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CMN228 > Session 4 > Flashcards

Session 4 Flashcards

1
Q

Can journalists report on matters that are aired before a jury?

A

Yes, as long as it is fair and accurate.

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2
Q

Can journalists report on matters that are aired before a magistrate?

A

Yes, as long as it is fair accurate.

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3
Q

When can journalists not report on matters aired before a jury?

A

When otherwise directed by a judge.

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4
Q

When can journalists not report on matters aired before a magistrate?

A

When otherwise directed by a magistrate.

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5
Q

Who is open court open to?

A

The public at large.

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6
Q

Who can sit in and watch open court?

A

Any person can sit in and watch proceedings.

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7
Q

What is the general rule on when information is safe to report?

A

If it has been discussed in open court.

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8
Q

What is anyone who provides oral or written evidence in court covered by?

A

Absolute privilege.

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9
Q

What does absolute privilege provide protection from?

A

Defamation suits.

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10
Q

Can one be sued for defamation based on a testimony?

A

No.

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11
Q

Is reporting on evidence safe?

A

Yes, if it is fair and accurate reporting.

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12
Q

What is contempt (in everyday sense)?

A

It is a disregard for something that should not be considered.

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13
Q

What are three synonyms for contempt?

A

The synonyms for contempt include disrespect, disdain or scorn.

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14
Q

What is contempt (in a legal sense)?

A

It is an act or words that interfere with the administration of justice or has a real tendency to interfere with the administration of justice.

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15
Q

What are the two principles underpinning contempt?

A

To maintain the dignity of the courts and to keep the legal system from external interference.

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16
Q

Are journalists and commentators particularly liable for contempt of court?

A

Yes.

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17
Q

In Queensland, contempt is covered under three pieces of legislation. What are they?

A

Magistrates Court Act 1921, District Court of Queensland Act 1967 and the Supreme Court of Queensland Act 1991.

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18
Q

What are the two types of contempt?

A

Civil based contempt and criminal based contempt.

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19
Q

Is civil based contempt or criminal based contempt the most relevant?

A

Criminal based contempt.

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20
Q

What is civil contempt concerned with?

A

Failures to comply with judgements or orders of a civil court

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21
Q

What is criminal contempt?

A

Criminal contempt is the act or omissions that have a tendency to interfere with or undermine authority, performance or dignity of the courts of justice or those who participate in their proceedings or interference with the course of justice.

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22
Q

Why is criminal contempt more serious?

A

A jury is more likely to be involved.

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23
Q

Is a jury or a judge more susceptible to undue influence?

A

A jury.

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24
Q

What is the overlap between criminal contempt and civil contempt?

A

It is defiance of civil court’s order renders criminal what would otherwise be civil contempt.

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25
Q

What do penalties for both criminal contempt and civil contempt include?

A

Imprisonment.

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26
Q

What is the first reason that contempt law is controversial?

A

The same person be judge/victim/assigner of penalties, no presumption of innocence, the penalty can be open ended and changes in technology increases avenues for committing and detecting contempt.

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27
Q

Can the penalties for contempt be open ended?

A

Yes.

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28
Q

What are the five types of contempt of court?

A

Contempt in the face of the court, scandalising the court, revealing deliberations of juries, disobedience contempt and sub judice contempt.

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29
Q

What does contempt in the face of the court?

A

Contempt in the face of the court involves improper/disruptive/rude/disrespectful behaviour in court.

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30
Q

Can contempt in the face of the court involve behaviour directly outside the courthouse?

A

Yes.

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31
Q

What kind of behaviour is contempt in the face of the court?

A

Overt misbehaviour in the court.

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32
Q

What are three examples of contempt in the face of the court?

A

Noise in the courtroom, answering the phone and showing disrespect to the presiding judge/magistrate.

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33
Q

What is one real life example of contempt in the face of the court?

A

Dead man signing a threat towards the magistrate.

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34
Q

What does scandalising the court refer to?

