LA3 Contempt Of Court

Contempt of court is a strict liability crime. What does this mean?

Who brings a contempt of court case?

Contempt of court was originally governed by common law. What happened?

Which court are contempt cases heard in?

Under which section of the Contempt of Court Act 1981 (COCA) is the strict liability rule?

Contempt by publication is governed by which section of COCA?

Section 2(1) is the first element that needs to be proved in order for a defendant to be guilty. What does it say?

Section 2(3) is the second element of the offence. What does it say?

Section 2(3) is the third element (final) of the offence. What does it say?

What does Section 2(4) refer to?

Summarise the elements of a contempt of court offence.

So what 4 things does the AG have to prove?

Element 1
What is "publication" defined as?

Element 1
What was decided in Re Lonhro Plc 1989?

Can information posted on social media count as a 'publication'?

Element 1
Can online newspapers be guilty of contempt?

Element 1
Can newspapers be guilty for holding potentially prejudicial information in their online archives?

Element 1
What did Clauses 37 and 38 of the Criminal Justice and Courts Bill 2014 aim to do, in relation to material in online archives?

Element 2
What is the second element that the AG has to prove?

Element 2
What is the courts' view on material published in a national newspaper or broadcast on national radio?

Element 2
What happened in AG v Express Newspapers 2005 (Titus Bramble and Carlton Cole footballers case)?

Element 2
What is the key case on determining whether there is a substantial risk of serious impediment?

Element 2
What 3-part test did the Geoff Knights case create?

Element 2
What will the court consider to make an assessment of Part 1 of the test (likelihood of the publication coming to the attention of a potential juror)?

Element 2
What will the court consider to make an assessment of Part 2 of the test (likely impact of the publication on a notional reader)?

Element 2
What will the court consider to make an assessment of Part 3 of the test?
Case examples to use?

What was decided in AG v ITN 1995? What was the 'obiter dicta' statement?

Element 2
What happened in AG v BBC 1996?

Element 2
What happened in AG v ITV Central 2008?

Element 2
What is the theory of the 'fade factor'?

Element 2
Why is there still a particular danger for a paper/broadcast to publish details about a previous conviction?

Element 2
What happened in AG v Unger 1998?

Element 2
What happened in AG v Times Newspapers 1983 (Fagan case)?

Element 2
What happened in AG v The Sun Newspaper 1996 (Ronnie O'Sullivan's mum)?

Element 2
What happened in AG v Associated Newspapers 2011 (Levi Bellfield case)?

Element 3
What is the third element that the AG has to prove?

Element 3
How is "active" defined?

Element 3
When do cases cease to be active?

Element 3
What happened in AG v Newsgroup Newspapers and MGN 2011 (Christopher Jeffries)?

Element 3
What happens if information has been published at different times?

Element 4
What is the fourth element that the AG has to prove?

Element 4
What defence is in Section 4 COCA?

Element 4
What defence is in Section 5?

Element 4
What case example can be used to exemplify the use of a S5 defence?

Element 4
What defence is in Section 3

Common Law Contempt
Is the common law offence of contempt still in use?

Common Law Contempt
Give some examples of the offences of criticising/scandalising the courts?