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This new edition has been completely revised and update to encompass the enormous developments in the law of contempt.
Previous edition: Contempt of court / C.J. Miller. 2000.
Scandalising the court is a form of contempt of court and a consultation paper (No.207 ISBN 9780118405324)) was published and ended in October 2012. An amendment to the Crime and Courts Bill designed to abolish the offence brought the Commission's consideration forward in order to produce recommendations in time to be considered within this legislative process. This report looks at the arguments for and against abolition as well the conclusions the Commission comes too.
A look at a 1906 Supreme Court decision that transformed justice in America examines the case of Ed Johnson, an African American man accused of raping a white woman, his lynching, and the response of the Supreme Court.
The Law Commission's work on scandalising the court forms part of its wider project on contempt. Work on this aspect of contempt has been brought forward to tie in with the Government's consideration of the possible abolition of the offence under the Crime and Courts Bill. A well-publicised case in spring 2012 highlighted the historic common law offence of scandalising the court. This offence covers conduct likely to undermine the administration of justice or public confidence in the administration of justice, where the conduct does not impinge on particular proceedings. Scandalising the court has been defined as "any act done or writing published calculated to bring a Court or a judge of th...
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
This is the first of three reports dealing with Contempt of Court, the remaining two to be published in 2014. This report deals with three main areas: (1) recommending a new criminal offence for jurors conducting prohibited research; (2) recommending an exemption of contempt liability for publishers relating to archived online material and (3) recommending a limited exception to the prohibition on jurors revealing their deliberations, in order to reveal miscarriages of justice, or to participate in carefully controlled research
Since the last edition of Arlidge & Eady on Contempt there has been a vast amount of case law in the area of contempt. The new edition has therefore been substantially updated, ensuring that the book remains at the forefront of contempt law literature, and now forms part of the highly-respected Common Law Library. Highly topical, dealing as it does with the implications for journalism, this book includes an analysis and comparison of the law in Scotland. Fully revised and updated text, dealing with the latest case law and periodical literature. Chapter focusing on the constitutional dimensions, including the European Convention on Human Rights. Appendix contains useful precedents.
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This Law Commission report looks at the accurate contemporary reporting of the content of legal proceedings taking place in public in criminal courts. More specifically, this report focuses on the power of the Crown Court to order that such reporting be postponed to avoid prejudice to court proceedings. The Contempt of Court Act 1981 provides that publication of material which has the effect of risking serious prejudice to active court proceedings can in some circumstances be punished as a contempt of court. The Commission is concerned with all court reporting, whether broadcast (on television, radio or over the internet) or published (electronically or in print format) and whether by accred...