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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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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.

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