Jingumae's Memories

I have these awesome memories of cycling through Jingumae Ni-Chome, my neighbourhood in Tokyo, on summer days and early summer evenings. I had the best little bike, a large scale black BMX with stunt pegs, which I'd burn about on as fast as I could round the baseball stadium, the olympic stadium and up to the olympic gymnasium at Sendagaya Station.

Those clear blue skies, the hot wet warmth, the deafening sound of the crickets round every temple, as they chirruped and chirped.

I remember the first time I heard them, I'd been living there for 6 months, and never heard this noise like chainsaws and industrial drilling equipment, but when August comes, Tokyo comes alive with the sound of Crickets. I walked to work every morning through the togo shrine... (pictured) and would be deafened by their sound.

That's why I love to watch "The Girl who leapt through Time". In the film, she and her friends go to play baseball in the local baseball diamond after school. There, and throughout the film the sound of those crickets comes blaring through, and it reminds me of a very happy time in my life.




It was around then, that I was working three jobs, trying to pull down 12 hour work days, plus a nightlife... man that was crazy. Fun but crazy. I'd give my left arm to go back and try it again.


One of the wonderful things about living in Japan was the pure escape of it. Cycling through Harajuku's Urahara district was always a treat, always exciting, and it feels so dull by comparison to be living back in England.

I know that this is 'holiday syndrome' in a sense, but I honestly believe I'm not meant to be living in this country. I'm just not a stay-at-home type.  Politics and public affairs bore me. I mean, I'm theoretically interested in the workings of democracy and the foundations of society, but honestly, you know what I feel? I feel like a kid. I don't want to grow up.

I'm always slightly amused by the characters on the course who take their professional lives so seriously, or who take themselves so seriously, it's as if they'd come out of the womb as little adults. You notice that the maturity level of different people varies wildly amongst different ages... yes.. I admit it.. I'm 31 but I appear to be stuck at 17... I think I'll always be 17 in my mind. Screw growing up. It looks shit.

What I like about Japan is the fantasy, the imagination, the energy of the nation. They're the world's second largest economy (not counting the EU) and they're the largest producer of animation, comics, toys, cartoons... in a word: fantasy.

They have their eyes, and minds fixed on a fantastic future where they're not under the imperial yoke of the US. A future where Asia is on top.

It's the fantasy of living there that attracted me, and perhaps, just perhaps, once I've finished this course I'll find my way back there, to my little spot in Jing-Ni, see my friends and neighbours again, get stuck into the local politics and the scene and I'll grab the reigns again, like old times, get back in the saddle and spin about, like a kid, not a care in the world.

Teaching is a good profession. Noble, stable, helpful, sociable. Add journalism on as a side-angle, or graphic design or documentary film-making, and I'd be in bliss again in no-time, I have no doubt. Just add a girl, wind me up and watch me go.

Ahh well... back to reality.

Jingumae's Memories

I have these awesome memories of cycling through Jingumae Ni-Chome, my neighbourhood in Tokyo, on summer days and early summer evenings. I had the best little bike, a large scale black BMX with stunt pegs, which I'd burn about on as fast as I could round the baseball stadium, the olympic stadium and up to the olympic gymnasium at Sendagaya Station.

Those clear blue skies, the hot wet warmth, the deafening sound of the crickets round every temple, as they chirruped and chirped.

I remember the first time I heard them, I'd been living there for 6 months, and never heard this noise like chainsaws and industrial drilling equipment, but when August comes, Tokyo comes alive with the sound of Crickets. I walked to work every morning through the togo shrine... (pictured) and would be deafened by their sound.

That's why I love to watch "The Girl who leapt through Time". In the film, she and her friends go to play baseball in the local baseball diamond after school. There, and throughout the film the sound of those crickets comes blaring through, and it reminds me of a very happy time in my life.




It was around then, that I was working three jobs, trying to pull down 12 hour work days, plus a nightlife... man that was crazy. Fun but crazy. I'd give my left arm to go back and try it again.


One of the wonderful things about living in Japan was the pure escape of it. Cycling through Harajuku's Urahara district was always a treat, always exciting, and it feels so dull by comparison to be living back in England.

I know that this is 'holiday syndrome' in a sense, but I honestly believe I'm not meant to be living in this country. I'm just not a stay-at-home type.  Politics and public affairs bore me. I mean, I'm theoretically interested in the workings of democracy and the foundations of society, but honestly, you know what I feel? I feel like a kid. I don't want to grow up.

I'm always slightly amused by the characters on the course who take their professional lives so seriously, or who take themselves so seriously, it's as if they'd come out of the womb as little adults. You notice that the maturity level of different people varies wildly amongst different ages... yes.. I admit it.. I'm 31 but I appear to be stuck at 17... I think I'll always be 17 in my mind. Screw growing up. It looks shit.

What I like about Japan is the fantasy, the imagination, the energy of the nation. They're the world's second largest economy (not counting the EU) and they're the largest producer of animation, comics, toys, cartoons... in a word: fantasy.

They have their eyes, and minds fixed on a fantastic future where they're not under the imperial yoke of the US. A future where Asia is on top.

It's the fantasy of living there that attracted me, and perhaps, just perhaps, once I've finished this course I'll find my way back there, to my little spot in Jing-Ni, see my friends and neighbours again, get stuck into the local politics and the scene and I'll grab the reigns again, like old times, get back in the saddle and spin about, like a kid, not a care in the world.

Teaching is a good profession. Noble, stable, helpful, sociable. Add journalism on as a side-angle, or graphic design or documentary film-making, and I'd be in bliss again in no-time, I have no doubt. Just add a girl, wind me up and watch me go.

Ahh well... back to reality.

Types of Legislation

Primary and Secondary Legislation.

Primary legislation is: "New Laws"
Secondary legistion are laws which are needed to facilitate the implementation of the Primary Legislation. (Except for orders in council, which are exceptional)

Secondary bills are also known as subordinate or delegated legislation.

Public Bills - Bills introduced by Government/individual Ministers, and "intended to change the general law of the land". Recent examples include the NHS Bill proposing the introduction of foundation hospitals and the Higher Education Bill outlining university top-up fees.