A

Conduct which denigrates judges or the court so as to undermine public confidence in the administration of justice.

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35
Q

What are the three types of publication contempt?

A

Scandalising the court, revealing deliberations of juries and sub judice contempt.

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36
Q

When avoiding scandalising the court, what should you consider?

A

It is fine to be critical but this should be specific and backed with hard evidence.

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37
Q

When is scandalising the court provided?

A

When a matter is no longer before the courts a matter is no longer before the courts writers are free to be critical of judgements, even say that they were wrong and to discuss their implications.

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38
Q

Is scandalising the court one of the three times of publication contempt?

A

Yes.

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39
Q

What piece of legislation prohibits the publication to the public of confidential information about jury deliberations and makes it an offence to solicit confidential information about jury deliberations from jurors or former jurors and prohibits a juror or former juror from disclosing confidential information about jury deliberations, where they believes any of the information is likely to be, or will be, published to the public.?

A

Jury Act (1995).

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40
Q

What is the penalty for publishing jury deliberations?

A

Two years in prison.

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41
Q

What is an example of revealing jury deliberations?

A

Gable Tostee juror posting on instagram.

42
Q

What is disobedience contempt?

A

It is refusing court directive. It includes a An example is disclosing sources when asked by a judge.

43
Q

What does disobedience contempt include?

A

A failure to comply with a court order or undertaking giving to a court, identifying (directly or indirectly) a person protected by a court, refusing to give specified materials to a court and refusing to answer a question in court.

44
Q

What is an example of disobedience contempt in media law?

A

Failure to disclose sources when asked by a judge.

45
Q

What does sub judice translate from Latin for?

A

Sub judice contempt translates to under consideration by the court.

46
Q

What does sub judice contempt refer to?

A

This means it refers to contempt during the course of a trial.

47
Q

Is sub judice contempt a common law kind of offence?

A

Civil.

48
Q

What is the underlying principle of sub judice contempt?

A

Right to a fair trial.

49
Q

Does the right to a fair trial apply to both civil and criminal trials?

A

Yes.

50
Q

Sub judice contempt means how much public comment can be made about the issue?

A

None.

51
Q

Sub judice contempt involves publishing materials that tends to prejudice…

A

A fair trial (but is not a blanket ban).

52
Q

Is sub judice contempt a blanket ban?

A

No.

53
Q

What kind of publication does sub judice contempt prohibit?

A

Publication with a real and definite tendency to interfere with the course of justice.

54
Q

Are the rules for sub judice contempt different based on whether proceedings are criminal or civil?

A

Yes.

55
Q

What is sub judice contempt treated more seriously for criminal cases?

A

Criminal cases are more likely to involve juries.

56
Q

What should the jury’s decision be based on?

A

Only on what occurs in a court room.

57
Q

What should witnesses testify on?

A

Their own recollection.

58
Q

If a reporter is ignorant of the law, is this an excuse?

A

No.

59
Q

Are citizens publishing on social media affected by sub judice contempt?

A

Yes.

60
Q

In civil matters, when does the sub judice period start?

A

It starts with the issue of a writ, a statement of claim or a summons and ends when court makes a decision.

61
Q

Are all steps in the criminal process under sub judice law?

A

No.

62
Q

Under sub judice laws, thing that are fine to publish one day, may…

A

Not be the next.

63
Q

Is there contempt risk if no charges have been laid?

A

No.

64
Q

Is there contempt risk if the police have no suspects?

A

No.

65
Q

Is there contempt risk if the police have a suspect who is not in custody?

A

No.

66
Q

When does the contempt period begin?

A

When no charges have been laid but there is a warrant for an arrest.

67
Q

From the beginning of the contempt period, what should the media report?

A

The bare facts only.

68
Q

When is there a higher risk the contempt period will begin?

A

If there is no charges or warrant but a suspect is in custody.

69
Q

To avoid sub judice contempt, what should a reporter proceed with?

A

Caution.

70
Q

To avoid sub judice contempt, what should a reporter have prepared?

