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9 Cards in this Set

  • Front
  • Back

What is contempt of court?

Being disobedient or disrespectful toward a court of law

What happened in 1981 for Contempt of Law?

Harmonisation by statute as Scots common law was different to English

When was the Phillimore Committee set up and what was it's purpose?

1971


To consider whether changes needed to the law

What did the Report of the Committee on Contempt of Court say?

That greater uniformity of approach required

What are the two types of Contempt?

Common Law Contempt


Statutory Contempt

Of the two types of Contempt, what is common law contempt?

Covers behavior not included in 1981 act

Of the two types of Contempt, what is statutory contempt?

The contempt of court Act 1981 publication of material likely to seriously impede or prejudice a fair trial

How does contempt of court effect media?

Balance out freedom of press & impartial administration of justice


E.g. publication of material may prejudice minds of jurors


Pre-judgement - comments prejudical against accused may be contempt

What did the contempt of court act 1981 bring in?

The strict liability rule


No intent necessary


Applies to all publications


Must create substantial risk