Part 2 - Contempt and Related Matters Flashcards
Give an example of a case that demonstrates a substantial risk of serious impediment.
Since the 1981 Act was passed, the main focus in contempt law has been on trying to prevent publication of material that creates a substantial risk of serious prejudice to active proceedings. Some media organisations relied on something called the ‘fade factor’ to save them from prosecution – this is the assumption that potential jurors would have forgotten any prejudicial reporting about a case by the time it reached trial. However, this cannot always be relied upon. Media organisations have been reminded by the Attorney-General that he would also take action against news organisations which publish material that might create a substantial risk of serious impediment to active proceedings. This happened when Chris Jefferies was arrested in December 2010 in connection with the murder of Joanna Yeates. Two national newspapers were convicted of contempt in relation to their stories about Jefferies, who was subsequently cleared of any involvement in Joanna Yeates’ murder, as the court held that the highly unflattering depictions of Jefferies might have deterred witnesses from coming forward to assist his defence and this presented a substantial risk of serious impediment to the proceedings.
What must you do if asked in an exam about contempt law in civil cases?
Although contempt law applies to civil cases, proceedings are unlikely. If tested on your knowledge of the strict liability rule as regards civil cases, explain how the law works, as below:
- A civil case becomes active from when the date is fixed for the case to be heard.
- A civil case ceases to be active when it is disposed of, abandoned, discontinued or withdrawn
- However, even when proceedings are active, there is little prospect of substantial risk of serious prejudice as few civil cases are heard before a jury and are just heard before a judge.
What does section 9 of the Contempt of Court Act state?
Section 9 of the Contempt of Court Act bans audio-recording devices being taken into court and being used without permission in court. The law also prohibits the broadcast or publication of such material. Judges can permit such recording but reporters must check this before attempting to record in this way.
What changed regarding recording in court in December 2011?
In December 2011, the then Lord Chief Justice announced that journalists and legal commentators could use live text-based communication from court, although this does not apply to members of the public. Since 2015 this general permission has been set out in Criminal Practice Directions. Such reporting should be unobtrusive and the court can ban the use of live text-based communication at any time. The tweets must be factual and not opinion. This is now done routinely from high-profile trials and journalists may take laptops into court to facilitate tweeting from court.
What may be deemed contempt of court in common law?
Filming/photographing in or around a court, especially people entering/leaving.
