Contempt of court Flashcards
What is the Contempt of court act 1981?
Section one is contempt by publication a strict liability offence in the case of an active criminal or civil proceedings:
The act makes it contempt to publish material which creates a substantial risk of serious prejudice or impediment to active legal proceedings.
The act defines any publication as any speech, writing, broadcast or other communication addressed to any section of the public.
Breaching the act is punishable by an unlimited fine or max of 2 years jail time.
The strict liability rule only applies to active proceedings.
When does a case become active?
When a person is arrested, a warrant is issued, summons is issued, charged orally, charge is served on the accused.
When does a case cease to be active?
It is released without charge, no arrest is made within 12 months, the case is discontinued, the defendant is acquitted/sentenced/unfit to be tried/plead
Section 3 defence 1981 act:
The person responsible for the publication have taken all reasonable care, did not know and had no reason to suspect when the material was published that the relevant proceedings were active.
The person accused must prove they took all reasonable care. Journalists should check with all relevant authorities along the way.
What happens with assisting police?
Sometimes after obtaining a warrant the Police seek the medias help and provide a picture. This breaks the 1981 act.
The attorney general said: “The press has nothing whatever to fear from publishing in reasoned terms anything which may assist in the apprehension of a warranted man and I hope it will continue this public service.
What are the types of contempt?
Common law - proceedings which are pending.
Strict Liability - active proceedings.
What is section 9 of the 1981 act?
Bans audio recording devices being taken into courts. Recordings made in the public gallery by defendants associates could be used to intimidate or humiliate a prosecution whiteness or assist in collision.
Broadcast any audio recordings of court proceedings or play any of the hearing of it in public.
Make any unauthorised use of recordings after permission has been given.
Danger of evidence being broadcast could increase strain on witnesses.
What happens when publishing material in an active civil case?
Under the strict liability rule:
Civil proceedings are deemed from the time and date of a trial is fixed.
A civil case ceases to be active when it is disposed of, abandoned or discontinued or withdrawn.
There is less risk of prejudice as they are tried by a single judge alone.
Whiteness could be influenced.
What is section 20D of the Juries act 1974?
The confidentiality of the jury deliberations in civil and criminal proceedings and the protection of coroners justice act 2009 of the confidentiality of inquest jury deliberations. No one should seek or disclose: Any particulars of statements made. Opinions expressed Arguments advanced Votes cast In course of juries deliberations.
Section 5 of the 1981 act:
A publication made as or part of a discussion in good faith or public affairs will not be treated as contempt of court under the strict liability rule if risk or impediment or prejudice to particular legal proceedings is merely incidental to the discussion.
Criminal justice act 1925 section 41:
It is illegal to take photos or footage.
Make any portrait or sketch.
Publish such a photo or a sketch.
Of any person within or entering or leaving the precincts. which is not defined and causes political difficulties.
Section 4 contempt of court act 1981:
Under section 4 of the act no one can be found guilty under strict liability law for publishing a fair and accurate of judicial proceedings held in public published contemporaneously and in good faith.
Section 4(2) 1981 act:
Can postpone the reporting of a case where it appears necessary for avoiding substantial risk of prejudice to the administration of justice in those proceedings or in any other pending or imminent and the postponement can last for as long as the court thinks is necessary.
Section 11 1981 act:
There must be real immediate risk to someone safety to justify such anonymity.
If the court has already allowed the defendants name and address to be mentioned in its public proceedings use of section 11 to ban the media from publishing such material is invalid. This is stated by the high courts.
