October 24, 2011
How many jurors in a criminal trial, what number is needed for a majority verdict?
Media issue of the week: Lord Chief Justice laying out thoughts on the role of the media (full @ judiciary.gov.uk)
Principle of freedom of press not explicitly stated, but enshrined in various documents.
Press Complaints Commission 20 years old; failure to exercise its powers indicative of an understanding of its position.
Reading to date: terminology of first module, all the appendices, missed other stuff, need to ask somebody.
Restricts reporting whilst sub judice
Article 6 and 10 European Convention on Human Rights
Enforced by the attorney general.
Applies to a risk of prejudice, not actual prejudice.
Attorney General v. Express News
Daily Star published photos and names of footballers arrested in rape case despite Attorney General’s request
Attorney General v. MGN Ltd. and News Group Newspapers LTD (2011)
Joana Yates case — number of publications in Sun and Mirror that focused on Christopher Jeffries, Yates landlord.
+ Fines + Legal costs + Imprisonment + Wasted costs order: S93 Courts Act 2003 + Third Party costs orders + "serious misconduct" + No need for contempt to be charged; attorney general does not have to give consent, judges can do it themselves.
Common law contempt
AG v. News Group Newspapers (1989)
Printed reports of doctor having raped 18 year old; Sun printed interviews with relatives stating they’d start a private prosecution.
Libel — even if contempt proceedings not brought.
Staggered verdicts (i.e., multiple charges, defendants)
The decision maker: jury or judge
What stage of proceedings?
The “Fade Factor”