-Private Member's Bills / PMBs - Bills introduced by individual MPs. They rarely become law as they are not given the necessary time by the Government to be able to go through all the normal stages legislation must pass through to be enacted. PMBs can be introduced in one of three ways: (a) by 20 MPs successful in a ballot to present them on one of 13 Priate Member's Bills Fridays; (b) under the Ten-Minute Rule or under Standing Order 57 (presented in writing on PMB Fridays).

Types of Secondary Legislation:

(c) Private Bills - Usually called for by individual local authorities or other bodies or individuals to enable them to extend their powers or authorise them to carry out projects local to a specific area  of the country (e.g. major railway works, the building of new roads or extensions to harbours). A Private Bill was granted to allow Grand Prix racing on the streeets of Birmingham in the mid- 1980s

(d) Hybrid Bills - Legislation introduced as Public Bills, but which are seen to affect certain "private interests" in a disproportionate way (e.g. Land Bill in Scotland)

- Orders in Council - Submitted by Ministers for approval by the Sovereign at a meeting of the Privy Council. A draft of this is normally agreed by Parliament before it is submitted by the Minister. This is the system used to introduce much of the delegated legislation relating to Northern Ireland. (Consideration: Diego Garcia)

- Statutory Instruments - Issued by Ministers to flesh out the detail of new Enabling Acts or update detail in existing ones, but also require the formal agreement of Parliament. The Act will usually specify whether an affirmative or negative agreement is required to obtain Parliament's agreement (the former means that a statutory instrument will not come into play unless Parliament formally approves a resolution, while the latter means that an instrument will automatically come into effecct if, after 40 days, no resolution has been passed objecting to it).

- Bylaws - Localised "laws" passed on the approval of the relevant government Minister, the scope for which is enshrined in an existing Act of Parliament (e.g. city-centre street drinking bans)

The Passage of a Bill


Unlike other types of primary legislation, Government Bills (Public Bills) start with an initial consultation called a  Green Paper. There are refined through consultationwith interested parties, becoming a White Paper. 


All primary Bills must go through the following stages:

- First Reading - Reading out the Bull's full title in the House of Commons (date usually set for next stage to happen within days)

- Second Reading - The "General Principles" of the Bill outlined, and an initial debate held (sometimes with a vote)

- Committee Stage - Detailed consideration of he main clauses in the Bill by a standing committee set up to consider it. Sometimes this is carried out by the Commons itself, as a 'committee of the whole house'.


- Report Stage - The committee's recommendations and observations are referred to the Commons in the form of a written report, and further amendments can follow  before the Bill proceeds to it's Third Reading. This stage often involves late sittings.

- Third Reading - Bill reviewed and debated in it's final intended form. At this stage, all opportuniteies for Commons to make amendments have passed, but Lords still allowed to. Once a Bill is amended a third time it passes automatically into the Lords.

- The House of Lords - Bill formally referred to the Lords (or "another place"). Here it follows much the same stages as in Commons, but this time its Committee sstage in usually taken on the floor of the House.

Parliament Act 


Royal Assent - Final seal of approval for a Bill which turns it into an Act of Parliament. This had not been refused since 1707.

Prime Minister's Questions - 
The Barnett Formula -

PM denies ordering briefing against darling 

Gordon Brown has denied ordering the "forces of hell" to be unleashed on Alistair Darling when he predicted the recession would be worse than expected.

Minute by Minute report on PMsQs from guardian politics blog - 

12.32pm: DNA
Brown says the Tory plans to restrict the DNA database would damage public safety.

- http://www.dailymail.co.uk/news/article-1214951/Hundreds-rape-murder-convictions-review-DNA-evidence-revealed-wrong-man-jailed-killing-Teresa-De-Simone.html

- http://www.copfs.gov.uk/Resource/Doc/13547/0000580.pdf

- http://feministphilosophers.wordpress.com/2009/08/05/rape-convictions-why-no-info/

- http://www.guardian.co.uk/commentisfree/libertycentral/2009/nov/13/rape-dna-database

- http://ezinearticles.com/?Minimum-Sentencing-For-Statutory-Rape-Convictions&id=3526254

- http://www.medindia.net/news/Postcode-Lottery-For-Rape-Convictions-Still-Prevails-In-UK-52924-1.htm

Types of parliamentary questions


Questions tend to be split up into two broad categories: 
- Questions for Written Anwer (include Private Notice Questions passed to Ministers by backbench MNPs for detailed written answers. 


- 


- Adjournment Debates - A useful means by which MPs can raise issues of concrern to their constituents, they can be held on one fo three types of occasionL (a) in a 30 minute period just before the House adjourns for the night and the end of each business day; (b) over three hours, before the House adjourns for each Summer Recess; or (c) on Tuesday and Wednesday mornings, under the terms of the Jopling Reforms... 


- Early Day Motions - This is a means by which an MP will try to engage the support of other members for his or her views on a subject, enabling him or her to table a written parliamentary record... 


- The Guillotine / Allocation of Time Motion - means by which Govt of day can apply to The Speaker for permission to draw a line formally under debate on a particular clause of a Bill, etc. 


It was in the late 19th century around one of the many proposals for home rule in Ireland... not only involving Irish MPs. When this idea came in it was after a particular occasion that the debate kept rolling for over three weeks. (or something like - 72 days)


Filibustering - Way in which some MPs (especially Opposition ones) try to waste time by "Talking Bills out" if they do not approve of proposed government legisltion. The guillotine was introduce their ability to do this (clamped down on after 1887)

- The Kangaroo ...

- Motion of Closure - Speaker agrees to set a deadline for a vote to be taken on a specific motion...



Role of the Opposition

- To hold the Government to account for ti's actions by appointinga Shadow Cabinet composed fo spokesmen on the main departmental briefs.

- To contribute to legislative process by proposing amendments to Bills

- To set out its policies as an alternative government using designated Opposition Days, which are schemed into the Parliamentary timetable to allow it, rather than the Government, to dictate the flow of Commons business. Each Parliamentary Session, there are 20 Opposition Days in total, 15 of which go to the largest Opposition party and three to the third largest party).

