The absence of a jury from a criminal trial was not sufficient of itself to set aside the rule against the broadcasting of criminal proceedings. To set aside the rule, the onus was on the broadcaster to justify the departure from the rule and to persuade the court that there would be no interference in the proper administration of justice. It was not for the courts to justify acting in accordance with the rule.
Citations:
Times 11-Apr-2000, 2001 SCCR 440
Statutes:
Jurisdiction:
Scotland
Cited by:
See Also – BBC, Petitioners (No 2) HCJ 13-Jun-2000
A ban on the televising of the Lockerbie trial was not a breach of the broadcasters rights under article 10. The fact that arrangements had been made for the trial to be relayed by television under strict conditions to relatives of the deceased, but . .
Cited – Her Majesty’s Advocate v William Frederick Ian Beggs (Opinion No 1) HCJ 17-Sep-2001
The defendant complained that the publicity preceding his trial for a notorious murder would prejudice his right to a fair trial, and sought an order under the 1981 Act to delay any further publicity until after the trial, partcularly where previous . .
Lists of cited by and citing cases may be incomplete.
Media, Criminal Practice
Updated: 13 September 2022; Ref: scu.78300