Media Law - Crime Reporting

• Standard of Proof in Criminal Law:
  Within UK law, someone being convicted of a crime is innocent until proven guilty. Unless the defendant has admitted guilt, it is the prosecution’s responsibility to prove, beyond reasonable doubt, that the defendant is guilty.
• The Risk of Libel in Media Identification of Crime Suspects:
• A media organisation can be successfully sued by a defendant if they publish the name of someone who has been arrested – or is under arrest – if the investigation then does lead to a criminal prosecution.
  If a media organisation does publish that someone has been arrested and is under investigation – even if this is factually correct – this is defamatory because there is inference that the person may be guilty. The media organisation may be unable to defend any inference made, against any subsequent libel case, if it is misleading in any way. If a name of a person under investigation is published by a governmental agency – the police or local council e.g. – a media organisation can safely publish the name without the fear of defamation. They can publish this safely using the defence or qualified privilege.
• Qualified Privilege:
• Qualified privilege is a defence available where it is considered important that the facts should be freely known in the public interest. The basic requirements of the qualified privilege defence are;
  - that the published report is fair and accurate, and published without malice, and
  – the matter published must be a matter of public concern, the publication of which is for the public benefit.
• In some circumstances, publications may decide to risk the chance of being sued in order to be the first to publish news about a celebrity if they are a suspect in an investigation, for example.
• The ACPO Guidelines:
• The ACPO guidelines state that you cannot name someone under investigation prior to any charge, however details including age and location may be released.
• Magistrates:
• Magistrates are also known as ‘justices of the peace’ – JPs. Most are lay magistrates, meaning they are part-time and volunteer. "They embody the British Constitutional tradition that those who decide verdicts are, in most instances, not professional judges but are drawn directly from local communities."
  When lay magistrates try a case, there must be at least two present. Magistrates will have a legal advisor at hand for instances in which they are unsure of aspects of the law.
• Magistrates’ Sentencing Powers:
• Within summary trials, if a defendant is convicted, the magistrates can punish the defendant by:
  - Sentencing them for a jail term of up to six months for a single offence,
  - Imposing a fine with the actual amount depending on statute for that offence and any discretion the court has. If the defendant fails to pay a fine imposed, a jail term can be imposed as an alternative.
  Either-Way Offences:
One triable either summarily at Magistrates court of before a jury at Crown Court. In an either-way case, a defendant who has indicated a plea of not guilty has the right to opt for a jury trial at Crown Court. But if they choose to be tried by the Magistrates court it may be overruled by a decision that the Crown Court should deal with it.
Indictable-Only Offences:
A charge, which may be tried by a jury at Crown Court, which therefore is an either-way offence or an indictable-only offence.
Contempt of Court 1981:
The greatest risk of the media committing contempt of court is by the publication of material which might prejudice a fair trial by influencing jurors to think badly of a defendant.
Contempt of court occurs if material is published which creates a substantial risk of serious prejudice or impediment to particular legal proceedings, which are ‘active’.
A case is active from the time:
- A person is arrested,
- An arrest warrant is issued,
- A summons is issued, or
– A person has been charged orally.
A case is no longer active when:
- The arrested person is released without being charged – except when released on police bail,
– No arrest was made within 12 months of the issue of an arrest warrant,
- The case discontinued,
- The defendant is acquitted or sentenced,
- The defendant is found to be unfit to be tried, or unfit to plead, or the courts orders the charge to lie on file.

Defence for Contempt of Court:
In the event of a publication being unaware that a case is active, there is a defence available.
– The defence applies if the person responsible for the publication, having taken all reasonable care, did not know and had no reason to suspect when the matter was published, that relevant proceedings were active.
The burden of proof in this instance is on the person being accused on contempt.