Edward
Bartender
- Messages
- 26,294
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- London, UK
But if he offers you a leather jacket, I'd have a good close look at it first...
Quick straw poll. I was thinking of starting a thread devoted to the trial detail, just for people to read but not comment, the latter of which can be kept for this thread. How do people feel about this?
Given the impact of these legal proceedings within this particular community, and especially given the rumours, counter-rumours and fractured consumer loyalties that this whole, sorry business has led to in these parts, I would lean to the view that a single thread carrying a clear explanation of the facts of the case would be a useful source of information going forward.
Sounds like a good idea. Will the Calders be commenting, maybe after the sentencing?
I should expect we'll see public statements made by all the key parties in relation to the case in due course. The normal pattern would be for them to hold off until after the sentencing (in part owing to contempt of court laws in the UK; these proceedings are still 'active' until sentence is passed, and as such care needs to be exercised about the expression of opinions in relation to the facts).
Sloan, I agree that a separate thread, where only you can manage the content would be great.
Other than your own time limits, are there any legal reasons this couldn't be started asap?
The only real limitations here are those imposed by the Contempt of Court Act 1981. While the case remains 'active' (proceedings are 'active' from the point of arrest until the point of sentencing), it is a criminal offence to publish anything which poses a "substantial risk of serious prejudice" to the impartiality of the proceedings. This is a strict liability offence (there still also exists a separat,e common law offence of intentional contempt, but this is rarely prosecuted). Given that TFL has been named more than once during these proceedings, it's wise for the forum to exercise a bit of caution here. In particular, the legal position in relation to potential future actions (appeals, other prosecutions, civil cases...) is murky, but as the caselaw currently sits, anything uploaded next month, when proceedings are no longer active, can be considered to be 'published' anew each time it is downloaded and read - including years from now, when new proceedings have since become active. The best way to avoid any legal problems for the forum is to have a simple record of the facts, with caution exercised in relation to opinions being expressed. Sloan, obviously, has been well briefed on the legalities of it all, so knows what he's doing. His non-sensational report of the details of the trial would, in my view, be a welcome means of putting to bed a large proportion of the speculation of recent years.


