CONTEMPT OF COURT

Substantial risk and serious prejudice  The Contempt of Court Act exists to ensure the course of justice is not impeded or perverted and to ensure people have a fair trial.  We are in danger of breaching the Act is we create a “substantial risk of serious prejudice”. And conviction carries a jail sentence!  We are at risk when a case is “active” which means:  A person has been arrested or a warrant for arrest has been issued  A summons is issued  A person is charged orally with a crime

Substantial risk and serious prejudice 2  A case ceases to be active when:  The arrested person is released without charge  There’s no arrest within 12 months of the warrant  The case is discontinued  The person is acquitted or sentenced  He/she is found unfit to be tried  The period between verdict and sentence is technically active but sentence is passed by a judge who is deemed to be “above prejudice”.  The case becomes active again when an appeal is lodged but appeals are heard by judges. It’s very definitely active again is a re-trial is ordered.

So what is “substantial and what is “serious”?  The defendant’s previous convictions or suggestions of his dishonesty or bad character  Any evidence linking him directly with the crime  Any suggestion that he is guilty  Photographs or descriptions may also be a problem  So what can we say?  His name and the charge  Basic details of the crime – facts unlikely to be challenged  Basic background info – his occupation, former school, etc  Tributes, memorials, funerals, etc  REMEMBER – the nearer the trial becomes the more risk you run

So what is “substantial and what is “serious”?  Once a case goes “active” journalists need to exercise great care – including being aware of what interviewees, contributors, phone-in callers, etc, may say  Online is a problem. News websites must take down the “sidebars” which point users to previous stories – they may well now be prejudicial.  Sometimes there is an order to remove the material totally from a website  However…….if somebody wants to find previous stories, they will. There have been examples of jurors searching the web for details of their cases.  The “fade factor” means the nearer the trial, the greater your problems.

Court orders Section 4  We have protection under Section 4 of the Act for our fair, accurate and contemporaneous reports.  “Fair” means balance between prosecution and defence, attributing everything to the person in court who said it, making it clear the case continues.  “Accurate” means we must ensure everything we say in our reports WAS said in court  “Contemporaneous” means at the next available opportunity  Section 4(2) orders are postponing orders. They prevent us from reporting all or part of any case because it may prejudice a future trial.  They also prevent us reporting anything said in the absence of the jury.

Court orders contd  It’s an offence to breach any order passed by a court. The Leeds footballers trial was aborted when a judge’s direct order was ignored in a newspaper report.  We are not allowed to “record” any court proceedings in any way. This includes audio, video, photographs or sketches.  This refers to the “precincts of the court” – usually the public pavement outside is OK for filming and pictures – jury members must never be shown.  And all jury deliberations are confidential – we must never ask for, or report, their opinions on the case, their discussion or arguments or details of votes cast.

Court orders contd Section 11  These allow a court to ban publication of a name – or any other matter  Usually used to protect victims in blackmail cases, matters of national security and commercially sensitive cases  They can’t be made if the name has already been mentioned in open court  They are not just for the “comfort and feelings” of defendants – there must be a “real and immediate risk” if they fear attack or harassment

Court orders contd Section 46 orders  These are lifetime anonymity orders used to protect vulnerable or intimidated adult witnesses  They’re passed if being named would limit their evidence or co-operation in the case due to their level of fear or distress.  They are challengeable on the grounds of serious hampering of our ability to report the case and public interest.  There also exists “special measures” such as giving evidence from behind a screen – these people may not necessarily be anonymous.