Media Law chapter 2 - Contempt of Court Flashcards
What is the contempt of court act?
Contempt of Court Act 1981.
* A “strict liability” criminal offence. Your intention does not matter.
what must the prosecution prove in contempt of court?
Prosecution must prove (to criminal standard) what you published created, or
had the potential to create, a “substantial risk of serious prejudice or
impediment” to a trial when a case is active.
what does the case have to be for contempt to apply?
active proceedings
what year was the act made
1981
what must prosecution prove?
Prosecution must prove (to criminal standard) what you published created, or
had the potential to create, a “substantial risk of serious prejudice or
impediment” to a trial when a case is active.
what are examples of information that could mean proceedings are active and you are in contempt of court?
publishing photos or detailed descriptions, saying the person arrested has comitted the crime, using the word “murder”, using detailed witness statements, previous convictions;
* anticipating or influencing the verdict; or
* background material/lifestyle.
are outside opinions and comments allowed?
no
what can’t you publish?
previous convictions;
* anticipating or influencing the verdict; or
* background material/lifestyle.
what is the fade factor?
The theory that media reports are less likely to affect
jurors the further away in time they are when a case is
actually heard.
what makes a case non active?
Arrested person is released without charge
No arrest is made within 12 months of an arrest
warrant being issued
The case is discontinued
The defendant is sentenced or acquitted Defendant is found to be unfit to stand trial or
unfit to plead
Court orders the charge to lie on the file
Contempt of court act 1981 section 1:
Prosecution does not have to prove whether they
intended to create a risk. judged purely on the
actual or potential effect of published material
what is worrying about creating a risk of prejudice?
- Reporting restrictions – prevent prejudice implies Previous convictions, bad character
- If a witness account was published: witness might feel
obliged to stick to the published story - Evidence could have been ruled inadmissible so not
heard in court – jurors could be influenced
how must you report during proceedings to avoid contempt?
report
proceedings contemporaneously.
section 3 defence - what is it?
reasonable care taken to not knowing proceedinsg were active, alling for regular updates and making sure all is done to prevent misinformation at time of publication
what does the burden of proof cover?
You need to make regular checks
▶ Note when and where checks were made
▶ Who did you speak to?
▶ E-mail?
▶ Burden of proof is on YOU
what is the section 5 defence and outline it
public affairs - You need to make regular checks
- Note when and where checks were made
- Who did you speak to?
- E-mail?
- Burden of proof is on YOU
what is the section 4 of the act? (two parts)
S.4(1) - Covers fair, accurate,
contemporaneous reports published in good
faith of proceedings in open court
S.4(2) - A postponement order, where the
court can postpone reporting for as long as it
feels necessary.
what information is it illegal for anyone to disclose about a case (especially about the jury)?
statements made,
▶ opinions expressed,
▶ arguments advanced
▶ or votes cast
▶ by members of a jury in the course of their deliberations in
proceedings before a court, or to solicit or obtain such
information,
▶ ^^^^ This is as per s.20D, Juries Act, 1974
what does section 9 say?
it is illegal to take audio-recording devices into court
without permission
n.b. (bans any such material being broadcast or played to any
section of the public
▶ You can apply for permission for such a device to be used but
there must be a ‘reasonable need’ for such use.)
what part does section 41 of criminal justice act 1925 state?
Illegal to make or attempt to make or publish
* Taken anywhere in court or its “precincts”
* Precincts not defined - but includes court going on site visit
during trial..
- this applies to entering and leaving courtroom
what does 84A of the 2003 court acts say?
it is an offence to make/
attempt to make or to publish any sound or image from an extended/ virtual court
what does section 11 of contempt of court say?
“In any case where a court (having power to do so)
allows a name or other matter to be withheld from the
public in proceedings before the court, the court may
give such directions prohibiting the publication of that
name or matter in connection with the proceedings as
appear to the court to be necessary for the purpose for
which it was so withheld.”
