Transcript CONTEMPT OF COURT - Centre for Journalism

CONTEMPT OF COURT
‘In the determination of his civil rights and obligations
or of any criminal charge against him, everyone is
entitled to a fair and public hearing within a reasonable
time by an independent and impartial tribunal
established by law’ Art 6 ECHR
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VARIETIES OF CONTEMPT
• Strict Liability Contempt
• Deliberate Contempt (Common law
Contempt)
• Inquiring into Jury deliberations
• Disobedience of a court order
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PURPOSE OF CONTEMPT
• To preserve the integrity of the court and
legal process rather than safeguarding the
dignity of the court.
• ‘The law of contempt is based on the
broadest of principles, namely that the
courts cannot and will not permit
interference with the due administration of
justice. It’s application is universal.’
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THE LAW COMMISSION
• Contempt law has been under review by
the Law Commission
• Consultation closed 5th Oct 2012
• Several reports have been published
• Crime & Courts Act 2013 abolished
‘Scandalising the court’ as an offence
• Various recommendations have been
made in reports. Not all taken up.
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STRICT LIABILITY CONTEMPT
• Created by Contempt of Court Act 1981
• No need to prove intent to secure
conviction
• Examples: publishing defendant’s previous
convictions
• Publishing certain details of criminal trials
• Publishing defendant’s photograph
• Current ‘problems’ –
internet/tweeting/mobile phones
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SOME USEFUL CASES
• Att-Gen v MGN Ltd [2011] EWHC 2074
(Admin) – Jo Yeates Landlord arrest
• Att-Gen v Associated Newspapers & News
group [2011] EWHC 418 [Admin] – online
pictures of accused
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THE CRITERIA
• Prosecution must show:
• There is a publication
• It must create a substantial risk that the
course of justice in particular proceedings
will be seriously impeded or prejudiced
• The proceedings are ‘active’
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‘substantial risk of serious
prejudice’
•
What does ‘substantial’ mean? No
positive definition – mostly negative – ‘not
insubstantial’, ‘not minimal’, ‘a risk….not
merely remote’
• main concern is the effect of material on
the jury and the possible verdict.
• Judges considered to be immune BUT
some cases have been brought in respect
of reporting appeal trials
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SOME CONSIDERATIONS
• The medium used – TV, national
newspaper, local newspaper?
• Once a substantial risk is made out the
prosecution must show the effect of the
material will be SERIOUS.
• See the 10 Guiding principles from AttGen v MGN & Others [1997]
• Hat Trick Productions Case (Maxwell)
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ACTIVE PROCEEDINGS
• What is ‘active’?
Examples:
If a person is arrested
A warrant has been issued for arrest
Summons has been issued
Person charged orally
Inquest has been opened
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DEFENCES
• 1. FAIR & Accurate & contemporaneous
reporting of legal proceedings - no malice
• 2. Innocent distribution OR publication – note
differences
• Distribution – requires an honest belief that
material not in contempt
• Publication – not as wide – burden on publisher
• 3. Discussion in good faith on public affairs (s.5)
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DISCUSSION OF PUBLIC
AFFAIRS
• An important defence introduced prior to the Act
in 1979 – Thalidomide case
• ‘A publication made as or as part of a discussion
in GOOD FAITH of public affairs is not to be
treated as contempt of court under the strict
liability rule if the risk of impediment or prejudice
to particular legal proceedings is merely
incidental to the discussion’
• Burden of proving ‘bad faith’ falls on
prosecution.
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