Contempt Of Court Part 4 Flashcards
How can a Section 4(2) not be used by court (2)
To give someone anonymity to protect reputation or safety
It can also not be used to put a permanent ban on reporting
Court has power to postpone part of it, to avoid substantial risk of prejudice of another case
What case was a section 4 (2) made?
Rose and Fred West Case
Couple accused of sexually abusing and killing children
Fred committed suicide before trial, Rose went on trial and was found guilty.
Fred’s brother also charged with offences so dealt with in sererate trail
Judge in Rose west case made S4 (2) banning publication or John West during her trial
Can reporters report legal arguments or discussions taking place between judges and council when jury are out the room?
Yes, but not until trial is finsihed as the jury were not in the room
What is a section 11?
Court bans name/matter in proceedings
Then if someone accidentally says it in court S11 order bans publication of that
In what sort of cases will S11 be used in?
Cases of national security
Cases involving secret or commercial process (for example McDonald’s BigMax recipe)
When is a S11 invalid?
S11 cannot be used if there has been no previous decision by the court to stop the name or matter being mentioned in open court
Must not be used for comfort and feelings of defendants
When can a S11 be granted to police officers
Sometimes police charged with criminal offences often request their addresses are not made public
S11 can only be made in this situation if there is a “real and immediate threat l” to their safety - must be very good reason to depart from principle of open justice
Can you publish picture or warn public the suspect may be armed if a warrant for an arrest has been obtained
Yes you can, but once suspect is arrested, take it down!
