Law lecture/reading two: Reporting the Courts.

This weeks reading/lecture outlines the legal principles, limitations of reporting in both crown court and magistrates courts in detail and highlights the importance of 'qualified privilege', contempt of court and the lawful meaning of 'prejudice.'

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 (Mens Rea; the guilty act must be proven and Actus Reas; the guilty mind, was it intentional). Though the concept changes slightly for magistrates court which stands as balance of probability, rather than presumption of innocence.
Justice must be seen to be done highlight the concept that a trail must take place in public (hence public galleries in courthouses) thought, in certain circumstances this is retracted and the trial is held privately if it threatens the welfare of witnesses or may cause prejudice.
Evidence bases on justice simply out lines the right to a jury trail.

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.