Reporting Crime

Reporting Crime

Prejudice and Contempt

Prejudice is the publication of information that would colour the minds of the jury on a particular case. For example, if a newspaper reported on the prior convictions of a high-profile defendant currently in court, it may pervert the course of justice - a juror reading this article might be more inclined to give a guilty sentence,  in this instance.

Contempt of court is when a publication reveals details that are in breach of the rules of crime reporting. For example, publishing the name and age of a legal child involved in a case would be contempt of court, as children (under 18s) are guaranteed anonymity under the Section 39 and 49 orders.

Contempt: where information is published in breach of the rules on crime orcourt reporting. High risk of prejudicing legal proceedings.

Process of a Justice and Crime Reporting

1. A Crime Occurs. Police are searching for suspects and want as much information and public help as possible. Here a journalist is at liberty to report anything.
2. An Arrest is Made. The case is now legally active, and one must stick to only the hardest facts, i.e. a crime occurred at x during y o'clock and a suspect has been arrested. There is now a risk of prejudice.
3. Police Lay Charges. Only hard facts can be reported, i.e, what the charges are, when the trial will occur.
4. Magistrates Court Hearing. From here on until the case is closed, the reporter is restricted to 7 points:
1. Name of the court
2. Details of the defendant
3. Details of the charges
4. Names of barristers
5. Whether legal aid has been applied for
6. Location of next proceeding
7. Date of next proceeding

Privilege

The Queen has absolute privilege and devolves this privilege to judges, which allows them to say whatever they like in court. This then devolves to journalists.

Journalists reporting criminal cases have qualified privilege. This allows them to report anything said by the judge and lawyers. However privilege does not carry over to everyone in court - a journalist cannot, for example, quote someone shouting abuse from the public gallery, as that person is not protected by privilege.

A journalist can only have the protection of privilege if they report fast, accurately and fairly.

• fast: meaning the report is published in the next available edition or broadcast;
• accurate: all the facts must be correct;
• and fair: the report must be unbiased.

If they do not keep to these rules, the journalist risks losing qualified privilege - opening them up to being in contempt of court or guilty of prejudice.