NCTJ Court Reporting Exam With Verified
Solutions
Preliminary hearing in magistrates
S52A of Crime and Disorder Act 1998
S52A of Crime and Disorder Act 1998 on pleas
Statute does not say report can include any indication of plea/denial but denial can be safely included
in fairness to defendant because not prejudicial
Section 9 of Contempt of Court Act 1981
Don't record audio in court
Criminal Procedure Rules on audio
OK for note-taking if there's a 'reasonable need'
Section 11 of Contempt of Court Act 1981
Risk to someone's safe must be 'real and immediate'. There must be 'objective evidence' rather than
hypothetical/subjective fear
Case for challenging restrictions when name has already been given
R v Arundel Justices x p Westminster Press 1985
Case for Section 11 not for the 'comfort and feelings of defendants'
R v Justices x p McDonagh [1988]
Case for challenging reporting restrictions
Attorney General v Leveller Magazine [1979]
Contemporaneous OVP buzzwords
report must be published 'as soon as practical'. A report published the following day would be
contemporaneous
Absolute Privilege criteria
Fair, accurate, and contemporaneous
Accurate OVP buzzwords
Allegations must be properly attributed to whoever makes them
Section 4.2 of Contempt of Court Act
Temporary postponement of reports of proceedings to avoid risk of prejudice to the same or another
case. As long as the court decides.
Does s49 still apply if youth court case is appealed and goes to crown court?
yis
, Case for open court
Scott v Scott 1913
Case for successful section 11
Re officer l
Section and act for talking with juries
Section 20D Juries Act 1974
Section 20D of the Juries Act 1974
It is in contempt to obtain, disclose or solicit any particulars of statements made, opinions expressed,
arguments advanced or votes case by members of the jury in the course of their deliberations in legal
proceedings
Act for pictures in court
Criminal Justice Act 1925
Tweeting in court
Criminal Practice Directions say OK to report cases via tweeting as long as use is 'silent and
unobtrusive'. You do not need permission to tweet from inside courtroom to report a case but
court/judge can ban tweeting. OVP: court may ban tweeting if it may mean a witness can be
influenced by tweets of another's testimony
S37 Children and Young Persons Act 1933
Adult court. Public can be excluded when juvenile giving evidence in case involving indecency.
S47 Children and Young Persons Act 1933
Youth court. Public cannot attent youth court but 'bona fide journalists can'
S49 Children and Young Persons Act 1933
Automatic anonymity for juveniles in youth court until they turn 18.
S45 Youth Justice and Criminal Evidence Act 1999
Protecting welfare of juveniles concerned with proceedings in adult's court. Bans media of identifying
a juvenile as being involved in the case. Could be defendant or witness/victim/alleged victim. Until
they turn 18.
S45a Youth Justice and Criminal Evidence Act 1999
Protecting identity of juvenile witness in fear or distress for their lifetime
S46 Youth Justice and Criminal Evidence Act 1999
Protecting identity of adult witnesses in fear or distress. The judge must be satisfied that the witness
is in fear or distress about being identified and the quality of their evidence or level of co-operation
will be diminished.
Solutions
Preliminary hearing in magistrates
S52A of Crime and Disorder Act 1998
S52A of Crime and Disorder Act 1998 on pleas
Statute does not say report can include any indication of plea/denial but denial can be safely included
in fairness to defendant because not prejudicial
Section 9 of Contempt of Court Act 1981
Don't record audio in court
Criminal Procedure Rules on audio
OK for note-taking if there's a 'reasonable need'
Section 11 of Contempt of Court Act 1981
Risk to someone's safe must be 'real and immediate'. There must be 'objective evidence' rather than
hypothetical/subjective fear
Case for challenging restrictions when name has already been given
R v Arundel Justices x p Westminster Press 1985
Case for Section 11 not for the 'comfort and feelings of defendants'
R v Justices x p McDonagh [1988]
Case for challenging reporting restrictions
Attorney General v Leveller Magazine [1979]
Contemporaneous OVP buzzwords
report must be published 'as soon as practical'. A report published the following day would be
contemporaneous
Absolute Privilege criteria
Fair, accurate, and contemporaneous
Accurate OVP buzzwords
Allegations must be properly attributed to whoever makes them
Section 4.2 of Contempt of Court Act
Temporary postponement of reports of proceedings to avoid risk of prejudice to the same or another
case. As long as the court decides.
Does s49 still apply if youth court case is appealed and goes to crown court?
yis
, Case for open court
Scott v Scott 1913
Case for successful section 11
Re officer l
Section and act for talking with juries
Section 20D Juries Act 1974
Section 20D of the Juries Act 1974
It is in contempt to obtain, disclose or solicit any particulars of statements made, opinions expressed,
arguments advanced or votes case by members of the jury in the course of their deliberations in legal
proceedings
Act for pictures in court
Criminal Justice Act 1925
Tweeting in court
Criminal Practice Directions say OK to report cases via tweeting as long as use is 'silent and
unobtrusive'. You do not need permission to tweet from inside courtroom to report a case but
court/judge can ban tweeting. OVP: court may ban tweeting if it may mean a witness can be
influenced by tweets of another's testimony
S37 Children and Young Persons Act 1933
Adult court. Public can be excluded when juvenile giving evidence in case involving indecency.
S47 Children and Young Persons Act 1933
Youth court. Public cannot attent youth court but 'bona fide journalists can'
S49 Children and Young Persons Act 1933
Automatic anonymity for juveniles in youth court until they turn 18.
S45 Youth Justice and Criminal Evidence Act 1999
Protecting welfare of juveniles concerned with proceedings in adult's court. Bans media of identifying
a juvenile as being involved in the case. Could be defendant or witness/victim/alleged victim. Until
they turn 18.
S45a Youth Justice and Criminal Evidence Act 1999
Protecting identity of juvenile witness in fear or distress for their lifetime
S46 Youth Justice and Criminal Evidence Act 1999
Protecting identity of adult witnesses in fear or distress. The judge must be satisfied that the witness
is in fear or distress about being identified and the quality of their evidence or level of co-operation
will be diminished.