The Role of the Speaker

- Controlling debates including deciding when debates on specific subjects should end and be voted on, and suspending or adjourning sittings if debtes get out of hnd (debate over the Hutton Report was recently suspended by the current Speaker, John Bercow, after protesters invaded the public gallery in the Commons)

- Certifying some Bills as "Money Bill" (eg The Budget), which stops the Lords delaying their passage

- Ordering MPs who have broken the rules of the Commons to leave the chamber (this has happened on several occasions to the Democratic Unionist party leader, Reverend Ian Paisley, when he has accused fellow MPs of "lying" - a term expressly banned from the chamber by parliamentary convention).


The Role of the Speaker

- Signing warrants such as that used to commit members to prison for contempt of the House. (never ever ever ever ever used. Ever)

- Chairing the House of Commons Commissiion (the main body which administers the procedures of the Commons)

- Notionally charing the newly formed Electoral Commission (formally the Boundary Commissions), which determins the size and shape of constituentcies, and polices MP's expenses and party funding.


Role of the Electoral Commission


- The Electorla Commissions' role is.. 

- They police internal party elections - Peter Hain etc...
Harriet Harman

Types of Legislation

Primary and Secondary Legislation.

Primary legislation is: "New Laws"
Secondary legistion are laws which are needed to facilitate the implementation of the Primary Legislation. (Except for orders in council, which are exceptional)

Secondary bills are also known as subordinate or delegated legislation.

Public Bills - Bills introduced by Government/individual Ministers, and "intended to change the general law of the land". Recent examples include the NHS Bill proposing the introduction of foundation hospitals and the Higher Education Bill outlining university top-up fees.

-Private Member's Bills / PMBs - Bills introduced by individual MPs. They rarely become law as they are not given the necessary time by the Government to be able to go through all the normal stages legislation must pass through to be enacted. PMBs can be introduced in one of three ways: (a) by 20 MPs successful in a ballot to present them on one of 13 Priate Member's Bills Fridays; (b) under the Ten-Minute Rule or under Standing Order 57 (presented in writing on PMB Fridays).

Types of Secondary Legislation:

(c) Private Bills - Usually called for by individual local authorities or other bodies or individuals to enable them to extend their powers or authorise them to carry out projects local to a specific area  of the country (e.g. major railway works, the building of new roads or extensions to harbours). A Private Bill was granted to allow Grand Prix racing on the streeets of Birmingham in the mid- 1980s

(d) Hybrid Bills - Legislation introduced as Public Bills, but which are seen to affect certain "private interests" in a disproportionate way (e.g. Land Bill in Scotland)

- Orders in Council - Submitted by Ministers for approval by the Sovereign at a meeting of the Privy Council. A draft of this is normally agreed by Parliament before it is submitted by the Minister. This is the system used to introduce much of the delegated legislation relating to Northern Ireland. (Consideration: Diego Garcia)

- Statutory Instruments - Issued by Ministers to flesh out the detail of new Enabling Acts or update detail in existing ones, but also require the formal agreement of Parliament. The Act will usually specify whether an affirmative or negative agreement is required to obtain Parliament's agreement (the former means that a statutory instrument will not come into play unless Parliament formally approves a resolution, while the latter means that an instrument will automatically come into effecct if, after 40 days, no resolution has been passed objecting to it).

- Bylaws - Localised "laws" passed on the approval of the relevant government Minister, the scope for which is enshrined in an existing Act of Parliament (e.g. city-centre street drinking bans)

The Passage of a Bill


Unlike other types of primary legislation, Government Bills (Public Bills) start with an initial consultation called a  Green Paper. There are refined through consultationwith interested parties, becoming a White Paper. 


All primary Bills must go through the following stages:

- First Reading - Reading out the Bull's full title in the House of Commons (date usually set for next stage to happen within days)

- Second Reading - The "General Principles" of the Bill outlined, and an initial debate held (sometimes with a vote)

- Committee Stage - Detailed consideration of he main clauses in the Bill by a standing committee set up to consider it. Sometimes this is carried out by the Commons itself, as a 'committee of the whole house'.


- Report Stage - The committee's recommendations and observations are referred to the Commons in the form of a written report, and further amendments can follow  before the Bill proceeds to it's Third Reading. This stage often involves late sittings.

- Third Reading - Bill reviewed and debated in it's final intended form. At this stage, all opportuniteies for Commons to make amendments have passed, but Lords still allowed to. Once a Bill is amended a third time it passes automatically into the Lords.

- The House of Lords - Bill formally referred to the Lords (or "another place"). Here it follows much the same stages as in Commons, but this time its Committee sstage in usually taken on the floor of the House.

Parliament Act 


Royal Assent - Final seal of approval for a Bill which turns it into an Act of Parliament. This had not been refused since 1707.

Prime Minister's Questions - 
The Barnett Formula -

PM denies ordering briefing against darling 

Gordon Brown has denied ordering the "forces of hell" to be unleashed on Alistair Darling when he predicted the recession would be worse than expected.

Minute by Minute report on PMsQs from guardian politics blog - 

12.32pm: DNA
Brown says the Tory plans to restrict the DNA database would damage public safety.

- http://www.dailymail.co.uk/news/article-1214951/Hundreds-rape-murder-convictions-review-DNA-evidence-revealed-wrong-man-jailed-killing-Teresa-De-Simone.html

- http://www.copfs.gov.uk/Resource/Doc/13547/0000580.pdf

- http://feministphilosophers.wordpress.com/2009/08/05/rape-convictions-why-no-info/

- http://www.guardian.co.uk/commentisfree/libertycentral/2009/nov/13/rape-dna-database

- http://ezinearticles.com/?Minimum-Sentencing-For-Statutory-Rape-Convictions&id=3526254

- http://www.medindia.net/news/Postcode-Lottery-For-Rape-Convictions-Still-Prevails-In-UK-52924-1.htm

Types of parliamentary questions


Questions tend to be split up into two broad categories: 
- Questions for Written Anwer (include Private Notice Questions passed to Ministers by backbench MNPs for detailed written answers. 


