Media Law: Crime reporting

In general, journalists in the UK have no more right to information than any other citizens.

In our first law lecture we covered the different types of courts, and the law system. In my blog post I linked to the hierarchy I posted in Year One, which explains all of this in detail.

Our second lecture covered crime reporting.
A crime prosecution is started when:

• Police make an arrest.


• A person is charged with a crime


• A magistrates issues a warrant or summons

A person accused of a crime will appear first at a magistrates court, but more serious cases will be dealt with by a Crown Court.

There are many dangers in crime reporting, including libel, defamation and contempt of court. For example, if a media organisation reports an offence or charge innacurately, it may be sued for libel by the defendant.

There are 7 points that must be included in crime reporting:

• Names, ages, addressess and occupations of defendant.


• Charges faced.


• Name of court and magistrates names.


• Names of solicitors and barristers present


• Date and place of where the case is adjourned


• Arrangements of bail


• Whether legal aid is granted.

There are 3 types of crime:

• Indictable only: Dealt with at Crown Court. Possible sentence of 5 years +


• Either way: Can go to Crown Court or Magistrates Court.


• Summary: Stays at Magistrates.

Magistrates have the power to sentence criminals to:

• 6 months in jail


• Up to £5000 fine.


• Suspended sentence


• Conditional discharge


• Community orders


• ASBOs

Crown Courts deal with the most serious criminal cases, and all indictable-only offences such as rape, robbery and murder.

The key stages in a trial at Crown Court are:

• Prosecution opening


• Key prosecution witness


• Defence opening


• Key defence witness


• Judges summing up


• Jury sent out, deliberation and verdict


• Sentencing.

A jury can reach a verdict by majority, but the media should only report the verdict, not whether it was made by a majority decision.

It is also illegal to take pictures of, film, or sketch people in court, or take audio recordings of a court case. It is also illegal to try and discover or publish, what was discussed between the jury, and how each juror voted.

There are certain people that cannot be identified in crime reports.
These include:

• A defendant or witness under the age of 18


• A victim or alleged victim of a sexual offence.

Anonymity in sexual offence cases can be waived if the defendant wishes.

The biggest risk for journalists in reporting on crime is contempt of court. This is committed if a reporter publishes anything which could affect an "active case".
A court can order the media to postpone a court report if it believes it will create a substantial risk to the case.