1 CONTEMPT OF COURT ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law’ Art 6 ECHR

2 VARIETIES OF CONTEMPT Strict Liability Contempt Deliberate Contempt (Common law Contempt) Inquiring into Jury deliberations Disobedience of a court order

3 PURPOSE OF CONTEMPT To preserve the integrity of the court and legal process rather than safeguarding the dignity of the court. ‘The law of contempt is based on the broadest of principles, namely that the courts cannot and will not permit interference with the due administration of justice. It’s application is universal.’

THE LAW COMMISSION Contempt law was reviewed by the Law Commission Consultation closed 5 th Oct 2012 Several reports have been published Crime & Courts Act 2013 abolished ‘Scandalising the court’ as an offence Various recommendations have been made in reports. Not all taken up. 4

5 STRICT LIABILITY CONTEMPT Created by Contempt of Court Act 1981 No need to prove intent to secure conviction Examples: publishing defendant’s previous convictions Publishing certain details of criminal trials Publishing defendant’s photograph Current ‘problems’ – internet/tweeting/mobile phones

6 SOME USEFUL CASES Att-Gen v MGN Ltd [2011] EWHC 2074 (Admin) – Jo Yeates Landlord arrest Att-Gen v Associated Newspapers & News group [2011] EWHC 418 [Admin] – online pictures of accused

7 THE CRITERIA Prosecution must show: There is a publication It must create a substantial risk that the course of justice in particular proceedings will be seriously impeded or prejudiced The proceedings are ‘active’

8 ‘substantial risk of serious prejudice’ What does ‘substantial’ mean? No positive definition – mostly negative – ‘not insubstantial’, ‘not minimal’, ‘a risk….not merely remote’ main concern is the effect of material on the jury and the possible verdict. Judges considered to be immune BUT some cases have been brought in respect of reporting appeal trials

9 SOME CONSIDERATIONS The medium used – TV, national newspaper, local newspaper? Once a substantial risk is made out the prosecution must show the effect of the material will be SERIOUS. See the 10 Guiding principles from Att- Gen v MGN & Others [1997] Hat Trick Productions Case (Maxwell)

10 ACTIVE PROCEEDINGS What is ‘active’? Examples: If a person is arrested A warrant has been issued for arrest Summons has been issued Person charged orally Inquest has been opened

11 DEFENCES 1. FAIR & Accurate & contemporaneous reporting of legal proceedings - no malice 2. Innocent distribution OR publication – note differences Distribution – requires an honest belief that material not in contempt Publication – not as wide – burden on publisher 3. Discussion in good faith on public affairs (s.5)

12 DISCUSSION OF PUBLIC AFFAIRS An important defence introduced prior to the Act in 1979 – Thalidomide case ‘A publication made as or as part of a discussion in GOOD FAITH of public affairs is not to be treated as contempt of court under the strict liability rule if the risk of impediment or prejudice to particular legal proceedings is merely incidental to the discussion’ Burden of proving ‘bad faith’ falls on prosecution.