1
The strict liability rule
In this Act “the strict liability rule” means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so.
2
Limitation of scope of strict liability
(1)
The strict liability rule applies only in relation to publications, and for this purpose “publication” includes any speech, writing, [F1programme included in a cable programme service] or other communication in whatever form, which is addressed to the public at large or any section of the public.
(2)
The strict liability rule applies only to a publication
which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced
.
(3)
The strict liability rule applies to a publication
only if the proceedings in question are active within the meaning of this section at the time of the publication.
(4)
Schedule 1 applies for determining the times at which proceedings are to be treated as active within the meaning of this section.
[F2(5)
In this section “programme service” has the same meaning as in the Broadcasting Act 1990.]
Annotations:
Amendments (Textual)
F1
Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 31(1)(a): words were previously added by Broadcasting Act 1984 (c. 46 SIF 96), s. 57(1), Sch. 5 para. 39(1)
F2
S. 2(5) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20, para. 31(1)(b)
3
Defence of innocent publication or distribution
(1)
A person is not guilty of contempt of court under the strict liability rule as the publisher of any matter to which that rule applies
if at the time of publication (having taken all reasonable care) he does not know and has no reason to suspect that relevant proceedings are active.
(2)
A person is not guilty of contempt of court under the strict liability rule as the distributor of a publication containing any such matter if at the time of distribution (having taken all reasonable care) he does not know that it contains such matter and has no reason to suspect that it is likely to do so.
(3)
The burden of proof of any fact tending to establish a defence afforded by this section to any person lies upon that person.
(4)
Section 11 of the M1Administration of Justice Act 1960 is repealed.
Annotations:
Modifications etc. (not altering text)
C1
The text of ss. 3(4), 4(4), 14(5), 16(6), Sch. 2 Pt.II and Pt. III paras. 1, 6 and 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations
M1
1960 c. 65.
[...]
14
Proceedings in England and Wales
(1)
In any case where a court has power to commit a person to prison for contempt of court and (apart from this provision) no limitation applies to the period of committal, the committal shall (without prejudice to the power of the court to order his earlier discharge) be for a fixed term, and that term shall not on any occasion exceed two years in the case of committal by a superior court, or one month in the case of committal by an inferior court.
(2)
In any case where an inferior court has power to fine a person for contempt of court and (apart from this provision) no limit applies to the amount of the fine, the fine shall not on any occasion exceed [F1£2,500].
[F2(2A)
A fine imposed under subsection (2) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.]
[F3(2A)
In the exercise of jurisdiction to commit for contempt of court or any kindred offence the court shall not deal with the offender by making an order under [F4section 60 of the Powers of Criminal Courts (Sentencing) Act 2000] (an attendance centre order) if it appears to the court, after considering any available evidence, that he is under 17 years of age.]
(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(4)
Each of the superior courts shall have the like power to make a hospital order or guardianship order under [F6section 37 of the M1Mental Health Act 1983][F7or an interim hospital order under][F6section 38 of that Act] in the case of a person suffering from mental illness or [F8severe mental impairment] who could otherwise be committed to prison for contempt of court as the Crown Court has under that section in the case of a person convicted of an offence.
[F9(4A)
Each of the superior courts shall have the like power to make an order under [F10section 35 of the said Act of 1983] (remand for report on accused’s mental condition) where there is reason to suspect that a person who could be committed to prison for contempt of court is suffering from mental illness or severe mental impairment as the Crown Court has under that section in the case of an accused person within the meaning of that section.]
[F11(4A)
For the purpose of the preceding provisions of this section a country court shall be treated as a superior court and not as an inferior court.]
(5)
The enactments specified in Part III of Schedule 2 shall have effect subject to the amendments set out in that Part, being amendments relating to the penalties and procedure in respect of certain offences of contempt in coroner’s courts, county courts and magistrates’ courts.
Annotations:
Amendments (Textual)
F1
Words in s. 14(2) substituted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt. I; S.I. 1992/333, art. 2(2), Sch. 2.
F2
S. 14(2A) commencing "Section 18 of the Criminal Justice Act 1991..." inserted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt. V para. 3 (with s. 2
; S.I. 1992/333, art. 2(2), Sch. 2 and substituted (20.9.1993) by 1993 c. 36, s. 65(3), Sch. 3 para. 6(5); S.I. 1993/1968, art. 2(2), Sch. 2..
F3
S. 14(2A) commencing "In the exercise of jurisdiction..." inserted (24.5.1983) by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 60
F4
Words in s. 14(2A) (inserted by the Criminal Justice Act 1982) inserted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 84
F5
S. 14(3) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F6
Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 57(a)
F7
Words inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 59(a)
F8
Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 59(b)
F9
S. 14(4A): first (4A) inserted (30.9.1983) by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 60
F10
Words substituted (30.9.1983) by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 57(b)
F11
S. 14(4A): second (4A) inserted by County Courts (Penalties for Contempt) Act 1983 (c. 45, SIF 39:3) (Royal Assent 13.5.1983), ss. 1, 2
Modifications etc. (not altering text)
C1
S. 14(2): power to amend conferred (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 143(2)(f), Sch. 6A as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48, Sch. 5 and substituted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt. IV (with s. 2
; S.I. 1992/333, art. 2(2), Sch. 2.
C2
The text of ss. 3(4), 4(4), 14(5), 16(6), Sch. 2 Pt.II and Pt. III paras. 1, 6 and 7 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Extent Information
E1
In its application to Northern Ireland, s. 14 has effect as set out in Sch. 4, see s. 18.
Marginal Citations
M1
1983 c. 20.
