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NCTJ Media law and regulation lecture notes
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Essential lawContempt of court - part one
Lecture given by Ian Barnsley
An accused person as ‘the right to betrayed only on the evidence that is put before
the court. If other information starts to leak in, that pollutes the system of justice’.
Contempt of court is a criminal offence that can land those that commit it, on
purpose or by accident , in jail.
The maximum sentence for contempt of court is two years in prison but it
can also be punished with an unlimited fine.
How does it work?contempt of court stops anyone, including the media from
interfering, obstructing, undermining, abusing the courts
Contempt tried to strike balance between;
An individuals right to a fair trial, (ECHR article 6)
And
The media’s freedom of speech (ECHR article 10)
How does it affect journalists?
• contempt of court stops you interfering with the work of the courts and the right
to a fair trial
• This includes covering of initial stages of crime stories (common law contempt)
• And reports of crime stories when proceedings become ‘active’ and are heading
for court.
Publishing reports with the intention of creating substantial risk of serious
prejudice to ‘imminent or pending’ legal proceedings remember SRSP.
Intentional publication to harm/interfere with/persuade - the sun on bb
Comment on pieces of court cases
Vilifying a witness
Scandalising the court
Buying up/pestering/stalking to get photo of potential witnesses
Scandalising the court;
• you must not use ‘scurrilous abuse’ of the courts
• You must not accuse the courts of corruption … unless you can prove it.
Dangers under statute;
Contempt of court act 1981 - strict liability offence - on purpose or by
accident you can still be punished.
Any publication when proceedings are active, which creates a SRSP or impediment,
to court proceedings in the UK, will be treated as contempt, regardless of intent.
, Section 1 , COCA 1981 - proceedings are active in criminal cases when-
• A person is arrested
• An arrest warrant is issued
• A summons is issued
• A person is orally charged
At these stages there is a definite prospect of that person facing a trial.
Important recent change - a case deemed by police to be ‘under investigation’
remains ‘active’ even if the police suspect is not on police bail and has not been
charged.
Proceedings become inactive;
In a criminal case when;
• arrested person is released without charge - (except on police bail)
• Defendant is acquitted or sentenced (not convicted)
• No arrest within 12 months of warrant being issued - active again if suspect is
later arrested
• Case is discontinued , eg, charge or summons withdrawn
• Defendant is unfit to be tried or unfit to plead or the charges are allowed to ‘lie on
file’ (case no longer worth pursuing)
Active cases - civil cases
In civil cases;
• when the case is places on a waiting list
• The date is fixed for trial
In inquests;
• when the inquest has been opened
And in appeals;
• the appeal has actually been lodged (you would need to check with court of
appeal for crown cases and crown court office for magistrates cases)
Proceedings cease to be active in civil cases when;
• the case is disposed of
And in appeals when ;
• the case has been disposed of or any new trial is completed
And in inquests when;
• the inquest is closed
Juries
You can be in contempt of the criminal courts or the civil courts.
Juries have no legal knowledge/training - they can easily be influenced by
something they see, hear or read.
But the danger is greater in the criminal courts because it is rare to have juries in
civil cases, but witnesses could still be affected
A lawyer could say be careful about publishing material because of subjudice-
under judgement, which means a case is under judicial consideration and
therefore prohibited from public discussion elsewhere.
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