NCTJ Media Law and Court Reporting revision notes. Includes examples of case law, specific regulations, and key definitions of legal terms. Perfect for Journalism students taking the NCTJ qualification.
Article 6 of the European Convention on Human Rights (ECHR)
● The right to a fair trial
● “In the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a reasonable time
by an independent and impartial tribunal established by law.”
● Innocent until proven guilty
● The press and public may be excluded from trials “in the interest of morals, public
order or national security in a democratic society”
Article 8 of the ECHR
● The right to privacy
● “Everyone has the right to respect for his private and family life, his home and his
correspondence.”
● Only applies when there is a reasonable expectation of privacy
● 8.2 → “There shall be no interference by a public authority with the
exercise of this right except such as in accordance with the law and is
necessary in a democratic society in the interest of national security,
public safety or the economic wellbeing of the country, for the prevention
of disorder or crime, for the protection of health or morals, or for the
protection of the rights and freedoms of others”
● These rights will be balanced with Article 10 rights in privacy cases
Article 10 of the ECHR
● The right to freedom of expression
● “Everyone has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference by
public authority and regardless of frontiers.”
● If you need to challenge someone in court, you can cite your right as a journalist to
impart information
The Human Rights Act 1998
● Put the ECHR into UK law and increased its influence on the courts
● Any court determining a question in connection with a Convention right must take
account of the European Court of Human Rights (ECtHR)
● It is unlawful for UK public authorities to act in a manner incompatible with the
Convention
Section 52a of the Crime and Disorder Act 1998
● Applies to preliminary hearings in magistrates courts
● Automatic reporting restriction
● You must not:
○ Refer to any evidence apart from the charge
○ Refer to previous convictions
○ Write anything that risks causing ‘a risk of prejudice to the proceedings’ eg.
why bail was refused
, ● You can report:
○ The name, age, address and occupation of the defendant
○ Basic details of the alleged crime - usually included in the charge
○ Name of the court, magistrates and lawyers
○ Whether proceedings are adjourned, and the date and court to which they are
adjourned
○ Bail arrangements and conditions
○ Colour - what the defendant wore, the atmosphere etc.
○ Whether or not legal aid was granted
○ The defendant in an either-way case has chosen trial by jury
● Do not want to prejudice any potential jurors by blackening the character of the
accused
● Restrictions do not apply once the trial ends, or if the court lifts them to allow the
defendant to trace witnesses for an alibi. They also do not apply if the defendant
pleads guilty (there will be no trial), or if the charges are dropped
● Applies at any preliminary hearing when a youth defendant appears in an adult
magistrates’ court charged with a serious crime or alongside an adult
Bail Act 1976
● A defendant brought before a court in a criminal case must be granted bail unless
one or more of the following apply:
○ The court believes the defendant will abscond, or
○ Commit another offence, or
○ Obstruct the course of justice by disposing of evidence or interfering with
witnesses, or
○ Will be likely to cause mental or physical injury to an associated person, or
cause them to fear such injury, or
○ Will be at risk if they are released eg. if the alleged crime has so angered the
community that there is a risk of mob violence, or
○ They are alleged to have committed an indictable-only or either-way offence
at a time when they were on bail granted in an earlier case, or
○ They are already serving a prison sentence, or
○ There is not sufficient information for the court to decide
Section 8C of the Magistrates’ Courts Act 1980
● Covers allocation hearings in cases heading for summary trial
● Preliminary hearings take place after this, just in case the case ends up in a Crown
court
● You can report: the name of court and magistrates, names, ages, addresses and
occupations of defendants, charges, names of lawyers involved in proceedings, date
and place of any adjournment, bail arrangements, whether legal aid is granted
● Restrictions cease to apply if the defendant pleads guilty
● Can report if the defendant indicates they are going to plead guilty
● The media is unlikely to report the address of a witness but may report their name,
age and occupation
Section 8A of the Magistrates’ Courts Act 1980
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