- 


- Adjournment Debates - A useful means by which MPs can raise issues of concrern to their constituents, they can be held on one fo three types of occasionL (a) in a 30 minute period just before the House adjourns for the night and the end of each business day; (b) over three hours, before the House adjourns for each Summer Recess; or (c) on Tuesday and Wednesday mornings, under the terms of the Jopling Reforms... 


- Early Day Motions - This is a means by which an MP will try to engage the support of other members for his or her views on a subject, enabling him or her to table a written parliamentary record... 


- The Guillotine / Allocation of Time Motion - means by which Govt of day can apply to The Speaker for permission to draw a line formally under debate on a particular clause of a Bill, etc. 


It was in the late 19th century around one of the many proposals for home rule in Ireland... not only involving Irish MPs. When this idea came in it was after a particular occasion that the debate kept rolling for over three weeks. (or something like - 72 days)


Filibustering - Way in which some MPs (especially Opposition ones) try to waste time by "Talking Bills out" if they do not approve of proposed government legisltion. The guillotine was introduce their ability to do this (clamped down on after 1887)

- The Kangaroo ...

- Motion of Closure - Speaker agrees to set a deadline for a vote to be taken on a specific motion...



Role of the Opposition

- To hold the Government to account for ti's actions by appointinga Shadow Cabinet composed fo spokesmen on the main departmental briefs.

- To contribute to legislative process by proposing amendments to Bills

- To set out its policies as an alternative government using designated Opposition Days, which are schemed into the Parliamentary timetable to allow it, rather than the Government, to dictate the flow of Commons business. Each Parliamentary Session, there are 20 Opposition Days in total, 15 of which go to the largest Opposition party and three to the third largest party).

The Role of the Speaker

- Controlling debates including deciding when debates on specific subjects should end and be voted on, and suspending or adjourning sittings if debtes get out of hnd (debate over the Hutton Report was recently suspended by the current Speaker, John Bercow, after protesters invaded the public gallery in the Commons)

- Certifying some Bills as "Money Bill" (eg The Budget), which stops the Lords delaying their passage

- Ordering MPs who have broken the rules of the Commons to leave the chamber (this has happened on several occasions to the Democratic Unionist party leader, Reverend Ian Paisley, when he has accused fellow MPs of "lying" - a term expressly banned from the chamber by parliamentary convention).


The Role of the Speaker

- Signing warrants such as that used to commit members to prison for contempt of the House. (never ever ever ever ever used. Ever)

- Chairing the House of Commons Commissiion (the main body which administers the procedures of the Commons)

- Notionally charing the newly formed Electoral Commission (formally the Boundary Commissions), which determins the size and shape of constituentcies, and polices MP's expenses and party funding.


Role of the Electoral Commission


- The Electorla Commissions' role is.. 

- They police internal party elections - Peter Hain etc...
Harriet Harman

Witnesses and Hostile Witnesses

THE REST-1

Witnesses can be forced to give evience by a witness summons or warrant.

Refusing to give evidence can lead to a jail sentence - with exceptions of spouses. That is, if you're married, you cannot be forced to give evidence.
What about a domestic violence case? A few years ago, you couldn't make the wife give evidence, however there have been changes in the law recently. One of the main things that they're doing now is prosecuting against the wife's wishes regardless.

If you refuse to testify or go back on a statement made to polics or investigators you can be declared a 'hostile witness'.

What will happen is that the prosecution can tell the judge that you're a hostile witness. What this means is that a solicitor or barrister can ask you leading questions, ie questions which suggest what the answer might be. For example..." is it right that you saw x covered in blood in the corridor with a knife? "

In a normal case the lawyer cannot ask leading questions of the witness. But if the judge declares a hostile witness then leading questions are permissible.

If there's a 6 month or year lag between your first statement and the date of the trial. Passage of time may mean a difference in recollection especially of details.

During a sentence reference can be made to previous convictions

Be clear about the difference between previous conviction and asking for offences to be taken into account.

Admission to Courts:

-Press and public
-
-
-

Lord Atkinson: "The hearing of a case in public may be], and often is, no doubt, painful, humiliating, or deterrent both to parties and witnesses, and in many cases, especially those of a criminal nature, the details may be so indecent as to tend to injure public morals, but all this is tolerated and endured, because it is felt that in public trial is to found, on the whole, the best security for the pure, impartial, and efficient administration of justice, the best means for winning for it public confidence and respect."

eg. Scott v Scott (1913) or Reigate Mags vs Argus newspapers

Under Common Law exclusion to press extends only to:
You will hear the phrase "Heard in chambers" or "Heard in Camera"

-Where presence defeats the ends of justice
-Secret process is subject to evidence (Trade Secrets)
-Matters affecting children
-Security of State
-Lunacy

Even with restrictions, over riding rule is still open justice.

- Lord Diplock and the Leveller case (1979)
-Restrictions should only apply when the nature or circumstances of the particular proceeding are such that the application of the general rule in it's entirety would frustrate or render impracticable the administration of justice.
-Open justice is key to the system - there are lots of good reasons for it, and what the courts accept is that occasionally it may be necessary (for national security or because someone is mentally incapable) to hold private hearings, but these are very much the exceptions.

Do not ignore a court order - an invalid restriction has to be obeyed until a court rescinds it.

But press have a right to be heard in most cases when reporting restriction/plan to sit in private is being imposed (McKerry v Teesdale)

Lord Bingham said in 2000 : "A reporter does not enjoy... "

What to do:

- Approach the clerk to query/challenge - either before case, in adjournment, by passing a note

- The Clerk can be asked to provide:

-Written form of order
-Written reason why it was made
-Written details of statute and which section


Addressing the court has the advantage of resolving problems quickly and saving money on lawyers.

You're unlikely to be made to pay costs but it is important to challenge as early as possible because there is a risk, even if you're successful.

You can challenge magistrates decisions at Queen's Bench division of the HIgh Court

For reporting restrictions made by crown court judge can be challenged in the court of appeal

BUT

It may be expensive, and may take some time.

Witnesses and Hostile Witnesses

THE REST-1

Witnesses can be forced to give evience by a witness summons or warrant.

