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Court reporting
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Court reporting tips Please have a look at this advice from a student journo. It comes in three parts.
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This link gives a good description of what you may hear in a magistrates' court.
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Which court should I go to?
Go to a magistrates' court where lots of petty crimes will be being heard. Big cases, like murders, start off in a magistrates' court where there is no jury, just a panel of magistrates or a district judge. The magistrates' then pass the case on to a crown court - where there will be a jury.
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How to find a court Here is a link to help you find one: There are large number of magistrates courts in south London, but you can go anywhere You can go to a Crown Court, where there are big trials, but you will be lucky to find a trial starting or be able to understand what is going on if you go in mid-way
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Who are the CPS The Crown Prosecution Service is the Government Department responsible for prosecuting criminal cases investigated by the police and other investigating bodies in England and Wales They employ the solicitors or barristers acting for the Crown or prosecution. They advise police on cases for possible prosecution on the basis of police investigations; The determine charges in more serious or complex cases They prepare cases for courts
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Open justice Fundamental principle of justice is that it must be seen to be done. Therefore, with certain exceptions, court cases in the UK are heard in public. This principle of open justice is accepted on a number of grounds: as a safeguard against judicial error or misbehaviour, as a deterrent to perjury, to enhance public knowledge of the workings of the law, to assist the deterrent function of criminal trials and to permit the revelation of matters of genuine public interest.
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Extra advice Don't be afraid of asking for the names of lawyers or police. Court clerks and the court office can also provide you with basic information on charges and names of accused. But remember to respect the court and be quiet. Your job is to sit through a session in court and listen to the cases being heard, and try to find a good story.
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How do I behave Check Natalie Clarkson’s advice on Wannabe Hacks. As she says: you don’t need wear formal clothes, but make an effort to be presentable. No chewing gum or eating in court. Some courts may even ban water bottles. Be quiet as you enter and leave
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PLEASE bear in mind that recording proceedings is banned
PLEASE bear in mind that recording proceedings is banned. Recent changes in law mean that journalists can tweet from court, but not members of the public. In this case you are members of the public. NO RECORDING, PHOTOGRAPHS AND NO MOBILE PHONES ON IN COURT! You have to write everything down by hand
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How to write a court story
Remember to always include essential details that reflect the Who What Where When How and Why principle This will include: The name, age, address and occupation of defendants. The full names of witnesses and addresses and occupations where relevant The full names of solicitors or barristers for the Crown and the defence.
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The name of the magistrate or judge and in the case of the latter, their precise judicial title – ie Mr Justice Jones. Court officials will always help on this or the details are posted on court lists or outside the court itself. Here is a useful link for styles; the most common ones you are likely to encounter will be in junior courts and you use the judicial title, NOT the one in Law Reports, which are nothing to do with journalism
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So what is a Law Report? A Law Report is the formal written record of the case and the judgment, normally only done in higher courts where legal rulings are made. Some newspaper used to carry these in addition to their own court reports and stories.
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So what else needs to go in a court story
Court cases are an adversarial process, where both sides put their cases and a judge, a jury or a magistrates bench reach a decision Therefore you need to reflect both sides of the story Make sure you have and understanding of the prosection (Crown) case and the defence response
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Its important to reflect this balance within your story, even if you think either one is stronger or weaker than the other. Courts will only reach one of two verdicts: guilty or innocent. Mistrials or retrials can be declared. However, cases can be adjourned for a later hearing.
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What can I report? The Golden Rule is this:
Report only what happens in front of a jury or magistrates bench. You cannot report anything that happens in court when the jury or magistrates are not present. You cannot report anything outside the court or the anything which might reflect on the character of the defendant.
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Until the verdict, court reporting and contempt rules remain active.
You cannot approach jurors or report their views about a case. Similarly, its not appropriate to ask or approach magistrates or judges, unless you know them personally. Lawyers can be asked for details about cases but beware they represent only one side.
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Contempt Contempt carries criminal sanctions such as an unlimited fine and maximum jail sentence of two year’s imprisonment. Once someone has been arrested for a crime, or a warrant has been issued for their arrest, proceedings become ‘active’ and until proceedings are over, you may not ‘create a substantial risk of serious prejudice’ for example by:
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publishing previous convictions
suggesting the defendant has confessed suggesting accusations of more serious crimes or crimes they are not facing suggesting they are guilty saying something so bad about them that you could prejudice a potential juror against them.
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Remand hearings These are hearings which take place when a defendant is first charged or appears in court When a procedural hearing takes place before a full trial. You can only normally report basic details: name, age, address, bail, charges and date of next appearance.
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So….what What if the defendant starts crying in front of the jury? Yes
What if the defendant looks nervous when a witness goes into the dock? No What if the defendants mother tells me outside court that he’s guilty ? No If the crown opposes bail because the defendant has a long criminal record? No
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Further reading Essential Law for Journalists – its on your reading list Two PDFs on the court reporting section of the Learn.gold BA Journalism page which cover the legal dos and don’t in much more detail Read the detailed guide to court reporting, which has lots of examples. It was written by a colleague with vast experience of reporting and teaching.
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