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contempt of courts |
The Contempt of Courts Act 2013 (CCA 2013) is a UK law that came into effect on 1 October 2013. It makes it a criminal offence to engage in conduct that is likely to cause a judge, magistrate or other judicial officers to be contemptuous of their office. The CCA 2013 applies to all judges, magistrates, justices of the peace and members of the police service in England and Wales.
The aim of the CCA 2013 is to protect judges from intimidation and/or harassment. As part of our compliance activities, we would like to inform you about the following: Under section 3(1) of the CCA 2013, any person who commits an act that is likely to cause a judge, magistrate or other judicial officers to be contemptuous of their office may be guilty of an offence.
This means that anyone who engages in any conduct that could reasonably be expected to cause a judge, magistrate or other judicial officers to refuse or neglect to perform their duties may be guilty of an offence. If you are aware of someone who is engaged in any conduct which could reasonably be expected to cause a judge, magistrate or other judicial officers to become contemptuous of their office, please contact us so that we can take appropriate
What is the Contempt of Courts Act 2013?
The Contempt of Courts Act 2013 (the “Act”) amends the Contempt of Courts Act 1981 to create new contempt proceedings and to make other amendments. The main changes introduced by the Act are:
- A new contempt of court principle which provides that anyone who wilfully and corruptly disobeys a court order or engages in any other willful act that obstructs, interrupts or destroys the administration of justice is guilty of contempt. This is a stronger offence than the existing contempt law, which only makes it a crime to disobey a court order with intent to impede its operation.
- There is a new civil penalty provision for persons who commit contempt, which replaces the criminal sanction of imprisonment with a fine not exceeding £10,000 or imprisonment for not more than 12 months, or both.
- The Act also creates new rules for dealing with cases of contempt, including procedures for issuing notices to individuals and organisations that have committed offences of contempt and for hearing appeals against decisions made under the Act.
The Rules and Notifications under the Contempt of Courts Act 2013
The Contempt of Courts Act 2013 sets out the rules for contempt proceedings. The sections of the act which deal with notifications are set out below:
Section 4(1) states that a notice must state:
the nature of the alleged contempt; and the name or title of the person to whom it is addressed.
Section 5 requires a person who intends to commence a contempt proceeding against another person to give written notice to that other person at least 10 days before commencing the proceeding. The notice must specify:
the nature of the alleged contempt; and the name or title of the person bringing the proceeding.
The notice requirement does not apply if there is an emergency situation which prevents giving notice in time. In that case, subsection (2) allows for commencing proceedings without giving notice if it is shown that doing so is necessary for preserving public order or preventing an offence from being committed.
If a court determines that a party has acted in contempt, section 7 provides for remedies including imprisonment and/or fines.
How to deal with people who breach the Rules and Notifications?
If you have a complaint about someone who has breached the Rules and Notifications, your best course of action is to first try to resolve the issue with them directly. If that doesn’t work, you can contact our Customer Service team.
If you feel that someone has committed an offence under the Contempt of Courts Act, you can report the matter to the police.
What are the Rules and Notifications of the Contempt of Courts Act 2013?
1. What is the Contempt of Courts Act 2013?
The Contempt of Courts Act 2013 is a United Kingdom statute that makes it an offence to disobey court orders or to insult or abuse any member of the judiciary. The law came into force on 9 October 2013.
2. Who can be charged with contempt of court?
Any person who disobeys a court order or insults or abuses a member of the judiciary can be charged with contempt of court. However, the law does not apply to members of the media or public officials acting in their capacity as such.
3. How is contempt of court punishable?
People convicted of contempt of court can face a range of punishments, including imprisonment and/or a fine. In some cases, they could also be subject to an order preventing them from having any contact with the victim or witnesses in the case.
Who can be held liable under the Contempt of Courts Act 2013?
The Contempt of Courts Act 2013 (COCA 2013) is a UK statute that regulates the manner in which courts can be disrespected. The COCA 2013 sets out nine contempts, ranging from public disorder and obstruction of justice to verbal abuse and contemptuous remarks about judges.
The COCA 2013 applies to anyone who:
(a) intentionally disobeys an order, notice or request of a court made either in proceedings before the court or otherwise; or
(b) speaks, writes or otherwise communicates anything that is intended to libell, defame, taunt or insult any person engaged in judicial duties.
Penalties for violating the COCA 2013 can include a fine of up to £5,000 (£4,000 for a first offence), imprisonment for up to six months, or both. In addition, offenders may be subject to any other appropriate disciplinary action by their employer or licensing body.
How to deal with contempt of courts proceedings?
In order to prevent contempt of court proceedings, individuals should be aware of the Contempt of Courts Act, Rules and Notifications. The law prohibits anyone from willfully disregarding a court order or proceeding.
Individuals who are found guilty of contempt of court may face fines, imprisonment or both. In some cases, individuals may also be required to perform community service. If an individual is ordered to appear in court and does not show up, they may be charged with contempt of court.
Individuals should always comply with any court orders or proceedings that they are involved in. If you have questions about a particular matter, you should contact a lawyer.
Conclusion
In this article, we will be discussing the Contempt of Courts Act 2013 and its rules and notifications. This law is designed to protect the independence of the British courts system by preventing public criticism or ridicule of judges and court proceedings. As you will learn in this article, there are a number of ways in which you could find yourself in violation of this law, and as such, it is important that you are aware of all of your legal options should you find yourself facing criminal charges due to contemptuous behaviour towards the judiciary.