Refusing to give evidence can lead to a jail sentence - with exceptions of spouses. That is, if you're married, you cannot be forced to give evidence.
What about a domestic violence case? A few years ago, you couldn't make the wife give evidence, however there have been changes in the law recently. One of the main things that they're doing now is prosecuting against the wife's wishes regardless.

If you refuse to testify or go back on a statement made to polics or investigators you can be declared a 'hostile witness'.

What will happen is that the prosecution can tell the judge that you're a hostile witness. What this means is that a solicitor or barrister can ask you leading questions, ie questions which suggest what the answer might be. For example..." is it right that you saw x covered in blood in the corridor with a knife? "

In a normal case the lawyer cannot ask leading questions of the witness. But if the judge declares a hostile witness then leading questions are permissible.

If there's a 6 month or year lag between your first statement and the date of the trial. Passage of time may mean a difference in recollection especially of details.

During a sentence reference can be made to previous convictions

Be clear about the difference between previous conviction and asking for offences to be taken into account.

Admission to Courts:

-Press and public
-
-
-

Lord Atkinson: "The hearing of a case in public may be], and often is, no doubt, painful, humiliating, or deterrent both to parties and witnesses, and in many cases, especially those of a criminal nature, the details may be so indecent as to tend to injure public morals, but all this is tolerated and endured, because it is felt that in public trial is to found, on the whole, the best security for the pure, impartial, and efficient administration of justice, the best means for winning for it public confidence and respect."

eg. Scott v Scott (1913) or Reigate Mags vs Argus newspapers

Under Common Law exclusion to press extends only to:
You will hear the phrase "Heard in chambers" or "Heard in Camera"

-Where presence defeats the ends of justice
-Secret process is subject to evidence (Trade Secrets)
-Matters affecting children
-Security of State
-Lunacy

Even with restrictions, over riding rule is still open justice.

- Lord Diplock and the Leveller case (1979)
-Restrictions should only apply when the nature or circumstances of the particular proceeding are such that the application of the general rule in it's entirety would frustrate or render impracticable the administration of justice.
-Open justice is key to the system - there are lots of good reasons for it, and what the courts accept is that occasionally it may be necessary (for national security or because someone is mentally incapable) to hold private hearings, but these are very much the exceptions.

Do not ignore a court order - an invalid restriction has to be obeyed until a court rescinds it.

But press have a right to be heard in most cases when reporting restriction/plan to sit in private is being imposed (McKerry v Teesdale)

Lord Bingham said in 2000 : "A reporter does not enjoy... "

What to do:

- Approach the clerk to query/challenge - either before case, in adjournment, by passing a note

- The Clerk can be asked to provide:

-Written form of order
-Written reason why it was made
-Written details of statute and which section


Addressing the court has the advantage of resolving problems quickly and saving money on lawyers.

You're unlikely to be made to pay costs but it is important to challenge as early as possible because there is a risk, even if you're successful.

You can challenge magistrates decisions at Queen's Bench division of the HIgh Court

For reporting restrictions made by crown court judge can be challenged in the court of appeal

BUT

It may be expensive, and may take some time.

Brief for Assessed Presentation

To produce a 3,000 word Case Study focusing on a topical issue/debate covered by the Jounalists and Government syllabus.

The study will ideally relate to both local and central government, and may take the form of a 3,000 word essay, or a shorter essay plus one or more related journalistic articles. - 80%

An in class presentation focusing on the issue/debate you are intending to examine in your case study, giving details of how you are planning to carry out research for it and how you intend to present your work.

What they should contain:

- Address a political issue or debate which has been in the news during the course of the module.
- Make logical connections and explore relationships between the impact of this issue/debate on local government, central government and, where appropriate, international governmental institutions.
- Utilise suitable visual aids and/or support material, Powerpoint presentations, handouts, cuttings, printouts etc.) to better illustrate the points you are covering, and provide some evidence of the current relevance of your chosen topic and how you came to focus on it for your case study.
- Stick to an appropriate length (five to seven minutes), including a Q&A
- Project clearly, and maintain good eye contact.

Each presentation will  initially be assessed using a standard mark sheer designed to address these criteria/ You may hand in support materials at the end, to be taken into account in finalisinng your marks. One final thing: should you decide on a different issue, this does not mean you will receive any lower a mark for your presentation than otherwise. It is possible to obtain a high mark even if you subsequently decide to write an essay on a different subject.

Hansard  - Daily record of proceedings in both upper and lower houses
Parliament - UK
They work for you - Parliaments and Assemblies
Conservative Party/Labour/Lib Dems/Guido Fawkes/Redrag/Iain Dale/Liberal Conspiracy/Chicken Yoghurt/One Politics/Epolitix/politics.co.uk

_______

How effective is the system for monitoring MPs expenses? Is it transparent and effective enough?/Which political changed influence annual changes in council tax levels?
/What has the government done to the social services specifically to safeguarding children, Since the Baby P case and what does the future hold?
/Are academies losing their independence, and how will they be different from any other school if they do?
/How representative is local democracy? What can be done to attract people from different backgrounds to become councillors?
/How much truth is there in the proposition that the Lisbon Treaty is the ill-fated EU constitution in all but name?
/To what extent will the UK economy benefit from the building of the new generation of nuclear power stations?
/To what extent are government and MPs held accountable for their actions?
/Is electoral reform possible in today's political climate, and what does it mean for British Democracy. 

- 

Brief for Assessed Presentation

To produce a 3,000 word Case Study focusing on a topical issue/debate covered by the Jounalists and Government syllabus.

The study will ideally relate to both local and central government, and may take the form of a 3,000 word essay, or a shorter essay plus one or more related journalistic articles. - 80%

An in class presentation focusing on the issue/debate you are intending to examine in your case study, giving details of how you are planning to carry out research for it and how you intend to present your work.

What they should contain:

- Address a political issue or debate which has been in the news during the course of the module.
- Make logical connections and explore relationships between the impact of this issue/debate on local government, central government and, where appropriate, international governmental institutions.
- Utilise suitable visual aids and/or support material, Powerpoint presentations, handouts, cuttings, printouts etc.) to better illustrate the points you are covering, and provide some evidence of the current relevance of your chosen topic and how you came to focus on it for your case study.
- Stick to an appropriate length (five to seven minutes), including a Q&A
- Project clearly, and maintain good eye contact.

