Criminal offence to breach (£5,000) -Lifetime anonymity for victim of sexual assault. CASE DECIDED/PUBLISHED: -Restriction on naming employer removed -Victim protected under Sexual Offences Act 1992 -Avoid jigsaw ID. TRIBUNAL PRIVATE IF: -Against national security -Info prohibited by parliament -Confidential info -Cause substantial injury to witness except in pay/conditions. QP APPLIES: - Fair -Accurate -Contemporaneous -Defamation Act 1966 -Power to punish contempt of tribunal. CASE STUDY: Peach Grey & Co. vs. Sommers 1995 |
| Charges | Indictable: (Crown) -Rape -Assault by penetration -Sexual assault involving under 13. Either Way: (Crown/Mag) -All other sexual offences |
| Anonymity | -Lifetime for victims even if offence withdrawn/reduced -Extended in '04 to indecent assault -Includes ban on NAWESMP -Also applies to alleged victims. CEASES TO APPLY: -Rape/murder charge -Charged w wasting police time/perjury/perverting course of justice -Judge lifts in public interest "imposes substantial & unreasonable restriction on reporting" -Bring witnesses forward -Written consent/over 16/P&C not interfered with. JIGSAW ID: Could be ethical breach of PCC/OFCOM -PCC says reporters should cooperate on details to avoid -Do not publish details which may lead to ID unless justified/legally free -Children: may name adult if does not ID child. DEFENDANT: Little restriction (Criminal Justice Act 1988) -Unless it would ID victim: courts can impose restrictions to protect ID of victim |
| Defences: Identifying victim | -Prove not aware -Did not suspect -No reason to suspect publication was in breach of act -Attorney General must approve prosecution -Applies to proprietor, editor, publisher, producer |
| PCC | CHILDREN 7: -Must not ID children victim/witness involved in sexual case -Adult may be ID'd if does not ID child -'Incest' must not be used -Nothing of relationship should be implied. CLAUSE 7: Public interest exception: "exceptional to public interest" override paramount interests of child. VICTIM OF SEXUAL ABUSE 11: - Must not ID victims of sexual assault/publish info which could lead to ID -Unless adequate justification & legally free |
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