contempt of court Flashcards
Describe the two forms of contempt of court ?
Statutory contempt of court and Common Law contempt of court
Give four examples of contempt of court ?
1.Anticipating the course of the trial or predicting the outcome
2.Filming or recording within court buildings
3.Revealing the identity of a child or witness under protection
4. Publishing confidential trial information or documents
What is Contempt of Court?
The Contempt of Court Act 1981 protects the integrity of the administration of justice and the principle that a defendant is presumed innocent until proven guilty.
This act establishes the legal framework for what constitutes contempt and its implications for legal proceedings.
How does Contempt of Court impact journalists?
It determines what they can publish.
Journalists must navigate legal boundaries to avoid contempt.
What must journalists ensure regarding their work and the course of justice?
They must ensure their work does not impede the course of justice.
This includes avoiding any actions that could influence legal outcomes.
What risk must journalists avoid to comply with Contempt of Court?
They must not create a substantial risk of serious prejudice to legal proceedings.
Serious prejudice refers to any action that could negatively affect the fairness of a trial.
What does the law prohibit regarding media coverage in legal proceedings?
The law bans the media from publishing or broadcasting anything that might seriously prejudice active legal proceedings, particularly criminal proceedings heard before juries.
This is to ensure the integrity of the jury’s decision-making process.
Why is there a concern about jurors being influenced?
There is a concern that a juror might hear or see something outside of the courtroom that might improperly sway them when deciding the innocence or guilt of the accused person.
This concern highlights the importance of a fair trial and the unbiased nature of jury decisions.
What is the punishment?
A prison sentence. This is for a fixed term of two years although the court retains the power to order discharge at an earlier date. A fine, This may be imposed as well as imprisonment or as an alternative. There is no statutory limit as the extent of the fine. Both the reporter and the editor can be fined.
