Sub judice is a Latin term meaning “under judgment.” In legal contexts, it refers to a case or matter that is currently under judicial consideration and has not yet been decided. Here are some key points:
- Legal Principle: It’s a principle in many legal systems that matters under court consideration should not be publicly commented on or discussed in a way that could prejudice the judicial proceedings.
- Purpose: The purpose is to prevent any influence on the judicial process, ensuring fairness and impartiality in legal outcomes. This includes avoiding prejudicial publicity or influencing potential jurors, witnesses, or even the judge or judges involved.
- Restrictions:
- In some jurisdictions, there might be strict rules prohibiting publication or discussion of certain details of the case while it is sub judice.
- This can apply to media, individuals, and sometimes even legislative bodies discussing the case in detail.
- Application:
- In common law countries like the UK, it’s often cited in contempt of court laws where discussing a case publicly might be seen as contempt if it could influence the case’s outcome.
- The rule helps maintain the integrity of the judicial process by ensuring decisions are based purely on evidence and law, not on public opinion or external commentary.
- This principle underscores the separation between judicial proceedings and public or political influence, aiming for an unbiased legal process.
The sub judice rule prevents MPs or Lords from referring to a current or impending court case. Although the House is entitled under parliamentary privilege to discuss any subject, sub judice applies to avoid the House from debating a subject and possibly influencing the legal outcome of a case.
4.68 The privilege of freedom of speech in Parliament places a corresponding duty on members to use the freedom responsibly. This is the basis of the sub judice rule. Under the rule both Houses abstain from discussing the merits of disputes about to be tried and decided in the courts of law.
4.69 The Joint Committee on Parliamentary Privilege recommended that the two Houses should adopt a resolution on sub judice set out in the committee’s report.[155] The House of Lords did this on 11 May 2000. The resolution is as follows:
“That, subject to the discretion of the Lord Speaker,[156] and to the right of the House to legislate on any matter or to discuss any delegated legislation, the House in all its proceedings (including proceedings of committees of the House) shall apply the following rules on matters sub judice:
(1) Cases in which proceedings are active in United Kingdom courts shall not be referred to in any motion, debate or question.
(a) (i) Criminal proceedings are active when a charge has been made or a summons to appear has been issued, or, in Scotland, a warrant to cite has been granted.
(ii) Criminal proceedings cease to be active when they are concluded by a verdict and sentence or discontinuance, or, in cases dealt with by courts martial, after the conclusion of the mandatory post-trial review.(b) (i) Civil proceedings are active when arrangements for the hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance.
(ii) Any application made in or for the purposes of any civil proceedings shall be treated as a distinct proceeding.
(c) Appellate proceedings, whether criminal or civil, are active from the time when they are commenced by application for leave to appeal or by notice of appeal until ended by judgment or discontinuance.
But where a ministerial decision is in question, or in the opinion of the Lord Speaker a case concerns issues of national importance such as the economy, public order or the essential services, reference to the issues or the case may be made in motions, debates or questions.
(2) Specific matters which the House has expressly referred to any judicial body for decision and report shall not be referred to in any motion, debate or question, from the time when the Resolution of the House is passed, until the report is laid before the House.
(3) For the purposes of this Resolution—
(a) Matters before Coroners Courts or Fatal Accident Inquiries shall be treated as matters within paragraph (1)(a); and
(b) “Question” includes a supplementary question.4.70 The House has agreed that the practice governing motions and questions relating to matters sub judice should be similar in both Houses of Parliament.[157] It is desirable that each House should be in the same position to debate a sub judice matter when the circumstances warrant it.
4.71 The rules governing sub judice do not apply to bills, Measures or delegated legislation or to proceedings on them. Nor do they apply to matters being considered by departmental inquiries and the like; but it is recognised that Parliament should not generally intervene in matters where the decision has been delegated to others by Parliament itself.
4.72 A case is deemed to be sub judice from the moment a petition for leave to appeal is presented to the House of Lords.[158]
4.73 The Lord Speaker must be given at least 24 hours’ notice of any proposal to refer to a matter which is sub judice. The exercise of the Speaker’s discretion may not be challenged in the House.[159]
Companion to the Standing Orders and guide to the Proceedings of the House of Lords
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The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.
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