Contempt of Court Flashcards Preview

Human Rights Cards > Contempt of Court > Flashcards

Flashcards in Contempt of Court Deck (15)
Loading flashcards...
1
Q

What act is contempt of court guidelines in?

A

Contempt of Court Act 1981

2
Q

Define Contempt of court

A

Behaviour which might affect court proceedings

3
Q

Why have a law of contempt?

A

Balance between a person’s A6, and a journalists A10

4
Q

S1 Contempt of Court Act 1981

A

Does article interfere with proceedings?

5
Q

S2(3)Contempt of Court Act 1981

A

Was article written in active period?

6
Q

Civil and criminal active periods

A

Criminal-active from time of arrest
Civil-active once listed for trial

If written during active time, then can be prejudice and held in contempt

7
Q

S2(2) CoC

A

Does article create a substantial risk of prejudice? Can be from pictures, words etc

8
Q

AG v News Group Newspapers

A

Case for S2(2):allegations made about cricketer. injunction denied as court date was set 10 months away, so no substantial risk of jury being prejudiced

9
Q

Woodgate and Bowyer

A

S2(2) Case-Sunday Mirror fined for printing info that affected the trial, so had to be re-run

10
Q

How can prejudice and seriousness be established? 4

A

Article sways in jury against/in favour of defendant
Article can affect outcome
Proximity of time
Extent of public concern of trial

11
Q

S5 CoC

A

Public interest defence

12
Q

Public interest defence

A

allows publication regarding general matters of public interest in good faith, if risk of prejudice is merely incidental

13
Q

Public Interest defence case

A

AG v English-newspaper published article criticising doctors letting deformed babies die, during trial of a doctor being prosecuted for manslaughter in those circumstances, only incidental prejudice

14
Q

What will S5 not protect?

A

Publications that directly relate to ongoing trials, and criticise witnesses/defendants, with inadmissable evidence or encourage a particular outcome

15
Q

S3

A

Defence of innocent publication

Not guilty if taken all reasonable care and does not know that relevant proceedings are active