Podcast
Questions and Answers
What does the Police Appeals Defence allow the press to do?
What does the Police Appeals Defence allow the press to do?
The Police Appeals Defence was mentioned in legislation.
The Police Appeals Defence was mentioned in legislation.
False
What happens to the Police Appeals Defence once a wanted person is arrested?
What happens to the Police Appeals Defence once a wanted person is arrested?
The defence disappears and normal contempt service resumes.
Police Appeals Defence was established during the debate on the Contempt Bill in the year _____
Police Appeals Defence was established during the debate on the Contempt Bill in the year _____
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Match the following terms with their correct descriptions:
Match the following terms with their correct descriptions:
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What must be true for the Section 3 Defence to apply to a publisher?
What must be true for the Section 3 Defence to apply to a publisher?
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Publishers have been frequently prosecuted for assisting police with their inquiries under contempt law.
Publishers have been frequently prosecuted for assisting police with their inquiries under contempt law.
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The case of an armed robbery at a jewelry store can lead to potential _____ proceedings if prejudicial information is published.
The case of an armed robbery at a jewelry store can lead to potential _____ proceedings if prejudicial information is published.
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What information might a publisher include if given by police regarding a wanted suspect?
What information might a publisher include if given by police regarding a wanted suspect?
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What is the significance of the Attorney General's statement during the Contempt Bill debate?
What is the significance of the Attorney General's statement during the Contempt Bill debate?
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What must a reporter confirm regarding a case to ensure reasonable care is taken?
What must a reporter confirm regarding a case to ensure reasonable care is taken?
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Distributors are guilty of contempt if they did not know a publication contained prejudicial matter.
Distributors are guilty of contempt if they did not know a publication contained prejudicial matter.
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What should best practice dictate regarding comments on active court cases?
What should best practice dictate regarding comments on active court cases?
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A person is not guilty of contempt for a fair and accurate report of a court case held in public, published __________ and in good faith.
A person is not guilty of contempt for a fair and accurate report of a court case held in public, published __________ and in good faith.
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Match the following components of the Section 4 defence with their descriptions:
Match the following components of the Section 4 defence with their descriptions:
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What constitutes 'good faith' in reporting a court case?
What constitutes 'good faith' in reporting a court case?
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You do not have to leave out anything the jury has heard in court as part of the evidence.
You do not have to leave out anything the jury has heard in court as part of the evidence.
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What is required when publishing a report according to the Section 4 defence?
What is required when publishing a report according to the Section 4 defence?
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If the hearing has been __________, this indicates that the case is not yet over.
If the hearing has been __________, this indicates that the case is not yet over.
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What should a reporter do if comments are allowed under active cases?
What should a reporter do if comments are allowed under active cases?
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Study Notes
Contempt of Court Defences
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Prejudice to Active Proceedings Defence: A valid defence is available if potentially prejudicial information was reported, but a valid reason/excuse existed. Police appeals for help are an example.
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Attorney General Precedent: In 1981, the Attorney General established a precedent allowing reports of police appeals for help in apprehending suspects without fear of prosecution, even if the case was ongoing.
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Arrest of Wanted Person: The defence of prejudice to active proceedings disappears when someone is arrested, and normal contempt service resumes. Information about the suspect should no longer be included.
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Innocent Publication Defence (Section 3): A defence where a reporter acted in good faith, covering a news story, but the reporting (in this case about armed robbery) prejudiced active proceedings. The fact that the suspects were arrested after the story's publication, but before the paper hit the streets meant the reporter's publication prejudiced active proceedings.
Contemporary Reports Defence (Section 4)
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Fair and Accurate Reporting: A defence allowing fair and accurate reporting of a court case held in public, published contemporaneously.
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"Good Faith" Reporting: The report must be in good faith (not intended to harm active cases)
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No Court Order Prohibition: Essentially, the court hasn't issued an order forbidding the reporting of information, or the report was published in good faith without knowledge that it was prejudicial.
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Criteria for Section 4: To establish the defence, the defendant must state allegations, claims, facts mentioned during hearings. Only undisputed information should be stated as fact. Clearly state the pleas made by all sides in the case. Indicate that the trial is ongoing (e.g., adjourned, expected to last multiple weeks).
Public Affairs Discussion Defence (Section 5)
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Discussion of Public Affairs: A defence for discussing topics of public interest, provided this discussion isn't overly focused on active cases.
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Merely Incidental Prejudice: If discussing a public interest matter potentially prejudices an active case, but the prejudice is merely incidental, the discussion is likely protected.
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Examples of Public Interest: Public Interest topics include various crime classifications such as general crime, sexual crimes, juvenile crime, burglaries, and terrorism. However, the topics must not deal with matters that are very specific to an active case.
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Description
This quiz explores the various defences against contempt of court, including the Prejudice to Active Proceedings Defence and the Innocent Publication Defence. Key historical precedents, such as the 1981 Attorney General ruling, will also be examined. Test your understanding of these legal concepts and their implications.
