header-logo header-logo

09 January 2026 / Lawrence McNamara , Lauren Schaefer
Issue: 8144 / Categories: Features , Contempt , Criminal , Media
printer mail-detail

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

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

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