Restrictions, including those restrictions permitted by the European Convention on Human Rights Duty of Confidentiality Contempt of Court.

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Presentation transcript:

Restrictions, including those restrictions permitted by the European Convention on Human Rights Duty of Confidentiality Contempt of Court

Objectives Define contempt of court Explain the provisions of the Contempt of Court Act 1981 with particular reference to sections 1, 2(2), 2(3) and 5 Apply the law of Contempt of Court to given cases

Contempt of Court What forms can contempt of court take? Examples include: Jury deliberations – disclosure of information Unreasonable behaviour in court Newspapers prejudicing a fair trial - effect on jury

Contempt of Court Newspapers/ Media prejudicing a fair trial Contempt of Court - criminal offence No statute prior to 1981.Test before 1981– possibility of prejudice Sunday Times v UK (1981) Contempt of Court Act 1981

Contempt of Court Newspapers/ Media prejudicing a fair trial Contempt of Court Act 1981 Section 1 – does the article(s) threaten a particular case? Section 2(3) – is the article written in the active period? Criminal cases – active from time of arrest until verdict. Reactivates if an appeal Civil cases active once listed for trial

Contempt of Court Newspapers/ Media prejudicing a fair Trial Contempt of Court Act 1981 Section 2(2) - does the article create a substantial risk of serious prejudice to the trial/ case? What factors can create a substantial risk of serious prejudice?

Contempt of Court Newspapers/ Media prejudicing a fair trial What factors can create a substantial risk of serious prejudice? Words used Proximity of article to trial Pictures used Profile of the person named in the article Circulation etc.

Contempt of Court Newspapers/ Media prejudicing a fair trial Section 2(2) – does the article create a substantial risk of serious prejudice to the trial/ case? Both limbs of the test must be proven – AG v News Group Newspapers (1987) (Ian Botham case). See also: AG v Hislop and Pressdram (1991) AG v Independent TV News and Others (1985) Woodgate & Bowyer (2001) – The Sunday Mirror had to pay £175 000 for printing information which could have affected the trial of Leeds United footballers Jonathan Woodgate and Lee Bowyer. And the whole court case had to be re-run.

Contempt of Court Newspapers/ Media prejudicing a fair trial Section 5 - is it written in the public interest? AG v English (1985) Attorney General determines whether there will be a prosecution

Contempt of Court Why have a law about contempt? It's there to strike a balance between: A person's right to be treated fairly in court A journalist's right to report what is happening in the world

Test yourself When was the Contempt of Court Act passed? What are the active periods? What test is found in section 2 (2) of the Contempt of Court Act? Is there a defence of public interest? What balance does the law of contempt of court attempt to strike?