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Contempt of Court Act 2019

Provisions to promote and facilitate administration of justice - Prohibiting publication of certain criminal trial information

8: How court determines whether publication creates real risk of prejudice to right to fair trial

You could also call this:

"How a court decides if a publication might unfairly affect a trial"

Illustration for Contempt of Court Act 2019

When a court decides if something that is published might stop someone from having a fair trial, you need to think about some things. The court looks at how the whole publication might affect the trial. They consider if jurors or potential jurors will see the publication. They also think about the type of medium used, like a newspaper or website, and how easy it is to access and how long it will be available.

The court thinks about what the publication says and the language and tone used. They consider if the publication talks about the person's past or if it comments on their credibility. The court may look at if the publication includes information that was not allowed in court or if it shows what the person looks like, which could be important if their identity is part of the trial.

The court considers all these things to decide if the publication might prejudice the person's right to a fair trial, as mentioned in section 7(2)(c).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS24804.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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7: Offence to publish certain criminal trial information, or

"Don't share secret info about a court case or you could get in trouble with the law"

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9: Further provisions applying for purpose of section 7, or

"Rules to follow when the court orders information to be removed or hidden"

Part 2Provisions to promote and facilitate administration of justice
Prohibiting publication of certain criminal trial information

8How court determines whether publication creates real risk of prejudice to right to fair trial

  1. In determining whether, for the purpose of section 7(2)(c), a publication creates a real risk of prejudice to person A’s right to a fair trial, the court must consider the following:

  2. the likely effect of the publication as a whole:
    1. whether the publication is likely to be available to jurors or potential jurors:
      1. the medium in which the publication is presented and its potential accessibility and durability:
        1. the content of the publication:
          1. the character of the publication, including the language and tone used in it:
            1. any other relevant circumstances relating to the likely effect of the publication.

              1. In its consideration of the content of the publication, the court may (without limitation) consider whether the publication includes any of the following:

              2. information indicating that person A is of bad character, including previous misconduct, criminal or gang affiliations, criticism of person A’s personality, or information about previous charges or acquittals:
                1. information indicating that person A has confessed to the charge, or any component of it, or to conduct that may result in person A being charged or convicted:
                  1. information commenting on the credibility of person A or any witnesses:
                    1. information given at trial in the jury’s absence or information that has been ruled inadmissible at trial:
                      1. photographs, pictorial information, or other information that reveals the appearance of person A if the identity of the alleged offender is, or is likely to be, in issue at trial.