Contempt of Court Overview

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Questions and Answers

What does contempt of court aim to prevent?

Trial delays

Pre-trial detention

Unfair trial due to publication of material (correct)

Access to legal representation

Common law contempt only pertains to behaviors inside the courtroom.

False

What is a Strict Liability offence?

An offence where intent is irrelevant and the effect of the action is assessed.

A breach of contempt of court can result in up to ______ years' imprisonment.

two Signup and view all the answers

Match the following terms with their definitions:

Common Law Contempt = Behavior inside or outside court affecting fairness Contempt of Court Act 1981 = Legal framework for contempt by publication Active Proceedings = When criminal cases are ongoing and potentially influenced Strict Liability = Offence judged by the action's effect, irrespective of intent Signup and view all the answers

Who can initiate proceedings for contempt by publication?

Crown courts Signup and view all the answers

Proceedings for contempt by publication can be initiated by magistrates’ courts.

False Signup and view all the answers

What is the maximum fine for breaching contempt of court?

Unlimited Signup and view all the answers

Contempt covers both ______ and civil cases.

criminal Signup and view all the answers

What is NOT a form of common law contempt?

Publishing prejudicial material after a trial Signup and view all the answers

What must be shown for journalists to be prosecuted for contempt?

Proceedings were active at the time of publication Signup and view all the answers

Judges can be influenced by published material during a trial.

False Signup and view all the answers

What can cause serious prejudice to witnesses?

Publishing a witness's detailed account after a case becomes active. Signup and view all the answers

A warrant for _____ is issued when someone is to be arrested.

arrest Signup and view all the answers

Match the terms to their definitions:

Strict Liability = Responsibility without intention Contempt of Court = Disrespecting the authority of the court Summons = Notice to appear in court Prejudice = Preconceived opinion not based on reason Signup and view all the answers

What is required to establish 'substantial risk' in contempt cases?

Risk the material will reach unprejudiced individuals Signup and view all the answers

If someone pleads guilty, there are issues with contempt.

False Signup and view all the answers

What is one action that can cause serious prejudice to a jury?

Linking the defendant to the crime before evidence is presented. Signup and view all the answers

The Courts Act 2003 allows recovery of wasted costs from a _____ party.

third Signup and view all the answers

Which of the following is an example of material that could influence a juror?

Publication of a defendant's character references Signup and view all the answers

Study Notes

Contempt of Court

British justice principles include innocent until proven guilty and fair trial rights, preventing media influence.
Contempt of Court prevents publication of material that could harm a fair trial.
Two types: common law (conduct inside/outside court) and the 1981 Act (publication contempt).

Common Law Contempt

Publishing material intending to harm a pending case (imminent prejudice).
Trying to discover or disclose jury room discussions.
Interviewing/photographing jurors, or misbehaving in court.
Publishing photos/videos in court, vilifying witnesses or pressuring defendants/witnesses.
Ignoring or breaking a court order.

Contempt of Court Act 1981

Proceedings must be active when publication occurs.
Published material must create a substantial risk of serious prejudice to proceedings.
Journalists face prosecution only if these conditions are met.

Act 1981 Details

Active proceedings mean legal processes are underway (arrests, summonses, etc.).
Active periods remain so long as appeals aren't successful, so appeals that happen later may cause issues again.
The law is strict liability, so intent doesn't matter, only the impact.

Who Can Initiate Proceedings?

Crown courts, higher courts, attorney general, or by consent.
Magistrates' courts cannot initiate; they refer such cases to higher courts (Queen's Bench division).

When Proceedings Become Active

Warrant for arrest issued.
Arrest made (active until bail/released).
Summons issued.
Orally charged at station/document serving (accused).

Substantial Risk/Serious Prejudice

Potential prejudice to people involved in the case (e.g., jurors, witnesses).
Potential prejudice includes jurors or witnesses influenced and are not free of influence.
Contempt covers criminal, civil, and pre-trial, as well as trial reporting.
Breaching Contempt is a criminal offence with a maximum penalty of two years imprisonment and/or an unlimited fine.

What to Consider

Linking a defendant to a crime potentially prejudices the situation.
Previous convictions or negative lifestyle details may cause prejudice
Prejudiced judgments due to anticipation or influencing a verdict are not permissible.
Information stated in court when a jury is not present generally cannot be used or shared with others without the jury present; only media reports present in court are permissible.
Courts Act 2003 allows courts to recover wasted costs of retrials from third parties.

What Does Not Cause Serious Prejudice

Information unrelated to impacting the case positively or negatively; e.g., common background, innocent information, etc.
Statements made in court during trial periods (juries present).
Generally giving the background details about a defendant without suggesting or insinuating they committed the crime.

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Description

This quiz explores the principles of contempt of court under British law, including common law and the Contempt of Court Act 1981. It examines how these principles protect the fairness of trials and the publication restrictions that apply to journalists. Test your understanding of these legal concepts and their implications in court proceedings.