Law Commission Recommends Empowering Tribunals to Impose Jail Sentences for Contempt of Court
After two years of the government asking the Law Commission of England and Wales to review the law on contempt of court, the review has been published.
The Law Commission has recommended expanding the power to imprison individuals for breaching the Contempt of Court Act beyond criminal courts to immigration tribunals and other bodies.
This recommendation is one of several changes proposed to the law surrounding contempt of court, a principle aimed at safeguarding the right of British citizens to a fair trial before an impartial jury.
The commission suggests retaining the existing maximum sentence of two years in custody available to crown court and higher court judges in England and Wales.
Following their review, the commission stated, “We have not found evidence suggesting that the two-year limit of committal or the unlimited fine is inappropriate or ineffective.”
Currently, magistrates courts can issue a prison sentence of up to a month and a fine of up to £2,500. However, the commission recommends extending this power to industrial and immigration tribunals and other bodies that currently lack the authority to impose a legal sanction.
The commission also proposes expanding sentencing options to include community orders, which may involve unpaid work, drug or alcohol treatment, and restrictions on a person’s movements or residence.
In 2018, Tommy Robinson was sentenced to nine months in jail for contempt of court after breaching a reporting ban by filming individuals accused of the sexual exploitation of young girls and live-streaming the footage on Facebook outside Leeds Crown Court.
In January, Liz Hull, a correspondent at the Daily Mail, mentioned the increasing challenges judges face with social media commentators during trials.
During a murder trial at the Old Bailey in November 2023, anonymous Twitter accounts posted prejudicial information, including allegations about one of the defendants, raising concerns about the influence of social media on court proceedings.
The Law Commission of England and Wales was tasked by the government in June 2022 to review the law on contempt of court and recommend reforms to enhance effectiveness, consistency, and coherence.
The existing legislation that regulates discussions about criminal proceedings is the Contempt of Court Act from 1981.
‘The Law is … Disorganised and at Times Incoherent’
The commission highlighted that the law on contempt is disorganised and at times incoherent, composed of a mix of statute and common law developed over many years without a systematic approach.
Professor Penney Lewis from the Law Commission emphasized the importance of fair and clear laws on contempt to ensure justice for all parties involved in court cases.
The commission’s proposed framework includes three main areas: general contempt, contempt by breaching orders or undertakings, and contempt through publications during active proceedings.
Under the new framework, the prosecution would need to show a substantial risk of prejudicing a trial and that the publisher was reckless regarding the active status of the proceedings.
The Law Commission is an independent body that provides recommendations to the government for reforming laws in England and Wales, while Scotland and Northern Ireland have their own legal frameworks.
The Law Commission consultation will gather opinions from judges, lawyers, the media, law enforcement officers, academics, and court users, and will be open until November 8, 2024.
