Contempt of court
The Law Commission has been asked by the Government to review the law on contempt of court and consider reform to improve its effectiveness, consistency and coherence.
Problem (Back to top)
Contempt of court refers to a wide variety of conduct that may impede or interfere with a court case or the administration of justice. Examples include deliberately breaching a court order, refusing to answer the court’s questions if called as a witness, or releasing photographs or publicly commenting on developments in court when reporting restrictions are in place.
The development of the law of contempt has been unsystematic. This has resulted in a regime that is often disordered and unclear. Problems arise from the:
- confusing distinction between civil and criminal contempt of court
- multiple ways in which contempt can be committed
- overlap between the law of contempt and criminal offences relating to the administration of justice, such as perverting the course of justice
There are also growing concerns about the impact of social media and technological advancements on the administration of justice.
A clearer set of laws and rules would help to ensure that the law of contempt operates as a principled, comprehensible, and fair regime for all parties involved.
Project (Back to top)
This project builds on some of the Law Commission’s previous work on contempt of court.
The Ministry of Justice and the Attorney General’s Office have asked the Law Commission to review the law on both criminal and civil contempt and in particular to consider:
- codification and simplification of the law of contempt, and the extent to which certain contempts should be defined as criminal offences
- the responsibility for the adjudication, investigation and prosecution of contempts, as well as courts’ and tribunals’ powers and protections relating to contempt proceedings
- the effectiveness of the current provisions on committing contempt by publishing information on court proceedings, including consideration of the right to freedom of expression protected by Article 10 of the European Convention on Human Rights
- the appropriateness of penalties for contempt of court
- whether problems might arise from procedure in contempt of court proceedings, and whether there is scope for improving the relevant procedural rules
Consultation
On 9 July 2024 we published a consultation paper containing our provisional proposals. The consultation paper and a summary of the consultation paper are available below.
The consultation paper sets out our provisional proposals for reform of the law of contempt in England and Wales. Our objective in making these proposals is to produce a law of contempt that is easier to understand, fairer, and that better protects the administration of justice.
First, our proposals seek to clarify and codify the law of contempt. Examples include our proposals that would do away with centuries-old distinctions between ‘criminal contempt’ and ‘civil contempt’ in favour of a framework for liability with three distinct forms of contempt: general contempt; contempt by breach of order or undertaking; and contempt by publication when proceedings are active. These proposed forms of contempt do not alter fundamentally the foundations of contempt liability, but rather clarify and codify the elements required to prove contempt.
Secondly, some of our proposals seek to enhance transparency and accountability by, for example, requiring the publication of judgments in contempt cases where the court imposes imprisonment and data relating to the Attorney General’s contempt function.
Thirdly, some are directed towards greater consistency and ensuring fairness for defendants. For instance, we make proposals for a clear, comprehensive and, where possible, uniform procedure that enables the courts to deal fairly, efficiently, effectively, and consistently with conduct that may constitute contempt of court. We also consider the sanctions that may be imposed when a person commits contempt of court. Where the main options under the current law are imprisonment or a fine, our proposals include expanding the sanctions options to include community sentences. Community sentences include conditions, for example to carry out unpaid work, adhere to a curfew or residence requirement, undergo mental health or drug and alcohol treatment, or comply with restrictions and monitoring of whereabouts.
Fourthly, our proposals aim to improve some of the fundamental protections provided by the rule of law. For example, the law of contempt does not apply in many tribunals and that is a significant constraint on their ability to address conduct that disrupts proceedings or breaches orders made to protect the parties. Our proposals would empower certain tribunals to deal with contempt, enabling them to control their proceedings more effectively.
We ran a public consultation seeking views about our provisional proposals. During the consultation we spoke at events, published short summaries and a video explainer on specific issues, and delivered a webinar that presented an overview of our proposals. The consultation closed on 29 November 2024. We received over 130 responses to the consultation.
Supplementary consultation
The murders in Southport on 29 July 2024 and the subsequent disorder that summer sparked renewed and acute focus on contempt of court liability, specifically, on what can be said after a suspect has been arrested. Given the public interest in these issues and their importance, on 3 March 2025 we published a short supplementary consultation paper. The paper also included an updated reporting timeline following a request from the Lord Chancellor, the Attorney General and the Home Secretary to expedite our work on some issues. The letter is included in the documents below. The supplementary consultation closed on 31 March 2025.
Next steps
We will publish our report in two parts. Following a request from the Home Secretary, Attorney General and Lord Chancellor, to expedite work on some of the issues in our project, part one will be published in autumn 2025 and will address liability for contempt and the role of the Attorney General in contempt proceedings. Part two will be published in 2026 and will address all remaining issues.
You can view the letter from the Home Secretary, Attorney General and Lord Chancellor in the documents section below.
Documents (Back to top)
Consultation
Consultation paper and summary
Dirmyg llys: crynodeb o’r papur ymgynghori
Supplementary consultation paper
Letter from the Lord Chancellor, Attorney General and Home Secretary
Short summaries and explainers on specific issues
Consultation webinar recording (11 November 2024)
Consultation webinar PowerPoint slides (11 November 2024)
Contempt of court: routes through the consultation paper, includes:
- Information law, data sharing and criminal records
- Legal aid, representation and vulnerable defendants
- Tribunals in Wales
- Prisoners (early release, discharge, home detention)
Supplementary consultation webinar recording (12 March 2025)
Updates (Back to top)
Consultation opened: 09 July 2024
Consultation ended: 29 November 2024
Supplementary consultation opened: 03 March 2025
Supplementary consultation closed: 31 March 2025
Contact (Back to top)
Contact us for more information. You can address correspondence to the Criminal Law Commissioner or the Contempt of Court Project Team.
Email: contempt-of-court@lawcommission.gov.uk
Phone: 0203 334 0200