Contempt of court Flashcards
What’s the purpose of contempt of court?
Punishing those in the way of the law
What’s the punishment?
Two year’s jail and an unlimited fine
What’s the main reason a journalist would be CoC?
Publishing something which creates a substantial risk of serious prejudice to the outcome of a trial
What legislations need to be balanced when deciding to publish a potientially contempt article?
Article 10 (Freedom of expression) with article 6 (right to fair trial)
Who decides if contempt?
Attorney-General. To protect people blaming the media for lost causes
What are the two offences of contempt?
strict liability and intentional contempt
What factors are considered when deciding if CoC?
- likelihood of jury seeing
- likely effect of publication on ordinary reader
- residual impact (most important)
Can you be contempt if it doesn’t cause a risk - but could have?
Yes
What are the 3 defences of CoC?
1) Innocent publication
2) Fair and accurate contemporary reports
3) Discussion of public affairs
What are the 3 reporting restrictions in adult criminal cases?
- Restrictions on hearings which take place before a trial: Info that jury can’t know, anything that would prejudice jury
- Restrictions on rape and sexual assault cases
- Restrictions on pleas in mitigation
In rape and sexual assault cases - what legislation do the restrictions come under?
Section 1 of Sexual Offences Amendment Act 1992
What are the two differences between strict liability contempt and intentional contempt?
In intentional contempt
1) Proceedings must be ‘pending’ or ‘imminent’ rather than active
2) The publisher must intent to prejudice the trial
Is intentional contempt a common law offence?
Yes
When can intention be assumed in intentional contempt?
1) They are aware proceedings are imminent and
2) Aware of the nature of material
