NCTJ Essential Media Law Preliminary
Exam Final Study Guide Q&A 2024
Define 'summary proceedings' - CORRECT ANSWER-Hearings in which magistrates try
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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 ANSWER-The most serious crimes
which begin in magistrates then the case is 'sent' to crown court
What is a 'summary offence'? - CORRECT ANSWER-The most minor offences which
are dealt with by magistrates.
Define 'tort' - CORRECT ANSWER-A civil wrong for which monetary damages may be
awarded.
Contempt of court is a 'strict liability' offence. What does this mean? - CORRECT
ANSWER-Media organisations can be prosecuted for creating a 'substantial risk of
serious prejudice', whether or not they intended to create such a risk.
Which section of the COCA 1981 cover strict liability contempt? - CORRECT ANSWERSection 1
What is strict liability contempt? - CORRECT ANSWER-Publishing material which
creates a substantial risk of serious prejudice or impediment to 'active' proceedings. It
does not have to be proven that the media organisation MEANT to create such a riskpublisher's motives are irrelevant.
What is common law contempt? - CORRECT ANSWER-Material which creates a
substantial risk of serious prejudice to legal proceedings which are imminent or pending.
Has to be proved that there was an intent to create such a risk. Applies to material
published before proceedings become active.
What does the COCA define 'publication' as? - CORRECT ANSWER-Any writing,
speech, broadcast or any communication addressed to any section of the public
including websites.
When is a criminal case active? (5) - CORRECT ANSWER--When a person has been
arrested
-When an arrest warrant is issued
-When a summons for arrest is issued
-When a person is charged orally for a crime
-Or a document specifying their charge is served
When is a criminal case NOT active anymore (5) - CORRECT ANSWER--When the
person is released without charge
-When no arrest is made within 12 months
-When the defendant is acquitted or sentenced
-When the defendant is found unfit to be tried
-When the case is discontinued
Why is there a lower risk of contempt once an appeal has been lodged? - CORRECT
ANSWER-Although an appeal means that the case is active again, jurors very rarely
hear appeals (unless it's a re-trial) and therefore, there is less of a risk of prejudicing a
jury.
What must reports of a trial be? (3) - CORRECT ANSWER-Fair, accurate and
contemporaneous
What kind of material is prejudicial during a trial? (5) - CORRECT ANSWER--Mention of
previous convictions
-Suggestion of dishonesty or bad character
-Anything that connects them directly to the crime
-Any suggestion of guilt
-Photographs or descriptions of the defendant
What kind of material is okay to publish during a trial? (4) - CORRECT ANSWER--Basic
details of the crime
-Name and charge of the accuse [Show Less]