Page 209 - Law and the Media

Law and the Media
However, in practice the media are free to publish extensive background material on the
assumption that judges are experienced enough not to be influenced by such publicity. A great
deal more care needs to be exercised in cases where sentence will be passed by magistrates.

Civil proceedings

Commencement
The CCA provides that civil proceedings are active from the time when arrangements are
made for the hearing of the case or from when the hearing begins. As a result of the
introduction of the Civil Procedure Rules in 1999 dates are now set for the trial at an earlier
stage of proceedings. The active period, therefore, commences sooner than was previously
the case.

The majority of civil proceedings are heard by a judge sitting alone. On the assumption that
a judge is experienced enough not to be influenced by publicity, the risk of proceedings for
contempt following the publication of information during proceedings is not so great as
during criminal proceedings. However, the strict liability rule does apply, and care must be
exercised if consideration is given to publishing a feature during the course of civil
proceedings. Libel and some civil actions against the police are still heard by a jury. In these
cases extreme caution must be exercised because of the increased risk of serious prejudice
to the proceedings.

Conclusion
The active period ends when the proceedings are disposed of by settlement or judgment, or
are discontinued or withdrawn. In the case of pre-trial applications or interim remedies, the
proceedings cease to be active when the specific matter before the court is disposed of. They
may then become active again at a later date.

Inquests

Proceedings in the coroner’s court are active from the time the inquest is opened. The active
period ends when the proceedings are disposed of.

Appeals

Appeal proceedings are active from the time of application for leave or the lodging of a
notice of appeal. This means that during the period between the end of a trial and the
application for leave or the lodging of a notice of appeal, the media are not prevented from
reporting under the strict liability rule.

Retrials
If an appeal in criminal proceedings is successful and a retrial is ordered, the proceedings
become active again from the date of the order for retrial.
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