CONTEMPT

CHAPTER 9 - CONTEMPT

Lord Russell in the case of R v. Gray nicely separated the two (2) classes of contempt:-

What is the main difference between professional misconduct and contempt?

What is CRIMINAL CONTEMPT?

Preparatory steps to creating an actual disturbance in court does not amount to contempt.

Balogh v. Crown Court at St. Albans

Improper conduct in the face of the court may amount to criminal contempt.

Parashuram v. The King Emperor

Categories of Criminal Contempt are:-

1) IMPROPER CONDUCT...
...in the face of the court may amount to criminal contempt if it is found to be a CLEAR and UNEQUIVOCAL interference in the administration of justice so that it affects or is intended to affect the course or outcome of judicial proceedings.

Vidyasagara v. The Queen

R v. Gray

Re Johnson

Re Pershadsingh

2) SCANDALISING THE COURT: any acts or published words which are calculated to bring the court or a judge into contempt or to lower his authority or interfere with the administration of justice: e.g. wilfully insulting a judge or writing abusive letters to a judge/court officials.

Daw v. Eley
(See also: Part A Rule 38 Code of Ethics)

Ambard v. AG of Trinidad and Tobago

3) FAILURE OF ATTORNEY TO ATTEND COURT: If an attorney deliberately fails to attend court after being informed of his need to by way of official communication or court order, with the intent to hinder or delay the hearing, this would amount to contempt of court as it would be seen as interference with the administration of justice.

Izuora v. The Queen
Weston v. Central Criminal Courts Administrator
(For discourtesy see: Part A Rule 36 Code of Ethics)

4) ABUSE OF PLEADING PROCESS: behaviour which may involve the filing of pleadings containing false and/or fictitious facts or issues.

Linwood v. Andrews and Moore

Re Elsam

R v. Weisz

5) ABUSE OF COURT PROCESS: Includes acts of dishonestly or fraud: for e.g. the forging or altering of documents.

Chamberlain and Edwards v. Agard and anor.

PUNISHMENT FOR CRIMINAL CONTEMPT

Imposition of a Fine
(R v. Odhams Press Ltd.)

The court's summary power to punish contempt by committal is a necessary power since it is needed to maintain the dignity and authority of the court and to ensure a fair trial. However, SUMMARY COMMITTAL should be practised with scrupulous care and used only when absolutely necessary.

R v. Gray
(Hint: scrupulous care)

Balogh v. St. Albans
(Hint: instances where summary power of committal should be used)

Parashuram v. King Emperor

The power of summary committal may be invoked in situations where contempt has been committed in the face of the court and in situations other than in the face of the court.

For instance, note the case of Lecointe v. Courts' Administrator of the Central Criminal Court as cited in the case of Balogh v. St. Albans. The contempt in that case occurred in the court but was not witnessed by the judge.

Committal by Judge of his own Motion

To be invoked in situations where it is deemed absolutely imperative to maintain the authority of the court. The judge may commit the offender instanter and without notice.

RIGHT TO BE HEARD
Before allowing punishment for contempt, the court ought to give him the opportunity to show cause or explain his conduct. Whilst doing so, the contempt must be explain clearly and distinctly to the offender and the offender also ought to be allowed to consult a solicitor before he is dealt with (Re Pershadsingh).

Maharaj v. AG of Trinidad and Tobago

CIVIL /PROCEDURAL CONTEMPT

What is the punishment for civil/procedural contempt?

BREACH OF UNDERTAKING

What is an undertaking?

An undertaking may be enforced by the court by committal for contempt when:-

What is the procedure which must be followed if a committal is sought?

Options available to an aggrieved party for breach of an undertaking include:-

JURISDICTION OF COURT TO ENFORCE UNDERTAKINGS

What motivates the court's jurisdiction to enforce undertakings by summary process?

Would the court exercise its summary jurisdiction is every case?

EXAMPLES OF UNDERTAKINGS include an undertaking:-