Contempt of Court Act 1981 Flashcards
Section 1 - material creates
Publication of material which creates a substantial risk of serious prejudice or impediment to an active case
Cases are ACTIVE when
Warrant for arrest, a person is arrested, a summons is issued, a person is charged orally, a document specifying the charge is served on the accused
Section 3 -Media didn’t know
The media did not know/had to no reason to think that at the time of publication the case was active.
Section 5 - published discussion
A published discussion in good faith of public affairs where the risk of prejudice is merely incidental to the discussion
Section 4 - cannot be found guilty
A person cannot be found guilty of contempt if a fair and accurate report of the hearing is published, it was published contemporaneously and in good faith.
Section 9
It is contempt to use or take into court for use any audio-recorder (except without the court’s permission) and to broadcast any such recordings.