How Contempt of Court Charges Are Applied

Contempt of court is a body of law designed to protect the authority, impartiality and proper functioning of the courts and the justice system in England and Wales. It covers a wide range of conduct that can interfere with legal proceedings, undermine judicial authority, or jeopardise the fairness of trials and other hearings. Unlike many criminal offences that require investigation and prosecution by the police and Crown Prosecution Service (CPS), contempt of court proceedings are usually initiated by the court itself or by parties to proceedings, and the rules governing them are shaped by statute, common law and court procedure. This article explains how contempt charges are applied, the legal categories of contempt, the procedural framework, standards of proof, practical examples, and what happens once contempt is alleged.

What is Contempt of Court?

Contempt of court refers to behaviour that disobeys or disregards the authority of a court, disrupts its proceedings or interferes with the administration of justice. It includes conduct both inside and outside the courtroom that undermines a fair hearing or judicial process. The term “contemnor” is used to describe a person alleged to have committed contempt.

Contempt can arise from:

• Breach of a court order or undertaking.
• Interrupting or disrupting proceedings.
• Ignoring a court summons or failing to attend when required.
• Publishing or commenting in a way that creates a substantial risk of prejudicing active proceedings.
• Disrespectful or disorderly behaviour directed at the court or its officers.

The law on contempt is partly codified in the Contempt of Court Act 1981 and partly developed through common law.

Categories of Contempt

Criminal Contempt

Criminal contempt involves conduct that directly interferes with the administration of justice or openly disobeys court authority. Typical examples include shouting or creating disturbance in court, refusing to answer questions as a witness without lawful excuse, or contempt in the face of the court.

Civil Contempt

Civil contempt generally involves breaches of court orders or undertakings, such as failure to comply with injunctions, orders to pay money, or directions given in family or civil proceedings. The primary aim in civil contempt is to enforce compliance with orders rather than to punish past conduct.

Both categories are serious and may attract sanctions, but the procedures and context in which they are applied can differ depending on whether proceedings are in ongoing civil, family or criminal hearings.

Conduct That May Lead to Contempt Proceedings

Breach of Court Orders

Failing to comply with a court order - for example, ignoring a direction to attend court or to produce documents - can result in contempt proceedings. The court may require that the order was personally served and that the recipient understood the terms and consequences before contempt proceedings are issued.

Disruptive Behaviour in Court

Disrupting court proceedings through shouting, offensive behaviour or other conduct that impedes the court's function can amount to contempt. This includes disrespectful treatment of the judge, legal representatives or other participants observed during the hearing.

Improper Publication and Reporting

Publishing material, especially on social media, that could seriously prejudice active legal proceedings - for example, by stating opinions on guilt or identifying protected parties such as victims or witnesses - can lead to contempt proceedings even if not a separate criminal offence.

Recording and Photography

Unauthorised recording, filming or photography of court proceedings without express permission can be treated as contempt, because it undermines reporting restrictions and may interfere with the administration of justice.

How Contempt Charges Are Initiated

By the Court

In many cases, the court itself identifies behaviour that may constitute contempt. A judge may take suo moto (of their own motion) action if conduct occurs in the presence of the court (contempt in the face of the court) or where they have cause to believe that the administration of justice has been prejudiced. The court can issue a summons to the alleged contemnor, requiring attendance at a hearing.

By Application to the Court

Where contempt arises outside immediate observation by the court - for example, breach of an order - a party to proceedings may make a formal application for the court to consider contempt. This requires written evidence, affidavits or sworn statements detailing the alleged contempt, the terms of the order breached, and confirmation that the person understood those terms. Permission to apply may be required in certain complex cases.

Role of the Law Officers

In very serious or complicated instances, particularly those involving allegations of interference with broadly defined justice interests, the Attorney General or Law Officers may decide to take forward contempt proceedings. This is not common, and such referrals typically arise where the process involves public interest concerns beyond the immediate case.

