Media Law: Contempt of Court
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- Created by: Alasdaire
- Created on: 23-02-23 14:23
What does contempt of court protect?
- judicial processes
- greatest risk to media is publishing something that could prejudice a fair trial
- greatest risk to media is publishing something that could prejudice a fair trial
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What is common law contempt?
How someone behaves inside or outside court or what is published interferes with court processes
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What is strict liability contempt?
When published material creates a substantial risk or serious prejudice
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Contempt in common law
Still applies to material published before proceedings become active
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How may a journalist be found to have contaminated a witness's evidence?
- Interview before trial even with the intent to publish afterwards
- An invitation to buy story before giving evidence
- An invitation to buy story before giving evidence
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What is molestation?
If a journalist pesters a defendant, witness or juror
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What is contempt law strict liability?
Publication of material which creates a substantial risk of serious prejudice of impediment to criminal or civil proceedings which are 'active'
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Who can prosecute for contempt?
Initiated only by the crown court or higher court or with the consent of the Attorney General
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When are criminal proceedings 'active'?
- a person is arrested
- an arrest warrant is issued
- a summons is issued
- a person is charged orally
- a document specifying the charge is served on the accused
- an arrest warrant is issued
- a summons is issued
- a person is charged orally
- a document specifying the charge is served on the accused
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When do criminal proceedings cease to be 'active'?
- the arrested person is released without being charged
- no arrest is made within 12 months of an issue of a warrant
- the case is discontinued
- defendant acquitted or sentenced
- the defendant is found unfit to be tried or plead
- no arrest is made within 12 months of an issue of a warrant
- the case is discontinued
- defendant acquitted or sentenced
- the defendant is found unfit to be tried or plead
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What does under invesitgation mean?
Police need more time to investigate the crime
the case remains active
the case remains active
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What does 'unfit' mean?
A defendant suffering acute physical or mental illness can be ruled unfit to stand trial or plead
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What does 'lie on file' mean?
The defendant had not been acquitted or convicted but the court agrees that the charge is no longer worth pursuing
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What happens between the verdict and sentence at Crown Court?
Proceedings remain active until the defendant is sentenced
media are safe to publish in this period as jury are adjourned and Crown Court judge is deemed too experienced to be influenced
media are safe to publish in this period as jury are adjourned and Crown Court judge is deemed too experienced to be influenced
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What happens if an appeal is lodged?
- Proceedings become active
- strict liability contempt resumes
- the case ceases to be active when the hearing of any appeal is completed
- strict liability contempt resumes
- the case ceases to be active when the hearing of any appeal is completed
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Where can you check if an appeal has been lodged?
- Appeals to the Crown Court: Crown Court office
- Appeals to the High Court: Royal Courts of Justice in London
- Appeals from Magistrates' Court: Local Crown Court
- Appeals to the High Court: Royal Courts of Justice in London
- Appeals from Magistrates' Court: Local Crown Court
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Do the press get prosecuted if they release a picture of a wanted person?
No.
the Attorney General said in 1981:
"the press has nothing whatsoever to fear from publishing in reasoned terms anything which may assist in the apprehension of a wanted man and I hope that it will continue to perform this public service"
the Attorney General said in 1981:
"the press has nothing whatsoever to fear from publishing in reasoned terms anything which may assist in the apprehension of a wanted man and I hope that it will continue to perform this public service"
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How to defend yourself if you didn't know the proceedings were active?
The person responsible for the publication, having taken all reasonable care, did not know and have no reason to suspect when the material was published that relevant proceedings were active
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What type of material can cause a substantial risk of serious prejudice or impediment (1)?
- Mentioning a suspect or defendant's previous convictions
- suggesting the defendant is dishonest
- evidence linking the defendant to the crime
- any other suggestion they are guilty
- witness's detailed account
- suggesting the defendant is dishonest
- evidence linking the defendant to the crime
- any other suggestion they are guilty
- witness's detailed account
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What type of material can cause a substantial risk of serious prejudice or impediment (2)?
- published photograph or footage when visual evidence is likely to be an evidential issue
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When will photographs or footage become an evidential issue?
