Miller on contempt of court / consultant editors, C.J. Miller, David Perry QC.
2017
KD8055 .M5 2017 (Map It)
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Details
Title
Miller on contempt of court / consultant editors, C.J. Miller, David Perry QC.
Uniform Title
Contempt of court
Published
Oxford, United Kingdom : Oxford University Press, 2017.
Call Number
KD8055 .M5 2017
Edition
Fourth edition.
ISBN
9780198793465 (hardback)
0198793464
0198793464
Description
lxxiv, 581 pages ; 25 cm
System Control No.
(OCoLC)1021256255
Summary
"Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its central concern is to protect the administration of justice in criminal and civil cases, but also to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings. [This book examines] the issues in this broad subject area including contempt in the face of the court, publication contempt, and civil contempt when orders are breached. This new and updated edition has been written against the backdrop of transformations to the media and mass communication technology. Social media has changed day-to-day life almost beyond recognition, and its potential to prejudice criminal proceedings in particular has quickly become apparent. The High Court and the Court of Appeal are considering with increasing frequency what steps might be appropriate to safeguard criminal trials in this context, which can include injunctions, orders made under the Contempt of Court Act 1981, and severe sanctions when members of the public find themselves in contempt. This edition incorporates the most recent case law in this area."-- Provided by publisher.
Note
Previous edition: Contempt of court / C.J. Miller. 2000.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Portion of Title
Contempt of court
Added Author
Table of Contents
Table of Cases
xxiii
Table of Legislation
lix
Abbreviations
lxxiii
1.
Introduction
1
A.
Definitions
B.
Ancient Origins
C.
Continuing Confusion
D.
Contempt of Court Act 1981
E.
Civil and Criminal Contempt(s)
1.
Telling the difference
2.
Civil contempt
F.
Taxonomy: Categorizing Contempt
G.
Relationship with Other Criminal Offences
H.
Concurrent Civil and Criminal Proceedings
I.
Mens Rea
1.
Publication contempt
2.
Juror contempt
3.
Contempt in the face of the court
4.
Breaching orders made under s. 4(2) or s. 11 of the Contempt of Court Act 1981
J.
European Convention on Human Rights
1.
Article 5: liberty
2.
Article 6: fair trial
3.
Article 7: legality
4.
Articles 8 and 10: private and family life and freedom of expression
K.
Synopsis
2.
Criminal and Civil Contempt of Court
33
A.
Introduction
B.
Punishment and Coercion
C.
Criminal Safeguards in Civil Contempt Proceedings
D.
Consequences of the Distinction between Criminal and Civil Contempt
1.
Imprisonment
2.
power to fine
3.
Settlement of the dispute and institution of proceedings
4.
Privilege from arrest
5.
Appeals
6.
Further consequences
E.
Areas of Uncertainty
F.
Possible Abolition or Reclassification of the Distinction
1.
Phillimore Committee recommendations
2.
Breaches of injunctions as criminal offences
3.
Breaches of injunctions which are contumacious or openly defiant
4.
alternative suggestion
3.
Procedure and Jurisdiction in Cases of Criminal Contempt
54
B.
Origins of the Summary Process
C.
Contemporary Procedure and Jurisdiction
1.
Introduction
2.
Contempt, courts, and tribunals
a.
General principles of jurisdiction
b.
Jurisdiction of particular inferior courts
c.
Jurisdiction of the Crown Court
d.
Application of the Criminal Procedure Rules
4.
Constructive or indirect contempts
a.
General considerations
b.
Jurisdiction of and procedure before particular courts
5.
Applications for injunctions
6.
Contempt in relation to Inquiries and other bodies
a.
Inquiries
b.
Other provisions for certification
c.
problem of parallel proceedings
7.
Legal aid
8.
institution of proceedings: the role of the Attorney General
a.
Proceedings ex mero mote
b.
role of the Attorney General
c.
scope of section 7 of the 1981 Act
d.
Suggested justifications for section 7
e.
timing of proceedings
9.
Punishment for criminal contempt
a.
General considerations and statutory maxima
b.
Young contemnors
c.
Committals and fines
10.
Appeals
a.
Appeals to the High Court
b.
Appeals to the Court of Appeal
c.
Appeals to the Supreme Court
d.
Other contempt proceedings
4.
Contempt in the Face of the Court
101
B.
Summary Procedure
1.
General
2.
When may the summary jurisdiction be exercised?
3.
Procedural safeguards: ensuring fairness
4.
appearance of bias and the requirements of natural justice
5.
length of time prior to determining the contempt
6.
Two kinds of summary process
C.
When is a Contempt Committed 'in the Face of the Court'?
D.
Acts Constituting Contempt in the Face of the Court
1.
Disruptive behaviour
a.
Historical cases
b.
