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Defamation
Act 1996
Two
provisions from the act came into force from 28th February
2000.
1.
Defence of Offer of amends.
An
editor can use this provision where there is an admitted
error in order to try and reduce the exposure.
2.
Disposal of claims.
This
allows a claimant to have a case dealt with summarily, so
long as the claim is not more than £10,000.
The
court can decide that a defendant has no defence and can
order an editor to publish a suitable correction. The
court can also order the nature of the content and how and
when this is to be published.
New
rules for reporting children in crown courts in England
and Wales
A
Practice Direction has been issued setting out new
arrangements for the trials of children and young persons.
These will make anonymity orders more common than ever
before.
- At
a plea and directions hearing, the courts will make an
order either under section 39 of the Children and
Young Persons Act 1933, or under section 45 of the
Youth Justice and Criminal Evidence Act 1999.
- Section
45 will eventually give criminal courts similar powers
to those in section 39. This will have the effect of
preventing the identification of children or young
people involved in proceedings. It will also stop
intimidation.
If
the judge restricts access to the courtroom, arrangements
must be made for journalists in another room so that the
trial can be reported. Where a judge decides on how a plea
or a trial is to be conducted, there must be consideration
for 'overriding principle'. This principle stops young
defendants from being exposed to intimidation.
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