This guide is maintained as a current resource for November 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what contempt of court means in England and Wales, including the types of conduct that interfere with justice, how courts deal with breaches of orders and prejudicial publications, potential penalties, and practical guidance on avoiding contempt. Clear, authoritative explanation for the public and solicitors.
Contempt of court is a legal concept designed to protect the authority, integrity and proper functioning of courts and tribunals in England and Wales. It refers to actions or behaviour that interfere with, impede or prejudice the administration of justice or that breach the authority of a court order. Because contempt can undermine fair proceedings and public confidence in the justice system, courts treat it seriously and may impose penalties including fines and imprisonment. This article explains what contempt of court means, the different forms it can take, how it is dealt with in practice, and what the legal consequences are.
What Does “Contempt of Court” Mean?
At its core, contempt of court describes conduct that risks prejudicing a legal case or obstructs the due administration of justice. It can arise in civil, criminal, family or other tribunal proceedings and applies to parties, witnesses, legal representatives and members of the public. Some forms of contempt are created by statute, while others are part of long‑standing common law principles.
According to official guidance, conduct may be contempt if it:
- Deliberately disobeys or ignores a court order;
- Risks unfairly influencing an ongoing case, for example through inappropriate publications or commentary;
- Disrupts proceedings by behaviour such as shouting or taking unauthorised photos in court;
- Refuses to comply with a judicial requirement, like answering questions as a witness.
The law treats contempt as essential to upholding the “authority, impartiality and independence of the courts”.
Why Contempt of Court Matters
The justice system depends on fair and orderly processes. Contempt laws ensure that:
- Individuals and institutions comply with court orders;
- Trials and hearings are conducted without undue external influence;
- Evidence and witness testimony are secured and reliable;
- The public and media understand their obligations not to publish prejudicial material.
Because of these aims, courts have broad powers to address behaviour that threatens fair proceedings, even where no separate criminal offence exists.
Types of Contempt of Court
1. Contempt in the Face of the Court
Also known as “direct” contempt, this occurs when someone engages in disruptive or disrespectful behaviour within the courtroom or court precincts itself. Examples include:
- Interrupting proceedings;
- Shouting at the judge or participants;
- Taking photographs or videos without permission.
This conduct can be dealt with immediately by the judge present.
2. Indirect Contempt
Indirect contempt generally refers to behaviour outside the courtroom that still affects the administration of justice, such as:
- Breaching a court order (for example, failing to comply with a directions order or to hand over documents as required);
- Publishing information that creates a substantial risk of prejudice to active proceedings (for example, commentary on a social media post that names a defendant or suggests guilt before trial);
- Refusing to attend court as a witness or to produce evidence.
The Contempt of Court Act 1981 codifies aspects of this area, including rules about publications that risk prejudicing the course of active proceedings.
Criminal and Civil Contempt
Contempt can be treated in two main ways:
- Criminal contempt: Conduct that defeats, obstructs or prejudices justice. This includes serious breaches of court orders and publication of material likely to substantially impede a trial. The standard of proof is the criminal standard - beyond reasonable doubt.
- Civil contempt: Often involves failure to comply with a court order in civil or family proceedings, such as failing to pay maintenance or return property. Liability may arise without intent to breach, provided the order was clear and known to the contemnor.
Despite historic distinctions between civil and criminal contempt, some modern reform proposals suggest restructuring how contempt is classified and dealt with to improve clarity and consistency.
Court Orders and Undertakings
A common context for contempt is breach of a court order or a party's undertaking to the court. An undertaking is a solemn promise given to the court that a party will do (or refrain from doing) something. Failure to honour such undertakings may be treated as contempt, and courts can enforce compliance through penalties or coercive measures.
Publications and Reporting Restrictions
One significant area of contempt involves reporting or publishing material that risks prejudicing active legal proceedings. Under the Contempt of Court Act 1981, publications that create a “substantial risk that the course of justice will be seriously impeded or prejudiced” may be treated as contempt, even where no criminal offence is defined. This applies to print, broadcast and online publications by media and individuals alike.
Examples include stating opinions on a defendant's guilt before trial or naming protected witnesses or juveniles, even on social platforms.
How Contempt Proceedings Are Started
Civil Cases
In civil and family proceedings, a party affected by non‑compliance with an order may apply to the court for a contempt finding under the relevant Civil or Family Procedure Rules. This may lead to a hearing and, if contempt is established, appropriate sanctions.
Criminal Proceedings
In criminal cases, contempt may be dealt with summarily by the court where immediate action is necessary to maintain order or address serious interference. In other situations, the Attorney General may be involved when contempt threatens broader public interest.
Penalties for Contempt of Court
Courts have broad powers to deal with contempt, including:
- Imprisonment - a criminal contempt conviction can result in up to two years' imprisonment;
- Fines - courts can impose substantial fines;
- Other Orders - including orders designed to enforce compliance, confiscation of assets, or conditions aimed at redressing the contempt.
For example, in a high‑profile appellate ruling, a police chief constable was fined £50,000 for repeated contempt by disobeying court orders to disclose evidence, reflecting the seriousness with which courts treat wilful non‑compliance.
Practical Considerations
Avoiding Contempt
Anyone involved in legal proceedings should:
- Comply with all court orders and undertakings;
- Avoid public commentary about pending cases that could prejudice proceedings, especially on social media;
- Follow reporting restrictions and anonymisation orders set by the judge;
- Attend when required as a witness or party.
If unsure whether behaviour might amount to contempt, parties should seek qualified legal advice from a solicitor experienced in civil or criminal litigation.
Key Takeaways
Contempt of court in England and Wales refers to conduct that undermines the administration of justice or disobeys a court's authority. It encompasses behaviour in court, breaches of court orders, and publication of prejudicial material. Courts can address contempt through fines, imprisonment of up to two years, and other orders designed to uphold the rule of law. Understanding these principles helps people and organisations avoid conduct that could disrupt fair proceedings or incur significant legal consequences.
