Contempt of court

Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. Often stated simply as "in contempt," it is the highest remedy of a judge to impose sanctions on an individual for acts which wantonly or excessively disrupt the normal process of a court hearing.

England and Wales

In English law (a common law jurisdiction) the law on contempt is partly set out in case law, and partly specified in the Contempt of Court Act 1981. Contempt may be a criminal or civil offense.

Related Topics:
English - Common law - Contempt of Court Act 1981 - Criminal - Civil

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All courts are protected by the law on contempt, but only courts of record have a power at common law to punish for contempt.

Related Topics:
Courts of record - Common law

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Criminal contempt of court

The Crown Court is a court of record under Supreme Court Act 1981 and accordingly has power to punish for contempt of its own motion. The Divisional Court has stated that this power applies in three circumstances:

Related Topics:
Crown Court - Supreme Court Act 1981

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• Contempt "in the face of the court" (not to be taken literally - the judge does not need to see it: provided it took place within the court precincts or relates to a case currently before that court);
• Disobedience of a court order; and
• Breaches of undertakings to the court.

Where it is necessary to act quickly the judge (even the trial judge) may act to sentence for contempt.

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Where it is not necessary to be so urgent, or where indirect contempt has taken place the Attorney General can intervene and the Crown Prosecution Service will instute criminal proceedings on his behalf before the Divisional Court of the Queen's Bench Division of the High Court of Justice of England and Wales (Criminal Division).

Related Topics:
Attorney General - Crown Prosecution Service - Queen's Bench Division - High Court of Justice of England and Wales

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Magistrates Courts are not courts of record, but nonetheless have powers granted under the Contempt of Court Act 1981. They may detain any person who insults the court until the end of the session, and imprison them for up to a month, and fine them up to £1500.

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It is contempt of court to bring a tape recorder or camera of any sort into an English court without the consent of the court: this is in stark contrast to the USA where the filming of trials is commonplace.

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It is not contempt of court (under section 10 of the Act) for a journalist to refuse to disclose his sources, unless the court has considered the evidence available and determined that the information is "necessary in the interests of justice or national security or for the prevention of disorder or crime."

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Strict liability contempt

Under the Contempt of Court Act 1981 it is criminal contempt of court to publish anything which creates a real risk that the course of justice in proceedings may be seriously impared. It only applies where proceedings are active, and the Attorney-General has issued guidance as to when be believes this to be the case, and there is also statutory guidance. The clause prevents the newspapers and media from publishing material that is too extreme or sensationalist about a criminal case until the trial is over and the jury has given its verdict.

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Section 2 of the Act limits the common law presumption that conduct may be treated as contempt regardless of intention: now only cases where serious prejudice may be caused are affected.

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Civil contempt

In civil proceedings there are two main ways in which contempt is committed:

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• Failure to attend at court despite a subpoena requiring attendance. In respect of the High Court, historically a writ of Latitat would have been issued, but now a Bench Warrant issued, authorising The Tipstaff to arrange for the arrest of the individual, and imprisonment until the date and time the court appoints to next sit. In practice a grovelling letter of apology to the court is sufficient to ward off this possibility, and in any event the warrant is generally 'backed for bail' i.e. bail will be granted once the arrest has been made and a location where the person can be found in future established.
• Failure to comply with a court order. A copy of the order, with a "penal notice" i.e. notice informing the recipient that if they do not comply they are subject to imprisonment is served on the person concerned. If, after that, they breach the order, proceedings can be started and in theory the person involved can be sent to prison. In practice this never happens as the cost on the claiming of bringing these proceedings is immense and in practice imprisonment is never ordered as an apology or fine are usually considered appropriate.