Contempt of Court Flashcards
What is contempt?
- Insulting the judicial process
- Defying the rules of the court
- Interfering with jurors
- Impeding or prejudicing the course of justice
How can a journalist can be in contempt under Strict Reliability? (regardless of intent)
Only if the story concerned creates a SUBSTANTIAL risk if SERIOUS prejudice or impediment to proceedings (and the proceedings are ACTIVE)
When are proceedings active?
- Arrest made
- Charge brought
- Warrant for arrest issued
- Summons to court issued
What is the contempt test?
TIME- know the average time between charge and trial
PROXIMITY- is trial outside of circulation area
PROMINENCE- how was the article presented
TRIAL- jurors advised by judge to consider only evidence in court
What are some of the dangers of content?
- Publishing the previous convictions
- Stories during or close to trial
- Words like ‘alleged’ and ‘accused’ is necessary
What should happen to online prejudicial material?
Removed or blocked whilst proceedings are active
What does Sec 4 of the Contempt of Court Act do?
- Provides a defence against contempt in court reporting
- Reports must be:
- Fair
- Accurate
- Contemporaneous (published ASAP)
- In good faith
What are Sec 4 orders?
- Judge can prevent reporting of prejudicial details revealed in court by imposing Sec 4 Order
- For prejudicial details revealed while jury is out of the room- and details which might prejudice material
- Essentially says you must not report certain things revealed in court, which is decided by judge, to not be in contempt of court
What is the effect of Sec 4 orders?
- Publication is postponed for as long as is necessary to avoid prejudice
- When the order is lifted you can report material in full as if it were contemporaneous
- It’s a postponement order to avoid prejudice for as long as possible
What is the defence of Sec 3 of the Contempt of Court Act?
• “If at time of publication, all reasonable care taken and the editor didn’t know or suspect proceedings were active.”
- Reporters must check right up to deadline
- Note time and name of officer
- If you kept it up but proceedings were under way, but you’d checked, you would have a defence
What is Sec 5 of the Contempt of Court Act 1981?
- Protection for stories and features
- “If it is a discussion in good faith of public affairs, as long as risk of prejudice to an individual case in incidental to the wider discussion.”
- Gives us a defence for stories and features about general topics that happen to be in the middle of a trial
What can you report once proceedings are active?
- That a crime has been committed
- That someone has been arrested/charged
- Arrested on suspicion of…/() has been charged with
- A photo of the person charged
- The name/identity of the person charged
- “Common ground” material
- ID of victim (unless sexual offence)
What can’t you report once proceedings are active?
- Anythings suggesting guilt (use examples in answer)
- Descriptions issued before proceedings were active
- Picture or e-fit issued before proceedings were active
- Any other prejudicial material published prior to arrest or charge
When do proceedings cease to be active?
- Arrested person released without charge
- No arrest in 12 months of warrant
- Case continued
- Defendant unfit to face trial or plead
- Court orders charge to lie on file
Where are appeals lodged?
Crown Court of QBD
