Contempt of Court Solicitors Glasgow, Scotland & London

The Scottish courts uphold the principle of open justice.  Almost everything that happens in the courts happens in public.  The press are entitled to be present and to report on proceedings.  Live tweeting of high profile cases has become commonplace.

There are, however, limits.  Where court proceedings are active (in criminal cases, from the point of charge onwards) any publication that creates ‘a substantial risk that the court of justice in the proceedings concerned will be seriously impeded or prejudiced’ will be regarded as a contempt of court, on a strict liability basis.  Several journalists and publications have fallen foul of this rule, usually leading to the imposition of a significant financial penalty.  Examples include the publication of photographs of the accused, or giving a clear view on the guilt of the accused.

But it is hard to find a recent example of adverse press reporting actually undermining a criminal prosecution.  Arguments that an accused cannot get a fair trial because of negative publicity tend to fail.  The courts usually proceed on the basis that juries will follow directions to ignore such reports, and will instead focus on the evidence presented to them.  Such jury research as has been done supports this view.

Contact our criminal defence lawers for Glasgow, Scotland & London

Livingstone Brown has experience of defending media organisations and professionals accused of contempt of court in such circumstances. 

If you need specialist advice on your case, call us on 0141 429 8166 or complete on our online contact form.