Law Commission opens a further consultation in light of the contempt issues that arose after the Southport murders.
The Law Commission has today (3 March) published a brief supplementary consultation paper. The Commission is seeking further views on what information or opinions someone should lawfully be able to publish after a suspect has been arrested
On 9 July 2024, the Law Commission published its consultation paper on contempt of court, looking at whether and how the law needs reform. During the consultation the Commission ran several public events, met with many stakeholder groups, and received over 130 responses.
Some responses looked at contempt liability in the context of the release of information about the attacks and the attacker following the murders of three young girls (and attempts to murder a number of others) at a dance class in Southport, and the disorder that unfolded across the UK in the days and weeks that followed.
Since the guilty pleas by Axel Rudakubana, there has been a renewed and acute focus on liability for contempt of court, and specifically on what can be said after a suspect has been arrested.
The Law Commission has today (3 March) published a brief supplementary consultation paper so that people have an opportunity to let us know their views about the law in light of those events. The Commission is seeking further views on what information or opinions someone should lawfully be able to publish after a suspect has been arrested, including whether the law needs reform so that such information or opinions can be published. The Commission welcomes views on whether there should be a defence to contempt of court liability for those who risk prejudicing a criminal trial by releasing information in the interests of public safety or national security, as some consultees have suggested.
The Commission has also agreed to a request from the Home Secretary, the Justice Secretary and the Attorney General to expedite its reporting on the parts of the review that relate to the ability of government and law enforcement to counter misinformation and disinformation, including where there are possible national security or public order consequences of failing to do so. The Commission will report in two parts. Those issues will be covered in part one, which will be published in autumn 2025. Part two will be published in 2026 and will address the remaining issues.
Contempt of court laws help ensure that an arrested person receives a fair trial by preventing the publication of material that substantially risks seriously impeding or prejudicing the administration of justice in active criminal proceedings.
The Commission will be delivering an online presentation on 12 March 2025. The consultation closes on 31 March 2025. The Law Commission’s contempt of court website has the supplementary consultation paper, information about the presentation, and information about how to respond to the consultation.