Contempt of Court Flashcards
What Act legislates for being in contempt of court?
Contempt of Court Act 1981
What different types of contempt are there?
Strict liability contempt (under Section 1 of CoCA): Publishing material that risks prejudicing a case, if you realised you were doing it or not (court will decide that). Judged purely on basis of what is published.
Common law contempt: publishing material with the intention of prejudicing an active case. This includes whether you did it deliberately or should have seen that it would prejudice a case. Prosecutions under common law are fewer as prosecution would have to prove publication intended to cause risk.
What does the Contempt of Court Act 1981 say?
“It is illegal to publish material which creates a substantial risk of serious prejudice or impediment to a trial when a case is active”
Contempt is a criminal offence.
When are cases active in a criminal case?
When there is:
- Arrest with or without a warrant
- Someone is charged orally
- Indictment of charges is served
- Summons has been issued
- Someone is released on bail
- Proceedings become active again once an appeal is lodged
When do cases cease to be active?
- Arrested person is released without charge
- No arrest made within 12 months of a warrant being issued
- The case is discontinued
- Defendant is sentenced or acquitted
- Defendant found to be unfit to stand trial or unfit to plead
- Court orders the charge to lie on the file
Cases remain active after sentencing but once the verdict is delivered you are safe to publish prejudicial material. Technically possible to be in contempt if you publish something before verdict given, but less likely as judge less likely to be influenced.
When are civil cases active and inactive?
The case has been set down to trial or the date has been fixed
They are inactive when the case is disposed of, abandoned, discontinued or withdrawn.
What about proceedings in an inquest and appeals and re-trials?
Proceedings in an inquest are active when an inquest is open.
In appeals and re-trials, when an appeal is launched proceedings become active again. But an appeal in a Court of Appeal is heard by a judge so no risk there, but this changes if there’s a new jury.
What about other countries?
Contempt of Court doesn’t apply if a defendant is arrested in another country and extradited.
But rules are stronger in Scotland - must be aware of cross-border publication.
Who implements the Act?
Proceedings initiated by a Crown Court or Higher Court or with consent of Attorney General
What’s the punishment?
An unlimited fine or a jail sentence of up to two years
Why is Contempt of Court Act necessary?
Protects the principle of “innocent until proven guilty”
Journalists could publish information that could prejudice an active case by affecting a jury’s decision, witness’s evidence or witness’s intention to come forward.
How can journalists commit contempt?
- Stating someone committed a crime
- Anticipating a verdict
- Publishing someone’s previous criminal convictions
- Vilifying a suspect as someone likely to have committed a crime i.e. by referring to them as ‘criminal’ ‘murderer’ ‘ robber’ etc.
- Publishing confidential jury deliberations about a verdict
- Vilifying a witness at the trial could deter other witnesses from coming forwards
- Interviewing witnesses before a trial so contaminating their evidence
- Publishing witness statements
- Publishing material in breach of a court order
- Publishing a photo ahead of an ID parade
Court proceedings should generally not be published if a Jury is absent.
What can a journalist publish without risking contempt of court?
‘Common ground’ details between defence and prosecution:
- Name
- Address
- Age
- Occupation
- Facts of the trial or case
Police can appeal to the media for assistance in searching for a wanted person, so publications can publish a photo or description given by the police.
What specific sections of the 1981 Act could journalists be in breach of?
Section 8: Publishing jury deliberations (in Scotland and NI only)
Section 9: Bringing tape recorders into court. You could be jailed or fined for doing this. Also bans any recorded material being played publicly as could prejudice witness giving evidence. Criminal Procedure Rules can grant permission for recording but must be ‘reasonable need’
Section 20D of Juries Act 1974: Contempt to publish how a juror voted in a verdict and what was discussed
What is a Section 11 of the Act?
Where courts grant lifelong anonymity for a victim or defendant. This is to:
- Protect anonymity of victims
- Protect commercially sensitive information
- Protect national security
There must be a ‘real and immediate risk’ to grant a Section 11, i.e. that defendant will be attacked.
