Download or read book Contempt of Court written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2012-11-28 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of high-profile cases involving contempt of court have recently highlighted the need for a review of this area of the law. These include: a juror who was found to have researched the defendant on the internet; the first internet contempt by publication, which concerned the posting of an incriminating photograph of a defendant on a website; contempt proceedings for the vilification of Chris Jefferies during the investigation into the murder of Joanna Yeates; and proceedings for contempt by publication following the collapse of the prosecution of Levi Bellfield. Contempt of court covers a wide variety of conduct which undermines or has the potential to undermine the course of justice, and the procedures which are designed to deal with them. This consultation paper focuses on four specific areas of contempt: 1. contempt by publication; 2. the new media; 3. contempts committed by jurors; and 4. contempt in the face of the court. The new media pose a number of challenges to the existing laws on contempt of court, which pre-date the internet age. In addition, there are concerns that some aspects of the law or procedure relating to contempt of court may be unclear or incompatible with the European Convention on Human Rights. The consultation considers whether the law and procedure for dealing with the contempts outlined above are adequate. It proposes a number of reforms, which are intended to make the law fair, understandable, practicable and "future-proof".

Download or read book Law Commission Contempt of Court 1 Juror Misconduct and Internet Publications LC 340 written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2013-12-09 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of three reports dealing with Contempt of Court, the remaining two to be published in 2014. This report deals with three main areas: (1) recommending a new criminal offence for jurors conducting prohibited research; (2) recommending an exemption of contempt liability for publishers relating to archived online material and (3) recommending a limited exception to the prohibition on jurors revealing their deliberations, in order to reveal miscarriages of justice, or to participate in carefully controlled research

Download or read book The Law of Contempt written by Nigel V. Lowe and published by MICHIE. This book was released on 1996 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading authority in its field and a comprehensive statement of the law relating to criminal and civil contempt of court. Borrie and Lowe is regularly cited in the Courts and is highly regarded by members of the press.

Download or read book Reporting the Courts written by Richard Jones and published by Taylor & Francis. This book was released on 2024-12-04 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a critical intervention into debates about journalism and the crisis in local news. Interrogating the history and current practice of court coverage in the UK, the author argues for its importance as a central feature of both open justice and public interest reporting. The book challenges narratives of a decline in the perceived quality of local media. Yet it also highlights a reliance on major local press companies facing acute financial challenges, meaning court reporting faces a potentially precarious future. The book critically examines coverage of the courts in the context of financial crises, which have diminished both newspapers and the criminal justice system. How the norms of court journalism emerged and evolved are put under scrutiny, and the book then considers how court reporting is practiced today, including the use of cameras and social media as well as remote hearings during and since the pandemic. The author takes us inside a major murder trial and explores why court reporting remains worth preserving and enhancing. Offering recommendations which could help to maintain and extend coverage of the courts, this volume will interest students and scholars of journalism, mass communication, media studies, media law and communication studies.

Download or read book A Sourcebook of Canadian Media Law written by Robert Martin and published by McGill-Queen's Press - MQUP. This book was released on 1994 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition examines the Canadian Constitution and its effect on the principle of freedom of expression. The balance of the book directs attention to the laws that have been enacted that limit such freedom.

