The applicant challenged her conviction for contempt of court in that whilst a juror, she researched the case before her on the internet, discovering that the defendant had faced an earlier allegation broadly similar. She now said that the conviction orose from failure to follow a direction, not an order. The court set the question for the parties: ‘Did the act of which the applicant was convicted constitute a ‘criminal offence under national law’ at the time when it was committed, for the purposes of Article 7 of the Convention, having regard to the test for contempt of court set out and applied by the Divisional Court in paragraph 38 of its judgment and the test outlined in previous domestic judgment judgments’
38395/12 – Communicated Case, [2013] ECHR 1232, [2014] ECHR 1247
Bailii, Bailii
European Convention on Human Rights
Citing:
Cited – Attorney-General v Sport Newspapers Ltd QBD 24-May-1991
The newspaper was accused of disclosing details of the previous convictions of an absconded suspect in a murder investigation, despite a prior warning from the police that any such publication would be likely to prejudice future criminal . .
Cited – Schot and Another, v Regina CACD 12-May-1997
Jurors, after retirement refused to deliver a verdict claiming personal reasons. The were summoned to court to answer charges of contempt of court. Explaining the contempt proceedings that the jurors faced, the trial judge said: ‘[I]n so far as . .
Cited – Attorney General v Fraill and Another Admn 16-Jun-2011
The trial judge had directed his jury at a criminal trial: ‘You will make your decision about this case based solely upon the evidence which you hear during this trial, in this courtroom and upon nothing else. Most of us these days have access to . .
At Admn – Attorney General v Dallas Admn 23-Jan-2012
The A-G, using RSC Order 52, sought a finding that the defendant was in contempt when, as a juror she had conducted internet research about the case, revealing her results to other jury members.
Held: She was in contempt. She had deliberately . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Contempt of Court
Updated: 26 November 2021; Ref: scu.518835
