Contempt

Question 1

How to scandalise the court? (2)

Answer 1

Intentionally publish any matter/do any act that:

1) Imputes (attributes) improper motives to, or impugns (calls to questions) the integrity, propriety, or impartiality of any court, AND
2) Poses a risk that public confidence in the administration of justice would be undermined

Question 2

In Scandalising Contempt of Court, D must intend to? (2)`

Answer 2

1) Publish the material

2) Scandalise the court

Question 3

What is fair criticism of a court? (3)

Answer 3

1) A factor that a judge considers when deciding whether a material scandalises
2) Not a formal defence
3) Judge would consider if criticism had rational basis, or is made in good faith (e.g. academic articles)

Question 4

What is SG’s Administration of Justice (Protection) Act (2016)?

Answer 4

Scandalising material poses a risk of undermining public confidence in the administration of justice.

Question 5

How frequently does UK, US and SG courts prosecute for scandalising contempt?

Answer 5

UK: hadn’t prosecuted for decades, abolished in 2013
US: rarely prosecutes, abolished officially in 1941
SG: prosecutes actively, both before and after 2016

Question 6

What are the 6 common kinds of contempt of court, excluding scandalising?

Answer 6

1) disobeying court order
2) unauthorised audio/video recording in court
3) contempt in the face of court: insult/interrupt/obstruct the judge while the judge is in the courtroom
4) Obstruction of justice: interfere/hinder other’s access to court, knowing he is part of court proceedings
5) Intentionally interfere/obstruct/pose risk of interference the administration of justice
6) sub judice

Question 7

What is sub judice? (2)

Answer 7

Intentionally publishing any matter that

1) Prejudges a pending issue in a court proceeding. This prejudices/interferes with/poses a real risk of prejudice to court proceeding, OR
2) otherwise prejudices/interferes with.poses a real risk of prejudice to/interferes with, any pending court proceeding

Question 8

What are 2 defences that can be used against Contempt of Court in SG?

Answer 8

1) Innocent publication/distribution (applied to printers&distributors sometimes before 2016, now only to those who disseminated but had no duty to be responsible & didn’t know about contempt)
2) Privilege: fair & accurate reports of court and parliament proceedings