HM Attorney-General v Express Newspapers

HM Attorney-General v Express Newspapers

The publication by Express Newspapers, uniquely identifying two potential defendants in an ongoing criminal investigation, created a real, substantial, and practical risk that the course of justice would be seriously impeded or prejudiced, as the complainant did not know their identities prior to publication. Contempt of court within section 2(2) of the Contempt of Court Act 1981 was proved beyond reasonable doubt.

Parties
Claimant: Her Majesty's Attorney-General; Defendant: Express Newspapers
Jurisdiction
England and Wales
Judgment Date
25 November 2004
Procedural Posture
Contempt of Court Application / Judgment
Outcome
Contempt of court proved. Fine imposed.
Legal Topics
Contempt of Court, Strict Liability, Publication Prejudice, Identification of Suspects
Criminal Law Media Law Contempt of Court Strict Liability Publication Prejudice Identification of Suspects

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Parties

Her Majesty's Attorney-General

Claimant

Express Newspapers

Defendant

Procedural Posture

Contempt of Court Application / Judgment

Legal Issues

  1. 1 Whether the publication by Express Newspapers created a substantial risk that the course of justice in active proceedings would be seriously impeded or prejudiced contrary to section 2(2) of the Contempt of Court Act 1981.

Ratio Decidendi

The publication by Express Newspapers, uniquely identifying two potential defendants in an ongoing criminal investigation, created a real, substantial, and practical risk that the course of justice would be seriously impeded or prejudiced, as the complainant did not know their identities prior to publication. Contempt of court within section 2(2) of the Contempt of Court Act 1981 was proved beyond reasonable doubt.

Court Disposition

Contempt of court proved. Fine imposed.

Orders

  • Respondent fined £60,000, payable within 7 days.
  • Respondent to pay the Attorney-General's costs.