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contempt also exists in civil law, which creates confusion, and the Law Commission argues the current structure is out of date and lacks clarity.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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll