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PROTECTING A FAIR TRIAL

PROTECTING A FAIR TRIAL. How can the media contribute?. LEGAL PROTECTION. Article 6 ECHR Contempt of Court Act 1981 - Strict Liability Contempt - Common Law Contempt - Rules about juries. Purpose of Contempt law here.

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PROTECTING A FAIR TRIAL

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  1. PROTECTING A FAIR TRIAL How can the media contribute?

  2. LEGAL PROTECTION • Article 6 ECHR • Contempt of Court Act 1981 - Strict Liability Contempt - Common Law Contempt - Rules about juries

  3. Purpose of Contempt law here • 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

  4. e.g. 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

  5. Some examples • Att-Gen v MGN Ltd [2011] EWHC 2074 (Admin) – Jo Yeates Landlord arrest - reaction of some newspapers - contempt • Att-Gen v Associated Newspapers & News group [2011] EWHC 418 [Admin] – online pictures of accused posed a risk • Hat Trick Productions Case – ‘Have I Got News for You’ TV programme

  6. 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’

  7. ‘ACTIVE’ • 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

  8. 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)

  9. 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.

  10. JURIES • 2 main points here – Publishing the deliberations of a jury s.8 1981 Act and Jurors understanding their role e.g. Att-Gen v Fraill – Facebook Case Att-Gen v Dallas – Internet search

  11. Compare 2 Jurisdictions • UK imposes legal restrictions on media organisations ( & others) in order to protect integrity of a trial • USA - are there legal restrictions that compare with those in the UK? • How does the legal system in US deal with any issue of bias on the part of jurors?

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