Contempt of Court

Question 1

What is the key legislation for this topic?

Answer 1

Contempt of Court Act 1981

Question 2

What is the purpose of the act?

Answer 2

to protect the judicial process

Question 3

What are the 2 types of contempt?

Answer 3

Common law contempt

Strict liability contempt

Question 4

What is common law contempt?

Answer 4

Publishing material which creates a substantial risk of serious prejudice to proceedings which are PENDING or IMMINENT

Question 5

What is Strict liability contempt?

Answer 5

Publishing material which creates a substantial risk of serious prejudice or impediment to ACTIVE
proceedings

Question 6

What does strict liability mean?

Answer 6

Your intent is irrelevant- the court decides whether a risk has been created by a publication

Question 7

When is it ok to use photos or descriptions supplied by the police even if the strict liability rule is in place?

Answer 7

If the police are trying to catch a suspect

Question 8

Prosecution for breaching the strict liability rule?

Answer 8

Unlimited fine or maximum 2 years in jail, found in crown court or higher

Question 9

DANGER ZONES: What sort of material will create a risk under strict liability?

Answer 9

• 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

Question 10

When are proceedings active?

Answer 10

Arrest or arrest warrant is issued
Summons is issued 
Oral charge
Accused is served with document specifying charge
When an inquest is open

Question 11

What can you publish when proceedings are active?

Answer 11

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

Question 12

When are proceedings no longer active?

Answer 12

• 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

Question 13

What happens when it is appealed?

Answer 13

Proceedings become active again when an appeal is lodged BUT – it’s very unlikely that a judge could be prejudiced by a report..

Question 14

How do judges interpret strict liability?

Question 15

What is defence section 3 of the 1981 Act?

Answer 15

Not knowing the proceedings were active

- you must prove that you checked properly with police

Question 16

What is defence section 4 of the 1981 act?

Answer 16

Fair, accurate and contemporaneous report of court proceedings published in good faith

Question 17

What is defence section 5 of the 1981 act?

Answer 17

The publication was made in good faith with the matters of the general public interest

Question 18

How can a section 4 defence be successful?

Answer 18

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

Question 19

What 7 pieces of information do automatic restrictions limit reports of preliminary hearings to?

Answer 19

1. Name of court and magistrates name
2. Name, age, home address and occupation of the accused
3. The charge
4. Names of lawyers
5. If proceedings are adjourned
6. Arrangements as to bail
7. Whether legal aid was granted

Question 20

Reporting restrictions: Court orders on temporary bans consist of?

Answer 20

Section 4(2)- postponement order of reporting

• to avoid risk of prejudice
• can be as long as the court deems necessary

Question 21

Reporting restrictions: Court orders on PERMANENT bans consist of?

Answer 21

Section 11- permanent banning order on publication

- to protect e.g. defendant a witness etc.

Question 22

What if a court orders a journalist to reveal a source?

Answer 22

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.

Question 23

What year is Juries Act?

Answer 23

1974

Question 24

What consists of the Juries Act 1974?

Answer 24

Contempt to obtain seek solicit or publish any details of: statements made, opinions, arguments, votes cast

Question 25

Audio recorders- Section 9 of 1981 Act

Answer 25

It is contempt to use or take any audio recorders into court

Question 26

Section 41 Criminal Justice Act 1925

Answer 26

It is illegal to take photos or film in and around court or to publish the photo/drawing

Question 27

what is the fade factor?

Answer 27

the theory that media reports are less likely to affect jurors the further away in time they are when a case is actually heard.

Question 28

Who can prosecute for contempt of court?

Answer 28

A crown court or higher court

Question 29

What is an inquest and when does it become active?

Answer 29

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.