26 |
Media |
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| 26.1 |
In keeping with a policy of openness and accountability information may be given to the media by the prosecuting counsel appearing in a particular matter or by the Director or Deputy Director but by no other member of staff, pursuant to the following: |
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(1) |
before trial or plea information may only be given concerning: |
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(a) |
the trial or plea date, likely length of hearing and venue; and |
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(b) |
the charges on the indictment that have been read in open court. |
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(2) |
following a plea of guilty the following details may be given: |
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(a) |
the charges on the indictment; |
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(b) |
the court, judge and counsel names; |
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(c) |
the sentence or other order; and |
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(d) |
a copy of the Crown facts as given in court |
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| 26.2 |
Matters which should not be discussed with the media include: |
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(1) |
contact details for any victim or lay witness. (If the media wish to contact a witness a prosecutor may advise the witness of the request); |
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(2) |
details of any person who is an informer or who is giving evidence at some personal risk are to be kept confidential; |
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(3) |
any matters the subject of a court suppression order or legislative order - for example, in sections 6 and 7 Sexual Offences (Evidence and Procedure) Act, section 24 Misuse of Drugs Act and section 23 Juvenile Justice Act; |
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(4) |
copies of or access to videotapes or audio tapes of any recorded interviews, re-enactments, demonstrations or identifications or digital photographs or recordings; |
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(5) |
the likely or actual outcome of proceedings; |
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(6) |
the intended approach of the prosecution (for example, appellate proceedings being instituted, a matter being discontinued or an ex officio indictment being filed); |
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(7) |
the correctness or otherwise of any judicial decision; |
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(8) |
any part of a trial conducted in the absence of the jury (other than to remind the media that such material should not be reported during the trial); and |
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(9) |
any comments about investigations or operational matters (if appropriate a request for such information should be referred to the Director or, in his absence, the Deputy Director). |
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| 26.3 |
No comment is ever to be made out of court to the media concerning a verdict or sentence or the fact that the case might or will be the subject of appeal. |
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| 26.4 |
In the case of Crown appeals the practice is not to release details to the media until the appeal has been filed and served on the respondent. |
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| 26.5 |
Where a prosecutor is requested to comment on policy, such requests should be referred to the Director or, in his absence, the Deputy Director. |
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| 26.6 |
Where a prosecutor is requested to comment on decisions to terminate prosecutions
such requests should be referred to the Director or, in his absence, the Deputy Director. |
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| 26.7 |
If it is considered that something should be done proactively with the media on behalf of the ODPP (for example the issue of a statement of some kind), the matter should be referred to the Director's Chambers. |
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| 26.8 |
Television stations have a legitimate interest in obtaining film of prosecutors for use in reports of cases. Prosecutors may pose for cameras in the office or elsewhere to provide television stations with file footage. |
