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77 Cards in this Set
- Front
- Back
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What is an absolute discharge?
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A decision by a court after conviction that the defendant should not be punished for the offence.
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What is an affidavit?
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A statement given on oath to be used in court proceedings.
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What is an alibi?
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The defence case of an accused who asserts that they were not at the scene of a crime when it occurred and that they is therefore innocent.
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What is an arraignment?
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The procedure at Crown courts in which charges are put to defendants for them to plead guilty or not guilty.
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What does automatic, or automatically, refer to?
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Terms used for reporting restrictions which ban publication of certain information if no court order is needed to put it into effect in respect of a particular case of individual. Statute specifies the circumstances when it operates.
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What is bail?
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The system by which a person awaiting trial, or appeal, may be freed by a court pending the next hearing.
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What is a bailiff?
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A court official who enforces its orders.
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What is case law?
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The system by which reports of previous cases and the judges interpretations of common law are used as precedents where the legally material facts are similar.
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What is a circuit judge?
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Judge who has been appointed to sit at Crown court or county court within a circuit – one of the regions of England and Wales into which court administration is divided. Unlike High Court judges, circuit judges do not go on circuit, that is travel to various large centres dispensing justice.
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What is a claim form?
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Previously known as a writ or default summons. A document that begins many forms of civil action.
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What is a claimant?
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Previously known as a plaintiff. The person who takes an action to enforce a claim in the civil court.
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What is a committal hearing?
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A hearing in a magistrates court at which magistrates sitting as examining justices decide if there is sufficient evidence to commit a defendant facing an indictable or either–way charge to Crown court for trial. Usually these are now no more than formalities.
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What is a committal for trial?
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What happens when examining justices at a magistrates court in a Committal hearing decide that there is sufficient evidence for a defendants case to go to Crown court for trial. The defendant may subsequently plead guilty at Crown court, meaning there will be no trial. The term is also used of the procedure under which a youth court transfers the case of a juvenile accused of a grave offence to a Crown court.
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What is a committal for sentence, committed for sentence?
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When a defendant at a magistrates court who has admitted an offence or been convicted in a trial is then sent to Crown court to be sentenced because the magistrates decide their powers of punishment are insufficient. (There are no reporting restrictions on committals for sentence)
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What is common law?
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Law based on the custom of the realm and the decisions of judges through the centuries rather than on an Act of Parliament.
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What is community punishment?
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An order that an offender must carry out unpaid work in the community under a probation officer's supervision.
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What is a concurrent sentence?
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Two or more sentences of imprisonment imposed for different offences; the longest one is a sentence actually served.
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What is a conditional discharge?
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A decision by a court that a convicted defendant should not be punished unless they reoffend: that is, a condition is imposed that if they commit another crime within a specified period e.g. a year, they can be punished for the original offence as well as for the reoffending.
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What is a conditional fee arrangement?
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No win, no fee agreements – their use was extended to defamation cases in 1998 under the Conditional Fee Agreements Order 1998.
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What is a counsel?
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A barrister (singular or plural), not solicitor.
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What is a discharge?
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When magistrates decide at a committal hearing that evidence against a defendant is insufficient for the case to go to Crown court. This ends that prosecution for that charge. Not to be confused with an absolute discharge.
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What is disclosure and inspection?
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Previously known as discovery. The process whereby each side in a court action serves relevant documents on the other, which has the right to inspect them.
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What is a district judge?
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An official of the county court who also adjudicates in smaller cases, presides at public examinations in bankruptcy, and deals with cases under the informal arbitration procedure.
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What is a district judge at a magistrates court?
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The title given to full–time, legally qualified magistrates, formerly known as Stipendiary magistrates.
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What is the editors code of practice?
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Code of ethics used by the Press Complaints Commission to adjudicate on complaints against newspapers, magazines and website–only publications.
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What is an either–way offence?
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One triable either summarily at magistrates court or before a jury at Crown court. In an either–way case a defendant who has indicated a plea of not guilty has the right to opt for jury trial at Crown court. But if they choose to be tried by the magistrates court, it may overrule him by deciding that the Crown court should deal with his case.
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What is excluded material?
