Monday, August 13, 2012

English Law Commission Consultation on Scandalising the Court

The Law Commission of England has launched a consultation on Scandalising the Court as part of its wider project on contempt of court:
"A well-publicised case in spring 2012 highlighted the historic common law offence of scandalising the court. This offence covers conduct likely to undermine the administration of justice or public confidence in the administration of justice, where the conduct does not impinge on particular proceedings. Scandalising the court has been defined as 'any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority' (R v Gray [1900] 2 QB 36, 40, by Lord Russell of Killowen CJ). There has not been a successful prosecution for scandalising the court in England and Wales since 1931, although it has been used more recently in other common law jurisdictions (...)"
"The consultation considers whether the current offence of scandalising the court should be abolished or, in the alternative, whether it should be retained but modified and, if so, how. "

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posted by Michel-Adrien at 7:50 pm


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