Contempt of court Flashcards
What is Contempt of Court?
Contempt of Court refers to actions that obstruct or interfere with the administration of justice.
What forms can contempt of court take?
Examples include jury deliberations disclosure, unreasonable behavior in court, and media reporting that creates prejudice in a fair trial.
Why was the Contempt of Court Act introduced?
To limit media reporting on ongoing litigation to protect jurors and witnesses from being influenced.
What is the maximum sentence for contempt of court?
The maximum sentence is two years’ imprisonment or a fine.
What significant case involved contempt of court in relation to the Thalidomide campaign?
Sunday Times v UK (1981).
What did the European Court of Human Rights decide in the Sunday Times v UK case?
The ECtHR found that public interest outweighed the need for restriction during ongoing litigation.
What is required to prove contempt of court under the Contempt of Court Act 1981?
A substantial risk of serious prejudice must be shown.
What is the active period for criminal cases under S.2(3) of the Contempt of Court Act?
Active from the time of arrest until a verdict is delivered.
What happens to a case’s status when it concludes?
A case ceases to be active but can be reactivated if an appeal is lodged.
How does Section 2(2) test for contempt of court work?
It assesses whether an article creates a substantial risk of serious prejudice to the trial.
What factors can create substantial risk of serious prejudice according to the Contempt of Court Act 1981?
Factors include the words used, proximity of the article to the trial, and the profile of the person named.
In AG v News Group Newspapers (1987), why was the risk not considered substantial?
The trial was scheduled to take place 10 months after the allegations were published.
What did the case AG v Hislop and Pressdram (1991) conclude?
A gap of 3 months between publication and trial created a substantial risk of serious prejudice.
What was the consequence for the Sunday Mirror in the case involving Woodgate & Bowyer (2001)?
The newspaper had to pay £175,000 for printing prejudicial information, and the court case had to be re-run.
What should be established along with substantial risk under Section 2(2)?
It must also be demonstrated that Section 5 defense does not apply.
What does Section 5 of the Contempt of Court Act address?
It allows for a defense of public interest in contempt cases.
What did AG v English (1985) demonstrate?
That incidental prejudice in reporting can be justified if it serves the public interest.
Who determines whether there will be a prosecution for contempt of court?
The Attorney General.
Why is contempt of court law important?
It balances a person’s right to a fair trial with a journalist’s right to report.
What is the significance of the case involving Tommy Robinson?
He filmed a video outside court, which raised concerns about prejudicing the trial.
When does a civil case become active according to S.2(3)?
A civil case is active once it is listed for trial.
What happens to a media article published outside the active period of litigation?
It will not typically amount to contempt unless it intends to prejudice a further trial.
What is the relationship between contempt of court and freedom of speech?
Contempt of court seeks to protect the administration of justice against risks to free speech.
What is an example of contempt of court affecting jury deliberation?
Disclosing information that may influence jurors during their decision-making process.
