Contempt Flashcards
What does the strict liability rule mean?
It means that you do not have to have intended to commit an offence - the fact that the offence was committed is enough to prosecute
E.g. speeding
What is the contempt of court act?
The contempt of court act 1981 is designed to protect the integrity of the court.
It means that, under the strict liability rule, it is contempt to publish or broadcast any material which creates substantial risk of serious prejudice or impediment to active legal proceedings.
- strict liability means the prosecution doesn’t have to prove publisher intended to create that risk.
Punishment - unlimited fine and/or 2 years in jail
When are proceedings active ?
When arrest
Warrant
Summons
Or charge is made
What constitutes contempt of court?
Anything suggesting defender is guilty
Previous convictions
Identification of the defendant
As this can create a substantial risk of serious prejudice or impediment to active legal proceedings - breaking strict liability rule in contempt of court act 1981
What could journalists appeal to do get out of contempt of court?
Section 3 of contempt of court act -
Have to prove they took all reasonable efforts to find out if proceedings were active before publishing
What act should journalists follow to prevent contempt?
Section 52A of the Crime and disorder act 1998
- follow the 8 points
Describe the Cole and Bramble contempt of court case study?
2004 - daily star fined 60k for publishing footballers pictures linked to a sexual assault case when their identification had been banned.
They were being questioned over a sexual assault
Name the 8 points under section 52A of the crime and disorder act that journalists CAN report on in preliminary hearings ?
1 name of court and magistrates
2 name age address job of acccused
3 relevant business info e.go how much they stole
4 charge
5 names of counsel engaged in proceedings
6 dates of proceedings
7 if bail was granted
8 if legal aid was granted
What is the fade factor defence? What is the problem with it in the modern world?
Fade factor defence : a potential jury member may forget about a broadcast by the time case reaches court - so they might not be prejudiced !
Problem :
No fade factor for online publications as these are always present
When do proceedings cease to be active?
Case is discontinued
Person is released no charge
No arrest warrant issued within a year
Verdict is reached
Defendant is unfit for trial
When is it defo safe to break active proceedings rule?
When police issue a ‘help’ press release
Attorney general says journalists should have ‘no fear’ in publishing things in these circumstances
What is common law contempt?
Section 20E juries act 1974
It is contempt to breach the confidentiality of juries deliberations
YOU SHOULD NOT INTERVIEW JURORS ABOUT DELIBERATIONS
Reckless intent must be shown
Also shouldn’t take photos in court
Example of someone breaching commmon law contempt of court
2016 - woman sent to prison after posing as court reporter and taking photos of defendant
What is contempt of court act 1981 section 3?
DEFENCE - media must prove they took all reasonable steps to find out if a case is active
What is section 5 of contempt of court act 1981
It is okay to publish article on issues surrounding particular case IN GOOD FAITH but not make reference to it
What is section 9 of contempt of court act 1981? Who broke this?
It is contempt to record court proceedings!
85 year old Norman Scarth was jailed for 6 months for having an audio recording device in his pen !!!
What is section 10 of the contempt of court act ? How does this differ from editors code?
A court cannot order a journalist to reveal source unless
- in interest of national security
- in interest of justice
- if info would prevent disorder or crime
Clause 14 editors code says journos have moral obligation to protect confidential sources
What is section 4 (2) of contempt f court act ?
Don’t report on case unless all linked proceedings have ended (if this creates a substantial risk of prejudice)
Give an example of an injunction and someone that broke it?
Jon venables and Robert Thompson - killed toddler - got new names and location - protected for life.
Tina malone actor broke injunction by revealing his new name . She received 10k fine and 8 month suspended sentence
She said she didn’t know there was an injunction
If a case is not active is there still risk of contempt?
Yes under common law contempt - if cases is pending or imminent you can still get done
