Latest news with #contemptofcourt
Telegraph
6 days ago
- Telegraph
Courts and crime
This section is not a legal textbook. If you have doubts on legal points, refer to the in-house lawyer, the news desk or your line manager. Contempt of court becomes an active issue from the moment an individual is arrested or a warrant is issued for their arrest. From that moment in time, the law of contempt prevents the publication of any information that creates a substantial risk of serious prejudice to the proceedings. The Telegraph shares the presumption of innocence of a defendant: so Mr, Mrs or Miss Smith, unless he or she is already a convicted criminal, still serving a sentence or has pleaded guilty. Stories about ongoing cases should end in the line 'The case/trial/hearing continues'. Full legal advice is available on The Telegraph intranet Courts and judiciary The Crown Court of which the Old Bailey is a part, sits in towns and cities throughout England and Wales. All kinds of Crown Court judges may be referred to as 'judges' in headlines and introductions. Refer to Sometown Crown Court. The Old Bailey is officially called the Central Criminal Court, but we don't refer to it by that name There are three ranks of judge who sit in Crown Courts: High Court judges: Mr Justice Smith (never Judge Smith). Off-duty they are referred to by the title they receive on appointment, as Sir John Smith, the High Court judge. Circuit judges: Judge Smith. If there are two Judge Smiths then they will be known by their forenames as well, to avoid confusion: Judge John Smith, Judge James Smith. Recorders: practising lawyers who sit as part-time judges. The recorder, John Smith, said at Sometown Crown Court. Later references to the recorder. Apart from High Court judges, they should be given their titles and designated KC if they qualify. At the Old Bailey, the Recorder of London and the Common Serjeant are full-time judges. Refer to the Recorder of London, Sir John Smith KC or the Recorder of London. Judge John Smith, as appropriate. The Common Serjeant, Judge John Smith. Later references to the Recorder (cap) or the Common Serjeant or the judge. The High Court sits at the Law Courts (preferred to the Royal Courts of Justice) in London and in some provincial cities. Refer to a High Court hearing in Manchester. The High Court contains three divisions: Chancery Division: Day-to-day work is conducted by the Chancellor of the Chancery Division and High Court judges. 'The Chancellor, Sir John Smith, said at a High Court hearing in London.' For other judges: Mr Justice Smith or, later, the judge. King's Bench Division: The Lord Chief Justice, Lord Smith, later Lord Smith or the Lord Chief Justice. For other judges: Mr Justice Smith, later refer to the judge. Family Division: the President of the Family Division of the High Court, Sir John Smith (or Lord Smith). Later references to the President or Sir John (or Lord Smith). Other judges: Mr Justice Smith or, later, the judge. The Court of Appeal's judges include the Master of the Rolls and the Lords Justices of Appeal, who are not law lords. The Supreme Court is the final court of appeal for England, Wales and Northern Ireland, and, in civil cases only, for Scotland. Superior courts other than the Court of Appeal hear some appeals. The Lord Chief Justice, Lords Justices of Appeal and judges of the King's Bench Division sit in the Court of Appeal, Criminal and Civil Divisions. When more than one judge takes part in a case, name them all. Magistrates' courts should be referred to as Anytown magistrates' court (plural possessive even when a case is heard by a single magistrate).' John Smith, the chairman, said... '. 'John Smith, the magistrate, said... ' (for stipendiary magistrates). The sitting magistrates are also known as the Bench. County Courts: Refer to: Judge John Smith QC (at Sometown County Court), later Judge Smith or the judge. Youth courts refer to Anytown youth court and to John Smith, the chairman. It is illegal to publish the name, address, school or any particulars leading to the identification of any youth who is involved in the proceedings, even as a witness or complainant. Youth courts deal with people between the ages of 10 and 17 who may, however, appear, in certain circumstances, before adult courts. Restrictions on identification apply to youths in adult courts only if the judge so orders. Coroner's courts The coroner's task is to ascertain the cause of a death by holding an inquest in open court unless he or she thinks it in the national interest to hold it in private. They may sit alone or may summon a jury, note there are only certain circumstances in which this could happen. Coroners need not be lawyers. They may be doctors. They operate an inquisitorial rather than an adversarial system. The coroner records a verdict; a coroner's jury returns a verdict. The laws of contempt apply. Scottish courts Scotland has its own system of law and its own courts. Procedure differs greatly from that of English and Welsh courts. Traditionally, Scottish judges have been sterner in their view of contempt than their English counterparts, although the 1981 Contempt of Court Act covers the whole of Great Britain. Under the Criminal Justice (Scotland) Act 1980, it is an offence to publish facts leading to the identification of any children under 16 involved in criminal proceedings whether they are accused, witnesses or victims. Criminal courts are district courts. Refer to Scotburgh district court. Lay justices sit with a legal assessor. Sheriff courts Scotland's six sheriffdoms each has a sheriff principal and they are divided into sheriff court districts. Courts are presided over by sheriffs who sometimes sit with a jury and may also hear civil cases. Scotburgh sheriff court. The sheriff, Mr Ian McSmith. High Court of Justiciary Sits in Edinburgh and on circuit. All 21 Scottish judges can hear