Contempt Of Court Part 2 Flashcards
Who are contempt proceedings brought by?
The Attorney General
Shells Braverman MP is current AG
In high profile cases what do Attorney generals do?
Tweet warning people to be careful what they publish on SM
What does the strict liability rule apply to?
1) Broadcasts as well as written or printed material
2) Anything said in a speech play or concert
3) Any other communication (ie Facebook)
4) Under Act, issue is not whether you intended to affect outcome of case, it’s whether you did or not.
What is the key phrase you need to learn?
A substantial risk of serious prejudice or impediment
What should you avoid publishing about witnesses
Then going into extreme details, as they may be worried to change their evidence down the line
Are you aloud to publish verbal descriptions, photographs or sketches of def?
No, could become prejudicial at trial
What do you have to be particularly careful with when writing story?
The headlines! Ex if you put murder and then they are charged with manslaughter that’s bad
What is impediment?
Anything that discourages witnesses from coming forward - for ex “only fool would give evidence against criminal gang”.
Unfairly suggesting someone is something when they have not been charged (Chris Jefferies case, saying he was a pervert) - this would deter witnesses coming forward in there defence etc
What can you publish?
That someone has been arrested on suspicion of xxx
Undisputed facts (someone died etc)
Official info supplied by police
Police appeals for witnesses or info about crime
Tributes from friends and family
Injuries suffered by victim
Def name And alleged victim
Extent of injuries etc
What is the fade factor?
Relates between time of arrest and when trial starts
Some trials can take 18 months to get underway
Jurors may not remember details of publicity they read when crime was committed
Some types of info will be indefinitely lodged into people’s mind so a publication will rarely be protected by fade factor
How do editors decide on fade factor!
Experienced news editors make judgement calls
Normally consult with media lawyers first to decide if it’s safe
Fade factor connot be used where there is impediment
When does a case cease to be active?
Arrested person released without charge
No arrest made within 12 months of arrest warrant issued
Case discontinued, defendant acquitted or sentenced
Found unfit to be tried or unfit to plead
What do media organisations risk between conviction and sentencing?
Proceedings are still active in this period although being done for contempt purposes is fairly small
CC judges are regarded as being too interleftual to be affected by media reporting
I’m Mags greater chance because most of magistrates are not legal experts and could be affected by prejudicial publication
