prejudice and the coutts trial
demolitionred, 06 Sep 2006 15:49:18
FYI
"What Amounts to Contempt of Court
A publication must create a substantial risk of serious prejudice to
the course of justice for it to amount to contempt. In determining
whether a publication has created a substantial risk of serious
prejudice, the courts will consider all the circumstances surrounding
the publication and the proceedings in question. It is clear that for
a publication to be contempt a slight or trivial risk of serious
prejudice is not enough nor is a substantial risk of slight prejudice.
In making an assessment of whether the publication does create a
substantial risk of serious prejudice the court will consider:
• The likelihood of the publication coming to the attention of a
potential juror.
• The likely impact of the publication on an ordinary reader at
the
time of publication.
• The residual impact of the publication on a notional juror at
the
time of trial.
In assessing the likelihood of a publication coming to the attention
of a potential juror, the court will consider whether the publication
is distributed in the area from which jurors are likely to be drawn
and the number of copies circulated.
In assessing the likely impact of the publication on an ordinary
reader, the court will consider the prominence of the article in the
publication and the novelty of the content of the article in the
context of likely readers.
The court will also take into account the length of time between
publication and the likely date of trial, the focusing effect of
listening over a prolonged period to evidence in a case, and the
likely effect of the judge's directions to a jury."
http://www.parliament.the-stationery-office.co.uk/pa/jt199899/jtselect/jtpriv/43/4308.htm
http://www.yourrights.org.uk/your-rights/chapters/right-of-free-expression/contempt-of-court/what-is-contempt-of-court.shtml