What Are Court Procedures for Contempt of Court Charges?

Contempt of court refers to actions or conduct that undermine, interrupt, disobey or interfere with the proper administration of justice. This can range from failing to comply with court orders and disrupting proceedings in the courtroom to publishing material that prejudices active cases. Courts have broad powers to enforce their authority and protect the integrity of legal processes. This article explains how contempt matters are dealt with step by step in the courts of England and Wales, including what contempt is, how proceedings are started, typical procedures, standards of proof, sanctions, and key practical considerations. 

What Is Contempt of Court?

“Contempt of court” covers behaviour that jeopardises the fairness, authority or functioning of the judicial system. It can be:

• Disobedience of court orders or judgments (for example, refusing to comply with an injunction).
• Misconduct in or near court proceedings, such as interrupting hearings, shouting or refusing to answer questions.
• Unauthorised reporting or publishing information about active cases that could prejudice trial fairness.
• Refusing to attend when properly summoned to give evidence. 

Contempt is distinct from ordinary criminal offences but is punishable by fines and imprisonment. Courts may impose sanctions of up to two years' imprisonment for contempt and fines. 

Contempt proceedings may be civil or criminal in nature. However, because most contempt matters affect justice administration, the substantive procedures often mirror criminal standards of proof (beyond reasonable doubt). 

Sources of Law and Rules

Contempt of court law in England and Wales derives from:

• Common law principles protecting court authority.
• The Contempt of Court Act 1981, especially for publication‑related contempt.
• Civil Procedure Rules (Part 81) and Family Procedure Rules (Part 37), which govern procedure for contempt applications in civil and family proceedings. 

Although journalists and media are often familiar with reporting restrictions under the 1981 Act, contempt can arise in many contexts beyond media law, including breaches of injunctions, orders in civil and family cases, and disruptive conduct in courtroom settings. 

Step 1 - Identifying and Raising a Contempt Issue

Contempt proceedings can begin in different ways depending on the context:

Judicial recognition:
A judge or magistrate may identify contemptuous behaviour during a hearing or trial (for example, when someone disrupts court or refuses to comply with a direction). The court may proceed on its own initiative. 

Party application:
In civil or family matters, a party to proceedings (such as a claimant seeking enforcement of an order) can apply to the court for contempt proceedings under Part 81 (civil courts) or Part 37 (family courts). These rules set out how to make an application, what information must be included, and how the defendant will be served. 

Referrals by Law Officers:
In exceptional circumstances of serious public interest (for example, widespread prejudicial public commentary affecting major criminal cases), judges may refer the matter to the Attorney General's Office or Law Officers for consideration, although routine contempt matters are generally dealt with by the court itself. 

Step 2 - Service of Proceedings and Directions

Once a contempt application or court‑initiated matter arises:

• The defendant (sometimes called the “contemnor”) is served with a summons or application notice that states the alleged contempt and requires attendance at a hearing.
• The court will set out directions for the hearing, including any requirement for witness attendance and disclosure of evidence.
• Courts must treat contempt proceedings with procedural fairness, even though they may be part of other litigation. 

Rules require hearings to be in open court (public) unless the court directs otherwise. If a hearing is to be private, the court must give reasons in public before sitting in private. 

Step 3 - Pre‑Hearing Preparations

Before the substantive hearing, the contemnor and any claimant should prepare:

• Evidence and witness statements relevant to whether the conduct constituted contempt.
• Legal representations, which may include solicitors or counsel.
• Applications for disclosure of documents or endorsement of legal arguments.

Because contempt allegations often intersect with underlying proceedings (such as disobedience of an injunction), courts may manage the timing and coordination of evidence to avoid duplication and ensure fairness.

Step 4 - Hearing and Standard of Proof

At the contempt hearing:

• The court hears submissions from both sides.
• Evidence is assessed to decide whether the alleged conduct meets the legal definition of contempt.
• Even in civil contexts, the standard of proof is the criminal standard: the court must be satisfied beyond reasonable doubt that the contemnor engaged in conduct warranting contempt sanctions. 

Contempt can be found for conduct ranging from breaching orders to publishing prejudicial material. Courts distinguish between:

• Contempt in the face of the court - misconduct occurring in or near the courtroom.
• Indirect contempt - conduct outside court that nonetheless undermines justice or disobeys orders. 

Step 5 - Sanctions and Outcomes

If the court finds contempt:

Sanctions can include:

• Imprisonment (order of committal) - up to two years for criminal contempt.
• Fines - varying according to seriousness and financial means.
• Confiscation or other penalties permitted under the rules. 

Courts may also issue bench warrants to secure attendance or suspend execution of committal or arrest orders in appropriate circumstances. 

A contemnor may apply to discharge a committal order, setting out reasons why it should be lifted, subject to court discretion. 

Sanctions are punitive and aim both to vindicate court authority and deter future contemptuous conduct.

Civil vs Criminal Aspects

Although contempt sits outside traditional criminal offences, the procedure often mirrors criminal process:

• Proceedings are usually conducted in open court.
• Procedural fairness and rights to representation apply.
• Minimum standards of proof ensure serious penalties are imposed only when justified. 

In civil and family cases, contempt for order breaches may also lead to committal hearings with similar procedures.

Practical Considerations

Reporting of Contempt

Members of the public or litigants who observe conduct they believe may amount to contempt (for example prejudicial online commentary about an active case) can report this to the court. The court or judge will decide whether to proceed. 

Prejudicial Publications

Publishing material that creates a substantial risk of serious prejudice to ongoing proceedings, even if factually accurate, may be treated as contempt under the strict liability rule in the Contempt of Court Act 1981. 

Enforcement

Sanctions for contempt are enforceable by warrants of committal, which may be issued immediately unless the court orders otherwise. 

Key Takeaways

Court procedures for contempt of court charges in England and Wales typically involve:

1. Identification or application - a judge raises the matter or a party applies under the relevant procedural rules.
2. Service and directions - the alleged contemnor receives formal notice and the court sets a timetable.
3. Hearing preparation - evidence and legal arguments are assembled.
4. Contempt hearing - the court assesses conduct against legal definitions, with proof beyond reasonable doubt.
5. Sanctions - penalties such as imprisonment, fines, or committal orders may be imposed, with potential for discharge applications.

These procedures protect the integrity of the justice system while ensuring fairness and transparency. Contempt proceedings reflect a unique blend of civil and criminal characteristics, underscoring the importance of respect for court authority and compliance with orders and reporting restrictions.