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Such material is exempt from compulsory disclosure under the Police and Criminal Evidence Act 1984. It includes journalistic material that a person holds in confidence and that consists of documents or records.
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What is fair dealing?
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A defence to breach of copyright for use of extracts of a copyrighted work, properly attributed to its author.
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What is hearsay?
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Evidence of what a witness was told, rather than what they actually saw or heard for themselves.
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What is an honest comment?
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A defence to a libel action, formerly known as fair comment; the defendant does not have to show the words were fair, but must show they were an honestly held opinion.
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What is in camera?
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Proceedings in a courtroom which are heard in secret, with the media and public excluded (for example, in Official Secrets Act cases)
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What is in chambers?
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Used to describe the hearing of an application which takes place in the judge's room. If there is no legal reason for such a hearing to be held in private, journalists who want to report it should be admitted if 'practicable'.
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What is in private?
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A term used of a court hearing in camera, or one in chambers which the press and public are not entitled to attend.
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What is an indictable offence?
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A charge which may be tried by a jury at Crown court, which will therefore be either an indictable–only offence or an either–way offence.
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What is an indictable–only offence?
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One that can only be tried by a jury at a Crown court.
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What is an indictment?
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A written statement of charges which is put to the defendant at the arraignment at Crown court.
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What is information?
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A written statement alleging an offence, that is laid before a magistrate who is then asked to issue a summons or warrant for arrest.
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What is inherent jurisdiction?
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The powers of a court which derive from common law rather than statute. The inherent jurisdiction of lower courts, for example magistrate courts, is more limited than that of the higher courts, for example the High Court.
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What is an injunction?
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A court order requiring someone, or an organisation, to do something specified by the court, or forbidding a specific activity or act.
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What is journalistic material?
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Material acquired and created for the purposes of journalism. Special protection is given to journalistic material in the sections of the Police and Criminal Evidence Act 1984 that lay down the procedure whereby the police may search premises for evidence of serious arrestable offences.
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What is a judicial review?
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A review by the Queen's Bench Divisional Court, part of the High Court, of decisions taken by a lower court, tribunal, public body or public official.
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What is a justification?
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The defence in libel actions that the words complained of were true. The word is misleading, because there is no requirement that the words were published justly or with good reason.
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What is legal aid?
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Public money provided to pay for legal advice and legal representation in court for a party in a civil case or a defendant in a criminal case, if their income is low enough to qualify for such aid.
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What is malice?
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In law not only spite or ill–will but also dishonest or improper motive. Proof of malice can be used by a claimant in a libel action to deprive the defendant of the defences of fair comment or qualified privilege.
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What is mitigation?
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A plea for leniency in the sentence due to be imposed, citing extenuating circumstances, which is made in court or on behalf of a convicted defendant.
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What is a mode of trial hearing?
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The hearing at a magistrates court which determines whether an either–way case is dealt with by that court or proceeds to a committal hearing from which it may be committed to Crown court.
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What are moral rights?
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The rights of an author of a work, in addition to copyright, to be correctly identified as the author and the right to object to derogatory treatment of that work.
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What is a narrative verdict/narrative determination?
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The system of allowing a coroner or inquest jury to make a short statement of the circumstances of a person's death, rather than the traditional 'shortform' verdicts.
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What is a Newton hearing?
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A hearing in which, after a defendant is convicted, the court hears evidence to help it decide on sentence because the prosecution version of the circumstances of the offence differs substantially from the defence version. Newton was the defendant's name in the relevant, precedent case.
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What is the Ofcom Broadcasting code?
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Code of ethics used by Ofcom to adjudicate on complaints against broadcasters.
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What is police bail?
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The system administered by police whereby a person undergoing investigation can be released from arrest on conditions, including that they return to a police station on a later date, at which time they may be questioned again, charged or b told there will be no charge. They can be arrested if they breach the conditions. After being charged, they can be bailed by police to attend court, or may be taken there in custody.
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What is a preliminary hearing?
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A hearing at magistrates or Crown court before any trial.
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What is prima facie?
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Literally, 'at first sight'. In criminal law a 'prima facie case' is one in which a preliminary examination by a court has established that there is sufficient prosecution evidence for it to proceed to trial. In journalism ethics, the term prima facie grounds mens that preliminary inquiries have established there is sufficient evidence or sufficient ground of suspicion to justify use of undercover tactics in an investigation.
