Contempt of Court
- Created by: EllieJ1508
- Created on: 25-01-22 15:34
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- Contempt of Court
- Contempt of Court Act 1981
- To protect integrity of justice
- A contempt offence occurs if material is published which creates A SUBSTANTIAL RISK OF SERIOUS PREJUDICE OR IMPEDIMENT to particular legal proceedings which are active
- Criminal Offence, strict liability offence
- Up to two years in jail and or unlimited fine
- SUBSTANTIAL RISK OF SERIOUS PREJUDICE
- Crown Court, High Court or attorney general can initiate persecution
- Any report which might have an adverse influence/ prejudice on a future or current trial
- Contempt Defined
- DISREGARD for something that should be considered
- The offence of being disobedient to or disrespectful of a court of law and its officers
- Who is at risk of getting prejudiced?
- Witnesses
- Might alter statements/ evidence in court. And affect their judgement in identity parades.
- Jurors in ongoing trials
- Potential future jurors - memorable details may make it more likely for them to convict someone
- Witnesses
- Contempt of Court Defences
- Section 4
- fair and accurate report of proceedings, published contemporaneously in good faith
- Covers actual reports of court cases
- BBC Fined in 1992 - £5,000
- Section 3
- Not knowing the proceedings are active
- Onus is on you check
- Keep notes of calling and checking with police up until deadline
- Section 5
- Defence/ discussion of public affairs when prejudice is merely incidental
- Protects discussion of public affairs
- Do not mention any active ongoing case
- Section 9
- Bans audio recording devices
- Section 11
- Bans publication of name or material (eg. blackmail/national security)
- Section 4
- Contempt for Journalists
- Not doing what the court/ judge/ magistrate says
- And publishing anything potentially prejudicial
- Includes social media posts, pictures, broadcasts and printed/online stories
- Not obeying court orders
- Contempt of Court Act 1981
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