Physical assaults and threatening words
c.
Other forms of disturbance
2.
Insulting and disrespectful behaviour
3.
Contempt by advocates and solicitors
4.
Contempt by jurors
5.
Contempt by witnesses
a.
Failure to attend court or to produce documents
b.
Refusal to be sworn or to answer questions
c.
Fear and privilege
d.
Contempt and perjury
e.
Introducing inadmissible evidence
f.
Journalists and their sources of information
6.
Photographs, portraits, sketches, and cameras in court
7.
Audio recordings
E.
Contemnor's Intention: Mens Rea
F.
Reforming the Summary Process 4.156 G. Other Methods of Dealing with Disruptive Behaviour
5.
Contempt through Interfering with Particular Legal Proceedings: Some General Considerations
163
B.
Requirements of the Due Administration of Justice
C.
Scope of the Strict Liability Rule
2.
rule applies only to publications
3.
Interference with particular legal proceedings
4.
rule does not extend liability
D.
Relationship of the Rule to Common Law Contempts
1.
Section 6(c) of the Contempt of Court Act 1981
2.
Exerting improper public pressure on the parties to proceedings
3.
Publications which prejudge the issue
E.
Test of Liability
2.
At common law
3.
Contempt of Court Act 1981
a.
statutory test of liability
b.
Impediment or prejudice
c.
Serious prejudice: the relationship to staying proceedings and quashing convictions
d.
comparison with the test of bias
4.
Some relevant factors
b.
circulation and form of the publication
c.
Probable delay before trial
d.
Assessing the impact of a publication on potential jurors
e.
Prior coverage and safety in numbers
f.
Miscellaneous factors and multiplying risks
F.
Problem of Ineffectual Attempts
6.
Period during which Proceedings are Sub Judice or Active
207
B.
Criminal Proceedings
1.
Proceedings at first instance
a.
At common law
b.
Under the Contempt of Court Act
c.
limits of the strict liability rule
2.
Appellate proceedings
C.
Civil Proceedings
D.
Proceedings before Tribunals and Other Bodies
7.
Contempt in Relation to Particular Criminal Proceedings
233
1.
Alternative strategies
a.
Selecting and protecting jurors
b.
Change of venue and postponement of the trial
c.
Isolating and warning jurors
d.
Abuse of process and staying proceedings
e.
Quashing convictions
2.
role of contempt and its relationship to alternative strategies
3.
American approach
4.
Developments in Canada, New 7ealand, and Australia
B.
Contempt in Relation to Proceedings Before and During the Trial
2.
Exposing a juror to improper influences
a.
Direct approaches to jurors
b.
Assertions of guilt or innocence
c.
Publications containing tacit assumptions of guilt
d.
Emotive and disparaging comments: guilt by association or implication
e.
Publishing matter likely to be inadmissible in evidence
f.
Prejudicing the prosecution
g.
Impugning or enhancing the credibility of a witness
3.
Exposing a witness to improper influences
a.
Direct approaches to witnesses
b.
Payment for exclusive stories etc
c.
Interviewing of witnesses
d.
Publications influencing witnesses
e.
Publishing photographs of an accused
4.
Exposing a judge to improper influences
5.
Exerting improper pressure on parties to proceedings
C.
Contempt in Relation to Proceedings on Appeal
2.
Effect on appellate judges
3.
Effect on the parties
4.
Undermining public confidence in the administration of justice
5.
Attempts to 'dictate' decisions to appellate courts
6.
Further proceedings before a jury
7.
Conclusions
D.
Position where Proceedings have Terminated
E.
Defences and Qualifications to Liability
1.
Innocent publication
2.
Reports of court proceedings
3.
Counterbalancing public interest and the discussion of public affairs
b.
Contempt of Court Act 1981, s. 5
4.
Reports of parliamentary proceedings 7.163 E The European Convention on Human Rights and the Human Rights Act 1998
8.
Contempt in Relation to Particular Civil Proceedings and Proceedings in Tribunals
308
A.
Civil Proceedings
a.
importance of the composition of the court
b.
Judges not susceptible to influence
c.
Some further general considerations
2.
Examples of conduct which may constitute a contempt
a.
Prejudging the merits of a case
b.
Prejudicing jurors
c.
Influencing witnesses
d.
Publishing inadmissible evidence
e.
Contempt and breach of confidence
f.
Publicly abusing parties or witnesses
g.
Private threats and persuasion directed at courts, witnesses, and parties
h.
Frustrating court orders and pre-emption
i.
Some further problems associated with civil proceedings
j.
Proceedings on appeal
k.
When proceedings have terminated
3.
Defences and qualifications to liability
a.
Innocent publication and reports of court proceedings
b.
Counterbalancing public interest and the discussion of public affairs
B.
