Contempt of Court

The judiciary's own guidance describes contempt of court as 'principally a common law doctrine, albeit partly codified by the Contempt of Court Act 1981', existing 'to protect the integrity of the court by imposing appropriate penalties on those who interfere with, obstruct, impede or prejudice the administration of justice.' In England and Wales it is classified into criminal contempt (such as contempt in the face of the court, disobedience of a court order, or breach of an undertaking to the court) and civil contempt (failing to attend court despite a summons, or failing to comply with a court order).

The standard of proof for both criminal and civil contempt is the criminal standard of beyond reasonable doubt, and the person found in contempt is called the 'contemnor'. The maximum penalty under the 1981 Act for criminal contempt dealt with by a superior court is committal to prison for a term of two years and a fine of £2,500, though an 'inferior court' such as the coroner's court may not imprison for more than one month.

Contempt also covers prejudicial reporting of active proceedings, not just disobeying orders: under the 'strict liability rule' in sections 1 and 2 of the Contempt of Court Act 1981, a publication which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced can itself be treated as a contempt of court, even without any intention to interfere with justice.