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23 November 2011 / Hle Blog
Issue: 7491 / Categories: Blogs
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In contempt?

HLE blogger James Wilson says...

"Two principles fundamental to English law are open justice and freedom of the press. The right of the public to know, via the press, who has been charged with what is one of the key features that distinguishes a free society from the sort of tyrannies where those deemed not to be on message politically disappear and are never heard from again.

Equally fundamental, however, is the right to a fair trial, which requires, among other things, that an accused is judged solely according to the evidence before the court, not the fevered imaginings of the more populist elements of the press.

A recent manifestation of that inherent conflict concerned a blog by a well-known political commentator about the Stephen Lawrence murder trial. The blog has been referred to the attorney general for consideration for prosecution for contempt of court.

A recent occasion on which the courts had to consider the same issue, was the case of HM Attorney-General v MGN Ltd and another [2011] All ER (D) 06 (Aug), which arose out of the murder of Joanna Yeats.

Police attention was initially focused on Miss Yeats’s landlord, who was arrested but released without charge. Before suspicion had been lifted however, some elements of the press printed lurid allegations about him. In the event, those mattered not, since the real murderer did not dispute the fact of having killed Miss Yeats. It was held, however, that if the landlord had faced prosecution, he would have been able to raise a serious argument that he could not receive a fair trial because of this adverse publicity. Even though the argument would probably have failed, it would have been properly made and therefore would have incurred tangible costs and delays to the trial process, and a possible ground of appeal..."

Continue reading at www.halsburyslawexchange.co.uk

Issue: 7491 / Categories: Blogs
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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