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Proceedings
become inactive
This occurs
when:
the arrested
person is released without charge (except when on police
bail);
no arrest is
made within 12 months of a warrant being issued;
the case is
discontinued;
the defendant
is acquitted or sentenced;
the defendant
is found not to be fit for trial, or to plead;
the court
orders the charge to lie on file.
Even after a
verdict has been passed, journalist are still not out of
danger. Between this point and sentencing, a carefully
constructed background article can be protected by the defence
of discussion in good faith.
If an appeal
is lodged, proceedings become active once more, and are
inactive once the appeal is over. This creates a gap where
there is a free-for-all period between sentencing and lodging
an appeal.
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