Contempt of Court

Protects the judicial process
The media can commit contempt by:
1. Seeking to discover or publish the jury's confidential disscussions
2. Breaching common law of contempt e.g Villifying someone
3. Contaiminate a witness's evidence by interviewing them
4. "Publishing material in breach of a court order made in Contempt"
"Substantial risk of serious prejudice or impediment to particular proceedings which are active"
1. When are they active?
  1. Arrested
  2. Charged (oral)
  3. Summons to court
  4. A warrant is issued
  5. An appeal is lodged
The Attrmey General can begin prosecution against you
When are they NOT active?
1. Case is discontinued
2. Released without being charged
3. No arrest after 12 months
4. Aquitted or sentenced
5. Unfit to be tried, unfit to plead or court order the charge to lie on file
6. When the appeal is completed - unless a new trail is ordered
Police Appeals
1. Attorney General stated that: "The media has noting to fear, in reasonable terms, a police appeal for help
2. Can publish a photo, description or warning about the wanted person
Things that could be prejudical
1. Reference to a person previous convictions
2. Info suggesting they are dishonest or of bad character
3. Any evidence seeming to link them to the crime they are suspected of doing
4. Any other suggestion that they are guilty
5. A witnesses detailed account
6. A photograph or footage or physical description
  1. A police identity parade is to be held
  2. A witness is expected to testify on the id.
7. A witnesses detailed account of a event
Section 4
1. "A fair and accurate report published contemporanously and in good faith"
Section 4(2)
1. "The court may, where it appears to be necessary for avoiding a substantial risk of prejudice to the administration of justice in those proceedings"
2. "Or in any other proceedings, pending or imminent: and that the period may be as long at the court thinks necessary for this purpose"
3. Section 5
  1. Protect stories which "are a discussion of ongoing public affairs as long as the risk of prejudice to a particular case is merely incidental"
Section 3
1. "Having taken all reasonable care, he did not know, or had no reason to suspect, that the relevent proceedings were active
Section 11
1. Ban the media from reporting a person's name or other info.
2. Blackmail, secrets, personal safety

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Contempt of Court

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	Created by Chris Harper about 11 years ago