Law Recap Lecture Two:

This weeks reading/lecture outlines reporting from a crown court and magistrates courts.

The basic legal principles include the presumption of innocence, justice must be seen to be done and evidence based on justice.
Presumption of innocence outlines the concept of 'innocent until proven guilty' beyond reasonable doubt or in a magistrates court, 'on the balance of probability.
Justice must be seen to be done highlight the concept that a trial must take place in public though, in certain circumstances this is retracted and the trial is held privately if it threatens the welfare of witnesses or may cause prejudice.

Qualified privilege allows certain persons, ie journalists, to report information which may be seen to be libel if published by other people (so long as it is accurate, fast and fair), though this is restricted in the contempt of court act which highlights what can be published while a case is active this includes:

• Name & age
• Address & occupation
• Charge(s)
• Date & place of Crown Court hearing
• Bail & legal aid conditions
• Names of counsel
  

Cases cease to be active in magistrates courts if there is nothing to suggest it will be take to crown court.
In a crown court, cases are active until conviction or until acquittal, but then only what has been presented in court can be published.
The contempt of court act is to protect the concept of 'presumption of innocence' and enables a fair outlook from the jury, if the jury are swayed by media publications. If this happens it is considered prejudice which suggests the defendant will be judged before evidence is presented. 
 

Key stages of trial: 
Prosecution opening.
Key prosecution witnesses.
Defence opening.
Key defence witnesses.
Judges summing up.
Jury sent out, deliberation and verdict. 
Sentencing.

Current Criminal/Civil Law Cases in the Press:
- Mikaeel Kula - Scottish law is different from British law; there was a private hearing at 'sheriff court', in England and Wales it would be in front of magistrates court. 
- Mail on Sunday report on Mikaeels mother projects bad character and was still available online after she was charged. This holds the risk of causing prejudice now the active, which could result in contempt of court. Though, the article could have been published with the 'fade factor' in mind and could be used as a defense - by the time trial happens people would have forgotten about that information. 
We were show a series of TV news reports on the disappearance of Mikaeel Kula – appeal of his whereabouts, discovery of his body & his mother being charged.
The style and freedom of the reporting changed as the incident progressed. First clip was a factual account his disappearance/appearance/times. His mother was described as being 'distraught' – which won't be mentioned again after charge as it could be a subject at the trail. Prejudicial. Second clip 'colour' emotive piece from local people. Vox pops used. The police thanking people for their help in inquiries. The third clip stepped away from the child and focused on mothers identity and that she was charged and on what counts. The three clips highlight the limitations of an active legal case where only facts have a defense of qualified privilege.