Legal term: Sub judice

I received an sms from my learned friend as follows:

"Salam tuan. Minta tlg cuz i know ur good in this. What is the legal term for an issue which is on trial tp had yet to be decided by the court? Unprecendeted bukan kan. Apa ya."

I can’t really recall what is the term because she has mentioned the word unprecedented.

Few minutes later she sms me again:

"Hehe sy dpt suda. Sub judice tuan. Hehehe"

Wow.. I never thought that sub judice is a matter which is on trial but yet to be decided by the court. I can only recall the word in reference to a contempt of court.

I immediately look up in wikipedia what is sub judice all about.

In law, sub judice, Latin for “under judgment”, means that a particular case or matter is under trial or being considered by a judge or court. The term may be used synonymously with “the present case” or “the case at bar” by some lawyers.

In England and Wales,[citation needed]Ireland,[1]New Zealand,[2][3][4]Australia,[citation needed]India[citation needed], Pakistan,[citation needed]Canada,[5]Sri Lanka,[citation needed] and Israel[citation needed] it is generally considered inappropriate to comment publicly on cases sub judice, which can be an offence in itself, leading to contempt of court proceedings. This is particularly true in criminal cases, where publicly discussing cases sub judice may constitute interference with due process.[citation needed]

In English law, the term was correctly used to describe material which would prejudice court proceedings by publication before 1981. Sub judice is now irrelevant to journalists because of the introduction of the Contempt of Court Act 1981. Under Section 2 of the Act, a substantial risk of serious prejudice can only be created by a media report when proceedings are active. Proceedings become active when there’s an arrest, oral charge, issue of a warrant, or a summons.

In the United States, there are First Amendment concerns about stifling the right of free speech which prevent such tight restrictions on comments sub judice. However, State Rules of Professional Conduct governing attorneys often place restrictions on the out-of-court statements an attorney may make regarding an ongoing case. Furthermore, there are still protections for criminal defendants, and those convicted in an atmosphere of a media circus have had their convictions overturned for a fairer trial.

So now I am very clear on the term.

Cheers!