cases (see Court of Session). Prosecutions may be conducted by the Lord Advocate or the Solicitor General but normally by Crown counsel referred to as advocates depute. Scotland has no court of criminal appeal and appeals in serious cases are heard by three judges or more of the High Court. Appeals against summary convictions are heard by the Justiciary Appeal Court. Refer as appropriate to the Scottish High Court sitting in xxxx, a Scottish appeal court sitting in xxxx. Civil cases may be heard in sheriff courts or the Court of Session. The Court of Session, the superior civil court, is divided into the Outer House and the Inner House. The Outer House has 12 judges called Lords Ordinary who sit alone or with juries. The Inner House has two divisions. In the first division the Lord President presides over four judges (three make a quorum). The Lord Justice Clerk presides in the second division. Court of Session judges also make up the High Court which hears serious criminal cases. In criminal cases, the Lord President is referred to as the Lord Justice General. Refer to The Lord President, Lord McSmith; the Lord Justice General, Lord McSmith; the Lord Justice Clerk, Lord McSmith; or, for other judges, to the judge or Lord McSmith. Terms found in Scottish court stories include: Advocate, equivalent to an English barrister with exclusive right of audience in higher courts. Crown Office, roughly equivalent to the Department of the Director of Public Prosecutions. Defender (not defendant) in civil cases. Depute (not deputy) in legal titles. Interdict is the equivalent of an injunction. Not proven Although this verdict differs from a finding of not guilty, a person cannot generally be tried again except for exceptional circumstances. However, a subsequent civil claim for damages by the victim's family may be brought. Pursuer or petitioner (according to the procedure adopted) is a claimant. Procurator fiscal investigates and prosecutes crime in the sheriff court districts under the supervision of the Crown Office. He can give general directions to the police and decides whether an accused person should be held in custody or released until his trial, or whether the case should continue. The procurator fiscal questions an accused person at a private hearing by a sheriff before whom the accused must appear within 24 hours of arrest (48 hours at weekends). Refer to Ian McSmith, procurator fiscal. Photographs Scotland has adopted a strict approach to the publication of photographs and / footage of the accused individual before the Crown closes their case so as to avoid creating a substantial risk of serious prejudice unless it is certain that identification will not be an issue in the trial. This applies to both solemn and summary trials.
Daily Mail
08-07-2025
- Daily Mail
KIIS FM stars Kyle Sandilands and Jackie 'O' Henderson facing court after making controversial comments on mushroom killer trial live on air
Radio stars Kyle Sandilands and Jackie 'O' Henderson are in hot water over comments they made on the trial of convicted mushroom killer Erin Patterson. Patterson was on Monday found guilty of murdering her three in-laws with death cap mushrooms in a beef Wellington that she served them for lunch in 2023. During the high-profile trial, Justice of the Supreme Court of Victoria Christopher Beale referenced comments made by the KIIS FM stars on the Kyle and Jackie O Show prior to the verdict. During an on-air segment on June 16, Sandilands and Henderson were heard discussing the trial, with Sandilands at one point stating, 'Just lock that b**ch up' while referring to Patterson. Justice Beale indicated that he would be referring the radio hosts to the Office of Public Prosecutions, with the pair facing possible prosecution for contempt of court over the comments. 'This morning the presenters of the Kyle and Jackie O radio show commented on this case during a new segment on their show,' Justice Beale said at the time. 'I have read a transcript of that commentary. I encourage all commentators to engage their brains before they open their mouths, as they may otherwise land themselves and their organisations in hot water' he continued. 'I will be referring this morning's matter to the Office of Public Prosecutions for contempt proceedings. 'Our media unit will continue to closely monitor all media in relation to commentary on this case, whether the commentary be shock jocks, so-called influencers, social media commentators or legacy media.' During the controversial segment, Sandilands and Henderson discussed the trial as the jury prepared to render a verdict. 'Like, what does the evidence point to? My question is how strong is her case?' Henderson asked her co-host. 'Not strong, not strong for her,' Sandilands replied. In the heavily bleeped audio, he then added: 'The rest of us already know … C'mon bro … Just lock that b**ch up.' Daily Mail Australia has reached out to KIIS FM for comment. The verdict in the Erin Patterson trial ends one of the nation's most intriguing homicide cases. Patterson sat defiantly throughout her 10-week trial, glaring at the media, members of the public and the family of the people she murdered with callous disregard. The mother-of-two had pleaded not guilty to the murders of Don and Gail Patterson, and Gail's sister, Heather Wilkinson. They died after consuming death caps in the beef Wellington during lunch at Patterson's Leongatha home in southeast Victoria on July 29, 2023. Only Pastor Ian Wilkinson survived her plot - a blunder Patterson would live to regret, and will now serve time for after also being found guilty of attempting to murder him. Asked to deliver a verdict, the jury foreperson - one of only five women to sit on the original 15-person panel - simply stated, 'guilty'. The verdict produced an audible gasp from those within the packed courtroom, which included members of the Patterson clan.
