CONTEMPT Flashcards
STRICT LIABILITY
Contempt of Court Act 1981
Nothing must be published that creates a substantial risk of serious prejudice or impediment to active proceedings
POLICING AND CRIME ACT 2017
A new strict 28-day time limit for police bail had led to people being released ‘under investigation’
Remains active until custody officers tell he accused in writing that the investigation is being discontinued
SECTION 4 DEFENCE
Section 4, Contempt of Court Act 1981
Defence against Strict Liability rule if: Concerns proceedings held in public Fair Accurate In good faith
SECTION 4(2) ORDER
Gives judges power to postpone reporting of a trial or hearing
If report could prejudice another trial or linked case
Temporary - must list when order ends
Can only be made if risk of prejudice is ‘substantial’
If you breach section 4(2) – unlimited fine or up to 2 years in jail
SECTION 4(2) AND ‘SUBSTANTIAL RISK’
CANNOT be used to protect someones reputation or their safety - only for SUBSTANTIAL RISK OF PREJUDICE
A court should credit a trial’s jury with the will and ability to abide by the judge’s direction to decide the case only on the evidence
They should also bear in mind if the staying power and detail of the publicity were limited
Because a defendant has lodged an appeal does not mean that a re-trial is ‘pending or imminent’ and so cannot justify a section 4(2)
PROBLEMS WITH SECTION 4(2)
Case receives substantially less coverage
Press has to publish an entire trial into one days reporting (to be contemporaneous)
Benefits of open justice eroded
SECTION 93 OF THE COURTS ACT 2003
reporting discussions/rulings made in the jury’s absence could be deemed as ‘serious misconduct’, and be held liable for the costs of an aborted of delayed trial
SECTION 9 OF CONTEMPT OF COURT ACT 1981
Bans audio-recording devices being taken into courts – includes coroners courts
Bans devices being used without permission in court
Criminal procedure rules allow a court to grant permission for such devices to be used for note-taking
But practise direction indicates there must be a ‘reasonable need’
SECTION 41 CRIMINAL JUSTICE ACT 1921
Bans photos, videos, sketching, portrait making in or around court, including coroners court - and publishing these
Breaches could be punished with a fine of up to £1,000
CRIMINAL PRACTISE DIRECTIONS AND LAPTOPS
Since 2015, journalists and legal commentators are allowed to report cases by tweeting, texting, emailing or posting directly onto the internet via a phone or laptop – without the courts permission
Reporters should not make or receive phone calls during court hearings
Could be punished as contempt as it is disrespectful, potentially disruptive and damaging to administration of justice
Judge could fine or jail a reporter if their mobile phone rings while witness giving evidence, especially if they are already finding It difficult
SECTION 11 CONTEMPT OF COURT ACT 1981
Lifelong anonymity order - bans reporting in media or someones name or other information
Must be a ‘real and immediate risk’ to someones safety - made clear by [Re Officer L]
They should not be used to spare a witnesses in criminal cases from embarrassment, or the ‘comfort and feelings’ of a defendant
Can only ban publication if it has not already been made public in earlier hearing for example
Section 11 only bans reporting of the name/information ‘in connection with the proceedings
If the name has already been mentioned in public proceedings a section 11 can’t be made (stated by high court in R v Arundel Justices, ex p Westminster) [and it should have been if usual procedure has been followed]
CHALLENGING SECTION 11
Societal benefits of open justice:
- Reporting cases promotes confidence in justice system
- Deters inappropriate behaviour from court
- Pressure on witness to tell truth and may lead to further evidence coming available
- Identifying the defendant is a deterrent
- Full reporting is the best course for a community to understand the case and scrutinise how it was investigated
- Avoids false rumours being created about the case
SECTION 46 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
LIFELONG anonymity to ADULT witness in CRIMINAL case
Only if: Witness is in FEAR or DISTRESSED - and quality of their evidence, or their level of cooperation is likely to be diminished by being identified
CANNOT be made to save witness from being embarrassed - only to protect from FEAR AND DISTRESS
BREACHING SECTION 46
Can have defence if you weren’t aware or had no reason suspect the publication would lead to identification of the witness
Witness concerned can choose to waive anonymity – must be written consent, not interfere with peace and comfort
SECTION 20D JURIES ACT
Contempt to intentionally obtain, solicit or disclose
Statements made
Opinions expressed
Votes cast
By jurors during their deliberations
Jurors will also breach this law if they disclose such detail
