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18 January 2007 / Steven Raeburn
Issue: 7256 / Categories: Features , Media
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What happened to respect?

Steven Raeburn exposes the uneasy consequences of the baser elements of journalism

In November 2006, Luke Mitchell—sentenced to life imprisonment for the murder of teenager Jodi Jones—won the right to have his appeal heard outside Edinburgh (see HMA v Luke Muir Mitchell  [2006] HCJAC 84). The decision passed largely without remark, but this move quietly signifies a nadir in the relationship between the criminal courts and the media. The fact that it is believed necessary to move the location of the appeal at all, is due to the adverse publicity which accompanied the original trial. In anticipation of feverish coverage generating a storm of indignant interest, Mitchell’s defence team, led by Donald Findlay QC, aim to pre-emptively avoid negative press in the city. Such is the confidence Scottish legal practitioners have in their own media.

Prejudice

In considering the attitude of the newspapers in general, Findlay believes the level of coverage can be dangerously prejudicial, particularly before the point of any arrest. “That is the worrying area. How you strike a balance between the right of the press with the right of the

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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