Contempt of Court

Question 1

What does the CoCA ban publication of?

Answer 1

Anything with a substantial risk of seriously impeding or prejudicing proceedings that are active.

Question 2

When do proceedings become active

Answer 2

From arrest to verdict. Or from when an appeal is lodged.

Question 3

Why does CoCA ban publication of details

Answer 3

In order to protect a trial’s fairness as reports may influence juror’s decisions or affect witness’ testimonies.

Question 4

Information likely to cause impediment or prejudice in active proceedings.

Answer 4

Reference to previous convictions.
Information suggesting they are of bad or dishonest character.
Evidence seeming to link them directly to the crime of which they are alleged.
Any other suggestion that they are guilty.

Question 5

Police appeals and contempt

Answer 5

Attorney General’s Guarantee - “The press have nothing whatever to fear from publishing in reasoned terms anything which may assist in the apprehension of a wanted man.”

Question 6

Section 3 of the CoCA

Answer 6

The person responsible for the publication, having taken all reasonable care, did not know and had no reason to suspect when the material was published that the relevant proceedings were active.

Question 7

Section 5 of the CoCA

Answer 7

Publications made, or as part of, a discussion in good faith of public affairs will not be treated as contempt if the risk of impediment or prejudice is merely incidental