Media comment Flashcards
What is the rationale for the BCR rules regarding comments in the media? and what do the rules do?
One rationale is to prevent barristers from arguing their case in the court of public opinion or the media. This has potential to diminish confidence in the legal profession. The rules limits the publication of material, evidence and exhibits admitted in open court.
What are the non permitted media publications? (Hint 4 sub rules)
r 75 a barrister must not publish or take steps towards the publication of any material concerning any proceeding which-
(a) is known to the barrister to be inadequate;
(b) disclosures any confidential information; or
(b) appears to or does express an opinion of the barrister on the merits of the current case or potential proceeding other than in the course of genuine academic discussion
What are the permitted media publications?
Hint (a) (four subsections) and (b)(four subsections)
r 76 (a) limited responses to unsolicited questions about current proceeding confined to names of parties, witnesses called, nature of the issues, orders made, reasons given by court, and clients intentions as to further steps in the case
(b) where it is not contrary to legislation, supply copies of pleadings, affidavits filed and already before open court, transcripts of evidence in open court etc basically materials already in open court (Re Keim)
Can a barrister advise clients re media comment ?
r 77 (a) may advise if requested dealings with the media but not in a manner which is calculated to interfere with admin of justice and
(b) advising a client about a published report relating to the case and who ha sought advice about the report that the client may take appropriate steps to present the clients own position for publication.
r 76(a) A barrister may supply answers to unsolicited questions concerning a current proceeding provided that the answers are limited to the following information:- (hint 4)
r76 a barrister may supply answers to unsolicited questions so long as the information is confined to
(a) the names of parties or witness ALREADY called;
(b) the nature of the issues
(c) the nature of orders/judgements and any reasons given by the court
(d) the intentions of the client for nay further steps
r 76(b) What type of material may the barrister publish at the request of the client, instructing solicitor, or in response to unsolicited questions (where it is not contrary to law)?
(i) copies of pleadings filed and served;
(ii) copies of affidavits or witness statements which have tendered in evidence in open court;
(iii) copies of transcripts of evidence given in open court;
(iv) copies of exhibits admitted in open court without restriction on access.
