The Law Commission of England and Wales has been asked by the
Government to review the law on contempt of court and consider
reform to improve its effectiveness, consistency, and coherence.
“Contempt of court” refers to a wide variety of conduct by those
involved in legal proceedings, which may impede or interfere with
a court case or the administration of justice.
Examples include deliberately breaching a court order, refusing
to answer the court’s questions if called as a witness, or
releasing photographs or publicly commenting on developments in
court when reporting restrictions are in place.
The development of the law of contempt has been unsystematic,
resulting in a regime that is often disordered and unclear.
Problems arise from the confusing distinction between civil and
criminal contempt of court, the multiple ways in which contempt
can be committed, and the overlap between the law of contempt and
criminal offences relating to the administration of justice, such
as perverting the course of justice.
There are also growing concerns about the impact of social media
and technological advancements on the administration of justice.
A clearer set of laws and rules would help to ensure that the law
of contempt operates as a principled, comprehensible, and fair
regime for all parties involved.
The Ministry of Justice and the Attorney General’s Office have
asked the Law Commission to review the law on both criminal and
civil contempt and in particular to consider:
- codification and simplification of
the law of contempt, and the extent to which certain contempts
should be defined as criminal offences;
- the responsibility for the
adjudication, investigation and prosecution of contempts, as well
as courts’ and tribunals’ powers and protections relating to
contempt proceedings;
- the effectiveness of the current
provisions on committing contempt by publishing information on
court proceedings, including consideration of the right to
freedom of expression protected by Article 10 of the European
Convention on Human Rights;
- the appropriateness of penalties
for contempt of court; and
- whether problems might arise from
procedure in contempt of court proceedings, and whether there is
scope for improving the relevant procedural rules.
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Commenting on the launch of the contempt of court
project, Professor Penney Lewis, the Law Commissioner for
Criminal Law, said:
“The law on contempt of court is essential to preventing
interference in the administration of justice and upholding the
rule of law, but the many laws governing it are outdated, unclear
and at times in conflict.
“Our review will examine how the law of contempt can be
simplified and modernised, to create a regime that responds
fairly and proportionately to those who undermine the legal
process.”
Nicholas Paines QC, the Law Commissioner for Public Law
and Law in Wales, said:
“There must be a mechanism in law to ensure that courts – from
the most senior courts to tribunals – are able to control their
proceedings and enforce timely compliance with their orders. This
review will consider whether there are appropriate powers to meet
this objective.”
Next steps
The Commission aims to publish a consultation paper at the end of
2022, inviting views on our provisional proposals for reform.
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Notes to editors
This new Law Commission project builds on previous work on
contempt of court, conducted as part of the 11th Programme of Law
Reform, between 2012-14. Three separate reports were published,
which dealt with juror misconduct and internet publications,
court reporting, and scandalising the court. The recommendations
made in these reports were largely implemented by Government
through the Criminal Justice and Courts Act 2015, the Crime and
Courts Act 2013, and the criminal justice system Common Platform
(a digital case management system that allows parties to access
information relating to their case).
