Contempt of Court Flashcards
Which court do most criminal cases go to?
Magistrates Court
Which court do more serious cases go to
Crown Court
Which Court do juveniles go to
Youth Court except in very serious cases or when there is an adult co-accused
What does the High Court deal with?
Appeals from Magistrates and Crown courts on points of law
What is the maximum sentence Magistrates Court can give you
12 months
Can Juveniles be intentified
No
Where do most civil cases go?
County Court
Where do more serious/complex cases and defamation cases go?
High Court
In which cases is there trial by jury in civil court
Fraud - jurors will think differently to a judge. False imprisonment - for reasons of independent decisio. Malicious imprisonment - for reasons of independent decision
Can you comment on an active criminal case
No
When is a case active
When an arrest is made without a warrant, someone is charged orally or an indictment of charges is served
Should you campaign for someone to be guilty or innocent
No
If proceedings become active, should you publish anything that creates a substantial risk of serious prejudice
no
Should you state that the person who was arrested was the one who committed the crime
No
Should you publish a photo or photo-fit or detailed description if ID is an issue and there is going to be an ID parade
No
Should you use the word ‘murder’ whilst proceedings are active
No because it could be manslaughter or an accident
Should you use detailed witness statements
No
Should you report previous convictions
no
Should you anticipate or influence the verdict
No
Should you include background material/lifestyle
No
Is it a crime for jurors to do online research
Yes
Which “common ground” matters can you report in a crime report
Non-prejudicial information such as name, age, address of the victim, where and when the alleged offence took place or body was found and the fact that someone has been arrested and the name and address of the person arrested
When do cases cease to be active
Arrested person is released without charge unless on police bail, no arrest is made within 12 months of an arrest warrant being issued, the case is being discontinued, the defendant is sentenced or acquitted, defendant is found to be unfit to stand trial or unfit to plead, court orders the charge to lie on the file (no verdict)
What year was the Contempt of Court Act
1981
When does Contempt of Court apply?
When a publication carries a substantial risk of serious prejudice to a trial when a case is active
What are the defences for Contempt of Court
Section 3 of the Contempt of Court Act 1981 - defence of not knowing proceedings were active but you have to have pressed for clarification on whether proceedings are active.
Section 5 of the Contempt of Court Act 1981 - defence of it being a discussion of public affairs - can discuss the issue but not specific cases.
What did the Attorney General in Parliament say in 1981
Media would not be prosecuted for helping police trace a wanted person, if the report is in reasoned terms
What is section 9 of the Contempt of Court Act 1981
You can not take audio recording devices in to court
