NCTJ Media Law - Contempt correctly answered 2024/2025

NCTJ Media Law - ContemptNCTJ Media Law - ContemptStrict Liability Contempt under the Contempt of Court Act 1981 - correct answer "Substantial risk of serious prejudice" and "Proceedings are active" Proceedings active when - correct answer 1) A person has been arrested 2) A warrant has been issued for his or her arrest 3) A summons has been issued 4) The accused has been charged orally Proceedings cease to be active when - correct answer 1) The arrested person is released without charge 2) No arrest is made within 12 months of a warrant being issued 3) The case is discontinued 4) The defendant is acquitted or sentenced 5) The defendant is found to be unfit to be tried, unfit to plead, or the court orders a charge to lie on file Section 3 - correct answer — INNOCENT PUBLICATION OR DISTRIBUTION "A person is not guilty of contempt of court under the strict liability rule as a publisher of any matter to which that rule applies if at the time of publication (having taken all reasonable care) he does not know and has no reason to suspect that relevant proceedings are active" Need to be able to show that you took "ALL REASONABLE CARE", which would almost certainly include contacting the police to see if a suspect has been arrested. Section 4 - correct answer — FAIR AND ACCURATE, CONTEMPORARY REPORT "...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 CONTEMPORANEOUS and IN GOOD FAITH."