Contempt of Court

Question 1

Which court do most criminal cases go to?

Answer 1

Magistrates Court

Question 2

Which court do more serious cases go to

Answer 2

Crown Court

Question 3

Which Court do juveniles go to

Answer 3

Youth Court except in very serious cases or when there is an adult co-accused

Question 4

What does the High Court deal with?

Answer 4

Appeals from Magistrates and Crown courts on points of law

Question 5

What is the maximum sentence Magistrates Court can give you

Answer 5

12 months

Question 6

Can Juveniles be intentified

Answer 6

No

Question 7

Where do most civil cases go?

Answer 7

County Court

Question 8

Where do more serious/complex cases and defamation cases go?

Answer 8

High Court

Question 9

In which cases is there trial by jury in civil court

Answer 9

Fraud - jurors will think differently to a judge. False imprisonment - for reasons of independent decisio. Malicious imprisonment - for reasons of independent decision

Question 10

Can you comment on an active criminal case

Answer 10

No

Question 11

When is a case active

Answer 11

When an arrest is made without a warrant, someone is charged orally or an indictment of charges is served

Question 12

Should you campaign for someone to be guilty or innocent

Answer 12

No

Question 13

If proceedings become active, should you publish anything that creates a substantial risk of serious prejudice

Answer 13

no

Question 14

Should you state that the person who was arrested was the one who committed the crime

Answer 14

No

Question 15

Should you publish a photo or photo-fit or detailed description if ID is an issue and there is going to be an ID parade

Answer 15

No

Question 16

Should you use the word ‘murder’ whilst proceedings are active

Answer 16

No because it could be manslaughter or an accident

Question 17

Should you use detailed witness statements

Answer 17

No

Question 18

Should you report previous convictions

Answer 18

no

Question 19

Should you anticipate or influence the verdict

Answer 19

No

Question 20

Should you include background material/lifestyle

Answer 20

No

Question 21

Is it a crime for jurors to do online research

Answer 21

Yes

Question 22

Which “common ground” matters can you report in a crime report

Answer 22

Non-prejudicial information such as name, age, address of the victim, where and when the alleged offence took place or body was found and the fact that someone has been arrested and the name and address of the person arrested

Question 23

When do cases cease to be active

Answer 23

Arrested person is released without charge unless on police bail, no arrest is made within 12 months of an arrest warrant being issued, the case is being discontinued, the defendant is sentenced or acquitted, defendant is found to be unfit to stand trial or unfit to plead, court orders the charge to lie on the file (no verdict)

Question 24

What year was the Contempt of Court Act

Answer 24

1981

Question 25

When does Contempt of Court apply?

Answer 25

When a publication carries a substantial risk of serious prejudice to a trial when a case is active

Question 26

What are the defences for Contempt of Court

Answer 26

Section 3 of the Contempt of Court Act 1981 - defence of not knowing proceedings were active but you have to have pressed for clarification on whether proceedings are active.

Section 5 of the Contempt of Court Act 1981 - defence of it being a discussion of public affairs - can discuss the issue but not specific cases.

Question 27

What did the Attorney General in Parliament say in 1981

Answer 27

Media would not be prosecuted for helping police trace a wanted person, if the report is in reasoned terms

Question 28

What is section 9 of the Contempt of Court Act 1981

Answer 28

You can not take audio recording devices in to court