Thursday, 30 January 2014

Goldilocks Case Study


Story:
Once upon a time, there was a little girl named Goldilocks.  She went for a walk in the forest.  Pretty soon, she came upon a house.  She knocked and, when no one answered, she walked right in.

At the table in the kitchen, there were three bowls of porridge. Goldilocks was hungry.  She tasted the porridge from the first bowl.

"This porridge is too hot!" she exclaimed.

So, she tasted the porridge from the second bowl.

"This porridge is too cold," she said

So, she tasted the last bowl of porridge.

"Ahhh, this porridge is just right," she said happily and she ate it all up.

After she'd eaten the three bears' breakfasts she decided she was feeling a little tired.  So, she walked into the living room where she saw three chairs.  Goldilocks sat in the first chair to rest her feet. 

"This chair is too big!" she exclaimed.

So she sat in the second chair.

"This chair is too big, too!"  she whined.

So she tried the last and smallest chair.

"Ahhh, this chair is just right," she sighed.  But just as she settled down into the chair to rest, it broke into pieces!

Goldilocks was very tired by this time, so she went upstairs to the bedroom.  She lay down in the first bed, but it was too hard.  Then she lay in the second bed, but it was too soft.  Then she lay down in the third bed and it was just right.  Goldilocks fell asleep.

As she was sleeping, the three bears came home.

"Someone's been eating my porridge," growled the Papa bear.

"Someone's been eating my porridge," said the Mama bear.

"Someone's been eating my porridge and they ate it all up!" cried the Baby bear.

"Someone's been sitting in my chair," growled the Papa bear.

"Someone's been sitting in my chair," said the Mama bear.

"Someone's been sitting in my chair and they've broken it all to pieces," cried the Baby bear.

They decided to look around some more and when they got upstairs to the bedroom, Papa bear growled, "Someone's been sleeping in my bed,"

"Someone's been sleeping in my bed, too" said the Mama bear

"Someone's been sleeping in my bed and she's still there!" exclaimed Baby bear.

Just then, Goldilocks woke up and saw the three bears.  She screamed, "Help!"  And she jumped up and ran out of the room.  Goldilocks ran down the stairs, opened the door, and ran away into the forest.  And she never returned to the home of the three bears.


Area's of law at risk of breaking and reasons why/punishment or defence:

Defamation of character - Crime accused of is not from a reliable ounce

Contempt of court - Goldilocks has committed theft of porridge, criminal damage to Baby Bear's chair, and offences under the SOA. Proceedings are active if a warrant for her arrest has been issued. If they are active, it is safe to publish a police appeal for help and to report the crimes. You can also use Goldilocks' photo or e-fit until she's arrested. However, if she is under 10 years old, she cannot be charged with a criminal offence. The punishment is up to two years in jail.

Child anonymityIf Baby Bear is under 16, he should not be named under the PCC Code, as he is a victim of crime. 

Sexual offences - The fact Goldilocks slept in Baby Bears bed means there may be offences under the SOA. Baby Bear will also have a lifetime of hidden identity along side his family.

Child protection - If she's subject to any care proceedings, you cannot name her or use any of her details leading to her ID without consent of court. Check child services first.

Thursday, 16 January 2014

Contempt of court

What does Contempt of Court mean?
Disrupting a proceedings of a court case

Act of Parliament which covers Contempt of Court is:
It is covered by the Contempt of Court Act (CCA) 1981

What does it do?
It exists to protect the running of the courts and contains 'Strict Liability Rule', which prevents any publication or broadcast from affecting the decisions of the court

Timeline to demonstrate the 'active proceedings':
Crime
Arrest (warrant for arrest)
Charge
Trial
Jury Deliberations
Verdict
Sentence or acquittal

'Strict Liability Rule':
The 'Strict Liability Rule' means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so. It also has its limitations as it applies in relation to publications.


Thursday, 9 January 2014

Law - Defamation

1) Defamation is a statement that is made that tends to damage a person's reputation in the eyes of others. Causing them to be shunned or avoided or cause them financial loss. The statement can merely be a suggestion or implication and journalists have to pay careful attention to this law - not doing so could be very costly. There are two forms of defamation, these are Libel (the written version) and Slander (the spoken version). Radio news is classed as Libel, not Slander.

2) Libel is the written defamation. For example, if the publication is in a permanent form such as in a book, magazine or film, then the defamation is libel. In libel claims, the claimant does not have to prove that he/she has suffered loss or damage as a result of the publication. 

Slander is the spoken defamation. For example, if the publication is in a transient form such as speech, then the defamation is slander. In slander claims, the claimant must prove actual damage.

Fair Comment is when it's an opinion or is not intended to be malicious. If a defendant can prove that the defamatory statement is not a statement of fact and an expression of opinion, he/she can rely on the defence of fair comment. The fair comment must be factual and doesn't have to be reasonable but signifies the absence of malice.

Privilege has two forms; absolute and qualified. Qualified privilege is a statement taken from a group of 'high-up' people such as police or even press releases. Absolute privilege is a statement which is taken from court.

Public Interest is anything affecting the rights, health, or finances of the public at large. If the person making the claim or statement believes it is Public Interest, they can use this as a defence to defamation.

4) http://www.theguardian.com/uk-news/2013/sep/12/kate-mccann-portugal-libel-case