4) Contempt of Court

Question 1

What is contempt of court

Answer 1

• Takes on multiple forms
  e.g jury deliberations, unreasonable behaviour in court and newspaper disclosing information on a case subject to litigation

Question 2

What is the purpose of contempt of court

Answer 2

limit media in commenting on cases subject to litigation

Question 3

What is the punishment for contempt of court

Answer 3

• criminal offence
• 2 years in prison/fine

Question 4

What has the Contempt of Court Act 1981 stated

Answer 4

Harder to commit contempt of court, now a substantial risk previously any risk was enough

Question 5

How do we establish contempt of court

Answer 5

1. Does the article threaten a particular case
2. is the article written during the active period

Question 6

What is the active period in criminal and civil cases

Answer 6

Criminal is arrest to verdict. Reactivates on appeal
Civil is once case is listed for trial

Question 7

What is the 2 part test for substantial risk

Answer 7

1 - Is there substantial risk
2 - Does risk create serious prejudice, through words uses, proximity to trial and names

Question 8

What case decided both elements of 2 part test need to be proved

Answer 8

AG v News group newspaper (10months before)

Question 9

What case was there proximity to trial

Answer 9

Sonia Sutcliffe - 3monthsH

Question 10

How do we decide there is a prejudicial nature

Answer 10

Influence against/for D
Affects outcome
Proximity + public eye

Question 11

Defence for contempt

Answer 11

s.5 Defence of public interest
- AG v English