Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor or contemner.
There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court.
When a court decides that an action constitutes contempt of court, it can issue an order in the context of a court trial or hearing that declares a person or organization to have disobeyed or been disrespectful of the court's authority, called "found" or "held" in contempt. That is the judge's strongest power to impose sanctions for acts that disrupt the court's normal process.
A finding of being in contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material or non-disclosure of material, which in doing so is deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine, jail or social service for someone found guilty of contempt of court, which makes contempt of court a process crime. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems.
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In use today
Contempt of court is essentially seen as a form of disturbance that may impede the functioning of the court. The judge may impose fines and/or jail time upon any person committing contempt of court. The person is usually let out upon an agreement to fulfill the wishes of the court. Civil contempt can involve acts of omission. The judge will make use of warnings in most situations that may lead to a person being charged with contempt if the warnings are ignored. It is relatively rare that a person is charged for contempt without first receiving at least one warning from the judge. Constructive contempt, also called consequential contempt, is when a person fails to fulfill the will of the court as it applies to outside obligations of the person. In most cases, constructive contempt is considered to be in the realm of civil contempt due to its passive nature.
Indirect contempt is something that is associated with civil and constructive contempt and involves a failure to follow court orders. Criminal contempt includes anything that could be considered a disturbance, such as repeatedly talking out of turn, bringing forth previously banned evidence, or harassment of any other party in the courtroom, including committing an assault against the defendant in a criminal case. There have been instances during murder trials that grieving family members of murder victims have attacked the defendants in courtrooms in plain view of judges, bailiffs, and jurors, leading to said family members to be charged with contempt. Direct contempt is an unacceptable act in the presence of the judge (in facie curiae), and generally begins with a warning; it may be accompanied by the immediate imposition of a punishment.
Australia
In Australia, a judge may impose a fine or jail for contempt of court.
Belgium
A Belgian correctional or civil judge may immediately try the person for insulting the court.
British West Indies
In 1888, Louis de Souza, a young barrister in British Guiana was fined $500 and imprisoned for six months for contempt of court for publicly criticising judicial decisions. De Souza applied for special leave to appeal his case to the Privy Council as the decisions that he had criticised were not ongoing or cases in which he appeared and, therefore, broader than disrespect to legal authorities in a courtroom. A few years earlier, in Grenada, a newspaper had also been sanctioned for defaming a judge by printing remarks about a case.
The Privy Council granted De Souza's leave, with the judges apparently remarking that judges in England are subjected to far worse. De Souza, however, contracted tuberculosis while in jail and died 3 months after his release. His imprisonment was reported across the West Indies and his death elicited outrage. Valence Gale, a Barbadian journalist, wrote passionately about the events leading up De Souza's death. One of his articles is credited with paving the way for the passage of Barbados' Contempt of Court Act 1891, the first of many across the West Indies.
Canada
In Canada, contempt of court is an exception to the general principle that all criminal offences are set out in the federal Criminal Code. Contempt of court is the only remaining common law offence in Canada.
Contempt of court includes the following behaviors:
Failing to maintain a respectful attitude, failing to remain silent or failing to refrain from showing approval or disapproval of the proceeding
Refusing or neglecting to obey a subpoena
Willfully disobeying a process or order of the court
Interfering with the orderly administration of justice or impairing the authority or dignity of the court
Failing to perform duties as an officer of the court
A sheriff or bailiff not executing a writ of the court forthwith or not making a return thereof
This section applies only to the Federal Court of Appeal and Federal Court.
Under Federal Court Rules, Rules 466, and Rule 467 a person who is accused of Contempt needs to be first served with a contempt order and then appear in court to answer the charges. Convictions can only be made when proof beyond a reasonable doubt is achieved.
If it is a matter of urgency or the contempt was done in front of a judge, that person can be punished immediately. Punishment can range from the person being imprisoned for a period of less than five years or until the person complies with the order or fine.
Under Tax Court of Canada Rules of Tax Court of Canada Act, a person who is found to be in contempt may be imprisoned for a period of less than two years or fined. Similar procedures for serving an order first is also used at the Tax Court.
