A loophole in a Manx law that aims to ensure fair trials is set to be closed.

The move comes after a trial had to be abandoned when photographs were taken in court.

It was discovered that, unlike England, contempt of court legislation in the Isle of Man does not prohibit specifically the taking of photographs in court.

Now the Attorney General’s chambers has drafted new laws to prohibit unauthorised photography and ’unauthorised press reporting’ of court proceedings.

A spokesman said: ’A trial in a recent criminal case in the Manx courts had to be abandoned because photographs were taken in court during the closing stages of the trial, seemingly of the jurors and the prosecuting advocate. The jury had to be discharged.

’The Deemster directed the police to conduct an inquiry into possible contempt of court or an offence of attempting to pervert the course of justice.’

Prohibition

The spokesman added: ’It was then discovered that, unlike England, which has legislation prohibiting photography in courts without the leave of the court, nothing in this jurisdiction, other than perhaps the inherent power of the court to regulate its own proceedings, precludes such photographs from being taken.’

The draft Contempt of Court Bill, is ’aimed at protecting the rule of law, ensuring fair trials and protecting the confidentiality of a jury’s deliberations’.

It also proposes ’stiffer’ maximum penalties for offences, with up to two years’ custody.

The bill is based on the UK Contempt of Court Act 1991, and also covers the unauthorised use of recording equipment in court and the confidentiality of jury deliberations.

It also sets out the strict liability rule for publications, which states that conduct may be treated as contempt of court regardless of intent to interfere with the course of justice.

Contempt of court rules aim to prevent anything that might stop a trial being fair. They do not normally prevent the media from publishing facts from hearings, including the details of the accused and the charges.

The courts can sometimes issue directions to prevent certain aspects from being reported. In some cases this can involve a ban on any information that may lead to the identification of a victim. This usually happens in cases involving children or specific serious offences, such as rape.

Prejudice

Basically, the aim is to prevent the publication of anything that would create a substantial risk of justice being prejudiced or impeded.

A media outlet cannot be in contempt of court if it can demonstrate that any report of court proceedings is ’contemporaneous, fair and accurate’.

Unauthorised recordings of court proceedings - audio or visual - are not allowed.

The draft bill also addresses the right to appeal against reporting restrictions directed by the court and sets out that someone is not in contempt of court for refusing to reveal a source - unless it is in the interests of justice or national security, or to detect or prevent a crime.

A public consultation document has been published on consult.gov.im and the final date for submissions is September 28.

Views can be submitted to [email protected] or by writing to Mrs Hubble at the attorney general’s chambers, Belgravia House, Circular Road, Douglas, IM1 1AE.