header-logo header-logo

Contempt of court—Appeal against sentence—Role of Court of Appeal

28 July 2011
Issue: 7476 / Categories: Case law , Law reports , In Court
printer mail-detail

B v Secretary of State for the Home Department [2011] EWCA Civ 828, [2011] All ER (D) 188 (Jul)

Court of Appeal, Laws, Longmore and Etherton LJJ, 21 July 2011

The approach of the Court of Appeal exercising its appellate jurisdiction under s 13 of the Administration of Justice Act 1960 (AJA 1960) in respect of a sentence imposed for contempt of court is to determine whether the sentence was manifestly excessive; it is not a judicial review exercise.

Hugh Southey QC and Kate Markus (instructed by Birnberg Peirce & Partners) for the appellant. Robin Tam QC and Steven Gray (instructed by Treasury Solicitors) for the respondent

The appellant, B, was subject to proceedings before the Special Immigration Appeals Commission (SIAC). SIAC formed the view that B was a high level risk to the UK. He was not a UK citizen and was made subject to stringent bail conditions. The secretary of state wished to deport him to Algeria, since it was believed he was an

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—Michael Conway

Birketts—Michael Conway

IP partner joins team in Bristol to lead branding and trade marks practice

Blake Morgan—Daniel Church

Blake Morgan—Daniel Church

Succession and tax team welcomes partner inLondon

Maguire Family Law—Jennifer Hudec

Maguire Family Law—Jennifer Hudec

Firm appoints senior associate to lead Manchester city centre team

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll