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  • Essay / The concept of a fair trial - 1481

    “The right of a criminal accused to a fair trial is absolute... The right to a fair trial is a right enjoyed by both the guilty and the innocent, for a L “The accused is presumed innocent until proven guilty in a fair trial” (Randall v. R. (Cayman Islands), 2002). The concept of a fair trial is explicit; it simply means an impartial trial which is carried out to grant each party involved in a case their fundamental right which guarantees them the right to what is due to them. The proposed scenario raises questions of contempt of court, rule of pending cases and code of ethics of media professionals. This essay will expose the aforementioned issues, discuss whether the comments made by Speek Owt are lawful or not and outline the consequences he and Scandal FM will face. The law dealing with contempt in Caribbean jurisdictions is generally considered to be common law, except in Guyana, where there is a contempt of court law. Common law offenses are established by the courts in years where there is no legislation, that is to say they arise from case law. According to Crone (2002), contempt of court refers to improper interference in the administration of justice. Its origin lies in the rule of law, according to which the court must be free to decide the cases before it, without being hindered by any external influence. The publication of a contempt can be a criminal or civil contempt. At common law, there are three offenses of criminal contempt. This includes interference with pending or threatened legal proceedings, contempt of court and court scandal. Speech Owt's offense of criminal contempt is interfering with pending or threatened legal proceedings. It's about probability...... middle of paper ...... Contempt of court and contempt of Parliament. (nd). Unpublished raw data, Caribbean Institute of Media and Communications, University of the West Indies, Mona. Kingston, Jamaica. Crone, T. (2002). Law and media. (4th ed.). Woburn, MA: Focal Press. Daley, V. (2014). Contempt Law [Online Forum Content]. Retrieved March 12, 2014, from ourvle.mona.uwi.edu. POUS report. (2008). Forum on Contempt of Court and Media Publicity. London, England. Code of Ethics of the Press Association of Jamaica. (2005). Accessed March 12, 2014, from http://www.pressassociationjamaica.org/wp-content/uploads/2010/07/Code-for-Media-Practitioners.pdfDisclosure: A Jamaican protocol. (nd). Retrieved March 13, 2014 from http://dpp.gov.jm/sites/default/files/pdf/Disclosure%20-%20A%20Jamaican%20Protocol.pdf