Contempt of Court Flashcards
What is the key legislation for this topic?
Contempt of Court Act 1981
What is the purpose of the act?
to protect the judicial process
What are the 2 types of contempt?
Common law contempt
Strict liability contempt
What is common law contempt?
Publishing material which creates a substantial risk of serious prejudice to proceedings which are PENDING or IMMINENT
What is Strict liability contempt?
Publishing material which creates a substantial risk of serious prejudice or impediment to ACTIVE
proceedings
What does strict liability mean?
Your intent is irrelevant- the court decides whether a risk has been created by a publication
When is it ok to use photos or descriptions supplied by the police even if the strict liability rule is in place?
If the police are trying to catch a suspect
Prosecution for breaching the strict liability rule?
Unlimited fine or maximum 2 years in jail, found in crown court or higher
DANGER ZONES: What sort of material will create a risk under strict liability?
- Reference to previous convictions
- Suggestions that the defendant is dishonest or of bad character e.g. guilty
- Evidence linking defendant to crime
- A witness’ detailed account
- A picture if defendant has an issue with identity
When are proceedings active?
Arrest or arrest warrant is issued Summons is issued Oral charge Accused is served with document specifying charge When an inquest is open
What can you publish when proceedings are active?
Basic information about the crime e.g. time, nature, location
Fact of an arrest e.g. a man was arrested
Name of arrested person or victim if there are no exclusions
Common ground facts between defence and prosecution
When are proceedings no longer active?
- The defendant is acquitted or sentenced
- The defendant is found unfit for trial or to plea
- Arrested person is released without charge, but not if under investigation or on bail
- No arrest has been made in 12 months of warrant
What happens when it is appealed?
Proceedings become active again when an appeal is lodged BUT – it’s very unlikely that a judge could be prejudiced by a report..
How do judges interpret strict liability?
What is defence section 3 of the 1981 Act?
Not knowing the proceedings were active
- you must prove that you checked properly with police
What is defence section 4 of the 1981 act?
Fair, accurate and contemporaneous report of court proceedings published in good faith
What is defence section 5 of the 1981 act?
The publication was made in good faith with the matters of the general public interest
How can a section 4 defence be successful?
By observing all automatic reporting restrictions: Preliminary hearings in summary cases, Preliminary hearings in either-way or indicitable cases and everything from the contempt of court act 1981
What 7 pieces of information do automatic restrictions limit reports of preliminary hearings to?
- Name of court and magistrates name
- Name, age, home address and occupation of the accused
- The charge
- Names of lawyers
- If proceedings are adjourned
- Arrangements as to bail
- Whether legal aid was granted
Reporting restrictions: Court orders on temporary bans consist of?
Section 4(2)- postponement order of reporting
- to avoid risk of prejudice
- can be as long as the court deems necessary
Reporting restrictions: Court orders on PERMANENT bans consist of?
Section 11- permanent banning order on publication
- to protect e.g. defendant a witness etc.
What if a court orders a journalist to reveal a source?
the fundamental law of journalism is to never reveal a source if it was confidential (editors code clause 14)
Section 10 of act 1981- SHIELD LAW, no court may require a person to disclose a source unless in interests of justice, national security or to prevent a crime.
What year is Juries Act?
1974
What consists of the Juries Act 1974?
Contempt to obtain seek solicit or publish any details of: statements made, opinions, arguments, votes cast
Audio recorders- Section 9 of 1981 Act
It is contempt to use or take any audio recorders into court
Section 41 Criminal Justice Act 1925
It is illegal to take photos or film in and around court or to publish the photo/drawing
what is the fade factor?
the theory that media reports are less likely to affect jurors the further away in time they are when a case is actually heard.
Who can prosecute for contempt of court?
A crown court or higher court
What is an inquest and when does it become active?
an official examination of facts in an attempt to discover the cause of something, esp. of a sudden or violent death. It is active when the inquest has been opened.
