Mark Hanna Contempt of Court lecture slides

1. Understanding Contempt of Court

  • Definition: Law protecting the justice process by deterring and punishing actions that interfere or create a risk of interference with court proceedings.

  • Purpose: To ensure fairness in court outcomes and promote trust in the justice system.

2. Grounds for Contempt

  • A court can rule a person or organization in contempt if they:

    • Have seriously interfered with justice.

    • Created a real risk of such interference.

  • Termed "committed a contempt" when a court issues a ruling.

3. Types of Contempt

3.1 Common Law Contempt

  • Requires proof of intent to interfere with justice, which can be:

    • Deliberate intention: Actions were taken with the express desire to cause interference.

    • Foreseeable risk: The individual should have predicted that their actions would lead to such interference.

3.2 Statutory Contempt (Contempt of Court Act 1981)

  • Actions may lead to contempt if published material:

    • Creates a substantial risk of serious prejudice to active cases.

4. Punishments for Contempt

  • Individuals can face:

    • Up to two years in jail and/or fines (no statutory limits).

  • Organizations can also face unlimited fines.

5. Examples of Behaviors Leading to Contempt

  • Disruptive behavior in court.

  • Failure to obey court orders.

  • Publication of prejudicing material related to ongoing trials.

6. Noteworthy Cases of Contempt

6.1 Disruptive Behavior

  • Teenager jailed for disruptive antics (farting in court).

6.2 Assault on Judge

  • Paul Graham, fitness instructor, jailed for assaulting a judge after his brother's sentencing.

6.3 Media Publishing Issues

  • Daily Mail and The Sun fined for prejudicial images influencing trial outcomes.

  • ITV Central fined for broadcasting negative information about a accused during an active trial.

7. Responsibilities in a Courtroom

  • Behaviors expected from those present:

    • Maintain respect, remain quiet, and follow judicial orders.

  • Actions leading to instant consequences, possibly including removal or detention.

8. Legal Restrictions on Media

8.1 Interviewing Participants

  • Journalists should not:

    • Interview jurors during trials.

    • Photograph or film jurors.

  • Even post-trial inquiries could have legal ramifications.

8.2 Defending Publications

  • Strict Liability Rule: No intent required to constitute contempt under the 1981 Act; focus is on the potential risk created.

9. Types of Prejudical Material Identified

9.1 Identifying Suspects

  • Detailed descriptions, photos, or footage of suspects can lead to contempt if they risk influencing a jury or impeding justice.

9.2 Linking Accusations

  • Avoid suggesting guilt before a trial through direct affiliates with crimes or previous convictions.

9.3 Witness Influence

  • Publicizing potential risk to witnesses can be classified as contempt due to intimidation or discouragement from testifying.

10. Conclusion

  • Understanding contempt of court laws is crucial for journalists to navigate legal boundaries and avoid jeopardizing trials.

  • Ongoing education on updates in contempt laws and case studies is necessary to uphold journalistic integrity in reporting.