There was a 76 per cent pass rate as journalists re-sat their newspaper practice paper.

Here is what the examiners had to say about their efforts.

NEWSPAPER PRACTICE
– 46 candidates;
35 passed – 76 per cent

The overall standard of papers submitted was very good, particularly in relation to the law answers, where candidates had used McNae well, but had shown they were able to apply the information in the book to the legal issue at hand.

Different questions were set for Scottish candidates to reflect the differing legal systems and to allow candidates to be tested on the full range of legal issues that might confront them, rather than those common to both legal systems. This did not seem to have any detrimental effect on the quality of candidates’ answers and is a practice that will continue where appropriate.

The candidates who fared best on the paper this time were those who combined sound legal knowledge with professionalism and imagination when it came to the newspaper practice questions.

Part A - Law

Question 1 required candidates to have a good knowledge of the working of the magistrates’ courts and the law that applies to reports of proceedings there. This includes access to the courts, as well as the legal dangers of a breach of the Magistrates’ Court Act 1980 and the Sexual Offences Act 2003.

Good answers explained how first the candidate would challenge the decision to hold the case behind closed doors, then what could and could not be included in any report of the proceedings.

The defence statement outside court is a common occurrence and candidates needed to identify clearly what was useable and what was not. Declarations of innocence are fine, because that is what any jury in any subsequent trial will be told to assume. Indications that the prosecution case will collapse and a complainant will be charged as a result are not legally safe and should not be used.

Question 2 was primarily concerned with the danger of libelling the chief constable. Criticism of spending by police authorities and indicating it is for the personal uses of a senior police officer has got at least one regional paper into difficulty recently and this question was loosely based on a real situation.

Good answers recognised the clear libel dangers that existed in the first instance, but that a press conference might afford them the protection of qualified privilege.

Candidates also needed to recognise that a leaked report, unlike one issued for publication by the police authority, would not attract a defence of qualified privilege. However, their editor might feel it would help establish a defence of justification, or possibly the Reynolds defence.

Question 1 (Scotland) was concerned with the issue of contempt of court and was clearly based on the case of the Daily Record which was prosecuted, and acquitted, of contempt of court when it reported such a convoy going through Glasgow. This case is key to the relaxation of the previously very stringent regime in Scotland with regard to prejudicial pre-publicity and good answers recognised this situation and even quoted the judges in the case arguing that it could be used.

Part B – Newspaper Practice

This section presents candidates with a selection of scenarios they may face everyday in the newsroom and requires them to write a list of who they would contact, why they would contact them and what they would ask them.

This paper’s questions included scenarios based on: the “cavalier attitude” of some people who use mobility scooters; objections to a plan for a large sports and social club to move from one site to 18 acres of attractive green belt land; and developing a campaign to raise literacy levels.

Those who did less well this time had usually allowed themselves too little time for this part of the paper. It is understandable, given the weight of marks, that candidates will concentrate their efforts on the law question. However, to do so to the virtual exclusion of part b questions makes it very hard to achieve a pass mark.

The markers of the NCE look as hard as they can for ways in which they can award marks to candidates, but it is very difficult for them to do that when a candidate short of time presents them with an answer that is little more than three sentences long.

We congratulate those who passed this time, and for those who did not we hope these remarks will be of some assistance and wish them well in a re-sit.