Contempt of Court

Contempt of Court in United Kingdom

Definition of Contempt of Court

In accordance with the work A Dictionary of Law, this is a description of Contempt of Court : 1. (civil contempt) Disobedience to a court judgment or process, e.g. breach of an injunction or improper use of discovered documents. If the injunction is served on the defendant with a penal notice attached, breach of the injunction can result in the defendant being jailed.

2. (criminal contempt) Conduct that obstructs or tends to obstruct the proper administration of justice. At common law criminal contempt includes the following categories:

(1) Deliberately interfering with the outcome of particular legal proceedings (e.g. attempting improperly to pressurize a party to settle legal proceedings) or bribing or intimidating witnesses, the jury, or a judge.

(2) Contempt in the face of the court, e.g. using threatening language or creating a disturbance in court.

(3) Scandalizing the court by “scurrilous abuse” of a judge going beyond reasonable criticism or attacking the integrity of the administration of justice.

(4) Interfering with the general process of administration of justice (e.g. by disclosing the deliberations of a jury), even though no particular proceedings are pending.

Under the Contempt of Court Act 1981 it is a statutory contempt to publish to the public, by any means, any communication that creates a substantial risk that the course of justice in particular legal proceedings will be seriously impeded or prejudiced, if the proceedings are active. Such publications constitute strict-liability contempt, in which the intention to interfere with the course of justice is not required, but there are various special defences. It is also contempt under the Act to obtain or disclose any particulars of jury discussions and to bring into court or use a tape recorder without permission. The Act also protects (subject to certain exceptions) sources of information against disclosure in court. Contempt of court is a criminal offence punishable by a jail sentence and/or a fine of any amount ordered by the court.

Definition of Contempt Of Court

The reporting of judicial proceedings and recording and imaging is prohibited under the contempt of court act 1981.


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