Contempt of court is a legal concept that refers to any behaviour or action that disrespects the court's authority, undermines the legal process, or disrupts court proceedings. It is a serious offence with severe legal consequences, including fines and imprisonment. Understanding contempt of court is important for individuals involved in legal proceedings, as it can help them avoid unintentionally committing contempt and facing harsh penalties.
This article will cover:
Contempt of court meaning and types
Examples of contemptuous behaviour
Legal consequences of contempt, including fines and imprisonment
Guidelines on how to avoid contempt of court
The importance of maintaining proper conduct during court proceedings.
What is Contempt of Court?
Contempt of court refers to any behaviour or action that disrespects the court's authority, undermines the legal process, or disrupts court proceedings. It involves intentional or reckless disregard for the court's rules, orders, or dignity, and can occur in various forms, including words, actions, or omissions.
Contempt of court is a serious offence that affects the legal process in many ways. It challenges the court's authority and makes it hard for the court to stay in control. This can lead to delays in trials and hearings, unfair trials or outcomes, and difficulty getting justice.
Contempt also makes people lose trust in the legal system. When someone disrespects the court, it looks like the court is weak or can't control what happens. This can have big consequences, like people questioning if the legal system works, and losing faith in the court's ability to deliver justice.
Contempt can also influence the outcome of cases. It can affect witnesses, making them less likely to tell the truth, jurors, making them biased or influenced, and judges, making them less able to make fair decisions.
Lastly, contempt causes problems in court, like delays and disruptions, fights or physical confrontations, and security issues, like having to remove someone from the court. All these problems make it hard for the court to do its job properly and deliver justice.
Types of Contempt of Court
Contempt of court can be categorised into two main types: civil contempt and criminal contempt. Additionally, contempt can be classified as direct or indirect, depending on where it occurs.
Civil Contempt
Civil contempt usually involves disobedience of court orders in civil cases and can result in penalties like fines, additional court orders, or even imprisonment. Examples include:
Court order violation or violating injunctions, like failing to stop a specified behaviour.
Failing to comply with court-ordered mediation or arbitration, like not attending scheduled sessions.
Disobeying discovery orders or refusing to produce evidence, like withholding documents.
Failing to pay court-ordered fines or judgments, like ignoring payment deadlines.
Criminal Contempt
Criminal contempt includes actions that disrupt court proceedings or show disrespect to the court and can attract severe penalties, including fines and imprisonment. Examples of criminal contempt include:
Inappropriate courtroom behaviour such as shouting or causing a disturbance in the courtroom or interrupting court proceedings.
Taking unauthorised photos or recordings in the courtroom, like capturing jurors' faces
Influencing or intimidating witnesses or jurors, like threatening them outside court
Refusing to follow court orders or instructions, like ignoring a judge's directions
Direct vs. Indirect Contempt
Direct contempt occurs within the courtroom, in the presence of the judge, and typically involves disruptive or disrespectful behaviour. Direct contempt is considered more serious than indirect contempt because it directly disrupts the court proceedings and challenges the authority of the judge. Examples include:
Shouting at the judge or other court officials.
Causing a physical disturbance or altercation in the courtroom.
Refusing to follow court orders or instructions.
Using disrespectful language or tone.
Indirect contempt, on the other hand, occurs outside the courtroom but still affects the proceedings. Indirect contempt can be just as serious as direct contempt, even though it occurs outside the courtroom. Examples are:
Influencing or intimidating witnesses or jurors outside of court.
Violating court orders or injunctions outside the courtroom.
Failing to comply with discovery orders or produce evidence.
Engaging in conduct that undermines judicial authority or court decisions.
Legal Consequences of Contempt of Court
Contempt of court can result in severe legal consequences, including fines and imprisonment. The penalties for contempt of court can vary depending on the type and severity of the offence. Here are some possible penalties:
Fines: The court can impose fines on individuals found guilty of contempt. The amount of the fine will depend on the severity of the offence and the individual's financial circumstances. The court may also order the individual to pay costs associated with the contempt proceedings.
