Contempt of court

Question 1

contempt law

Answer 1

contempt of court act 1981

Question 2

common law contempt

Answer 2

publishing material which creates a ‘substantial risk of serious prejudice’ to legal proceedings (with intent to create that risk)

Question 3

strict liability contempt

Answer 3

publishing material which creates a ‘substantial risk of serious prejudice’ to active proceedings (motives irrelevant)
- covered by S1 coca 1981

Question 4

when is a criminal case active?

Answer 4

• 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

Question 5

when does a criminal case cease to be active?

Answer 5

• released without charge
• no arrest made within 12 months
• defendant sentenced or acquitted
• defendant found unfit to be tried
• case is discontinued

Question 6

why do appeals have a lower risk of contempt?

Answer 6

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

Question 7

reports of a trial must be…

Answer 7

• fair
• accurate
• contemporaneous

Question 8

prejudicial material

Answer 8

• previous convictions
• suggesting guilt
• suggesting dishonesty/bad character
• connecting the person to the crime
• photos/descriptions of the defendant

Question 9

what is okay to publish during a trial?

Answer 9

• basic details of crime
• name and charge
• basic background of defendant (non-prejudicial)
• tributes, memorials, funerals

Question 10

fade factor

Answer 10

public will likely have forgotten details reported of the crime in its early stages

Question 11

when does a civil case become active?

Answer 11

when a date for hearing/trial is fixed

Question 12

why is there lower risk of contempt in civil cases?

Answer 12

most civil cases don’t have a jury
- however there is risk of influencing possible witnesses

Question 13

section 3 defence

Answer 13

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

Question 14

section 4 defence

Answer 14

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

Question 15

section 5 defence

Answer 15

discussion of public affairs
- general discussion where the subject is the same or similar to the case (must be in good faith)

Question 16

section 4(2) contempt of court act 1981

Answer 16

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

Question 17

section 9 contempt of court act 1981

Answer 17

bans use of audio recording devices in court and broadcasting it to any members of the public

Question 18

criminal justice act 1925

Answer 18

bans journalists from making sketches, taking photos or filming in courts and its precincts