The great importance of following media law closely and carefully when reporting in the courts became very apparent after reading chapters 2-7 of Mc Nae’s essential law for journalists which was then supported and emphasised in lecture2.
‘The rock on which we stand’: doing good to society by exposing hypocrisy and helping the public become aware of what is happening in the courts; It became apparent that the trials within the courts provide journalists with endless stories and events which they can report upon, however the importance of protection of identity as well as the many rules which surround reporting in the courts, made me aware of how warily journalists have to write their stories to ensure that they themselves do not end up in court or on the end of a prison sentence for contempt of court or malice, which could all end up with a journalist receiving a fine or prison sentence for what is written in a report. Prejudice and the fairness of trials was another topic in the lecture which made me think about the seriousness and strictness of ensuring the a correct decision is made by the Jury to avoid themselves landing a prison sentence for judging a defendant before they have been fairly trialled. Linking this to the reading of Mc Nae’s a majority decision must be made by the jury to convict a defendant and therefore this rule reduces the chance of prejudice of one individual resulting in a person being unfairly convicted for a crime.
. The need for facts and evidence is obviously essential, however by reading Mc Nae’s and backed up by lecture 2, I became aware of the need not to include previous convictions or a person past in a trial which could be seen as prejudice and affect the outcome of a trial. Consequently the prosecution must find a person guilty rather than the defendant proving their innocence, therefore they have the ‘right to remain silent’. Leading onto protection of identity for individuals under section 8c involving reporting restrictions for Adults and section 39 involving reporting restrictions for juveniles, the importance of concealed identity is of great importance and must be obeyed by journalist to protect rape victims, innocent defendants or juveniles. I believe it is important that a person’s identity is concealed while they are on trial as it is not certain they are guilty. Many mistakes in the past have been made, and framing a person for a crime they haven’t committed is not un-common and therefore until proven guilty they should be innocent to ensure that if found innocent they can continue their life without other accusations and unfair treatment. Other important facts for journalists to consider is the terminology used to describe a defendant or someone who is accused, depending on the stage of the case, reporting this wrong could also land a journalist in trouble.
It was also interesting to find out and begin to understand the structure of how a person is convicted and proven innocent of a crime, and how the whole process is brought together, as before the reading and lecture I was unaware of the structure of the courts and which crimes were related to which court, understood now as indictable offences such as murder are sent straight to crown courts, whereas magistrate courts deal more with either way offences such as drugs which could then be referred up for sentencing to a crown court, as a magistrates court has limited sentencing. Finally my understanding of summary justice was increased with a letter and a fine being sent to the accused asking for how the person pleads for minor offences such as train fair evasion.
The images below show an example of a magistrates court, and the old bailey; the largest Criminal court.
| The old bailey |
| An example of a magistrates court |
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