NCTJ PRELIMINARY LAW SOLUTION PACK

NCTJ Media Law & Regulation DefinitionsCustom - correct answer An ancient rule of law for a particular locality. Precedent - correct answer Rulings established by judges that apply to common law cases. Statute - correct answer Simply, Acts of Parliament. European Convention on Human Rights ...

NCTJ -Media Law - Terminologies'summary proceedings' - correct answer Hearings in which magistrates try or sentence defendants What is an 'either way' offence? - correct answer Defendants can either be tried in magistrates or crown court What is an 'indictable' offence? - correct answer ...

NCTJ Media Law - ContemptNCTJ Media Law - ContemptStrict Liability Contempt under the Contempt of Court Act 1981 - correct answer "Substantial risk of serious prejudice" and "Proceedings are active" Proceedings active when - correct answer 1) A person has been arrested 2) A warrant has bee...

NCTJ Media Law - Contempt of CourtContempt of Court Summary - correct answer - If a trial is going ahead, you can't say anything that would influence the jury, starting from the moment that somebody gets arrested. - Naming somebody not seen as contempt of court, but a breach of privacy. - It is i...

NCTJ Media Law - basic definitionsclaimant - correct answer the person who brings an action in the civil court settlement - correct answer voluntary conclusion of civil litigation by agreement of the parties charge - correct answer A formal accusation of a crime (usually made at the police sta...

NCTJ Law - PrivacyWhat was going on with privacy until 2000? - correct answer 1.Actions of this type had been brought under breach of confidence laws. 2.Country didn't specifically recognize the right of privacy. What does Article 8 about? - correct answer 1. Guarantees the right to privacy. 2...

NCTJ IPSO Ethics and Regulation1 Accuracy - correct answer Must not publish inaccurate or misleading material. Must distinguish between fact, comment and conjecture. This includes images and headlines not supported by text. 2 Privacy* - correct answer Everyone is entitled to respect for family ...

NCTJ Ethics and Regulation (IPSO)Clause 1 - correct answer Accuracy Clause 2 - correct answer Privacy Clause 3 - correct answer Harassment Clause 4 - correct answer Intrusion into grief or shock Clause 5 - correct answer Reporting suicide Clause 6 - correct answer Children Clause 7...

NCTJ Essential Media LawDefine 'summary proceedings' - correct answer Hearings in which magistrates try or sentence defendants What is an 'either way' offence? - correct answer Defendants can either be tried in magistrates or crown court What is an 'indictable only' offence? - correct an...

NCTJ- Essential Media Law- Key TermDefine the term common law - correct answer legal system based on custom and court decisions over time Define the term statute - correct answer Primary legislation passed by parliament with details set out in statutory instruments. European Convention on Huma...

NCTJ essential media law examCommon Law - correct answer legal system based on custom and court rulings - applied to all of England precedent law - correct answer Is determined by a court case Statutes - correct answer a written law passed by a legislative body Charge vs Prosecution - corre...

NCTJ EML and CR Case lawAn example which shows section 11 CCA anonymity should only be used if there is a 'real and immediate risk' to the person's safety - correct answer Re Officer L (House of Lords) An example which shows section 11 CCA anonymity should not be used to protect the 'comfort ...

NCTJ Court ReportingWhat is the difference between court bail and police bail? - correct answer Court bail gives the person their liberty until their next court appearance. Police bail means they are free to go but will be re-called for further questioning and for a decision on whether to charge o...

NCTJ Court ReportingThree types of criminal case Summary, either way and indictable-only Summary case A minor offence dealt within the Magistrates' Court. No right to a jury trial. Either-way Depending on severity, an offence that can be dealt with in either Magistrates' Court or Cr...

nctj court reporting statutes CoCA 1981 - S4 - correct answer There is no danger of committing contempt if the report is: - Fair - Accurate - Contemporaneous - Published in good faith (if there are reporting restrictions and these are reported then this would not be fair to the proceedings a...

NCTJ Court Reporting - Magistrates Court ProceduresName the three levels of crimes magistrates courts deal with - correct answer Summary offences - heard by the magistrates Either-way offences - Can stay in Magistrates or go to Crown Court Indictable-only - MUST be heard by Crown court, and us...

NCTJ Court reporting - crime definitionstheft - definition - correct answer (Appropriation of someone's property) with the intention of permanently depriving (them of it) theft - type of offence - correct answer either-way robbery - definition - correct answer theft by force (violence, or thr...

NCTJ - Other lawsReader postings online - correct answer The general principle in statutory law is that if a website operator did not moderate/check a reader's posting before it became visible, the operator will not be liable in law for any illegal material published in it - provided that they had ...

NCTJ - Media Law: The courts & proceduresName the different courts we have in Scotland? - correct answer 1. Justice of the Peace 2. Sheriff Court 3. High Court of Justiciary 4. Court of Session 5. Appeal Courts Sheriff Court - correct answer Serious crimes e.g. sexual assault, fraud, posse...

NCTJ - Media Law: DefamationDefamation definition - correct answer = a statement about a person is defamatory if to causes harm to the person's reputation and if it tends to lower the person's reputation in the estimations of ordinary persons." When can a person bring defamation proceedings? ...

NCTJ - Media Law: Anonymity & Court RestrictionsWhat does Section 47 of the Criminal Procedure (Scotland) Act 1995 prohibit publication of? - correct answer name address school or any particulars which could lead to the identification of any person under the age of 18 who is accused, alleged/the...

NCTJ - Media Law - Defamation Truth - correct answer (formerly Justification) Must show that the imputation (ie implications/innuendos) conveyed by the statement is substantially true If one or more of the imputations is not shown to be substantially true The defence does not fail if those imp...

NCTJ - Media Law - Court ReportingName the three levels of crimes magistrates courts deal with - correct answer Summary offences - heard by the magistrates Either-way offences - Can stay in Magistrates or go to Crown Court Indictable-only - MUST be heard by Crown court, and usually only have a...

NCTJ - Media Law: Contempt of CourtContempt of court definition - correct answer = makes it an offence to publish material which creates a substantial risk of serious prejudice or impediment to legal proceedings which are imminent or pending if it can be proved that there was intent to create such a...

ML Challenging the courts NCTJ The media's right to be heard: Rule 16.2 of Criminal Procedure Rules: - correct answer A court should not impose a restriction unless each party affected - including media - was present to make representations Rule 16.4, CPR: - correct answer Parties applying for ...

Media Law Case Studies NCTJ EXAMPLE OF CONTEMPT OF COURT - PREJUDICING JURY - correct answer Chris Jefferies v Daily Mirror/The Sun [2011] CJ arrested but never charged with murder. Vilifying headlines next to images of CJ gave impression he could have committed crime. (character assassination)...

Media Law - NCTJ EMLR AnswersYou work for a specialist magazine which focuses on the new car market. A secretary of a well-known manufacturer calls you up to say the company has produced a prototype of an electric car which can manage 550 miles on a single charge - the highest ever recorded. The se...

Law NCTJ ExamContempt of Court Act 1981 - correct answer Substantial Risk of Serious Prejudice or Impediment to Active Proceeding What makes a case active - correct answer Warrant Arrest Summons Charge What stops a case being active - correct answer Release (except on bail) No arrest 12...

EMLR NCTJ - Court structuresMagistrates' - correct answer Appeal route: to High Court for judicial review, or Crown Court for conviction appeals CAN publish: court name; accused's name, age, address and job; relevant business info, names of counsel, bail and legal aid info CANNOT publish: refere...