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GLOSSARY

Arraignment definition

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What does Arraignment mean?

The formal process of putting charges to the defendant in the Crown Court.

This consists of three parts: (1) calling him to the bar by name, (2) putting the charges to him by reading from the indictment and (3) asking him whether he pleads guilty or not guilty.

Crime

The formal process of putting charges to the defendant in the Crown Court.

This consists of three parts: (1) calling him to the bar by name, (2) putting the charges to him by reading from the indictment and (3) asking him whether he pleads guilty or not guilty.

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Preparing a PACE 1984 s 78 application for breach of Code D—checklist

Preparing a PACE 1984 s 78 application for breach of Code D—checklist For information on applications to exclude evidence under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984), see Practice Note: Exclusion of unfair evidence in criminal proceedings. For detailed guidance on challenging identification evidence, see Practice Note: Challenging visual identification evidence. In all cases practitioners should have in mind: • The test for exclusion of evidence—PACE 1984, s 78: ◦ in any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it ◦ PACE 1984, s 78 does not involve the exercise of a ‘discretion’ but rather the exercise of a judgment by the trial judge in evaluating whether, on the particular facts...

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Reporting restrictions in criminal cases

Reporting restrictions in criminal cases Guide for the judiciary and the media on reporting restrictions The guide for judges and the media, Reporting Restrictions in the Criminal Courts (the Guide), was produced by the Judicial College, News Media Association, Society of Editors and the Media Lawyers Association and it sets out the statutory and common law principles which should be applied in criminal cases. It is therefore key reading for all lawyers working in the criminal courts. It is important for defence representatives to understand what reporting restrictions may be sought and what may be challenged in the proper representation of a client. The Guide specifies that it applies both to traditional media and broadcasters and to individual users of social media websites. Throughout the Guide, all references to the media include press, radio, TV, press agencies and online media, including individual users of social media websites. An eight-point structured approach to consider whether to impose reporting restrictions is set out in the Guide: • (in the magistrates'...

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