Malay Mail
08-07-2025
- Politics
- Malay Mail
High Court rules Isham Jalil's judiciary remarks on Najib's SRC, 1MDB trials not contemptuous
KUALA LUMPUR, July 8 — The High Court today ruled that former Umno information chief Isham Jalil's remarks criticising Datuk Seri Najib Razak's corruption trials did not amount to contempt of court. Judge K. Muniandy dismissed committal proceedings brought by the Attorney General's Chambers (AGC), finding that Isham's statements did not pose a real risk to public confidence in the judiciary, according to a report in the New Straits Times today. He said the comments did not directly concern the specific courts that heard and ruled on the 1MDB and SRC International Bhd cases, which had already been concluded. 'What could be regarded as scandalous or interfering with the course of justice earlier may not be so today,' said Muniandy. He added that vague allegations claiming Isham had scandalised the judiciary lacked context and failed to demonstrate actual harm to the administration of justice. The judge stressed that the law of contempt aims to protect the public's interest in a functioning justice system, not to shield judges from criticism. 'With the advent of social media, criticisms against a judge and his decision is commonplace,' he said, adding that judges must remain impartial and resilient in the face of external pressure. Muniandy also affirmed that judgments in Najib's corruption trials were grounded in facts and law, not influenced by emotion or public sentiment. He acknowledged that while freedom of speech is vital to democracy, it must be exercised with respect for the judiciary's role and responsibility. 'Contempt powers should only be used where there is a real risk of undermining the administration of justice, not merely to silence uncomfortable or critical opinions,' he said. The AGC filed the contempt application on December 28, 2023, following Isham's remarks during an interview titled 'Townhall For Justice: Keadilan Sebenarnya Untuk Siapa?', which aired on The Malaya Post's Facebook page on September 30, 2023.
BBC News
04-07-2025
- Politics
- BBC News
Court tell Senate to recall Senator Natasha Akpoti-Uduaghan to kontinu her work
Di court don order di Senate to recall Senator Natasha Akpoti-Uduaghan back to her legislative duties. Justice Binta Nyako of the Federal High Court for di judgement dem tok say her six months suspension dey too much. According to di section 14(2) of di Privileges Act of di Senate, suspension dey in default. Di judgement add say constituents no suppose dey witout representation and make Senate review dia laws on suspensions. Meanwhile, court bin find Senator Natasha in contempt of court, sake of di satirical apology wey she bin post for her Facebook page. Justice Binta Nyako fine am five million naira ($3,266), wey she go pay into di court registry. Court also order her to publish a formal apology for her Facebook page and for two national newspapers. She must to do dis within seven days of did ruling.
Russia Today
03-07-2025
- Politics
- Russia Today
Ex-Bangladeshi PM sentenced to 6 months in prison
Former Bangladeshi Prime Minister Sheikh Hasina has been handed a six-month prison sentence by the Dhaka-based International Crimes Tribunal (ICT) in a contempt of court case, the Dhaka Tribune reports. The verdict was delivered by the three-member tribunal on Wednesday. Bangladeshi prosecutors had requested the tribunal over a telephone conversation in which Hasina allegedly said that she had a license to kill 227 people, as 227 cases had been filed against her, according to the Dhaka Tribune. The ICT is a Bangladeshi domestic war crimes tribunal that was set up in 2009 to investigate and prosecute collaborators involved in the genocide carried out by the nation's Pakistani rulers during the country's war of independence in 1971. Hasina, who left Bangladesh for neighboring India after her government was deposed in a 2024 coup, was tried and convicted by the ICT in absentia. Earlier this year, Dhaka sent a diplomatic note to New Delhi requesting her return to face trial, to which the Indian government has not yet formally responded. This is the first prison sentence for Hasina since she left Bangladesh. In June, the ICT formally charged Hasina with crimes against humanity in connection with a crackdown on mass protests that took place last year and led the ouster of the government run by her party, the Awami League. Mohammad Tajul Islam, ICT's chief prosecutor, has accused Hasina of orchestrating a 'systemic attack' on the protestors. A February report by the United Nations Office of the High Commissioner for Human Rights said 'as many as 1,400 people may have been killed between 15 July and 5 August (2024), and thousands were injured, the vast majority of whom were shot by Bangladesh's security forces.' Hasina, who resigned on August 5, 2024, has maintained her innocence. She plans to present arguments to seek her discharge from these allegations, according to her defense lawyer, Amir Hossain. In May, Bangladesh's interim government, led by Nobel Peace Laureate Muhammad Yunus, barred the Awami League from running in the next general election, saying it was in the interests of national security and sovereignty.
