Sunday, May 12, 2019
W201 eTMA 03 Essay Example | Topics and Well Written Essays - 2000 words
W201 eTMA 03 - Essay Exampleawaiting trial, hence the matter is sub judice and payoff of materials such as newspapers that need wide access to members of the public could compromise the course of justice, especially if the adjudicate or control board also happen to read the bind when the matter is yet to be decided.In this connection, Section 2(2) of the Contempt of Court Act of 1981 states as follows where any publication creates a substantial seek that the course of justice in the proceedings in question will be seriously impede or prejudiced, contempt of court will be found1. There are three separate elements that mustiness be established before the issue of contempt of court arises. Firstly, there must be a publication, secondly this publication must be related to the court proceedings which are taking array and lastly, the nature of the publication must be such that it could seriously impede the course of justice finished prejudice. The above mentioned article in the Gr ayton Gazette appears to substantiate all of the above. Firstly, it is a publication, i.e, an article in the local anesthetic newspaper. Secondly, it is related to the court proceedings because Billy is awaiting trial in connection with the events of 15th April and the antics of Street egest and the article is specifically about Billy and his earlier activities with Street Clear. This article also fulfils the third amount because it does seriously prejudice the case, because it mentions that Billy has been involved in fights before he has been involved in demonstrations which have turned nasty because he looks for trouble. Moreover the article specifically states lets hope the jury sees sense, which directly creates a substantial risk of serious prejudice, because being a news article, it is rather likely to come to the attention of a potential jury member and the timing of publication of the article coincides almost exactly with the trial procedures. On this basis, it appears t hat there would be excellent grounds for
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