question 3

Question 1

What are the two types of contempt?

Answer 1

1. Common law contempt

2. Strict liability contempt.

Question 2

What is contempt in common law?

Answer 2

Common law contempt makes it an offence to publish material which creates a substantial risk of serious prejudice to legal proceedings which are imminent or pending if it can be proved that there was an intent to create such a risk

Question 3

When are criminal proceedings active?

Answer 3

1. a person is arrested
2. an arrest warrant is issued
3. a summons is issued
4. a person is charged orally
5. a document specifying the charge is served on the accused

Question 4

When do criminal proceedings cease to be active?

Answer 4

1. the arrested person is released without being charged
2. no arrest is made within 12 months of the issue of an arrest warrant
3. the case is discontinued
4. the defendant is acquitted or sentenced
5. the defendant is found unfit to be tried or unfit to plead, or the court orders the charge to lie on file

Question 5

What material can cause a substantial risk of serious prejudice or impediment?

Answer 5

1. references to previous crimes
2. information suggesting he/she is dishonest or of bad character in other ways
3. evidence linking them to the crime
4. That they are guilty to the crime

Question 6

What are the dangers of contempt ?

Answer 6

1. Journalists can face criminal prosecution if they seriously prejudice someone’s trail by publishing something that could influence a jury

Question 7

What is strict liability?

Answer 7

The strict liability rule is defined in s.1 as the rule “whereby conduct may be treated as contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so”.

Question 8

How do become in contempt?

Answer 8

the publication must create ‘substantial risk of serious prejudice’ to court proceedings

Question 9

What is substantial risk?

Answer 9

1. Must create serious prejudice
2. Depends on a number of factors
3. Greater risk in criminal courts
4. High risk in courts with juries
5. Less with judges
6. There must be a practical risk, not a theoretical one (it must be substantial)

Question 10

Content that can create prejudice

Answer 10

1. Saying that the person who was arrested is the same person who committed the crime
2. Saying why a defendant might be guilty or innocent
3. Mentioning details of a defendant’s lifestyle, character, or previous court appearances

Question 11

Case study to mention

Answer 11

2002 -Sunday Mirror fined £75,000 for contempt and £54,000 in costs
Editor Colin Myler decided to publish an interview with the father of the victim of the attack whilst the jury was considering verdicts.
Mirror article led to the collapse of trial of two Leeds footballers Lee Bowyer and Jonathon Woodgate on assault charges
Attorney General estimated that aborted trial cost £1,113,000

Question 12

The contempt of court act provides 3 defences for journalists-what are they?

Answer 12

1. Innocent publication (section 3 of the 1981 Act)
2. Contemporary reports of proceedings (section 4)
3. Discussion in good faith of public affairs (section 5)

Question 13

Remember - substantial risk of prejudice!!

Answer 13

Remember substantial risk of prejudice