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What is prior restraint?
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The power which courts have to stop material being published. The UK's tradition of a free media means there is a general rule against prior restraint in defamation law, making judges very reluctant to ban publication of material which the media argue can be successfully defended in any future libel trial. However, in privacy cases judges are more likely to grant injunctions.
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What is privilege?
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A defence, absolute or qualified, against an action for libel which attaches to reports produced from certain events, documents or statements.
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What is public interest?
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The phrase in the public interest is used by judges to define when an individual's rights, for example to privacy, can legally be infringed if this produces a sufficiently major benefit to society, for example from investigative journalism. But judges may also decide that a general 'public interest', for example in the confidentiality of medical records, needs to be upheld against media activity. Codes of ethics use the phrase too, to indicate when journalists may be justified in infringing people's rights.
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What is a recorder?
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An assistant judge at Crown court who is usually appointed to sit part time (for example, for spells of a fortnight). Solicitors and barristers are both eligible for appointment as a recorder.
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What is a remand?
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An individual awaiting trial can be remanded on bail, or in custody.
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What is Reynolds defence?
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A form of privilege available to journalism that fulfils tests laid down by the courts in the case of Reynolds v Sunday Times and subsequent cases.
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What is robbery?
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Theft by force of threat of force. The word is often used, wrongly, to describe simple theft.
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What is sending for trial?
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The fast–track procedure by which an indictable–only offence is sent from the magistrates court to a Crown court without any consideration of the strength of evidence against the defendant.
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What is spent conviction?
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A conviction that is no longer recognised after the time specified in the Rehabilitation of Offenders Act 1974. After this time, a newspaper referring to the conviction may not have available some of the normal defences in the law of libel.
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What are statements of case?
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Documents including the claim form particulars of claim, defence, counterclaims, reply to the defence and 'further information documents' in a civil action – reports of which are now protected by privilege.
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What is a statute?
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An Act of Parliament – that is, primary legislation created by Parliament.
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What is a statutory instrument?
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Secondary legislation which can be enacted without parliamentary debate by a Minister to make detailed law (for example, rules and regulations) or amendment to the law, under powers given earlier by a statute (an Act of Parliament, the primary legislation). Statutory instruments are also used to phrase in gradually for administrative convenience, legal changes brought about by Acts.
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What is strict liability?
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A strict liability offence does not require the prosecution to show intent on the part of the accused. Statutory contempt of court is a strict liability offence.
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What is a sub judice?
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Literally 'under law'. Often applied to the risk which may arise in reporting forthcoming legal proceedings. Frequently used by authority as a reason for not disclosing information. This is not the test for strict liability under the Contempt of Court Act 1981.
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What is a subpoena?
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A court order compelling a person to attend court to give evidence.
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What is a summary offence?
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A comparatively minor offence which can usually only be dealt with by magistrates.
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What are summary proceedings?
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Cases dealt with by magistrates. At the end of a summary trial of an either–way offence, however, magistrates can, if they consider their powers of sentence insufficient, commit for sentence.
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What is summary trial?
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A trial at a magistrates court.
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What is the supreme court?
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The name originally given to the Court of Appeal, the High Court, and the Crown court as a combined system. However, from October 2009 the House of Lords appellate committee (the court commonly referred to merely as 'the House of Lords') became the UK Supreme Court.
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What is surety?
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A person, usually a friend or relative of the defendant, to whom a court entrusts the responsibility to ensure that the defendant, having been given bail, returns to court on the due date. The surety may pledge a sum of money as guarantee that the defendant will answer bail, and risks losing it if the defendant fails to do so.
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What is theft?
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Dishonest appropriation of another's property with the intention of permanently depriving the other of it.
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What is a tort?
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A civil wrong for which monetary damages may be awarded if the person affected sues in civil law, for example defamation, medical negligence.
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What is warranted?
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Term used in the Ofcom Broadcasting Code to indicate that an ethical norm can be breached if there is a public interest justification, or some other exceptional justification.
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What does without notice mean?
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Previously known as ex parte, of the one part. An injunction without notice is one granted after a court has heard only one side of the case.
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