Sub judice

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In law, sub judice, Latin for "under judgment," means that a particular case or matter is currently 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, New Zealand, Australia and Canada it is generally considered inappropriate to publicly comment on cases sub judice and can even be an offence in itself, leading to contempt of court proceedings. This is particularly true in criminal cases, where publically discussing cases sub judice may constitute interference with due process.

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, there are still protections for criminal defendants and those convicted in an atmosphere of a circus have had their convictions overturned for a fairer trial.

A more cynical view of the idea was proposed by Dr. David Starkey, who proposed to Ned Sherrin, on the BBC Radio Show, Loose Ends that sub judice meant 'they're still screaming [about the case] in court'.