These proceedings are heard in the High Court and are sometimes called committal proceedings.

In certain limited circumstances, usually involving the most serious instances of contempt and where the public interest requires their intervention, the Law Officers may decide to institute contempt proceedings themselves.

What is the role of the Law Officers in contempt proceedings? The judge hearing the case may deal with a contempt or may refer it to a higher court. In those cases, criminal proceedings may follow without the involvement of the Law Officers. In other circumstances, the behaviour may also amount to a criminal offence. In civil and family cases, other parties to the proceedings may be able to bring proceedings for contempt. The police and Crown Prosecution Service (CPS) have no power to institute proceedings for contempt. Contempt can be punished by a fine or up to two years in prison.Ĭontempt of court is not a criminal offence, even though it is punishable by imprisonment. Examples of contempt of court include deliberately breaching a court order, taking, and publishing photographs in court, and publishing information that could prejudice a trial. Introduction What is contempt of court?Ĭontempt of court refers to behaviour that takes place during, or in connection with, legal proceedings that prejudices or impedes the administration of justice or creates a real risk of that happening. The Law Officers are unable to provide legal advice to members of the public.The Law Officers are unlikely to take up a contempt matter where others, such as the litigants themselves, are.The Law Officers would most usually expect a referral to come from a judge.

It is not legal advice.īefore contacting the Attorney General’s Office you should be aware that: This page provides guidance on contempt of court and explains the role of the Law Officers in contempt proceedings. Incidents of contempt should in the first instance be dealt with by a judge or the litigants themselves. However, this power is reserved for rare circumstances where the wider public interest requires it. As Guardians, they can deal with incidents of contempt by instituting proceedings against people in the High Court. The Attorney General and the Solicitor General (the Law Officers) are the chief legal advisers to government and ‘Guardians of the Public Interest’.

Contempt of court pdf