By: Mumeena Begum

 Contempt of Court is illegal behaviour that interrupts the administration of justice.  An example of Contempt of Court can be revealing an individuals identity when you are under a duty not to do so. This could be a case involving a super injunction which protects the individual’s privacy.  Another example is when jurors are deliberating in the jury room, the information discussed must be kept confidential and should not be discussed with anyone outside of the court room.

 Publishing photographs can be contempt by publication. This has been the situation in criminal cases where the witness has not clearly identified the suspect.  Section 41 of the Criminal Justice Act 1925, prohibits taking photographs in court ‘…or attempt to make any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court…’

 A case involving publication of a photograph can be seen in AG v Associated Newspapers Ltd and Newsgroup Newspapers Ltd [2011] EWHC 418.  Mail Online published an article with a picture showing Ryan Ward holding a gun. The Sun had used the same picture, but it had been cropped. However, it showed him holding the gun. The image was later removed.  The newspaper groups were charged with contempt under s.1 Contempt of Court Act  The High Court held: both newspapers were guilty of contempt by publication. This was because there was a substantial risk that a juror would see the photograph and this would effect the outcome.

 This covers media reporting by publication. For example on newspapers, the stories published may be a biased view during a trial.  Social media websites such as Twitter and Facebook could prejudice the public justice.  Some cases attract more media attention than others. This could be cases where a famous person is involved, criminal cases involving serial killers.

 The Daily Mail and The Daily Mirror were found guilty of contempt of court following their articles about Levi Bellfield’s trial and conviction.  Sir John Thomas held: I am sure that each publication did create such a substantial risk of serious prejudice. The allegations of his sexual interest in and depraved conduct to young girls was highly prejudicial to the count that the jury were then still considering. What was set out went way beyond what the jury had been told or what had been broadcast on the preceding evening. I have little doubt that if the jury had not been discharged, there would have been a seriously arguable point that the conviction was unsafe.

 Section 8 (1) of the Contempt of Court Act 1981 states: ‘…it is a contempt of court to obtain, disclose or solicit any particulars of statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations in any legal proceedings.’  Two jurors have been found guilty of misusing the internet during a court trial. Kasim Davey posted on Facebook about a sex offences prosecution. Joseph Beard researched a fraud case he was sitting on and discussed this with other jurors.  It was held that there was a risk that juries may decide to acquit or convict based on information found on the internet.  Mr Justice Sweeney and Sir John Thomas stated "Every attempt is made to try and warn jurors not to use the internet or social networking sites for any purpose in relation to the case.  contempt-court-internet contempt-court-internet

 S.9 prohibits the use of tape recorders in court. However, this section was amended by s.31 of the Crime and Courts Act 2013 which allows for the recording in the Supreme Court.

 Section 4 (1) of the Contempt of Court Act 1981states: ‘…a person is not guilty of contempt of court under the strict liability rule in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith.’

 The UK courts are open to the public and therefore, follows the open justice principle.  There are exceptions in some family law cases and cases where national security is a concern.  The open justice principle is sometimes restricted for a fair trial (Article 6 ECHR), also, to protect children and victims of sexual offences.

 Reporting restrictions on proceedings in the Youth Court s.49 Children and Young Persons Act  Children and young persons under the age of 18 s.39 and s.49 Children and Young Persons Act  Victims of sexual offences Schedule 2 s.7 Youth Justice and Criminal Evidence Act 1999

 Schedule 2 Youth Justice and Criminal Evidence Act 1999 s.7 (3A):  (a) the person’s name,  (b) the person’s address,  (c) the identity of any school or other educational establishment attended by the person,  (d) the identity of any place of work, and  (e) any still or moving picture of the person.”

 The defendant was found guilty of five counts of rape and four counts of breaching a restraining order. The trial had taken place in open court and the case had been listed under the defendant's full name.  The judge made an order under s.4 of the Contempt of Court Act 1981 imposing an indefinite prohibition on the publication of 'anything relating to the name of the defendant which could lead to the identification of the complainant.  There was no power which vested a judge with jurisdiction to make an order that a defendant should be given anonymity, even when the purpose of the order was to protect the anonymity of the complainant, which could be read into the 1992 Act.  We are not here concerned with the kind of extreme case where the identification of the defendant would imperil his life or safety or that of his family

 Section 39 of the Children and Young Persons Act 1933 was discharged on the ground that s.39 was inapplicable to the case.  The newspapers were not, therefore, prevented in reports of the criminal trial from publishing the identity of the mother or of the deceased child, or photographs of them.  The judge had correctly analysed the case in accordance with the provisions of the Convention. Given the weight traditionally given to the importance of open reporting of criminal proceedings it was appropriate for him, in carrying out the balance required by the Convention, to begin by acknowledging the force of the argument under art 10 before considering whether the right of the child under art 8 was sufficient to outweigh it.

 Criminal contempt undermines the administration of justice. The individual found guilty of criminal contempt will have to pay a fine and imprisonment.  Civil contempt is disobeying court orders. The punishment for civil contempt is sanctions.

 Section 3 Contempt of Court Act 1981 Defence of innocent publication or distribution.  (1) ‘A person is not guilty of contempt of court under the strict liability rule as the publisher of any matter to which that rule applies if at the time of publication (having taken all reasonable care) he does not know and has no reason to suspect that relevant proceedings are active.’  (2) ‘A person is not guilty of contempt of court under the strict liability rule as the distributor of a publication containing any such matter if at the time of distribution (having taken all reasonable care) he does not know that it contains such matter and has no reason to suspect that it is likely to do so.’

 Section 4(1) Contempt of Court Act 1981 (1) ‘Subject to this section a person is not guilty of contempt of court under the strict liability rule in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith.’

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