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