header-logo header-logo

19 November 2025
Issue: 8140 / Categories: Legal News , Contempt
printer mail-detail

Clarity sought on contempt of court

Contempt of court laws would be split into four distinct categories, under Law Commission recommendations to make them fit for the digital age

Currently, more than 100 people are sent to prison each year for contempt of court. However, contempt also exists in civil law, which creates confusion, and the Law Commission argues the current structure is out of date and lacks clarity. Instead, it recommends there be four forms of contempt.

First, general contempt, where a person deliberately interferes with the administration of justice in a ‘non-trivial way’, or creates a ‘substantial risk’ of doing so.

Second, breach of court order or undertaking, where the person was aware the breach would be a contempt. Third, publishing material while proceedings are active, which creates a ‘substantial risk’ of seriously impeding or prejudicing the course of justice. Criminal proceedings will be considered ‘active’ on charge, not arrest. It will be up to the publisher to assess the risk—the Law Commission does not specify what information can be published although it suggests basic details such as ‘name, age, nationality, ethnicity, religion or immigration status’ will generally create no risk.

Fourth, disrupting legal proceedings by engaging in abusive, threatening or disorderly behaviour.

The Law Commission also proposes making the Attorney General’s decisions to bring contempt proceedings in the public interest subject to judicial review for the first time.

Professor Penney Lewis, Commissioner for Criminal Law, said contempt laws ‘have become fragmented and unclear in the modern communications age.

‘Our review found significant problems with coherence, consistency and clarity across civil, criminal and family courts. These reforms make contempt law fairer and more predictable’.

The recommendations, published this week, will be followed by part two of the Law Commission’s review, ‘Contempt of Court’, next year. In March and in July 2024, the Commission issued consultation papers on the subject.

Issue: 8140 / Categories: Legal News , Contempt
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll