Semester Two: Law Lecture on Contempt of Court

The main concern of the law is to preserve the integrity of the legal process rather then to safeguard the dignity of the court.

Under Section 4 of the contempt of court act, 1981, a person is not guilty of contempt of court under the strict liability rule in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith.

(I would quite like to study the case of John Hill the man who made '7/7 ripple effect and was jailed for 'attempting to pervert the course of justice' because he sent copies to members of the jury in a terror trial).
Muad 'Dib



Section 4(2) orders allow the court to rule that some matters should not be reported for the time being. It's a temporary ban. This is quite important because more and more courts are imposing 4(2) orders when they perhaps shouldn't be.

Section 4(2
The court may where is appears necessary for avoiding a substantial risk of prejudice to the administration of justice in those proceedings, or in other proceedings, pending or imminent, order that the publication of any report of those proceedings or any part of those proceedings or any part of those proceedings or any part of those proceedings be postponed for such a period as the court thinks necessary. 


Terror trials are a frequent example of this section being imposed. For example: an AQ suspect may be tried for two separate conspiracies with entirely different conspirators so to avoid substantial risk of prejudice the trial may be delayed, sometimes significantly, ie, potentially for years.

When section 4 allows the postponement of publication, the report will be treated as contemporaneous when it is published - so will still have privilege. 


WHAT JURIES DON'T HEAR


Where there is no Section 4 there is unlikely to be a prosecution if you publish what is said in the absence in the jury. When the jury is sent out, the court ought be respected regardless of the absence of a Section 4 order.
(Observer/Clive Ponting - BBC report on official secrets act)


However, be aware that what is said in the absence of a jury should not be reported without great care and concern that it is in the public interest as it would seem unlikely to lead to contempt prosecution but you could be ordered to pay costs according to the Court Act 2003
(Example: Sun Mirror)

Under any circumstances, do not report anything that is not said before the jury, particularly 'not guilty' pleas. Make a note of what is said before, but make sure you don't publish it. 


ABUSE OF SECTION FOUR


All courts can impose Section 4 orders, including magistrates, but has been recognised that at times they go beyond what is required.

Unless there is a perceived risk of prejudice no order should be made.

Soemtimes wider considerations of public policy come into play to justify refusal of banning order.

Applications should consider if there is a substantial risk? Will an order eliminate it? What is the balance between the risk and publishing and is it tolerable?
(Joey Barton) - in this case Joey Barton had attacked two people on two separate occasions and a request for a section 4 order on the first trial was denied.

Press have the right to challenge Section 4 orders, and are frequently successful.

The court of Appeal 2006 terrorist sentencing (Sir Igor Judge)

Section 4 is not there to protect safety, encourage witnesses to give evidence...

As opposed to the postponement order of Section 4, Section 11 is a banning order. (Call him Mr. X) It allows names or other matter to be withheld from public during the court case and also afterwards in reporting eg blackmail victims, people involved in national security etc.

Example - Cases involving sadomasochism are frequent examples where Section 11 is imposed so that blackmail victims cannot be identified.

(For my essay, I'd like to focus on the Max Mosley case, and deal with Privacy and the European Convention on Human Rights)

SECTION 11 - WHAT IT IS NOT THERE FOR


To protect the defendant
To protect financial interests
To protect defendant's address
BUT
Maybe to protect from embarressment or medical condition. 

MAGISTRATES COURT ACT 1980


Cases before Magistrates courts come into three categories
Summary Offences (D&D, burglary) - Summoned to the Magistrates Court
Indictable Offences (murder, rape, robbery, fraud) - Goes straight to CROWN COURT 
Either-way Offences (Offences which could go up to Crown Court) For example: Serial offences like repeated burglary. 


The aim of the act is to avoid a potential juror at crown court being prejudiced by earlier reports of the case.

The Magistrates Court Act applies to hearings in a case which will be either: Committed to trial at crown court/Sending for trial at crown court.

If the case is a summary offence, the Magistrates court act Section 8 restrictions do not apply.
If a defendant indicates a guilty plea to an either way offence, the Magistrates Court Act Section 8 does not apply.


Under section 8, where cases are going to trial at crwon court, reports are restricted to 10 points:

1. You can put the name of the court
2. The names addresses and occupations of the defendants
3. The offences of a summary of them with which the accuses is or are charged.
4. The names of counsel and solicitors in the proceedings,
5.
6. Where the court commits the accused for trial, the charge or charges
7. IF the case has been adjourned, where it has been adjourned to.
8. You can talk about bail arrangements, but you can't talk about the reason they were opposed or refused bail, because they might be potentially prejudicial to the jury.
9.  You cannot say whether legal aid was granted.
10. Any decision of the court to lift or not to lift these reporting restrictions.

OTHER ACCEPTABLE POINTS:

Although not on the list, accepted that a defendant's denials/indication he will plead not guilty and the fact that he chose a crown court trial on an either-way case would be acceptable, because the offence may not be more serious than a magistrate's (summary offence). The defendant may have chosen to trust a jury over the local magistrate.

Also, is other background material part of the court report?

WHEN THE RESTRICTIONS ARE LIFTED


The accused asks them to be lifted
The court decides not to send defendants for trial
The court decidesd to try one defendant summarily
A case goes to crown court for sentence
The defendants have been tried at crown court (ie old submission from committal hearings can be used later)

BUT


Under new Section 8C cases which are going for summary trial come under very similar restrictions covering pre-trial hearings. This stops reporting of hearings until the trial.

(Section 8C effectively stops you reporting on the basis that the trial may be referred back up to Crown court again)

Reading:
Chapter 7: Section 39, 49, ASBOs
Magistrates and CC
Chapter 4 PSi- 59
Contempt of Court - Section 4 + 4(2) p.288-293