The appellant had broken two court orders, and appealed a sentence of two months imprisonment. He had been held on remand for 28 days before the court hearing.
Held: The judge should have given allowance for the time spent in custody already. In contempt cases such time would not be deducted automatically, and therefore the sentence itself should be adjusted.
Judges:
Ward, Hale LJJ
Citations:
Times 27-Nov-2003
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Delaney v Delaney CA 2-Nov-1995
A County Court judge has no power to imprison a contemnor pending a sentence decision. Time spent in custody awaiting trial for contempt would not automatically be set off against the final sentence. Proceedings for contempt can be restored after . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court
Updated: 12 May 2022; Ref: scu.189945