Contempt of Court

Question 1

Balance

Answer 1

Art 6 fair trail
Art 10 freedom of expression

Question 2

Pre 1981

Answer 2

-no statute/possible use of prejudice

Question 3

Violated Art 10

Answer 3

-Sunday Times v UK: injunction on article

Question 4

New Law

Answer 4

Contempt of Court Act 1981

Question 5

s1

Answer 5

does the article threaten a particular case

Question 6

s2(2)

Answer 6

does the article create substantial risk of prejudice to case
-AG v News Group: slight risk of prejudice isn’t enough
-Woodgate v Bowyer: whole court had to be re run due to Sunday mirror

Question 7

s2(3)

Answer 7

written in active period
-criminal is arrest till verdict
-civil is once listed for trail

Question 8

s5

Answer 8

is it written in public interest
-AG v English: doctor allowed deformed baby to die

Question 9

Jury deliberations

Answer 9

-AG v Dellas: internet research
-AG v Fraill and Sewart: Facebook online discussions

Question 10

Unreasonable behaviour in court

Answer 10

-HM solicitors general v Cox: photos of friends sentence out on Facebook

Question 11

Newspaper prejudicing a fair trail

Answer 11

-AG v MGN/Christopher Jefferies: daily mirror and sun
-AG v Associated Newspapers: case was active as jury still deliberating