Description

Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its central concern is to protect the administration of justice in criminal and civil cases, but also to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings.
Professor Miller’s classic work Contempt of Court gives a comprehensive treatment of the issues in this broad subject area including contempt in the face of the court, publication contempt, and civil contempt when orders are breached.
This new and updated edition has been written against the backdrop of transformations to the media and mass communication technology. Social media has changed day-to-day life almost beyond recognition, and its potential to prejudice criminal proceedings in particular has quickly become apparent.
The High Court and the Court of Appeal are considering with increasing frequency what steps might be appropriate to safeguard criminal trials in this context, which can include injunctions, orders made under the Contempt of Court Act 1981, and severe sanctions when members of the public find themselves in contempt. This edition incorporates the most recent case law in this area.
Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this vital topic.
Considers contempt in the face of the court, victimisation of jurors, publication contempt, and civil contempt arising from breaching of orders
Extensive coverage of reporting restrictions, including the strict liability rule, orders made under the Contempt of Court Act 1981, anonymity, and injunctions in the High Court and in the Crown Court
Explores criminal and civil proceedings as well as considering the Court of Protection, public inquiries, inquests, and tribunals
Updated to reflect substantial developments since the third edition was published in 2000, including pragmatic guidance for practitioners as well as in-depth historical analysis
New to this Edition:
Procedural guidance in CrimPR 48, CPR Part 81, and Lord Thomas CJ’s Practice Direction: Committal for Contempt of Court – Open Court[2015]
Detailed analysis of the mental element of contempt following Dallas v United Kingdom(2016) and the judgment in Solicitor General v Cox [2016]
Consideration of the Court of Appeal’s analysis of the distinction between criminal and civil contempt in Director of the Serious Fraud Office v O’Brien [2012] (upheld in the Supreme Court)
Updated analysis of reporting restriction regimes in the Youth Justice and Criminal Evidence Act 1999 and Children and Young Person Act 1933, reflecting the changes made by the Criminal Justice and Courts Act 2015
Consideration of the Law Commission’s consultation on Juror Misconduct and Internet Publications and Court Reporting
Analysis of the impact of YouTube, Facebook, and Twitter on the conduct of criminal proceedings