Contempt of Court

Maria O'Dempsey
Flashcards by , created over 6 years ago

Court Reporting (Contempt of Court) Flashcards on Contempt of Court, created by Maria O'Dempsey on 04/17/2013.

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Maria O'Dempsey
Created by Maria O'Dempsey over 6 years ago
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Question Answer
Section 9 Recording restrictions - Banned from taking in/using tape recorder or make a recording - Contempt to b'cast audio - Common Law Contempt: Photography/sketches/other recording in & around court property/precinct - Covered by Criminal Justice Act 1925
Section 8: Confidentiality of Jury deliberation - Contempt to disclose statements made by members of the jury
Defence - Privilege: Providing no court postpone report of full/part of proceedings - Journos will not be in coc when covering court hearing in public & report is FAC & in good faith
Section 4 - Postponement: some matter should not be published for a set period of time to not create SROSP
Section 11 - Complete ban: prohibiting publication of details from ever being published where justice requires it
Substantial Risk - Info derogatory of accused linking directly to crime - Photo ID an issue - Further the trial, geographically & time; less risk - OVP: 2004 Daily Star fined £60,000 ID two premiership footballers q'd over gang rape in London ID an issue
Courts Act 2003 - Courts can force media to pay full costs of trial is trial is prejudiced - Media can challenge & appeal under A10 of ECHR - OVP: Rosemary West appealed convictions, argued that media coverage did not give fair trial: rejected, jury asked only to act on evidence in court