McNae’s Essential Law for Journalists (22nd edition) is recommended to use to answer the following questions. Please only apply UK media law to answer the questions.
Give detailed answers to the following questions:
1) New criminal behaviour orders are being introduced which could be imposed on juveniles who have been convicted of an offence. What is the situation with regard to naming a young person when such an order is imposed? Can they be named if they are charged with breaching an order of this type? Explain the law.
2) As proceedings in youth court are about to start, the presiding magistrate tells the only reporter present to leave the court as the press are “not allowed to attend”. Is she right? What would you tell the bench?
Later, the reporter asks for the name of the presiding magistrate, but the clerk of the court says it is not the court’s policy to give names of the justices to the press. Is he right to refuse the name? What would you tell the court?
3) A man is remanded in custody charged with the unlawful killing of his girlfriend’s 18-month-old daughter. The chairman of the magistrates says: “we are making an order under section 39 of the children and young persons act that nothing should be published that would identify the child. We do so to preserve the anonymity of other children in the household even though they have no connection with the circumstances of the alleged offences” Is such an order valid? What view has been expressed by High Court Judges? What action would you take if you were sitting on the press bench when this order was made?
4) A publican is accused of sexually assaulting his teenage niece while she was working behind his bar. Explain how you would report the trial to avoid any legal or ethical problems.
In a separate case, police have arrested a number of men for kerb-crawling. When they appear in court, will you be able to name them? Explain your reasoning.