- police identity parade is to be held
- a witness is expected to testify at the trial on such identification
- a witness is expected to testify at the trial on such identification
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What can publishing information suggesting a defendant is dishonest or of bad character?
It may deter witnesses from coming forward and providing information helpful to the suspect, which could clear them of suspicion or enable defence to be fully developed at trial
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Why is publishing a witness's detailed account deemed contempt?
- a witness could feel obliged to stick with their original story
- the witness's evidence may not feature in the trial at all
- the witness's evidence may not feature in the trial at all
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Why should visual identification evidence not be released during a case?
it could influence or confuse a witness who gives identification so that the court might not be sure if the witness's evidence is based on what was seen during the crime or on recollection of a published photo
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What can be published after a criminal case becomes active?
Non-prejudicial material
- that a robbery took place
- where it took place
- someone was arrested
- don't report that the 'robber was later arrested' because that implies the arrested person is guilty
- that a robbery took place
- where it took place
- someone was arrested
- don't report that the 'robber was later arrested' because that implies the arrested person is guilty
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Common ground
a journalist can publish material of common ground between the defence and prosecution eg. where the body was found
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How do the courts interpret the 1981 Contempt of Court act?
Courts should consider:
- the likelihood of the publication coming to a potential jurors attention
- its likely impact on an ordinary reader
- crucially, the residual impact on a notional juror at the time of the trial
- the likelihood of the publication coming to a potential jurors attention
- its likely impact on an ordinary reader
- crucially, the residual impact on a notional juror at the time of the trial
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How are jurors told to approach a trial?
They are told to put pre-trial publicity out of their minds.
in case of terrorist Dhiren Barot, Sir Igot said "juries up and down the country have a passionate and profound belief in and a commitment to the defendant's right to a fair trial"
in case of terrorist Dhiren Barot, Sir Igot said "juries up and down the country have a passionate and profound belief in and a commitment to the defendant's right to a fair trial"
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What is the 'fade factor'?
The fade factor takes into account that, by the time the jury is selected, they will have forgotten detail in early reports of the criminal case
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When can the 'fade factor' not apply?
It does not protect material published shortly before or during a trial
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Does the 'fade factor' protect archived material?
No.
It does not apply to any material that is accessible to the public
It does not apply to any material that is accessible to the public
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How can a publication deal with readers' comments on a trial?
The best pracitce is to not provide any place for comments as they could be prejudicial
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Media could face huge costs if 'serious misconduct' affects a case
'serious misconduct' could have happened through a reporter's actions even if there was no strict liability
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What is the defence against contmept?
- a fair and accurate report of the hearing
- published contemporaneously
- in good faith
- published contemporaneously
- in good faith
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Why might a court postpone the reporting of a case or part of a case?
- to avoid a substantial risk of prejudice
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What if a postponement order is not made?
The legal position would not be clear on whether reporting the other charges/ guilty pleas would be contempt
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Can you publish what is said in court in the jury's absence?
You should not publish anything said in the jury's absence
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What is the defence of discussion of public affairs?
a publication of discussion in good faith or public affairs will not 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
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What is the safest course of action?
Media should not refer to any active case in which an issue figures and in particular should not suggest a defendant is guilty in a general feature or discussion
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Contempt of civil proceedings under the strict liability rule
- civil proceedings are deemed to be active from the time a date for the trial or hearing is fixed
- a civil case ceases to be active when it is disposed of, abandoned, discontinued or withdrawn
- a civil case ceases to be active when it is disposed of, abandoned, discontinued or withdrawn
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What other areas are contempt under the 1981 act?
- the use of recording equipment (without court's permission
- publishing withheld information connected to that case
- discovering how an individual juror voted
- a ban on reporting a court's private hearing
- publishing withheld information connected to that case
- discovering how an individual juror voted
- a ban on reporting a court's private hearing
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Other cards in this set
Card 2
Front
What is common law contempt?
Back
How someone behaves inside or outside court or what is published interferes with court processes
Card 3
Front
What is strict liability contempt?
Back
Card 4
Front
Contempt in common law
Back
Card 5
Front
How may a journalist be found to have contaminated a witness's evidence?
Back
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