4. A minibus carrying pupils of a school is involved in a crash in Oxshire. Ten of the pupils die. Two others, and the teacher who was driving the vehicle, are taken to hospital with serious injuries. When the inquest is formally opened, a police inspector tells the coroner that there is a possibility of criminal proceedings against the teacher.
A national newspaper has prepared, before the crash happened, a feature alleging an unsatisfactory standard of maintenance of many school minibuses, inadequate safety arrangements for pupils travelling in them, and poor driving skills of many of the teachers who drive them.
Can the newspaper safely proceed to publish this feature? The answer must indicate how you reach your conclusions.
Answer:
The newspaper cannot safely proceed to publish this feature.
As the police says there is a possibility of criminal proceedings against the teacher, therefore, the pre-trial publication should be taken into consideration by the court:
(I)The likelihood of the publication coming to the attention of a potential juror;
(II)the likely impact on an ordinary reader;
(III)and, crucially, the residual impact on a notional juror at the time of trial;
The materials published in the newspaper will potentially create a substantial risk of serious prejudice, and it might have adverse effect on jury's judgement.
5. After a woman's body is found in woodland, a local newspaper prepares news feature about her “murder”, having learned who she is. It discovers her husband has previous convictions for violence against her. Neighbours give interviews to reporters about seeing and hearing violent confrontations between the couple in recent months.
People who live near the woodland describe to reporters a man allegedly seen there late at night, just before the body was discovered.
All this material is included in the draft feature.
Just before the newspaper's deadline, police announce that the husband is now under arrest in their inquiries into the woman's death.
Explain, in light of contempt laws, what material must be altered in or deleted from the feature, and why.
Explain what material can safely be published. (ignore defamation issues).
Answer:
As just before the newspaper's deadline, police announce that the husband is now under arrest in their inquiries into the woman's death, therefore, the criminal case becomes active.
Strict liability contempt – contempt of court act 1981 states that if proceedings become active, then media organisation cannot publish anything that creates a substantial risk of serious prejudice, such as:
(I)stating that the person arrested is the same person who committed the crime;
(II)publishing photo, photo-fit or detailed description if identification is in issue and there is going to be an ID parade, or if identification may be an issue at trial;
(III)using the word “murder” - it may be manslaughter or an accident;
(IV)using detailed witness statements – the witness may feel obliged to stick to the published version of events in court, even if he later realises it was wrong;
(V)previous conviction;
(VI)background material/lifestyle; or
(VII)anticipating or influencing the verdict.
The newspaper cannot use the word “murder”, as it maybe find out he is not guilty at the end of the trial; the newspaper must delete her husband's previous convictions for violence against her, as it might have adverse effect on the jury's judgement; the newspaper also need to alter the neighbour's interviews saying that they saw and heard violent confrontations between the couple in recent months, as these background materials/lifestyle will have impact on jury as well.
What the newspaper can publish is that a man allegedly seen there late at night, just before the body was discovered, according to those who live near the woodland.
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