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87. The strict liability rule

(1) In this Chapter "the strict liability rule" means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in legal proceedings regardless of intent to do so.
(2) In this section, "appellate proceedings" means proceedings on appeal from or for the review of the decision of the Court in any proceedings.
(3) The strict liability rule applies only in relation to publications, and for this purpose "publication" includes any photograph, video, film, speech, writing, programme or other communication in whatever form, which is addressed to the public at large or any section of the public and "publish" shall be construed accordingly.
(4) The strict liability rule only applies to a publication which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced.
(5) The strict liability rule applies to a publication only if the proceedings are active at the time of the publication.
(6) First instance and appellate proceedings are active within the meaning of subsection (5) at the times respectively prescribed by subsections (7) to (9); and in relation to proceedings in which more than one of the steps described in any of those subsections is taken, the reference in that subsection is a reference to the first of those steps.
(7) First instance proceedings are active from the time when arrangements for the hearing are made or, if no such arrangements are previously made, from the time the hearing begins, until the proceedings are disposed of or discontinued or withdrawn; and for the purposes of this subsection any motion or application made in or for the purposes of any proceedings, and any pre-trial review, is to be treated as a distinct proceeding.
(8) Arrangements for the hearing of proceedings to which subsection (7) applies are made within the meaning of that subsection —
(a) in the case of proceedings in the Court of First Instance for which provision is made by court procedure rules for setting down for trial, when the case is set down;
(b) in the case of any other proceedings, when a date for the trial or hearing is fixed.
(9) Appellate proceedings are active from the time when they are commenced —
(a) by application for leave to appeal or apply for review, or by notice of such an application;
(b) by notice of appeal or of application for review;
(c) by other originating process,
until disposed of or abandoned, discontinued or withdrawn.