§ Mr. Silvesterasked the Attorney-General what factors he takes into account when considering whether to institute proceedings for contempt of court when reports appear in the press concerning persons who have been arrested, and are likely to face trial, for terrorist offences in Northern Ireland and when those reports contain prejudicial allegations about the previous terrorist activities of the persons concerned.
§ The Attorney-GeneralMy attention has been drawn from time to time recently to reports in the press, both local and national, about the previous activities and associations of persons who have been arrested for criminal offences, especially terrorist offences in Northern Ireland. On the facts of the particular cases that I have seen, I have not thought it necessary to institute408W proceedings for contempt of court. But I would remind those concerned, and in particular the editorial staff of newspapers, that such reports could in some cases be prejudicial to the right of accused persons to receive a fair trial. If there were a substantial risk that the course of justice in the proceedings in question would be seriously impeded or prejudiced, the publication of the reports could constitute a contempt of court to which the strict liability rule—as defined in the Contempt of Court Act 1981— applies; that is to say, it would be a contempt of court regardless of whether there was any intention to interfere with the course of justice in particular legal proceedings. I would further remind the press that proceedings are to be treated as active for the purposes of the strict liability rule as soon as a warrant for arrest has been issued or as soon as a person has been arrested without a warrant.