Sub judice rule.

AnnaStezia

I do not understand the sub judice rule fully.

AFAIK ;

1. A criminal case cannot be the subject of public discussion once the accused has been charged before a court.
2. The media can report on the court proceedings subject to any reporting restrictions imposed by the court.

Where in law is the rule to be found ? Is it a common law concept or is it set down in statute ?

Can a breach of the sub judice rule constitute contempt of court ?

Allinall

Not sure, but I don't think there is any law stating the case cannot be discussed.

It's just that public discussion could prejudice the outcome.

GM228

Two things to note, the sub judice rule only applies when:-

(a) criminal proceedings are imminent (not just likely or under investigation), and

(b) there must be a real risk created as opposed to a merely remote possibility of prejudice.

The sub justice rule is entirety common law, here's two older threads on it:-

https://www.boards.ie/discussion/comment/104527642#

https://www.boards.ie/discussion/comment/108750376#Comment_108750376

A breach of the rule is criminal contempt of court.