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 (B)

    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.

    <p>two</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>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</p> Signup and view all the answers

    Who can initiate proceedings for contempt by publication?

    <p>Crown courts (D)</p> Signup and view all the answers

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

    <p>False (B)</p> Signup and view all the answers

    What is the maximum fine for breaching contempt of court?

    <p>Unlimited</p> Signup and view all the answers

    Contempt covers both ______ and civil cases.

    <p>criminal</p> Signup and view all the answers

    What is NOT a form of common law contempt?

    <p>Publishing prejudicial material after a trial (B)</p> Signup and view all the answers

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

    <p>Proceedings were active at the time of publication (A)</p> Signup and view all the answers

    Judges can be influenced by published material during a trial.

    <p>False (B)</p> Signup and view all the answers

    What can cause serious prejudice to witnesses?

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

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

    <p>arrest</p> Signup and view all the answers

    Match the terms to their definitions:

    <p>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</p> Signup and view all the answers

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

    <p>Risk the material will reach unprejudiced individuals (D)</p> Signup and view all the answers

    If someone pleads guilty, there are issues with contempt.

    <p>False (B)</p> Signup and view all the answers

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

    <p>Linking the defendant to the crime before evidence is presented.</p> Signup and view all the answers

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

    <p>third</p> Signup and view all the answers

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

    <p>Publication of a defendant's character references (A)</p> Signup and view all the answers

    Flashcards

    Innocent until proven guilty

    The principle that a person is considered innocent until proven guilty in a court of law.

    Right to a fair trial

    The right to a fair trial free from undue influence or prejudice, especially from media coverage.

    Contempt of Court

    Legal action taken against someone who publishes material that could potentially prejudice or obstruct fair proceedings.

    Common law contempt

    A type of contempt of court primarily related to behavior inside or outside of courtrooms.

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    Contempt of Court Act 1981

    Contempt committed by publishing materials that can influence the outcome of a trial.

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    Strict Liability offense

    A legal offense where the intention is irrelevant; the act of publishing is what matters.

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    Active proceedings

    Legal proceedings are considered 'active' when they are actively ongoing, from the initial phase to the final verdict.

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    Substantial risk of serious prejudice

    The potential to cause harm or prejudice to a trial's outcome, including the risk of influencing a jury.

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    Impediment to proceedings

    The ability of published material to actually interfere, impede, or obstruct the course of justice.

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    Serious prejudice

    The power of a publication to seriously harm the fairness or integrity of a trial process.

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    Warrant for Arrest

    A formal document issued by a court that authorizes the arrest of a person.

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    Formal Charge

    A stage in criminal proceedings where the accused is officially charged and formally informed of the allegations against them.

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    Substantial Risk of Prejudice

    In Contempt of Court, this refers to the potential harm caused by a publication to the fairness of a court case.

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    Jurors

    Individuals who are chosen to listen to evidence and decide on the guilt or innocence of the accused.

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    Witnesses

    Individuals who provide evidence or information to the court.

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    Serious Prejudice to a Jury

    Any information that might unfairly prejudice the jury or influence their judgment.

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    Wasted Costs of Re-trial

    The court's ability to recover costs from someone who caused a case to be retried due to their actions.

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    Contempt After Guilty Plea

    Once a person has admitted guilt or been found guilty of all charges, there is no longer a risk of contempt of court.

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    Witness Testimony & Contempt

    Sharing a detailed account of a witness's testimony after a trial has become active can be considered contempt of court.

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    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.

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