|
The following chart shows how contempt, privilege, defamation and sub judice interact during the reporting of legal proceedings.
They show two common scenarios. In the first, a crime is committed then - after an investigation - a man is charged and undergoes a trial. In the second, a man is arrested at the scene of the crime and goes through the court process.
From the colour-coded steps in the process, see how the different aspects of laws governing reporting change as the case proceeds.
| OFFENCE |
Robbery |
|
Police arrest a man |
|
|
|
at the scene of a |
| INVESTIGATION |
Police hunt for robber |
|
stabbing |
|
They issue description |
|
|
|
|
|
He is questioned |
|
They question a man |
|
|
| ARREST/ CHARGE |
A man is charged |
|
He is charged with murder |
|
|
|
|
| REMAND/ COMMITTAL |
He appears before magistrates |
|
He appears before magistrates |
|
|
|
|
| TRIAL |
He stands trial |
|
He stands trial |
|
|
|
|
| VERDICT |
Jury finds him guilty |
|
The jury finds him |
|
|
|
NOT guilty |
| SENTENCE |
Judge jails him |
|
|
|
|
|
|
| APPEAL |
He appeals |
|
|
|
|
|
|
|
Appeal is dismissed |
|
|
|
|
|
|
|
|
|
|
| KEY |
|
|
|
| |
No restrictions on reporting - except for Defamation laws |
|
|
| |
Start of sub judice period. Restrict reports to known or indisputable facts of the charge |
|
|
| |
Still sub judice. Restrict reports to proceedings of courts |
|
|
| |
Technically still sub judice. Beware of possible contempt of the Appeal Court |
|
|
|
|
|
Assume proceedings are 'pending' if: |
|
* a person is arrested or charged |
|
* a warrant is issued for someone's arrest |
|
* any other act (e.g. issue of a summons) has set the |
|
process in train. |
For a humorous look at how the laws interact, click here to see a cartoon by Papua New Guinean artist Bob Browne in Chapter 66: Court reporting, a case in practice.
^^back to the top
|
