SOPHIE WEBB'S WORDS

SOPHIE WEBB'S WORDS

Tuesday, 4 October 2011

Court Court and more Court

Qualified Privilege is the most exciting and honoured law for a Journalist, as it states that literally they don't have to obey the law  as such and can report in court as long as they are Fast, Balanced and AccurateBalanced meaning that if someone is sentenced 'guilty' the report needs to be Balanced and report how this person reacted for example if they denied the accusation. It also needs to be accurate and efficient in what it is stating consisting of only facts that would have been read out in the court. And Fast, as it needs to be published on broadcast within 24 hours hopefully as next day news in order for it to be relevant and up to date for the public as the press are the 'eyes and ears of the public' as people like me and you (even though we have to for our law lecture) wouldn't go and sit in the public gallery at a Crown Court for pleasure. Therefore the press are allowed to be present in order to get the news for the lazy public who wouldn't ever know anything otherwise. However this does put some pressure on the press as they have to be accurate when they publish stories from court as even spelling a name wrong can lead them to be 'libel' as it can represent someone else not involved with the trial to be a murderer all because the press spelt the prosecuters name wrong.

This is linked with the idea of prejudice and how everyone in court including the jury need to be free of such accusations as they can only be found guilty on evidence heard, not by what they look like or any previous offences that may be known to the jury or a judge. (This is also known as 'presumption of innocence' where they need to be treated as innocent until proved guilty.) Back to prejuice and the importance of it not being present in court as it could lead to someone being 'guilty' just because they are wearing a baseball cap in court with the words F**K YOU on it (which as Chris would say makes you look an idiot and as though you are up for a fight. People that wear baseball caps also annoy Chris so beware do not wear one around him!) Importantly if you are part of a jury or in court wearing such clothing that can be accused by the barrister as 'prejudice' ie: a top or banner saying 'guilty' the case can be postponed or in some cases dropped which is why no one should give anyone an excuse to prevent any decisions from being made. Such actions like shouting out in court or attempting to threaten or intimate the judge, jury or even a witness leads to an arrest there and then under the 'strict liability offence' which can entitle you to be imprisoned for around 5 years (so don't go getting any ideas to sit in the public gallery and try and be funny as you will be arrested and will probably not be learning about the law or even Journalism anymore unless you can do it from a cell in prison which lets face it the chances are very high as some people come out more qualified than their mates who havent even been to prison.)

Linking with the idea of 'presumption of innocence' is the idea that 'justice must seen to be done' which is why public galleries are there to be used in both a Crown Court and a Magistrates Court, as the case has to be held in public according to known rules of evidence exceptions to this are ofcourse if a child is involved in a case or any cases which involve a rape victim of if any information can be revlealed to the public that shouldnt be such as how police work. In these cases both the public and press will be asked to leave. Finally there is a law known as 'evidence based justice' which means that the jury themselves have the right to decide weather someone is guilty or not. They can only be judged on the facts given in that particular trial and cannot be 'lead' by the judge in any way or the trial can be cancelled or even dropped (which I doubt they will want to happen as it is a waste of their time).

The Judge runs the trial and are in charge of the case, but to also summarise the case for the jury to make their decision. The judge are the only ones to decide a sentence for a person that is found 'guilty'. The type of cases that you will find in a Crown Court (higher court) are of a more serious offence such as rape and murder which are known as 'indictable offences'. Either Way offences such as a class B drug offence can be asked to go to Crown Court from the Magistrates and if there is enough evidence. Minor offences (non- indictable) are always resolved at Magistrates Court where no jury is present and the vedict is usually community service or a fine.

Therefore although Courts may sound like a scary place to be, if you are in their looking confused sat in the public gallery as either the public or a Journalist you are almost certainly on the right side of both the magistrates and the jury as you have no part in the case and are just there to experience the atmosphere for fun, or even money in a Journalists case.

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