Courts and crime

Telegraph

17-07-2025

This section is not a legal textbook. If you have doubts on legal points, refer to the in-house lawyer, the news desk or your line manager.
Contempt of court becomes an active issue from the moment an individual is arrested or a warrant is issued for their arrest. From that moment in time, the law of contempt prevents the publication of any information that creates a substantial risk of serious prejudice to the proceedings.
The Telegraph shares the presumption of innocence of a defendant: so Mr, Mrs or Miss Smith, unless he or she is already a convicted criminal, still serving a sentence or has pleaded guilty.
Stories about ongoing cases should end in the line 'The case/trial/hearing continues'.
Full legal advice is available on The Telegraph intranet
Courts and judiciary
The Crown Court of which the Old Bailey is a part, sits in towns and cities throughout England and Wales. All kinds of Crown Court judges may be referred to as 'judges' in headlines and introductions. Refer to Sometown Crown Court. The Old Bailey is officially called the Central Criminal Court, but we don't refer to it by that name
There are three ranks of judge who sit in Crown Courts:
High Court judges: Mr Justice Smith (never Judge Smith). Off-duty they are referred to by the title they receive on appointment, as Sir John Smith, the High Court judge.
Circuit judges: Judge Smith. If there are two Judge Smiths then they will be known by their forenames as well, to avoid confusion: Judge John Smith, Judge James Smith.
Recorders: practising lawyers who sit as part-time judges. The recorder, John Smith, said at Sometown Crown Court. Later references to the recorder.
Apart from High Court judges, they should be given their titles and designated KC if they qualify. At the Old Bailey, the Recorder of London and the Common Serjeant are full-time judges. Refer to the Recorder of London, Sir John Smith KC or the Recorder of London. Judge John Smith, as appropriate. The Common Serjeant, Judge John Smith. Later references to the Recorder (cap) or the Common Serjeant or the judge.
The High Court sits at the Law Courts (preferred to the Royal Courts of Justice) in London and in some provincial cities. Refer to a High Court hearing in Manchester. The High Court contains three divisions:
Chancery Division: Day-to-day work is conducted by the Chancellor of the Chancery Division and High Court judges. 'The Chancellor, Sir John Smith, said at a High Court hearing in London.' For other judges: Mr Justice Smith or, later, the judge.
King's Bench Division: The Lord Chief Justice, Lord Smith, later Lord Smith or the Lord Chief Justice. For other judges: Mr Justice Smith, later refer to the judge.
Family Division: the President of the Family Division of the High Court, Sir John Smith (or Lord Smith). Later references to the President or Sir John (or Lord Smith). Other judges: Mr Justice Smith or, later, the judge.
The Court of Appeal's judges include the Master of the Rolls and the Lords Justices of Appeal, who are not law lords.
The Supreme Court is the final court of appeal for England, Wales and Northern Ireland, and, in civil cases only, for Scotland.
Superior courts other than the Court of Appeal hear some appeals. The Lord Chief Justice, Lords Justices of Appeal and judges of the King's Bench Division sit in the Court of Appeal, Criminal and Civil Divisions. When more than one judge takes part in a case, name them all.
Magistrates' courts should be referred to as Anytown magistrates' court (plural possessive even when a case is heard by a single magistrate).' John Smith, the chairman, said... '.
'John Smith, the magistrate, said... ' (for stipendiary magistrates).
The sitting magistrates are also known as the Bench.
County Courts: Refer to: Judge John Smith QC (at Sometown County Court), later Judge Smith or the judge.
Youth courts refer to Anytown youth court and to John Smith, the chairman. It is illegal to publish the name, address, school or any particulars leading to the identification of any youth who is involved in the proceedings, even as a witness or complainant.
Youth courts deal with people between the ages of 10 and 17 who may, however, appear, in certain circumstances, before adult courts.
Restrictions on identification apply to youths in adult courts only if the judge so orders.
Coroner's courts
The coroner's task is to ascertain the cause of a death by holding an inquest in open court unless he or she thinks it in the national interest to hold it in private. They may sit alone or may summon a jury, note there are only certain circumstances in which this could happen. Coroners need not be lawyers. They may be doctors. They operate an inquisitorial rather than an adversarial system. The coroner records a verdict; a coroner's jury returns a verdict. The laws of contempt apply.
Scottish courts
Scotland has its own system of law and its own courts. Procedure differs greatly from that of English and Welsh courts.
Traditionally, Scottish judges have been sterner in their view of contempt than their English counterparts, although the 1981 Contempt of Court Act covers the whole of Great Britain.
Under the Criminal Justice (Scotland) Act 1980, it is an offence to publish facts leading to the identification of any children under 16 involved in criminal proceedings whether they are accused, witnesses or victims.
Criminal courts are district courts. Refer to Scotburgh district court. Lay justices sit with a legal assessor.
Sheriff courts Scotland's six sheriffdoms each has a sheriff principal and they are divided into sheriff court districts. Courts are presided over by sheriffs who sometimes sit with a jury and may also hear civil cases. Scotburgh sheriff court. The sheriff, Mr Ian McSmith.
High Court of Justiciary Sits in Edinburgh and on circuit. All 21 Scottish judges can hear cases (see Court of Session). Prosecutions may be conducted by the Lord Advocate or the Solicitor General but normally by Crown counsel referred to as advocates depute.
Scotland has no court of criminal appeal and appeals in serious cases are heard by three judges or more of the High Court. Appeals against summary convictions are heard by the Justiciary Appeal Court. Refer as appropriate to the Scottish High Court sitting in xxxx, a Scottish appeal court sitting in xxxx.
Civil cases may be heard in sheriff courts or the Court of Session. The Court of Session, the superior civil court, is divided into the Outer House and the Inner House.
The Outer House has 12 judges called Lords Ordinary who sit alone or with juries. The Inner House has two divisions. In the first division the Lord President presides over four judges (three make a quorum). The Lord Justice Clerk presides in the second division.
Court of Session judges also make up the High Court which hears serious criminal cases. In criminal cases, the Lord President is referred to as the Lord Justice General. Refer to The Lord President, Lord McSmith; the Lord Justice General, Lord McSmith; the Lord Justice Clerk, Lord McSmith; or, for other judges, to the judge or Lord McSmith.
Terms found in Scottish court stories include:
Advocate, equivalent to an English barrister with exclusive right of audience in higher courts.
Crown Office, roughly equivalent to the Department of the Director of Public Prosecutions. Defender (not defendant) in civil cases.
Depute (not deputy) in legal titles. Interdict is the equivalent of an injunction.
Not proven Although this verdict differs from a finding of not guilty, a person cannot generally be tried again except for exceptional circumstances. However, a subsequent civil claim for damages by the victim's family may be brought.
Pursuer or petitioner (according to the procedure adopted) is a claimant. Procurator fiscal investigates and prosecutes crime in the sheriff court districts under the supervision of the Crown Office. He can give general directions to the police and decides whether an accused person should be held in custody or released until his trial, or whether the case should continue. The procurator fiscal questions an accused person at a private hearing by a sheriff before whom the accused must appear within 24 hours of arrest (48 hours at weekends). Refer to Ian McSmith, procurator fiscal.
Photographs Scotland has adopted a strict approach to the publication of photographs and / footage of the accused individual before the Crown closes their case so as to avoid creating a substantial risk of serious prejudice unless it is certain that identification will not be an issue in the trial. This applies to both solemn and summary trials.