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Report No. 200

(C) UK - Hall v. Assorted Newspapers: "24 hour rule":

The crucial decision which is the basis for the UK Act of 1981, according to the authors Borrie and Lowe (1996, 3 rd Ed, (page 247, 256) is Hall v. Associated Newspapers: 1978 S.L.T 241 (248). In that case, the Scotland Court referred to the test as to whether proceedings have reached the stage when it can be said "that the court has become seized of a duty of care towards individuals who have been brought into a relationship with the court".

Applying that test, it was held (at page 247 of Hall) that contempt applied "from the moment of arrest or (obiter) from the moment when a warrant for an arrest has been granted. With regards to arrest, it was felt hat, at that time, the person arrested is within the protection of the court since he is vested with rights (for example he must be informed of the charge and must be brought before a magistrate within 24 hours) which he can invoke and which the court is under a duty to enforce."

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