Contempt Of Court Flashcards
What is the point of the contempt laws?
To prevent potential jurors from being prejudiced because of what has been published in the media before or during a trial.
What 2 laws is contempt governed by?
- Contempt of Court act 1981
2. Common Law Contempt
What are the contempt laws known as?
Strict Liability Rule
When do they come into action?
The contempt laws come into action when the ‘initial step’ has been taken
What can the initial step be in contempt to make proceedings active?
i) Arrested
ii) Charged
iii) A warrant issued for arrest
iv) Summonsed to appear in court
What are the conditions which mean that somebody has committed contempt?
If a publication causes ‘substantial risk of serious prejudice or impediment to particular proceedings which are active’ it has committed contempt.
If a person is helping police with proceedings, does this mean that proceedings are active and therefore contempt applies?
NO, because the initial step may not have been taken to make proceedings active.
If somebody says that they can’t answer you because it is ‘sub-judice’ is this justified?
No, because this phrase doesn’t mean anything, proceedings could be active, but by the same token, they might not be.
What is there particular danger in revealing in contempt?
There is particular danger in reporting that somebody has a previous conviction because a jury would find this very hard to forget.
When does contempt of court cease to be active?
i) Arrested person released without charge
ii) No arrest made within 12 months of the warrant
iii) Case is discontinued
iv) Defendant acquitted or sentenced
v) Defendant found unfit to be tried, or unfit to plead or the court orders the charge to lie on the file
What defence is the one which involves the Attorney General?
The Attorney General said that the media ‘has nothing to fear from publishing, in reasoned terms, a police appeal for help’.
What is a section 3 defence?
Having taken all reasonable care, he did not know, and had no reason to suspect that proceedings in this particular case were active
What is a section 5 defence?
Discussion of ongoing public affairs as long as the risk of prejudice to a particular case is merely incidental to the wider discussion.
When do proceedings become active in Civil Cases?
Proceedings become active when the case is sent down for trial.
What does common law contempt cover?
The time before the initial step is taken but when a trial could plainly be seen to be imminent or pending.