Each presentation will  initially be assessed using a standard mark sheer designed to address these criteria/ You may hand in support materials at the end, to be taken into account in finalisinng your marks. One final thing: should you decide on a different issue, this does not mean you will receive any lower a mark for your presentation than otherwise. It is possible to obtain a high mark even if you subsequently decide to write an essay on a different subject.

Hansard  - Daily record of proceedings in both upper and lower houses
Parliament - UK
They work for you - Parliaments and Assemblies
Conservative Party/Labour/Lib Dems/Guido Fawkes/Redrag/Iain Dale/Liberal Conspiracy/Chicken Yoghurt/One Politics/Epolitix/politics.co.uk

_______

How effective is the system for monitoring MPs expenses? Is it transparent and effective enough?/Which political changed influence annual changes in council tax levels?
/What has the government done to the social services specifically to safeguarding children, Since the Baby P case and what does the future hold?
/Are academies losing their independence, and how will they be different from any other school if they do?
/How representative is local democracy? What can be done to attract people from different backgrounds to become councillors?
/How much truth is there in the proposition that the Lisbon Treaty is the ill-fated EU constitution in all but name?
/To what extent will the UK economy benefit from the building of the new generation of nuclear power stations?
/To what extent are government and MPs held accountable for their actions?
/Is electoral reform possible in today's political climate, and what does it mean for British Democracy. 

- 

Supermedia: Chapter 1.4.1

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Supermedia Chapter 1.4.1

Supermedia: Chapter 1.4.1

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Supermedia Chapter 1.4.1

Supermedia: Chapter 1.2

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Supermedia Chapter 1.2

Supermedia: Chapter 1.2

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Supermedia Chapter 1.2

Supermedia: Chapter 1

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Supermedia Chapter 1

Supermedia: Chapter 1

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Supermedia Chapter 1

The Journalist and the Murderer - Janet Malcolm: Introduction

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The Journalist and the Murderer - Janet Malcolm: Introduction

The Journalist and the Murderer - Janet Malcolm: Introduction

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The Journalist and the Murderer - Janet Malcolm: Introduction

Essay Titles for News Business Module:

1. Is media Theory of use to journalists?

- I have to say that this initially strikes me as a dull question - and that the answer is fairly simple: it depends what kind of journalist you want to be. If you want to be savvy about the struggles of the left and right, both historically, and philosophically, you should be well versed in theory. Journalists are 'gut instinct creatures' but that doesn't excuse ignorance, and all too often 'gut instinct' exists in ignorance and does not serve the greater good.

2. "Political journalists are much more comfortable confronting individuals than taking on their arguments: they direct attention to the game and its players rather than what's is at stake." Discuss.

- Hmm.. this is actually interesting. It always annoys me when journalists aim for the easy points rather than  enlightening viewers to a certain policy strategy.. but I think I can go without answering this question. Kinda seems a  bit like I'll end up going round in circles.

3. Since September 11th, has patriotism trumpet dissent and fairness in the British press?

- This is a fairly interesting question. I'm a total conspiracy nut, I have watched every half-hacked documentary from 'loosechange' to 'JFK - The Bush Connection'... and deeper. I'd like to attack this question, but I'm not sure that this is quite the angle I want to focus on. It sort of assumes the British press was fair before 9/11. I will have to think about this one.

4. "Every journalist who is not too stupid or too full of himself to know what is going on knows that what he does is morally indefensible." Can one case even begin to justify Janet Malcolm's claim?

- This is a good question. Not only is it about an interesting book/case but also it's incredibly polemical, and obviously the answer is a resounding 'NO!'. Of course journalists can be honest, fair, decent and moral. The question I suppose is: Who? I'll probably end up doing this question...

5. "A reporter is someone faithful to sources, attuned to the conventional wisdom, serving the political culture of media institutions, and committed to a narrow range of public literary expression." Discuss.

- That's um.. obvious isn't it? I don't know about this question.

Because I know least about this question, and it seems at first the least interesting, I'm attracted to it in retrospect. Looking at how the sentence is couched, I realise that this is exactly what defines a real reporter/journalist: that they're faithful to sources, attuned to conventional wisdom, serve the political culture of media institutions and are committed to a narrow range of public literary discussion. 


This question lends itself to semantic analysis of traditional and archetypical reporters. I might well do this, as research, discussion and analysis will be a joy to do, not a nebulous octopus like Chomsky or 9/11. 

6. Are Noam Chomsky's ideas relevant to the press in modern Britain?

- This is another favourite of mine, and I might well do this question. Chomsky is easy to read, easy to understand and a great favourite of mine (along with every other student no doubt). But do his ideas apply to the British press? Well, yes and no. They do in that Chomsky talks about 'western media' but the coverage of Israel is different in the UK than in the US. This would be a meaty essay to get into, and I would feel on comfortable ground to begin with, but I'll have to read 'manufacturing consent' again before I think about tackling it seriously.

7. "This business of giving people what they want is a dope-pusher's argument. the job of the journalist is to take what's important and make it interesting." Discuss

- That's a good essay title. That really is. Could talk about the Sun and page three, John Pilger and East Timor, The War on Terror and Oil prices.. really this covers so much media spin, this would probably be the most fun essay to do, although maybe the least focussed?

8. "The difference between the real journalist and the blogger is that the journalist is the public's ambassador." - Discuss

- Well yes, I think I probably should discuss this one. Journalists train in order to serve the public good. We train in how the government works, how the legal system works. We train in history, politics and media theory. But I'm a blogger/journalist - I'm a new model, a video journalist/VJ/designer.. I should do this question. Hmm...

Essay Titles for News Business Module:

1. Is media Theory of use to journalists?

- I have to say that this initially strikes me as a dull question - and that the answer is fairly simple: it depends what kind of journalist you want to be. If you want to be savvy about the struggles of the left and right, both historically, and philosophically, you should be well versed in theory. Journalists are 'gut instinct creatures' but that doesn't excuse ignorance, and all too often 'gut instinct' exists in ignorance and does not serve the greater good.

