1. MAC 273…
Professional Media Practices
Contempt of court

2. Criminal Courts
Major Crown
Offence Court
Magistrates
Court
Minor Verdict
Offence

3. The Open Court Rule
 Lord Hewart 1924:
“Justice must not only
be done, but should
manifestly and
undoubtedly be seen
to be done.”
 But there are
restrictions…..

4. ...but there are restrictions on the
media
 Courts can sit ‘in camera’ if in the interests of justice or
national security.
 Reporting mustn’t disrupt natural course of justice:
 not prejudicing juries or victims (present & future)
 protecting juveniles under 18 (criminal cases and
applications for custody, guardianship or wardship)
 Protecting confidential information and information
received ‘in confidence’

5. Where Contempt Applies
 Reporting active court cases or legal proceedings
 Discussing current cases or alleged criminals
 Programmes or news about cases, the police or courts
 Matters concerning the judiciary
 Court cases, tribunals, juveniles, victims of sexual
offences

6. Contempt of Court
 something which
 creates a serious risk of substantial prejudice or
impediment to particular proceedings, or
 when proceedings are active
 or that...
 interferes with justice
 breaches a court undertaking/order/injunction
 seeks to discover private jury discussions or payment for
witness stories

7. In short the law exists because…
 It's based on the idea that we can create the conditions
for a fair trial by denying the public certain facts. And
it holds back those facts from all 60 million of us in
this country because 12 of us will be jurors.
 BBC College of Journalism

8. Proceedings are active when…
 Someone is arrested  Remember…
 A warrant is issued for  Police statements are
arrest covered by privilege but
you need to check if the
 A summons has been
circumstances have
issued
changed and
 Someone is orally proceedings become
charged “active”

9. Contempt of Court Act 1981
 Action usually taken by Attorney General
 Types:
 Strict Liability – reporting where case is active
 Scandalous attacks – on the judiciary
 Conduct other than publication
 Breach of an order

10. Relevant Sections of the Act
 Section3:
 A defence of not knowing proceedings were active
 If reasonable care has been taken
 Section 4:
 Delaying orders of open court reports
 Section 5:
 Discussion of public affairs during active proceedings
 Section 11:
 Banning orders on naming victims or offenders

11. What could be contempt?
 Obtaining or publishing details of jury deliberations
 Reporting of court proceedings in defiance of a court order or reporting
restrictions, particularly committal proceedings
 Anticipating the course of a trial or predicting the outcome
 Publishing details of a Defendant's lifestyle
 Making payments to witnesses
 Filming inside court buildings
 Revealing the identity of victims of sex offences without written consent
which can only be given if over 18 years of age.
 Reporting proceedings concerning ward ship, adoption, other children related
hearings. Mental Health Act applications and national security.
 Reporting criminal proceedings and identifying a child as Defendant, witness
or victim.
 Breaching an injunction obtained against another party.
 accessed via 4docs

12. The police can ask for help
 The press has nothing to whatsoever to fear from
publishing is reasoned terms anything which may
assist in the apprehension of a wanted man and I hope
that it will continue to perform this public service
 The Attorney General (1981)
 BUT THIS ONLY APPLIES UP TO THE POINT THAT
A PERSON IS FOUND AND ARRESTED

13. Implications for broadcasters
 Rock FM, Preston 1999  Broadcasting
 “The Harold Shipman trial .... we have got to be information the jury
delicate because it is on-going ... I am supposed to be
delicate, but I really don’t care ... Harold Shipman’s wouldn’t hear during a
trial is going into its umpteen month (at which point
the traffic announcer was heard saying in the trial
background “guilty”) ... innocent until proven guilty of
course because that’s the way it works in this land. It’s
innocent until proven guilty as sin ... put us tax payers  Running old news
out of our misery because we are paying for this -
admit to it - it’s a fair cop - you’re caught red- stories, when arrests
handed, be done with it.
 The Judge said it was…. have been made
 “about as irresponsible a piece of
broadcasting as I have ever heard... By
saying the words ‘I have to be delicate’ you
made it perfectly clear that you knew you Beacon FM, Shropshire, 2003
shouldn’t mention any kind of words like
that”.

14. Ipswich Murders
 "Depending on the circumstances and
information, this could include speculation or
information relating to suspects' connections or
other activities, or details of their background. In
particular, the attorney general urges all parties to
take note of the risks in publishing material that
asserts or assumes, expressly or implicitly, the
guilt of any individual."
 Note from Lord Goldsmith to the media, 2006

15. Risks
 Wasted Courts order
 Courts Act 2003 powers to judges and magistrates
 Differences under Scottish Law
 Where identification is an issue
 Fine
 Against individual
 Against the broadcaster/producer/editor/etc

16. Defences
 Innocent publication (Section 3)
 Fair, accurate and contemporary reporting where
restrictions are not in place (Section 4)
 “A publication made as or as part of a discussion
in good faith of public affairs or other matters of
general public interest is not to be treated as
contempt of court under the strict liability rule of
the risk of impediment is merely incidental to the
discussion”
Section 5 of the Contempt of Court Act

18. MAGISTRATES COURTS ACT 1980
 identity of court, names of magistrate
 names, addresses & occupations of parties &
witnesses.. and ages of accused & witnesses
 offence or offences or a summary of them
 names of counsel or solicitors
 any decision of the court to commit the accused for
trial or not to commit and to which crown court
 whether bail was granted and conditions (if any)
 if hearing was adjourned,

19. Restrictions always apply to…
 Rape Cases
 Sexual Offences (Amendment Act 1976) introduced
anonymity (for life) victims in rape cases and most
sexual offences
 But… Criminal Justice Act 1988 section 158: says you can
identify anyone CHARGED with RAPE
 Juveniles (Under 18’s)
 Youth courts closed to public reporting is
automatically restricted and any case involving the
under 18’s

20. Injunctions…
 Injunction (n): “A remedy whereby the court orders a
defendant to do, or refrain from doing, a certain thing.
 Super injunction (n): an injunction which prohibits
the reporting of its own existence.
 Given to prevent a breach of confidence
 Breaching an injunction is a Contempt of Court

21.  It is against the law for us to tell you who killed
Baby P Baby P, although we know, and even though they
have now been convicted of the crime in the
British courts. One of them is his own mother, a
27-year-old from north London, but we cannot
 Children and Young legally identify her any further. Another is his
mother's boyfriend, a 32-year-old who lived with
Persons Act 1989 her in their publicly provided house in the
Haringey Council area, but we cannot identify
 Contempt of Court Act him any further, either. The third, like the others
convicted of causing or allowing the death of a
 Section 4 (2) child, is another man, age 36. He at least can
legally be identified as Jason Owen, but we
cannot disclose why he lived in the house or what
exactly his relationship was to the other people in
the house, or even whether Jason Owen is his real
or only name, although we know. We cannot even
disclose Baby P's real name, even his first name,
although we know that too.
 Newsweek – 20/11/2008

22. When the judge lifts restrictions
as a deterrent
© BBC News

23. Raoul Moat