HM Attorney General v Associated Newspapers Ltd & Anor

HM Attorney General v Associated Newspapers Ltd & Anor

Both the Daily Mail and Daily Mirror, by publishing highly prejudicial material about Bellfield’s sexual offences and other alleged crimes not before the jury, created a substantial risk of serious prejudice to the ongoing trial, satisfying the strict liability rule under s.2(2) of the Contempt of Court Act 1981.

Parties
Claimant: Her Majesty’s Attorney General; First Defendant: Associated Newspapers Limited; Second Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
18 July 2012
Procedural Posture
Contempt of Court Proceedings / Judgment After Trial
Outcome
Liability for contempt established; penalty to be determined after further submissions.
Legal Topics
Contempt of Court, Strict Liability Rule, Prejudicial Publication, Jury Discharge

Case Brief

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Parties

Her Majesty’s Attorney General

Claimant

Associated Newspapers Limited

First Defendant

MGN Limited

Second Defendant

Procedural Posture

Contempt of Court Proceedings / Judgment After Trial

  1. 1 Whether the publications in the Daily Mail and Daily Mirror created a substantial risk that the course of justice in the Bellfield trial would be seriously impeded or prejudiced under s.2(2) of the Contempt of Court Act 1981.

Ratio Decidendi

Both the Daily Mail and Daily Mirror, by publishing highly prejudicial material about Bellfield’s sexual offences and other alleged crimes not before the jury, created a substantial risk of serious prejudice to the ongoing trial, satisfying the strict liability rule under s.2(2) of the Contempt of Court Act 1981.

Court Disposition

Liability for contempt established; penalty to be determined after further submissions.