Contempt of Court Flashcards
What act is contempt of court guidelines in?
Contempt of Court Act 1981
Define Contempt of court
Behaviour which might affect court proceedings
Why have a law of contempt?
Balance between a person’s A6, and a journalists A10
S1 Contempt of Court Act 1981
Does article interfere with proceedings?
S2(3)Contempt of Court Act 1981
Was article written in active period?
Civil and criminal active periods
Criminal-active from time of arrest
Civil-active once listed for trial
If written during active time, then can be prejudice and held in contempt
S2(2) CoC
Does article create a substantial risk of prejudice? Can be from pictures, words etc
AG v News Group Newspapers
Case for S2(2):allegations made about cricketer. injunction denied as court date was set 10 months away, so no substantial risk of jury being prejudiced
Woodgate and Bowyer
S2(2) Case-Sunday Mirror fined for printing info that affected the trial, so had to be re-run
How can prejudice and seriousness be established? 4
Article sways in jury against/in favour of defendant
Article can affect outcome
Proximity of time
Extent of public concern of trial
S5 CoC
Public interest defence
Public interest defence
allows publication regarding general matters of public interest in good faith, if risk of prejudice is merely incidental
Public Interest defence case
AG v English-newspaper published article criticising doctors letting deformed babies die, during trial of a doctor being prosecuted for manslaughter in those circumstances, only incidental prejudice
What will S5 not protect?
Publications that directly relate to ongoing trials, and criticise witnesses/defendants, with inadmissable evidence or encourage a particular outcome
S3
Defence of innocent publication
Not guilty if taken all reasonable care and does not know that relevant proceedings are active
