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
Summary, issues, holding and outcome
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Parties
HM Attorney General
Claimant
ITV Central Ltd
Defendant
Procedural Posture
Contempt of Court Application / Judgment
Legal Issues
- 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.
Full Case Text
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