The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay.
Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against sentence.’ Referring to Parliamentary materials, ‘and attempting to give the section a purposive construction, s.108 applies not only to a sentence on conviction but also to the conviction; we think the words can be so read. ‘ There is a route of appeal to the Crown Court whether it be against conviction or sentence. There is no right of appeal against a conviction or sentence under section 12 of the Contempt of Court Act 1981 to the High Court under section 13 of the Administration of Justice Act 1960, but an appeal to the High Court does lie by way of case stated and proceedings for judicial review can be brought where appropriate.
Judges:
Thomas LJ, Gross J
Citations:
[2007] EWHC 2960 (Admin)
Links:
Statutes:
Contempt of Court Act 1981 12, Magistrates’ Courts Act 1980 108, Supreme Court Act 1981 79, Administration of Justice Act 1960 13
Citing:
Cited – Lane v Gloucester Magistrates Court Admn 28-Nov-2006
The claimant sought judicial review of his conviction by the magistrates for contempt of court: ‘The Administrative Court office wrote to Mr Lane on 22nd November, almost a week ago, pointing out that the right of appeal against orders made under . .
Cited – Regina v Havant Justices ex parte Palmer QBD 1985
Palmer was a witness to proceedings before a Magistrates’ Court. Whilst he and the defendant were waiting in the foyer outside the court for the magistrates to consider their decision Palmer threatened the defendant. He was charged with and . .
Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992
Reference to Parliamentary Papers behind Statute
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the . .
Cited – Inco Europe Ltd and Others v First Choice Distributors (A Firm) and Others HL 10-Mar-2000
Although the plain words of the Act would not allow an appeal to the Court of Appeal under the circumstances presently applying, it was clear that the parliamentary draftsman had failed to achieve what he had wanted to, that the omission was in . .
Cited – Linnett v Coles QBD 1986
The defendant had repeatedly failed to obey orders for the production of documents made in the course of civil litigation proceedings. He was ordered to be committed to prison ‘until further order’ He appealed.
Held: With regard to section 14, . .
Cited – Regina v Serumaga CACD 11-Feb-2005
The witness had failed to attend court to give evidence against his estranged wife on a charge against her of assaulting him. He had been held in contempt and refused bail pending the determination of his own guilt.
Held: The judge who had . .
Cited – Assicurazioni Generali Spa v Arab Insurance Group (BSC) CA 13-Nov-2002
Rehearing/Review – Little Difference on Appeal
The appellant asked the Court to reverse a decision on the facts reached in the lower court.
Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. . .
Cited – In Re Hooker Admn 1993
. .
Cited – E I Du Pont de Nemours and Co v S T Dupont (1) ChD 31-Oct-2002
Parties appealed from decisions of the Trade Marks Registry, and requested leave to introduce new evidence.
Held: It was not agreed what rules applied on appeals under the 1938 Act. The Trade Mark system had public interest effects as well as . .
Cited – Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald CA 12-May-2000
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court . .
Cited – Regina v Tamworth Justices Ex Parte Walsh QBD 3-Mar-1994
The peremptory committal of a solicitor for an insult was wrong. Alternatives were available. . .
Cited – Regina v Patley Bridge Justices ex parte Percy 1994
Application for judicial review of conviction for contempt of court. . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 12 July 2022; Ref: scu.262173
