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 release. The judge here had had the benefit of listening to the contemnor, and no significant error had been identified in his reasoning. In particular the judge had not believed his expressions of regret. Unlike a sentence passed in criminal proceedings, a sentence for contempt can be the subject of an application for an order for early discharge, formerly described as an application to purge the contempt.
Sedley LJ, Wilson LJ, Aikens LJ
[2010] EWCA Civ 393, [2010] 2 FLR 1224, [2010] CP Rep 36, [2010] 3 FCR 40, [2010] Fam Law 697
Bailii
Criminal Justice Act 2003 258, Administration of Justice Act 1960 13(1)
England and Wales
Citing:
Cited – Johnson v Grant SCS 1923
Lord Clyde, the Lord President considered whether the contemnor should be given early release from prison and said: ‘The mere circumstance that he presents a belated expression of contrition has, with regard to the public aspect of the matter, . .
Cited – Corcoran v Corcoran 1950
The applicant sought his release from prison imposed for contempt of court saying that having returned the child at issue, he had purged his contempt. . .
Cited – Longhurst Homes Ltd v Killen CA 11-Mar-2008
Appeal against sentence of nine months for contempt of court. Hughes LJ considered the ‘protective’ effect of continuing to keep the contemnor in prison and thus into whether an order for early discharge would be likely to lead to further breaches . .
Cited – Enfield London Borough Council v Mahoney CA 1983
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 . .
Cited – Lightfoot v Lightfoot CA 1989
In matrimonial proceedings, Mr L had defied a court order to pay redundancy and other money due to him into a solicitors’ joint account upon receipt, pending further order. Mr L received andpound;30,000, paid all the money into his own account, . .
Cited by:
Cited – Erhire v E O-I (by his next friend) CA 24-Mar-2011
The mother appealed against a sentence of eight months imprisonment imposed for contempt of court in having broken an order intended to protect the child against being removed to Nigeria with a view to forcing him into a marriage. On complaint of a . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 11 November 2021; Ref: scu.408542