8 How court determines whether publication creates real risk of prejudice to right to fair trial

(1)

In determining whether, for the purpose of section 7(2)(c), a publication creates a real risk of prejudice to person A’s right to a fair trial, the court must consider the following:

(a)

the likely effect of the publication as a whole:

(b)

whether the publication is likely to be available to jurors or potential jurors:

(c)

the medium in which the publication is presented and its potential accessibility and durability:

(d)

the content of the publication:

(e)

the character of the publication, including the language and tone used in it:

(f)

any other relevant circumstances relating to the likely effect of the publication.

(2)

In its consideration of the content of the publication, the court may (without limitation) consider whether the publication includes any of the following:

(a)

information indicating that person A is of bad character, including previous misconduct, criminal or gang affiliations, criticism of person A’s personality, or information about previous charges or acquittals:

(b)

information indicating that person A has confessed to the charge, or any component of it, or to conduct that may result in person A being charged or convicted:

(c)

information commenting on the credibility of person A or any witnesses:

(d)

information given at trial in the jury’s absence or information that has been ruled inadmissible at trial:

(e)

photographs, pictorial information, or other information that reveals the appearance of person A if the identity of the alleged offender is, or is likely to be, in issue at trial.