Law in the UK allow citizens to ‘free press.’ Some of them, especially journalists are aware that this kind of freedom, especially freedom of expression, must have some strong restrictions by the law. There has to be a balance between the media being free to expose wrongdoing and an individual being able to defend themselves from baseless attacks. Therefore, the UK law provides the law of defamation – LIBEL and SLANDER- which tries to get that balance.
The Hierarchy Of Courts in England and Wales.
The United Kingdom of Great Britain and Northern Ireland (UK) consists of four countries: England, Wales, Scotland and Northern Ireland.
Some law applies throughout the whole of the UK and some applies in only one, two or three countries. In our first Law lecture we talked about the hierarchy of courts in England and Wales in order to help us understand their importance.
HOW CRIMINAL LAW IS ENFORCED IN ENGLAND AND WALES
If a crime has been committed, the police are being informed in order to conduct an investigation. If, after arresting and interviewing a person, the police believe that the person committed the crime, that individual is charged. A report of the case is then sent to the Crown Prosecution Service (CPS).
If the case has been considered successful by the CPS and if it would be in the public interest to do so, it will start criminal proceedings against the suspect, who becomes the defendant in the case. In court, the CPS bears the burden of proving, beyond reasonable doubt, that the defendant committed the crime.
Minor offences, such as speeding, are heard by Magistrates’ Courts. Many towns in England and Wales have their own Magistrates’ Court, where cases are heard by three magistrates. Magistrates do not need any legal qualifications, and they are advised by a Clerk, who is a qualified lawyer. Magistrates do not state reasons for their decisions.
Very serious offences, such as murder and rape, are heard in the Crown Court. The Crown Court is based in about 90 centres throughout England and Wales. A jury consisting of 12 people chosen at random from the local population will decide, without giving reasons, whether the defendant is guilty of the offence.
Some intermediate offences, such as theft, may be tried in a Magistrates’ Court or the Crown Court.
References:
McNaes, page 3.
http://www.ilex.org.uk/about_legal_executives/the_uk_legal_system.aspx
Hi Justi, Glad to see that work has begun! I believe that with libel and slander, one is written and the other is spoken, ie libel is published and slander is spoken by mouth.
ReplyDeleteOf course, if like the Murdoch empire you can employ the best lawyers, it is probable that you can do anything and so far mostly get away with it, likewise do anything as we discovered this past year.
However, best journalists know the law of their profession and are respected and believed greatly, so it is good to learn all that is possible about situations which may occur and what you are able to do and say without a penalty. Likewise, to understand what those accused of various offences have to face.
I notice there is no personal comment with this blog!
May all go well and love as ever Cait XXX