NCTJ Essential Media Law Exam With Verified Solutions
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NCTJ
NCTJ Essential Media Law Exam With Verified Solutions
Contempt of Court
a criminal offense punishable by up to 2 years in prison or an unlimited fine
Strict liability crimes
intention of the person who's posting is not relevant
Suing
where civil action begins, where one party accuses ...
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NCTJ Essential Media Law Exam With Verified
Solutions
Contempt of Court
a criminal offense punishable by up to 2 years in prison or an unlimited fine
Strict liability crimes
intention of the person who's posting is not relevant
Suing
where civil action begins, where one party accuses another party of committing a civil wrongdoing
(different from criminal ruling)
Libel
defamation of a person
Crown Prosecution Service
- independent prosecution service (separate from the police)
- meant to not be political, independent of the police or the government
Civil Cases Definition/Process
- someone is suing someone else for money (to be paid in damages)
- defendants in civil cases do not win or earn any damages, it is only the party that is suing that makes
money from damages
- people are not criminally prosecuted (because they are convicted based on the civil standing of
truth, not beyond reasonable doubt)
Prosecution
prosecuting someone for a criminal offense usually results in prison time, paying a fine, or performing
a community order
IPSO Editors Code
regulatory body that regulates publications in the UK (with some notable exceptions, i.e. The
Guardian and The Independent)
Civil Law
arguments between 2 parties (individuals/organizations) for which monetary damages can be paid
(i.e. medical neglicence, breach of copyright, defamation, libel, breach of confidence)
Criminal Law
crimes against society (i.e. theft, robbery, murder, manslaughter, grevious bodily harm, fraud,
blackmail)
Sources of Law (where do they come from?)
- Precedent/case law
- Statute law
- Common law
,- European Convention on Human Rights
Statue Law
developed in parliament (parliament passes laws through house of lords + commons), also known as
an act of parliament
Precedent/Case Law
evolves over time (judges use previous cases, i.e. law of murder)
Common Law
laws we've had since the Middle Ages (i.e. breach of confidence, a civil tort)
European Convention on Human Rights
European laws (not affected by BREXIT, a treaty that the UK has signed up to)
Criminal Law Terminology
- Guilty= committed a criminal wrong/crime
- Prosecute= Is it the public interest? Is there a realistic prospect of conviction?
- Charge= formal accusation giving details of the crime
- Defendant= The person accused (criminal) —- or the party against whom action is being taken (civil)
- Solicitor= legal representative who deals with the client and does the background work
- Barrister= Legal representative who represents the court (make submissions to the judge, true in
both civil and criminal cases)
- Fine= paying an amount of money in a criminal case
Civil Law Terminology
- Claimaint= person who is taking the civil action
- Defendant= The person accused (criminal) — or the party against whom action is being taken (civil)
- Solicitor= legal representative who deals with the client and does the background work
- Barrister= Legal representative who represents the court (make submissions to the judge, true in
both civil and criminal cases)
- Sue= take proceedings against someone (usually for money)
- Tort= a civil wrong (what you are suing for, i.e. medical negligence)
- Claim form= starts a civil action (document detailing the case)
- Damages= the amount of money to be paid in a civil case
- Injunction= A court order forcing someone to do or stop doing something (most famous example is
the one preventing journalists from publishing articles)
-- i.e. Robert Thompson and Jon Venables murder case (cannot publish photos of two convicted as
murderers as children now, or publish anything about their release from prison, lifelong injunction)
-- Famous injunctions regarding privacy (PJS case)
Counsel
collective name for barristers
Criminal Cases Process
- Most criminal cases go to Magistrates Court (only can send you to prison for up to 1 year)
- Most serious cases go to the Crown Court (verdict by jury, sentenced by judge, can be sent to prison
for life)
, - Most juveniles go to Youth Court (exceptions include very serious cases or when there is an adult co-
accused, on the same level as the Magistrates Court, for minors)
Magistrates
people (often 3) who hear cases affecting their community in their local courts, local volunteers
Appeals (Criminal Cases)
High Court deals with appeals from Magistrates and Crown courts on points of law (essentially saying
that the conviction in either Magistrates or Crown Courts were unfair/unjust)
Civil Cases Process
- Most civil cases go to County Court (i.e. debt recovery, breach of contract, negligence, bankruptcy,
divorce, care proceedings)
- Most serious/complex cases (or those with the highest value) and defamation cases go to High Court
- In some cases there is trial by jury in civil court if it involves:
-- Fraud - jurors will think differently to a judge (the test is what a reasonable and honest person
would think is dishonest)
-- False imprisonment - for reasons of independent decision
-- Malicious prosecution - for reasons of independent decision
Manslaughter vs Murder
you intend to murder someone, you cause someone's death with manslaughter but don't intend to
Criminal Proceedings Timeline
arrested, charged, appear in court, plead not guilty, go on trial, conviction, sentenced
Contempt of Court Act 1981
- A strict liability criminal offence (your intention doesn't matter)
- Prosecution must prove (to criminal standard) what you published, created, or had the potential to
create a "substantial risk of serious prejudice or impediment" to a trial when a case is active.
- Contempt is anything that interferes with the course of justice. The purpose of this part of the act is
to protect the fairness of any trial in the case
- The Attorney General, the Crown court or a higher court has power to initiate contempt proceedings
under the 1981 Act as regards what has been published.
- Offence is punishable by an unlimited fine and/or a jail sentence of up to two years.
- When proceedings are active, you cannot publish anything that could create "substantial risk of
serious prejudice or impediment"
Proceedings in a criminal case are active when
- an arrest is made without warrant;
- someone is charged orally;
- an indictment of charges is served;
- a warrant has been issued;
- a summons has been issued
***If someone is arrested in another country, criminal proceedings are not considered active in the
UK
Proceedings in a civil case are active when
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