HM Attorney General v ITV Central Ltd

HM Attorney General v ITV Central Ltd

Broadcasting the previous conviction of a defendant on the day of his trial for murder constituted a serious and basic error, creating a real risk of prejudice to the proceedings and amounting to contempt of court under the strict liability rule. The seriousness of the error warranted a substantial fine, mitigated by the defendant's prompt and responsible actions.

Parties
Claimant: HM Attorney General; Defendant: ITV Central Ltd
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Contempt of Court Application / Judgment
Outcome
Defendant found in contempt of court and fined.
Legal Topics
Contempt of Court, Strict Liability, Publication of Previous Convictions, Media Reporting Restrictions

Case Brief

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Parties

HM Attorney General

Claimant

ITV Central Ltd

Defendant

Procedural Posture

Contempt of Court Application / Judgment

  1. 1 Whether the broadcast by ITV Central Ltd constituted contempt of court under the strict liability rule by creating a substantial risk of serious prejudice to ongoing criminal proceedings.

Ratio Decidendi

Broadcasting the previous conviction of a defendant on the day of his trial for murder constituted a serious and basic error, creating a real risk of prejudice to the proceedings and amounting to contempt of court under the strict liability rule. The seriousness of the error warranted a substantial fine, mitigated by the defendant's prompt and responsible actions.

Court Disposition

Defendant found in contempt of court and fined.

Orders

  • Defendant fined £25,000.
  • Defendant to pay costs of £37,014.31 for the adjournment.