Contempt of Court P1 Flashcards
(20 cards)
What is the legal nature of contempt under the Contempt of Court Act 1981?
It is a strict liability criminal offence where intention does not matter.
What must the prosecution prove for contempt under the 1981 Act?
That the publication created or had the potential to create a substantial risk of serious prejudice or impediment to a trial when the case is active.
Who has the power to initiate contempt proceedings?
The Attorney General, the Crown Court, or a higher court.
What are the penalties for contempt of court?
An unlimited fine and/or a jail sentence of up to two years.
What triggers active criminal proceedings?
An arrest, oral charge, indictment served, warrant or summons issued.
When do civil proceedings become active?
When a trial is set down or a date is fixed.
When do inquest proceedings become active?
When an inquest is opened.
Why was it legal to report on Arthur Simpson-Kent before his extradition?
Because proceedings were inactive as he was arrested in Ghana, and the UK extradition process from a non-EU country didn’t involve a warrant.
What happened in the common law contempt case involving farmer David Evans?
‘Sport’ newspaper revealed previous convictions before a warrant was issued. The AG failed to prove the paper appreciated proceedings were imminent.
What are examples of risky publication areas when proceedings are active?
Stating guilt, publishing ID photos, calling an event murder, quoting witness statements, mentioning prior convictions, or influencing verdict.
Why are witness statements risky to publish during active proceedings?
Witnesses may feel pressured to stick to what was published even if they later realise it was inaccurate.
Can using photos pose a substantial risk of serious prejudice?
Yes. For example, The Mail and The Sun were fined £15,000 each for photos showing a murder trial defendant holding a pistol.
What information is generally safe to publish once proceedings are active?
Basic facts like the crime type, time/place, victim’s identity, and confirmation that an arrest occurred.
Why must care be taken even with names of arrested individuals?
Publishing names could trigger privacy issues, as seen in BBC v Cliff Richard and Sicri v Mail Online.
What is the fade factor?
The idea that media coverage has less influence on jurors if a long time passes between publication and trial.
What example illustrates the use of geographical distancing in trials?
Venables and Thompson trial was moved from Merseyside to Preston Crown Court.
When do proceedings cease to be active?
When someone is released without charge, a case is discontinued, a verdict is delivered, or the court orders charges to lie on file.
Why were newspapers fined in the Christopher Jefferies case?
They implied he was likely to have committed the crime, breaching contempt laws.
What were the fines imposed in the Christopher Jefferies case?
Daily Mirror £50,000 and The Sun £18,000.
What additional legal actions did Mr. Jefferies pursue?
He won damages from eight newspapers for libel.