Download or read book Law of Contempt of Court in India written by K. Balasankaran Nair and published by Atlantic Publishers & Dist. This book was released on 2004 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contempt Of Court, Because Of Its Controversial Nature, Has Created Contradictory Opinions Among The Jurists As Well As Scholars. The Contempt Jurisprudence With The Common Law Origin Has Been Transmitted Into The Indian Jurisprudence By The Courts Of Record Through Several Charters. Our Constitution Has Acknowledged And Accepted This Jurisdiction By Conferring The Status Of Court Of Record To The Supreme Court And High Courts. A Country Embedded In The Concept Of Rule Of Law Should Give Due Respect To The Law And The Organ Which Applies The Law And Administers Justice. This Organ Which Possesses Neither The Muscle Power Nor The Money Power Has To Extract Due Obedience To Its Orders Only Through This Jurisdiction. But Difficulty Arises When This Jurisdiction Clashes With The Invaluable Rights Of Citizens As Well As Those Of The Press, As Enshrined In The Constitution. It Becomes All The More Difficult When It Interferes With The Functioning Of Administrative Authorities, Corporations And The Like. It Poses Different Questions. What Constitutes A Contempt Of Court? When And How This Jurisdiction Has To Be Exercised? In What Way Is The Judiciary, One Of The Organs Of The State, Justified In Controlling Other Organs Of The State And Also Rights Of Citizens In The Name Of Contempt Jurisdiction?No Indepth Study Has Been Undertaken So Far To Ascertain The Answer To The Above Questions. The Author Has Made Sincere And Humble Attempt To Cull Out Answers To The Above Questions In The Light Of Judicial Interpretations.The Concept Of Criminal Contempt, Which Includes Prejudicing Fair Trial Or Interfering With The Administration Of Justice Or Scandalising The Court, Is Analysed In Relation To The Rights Of Individuals And Those Of The Press. The Concept Of Civil Contempt, Which Includes Disobedience To The Orders Of The Court Or Breach Of An Undertaking, Is Analysed In Relation To The Administrative Authorities And Corporations, Individuals And Subordinate Judiciary.The Existing Political And Social Scenario Requires A Comprehensive Understanding Of This Branch Of Law To Eliminate Its Possible Misinterpretation. It Is Hoped That The Observations And Suggestions Made By The Author Will Be Of Immense Help And Of Use For Students, Lawyers, Law Teachers And Administrators.

Download or read book Information Rights written by Philip Coppel and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 2047 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC

Download or read book English Legal System in Context 6e written by Fiona Cownie and published by Oxford University Press. This book was released on 2013-07-25 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title has been written with a very simple aim in mind - to provide a text which will enable the English legal system to be taught as an interesting, intellectually stimulating course.

Download or read book A Virtue Less Cloistered written by Ian Cram and published by Hart Publishing. This book was released on 2002-10-05 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on the constitutionalization of expression interests across the common law world to re-assess the permissible restraints on speech.

Download or read book The Insecurity State written by Peter Ramsay and published by Oxford University Press. This book was released on 2012-04-26 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than a decade, broad and vaguely defined new offences have been enacted in many areas of the criminal law, such as terrorism, money-laundering, fraud, sex offences and anti-social behavior. These have expanded police powers and prosecutorial discretion with little regard for the rule of law. Most theorists have explained the gap between legislative policy and the liberal principles of criminal law theory as the result of 'penal populism': politicians have sacrificed sound normative principles in an opportunistic appeal to an angry and fearful electorate. The Insecurity State, by contrast, argues that this so-called 'populism' in the criminal law can claim some normative principles of its own. It identifies these principles through an analysis of the iconic anti-social behaviour order (ASBO), the flagship of recent British criminal justice policy. Demonstrating that the controversial orders impose a liability on those who fail to reassure others about their future security, he traces the justification of this liability through the conditional character of citizenship in New Labour policy to an underlying concept of 'vulnerable autonomy' that the ASBO serves to protect. The book argues that the vulnerability of individual autonomy is an idea deeply embedded in the political theories that have most influenced British and American political life in recent decades. He shows that the ASBO is the archetype of a wide range of other recently enacted criminal offences in the UK and USA that are justified by the same normative structure. Finally it investigates the paradoxical implications of institutionalising the vulnerability of citizens in the terms of the substantive criminal law. In so doing, the book identifies a weakening of political authority at the heart of contemporary security laws.

Download or read book International Harmonization of Competition Laws written by Jiarui Cheng and published by Martinus Nijhoff Publishers. This book was released on 1995-01-01 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of more than two dozen papers delivered to a symposium on International Harmonization of Competition Laws examines the policies and practices of competition laws in major industrial jurisdictions and emerging industrialized economies such as the host country of the Symposium, the Republic of China on Taiwan. World class scholars and leading enforcement officials contributed to this volume, which examines the difficult issues of harmonizing competition laws. In addition to enhancing the scholarship on a topic of great current interest after the Uruguay Round of GATT talks, the book also systematically examines topical issues in competition laws. It thus not only offers policy analysis, but also provides useful discussions of national and regional competition laws. A useful tool on comparative competition laws, this volume should be of great interest to academics, practitioners and enforcement officials around the world.