Proceedings before Tribunals
C.
Parliament and the Sub Judice Convention
9.
Open Justice: Reporting Judicial Proceedings
351
1.
Children and young persons
a.
Youth courts: automatic restriction for children and young persons
b.
Children and young persons in other criminal courts: discretionary restriction
c.
Discretionary restriction for life
d.
Criminal investigations into children and young persons
2.
Adult reporting restrictions
a.
Discretionary anonymity for adult witnesses
b.
Sexual offences: automatic anonymity in the media
c.
Female Genital Mutilation
d.
Allegations against teachers by pupils
3.
Injunctions contra mundum following conviction
a.
Exercise of jurisdiction to grant injunctions contra mundum
b.
Breaching injunctions contra mundum
4.
Strict liability contempt: Contempt of Court Act 1981, ss. 1-7
5.
Postponement of reporting: Contempt of Court Act 1981, s. 4(2)
a.
Exercise of power in s. 4 (2) to postpone reporting
b.
Breaching orders made under s. 4(2) Contempt of Court Act 1981: mens rea
6.
Reporting matters withheld in court: Contempt of Court Act 1981, s. 11
a.
Defendants
b.
Witnesses
c.
Contempt of Court Act 1981, s. 11
7.
Injunctions to prevent contempt
8.
Other reporting restrictions in criminal proceedings
a.
Allocation and sending in magistrates' courts
b.
Judicial Proceedings (Regulation of Reports) Act 1926
c.
Derogatory assertions in mitigation
d.
Defendant assisting the prosecution: sentence reviews
e.
Retrials following acquittals: new and compelling evidence
f.
Miscellaneous restrictions
9.
Challenging reporting restrictions
1.
Anonymity
2.
Children and young persons
D.
Employment Tribunals
1.
National security
2.
Anonymity in sexual misconduct and disability cases
E.
Inquiries
F.
Inquests
G.
Court of Protection
H.
Proceedings in Private
1.
Criminal trials in private
2.
Civil proceedings in private
3.
Family proceedings
a.
General rule: proceedings in private
b.
Proceedings under the Children Act 1989: automatic statutory restrictions
c.
Reporting restriction orders
d.
Judicial Proceedings (Regulation of Reports) Act 1926
4.
Administration of Justice Act 1960, s. 12
10.
Victimization of Jurors, Witnesses, and other Persons after the Conclusion of Proceedings
407
B.
Jurors
C.
Witnesses
D.
Other Persons
E.
General Considerations
1.
means employed
2.
publicity accorded to the victimization
3.
Mens rea
4.
Are damages recoverable and related problems
11.
Further Miscellaneous Categories of Contempt
421
A.
Obstructing Persons Officially Connected with the Court or its Process
1.
Process-servers
2.
Receivers, liquidators, sequestrators, etc
3.
Sheriffs, bailiffs, the Admiralty Marshal, and others
4.
Solicitors, counsel, and other officers of the Court
B.
Interference with Persons under the Special Protective Jurisdiction of the Court
1.
Wards of court
2.
Other cases
C.
Breach of Duty by Persons Officially Connected with the Court or its Process
D.
Forging, Altering, or Abusing the Process of the Court
E.
Preventing Access to Courts of Law
F.
Instructing a Juror to Ignore a Summons
G.
Divulging the Confidences of the Jury Room
1.
Common law in the United Kingdom
2.
Examples from some other common law jurisdictions
4.
Juries Act 1974
a.
Statements made, opinions expressed etc
b.
In the course of their deliberations
c.
Correcting or clarifying verdicts
d.
exceptions to s. 20D1
5.
European Convention on Human Rights and the Human Rights Act 1998
H.
Service of Process in the Precincts of the Court
I.
Statements of the Truth and False Disclosure Statements
12.
Civil Contempt of Court
452
A.
Disobedience of an Order other than an Order for the Payment of a Sum of Money
1.
Examples of contempt
a.
Disobedience of judgments requiring an act to be done
b.
Disobedience of judgments prohibiting the doing of an act
c.
Breach of undertakings
d.
Contempt in labour disputes
2.
General considerations: practice, procedure, and powers of the High Court, Court of Appeal, etc
a.
need for sufficient notice of the terms of the order
b.
Subsequent procedural requirements: proof of breach of the order etc
c.
Curing procedural irregularities
d.
Mens rea: intent and inability to comply
e.
Who may be held liable?
f.
Irregular and void orders
g.
Powers of the court
h.
Developments in the National Industrial Relations Court
i.
position of the party in contempt
3.
County courts: powers and procedure
4.
Magistrates' courts
B.
Disobedience of an Order for the Payment of a Sum of Money
Appendices
Appendix 1
Contempt of Court Act 1981
521
Appendix 2
Selected Procedural Rules
533
Index
561