Arlidge, Eady & Smith on contempt / by David Eady and A. T. H. Smith.

London : Sweet & Maxwell, 2011.

4th edition

80418

Law of contempt.

Contempt of court -- England.

Contempt of court -- Wales.

1. History of the law of contempt

I. The common law courts

II. Influence of the Star Chamber

III. The court of chancery: the development of civil contempt

IV. Summary procedure in the eighteenth century

V. The rule against Ex Parte statements

VI. Other nineteenth century developments

VII. Background to the Contempt of Court Act 1981

VIII. The Contempt of Court Act 1981

IX. Developments since the 1981 Act: a summary

X. Issues currently requiring attention in the law of contempt

2. Contempt of court: the constitutional dimensions

I. The continuing role of the contempt jurisdiction

II. Freedom of information and the law of contempt

III. Free press and fair trial

IV. The impact of the European convention

V. The role of the Attorney General

VI. Contempt of court and the Crown

3. The distinctions between criminal and civil contempt

I. The distinction explained

II. The juridical nature of contempt

III. Points of comparison between civil and criminal contempts

4. The statutory regime for strict liability

I. The strict liability rule

II. Restrictions on the Actus Reus of strict liability contempts

III. Categories of persons thought susceptible to influence

IV. Strict liability contempt and abuse of process

V. When are proceedings "active"?

VI. Section 7 and the Attorney General

VII. Who may be liable for publication and upon what basis?

VIII. Innocent publication or distribution

IX. The right to report court proceedings

X. Discussing public affairs

XI. What are the "defences" preserved by section 6?

5. Contempts by publication at common law

I. Questions unresolved by the 1981 Act

II. The Actus Reus

III. The mental element in common law publication contempt

IV. Is there a general defence of fair comment / public interest?

V. Scandalising the court

6. Court orders affecting the media

I. Quia timet injunctions to restrain a contempt

II. Injunctions Contra Mundum

III. Injunctions affecting persons who are not directly bound

7. Court reporting I: restrictions under the 1981 Act

I. The common law background

II. Section 11 of the Contempt of Court Act

III. Postponement orders under section 4(2) of the 1981 Act

8. Court reporting II: other statutory restrictions

I. Judicial proceedings (regulation of reports) Act 1926

II. Restrictions on publication under the Criminal Justice Act 2003

III. Statutory anonymity for complainants of sexual offences

IV. Protection for juveniles (children and Young persons): the 1993 Act

V. Anonymity for witnesses: section 46 of the Youth Justice and Criminal Evidence Act 1999

VI. Protection for family proceedings

VII. Pre-trial hearings in criminal proceedings

VIII. Postponed reports of derogatory remarks in mitigation: Criminal Procedure and Investigations Act s.58

IX. Disclosures relating to proceedings in private

X. Employment and other tribunals

XI. Restrictions on attendance under the Official Secrets Act 1920

XII. Anonymity under the prevention of Terrorism Act 2005

9. Protection of sources

I. The common law context

II. The general scope of section 10

III. The four statutory exceptions further analysed

IV. When does a journalist's refusal become contempt?

V. Should the Attorney-General have a role to play?

VI. A general summary of the principles

10. Contempt in the face of the court

I. Introduction

II. The requirements of natural justice: article 6

III. Disturbing proceedings in court

IV. Statutory contempts in the face

V. Improper conduct of a case

VI. Contempt committed by witnesses

VII. Contempt committed by jurors

VIII. Unauthorised recording of court proceedings

IX. Mens Rea for contempt in the face of the court

11. Direct interference with the administration of justice

I. General considerations

II. The mental element in non-publication contempts

III. Subverting the orders or procedures of the court

IV. Abusing the court's procedures

V. Failure to attend court

VI. The statutory provisions against intimidation

VII. Interference at common law: the general principles

VIII. Common law: judges, jurors and legal advisers

IX. Common law: interference with witnesses

X. Common law: litigants and parties

XI. Interference with officers of the court

XII. Interference with the wardship or Parens Patriae jurisdiction

XIII. The secrecy attached to jury deliberations

12. Civil contempt

I. General principles

II. The mental element for civil contempt

III. Who can be liable for civil contempt?

IV. Breaches of court orders generally

V. Freezing and search and seizure orders

VI. Breaches of undertakings

13. Jurisdiction

I. General principles

II. Superior Courts of record

III. Other Courts of record

IV. Magistrates, Courts

V. Appellate jurisdiction

14. Sanctions and remedies

I. General introduction

II. Custodial penalties

III. Attaching a power of arrest

IV. Non-custodial sentences

V. The unavailability of financial compensation

15. Practice, procedure and public funding

I. Committal: the High Court

II. Committal in the County Court

III. Applications for sequestration

IV. Appeals procedure

V. Legal services commission: advice, assistance and representation

16. Scotland

I. Contempt in Scots law before 1981

II. Direct contempts involving judges

III. Misbehaviour in court

IV. Prevarication

V. Interference with evidence

VI. Media contempts

VII. Breach of interdict or undertaking

VIII. The Phillimore recommendations for Scotland

IX. The Contempt of Court Act 1981: application to Scotland

X. Contempt of Court Act 1981: a commentary.

Table of contents is taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

Arlidge, Eady and Smith on contempt

9780414043220

clvi, 1527 pages : illustrations ; 24 cm