Download or read book Tackling Militant Racism written by Peter Jepson and published by Routledge. This book was released on 2020-07-26 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. Militant racism is concerned with antagonism and hostility associated with racist activity. Within a society it is expressed by material that may stir up racial hatred and/or discrimination. It can also be seen on the streets and, indeed, the alleged racist criminality orchestrated by militant gangs. After examining the possible causes of militant racism and its effects, this book considers the new laws designed to tackle racially-motivated crime found in the 1998 Crime and Disorder Act. A central theme of the book is the balance between freedom of expression and penalizing racially-offensive expression.

Download or read book Introduction to Criminal Law written by Rupert Cross and published by Lexis Law Publishing (Va). This book was released on 1988 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Information Rights written by Philip Coppel KC and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 4550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retaining the position it has held since first publication, the fifth edition of this leading practitioner text on information law has been thoroughly re-worked to provide comprehensive coverage of the Data Protection Act 2018 and the GDPR. Information Rights has been cited by the Supreme Court, Court of Appeal and others, and is used by practitioners, judges and all those who practise in the field. The new edition maintains its style of succinct statements of principle, supported by case law, legislative provisions and statutory guidance. Reflecting its enlarged scope and to maintain easy referencing, the work has been arranged into two volumes. The first volume is a 1,250-page commentary, divided into six parts. The first part is an overview and introduction to overarching principles. The second part provides an authoritative treatment of the data protection regime. This covers all four forms of processing (general, applied, law enforcement and security services) under the GDPR and DPA 2018. Each obligation and each right is comprehensively treated, with reference to all known case-law, both domestic and EU, including those dealing with analogous provisions in the previous data protection regime. The third part provides a detailed treatment of the environmental information regime. This recognises the treaty provenance of the regime and its distinct requirements. The fourth part continues to provide the most thorough analysis available of the Freedom of Information Act and its Scottish counterpart. As with earlier editions, every tribunal and court decision has been reviewed and, where required, referenced. The fifth part considers other sources of information rights, including common law rights, local government rights and subject-specific statutory information access regimes (eg health records, court records, audit information etc). The final part deals with practice and procedure, examining appeal and regulatory processes, criminal sanctions and so forth. The second volume comprises extensive annotated statutory material, including the DPA 2018, the GDPR, FOIA, subordinate legislation, international conventions and statutory guidance. The law is stated as at 1st February 2020.

Download or read book Civil Liberties and Human Rights written by Helen Fenwick and published by Routledge. This book was released on 2009-06-02 with total page 1724 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a detailed, thought-provoking and comprehensive text that is valuable not only for students but also for all those interested in the development of civil liberties in the Human Rights Act era

Download or read book The Judiciary Discrimination Law and Statutory Interpretation written by Michael Connolly and published by Routledge. This book was released on 2018-08-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1856, the US Supreme Court denied Dred Scott, now free of slavery, his Constitutional rights, solely because he was black. According to the Court, when the Constitution was drafted, some 60 years earlier, its authors would not have intended that ‘a subordinate and inferior class of beings’ qualified as citizens of the United States. Thus, the meaning of language drafted over half a century before was frozen in time. This case, perhaps more than any other, demonstrates that the matter of statutory interpretation is critical, technical, and, sometimes, highly emotive. The case is not a mere nugget from history to indulge our disgust with values of another age, and with it a satisfaction of our progress to today’s higher moral ground. It is the unfortunate case that the senior courts of England continue to produce highly contentious interpretations of our equality and discrimination laws. This book examines these cases from the perspective of statutory interpretation, the judge’s primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved – using conventional methods of interpretation; this would have produced simpler, technically sound judgments. Rather like the case of Dred Scott, these were easy cases producing bad law.

Download or read book Canadian criminal cases written by and published by . This book was released on 1996 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: