by TheJusticeofthePeace @ 28. Oct. 2010. – 11:24:23
Dictionary dot com and doubtless other sources define contempt of court as
a. wilful disobedience to or open disrespect for the rules or orders of a court (contempt of court) or legislative body.
b. an act showing such disrespect.
In this country it is governed by the Contempt of Court Act 1981 and the Practice Direction {criminal:consolidated}. The Judicial Studies Board in 2005 issued a five page checklist for magistrates which deals with the subject from defining it, acting upon it and punishing it and all stages in between.
For a J.P. these five pages are certainly a substantive guide but no more than that. The old adage………if it looks like a duck, waddles like a duck, quacks like a duck then it must be a duck can loosely be applied to recognising a contempt. The judgement that must be exercised when contempt has indeed been recognised in my opinion cannot be taught during a training session. Bench chairmen who have in their normal life been involved in people situations are more likely to have developed the skills required to deal with the problem than others whose lifestyle has been perhaps more solitary or self sufficient by accident or design. The ultimate sanction is for the offender to be taken to the cells to cool off. If the offence is denied a trial takes place where the maximum penalties are a fine of £2,500 and/or one month imprisonment.
I have had only one occasion to send a person to the cells and that was because he refused to turn out his pockets when asked to pay part of a fine imposed and was disbelieved when he denied having any cash on him. He was brought back an hour later with the court security officers having retrieved a £20 note from an additional pouch sown into the inside of his jeans. The commonest contempt is mobile phones being used, mostly in the public gallery, but occasionally by court officers as well as defendants or witnesses not having them turned off. In those circumstances a fixed stare at the culprit is usually enough for the item to be switched off. If courts were run efficiently, and they are not, staff would ensure mobile phones were not operative in court. The website YouTube is an incentive for surreptitious filming of court and has been used to propagate the ravings of certain pseudo political activists. More attention must be given to this problem.
Whether a defendant or witness is showing contempt by keeping his/her hands in his/her pockets is a moot point for some. I am sure that all my colleagues have noted such actions and that it is a matter of judgement whether or not to ask that the hands be taken out. When such a request is made and ignored by the party the authority of the court is demeaned if it is not followed up so one has to be very careful that the slippery slope to the ultimate sanction has been mentally surveyed in advance. Failing such foresight the result of the situation could be embarrassing to say the least.
District Judge Marie Mallon at Huddersfield Magistrates` Court was apparently not taking any nonsense from Jonathan Reaney when, according to a report in the Huddersfield Daily Examiner, she ordered his removal from the building when he refused to remove his hands from his pockets. It does appear odd that in these circumstances he was not detained in the cells.
Thankfully the disrespect for authority widely noticed everywhere, for most people stops in court. If it didn`t, courts would have difficulties insofar as most magistrates` courtrooms excepting remand courts do not have security personnel in place. In the current climate when even ushers are rationed there is no likelihood whatsoever of that situation change
ADDENDUM 30th October 2010
A report on contempt proceedings at Weymouth Magistrates` Court makes interesting reading. I ask myself whether or not the bench showed remarkable restraint or was too weak in its reaction. Generally situations like this must be reacted to very promptly and unless a winger immediately whispers words to the effect….”send her down if she continues…….” the chairman must be decisive and remain in control. Colleagues might have their own opinions.
A report on contempt proceedings at Weymouth Magistrates` Court makes interesting reading. I ask myself whether or not the bench showed remarkable restraint or was too weak in its reaction. Generally situations like this must be reacted to very promptly and unless a winger immediately whispers words to the effect….”send her down if she continues…….” the chairman must be decisive and remain in control. Colleagues might have their own opinions.