Law notes: prejudice and contempt

Prejudice and contempt

Contempt – criminal act of breaking rule

Prejudice- influencing the impartiality of the jury. Publishing info that could lead to unfairness at a later stage.

Understand the risk of prejudice!

Contested facts that will be prejudicial

Case becomes legally active when somebody is arrested/warrant given for arrest.

Detention without charge: police have 24 hours to question, senior officers can extend by 12hrs, magistrates can extend to 36 hrs, cannot exceed 96 hours, terror suspect limit 28 days.

Pre trial hearings: pre trial reports 7 points:

1.     names, age, addresses and occupations of defendants

2.     Summary of charges

3.     Name of court and magistrates names

4.     Names of solicitors/barristers present

5.     Date and place to where case is adjourned

6.     Bail arrangements

7.     Legal aid?

Categories of offence:

·      Indictable offence: 5+years (murder, robbery, rape)

·      Either-way: Can go to crown or magistrates court

·      Summary: Stays with magistrates (drunk and disorderly)

Magistrates power

·      6 months jail, fines up to £5000

·      Suspended sentence

·      Conditional discharge

·      Community orders, binding over

·      ASBO

Key stages of Trial in crown court

·      Jury sworn in

·      Prosecution opening

·      Key prosecution witnesses

·      Defence opening

·      Judge’s summing up

·      Jury sent out deliberation and verdict

·      Sentencing

Court reporting rules

·      FAST

·      ACCURATE

·      FAIR

·      Contemporaneous

·      No recording

Children and young people

·      Legally juvenile until 18

·      Under 18s get anonymity

·      Beware of accidental identification (Jigsaw identification)