Currently, more than 100 people are sent to prison each year for contempt of court. However, contempt also exists in civil law, which creates confusion, and the Law Commission argues the current structure is out of date and lacks clarity. Instead, it recommends there be four forms of contempt.
First, general contempt, where a person deliberately interferes with the administration of justice in a ‘non-trivial way’, or creates a ‘substantial risk’ of doing so.
Second, breach of court order or undertaking, where the person was aware the breach would be a contempt. Third, publishing material while proceedings are active, which creates a ‘substantial risk’ of seriously impeding or prejudicing the course of justice. Criminal proceedings will be considered ‘active’ on charge, not arrest. It will be up to the publisher to assess the risk—the Law Commission does not specify what information can be published although it suggests basic details such as ‘name, age, nationality, ethnicity, religion or immigration status’ will generally create no risk.
Fourth, disrupting legal proceedings by engaging in abusive, threatening or disorderly behaviour.
The Law Commission also proposes making the Attorney General’s decisions to bring contempt proceedings in the public interest subject to judicial review for the first time.
Professor Penney Lewis, Commissioner for Criminal Law, said contempt laws ‘have become fragmented and unclear in the modern communications age.
‘Our review found significant problems with coherence, consistency and clarity across civil, criminal and family courts. These reforms make contempt law fairer and more predictable’.
The recommendations, published this week, will be followed by part two of the Law Commission’s review, ‘Contempt of Court’, next year. In March and in July 2024, the Commission issued consultation papers on the subject.
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