contempt

Question 1

Whats the first principle of law?

Answer 1

an accused person is innocent until proven guilty

Question 2

whats the second principle of law?

Answer 2

an accused person is entitled to a fair and impartial trial

Question 3

what are the two forms of contempt of court?

Answer 3

Statutory
Contempt of Court

Common Law
Contempt of Court

Question 4

What are some examples of contempt of court?

Answer 4

Obtaining or publishing details of jury deliberations

Filming or recording within court buildings

Publishing information obtained from confidential court documents

Reporting on an accused’s previous convictions

Reporting on court proceedings in breach of a court order or reporting restriction

Anticipating the course of a trial or predicting the outcome

Revealing the identity of child defendants, witnesses or victims

Question 5

when are criminal proceedings defined as “active” in scotland?

Answer 5

when an arrest warrant is issued.

a person is arrested.

a person is charges orally, or a document specifying the charge is served on the accused

Question 6

when do proceedings cease to be active in scotland?

Answer 6

Arrested person is released without being charged.

No arrest is made within 12 months of the issue of an arrest warrant.

The case is discontinued/dropped.

The defendant is acquitted or sentenced.

The defendant is found to be unfit for trial or unfit to plead.

Question 7

explain the strict liability rule.

Answer 7

The Strict Liability Rule will only apply if 3 conditions are fulfilled.

1. The strict liability only applies in relation to a publication. For the purposes of the Act a publication includes any speech, writing, broadcast or other communication in whatever form which is addressed to the public at large or any section of the public.
2. The Strict Liability Rule only applies to a publication which creates a substantial risk (eg date & place) that the course of justice in the proceedings in question will be seriously impeded or prejudiced.
3. The Strict Liability Rule will only apply to publication of the proceedings in question are active, within the meaning of the Act.

Question 8

what are the responsibilities of a court reporter?

Answer 8

to provide a fair and contemporary account of court proceedings in open court

Question 9

describe the basic rules for court reporting

Answer 9

if the accused is named they must be “identified beyond reasonable doubt”. their name and address are usually given but not flat or house number. sometimes their age and occupation is given.

the plea must be presented clearly.

allegations that are being reported must have been made in court, and this must be made clear.

Court reports must be balanced as far as possible. For example if the prosecuting case is reported in full then the main line of defense should be reported in full.

f the report comes midway through a case, this must be made clear. Such reports usually end with a comment such as ‘The case continues…’.

Note too that the use of tape recorders by radio reporters is, as a rule, forbidden and that is also an offence to take photographs, for any reason, in the court precincts, of people connected with the proceedings.

However, courtroom artists produce sketches, which have often become the defining images of a trial. Artists are not allowed to draw in court but go to an outside room to produce sketches from memory and their notes.

Question 10

describe two defences under the contempt of court act

Answer 10

Innocent publication.

Public interest.

Fair and accurate reporting.