Identification of a suspect before being charged: legitimate freedom of speech or a threat to a fair trial?

Burgess, Craig Neilson (2005) Identification of a suspect before being charged: legitimate freedom of speech or a threat to a fair trial? Masters by Research thesis, Queensland University of Technology.


Identification of a person suspected of a heinous crime before being charged risks prejudicing a fair trial. Present laws place this type of publicity outside the reach of sub judice contempt. This thesis argues there should be a change in the law of sub judice contempt making it an offence for the media to publish the fact that a person is under investigation until the person has been charged.

Impact and interest:

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ID Code: 16178
Item Type: QUT Thesis (Masters by Research)
Supervisor: Butler, Desmond
Keywords: Contempt of court, subjudice, naming suspects before charge, effect of prejudicial pre- trial publicity, influence on jurors, memory, freedom of speech, open justice, public interest, public safety - fair trial, evidential problems - remedies for prejudicial publicity, preferred approach
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Department: Faculty of Law
Institution: Queensland University of Technology
Copyright Owner: Copyright Craig Neilson Burgess
Deposited On: 03 Dec 2008 03:57
Last Modified: 28 Oct 2011 19:44

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