Contempt of court Flashcards
contempt law
contempt of court act 1981
common law contempt
publishing material which creates a ‘substantial risk of serious prejudice’ to legal proceedings (with intent to create that risk)
strict liability contempt
publishing material which creates a ‘substantial risk of serious prejudice’ to active proceedings (motives irrelevant)
- covered by S1 coca 1981
when is a criminal case active?
- a person has been arrested
- an arrest warrant is issued
- a summons for arrest is issued
- a person is charged orally
- a document specifying the charge is served
- an appeal is lodged
when does a criminal case cease to be active?
- released without charge
- no arrest made within 12 months
- defendant sentenced or acquitted
- defendant found unfit to be tried
- case is discontinued
why do appeals have a lower risk of contempt?
although the case becomes active again, jurors rarely hear appeals so there is less risk of prejudice/influencing a jury
- unless there is a retrial
reports of a trial must be…
- fair
- accurate
- contemporaneous
prejudicial material
- previous convictions
- suggesting guilt
- suggesting dishonesty/bad character
- connecting the person to the crime
- photos/descriptions of the defendant
what is okay to publish during a trial?
- basic details of crime
- name and charge
- basic background of defendant (non-prejudicial)
- tributes, memorials, funerals
fade factor
public will likely have forgotten details reported of the crime in its early stages
when does a civil case become active?
when a date for hearing/trial is fixed
why is there lower risk of contempt in civil cases?
most civil cases don’t have a jury
- however there is risk of influencing possible witnesses
section 3 defence
innocent publication
- after taking all reasonable case, the publisher did not know and had no reason to suspect that the case was active at the time
section 4 defence
fair and accurate reporting
- cannot be in breach of strict liability contempt if the report is fair and accurate, in good faith, and contemporaneous with proceedings
section 5 defence
discussion of public affairs
- general discussion where the subject is the same or similar to the case (must be in good faith)
- prejudice is merely incidental
section 4(2) contempt of court act 1981
gives courts power to postpone publication of reports of a hearing or trail
- usually if connected trials or possibility of later influencing other trials/juries
section 9 contempt of court act 1981
bans use of audio recording devices in court and broadcasting it to any members of the public
Section 41 criminal justice act 1925
bans journalists from making sketches, taking photos or filming in courtroom, before the court and in its precincts
