Contempt of Court: Law Commission’s Reform Proposals
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Lisa Pepper
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Reforming Contempt of Court: Law Commission’s Proposals
The Law Commission had been tasked by the Government to review the law on contempt of court and consider reform to improve its effectiveness, consistency, and coherence.
In July, The Law Commission published a consultation paper on it’s proposals. The consultation paper set out its provisional proposals for reform of the law of contempt in England and Wales. “Contempt of court” refers to a wide variety of conduct that may negatively effect a court case. Examples include deliberately breaching a court order, or refusing to answer the court’s questions in the witness box if called as a witness, or putting information in the public domain about a case in court when reporting restrictions are in place.
An example in the family court is in relation to court proceedings about children – under the Family Procedure Rules (court rules), communication of information is limited and specifically refers to contempt of court – see Family Procedure Rule 12.73.
As the Law Commission website explains:
The development of the law of contempt has been unsystematic, resulting in a regime that is often disordered and unclear. Problems arise from the confusing distinction between civil and criminal contempt of court, the multiple ways in which contempt can be committed, and the overlap between the law of contempt and criminal offences relating to the administration of justice, such as perverting the course of justice.
You can find further information about contempt in the family court here.
The Civil Justice Council has now responded to the Law Commission’s consultation on contempt of court, remarking that:
“The CJC is supportive of introducing simplified categories of liability and abolishing the ‘criminal/civil’ distinction. Should the proposed new categories of liability be implemented, a non-exhaustive list of examples included in the statute would greatly aid comprehension. These measures would facilitate better public understanding of the law, providing a clearer framework for courts and the public to operate within.”
The consultation is open until November 2025. It will be very interesting to see how his area of law is to be reformed.
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