UNSW Sydney · FACULTY OF ARTS & HUMANITIES

DPHU1003 Chap.8 Reporting on Court Cases

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Chapter 8 of 10 · DPHU1003

Reporting on Court Cases

Court reporting serves open justice by enabling public scrutiny of legal proceedings, while rules of contempt and sub judice protect the administration of justice and the right to a fair trial. Copy must preserve procedural status: charged is not convicted, an allegation is not proof and a lawyer's submission is not a judicial finding. Reporters attribute contested material and focus on what occurred in court.

Prior convictions, anonymous confessions or attacks on a witness gathered outside proceedings can be irrelevant and prejudicial. A verb audit before publication catches many status errors.

Application test. The core describes the appearance and charge, attributes the records argument to prosecutors and preserves the defence challenge.

The online confession is excluded because it was outside court, unverified and potentially prejudicial. Nothing in the copy announces guilt. Replace every legal-status verb with a blank, then refill it from the court record. This exposes assumptions hidden by familiar wording.

In this chapter

What this chapter covers

  • 01

    Open justice: The principle that court processes are generally observable so the public can scrutinise legal administration.

  • 02

    Contempt: Conduct or publication capable of interfering with the authority or proper administration of a court.

  • 03

    Sub judice: The active-proceeding context in which prejudicial material may threaten a fair trial.

  • 04

    Allegation: A claim not yet established as fact by the relevant legal process.

  • 05

    Procedural status: The exact stage or legal position described by terms such as charged, pleaded, convicted or sentenced.

  • 06

    Court attribution: Language identifying whether a claim came from evidence, a witness, counsel or a judicial finding.

Worked example · free

Preserve procedural status in a hearing report

Q [4 marks]. Prosecutors allege that records connect an accused person to a theft; defence counsel disputes the interpretation; an online post claims the person confessed. Draft the safe core. (AskSia practice allocation: 4 marks, not a published course mark scheme.)
  • +1The marks shown here are not a published university assessment scheme. State that the person appeared in court charged with theft, not that the person committed theft.
  • +1Attribute the records claim to prosecutors and describe it as an allegation or submission.
  • +1Attribute the defence challenge with equivalent procedural clarity.
  • +1Exclude the online confession claim because it was not before the court and is unverified and potentially prejudicial.
The core describes the appearance and charge, attributes the records argument to prosecutors and preserves the defence challenge. The online confession is excluded because it was outside court, unverified and potentially prejudicial. Nothing in the copy announces guilt.
Sia tip — Replace every legal-status verb with a blank, then refill it from the court record. This exposes assumptions hidden by familiar wording.
Glossary

Key terms

Open justice
The principle that court processes are generally observable so the public can scrutinise legal administration.
Contempt
Conduct or publication capable of interfering with the authority or proper administration of a court.
Sub judice
The active-proceeding context in which prejudicial material may threaten a fair trial.
Allegation
A claim not yet established as fact by the relevant legal process.
Procedural status
The exact stage or legal position described by terms such as charged, pleaded, convicted or sentenced.
Court attribution
Language identifying whether a claim came from evidence, a witness, counsel or a judicial finding.
FAQ

Reporting on Court Cases FAQ

Why does open justice matter to journalism?

Public observation and accurate reporting allow courts to be scrutinised, help people understand legal processes and support confidence grounded in evidence. That role does not remove fair-trial safeguards or authorise publication of prejudicial outside material.

What is the danger of writing that someone committed an offence after a charge?

A charge begins a legal process; it is not a finding of guilt. Converting charged into committed erases the presumption of innocence, misstates procedural status and can create serious legal and ethical consequences.

Can material found outside court be included?

Accessibility alone is not enough. Consider whether the material was presented in proceedings, whether a restriction applies, whether it is verified and relevant, and whether publication could prejudice a fair trial. The course exercise emphasises excluding outside allegations.

How can I audit a court story quickly?

Underline every legal verb and label. Identify its source and procedural basis, then circle facts gathered outside court. Confirm attribution, restrictions and the distinction between evidence, submission, allegation and judicial finding before filing.

Why should a court report distinguish evidence from a submission?

Evidence is material formally received through the proceeding, while a submission is an argument advanced by counsel about how the court should understand the case. Accurate attribution lets readers know the source, status and limits of each statement.

Study strategy

Assessment move

Build a court-language table with procedural verbs in separate columns: charged, pleaded, alleged, testified, submitted, found, convicted and sentenced. Rewrite fictional sentences that collapse those stages. During case exercises, split notes into material heard in court and material gathered elsewhere, then justify every inclusion. Practise a verb audit and an attribution audit as separate passes.

Finish each report with the next scheduled procedural step rather than predicting an outcome or offering your own judgment. Add a final verification pass in which you explain the weakest evidentiary link to another student, identify the exact wording it affects and name the next source or editing action that would strengthen it.

Final synthesis: The core describes the appearance and charge, attributes the records argument to prosecutors and preserves the defence challenge. The online confession is excluded because it was outside court, unverified and potentially prejudicial. Nothing in the copy announces guilt.

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