Quiz Content

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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?

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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.

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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.'

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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?

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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.

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

6a.

In chambers

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6b.

In camera

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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.

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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?

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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?

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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.

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