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09 January 2026 / Lawrence McNamara , Lauren Schaefer
Issue: 8144 / Categories: Features , Contempt , Criminal , Media
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Contempt of court: drawing the line

What can be said when criminal proceedings are active? Lawrence McNamara & Lauren Schaefer set out the Law Commission’s recommendations on contempt of court
  • The Law Commission recommends keeping contempt by publication laws largely unchanged but delaying the point at which proceedings become ‘active’ from arrest to charge, giving authorities more flexibility to counter misinformation without risking contempt.
  • Once proceedings are active, the existing ‘substantial risk of serious prejudice’ test should remain, with no fixed categories of information deemed always safe or unsafe to publish—context must determine whether publication risks contempt.
  • The commission rejects a broad public-interest defence but proposes clarifying the existing ‘merely incidental’ defence, stressing that fair-trial rights must not be undermined.

The Law Commission recently published Part 1 of its report on contempt of court laws. The commission addresses a question that became especially contentious after the murders of Elsie Dot Stancombe, Alice da Silva Aguiar, and Bebe King in Southport in July 2024 and the public disorder that followed: what

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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