Prejudicial publicity: when will it ever result in a permanent stay of proceedings?

Article


Burgess, Craig N.. 2009. "Prejudicial publicity: when will it ever result in a permanent stay of proceedings?" University of Tasmania Law Review. 28 (1), pp. 63-80.
Article Title

Prejudicial publicity: when will it ever result in a permanent stay of proceedings?

ERA Journal ID34056
Article CategoryArticle
Authors
AuthorBurgess, Craig N.
Journal TitleUniversity of Tasmania Law Review
Journal Citation28 (1), pp. 63-80
Number of Pages17
Year2009
Place of PublicationHobart, Australia
ISSN0082-2108
Web Address (URL)http://www.austlii.edu.au/au/journals/UTasLawRw/2009/3.html
Abstract

The Queensland Court of Appeal's decision to overturn a District Court judge's decision to permanently stay criminal charges because of adverse publicity against a man accused of child offences has again highlighted tensions between free speech and the right of an accused to a fair trial. Australian courts have traditionally accorded the fair trial principle primacy over free speech. Fairness is not a selective concept; it applies to the accused as much as it does to the prosecution. For the public has an inerest in ensuring not just that justice is done but that it is done fairly. However it appears the stridency of the media is leading a trend to affording free speech a higher priority especially in cases which have attracted media attention and alleged community concern.

Keywordspublic interest - influence on jurors-fair trial
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
Public Notes

File reproduced in accordance with the copyright policy of the publisher/author.

Byline AffiliationsSchool of Law
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