On 24/4/14 00:16, Judith wrote:
>
>
> Why has no paper printed: "The police are investigating alleged drug
> taking at
> the XYZ Premier League FC: the club strongly denies all aspects of these
> unfounded allegations"
>
> I think there is more to this than meets the eye.
>
Possibly someone has already been arrested. My theory is (quote from CPS
site):
Strict Liability Contempt under the Contempt of Court Act 1981
The strict liability rule may render the publication a contempt
regardless of any intent to interfere with the course of justice in the
proceedings. Refer to The Law, earlier in this guidance, applies:
* to publications (including broadcasts , websites and other online
or text-based communication) addressed to the public at large or any
section of the public;
* which create a substantial risk that the course of public justice
will be seriously impeded or prejudiced. Risk is judged at the time of
publication. The longer the gap between publication and the trial ('the
fade factor'), the less the substantial risk of serious prejudice is
likely to be;
* and only applies to legal proceedings that are "active" at the time
of the publication.
"Active" is defined in Schedule 1 Contempt of Court Act 1981 and
proceedings are active if a summons has been issued or a defendant
arrested without warrant. Where a warrant has been issued, proceedings
cease to be active once twelve months' have elapsed without the
suspect's arrest, and where there has been an arrest when the suspect is
released without charge otherwise than on bail.
Proceedings also cease to be active where they conclude by, inter alia,
acquittal/sentence, any other order bringing proceedings to an end, or
by discontinuance/operation of law.
Note: Common law contempt may be committed where proceedings are pending
or imminent (albeit not necessarily active for the purposes of the 1981
Act), and where there is actual intent to interfere with the
administration of justice in those proceedings.