How Are Contempt of Court Pleas Processed in Court?

Contempt of court refers to conduct that interferes with the administration of justice or disobeys a court order. It includes actions such as deliberately breaching a court order, disruptive or disrespectful behaviour in court, or publishing material that creates a real risk of prejudice to ongoing proceedings. Sanctions for contempt can include fines or imprisonment for up to two years.

Unlike conventional criminal offences, contempt is not prosecuted in the same way as, for example, theft or assault. Contempt proceedings operate under a distinct legal framework in England and Wales, governed by common law, statute and procedural rules under the Civil Procedure Rules, Family Procedure Rules or Criminal Procedure Rules depending on context.

This article explains how contempt of court pleas are handled by the courts, what steps are involved, the rights of those accused, and how the process differs from standard criminal plea procedures.

Contempt of Court and the Legal Framework

Contempt may arise in various contexts:

• Breach of a court order or undertaking;
• Refusal to comply with court directions;
• Conduct in the courtroom that disrupts proceedings;
• Publications or communications that risk prejudicing a fair trial.

Contempt is treated as a means to uphold the rule of law and the effective functioning of the court system. The law does not label contempt as a conventional criminal offence in all contexts, although similar sanctions can apply.

Procedures for handling contempt vary according to where and how the alleged contempt arises. There is no single “plea hearing” in the way seen in criminal courts for indictable offences; instead, the process is integrated into the court's contempt proceedings and follows formal procedural rules.

When Contempt Proceedings Arise

Initiation of Proceedings

Contempt proceedings may be initiated in several ways:

1. By the Court Itself:
   If a judge or court identifies conduct that may amount to contempt, the court can proceed on its own initiative and issue a summons requiring the alleged contemnor to attend for directions or a substantive hearing.
2. Application by a Party:
   In civil or family proceedings, a party to the case may apply to the court for an order determining contempt. This is done through a formal “contempt application” under Part 81 of the Civil Procedure Rules in civil cases or Part 37 in family cases.
3. Referral to Higher Authority:
   In rare and serious cases, particularly those involving reporting restrictions or publication contempt, the matter may be referred to the Attorney General's Office, which may decide to institute contempt proceedings.

Applications must include written evidence, typically via affidavit or affirmation, describing the alleged contempt, relevant orders or undertakings, and confirmation that any order was properly served.

Hearing the Case: Pleas and Procedure

No Formal “Plea Hearing” as in Criminal Cases

In contempt proceedings, there is no equivalent to a formal plea hearing in the criminal context where a defendant enters a plea of guilty or not guilty. Instead, how the alleged contemnor responds to the allegation is determined during the contempt hearing itself. Courts treat the response as part of the substantive proceedings rather than a separate plea stage.

However, in practice:

• The court will serve a summons or application setting out the allegation and require the alleged contemnor to attend court.
• At the hearing, the court will explain the conduct alleged to be contempt.
• The contemnor is then asked to admit or dispute the allegation. If the alleged contemnor admits the conduct, that is functionally similar to a guilty plea in criminal proceedings; if they deny it, the court proceeds to consider evidence and submissions.

Directions and Hearing

The court gives directions for the contempt hearing as necessary. These may include:

• Ordering the attendance of witnesses;
• Scheduling oral evidence;
• Setting timelines for the parties' submissions.

Contempt hearings are generally heard in public, though the court can decide to sit in private for all or part of the hearing for exceptional reasons, with reasons stated in open court beforehand.

Rights During the Hearing

The alleged contemnor has the right to:

• Understand the allegation and evidence against them;
• Respond to the allegation, including presenting evidence or submissions;
• Seek legal representation.

Importantly, courts may not compel the contemnor to give evidence, either orally or in writing.

What Happens After Admission or Denial

If Admission (Similar to Guilty Plea)

If the alleged contemnor admits the contempt:

• The court can decide whether to take no further action, record an undertaking not to repeat the conduct, or proceed to impose sanctions.
• Sanctions can include fines, imprisonment (committal), confiscation of assets, or other penalties permitted by law.

Before imposing a financial penalty, the court may inquire into the contemnor's means to ensure the penalty is proportionate.

If Denial (Similar to Not Guilty Response)

If the alleged contemnor denies the allegation:

• The court will proceed with the hearing and consider the evidence and submissions from both sides.
• The court may hear witnesses or review documents as part of the substantive determination.
• If the conduct is found to be contemptuous, the court may impose sanctions appropriate to the circumstances.

After a finding of contempt, the court will inform the defendant of the right to appeal and the deadlines and jurisdiction for that appeal.

Practical Context and Examples

Contempt can arise from:

• Publication issues, where reporting restrictions are breached;
• Behaviour in court, such as shouting or photographing proceedings;
• Failure to comply with orders, such as refusing to provide documents;
• Disobedience to undertakings given to the court.

For example, if someone repeatedly disobeys a court order to stay away from a party during litigation, another party may apply for contempt proceedings. The court will then set out the allegation, hear the alleged contemnor's response, and decide whether to impose sanctions.

Key Takeaways

• Contempt of court encompasses conduct that interferes with justice or disobeys court orders.
• Proceedings are governed by procedural rules, typically Part 81 (civil) or Part 37 (family), and can arise by court initiative or application.
• There is no separate “plea hearing” in contempt cases; responses are made and dealt with within the substantive hearing.
• Courts explain the allegation, invite admission or denial, and give directions for hearings.
• If the allegation is admitted or proven, sanctions such as fines or imprisonment may be imposed.

James William Steven Parker

James is the founder of UKLegalGuides.com and a former agent at the Ministry of Justice (UK). With a background in processing legal claims, he launched this platform to make the laws of England and Wales accessible to everyone.