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Edam, what you said on the other thread re contempt of court...

9 replies

Monkeytrousers · 11/04/2008 17:02

"Trolley, you say posters are free 'to discuss anything we want to discuss and say anything we want'. Wrong. The law says different. In this particular case, the Contempt of Court Act applies. That's why all the newspapers are sticking to certain facts - name, details of charge, date of next appearence in court etc. etc.

If you are prosecuted and found guilty of Contempt of Court, you can go to prison. It applies to posts on the internet just as much as stuff published in the traditional media."

Is this really true?

So I can be prosecuted for speculating about stuff in the public realm, or airing a non expert opinion?

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Mamazon · 11/04/2008 17:05

it is theoretically possible.

In practice unlikely, i would say.

but then again,....im no expert

Scootergrrrl · 11/04/2008 17:08

The whole issue of contempt of court centres round influencing the opinions of any potential jurors in a court case, afaik. If a juror was to read a post which then influenced their decision in court, the judicial process would not have been properly served by deciding the case on the evidence presented - fair trial, guilty until proven innocent etc.

Monkeytrousers · 11/04/2008 17:11

But they are required to tell if they have seen and been influenced by any if that kind of stuff Scootergirl, aren't they? They arent' suitable jurors if they have.

And they are certainly not supposed to read any media whilst on the jury.

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doggiesayswoof · 11/04/2008 17:16

As I understand it, the Contempt of Court Act is another safeguard to try and ensure a fair trial - so it's an attempt to control what's published in addition to restrictions placed on potential jurors etc.

I'm no expert either though!

Monkeytrousers · 11/04/2008 17:20

here's what liberty say

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Monkeytrousers · 11/04/2008 17:21

Not to shut people up then DSW?

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lulumama · 11/04/2008 17:23

it is impossible to police it though, in cyberspace certainly... a bit too thought police, like we can't discuss it under pseudonyms in a chat room

if access to the internet can compromise a jurors ability to be fair and open minded, then they had better abolish jury trials! Or not release any info about alleged criminals into the public domain until they are convicted or otherwise

Monkeytrousers · 11/04/2008 20:55

I just read an interesting essay about the uselssness of single jury trials actually.

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Monkeytrousers · 11/04/2008 20:56

and here it is. The wonder that is the internet!

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