contempt of court

happens when someone risks unfairly influencing a court case. it may stop somebody from getting a fair trial & can affect the trial’s outcome

e.g. jury deliberations - disclosure of information, unreasonable behaviour in court, newspapers prejudicing a fair trial

~ Sunday Times v UK - a UK injunction against publishing an article on thalidomide children violated A10, as it was not "necessary in a democratic society”

  • Contempt of court Act 1981

~ s1 - does the article threaten a particular case

~ s2(3) - is the article written in the active period

criminal cases - active from time of arrest until verdict - reactivates if theres an appeal

civil cases -

~ s2(2) - does the article create a substantial risk of serious prejudice to the trial / case - factors:

. words used

. proximity of the article to the trial

. pictures used

. profile of the person named in the article

. circulation

AG v News Group Newspapers -

media prejudicing a fair trial

  • AG v English - The court emphasised that the right to a fair trial is paramount and that the media must exercise restraint in reporting on ongoing trials to avoid prejudicing the jury

contempt of court is there to strike a balance between:

  1. a persons right to be treated fairly in court

  2. a journalists right to report what is happening in the world