Contempt Of Court Part 1 Flashcards
What did Mike Dodd and Mark Hanna day about contempt of court?
The law of contempt protects the integrity of the administration of justice
What are the two types of contempt and what do they say?
1) Common Contempt - relates to how someone behaves in court room
2) Strict Liability contempt - when something published creates a substantial risk of serious prejudice or impediment to proceedings irrespective of intent
What is common law contempt? (2)
Show disrespect in court room
Try to improperly influence outcome of the case (threatening or intimidating etc)
What is it like in court?
Very serious environment, expected to dress and behave in particular way
Respectful quite, obey judge and mags
If you don’t could find yourself in cells
What is an example of a common contempt case?
Keith Ann was spared jail for his criminal offence but then jailed for 6 months after threatening boss of an animal testing lab
Teenager farting in court
Under Article 6 of ECHR 1998 everyone has right to a fair trial, what does that means? (4)
Fair
Public
Heard by an independent and impartial court or tribunal
Heard within a reasonable time
What does strict liability contempt aim to do? (4)
Protests jury trials
Aims to prevent ‘trial by media’
Ensures trial is fair
Prevents jurors from being exposed to prejudicial information which could lead to them unfairly convicting a defendant
What case can help your remember paper being fined 10k for contempt of court?
Acid Bath murderer
John Haigh killed 9, disposed of bodies in sulphuric acid
DMirror fined 10k after editor Sylvester Bolam published story saying Haigh was a ‘vampire killer’ before trial. Said he was responsible for at least 5 killings
Lord Goddard said story was a disgrace to English Journalism
What is the contempt of court act?
Contempt of court Act 1981
What does the Contempt of Court Act 1981 say?
Guards against publication of material from the media which creates a ‘substantial risk of serious prejudice’ to proceedings which are active
Strict liability offence, liable even if you meant prejudice or not
If found guilty editors can face 2 years in prison or an unlimited fine
What must you as a journalist do with the case?
Keep checking to see if case is active ie an arrest has been made or someone has been charged etc
What can you not publish?
Material or allegations about suspects or defendants background or character
No allegations that he/she committed other crimes
No suggestion they are a liar
Previous convictions
Bad character
Never assume someone is guilty!
What case can help you remember the paper that got done for contempt for a picture shown on paper?
Ryan Ward Case
2011
Trial for murder at Sheff Crown
DM and Sun published picture of Ward holding gun before trial finished on their websites
Each paper fined 15k
First contempt for online publication