A

A safe version.

71
Q

When a suspect is charged, is the matter before the court?

A

Yes.

72
Q

When a suspect is charged, what can you publish to avoid sub judice contempt?

A

Bare facts or accurate court reports.

73
Q

When does the contempt period continue until?

A

All avenues of appeal are exhausted.

74
Q

When is the window in sub judice contempt?

A

Between the handing down of the verdict and any appeals.

75
Q

What occurs for sub judice if an appeal is granted and a retrial ordered?

A

You are back to only report the bare facts.

76
Q

What should be exercised to avoid sub judice contempt if a hung jury occurs?

A

Caution.

77
Q

How do you limit risk of a sub judice charge?

A

Limit reports/public discussion to the bare facts of case, non-essential facts that eyewitnesses can confirm and that the evidence has been before a jury.

78
Q

What should you not mention to limit risk of a sub judice charge?

A

There needs to be no mention of prior convictions/confessions, materials that puts pressure on parties/witnesses, prejudges issues before the court, crime details that might influence a jury or potential jury, questions of innocence or guilt and matters of identification that are yet to be determined.

79
Q

What are the two defences for a sub judice charge?

A

The two defences fair and accurate reports of court cases and public interest.

80
Q

What is the first defence for a sub judice charge?

A

The first defence is having a fair and accurate reports of court cases.

81
Q

What is the cornerstone for the principle of open justice?

A

Fair and accurate reports.

82
Q

A fair and accurate reporting of court systems allows the government to be open to?

A

Criticism and scrutiny.

83
Q

What does the defence of fair and accurate report give the media freedom to do?

A

Cover court proceedings.

84
Q

What is the second defence for a sub judice charge?

A

Public interest.

85
Q

What ruling helped shape the public interest defence for a sub judice charge?

A

Bread Manufacturers ruling.

86
Q

What year was the Bread Manufacturer’s ruling?

A

1937.

87
Q

What kind of case what the Bread Manufacturer case?

A

A defamation case.

88
Q

What were the facts of the bread manufacturer case?

A

It was between bread manufacturers Ltd and an associated group of bakers who were alleged to be keeping bread prices high. A newspaper published an article about high bread prices while the case was before the court and was charged with contempt of court.

89
Q

Who won in the Bread Manufacturer’s ruling?

A

The newspaper’s favour.

90
Q

What did the Bread Manufacturer’s ruling establish?

A

The case established that it was permissible to have sub judice period discussion of an upcoming court proceeding if that element of publication was only a minor part of the public discussion of a predominant issue.

91
Q

How often does public interest in discussing criminal proceedings outweigh the interest in a fair trial?

A

Sometimes. The Bread Manufacturers immunity The case saw the introduction of the public interest defence.

92
Q

What should the main purpose in discussing a case be?

A

Advance public discussion.

93
Q

What should you not try and do when reporting on a case?

A

Try to improperly influence it.

94
Q

When was the Hinch case?

A

1987.

95
Q

What did the Hinch case see the introduction of?

A

The public interest defence to sub judice contempt.

96
Q

Why does the judge/magistrate have a special role in proceedings?

A

They can be the subject of a contempt of court and the adjudicator in relation to that charge.
Can be the subject of a contempt of court AND the adjudicator in relation to that charge
No requirement of mens rea:
A person accused of contempt is considered guilty until proven innocent

There is no sub judice laws in nations with inquisitorial legal systems.

97
Q

Is there a requirement of mens rea for contempt?

A

No.

98
Q

What is mens rea?

A

Mens rea is the intention or knowledge of wrongdoing that constitutes part of a crime.

99
Q

Is there a presumption of innocence for contempt?

A

No.

100
Q

How is sentencing special for contempt laws?

A

Sentence can be at judge/magistrates discretion and a person found guilty will have conviction recorded.

101
Q

Are there contempt laws in countires with inquisitorial systems?

A

No.

CMN228 (11 decks)

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