Chapter 15 Self-test questions

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1. What is the name of the case in which the House of Lords, in a judgment in 1913, gave clear expression to the principle of open justice?

Browne v Southwark Crown court correct incorrect

Scott v Scott correct incorrect

Attorney General v Leveller Magazine Ltd correct incorrect

Windsor v Simpson correct incorrect

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2. In the UK's common law, there is no circumstance in which the public and reporters can be excluded from a court case.

True correct incorrect

False correct incorrect

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3. In 1979, Lord Diplock said that open justice should only be set aside when the 'nature or circumstances of the particular proceeding are such that the application of the general rule in its entirety would frustrate or render _______ the administration of justice or would damage some other public interest for whose protection Parliament has made some statutory derogation from the rule.'

Your response

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4. If a witness is due to give evidence in a sexual offence or domestic abuse case and may be intimidated by the court, then the court can make a 'special measures direction.' What does this direction do?

Excludes everyone from the court except those who need to be there to give privacy to the witness correct incorrect

Excludes the public from the court, but allows journalists to stay correct incorrect

Excludes the public and journalists from the court, but allows one journalist to stay correct incorrect

Excludes the defendant so the witness can give evidence without being intimidated correct incorrect

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5. A journalist can challenge an exclusion from a court hearing by citing the common law principle of open justice and Article 10 of the European Convention on Human Rights (ECHR) which protects freedom of expression and the right to impart information. If the party wanting an exclusion of journalists cites Article 6 of the ECHR, that 'the press and public may be excluded from all or part of the trial' then the court will carry out a ________ exercise.

Your response

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6. Sometimes courts are held in private and can be referred to by two distinct terms.

6a.

In chambers

Select an answer choice When the public and media are excluded from all or part of the main hearing in a case—such as a criminal trial. The hearing is effectively being held in secret. Occasions when a hearing, usually a preliminary one in the case, is held in the judge's room or another room rather than a formal courtroom and is not in public.

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6b.

In camera

Select an answer choice Occasions when a hearing, usually a preliminary one in the case, is held in the judge's room or another room rather than a formal courtroom and is not in public. When the public and media are excluded from all or part of the main hearing in a case—such as a criminal trial. The hearing is effectively being held in secret.

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7. A media report which covers details of a case heard in private is also covered by privilege if someone sues for defamation.

False correct incorrect

True correct incorrect

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8. The High Court ruled in 1987 that the media have a right to know, when reporting a magistrate's court case, the names of the magistrates involved in it. What is the name of this High Court case?

R v Arundel Justices, ex p Westminster Press correct incorrect

R v Newtownabbey Magistrates' Court, ex p Belfast Telegraph Newspapers Ltd correct incorrect

R v Evesham Justices, ex p McDonagh correct incorrect

R v Felixstowe Justices, ex p Leigh correct incorrect

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9. Which official agency has issued a protocol giving advice about what material should be provided from prosecution evidence to help the media report a criminal trial?

The Attorney General's Office correct incorrect

The Lord Chancellor's Office correct incorrect

The Crown Prosecution Service correct incorrect

The Association of Chief Police Officers correct incorrect

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10. A journalist reporting a civil case is generally allowed to see the documents in the 'statement of case' and witness statements.

False correct incorrect

True correct incorrect