What is Contempt of Court in England and Wales?

If you are entering into a dispute or court proceedings, it is highly important that you are aware of the rules around contempt of court. The law around contempt of court exists to prevent conduct that interferes with, abuses or tries to prevent the process of justice and a fair trial. Contempt proceedings have severe consequences, and the court could, in some instances, find you guilty of a criminal offence. This article will explain what contempt of court is and outline some of the differences between civil and criminal contempt.

What is Contempt of Court?

Contempt of court is a part of the law that deals with behaviour interfering with the process of justice in a proceeding. This is usually categorised as contempt by:

• Interference: where you are directly responsible for interrupting court proceedings; or
• Disobedience: where you disobey or breach a court order or judgement which you are bound by.

Contempt by interference is sometimes called ‘contempt in the face of court’. This aims to prevent individuals from hindering or disrupting the process of justice. Some examples include: 

• assaulting a judge or other participants within the trial;
• insulting the court;
• refusing to plead, or refusing to exercise a right of challenge of the jury;
• putting forward false evidence; or
• remaining in court when you have been ordered to leave.

What is Criminal Contempt?

Criminal contempt is when a person’s conduct involves a serious interference with the process of justice. It will typically involve wilful defiance, disrespect towards the court, or undermining the court’s authority or the supremacy of law. 

The most common types of criminal contempt include:

• refusing to answer a question;
• threatening witnesses;
• physically interfering with the trial; or
• any conduct that intends to stop the process of a fair trial. For example, this can include violence, swearing, aggressive behaviour or insubordination.

As with most criminal offences, proving criminal contempt requires the offender to have intended to carry out the crime. Often, a court will infer this intention from the circumstances of the case. 

As mentioned, criminal contempt is not limited to criminal proceedings. Contempt in court cases dealing with breach of contract proceedings could result in parties being liable for criminal contempt.  

What is Civil Contempt?

Civil contempt is slightly different from criminal contempt. Civil contempt can coerce people into complying with what the court wants. Another aim is to punish people who are obscuring the process of justice. Examples include less severe acts, such as disobeying a court order. 

There is also a separate type of contempt that is worth keeping in mind, called contempt by publication. Contempt by publication is when you publish a matter that creates substantial risks of prejudice or impediment to a case. This can be about an active case or an inactive case. A court can, therefore, hold you in contempt for publishing a prejudicial piece even if it has already passed its verdict.  

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Recent Developments

In 2021, the UK implemented significant updates to its contempt of court legislation. These amendments clarify what constitutes contempt and outline more precise procedures for handling such cases.

The updated regulations also emphasise that contempt can occur outside the courtroom. Actions that are now more explicitly defined as potential contempt, regardless of where they take place, include:

• attempting to influence jurors;
• intimidating witnesses; and
• disclosing information subject to reporting restrictions.

The new rules provide more explicit guidelines on how courts should process contempt cases, including decision-making procedures for penalties and the rights of those accused of contempt.

These updates aim to ensure the integrity of legal proceedings in the modern era. It is advisable to seek legal counsel if you are uncertain about the permissibility of actions or communications related to an ongoing court case.

What are the Penalties?

Contempt of court can lead to imprisonment, which can be up to two years, depending on the seriousness of the contempt. 

Alternatively (or additionally), a court could issue a fine. There is no statutory limit to the amount that a court could fine someone for being in contempt unless it is an inferior court, in which case the fine will be up to £2,500. 

A court could also writ of sequestration against the property of the person who has committed the contempt. A writ of sequestration would enable the court to confiscate, or sequester, certain assets. 

Key Takeaways

Whether you are an individual or a corporate party to proceedings, it is crucial to avoid potentially being in contempt of court. This can come with a range of penalties, including potential imprisonment for up to two years, and/or a large fine.

Contempt of court is where you obstruct the process of justice and a fair trial. Examples include physically interfering with the court process, threatening witnesses, or failing to obey a court order. If contempt is particularly severe, it could amount to a criminal offence (for being a criminal contempt). This will come up on your criminal record, and criminal contempt is not limited to criminal proceedings. To avoid being in contempt, it is generally a good idea to obey court orders and ensure that your conduct does not slow down or obstruct a court proceeding.

If you have any questions about contempt of court proceedings, LegalVision’s experienced dispute lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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