Contempt of Court PDF

Contempt of court Think back to the key principles of British justice: - Innocent until proven guilty - Right to a fair trial (No trial by media) Put simply…Contempt of Court is there to prevent you publishing material which could cause an unfair trial Two types of contempt: - common la...

Contempt of court Think back to the key principles of British justice: - Innocent until proven guilty - Right to a fair trial (No trial by media) Put simply…Contempt of Court is there to prevent you publishing material which could cause an unfair trial Two types of contempt: - common law (mainly to do with how someone behaves inside or outside court) - the Contempt of Court Act 1981 (contempt by publication) Common law contempt - Publishing material intending to create a substantial risk of serious prejudice or impediment to a case which are imminent or pending - Trying to find out, or disclosing, what went on in a jury room - Interviewing/photographing juror - Misbehaving in court - Taking or publishing pictures, film or audio in court - Vilifying a witness or the pestering – or molestation – of defendants, witnesses and jurors - Ignoring/breaking a court order Today we are focusing on…. Contempt of Court Act 1981: For journalists/publishers to be prosecuted for contempt, it has to be shown that proceedings were active at the time of publication and the published material created a substantial risk of serious prejudice or impediment to proceedings. Make a note of active / substantial risk / serious prejudice – we will now explore these in detail - Contempt is probably the most dangerous of all the laws in terms of your reporting rights and restrictions. - Contempt covers criminal and civil cases, and also pre-trial, as well as trial reporting. - Breaching it is a criminal offence and carries a maximum of two years’ jail and/or an unlimited fine - It is the only serious criminal offence punishable without trial by jury It is a Strict Liability offence – this means what you intended is irrelevant. It is no defence to say I made a mistake; the law is judging your effect, not your intent. So, who can initiate proceedings for contempt by publication? proceedings for contempt may be taken by crown courts, higher courts, the attorney-general or someone with the attorney-general’s consent. magistrates’ courts cannot initiate proceedings for contempt by publication and must refer cases to the attorney-general for action in the high court (queen’s bench division). Contempt of Court Act 1981: When do criminal proceedings become “active”? Warrant for arrest is issued Arrest is made – remains active while on police bail and/or released under investigation Summons is issued Orally charged at the police station or a document specifying the charge is served on the accused For journalists/publishers to be prosecuted for contempt, it has to be shown that proceedings were active at the time of publication and the published material created a substantial risk of serious prejudice or impediment to proceedings. So, how long does it remain active? Who is at substantial risk of being prejudiced Strict Liability under Contempt of Court Act 1981: For journalists to be prosecuted for contempt, it has to be shown that proceedings were active at the time of publication and the published material created a substantial risk of serious prejudice or impediment to proceedings. What does substantial risk mean? Is there a great risk that the published material will reach the people in a case who must remain unprejudiced or uncontaminated? Who should remain free from influence or prejudice in a court case? Jurors ***** Witnesses **** Judges cannot be influenced What can cause serious prejudice to a jury (or potential juror)? - Linking the defendant in any way with a crime (other than saying that he/she is arrested for it) until the evidence is given in court - Previous convictions - Reporting evidence that might not be put before the jury - Publishing any very negative (bad character) or very positive information about a defendant or his/her lifestyle - Anticipating or influencing the verdict in any way - Publishing anything said in court while the jury was out (unless said again later in front of them) - Ryan Ward vs Daily Mail Courts Act 2003 allows the courts to recover wasted costs of re-trial from a third party where the ‘serious conduct’ of that third party affects a case. Page 320 McNae’s Key point to remember: If someone has pleaded GUILTY or has been FOUND GUILTY of all charges, then there’s no issues with contempt What would cause serious prejudice to witnesses? - Publishing a witness's detailed account after a case becomes active. There are two reasons: - The witness feels obliged to stick with their original statements and therefore will not retract or modify it after further reflection because it’s already been published - The witness evidence might not feature in the trial – but jurors or other witnesses might have read it or heard about it What would NOT cause serious prejudice? - Any information which does not seriously influence the way the jury/a witness thinks about the case - e.g. innocent background/common ground information that will not be disputed by prosecution or defence - Anything said in open court as part of a trial (eg: in front of the jury – if they have heard it they can’t be prejudiced by seeing it in the media later) - Remember, you can name the defendant and give some general background, so long as none of the details suggest that this person actually committed the crime.