Imprisonment: In more serious cases, the court can impose a prison sentence. The length of the sentence will depend on the severity of the offence, with more serious cases potentially resulting in longer sentences.
Suspended Sentence: In some cases, the court may impose a suspended sentence, where the individual is not required to serve time in prison unless they commit another offence.
Community Service: The court may order the individual to perform community service as a penalty for contempt.
Imprisonment until Compliance: In cases where an individual fails to comply with a court order, the court may imprison them until they comply
Under UK law, the maximum penalty for contempt of court is as follows:
Criminal Contempt:
Up to 2 years imprisonment (Section 14, Contempt of Court Act 1981)
Unlimited fine (Section 14, Contempt of Court Act 1981)
The court may also impose a suspended sentence, community service, or a combination of penalties
Civil Contempt:
Unlimited fine (Section 2, Civil Procedure Rules 1998)
Imprisonment for a maximum of 2 years (Section 2, Civil Procedure Rules 1998)
Sequestration of assets (Section 2, Civil Procedure Rules 1998) The court may also impose a receivership order to manage the individual's assets.
Recent Cases and Sentences
In 2020, Boris Johnson, the former UK Prime Minister, was found in contempt of court UK for failing to comply with a court order to attend a hearing related to a Brexit-related case.
In 2019, Tommy Robinson, a far-right activist, was sentenced to 9 months imprisonment for contempt of court after live-streaming outside a courthouse during a trial.
In 2018, Tommy Robinson was sentenced to 13 months imprisonment for contempt of court after filming defendants in a criminal trial and broadcasting it on social media.
In 2017, Ronnie Pickering, a Hull-based businessman, was sentenced to 12 weeks imprisonment for contempt of court after repeatedly disrupting court proceedings and using abusive language.
Examples of Contempt of Court
The following are some of the most notable cases illustrating different types of contempt:
BMW v. Roundview (2019)
BMW obtained an injunction against Roundview, prohibiting them from selling certain vehicles. Roundview breached the order, leading to a contempt of court action. The court found that Roundview had deliberately flouted the injunction, selling 17 vehicles in breach of the order.
Contemptuous Behaviour
BMW v. Roundview (2019) is a prime example of contempt of court. Roundview's breach of the court order constitutes contempt because they deliberately disobeyed a clear and specific court order, showing a blatant disregard for the court's authority. By selling vehicles that were subject to the injunction, they interfered with the administration of justice and demonstrated a lack of respect for the court's power to regulate their behaviour. This contemptuous behaviour undermined the court's ability to enforce its orders and maintain control over the legal process.
Penalty
The court imposed a £25,000 fine and £30,000 costs for the breach of the court order, highlighting the severity of Roundview's contempt.
Tommy Robinson v. Attorney General (2019)
Tommy Robinson, a far-right activist, live-streamed outside a courthouse during a trial, potentially influencing jurors. The court found that Robinson's actions had created a substantial risk of prejudicing the trial.
Contemptuous Behaviour
Tommy Robinson's live-streaming outside the courthouse during a trial is another clear example of contempt. By intentionally publishing information that could prejudice the trial, he interfered with the administration of justice and showed a clear disregard for the court's authority. His actions created a substantial risk of prejudicing the trial, which could have impacted the outcome of the case. This behaviour demonstrates a lack of respect for the court's power to regulate his behaviour and maintain the integrity of the trial process.
Penalty
He was sentenced to 9 months imprisonment for contempt by publication.
Neidel v. Neidel (2019)
In a family law case, Mrs. Neidel breached a court order by failing to return the children to their father. The court found that Mrs. Neidel had deliberately disobeyed the order, causing harm to the children.
Contemptuous Behaviour
In Neidel v. Neidel (2019), Mrs. Neidel's failure to return the children to their father constitutes contempt because she deliberately disobeyed a clear and specific court order. Her actions interfered with the administration of justice by failing to comply with a court order related to the welfare of the children. By disobeying the court order, Mrs. Neidel undermined the court's ability to protect the children's interests and maintain order in the legal process.