2. "Political journalists are much more comfortable confronting individuals than taking on their arguments: they direct attention to the game and its players rather than what's is at stake." Discuss.

- Hmm.. this is actually interesting. It always annoys me when journalists aim for the easy points rather than  enlightening viewers to a certain policy strategy.. but I think I can go without answering this question. Kinda seems a  bit like I'll end up going round in circles.

3. Since September 11th, has patriotism trumpet dissent and fairness in the British press?

- This is a fairly interesting question. I'm a total conspiracy nut, I have watched every half-hacked documentary from 'loosechange' to 'JFK - The Bush Connection'... and deeper. I'd like to attack this question, but I'm not sure that this is quite the angle I want to focus on. It sort of assumes the British press was fair before 9/11. I will have to think about this one.

4. "Every journalist who is not too stupid or too full of himself to know what is going on knows that what he does is morally indefensible." Can one case even begin to justify Janet Malcolm's claim?

- This is a good question. Not only is it about an interesting book/case but also it's incredibly polemical, and obviously the answer is a resounding 'NO!'. Of course journalists can be honest, fair, decent and moral. The question I suppose is: Who? I'll probably end up doing this question...

5. "A reporter is someone faithful to sources, attuned to the conventional wisdom, serving the political culture of media institutions, and committed to a narrow range of public literary expression." Discuss.

- That's um.. obvious isn't it? I don't know about this question.

Because I know least about this question, and it seems at first the least interesting, I'm attracted to it in retrospect. Looking at how the sentence is couched, I realise that this is exactly what defines a real reporter/journalist: that they're faithful to sources, attuned to conventional wisdom, serve the political culture of media institutions and are committed to a narrow range of public literary discussion. 


This question lends itself to semantic analysis of traditional and archetypical reporters. I might well do this, as research, discussion and analysis will be a joy to do, not a nebulous octopus like Chomsky or 9/11. 

6. Are Noam Chomsky's ideas relevant to the press in modern Britain?

- This is another favourite of mine, and I might well do this question. Chomsky is easy to read, easy to understand and a great favourite of mine (along with every other student no doubt). But do his ideas apply to the British press? Well, yes and no. They do in that Chomsky talks about 'western media' but the coverage of Israel is different in the UK than in the US. This would be a meaty essay to get into, and I would feel on comfortable ground to begin with, but I'll have to read 'manufacturing consent' again before I think about tackling it seriously.

7. "This business of giving people what they want is a dope-pusher's argument. the job of the journalist is to take what's important and make it interesting." Discuss

- That's a good essay title. That really is. Could talk about the Sun and page three, John Pilger and East Timor, The War on Terror and Oil prices.. really this covers so much media spin, this would probably be the most fun essay to do, although maybe the least focussed?

8. "The difference between the real journalist and the blogger is that the journalist is the public's ambassador." - Discuss

- Well yes, I think I probably should discuss this one. Journalists train in order to serve the public good. We train in how the government works, how the legal system works. We train in history, politics and media theory. But I'm a blogger/journalist - I'm a new model, a video journalist/VJ/designer.. I should do this question. Hmm...

Chapter 7: Juveniles in Criminal, ASBO, DBO, proceedings

ALL PREVIOUS LAW PODCASTS HAVE NOW BEEN MOVED TO A SEPARATE BLOG LOCATED HERE:
http://ipodlawforjournalists.blogspot.com/ 
+++++++++++++++++++++


To download it, right click the link and 'save target as...' or ctrl click and 'save as'

To play it, click the link and wait for it to load, or press play below. 

Chapter 7: Juveniles in Criminal ASBO DBO

Chapter 7: Juveniles in Criminal, ASBO, DBO, proceedings

ALL PREVIOUS LAW PODCASTS HAVE NOW BEEN MOVED TO A SEPARATE BLOG LOCATED HERE:
http://ipodlawforjournalists.blogspot.com/ 
+++++++++++++++++++++


To download it, right click the link and 'save target as...' or ctrl click and 'save as'

To play it, click the link and wait for it to load, or press play below. 

Chapter 7: Juveniles in Criminal ASBO DBO

Home Office Video Campaign

Home Office Video Campaign

Law Semester 2: Defamation and the Defence of Privilege

The law recognises that there are occasions when the public interest demands that there shall be complete freedom of speech without any risk of proceedings for defamation, even if the statements are defamatory and even is they are untrue.

There are two types of privilege. Absolute, and Qualified.

Absolute Privilege is a complete defence - it doesn't matter if the defamatory statement is untrue, and it doesn't matter if it's said with malice.

The only time journalists have Absolute Privilege is when they are reporting the courts in the UK courts, the European Court of Human Rights, the European Courts of Justice and war crimes tribunals.

There are three basic requirements according to the defamation act 1996, reports must be fair and balanced, they must be accurate and they must be contemporaneous.

Fair reporting needs to represent both sides and not give undue weight to one side or the other. If there are inaccuracies protection exists as long as it is still fair overall and not misleading (Bennett v Newsquest). If it's unfair then you would lose qualified privilege. (Daily Sport 1993)

Journalists must include rebuttals where needed. 
Allegations need to be attributed or sourced because reporting them as fact would be inaccurate.
Identities should not be confused, ie. witnesses must not become defendants by mistake as this leaves the publication without a defence. Therefore journalists must be accurate with IDs, age, address, occupations etc.
This is quite a frequent problem as journalists are competing with each other and are therefore under a lot of pressure. Notes can easily be mixed up, so be aware.
Journalists must be precise with the charges, and not give the impression of guilt if the person is cleared. (Hendon Times 1993)

For absolute privilege to apply, reports must be contemporaneous ie printed at the first available opportunity.
If the reporting of the case if postponed by an order of the court, when it is finally allowed to be published that can be treated as contemporaneous.
If you do not publish immediately, you lose qualified privilege. (unless reporting was postponed by the court).

Additional material added to a court report is not covered by absolute privilege - eg background material, or comments shouted from the public gallery.

