UK law is such a broad subject broken down into hundreds and hundreds of different sections (probably more). One of the most important things you should know the difference between? Criminal and Civil law.
Criminal law is the body of law pertaining to crimes against the the state or sovereign this is shown when criminal cases are listed as (for example) "R vs. Thomas." The R in the listing refers to Rex or Regina meaning King or Queen. These offences are usually harmful to the entire society.
Civil law is the opposite. It deals with disputes between individuals or organisations usually about financial matters or other entitlements. Civil cases will usually deal with acts or omissions that lead to a certain group or party being able to sue for a settlement but criminal cases will deal soley with guilty acts.
Although there are clear differences between the two in practice they can overlap. For instance in civil law an omission that entitles a party to a claim can also be an offence so it is important that journalists know the differences between the two to avoid prejudice or contempt. For instance cases involving breaches of copyright fall under civil law but they can be dealt with in criminal courts if thought to be in breach of criminal laws.
Basic differences between the two can be found within the terminology. For instance, in criminal law a journalist should refer to the individual who is on trial as the defendant. Whereas the individual or organisation involved with a civil law case would be a claimant. Small slip ups like this could make a render a journalist as being 'libel'.
Within these divisions of law there are different types of offences. The three main categories of offences are:
+ Indictable only offences - The most serious of the offences. Punishable by the most severe sentences like long prison terms. Offences that may fall under this category could be murder or rape. They will usually be tried at a crown court by a judge and jury.
+ Either way offences - Its all in the name really, not the most serious but in some cases can be extremely distressing and harmful. It all depends on the facts of the case as to whether it is tried at a crown court or a magistrates. The defendant does have a right to request a jury in which case it would go to trial at a crown court. Offences that could be either way offences are robbery, assault, sexual assault etc.
+ Summary offences - These are considered the most minor offences. Tried at a magistrates courts where the defendant has no right to a jury but benefits from the whole process being dealt with quicker. Offences that fall into this category are usually small offences such as common assault, drunkenness etc.
The two different courts mentioned here have significant differences. Obviously I have established in explaining the offences that the Crown court is responsible for trying more serious offences. But it also serves many other purposes, the crown court allows the defendant to a right of a jury as it is essential (with the consequence of harsher sentencing) that it must be proved beyone all reasonable doubt that the defendant has committed that crime. However it is also responsible for hearing appeals and it can simply deal with cases sent for sentencing from magistrates courts.
It is important to remember that all court cases are heard first at the magistrates courts for a summary hearing, they can then be sent on the the crown courts depending on the seriousness of the crime. I will cover the courts in more detail when taling about reporting of the courts in a later blog.
As I mentioned earlier journalists enjoy the same rights as any other civillian. In the UK that means freedom of expression and the principle that a journalist can report anything that is believed to be in the interest of the public. So these can be used in favour of the journalist. Another principle is that justice must be seen to be done. This entitles a journalist to report the courts in certain cases as the 'eyes and ears' of the general public.
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