Contempt Of Court Part 3 Flashcards
What case can help you remember COC
Christopher Jefferies case December 2010
Was actually Tabacks
Jefferies blamed because he was renounced for being a bit weird
Splashed out on all papers, Jefferies sued 8 publications
What are crown court judges deemed to be too experienced to be affected by?
Influenced by media coverage
Media generally safe to publish backgrounders after last verdict (still active of course)
Judge can postpone full reporting until after sentencing, but it is very rare
How can proceedings become active again after a conviction
If someone lodges an appeal within 6 weeks
How can a defendant appeal? (3)
New evidence comes to light
Appeal sentence
If judge has misdirected jury on points of law
Are cases still active in appeal process
Yes! But judges that deal with appeals are ve experienced so very unlikely that what you publish will affect their judgement
What happenes it retrial ordered
Case fully active again!
What is Section 3 of COC 1981 say?
It’s a defence for COC
“If at time of publication, having taken all reasonable care, they did not know and had no reason to suspect the case was active” they will not be found guilty of contempt of court
What must reporters have to do to have a defence under section 3?
Reporters must make regular checks with police of status of investigations
Burden of proof is on publisher to prove steps were taken to check whether proceedings were active
What is Section 4 defence of COC 1981
Occasionally media report might create ‘substantial risk of serious prejudice or impediment’ to a letter stage of same case or another case due to be tried
Under 1981 Section 4 a person cannot be found guilty of breaching the strict liability rule in respect of court hearing which is held in publ if and is
1) fair and accurate report on legal proceedings
2) Published contemporarsly
3) In good faith - no malice
Example of Section 4?
Def A charged with Class A drugs offences, tried by jury and acquitted June 2020
Case reported extensively in media
Then charged with further offences and new case is active and trial fixed for Sep 2020
Section 4 will not protect you from republishing what appears in June, if newspaper asks you to remove earlier story, it should do!
Section 5 defence?
A publcuation made as, or as part of a discussion in good faith of public affairs will not be treated as COC under strict liability rule if the risk of impediment or prejudice to legal proceedings is merely incidental to the discussion
Government introduced S5, debates should not be stifled
What should Journos not mention to be safe in relation to S5
When running feature or discussion, don’t mention particular court proceedings
What is Section 4 (2) under COC 1981?
Orders that impose a temporary ban on reporting of cases, names or particular details, made by judges and mags at request of prosecution
How can S4 (2) be used?
Ban publication of detail in relation with to particular matter or witness or whole trial
S4 (2) says court can order postponement of reporting case or part of case where it’s necessary to avoid “substantial risk of prejudice to the administraton of justice in those proceedings” (note not serious prejudice)
How long can S4 (2) be imposed for?
Long as court seems
