Contempt of Court P2 Flashcards
(14 cards)
What is the recognised exception for police appeals for media assistance?
Police may ask media to publish photos or descriptions to help catch a suspect. Though technically risky under COCA 1981, the Attorney General stated media has nothing to fear if published in reasoned terms to assist in apprehension. No prosecutions have occurred under this exception.
What does Section 3 of the Contempt of Court Act 1981 provide?
A defence if the publisher did not know proceedings were active and took all reasonable care to check. Burden of proof lies on the publisher.
What steps are expected under the Section 3 defence to prove reasonable care?
Check with police, note when and who you spoke to, keep emails, and make regular checks before publishing.
What is the Section 5 ‘public affairs’ defence in contempt law?
A publication made in good faith, as part of a public interest discussion, is not contempt if prejudice is incidental to the discussion.
Which case demonstrates the Section 5 defence?
Dr Leonard Arthur’s case – the Daily Mail article discussing rights of disabled children was ruled not to be contempt despite risking prejudice because it was in good faith and part of public affairs.
What does Section 4(1) of the Contempt of Court Act cover?
It protects fair, accurate, contemporaneous reports made in good faith of open court proceedings.
What does Section 4(2) allow courts to do?
Postpone reporting to avoid prejudice, e.g., in the Huddersfield grooming gang case.
What is best practice for reader comments on active legal cases?
Disable comments or warn readers not to post prejudicial content, especially on linked social media platforms.
Is it legal to disclose jury deliberations?
No. It is an offence to disclose or obtain information about jury statements, arguments, votes, or opinions.
What does Section 9 of the Contempt of Court Act 1981 prohibit?
Taking audio-recording devices into court without permission and broadcasting court material without consent.
Can journalists use devices in court for reporting?
Yes, for emailing, tweeting, and texting as long as the court has not banned it and the device is silent.
What does Section 41 of the Criminal Justice Act 1925 prohibit?
Taking or attempting to take photos or video inside court or precincts. Outside on public streets is allowed.
Is recording allowed in extended or virtual courts?
No. Section 85B of the Courts Act 2003 makes it an offence to record or publish sound/images from extended courts.
When is it legal to film a judge in court?
A Crown Court judge may be filmed during sentencing if permission is granted and footage is used solely for reporting.
