Week 10 & 11 Flashcards
Contempt of Court Act 1981
Outlines strict liability contempt - Prosecuted for creating ‘substantial risk of serious prejudice or impediment’
A fine or up to 2 years in prison
Common law contempt
A criminal offence used to prosecute those who break the law because they interfere with the administration
Article 6 ECHR
Everyone has the right to fair trial
When are proceedings ‘active’
- When someone is arrested
- Charged with a crime
- Warrant issued for the arrest
- Summons from the court issued
- Written charge is served on defendant
You must not publish anything which creates a substantial risk of serious prejudice or impediment to active proceedings
What not to publish when proceedings are active 8
- Material about the defendants background/character
- Material that may be disputed in the trial
- Allegations that they committed other crimes
- Previous convictions
- Suggestion that they are a liar or confessed
- Suggestion that they might skip bail
- Information directly linking them to the crime
- Anything that makes them sound guilty
Case Law - Contempt during active proceedings
Ryan Ward - publication of pic of him holding a gun during murder trial
Where Contempt proceedings are held, and what they consider
- Brought by Attorney General or judges in Crown Courts or above
- They consider if publishing could prejudice jurors in their verdict or witnesses giving testimony
What you should avoid reporting 4
- Quotes from witnesses giving detailed account of events this may be ruled incorrect, disputed, or inadmissible
- Pre-trial publication of detail witness may retract evidence
- No verbal descriptions, sketches or photographs of any suspect/defendant
- Be careful with headlines i.e. saying murder
What you can publish 6
- Name of the person charged
- Name of an alleged victim
- reference to a defendant’s or victims address and non-contentious background
- Injuries suffered
- In homicide, where the body was found
- Any ‘neutral’ background info
When a case ceases to be active
- The arrested person is released without charge
- If no arrest was made within 12 months of an arrest warrant being issued
- If the case is discontinued or the defendant is acquitted or sentenced
- They are found to be unfit to trial, unfit to plea, or the court orders the charge to ‘lie on file’
Appeals
After conviction, proceedings become active again if an appeal is formally lodged
Defendant can appeal if;
- judge has misdirected jury on points of law, new evidence comes to light, can also appeal the length of sentence
Court appeal cases are heard by very experienced judges so technically case is active but difficult to prejudice judge
In the case of a retrial, proceedings are fully active again
Conviction and publishing before sentencing
Under the Contempt of Court Act, 1981 proceedings are still active
But appeals are heard by judges who are too highly trained to be affected by media reporting so the danger of committing contempt at this point is small
Readers’ posts on stories and contempt
The media should not allow public posting on ‘active’ cases on websites
If someone posts something elsewhere on the website, the organisation should take it down as soon as they are aware of it
IPSO on readers’ comments
When linking a social media platform to a report on active criminal proceedings, the organisation should warn readers against posting comments on the case that may prejudice the investigation or a fair trial. And consider removing readers’ ability to comment
Contempt of court defence S3
Publishers can argue that if at the time of publication, having taken all reasonable care, they did not know and had no reason to suspect the case was active.
Reporters should check with police to see if someone has been charged or arrested regularly
Contempt of Court defence S4
Occasionally a media report of a court hearing might create a ‘substantial risk of serious prejudice’ to a later stage of the same case or another due to be tried in the future
S4 says a person cannot be found guilty of breaching the strict liability rule if:
- the report is fair and accurate
- published contemporaneously
- in good faith
Contempt of Court Section 4(2)
A court can order the postponement of the reporting of a case or part of a case where it is necessary to avoid ‘substantial risk of prejudice to the administration of justice in those proceedings’
Period can be as long as court deems necessary
Contempt of Court defence S5
A publication made as part of a discussion in good faith of public affairs or other matters of general public interest is not to be treated as contempt of court
under the strict liability rule if the risk of impediment or prejudice to particular legal proceedings is merely incidental to the discussion.
Okay to suggest defendant is guilty
Contempt of Court S11
A two-step process to ban reporting of certain information
- First the court must ban use of the name/matter within the proceedings
- Then if someone accidentally says it in court the S11 order bans the reporting of it in media
- Used in blackmail or extortion cases or national security
Invalid use of S11
- should only be used where the administration of justice would otherwise be ‘frustrated or rendered impracticable’
- order cannot be valid if there has been no previous decision by the court to stop the name or matter being mentioned in open court
- S11 order is not to be used for the ‘comfort and feelings of defendants’
- Police officers try to use S11 orders to ban reporting of their addresses.
There must be ‘real and immediate’ evidence of a threat to their safety demonstrated in court.
Or if they say they are at risk of suicide or self-harm if their address is published – there must be evidence of a ‘real and immediate risk’
Challenging S11
- You can argue the public may wrongly think someone else is the defendant
- You could explain one or more societal benefits of open justice
Police appeals for information and Contempt of Court law
- Sometimes after obtaining a warrant for an arrest, police appeal for information to help them trace the suspect
- They may issue a photograph or warn the public the suspect may be armed/dangerous and should not be approached
- Once suspect is arrested this ends
No known prosecution for contempt in these circumstances
Contempt in civil cases
- less likely as most cases are tried by judges
- fewer juries
- cases become active when the hearing date is fixed
- Ceases to be active when case is dealt with, abandoned or withdrawn
- Contempt of civil proceedings
Contempt in civil cases
- less likely as most cases are tried by judges
- fewer juries
- cases become active when the hearing date is fixed
- Ceases to be active when a case is dealt with, abandoned or withdrawn
- Contempt of civil proceedings