Discussion of 'Rape Story' in the Metro today;"A clubber who cried rape after dragging a man into public toilets for sex has been spared jail."Today in the metro newspaper a photo was placed next to this story, of a mother and baby. The photo belonged to a different story, however this women can sue for defamation and would probably win. Juxtaposition is very important in publishing. Be aware. 

Documents "Made available in court" are covered under the Defamation Act 1996, including court lists.
Maliciously made reports defeat the defence of qualified privilege, but not absolute privilege.

INQUESTS

Inquisitional courts designed to get answers on sudden and unnatural deaths and the ownership of treasure. They are not accusatorial - a coroner can lead witnesses theough questions and family members and other interested parties can ask questions.]

The purpose of inquests is always to find out -
Who the deceased was
How, when and where they met there death
The particulars to be registered (ie the verdict)

Quite often there is a narrative verdict which can include: 'misadventure', 'suicide', 'accidental death' etc.

Inquests are not allowed to apportion blame but can find neglect if there is a failing in the system (court of appeal 2002).
If a crime is involved, inquests are usually opened and adjourned.
Inquests held into all deaths of unnatural or violent nature abound.

Most inquests are done with coroners, however there are some on which a jury sits.
Industrial deaths, and poisoning cases, disease inquests (like rabies), person dying in custody, police dying whilst on the job are presided over by juries.

Juries must also be called in the case of an accident 'blackspot' because of the public safety angle.

Rule 37 of the Coroner's Rules, evidence can be taken in documentary form rather than oral form. Traditionally suicide notes have been treated like that. Usually this happens where evidence is unlikely to be disputed.
However under rule 17 cases should be heard in public.

Some coroners hate returning a suicide verdict, and will instead leave an open verdict.

There is no direct right of appeal to an inquest, however, applications can be mae to the high court to quash a verdict and a fresh inquest ordered but it needs the consent of the Attorney General.

Inquests traditionally were originally held into the finds of objects that are over 300 years old and contain substantial gold/silver or other valuables where the owner cannot be traced.
The Treasure Act (1996) - finders must report finds within 14 days. If a museum wants to have the find - and pay market value - an inquest is held and the coroner will decide if it is treasure.

Law Semester 2: Defamation and the Defence of Privilege

The law recognises that there are occasions when the public interest demands that there shall be complete freedom of speech without any risk of proceedings for defamation, even if the statements are defamatory and even is they are untrue.

There are two types of privilege. Absolute, and Qualified.

Absolute Privilege is a complete defence - it doesn't matter if the defamatory statement is untrue, and it doesn't matter if it's said with malice.

The only time journalists have Absolute Privilege is when they are reporting the courts in the UK courts, the European Court of Human Rights, the European Courts of Justice and war crimes tribunals.

There are three basic requirements according to the defamation act 1996, reports must be fair and balanced, they must be accurate and they must be contemporaneous.

Fair reporting needs to represent both sides and not give undue weight to one side or the other. If there are inaccuracies protection exists as long as it is still fair overall and not misleading (Bennett v Newsquest). If it's unfair then you would lose qualified privilege. (Daily Sport 1993)

Journalists must include rebuttals where needed. 
Allegations need to be attributed or sourced because reporting them as fact would be inaccurate.
Identities should not be confused, ie. witnesses must not become defendants by mistake as this leaves the publication without a defence. Therefore journalists must be accurate with IDs, age, address, occupations etc.
This is quite a frequent problem as journalists are competing with each other and are therefore under a lot of pressure. Notes can easily be mixed up, so be aware.
Journalists must be precise with the charges, and not give the impression of guilt if the person is cleared. (Hendon Times 1993)

For absolute privilege to apply, reports must be contemporaneous ie printed at the first available opportunity.
If the reporting of the case if postponed by an order of the court, when it is finally allowed to be published that can be treated as contemporaneous.
If you do not publish immediately, you lose qualified privilege. (unless reporting was postponed by the court).

Additional material added to a court report is not covered by absolute privilege - eg background material, or comments shouted from the public gallery.

Discussion of 'Rape Story' in the Metro today;"A clubber who cried rape after dragging a man into public toilets for sex has been spared jail."Today in the metro newspaper a photo was placed next to this story, of a mother and baby. The photo belonged to a different story, however this women can sue for defamation and would probably win. Juxtaposition is very important in publishing. Be aware. 

Documents "Made available in court" are covered under the Defamation Act 1996, including court lists.
Maliciously made reports defeat the defence of qualified privilege, but not absolute privilege.

INQUESTS

Inquisitional courts designed to get answers on sudden and unnatural deaths and the ownership of treasure. They are not accusatorial - a coroner can lead witnesses theough questions and family members and other interested parties can ask questions.]

The purpose of inquests is always to find out -
Who the deceased was
How, when and where they met there death
The particulars to be registered (ie the verdict)

Quite often there is a narrative verdict which can include: 'misadventure', 'suicide', 'accidental death' etc.

Inquests are not allowed to apportion blame but can find neglect if there is a failing in the system (court of appeal 2002).
If a crime is involved, inquests are usually opened and adjourned.
Inquests held into all deaths of unnatural or violent nature abound.

Most inquests are done with coroners, however there are some on which a jury sits.
Industrial deaths, and poisoning cases, disease inquests (like rabies), person dying in custody, police dying whilst on the job are presided over by juries.

Juries must also be called in the case of an accident 'blackspot' because of the public safety angle.

Rule 37 of the Coroner's Rules, evidence can be taken in documentary form rather than oral form. Traditionally suicide notes have been treated like that. Usually this happens where evidence is unlikely to be disputed.
However under rule 17 cases should be heard in public.

Some coroners hate returning a suicide verdict, and will instead leave an open verdict.

There is no direct right of appeal to an inquest, however, applications can be mae to the high court to quash a verdict and a fresh inquest ordered but it needs the consent of the Attorney General.

Inquests traditionally were originally held into the finds of objects that are over 300 years old and contain substantial gold/silver or other valuables where the owner cannot be traced.
The Treasure Act (1996) - finders must report finds within 14 days. If a museum wants to have the find - and pay market value - an inquest is held and the coroner will decide if it is treasure.