Call us now: 0141 429 8166
Call us now: 0141 429 8166
The Scottish courts uphold the principle of open justice. Almost everything that happens in the courts happens in public. The press are entitled to be present and to report on proceedings. Live tweeting (or in some cases, streaming) of high profile cases has become commonplace.
There are, however, restrictions to abide by. Where court proceedings are active (in criminal cases, from the point of charge onwards) any publication that creates ‘a substantial risk that the court of justice in the proceedings concerned will be seriously impeded or prejudiced’ will be regarded as a contempt of court, on a strict liability basis. Examples include the publication of photographs of the accused, or giving a clear, public, view on the guilt of the accused.
The worry is that adverse press reporting may undermine a criminal prosecution. However, even in the most highly reported cases, arguments that an accused cannot get a fair trial because of negative publicity have tended to fail. The courts usually proceed on the basis that juries will follow judicial directions to ignore such reports, and will, instead, focus on the evidence presented to them. Such jury research as has been undertaken supports this view.
However, that is not to say that court action is not taken against those accused of falling fowl of the restrictions and accused of contempt of court. There can be serious repercussions if such an allegation is upheld. If you are facing an accusation or court proceedings of this nature, it is essential that you seek specialist legal advice without delay.
Our Specialist Litigation Team has experience in defending cases of this nature, contact us on 0141 429 8166 or complete our online enquiry form.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.
Reliable, expert advice you can trust. Get in touch today
AWARD WINNING, SCOTTISH SOLICITORS