Procedural Framework

Rules and Forms

Proceedings for contempt follow specific procedural rules set out in the Civil Procedure Rules (Part 81 for High Court and county court matters) or family procedure rules (Part 37), depending on the context. These rules mandate details of evidence, disclosure of orders breached, and service of summonses or applications.

Notice and Hearing

A person alleged to be in contempt must be given notice of the charge and an opportunity to respond and be heard. The standards of evidence required mirror those in criminal proceedings: the court must be satisfied beyond reasonable doubt that the alleged contempt occurred and that it meets legal thresholds.

Standards of Proof

Although contempt proceedings may resemble criminal matters in gravity and potential sanctions, they sit in a distinct procedural space. Courts generally apply the criminal standard of proof (beyond reasonable doubt) for criminal contempt, reflecting the seriousness of potential penalties such as imprisonment.

Sanctions and Remedies

Imprisonment and Fines

Courts can impose custodial sentences for contempt. The Contempt of Court Act 1981 caps the maximum penalty at up to two years' imprisonment and/or a fine, although lesser courts - such as magistrates' courts or inferior courts - have lower powers.

Fines and Asset Orders

Fines may be imposed directly by the court for contempts, and in some cases courts can direct confiscation of property or assets to coerce compliance with orders. High Court fines are unlimited in many cases, whereas county courts have statutory limits.

Suspended Orders and Compliance Measures

For some contempts, particularly civil breaches, courts may suspend sanctions on condition of future compliance with orders, or allow the contemnor to “purge” their contempt by making amends or compliance with original orders.

Costs and Ancillary Orders

In serious cases, the court may order that costs be paid by the contemnor, particularly where parties have incurred expenses in establishing contempt.

Time Limits and Appeals

Enforcement Time Limits

Committal orders for contempt typically have limitations on their execution. For example, a court may not enforce an order of committal more than two years after it was made unless the court directs otherwise, ensuring that contempt proceedings are pursued with reasonable promptness.

Right to Appeal

A person found in contempt has the right to appeal the contempt finding and associated sanctions. Appeal procedures and time limits depend on the court in which the contempt was dealt with and are specified in civil and criminal appeal rules.

Practical Examples of Contempt

• A party to litigation refuses to attend court despite a valid summons.
• Publishing comments online that clearly identify an individual who should remain anonymous under reporting restrictions.
• Recording proceedings from the public gallery without permission.
• Refusing to comply with an injunction without lawful excuse.

These examples illustrate how contempt may arise in everyday legal contexts that are not always obviously criminal in nature.

Common Questions from our Readers

Is contempt of court a criminal offence?
Contempt is not a standalone statutory offence in the same way as murder or theft, but it is punishable by criminal sanctions, including imprisonment. The CPS does not prosecute contempt in the usual criminal law sense; proceedings are typically brought by the court.

Can I be jailed for social media posts?
Yes. Publishing material during active proceedings that creates a substantial risk of seriously prejudicing the case can lead to contempt proceedings. Courts take particular care with social media communications due to their wide reach and potential to influence.

How is contempt different from perverting the course of justice?
Perverting the course of justice is a distinct criminal offence involving intentional actions to obstruct the justice process, whereas contempt is a procedural measure to uphold the authority and function of courts. Some conduct may amount to both, but the legal frameworks differ in purpose and application.

Key Takeaways

Contempt of court in England and Wales is a broad concept encompassing conduct that interferes with the administration of justice, disrespects court authority, or breaches judicial orders. Proceedings may be initiated by the court itself or by application of a party to proceedings, requiring written evidence, notice and opportunity to be heard. Courts apply serious sanctions, including imprisonment and fines, reflecting the need to protect the integrity of legal processes. Understanding when contempt charges are applied and the procedural safeguards involved helps participants in legal proceedings recognise their duties, rights and potential risks when interacting with the justice system.