Chapter 16 Self-test questions

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. If a reporter is opposing in a court the imposition of a reporting restriction, which part of the European Convention on Human Rights should he/she definitely refer to?

Article 2 correct incorrect

Article 6 correct incorrect

Article 8 correct incorrect

Article 10 correct incorrect

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. If a magistrates court steadfastly refuses to lift a reporting restriction, to which court should a media organisation apply to challenge the magistrates' decision?

The Crown Court correct incorrect

The Court of Appeal correct incorrect

The High Court correct incorrect

The Supreme Court correct incorrect

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. Section 4(2) of the Contempt of Court Act 1981 empowers any court in any type of case to postpone publication of reports of all or part of those proceedings to 'avoid a substantial risk of ______.'

Your response

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. An order to postpone reporting of one trial until a second related trial is carried out can be challenged if the second trial is many months later due to what consideration?

The delay dynamic correct incorrect

The calendar cause correct incorrect

The fade factor correct incorrect

The inference influence correct incorrect

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. If a defendant's name and address has been read out in court on the first day of a trial, a Section 11 order can be put in place to ban the media from identifying them in any subsequent reports.

True correct incorrect

False correct incorrect

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. What level of risk to a defendant's safety is needed to justify a court using section 11 of the Contempt of Court Act to ban the media from identifying his/her address in their reports of the case?

A 'serious and substantial' risk correct incorrect

An 'imminent and pending' risk correct incorrect

A 'real and immediate' risk correct incorrect

A 'risk beyond reasonable doubt' correct incorrect

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. Section 45 of the Youth Justice and Criminal Evidence Act 1999 gives a criminal court the power to ban publication of anything likely to identify a child or young person as being a defendant or witness or the victim/alleged victim of the crime/alleged crime in the case it is dealing with. A Section 45 order can be challenged and overturned if:

The young person has previously been in court correct incorrect

The order would impose a substantial and unreasonable restriction on the reporting of the proceedings correct incorrect

The subsequent media report identifies the child's name but not their address correct incorrect

The crime is sufficiently serious correct incorrect

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. A court can validly use section 39 of the Children and Young Persons Act 1933 to ban the media from identifying an adult defendant in their reports if the court feels this ban is necessary to preserve anonymity for a child victim in the case.

True correct incorrect

False correct incorrect

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. Section 49 of the Children and Young Persons Act 1933 gives all children or young persons 'concerned' in youth court proceedings, or in appeals from youth courts, automatic anonymity. In 1998 the Home Office and Lord Chancellor's Department issued a joint Circular, Opening up Youth Court Proceedings, which said that lifting the anonymity would be particularly appropriate in respect of a defendant aged under 18 whose offending was ______ or serious.

Your response

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. Sexual offence law does not give courts any power to ban the media from identifying a defendant accused of a sexual offence.

True correct incorrect

False correct incorrect