Review into 'disordered' contempt of court law could help trust concerns between police and public
A government-backed review into the "disordered and unclear" contempt of court legislation will be returned this year, with concern growing that trust is eroding between authorities and the public. The Law Commission - a statutory independent body - announced the consultation paper in July last year with the objective of making the law of contempt easier to understand, fairer and that better protects justice administration.
Contempt of court refers to a wide variety of conduct that may impede or interfere with a court case. Examples of which include deliberately breaching a court order or publicly commenting on court developments that could result in the defendant not having a fair trial.
The contempt of court legislation is over 40 years old and there are fears the "unsystematic" enforcement of the law has created a regime that is often "disordered and unclear". The legislation has recently come under the microscope due to the case of Axel Rudakubana - the teenager who perpetrated the Southport dance party murders -and how much information could have been released about his background and prior contact with state authorities.
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Merseyside Police Chief Constable Serena Kennedy told the ECHO she wanted to say more to "demonstrate openness and transparency" but was constrained by advice from the Crown Prosecution Service (CPS). Chief CPS prosecutor Sarah Hammond told the ECHO that the priority was to deliver justice for the victims and their families. She added: "In this particular case, what was important to both us and the police is that there was no prejudice to that trial at all. So every consideration we had about what could be released, information that could be released really had to be looked at through that lens."
In the days after Rudakubana's killing spree at a Taylor Swift-themed dance class, where he murdered Bebe King, Elsie Dot Stancombe and Alice da Silva Aguiar and injured 10 others, very little information was released. Disinformation began to circulate online including incorrect claims Rudakubana was an illegal immigrant.
Violent riots followed and the authorities were later accused of a cover-up. Prime Minister Keir Starmer, who was previously the top lawyer at the CPS, denied the claims and instead spoke of the risk of collapsing the trial. However, the "information vacuum" left by the cautiousness to release more information, due to the boundaries of contempt of court legislation, instead allowed for the swath of disinformation to grow.
Jonathan Hall KC, who is currently reviewing terror legislation for the government, has repeatedly said more information could have been released to counter the disinformation. He told the Financial Times that the state's interpretation of contempt law in the case of Rudakubana was "ultra cautious".
Further concern about the current contempt of court law has been raised that it is unfit for the digital age with the prominence of social media. When asked if the case of Rudakubana showed a need for a change in the contempt legislation, Ms Hammond said: "I think because of the unusual nature of this case, the complexities, the sensitivities, I can completely understand why people are asking that question, and I think that's something the public inquiry could look into."
When asked if there would be a worry around trust between policing and the public regarding the release of information, Chief Constable Kennedy added: "Yes, there's a narrative out there, around the impact of trust between policing, between criminal justice partners with the communities. The Law Commission has commissioned a review of contempt of court legislation. And I think that's right. I think this case demonstrates why that review and commission is required. And obviously members of the public have been called to add into that review. So I am concerned about it, but hopefully we've demonstrated now why we've been unable to say anything further."
The Law Commission has set out to improve understanding on four key points. Firstly it seeks to clarify and codify the law by creating a framework for liability with three forms of contempt - general contempt, contempt by breach of order and contempt by publication when proceedings are active.
Secondly it seeks to enhance transparency and accountability by requiring publication of judgments in contempt cases. Thirdly, it has proposed to make proposals for a clear, comprehensive and uniformed procedure that enables the courts to deal "fairly, efficiently, effectively and consistently" with conduct that may constitute contempt of court. And lastly, it aims to improve some of the fundamental protections provided by the rule of law.
The Law Commission's public consultation closed on November 29 last year, with the report expected to be published in late 2025.