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Contempt of court

QuestionAnswer
What is part 1 of contempt of court Scandalising the court. Now under part 5 of the contempt of court act 2019
What does part 5 of the CoC act do? It prohibits false statements about judges and courts and gives power to make take down orders
What is step 2 for scandalising the court? Does the statement reach the offence threshold under s22? Need publishing, knew our ought reasonably to know that, statement would undermine public confidence in independence, integrity, impartiality and authority of court
What is the final step for scandalising the court Will a take down order be made under s24? Solicitor General to apply to High Court Need falsity and real risk statement will undermine public in confidence in int ind imp auth
What is contempt of court part 2 The sub judice rule. Fairfax: one should not say or do anything before or during a trial that could create real risk or prejudice to the right to fair trial Burns: includes past convictions
What is step 2 of the sub judice rule? Is publication an offence under s7? Info must be relevant Real risk publication might prejudice right to fair trial Be about category 3 or 4 offence
What is step 3 of the sub judice rule Is there a real risk of prejudice under s8? Effect of publication Availability to jurors Accessibility, durability and medium of publication Tone Content Other (time)
What is step 4 of the subjudice rule? Does content create the risk of prejudice? Bad character, gangs and convictions (R v R) Witness credibility Revealing identity
What about jurors Under s13 and s14 jurors are prohibited from conducting their own investigations or discussing jury deliberations
Created by: LuciaR
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