HM Attorney General v ITV Central Ltd [2008] EWHC 1984 (Admin) (15 July 2008)

HM Attorney General v ITV Central Ltd [2008] EWHC 1984 (Admin) (15 July 2008)

ITV Central Ltd committed contempt of court by broadcasting information about a defendant's previous conviction on the day of trial, creating a substantial risk of serious prejudice. The court imposed a fine of £25,000, taking into account the seriousness of the contempt, the prompt and responsible mitigation by the defendant, and the voluntary payment of costs caused by the adjournment.

Citation
[2008] EWHC 1984 (Admin)
Parties
Claimant: HM Attorney General; Defendant: ITV Central Ltd
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Application for Committal for Contempt of Court / Judgment After Hearing
Outcome
Defendant found in contempt of court; fine imposed; costs awarded to claimant.
Legal Topics
Strict Liability Contempt, Publication of Previous Convictions, Media Reporting Restrictions, Court Procedure
Criminal Law Media Law Contempt of Court Strict Liability Contempt Publication of Previous Convictions Media Reporting Restrictions Court Procedure

Case Brief

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Parties

HM Attorney General

Claimant

ITV Central Ltd

Defendant

Procedural Posture

Application for Committal for Contempt of Court / Judgment After Hearing

Legal Issues

  1. 1 Whether the broadcast by ITV Central Ltd constituted contempt of court under the strict liability rule of the Contempt of Court Act 1981
  2. 2 Whether publication created a substantial risk of serious prejudice to the trial
  3. 3 Appropriate penalty for contempt in the circumstances

Ratio Decidendi

ITV Central Ltd committed contempt of court by broadcasting information about a defendant's previous conviction on the day of trial, creating a substantial risk of serious prejudice. The court imposed a fine of £25,000, taking into account the seriousness of the contempt, the prompt and responsible mitigation by the defendant, and the voluntary payment of costs caused by the adjournment.

Court Disposition

Defendant found in contempt of court; fine imposed; costs awarded to claimant.

Orders

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