Enforcement
Under the Contempt of Court Act, prosecutions may be bought for conduct tending to interfere with the course of justice even if there was no intent to interfere in this way. This is known as the strict liability rule.
Prosecutions under the strict liability rule can be brought only with the Attorney General’s consent. This was intended to ensure that some consideration was given to the public interest before prosecutions were brought. If the Attorney General refuses to prosecute, there is no right to challenge such a decision.
In 1995 the Taylor sisters, whose convictions for murder were quashed by the Court of Appeal after a trial by media, failed in their attempt to get the court to review the refusal of the Attorney General to prosecute the press for contempt.
In recent years, Crown Court judges have been more prepared to discharge defendants in criminal trials who have been the subject of media coverage commenting on their guilt or innocence.
While private parties cannot prosecute for contempt, they can, if they would suffer particularly from a publication that offended against the rule, seek an injunction to stop publication.
Prosecutions under the strict liability rule can be brought only with the Attorney General’s consent. This was intended to ensure that some consideration was given to the public interest before prosecutions were brought. If the Attorney General refuses to prosecute, there is no right to challenge such a decision.
In 1995 the Taylor sisters, whose convictions for murder were quashed by the Court of Appeal after a trial by media, failed in their attempt to get the court to review the refusal of the Attorney General to prosecute the press for contempt.
In recent years, Crown Court judges have been more prepared to discharge defendants in criminal trials who have been the subject of media coverage commenting on their guilt or innocence.
While private parties cannot prosecute for contempt, they can, if they would suffer particularly from a publication that offended against the rule, seek an injunction to stop publication.