Penalty
The court imposed a 6-week imprisonment sentence for the breach.
Stanic v. Stanic (2018)
In a divorce case, Mr. Stanic breached a court order by failing to disclose financial information. The court found that Mr. Stanic had intentionally withheld information, showing a blatant disregard for the court's authority.
Contemptuous Behaviour
By intentionally withholding information required by the court, he interfered with the administration of justice. This behaviour prevented the court from making informed decisions in the case, undermining the integrity of the legal process. Mr. Stanic's actions show a clear disregard for the court's authority and the importance of transparency in financial matters.
Penalty
The court imposed a 3-month imprisonment sentence for the breach.
R v. Legal Aid Board (2017)
The Legal Aid Board published a press release criticising a court decision, potentially influencing future cases. The court found that the publication had created a substantial risk of prejudicing future proceedings.
Contemptuous Behaviour
The Legal Aid Board's publication of a press release criticising a court decision in R v. Legal Aid Board (2017) constitutes contempt because it intentionally published information that could influence future cases. This behaviour interfered with the administration of justice by creating a substantial risk of prejudicing future proceedings. The Legal Aid Board's actions demonstrated a lack of respect for the court's authority and the importance of maintaining the integrity of the judicial process. By publishing the press release, they undermined the court's ability to maintain public trust and confidence in the legal system.
Penalty
The court imposed a £5,000 fine for contempt by publication.
How to Avoid Contempt of Court
To avoid contempt of court, follow these guidelines:
Adhere to court orders: Comply with all court orders, including those related to discovery, evidence, and witness testimony.
Maintain proper conduct: Be respectful and courteous to judges, lawyers, and court staff. Avoid disruptive behaviour, such as shouting or using profanity.
Be truthful: Provide honest and accurate information during testimony and in court documents.
Avoid prejudicial statements: Refrain from making statements that could influence the jury or public opinion.
Respect court proceedings: Avoid interrupting or disrupting court proceedings, including trials and hearings.
Follow courtroom rules: Adhere to rules regarding electronic devices, dress code, and communication with jurors.
Avoid contact with jurors: Refrain from communicating with jurors or potential jurors outside of court.
Respect confidentiality: Maintain confidentiality of sensitive information, such as sealed documents or private discussions.
Importance of Adhering to Court Orders and Maintaining Proper Conduct
Adhering to Court orders and maintaining proper conduct is important for the following reasons:
1. Maintains the integrity of the legal process
2. Ensures a fair trial
3. Shows respect for the court and its authority
4. Avoids unnecessary delays and costs
5. Reduces the risk of contempt charges and associated penalties
Frequently Asked Questions
What constitutes contempt of court?
Contempt of court refers to any behaviour or action that disrespects, disobeys, or hinders the court's authority, proceedings, or orders.
Can contempt of court result in a criminal record?
Yes, criminal contempt can result in a criminal record, while civil contempt typically does not.
What is the difference between civil and criminal contempt?
Civil contempt focuses on enforcing court orders or compensating parties, whereas criminal contempt punishes individuals for disrespecting the court or interfering with its proceedings.
How long can someone be imprisoned for contempt of court?
Imprisonment duration varies, but typically ranges from a few days to several months or even years, depending on the severity of the contempt.
Is contempt of court applicable only during criminal trials?
No, contempt of court applies to all court proceedings, including civil trials, hearings, and other judicial processes.
Conclusion
Understanding and avoiding Contempt of Court is important because it maintains the integrity of the legal process, ensures a fair trial, shows respect for the court and its authority, avoids unnecessary delays and costs, and reduces the risk of contempt charges and associated penalties.
If you are facing contempt charges or seeking legal advice related to court proceedings, Lawhive is here to help. Our experienced solicitors can provide guidance on contempt laws and procedures, assist in dealing with legal processes, develop strategies to avoid contempt charges, offer representation in court, and ensure compliance with court orders.