Hong Kong
Judges from the Hong Kong Court of Final Appeal, High Court of Hong Kong, District Court along with members from the various tribunals and Coroner's Court all have the power to impose immediate punishments for contempt in the face of the court, derived from legislation or through common law:
Insult a judge or justice, witness or officers of the court
Interrupts the proceedings of the court
Interfere with the course of justice
Misbehaves in court (e.g., use of mobile phone or recording devices without permission)
Juror who leaves without permission of the court during proceedings
Disobeying a judgment or court order
Breach of undertaking
Breach of a duty imposed upon a solicitor by rules of court
The use of insulting or threatening language in the magistrates' courts or against a magistrate is in breach of section 99 of the Magistrates Ordinance (Cap 227) which states the magistrate can 'summarily sentence the offender to a fine at level 3 and to imprisonment for 6 months.'
In addition, certain appeal boards are given the statutory authority for contempt by them (e.g., Residential Care Home, Hotel and Guesthouse Accommodation, Air Pollution Control, etc.). For contempt in front of these boards, the chairperson will certify the act of contempt to the Court of First Instance who will then proceed with a hearing and determine the punishment.
England and Wales
In England and Wales (a common law jurisdiction), the law on contempt is partly set out in case law (common law), and partly codified by the Contempt of Court Act 1981. Contempt may be classified as criminal or civil. The maximum penalty for criminal contempt under the 1981 Act is committal to prison for two years.
Disorderly, contemptuous or insolent behaviour toward the judge or magistrates while holding the court, tending to interrupt the due course of a trial or other judicial proceeding, may be prosecuted as "direct" contempt. The term "direct" means that the court itself cites the person in contempt by describing the behaviour observed on the record. Direct contempt is distinctly different from indirect contempt, wherein another individual may file papers alleging contempt against a person who has willfully violated a lawful court order.
There are limits to the powers of contempt created by rulings of European Court of Human Rights. Reporting on contempt of court, the Law Commission commented that "punishment of an advocate for what he or she says in court, whether a criticism of the judge or a prosecutor, amounts to an interference with his or her rights under article 10 of the ECHR" and that such limits must be "prescribed by law" and be "necessary in a democratic society", citing Nikula v Finland.
The Crown Court is a superior court according to the Senior Courts Act 1981 and as such has the power to punish contempt. The Divisional Court as part of the High Court has ruled that this power can apply in these three circumstances:
Contempt "in the face of the court" (not to be taken literally; the judge does not need to see it, provided it took place within the court precincts or relates to a case currently before that court);
Disobedience of a court order; and
Breaches of undertakings to the court.
Where it is necessary to act quickly, a judge may act to impose committal (to prison) for contempt.
India
In India, contempt of court is of two types:
United States
In United States jurisprudence, acts of contempt are generally divided into direct or indirect, and civil or criminal. Direct contempt occurs in the presence of a judge; civil contempt is "coercive and remedial" as opposed to punitive. In the United States, relevant statutes include 18 U.S.C. §§ 401–403 and Federal Rule of Criminal Procedure 42.
Direct contempt is that which occurs in the presence of the presiding judge (in facie curiae) and may be dealt with summarily: the judge notifies the offending party that he or she has acted in a manner which disrupts the tribunal and prejudices the administration of justice. After giving the person the opportunity to respond, the judge may impose the sanction immediately.
Indirect contempt occurs outside the immediate presence of the court and consists of disobedience of a court's prior order. Generally a party will be accused of indirect contempt by the party for whose benefit the order was entered. A person cited for indirect contempt is entitled to notice of the charge and an opportunity for hearing of the evidence of contempt and, since there is no written procedure, may or may not be allowed to present evidence in rebuttal.
Contempt of court in a civil suit is generally not considered to be a criminal offense, with the party benefiting from the order also holding responsibility for the enforcement of the order. However, some cases of civil contempt have been perceived as intending to harm the reputation of the plaintiff, or to a lesser degree, the judge or the court.
Sanctions for contempt may be criminal or civil. If a person is to be punished criminally, then the contempt must be proven beyond a reasonable doubt, but once the charge is proven, then punishment (such as a fine or, in more serious cases, imprisonment) is imposed unconditionally. The civil sanction for contempt (which is typically incarceration in the custody of the sheriff or similar court officer) is limited in its imposition for so long as the disobedience to the court's order continues: once the party complies with the court's order, the sanction is lifted. The imposed party is said to "hold the keys" to their own cell, thus conventional due process is not required. In federal and most state courts, the burden of proof for civil contempt is clear and convincing evidence, a lower standard than in criminal cases.