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This should be tackled too. It knows that this leads to confusion about the law, and that in turn this confusion can affect freedom of expression when people are commenting on courts. Plainly, the Commission thinks its recommendations achieve this clarity. The current rule is basically this: it is a contempt of court to publish something that creates a real risk — as opposed to a remote possibility — of prejudice to the fairness of a trial.
The problem is that this test is nebulous. Yes, we know it covers previous convictions, and appearances at court on other charges, but how much more does it cover? Reporting that the accused has confessed, when that may not be admissible in trial? Showing photos of the accused when identity is at issue? That is too, since witnesses memories may be influenced by seeing the photos.
Reporting on old gang associations? Reporting about previous accusations of misconduct? Discussing the evidence in an unbalanced way? Calling for a conviction? These may well be contempts too. Whether the publication creates a real risk of prejudice might depend on when the story was published, how widely it was read, how splashy it is, how accurate it is, what the trial issues are, and many other factors.
At the press conference on Monday, the Law Commissoners said they believed their recommendations would tighten and clarify this test. Let me say at once that these are laudable aims. Well, this is mostly fine. And it creates a bright line. But it seems to apply to judge-alone trials, even when the convictions have been mentioned in court. Those might not have been regarded as contempt under the old rules.
Still, I doubt anyone would prosecute. On the other hand, this merely codifies the easy part of the law of contempt. There is never much doubt that publishing these things will be a contempt. Empower the courts to make advance rulings setting out what information cannot be published because it will endanger the trial. In fact, the courts have this power.
But they hardly ever use it. The threshold for such injunctions is very high. In fact, I agree. The chilling effect of a law is related to how clear the rule is, and how certain and severe the punishment is. The judges are surely not going to want to act as censors, going through proposed publications line by line.
And the things that need to be banned will depend to some extent on what the trial issues are. I like the idea of more communication between judges and the media in the period leading up to and during the trial. This is happening already in some jurisdictions. But I doubt this can be taken too far.
And I can see judges being very unwilling to engage in any of it, particularly if by proscribing some particular thing they can be taken as approving something else by implication. Making it an offence to create a real risk, as opposed to a remote possibility, of interfering with the administration of justice by prejudicing a fair trial. The first one is the same test. The Commission disagrees: it says it is not designed to change the law.
The benchmark is remoteness. A remote risk is a pretty damn small one. Remoteness is mentioned, but only to emphasise that the risk must not be fanciful. The benchmark is a real risk. But what is it actually like to ride? The Super Tenere has some excellent qualities that make riding it enjoyable. The stock seat is one of them.
It is extremely comfortable at least as stock seats go. Yamaha did something similar: the stock seat can be raised or lowered by 38 MM in just seconds. I will say the seat is ten times easier to put back on then the BMW. This big bike also has some robust brakes that are confidence inspiring. I have to say that this system is impressive; it is clear this system is evolving. For years it seemed BMW certainly had the best system, which I suspected was a result of the parent company making it.
After reading and viewing several things online, we confirmed there is an override for that.
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