Contempt Of Court Flashcards
When do proceedings become active? (4 things)
1) Someone arrested
2) Someone charged with crime
3) Issued arrest warrant it summons being issued
4) Written charge or notice of prosecution
What act puts an automatic restriction is put in place when a trial becomes active?
Automatic reporting restriction of Contempt of Court Act 1981
What case set a precedent for Contempt of Court?
Sir Cliff Richard Case
What is the automatic reporting restriction and section for criminals when proceedings are active
Section 52a of the Crime and Disorders Act 1998
Where do all criminal cases begin?
Magistrates
If there is a chance a case could go to Crown Court, what must you not do (3 things)
1) Refer to any evidence apart from the charge, must say alleged (S6 of ECHR)
2) Don’t refer to any previous convictions
3) write anything which can cause “substantial risk of serious prejudice”
Why are restrictions in place? (3)
1) Innocent until proven guilty
2) Don’t want any jurors in future trials reading or hearing prejudicial details (like previous convictions)
3) info about previous convictions could confuse jurors and get stuff mixed up etc
What’s prejudicial? (4)
1) Revelations that defendant has already got criminal record
2) Reference to evidence later proved to be false, or which judge ruled inadmissible
3) Any suggestion defendant may be charged with more offences
4) Name the defendant in a bad way, talk negatively about their character etc
What can you write? (10)
Name of courts, Def name, age, home address, charge of summary, Names of lawyers etc, stage in proceedings, bail arrangements, pleads of innocence, adding colour, Reporting restrictions, that defendant has chosen in either-way case trial by jury
When do restrictions not apply? (5)
1) End of trial
2) at courts discretion (ie defendants request to trace witnesses etc)
3) if defendant pleaded guilty and convicted
4) if charges dropped
5) Defendants could change their plea down the line, you can report what was said in prelim hearing
Under the Bail Act 1976, a defendant must be granted bail unless? (4)
1) Court satisfied there are substantial grounds for believing bail is granted
2) He/she will abscond (leave and hide)
3) Obstruct court of justice (disposing evidence or interfering with witnesses)
4) Cause physical or mental injury to an associated person or to themselves
How can court decide if defendant should be held in custody? (4)
1) angry mob or local community after them
2) he/she committed offence of time of bail in previous case
3) already serving prison sentence
4) not sufficient evidence to make a decision
What happens if you breach restrictions?
Unlimited fine
Editor could be jailed
What case did the Sun publish at the Mags, but it went to crown so they got done
Andrew Partington case 2012
What happens in Summary cases and what can you report?
Heard in mags by district judge or mag
Name of mags court, names, ages, addresses, occupations of witness and def, dates, bail arrangements etc.
If def pleads guilty
If def indicates they are going to plead guilty, you can report this as it is regarded as a plea
