Holding people in contempt

Often people disagree with judge's decisions. As I say to clients when advising on the risks of trial, in the end it is the judge's opinion. Unfortunately, that's the opinion that counts but then again if you are not happy there is often a right of appeal, if you've got the stomach and the purse for more litigation. What you can't do is show your dissatisfaction but disobeying the decision. That's called contempt of court and can end you up in jail.



Contempt of court can arise in the following situations:

• disobedience of a court order. A very common one of these is refusal to abide by a contact (access) order to children. Mothers have occasionally jailed for sticking two fingers at orders giving access right to fathers (and vice versa) - indeed there have been cases where such parents - know in the trade as 'implacably hostile' - have had custody decisions in their favour reversed as a consequence too. Another example is where people have injunctions against them, possibly for harassment, but also for other things, including cutting down hedges, and fail to obey the order.


• failure to attend court despite an order for requiring attendance. This can be sneaky penalty for someone who is a reluctant witness in a case: the judge can order an officer called the tipstaff to arrest them and bring them before the court to give testimony. Usually however a grovelling apology combined with belated obedience will still suffice


• a less used one is contempt in the face of the court. This includes clear examples such as having a go at the judge - verbally or even physically - or generally interrupting the proceedings. Such contempts are in part the reason for security measures at court (although I sometimes think those at Ipswich are a bit OTT for our humble parish - there are usually two security officers on the door to search you as you go in as well as bounce you out presumably if you are contemptuous although I have never seen the later happen). This contempt does not have to be in the court precincts if it relates to a case currently before the court. Witnesses who are still giving evidence at the close of the court day are told that they must not discuss the case overnight with anyway for fear of tainting their evidence. So if they met other witnesses in the pub that evening they could be in contempt, unless they could show the case was not discussed (risky).


• a rather separate contempt limb is directed at journalists and is under the Contempt of Court Act 1981. It is a criminal contempt to publish anything which creates a real risk that the course of justice in proceedings will be seriously impaired. This does not of course prevent faithful accounts of the day's unconcluded proceedings, including the evidence given, as long as no opinion is given. As I say to my clients, it's only the judge's opinion what counts.