The contemnor had refused to comply with a court order requiring him to return an ancient cross, the Glastonbury Cross. He now sought his release from prison saying his contempt was purged, the Cross having been returned.
Held: The reasons for a committal to custody for a civil contempt were twofold, first to punish the contemnor for disobedience of an order of the court and second to attempt to coerce him to comply with the order. On application for early discharge, the first question for the court should be whether the contemnor has been punished enough for the contempt. If not, then he would probably fail to secure discharge. But if so, the only remaining justification for continuing to keep him in custody was the possibly coercive effect of continuing to do so.
May LJ
[1983] 1 WLR 749, [1983] 2 All ER 901
England and Wales
Cited by:
Cited – Symes v Phillips and others CA 19-May-2005
The applicant was in contempt of court. He successfully appealed a sentence of two years imprisonment, with the sentence being reduced to one year. Legally aided, he sought his costs from the claimant. The claimant replied that their part was only . .
Cited – CJ v Flintshire Borough Council CA 15-Apr-2010
The applicant appealed against a refusal to allow his early release from prison having been sentenced to 21 months for contempts of court.
Held: The appeal failed. The court set out eight questions which might be asked before allowing such a . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 20 December 2021; Ref: scu.226062