The Law Commission has released its discussion paper on contempt of court. It is grounded in principles, which are set out. It surveys historical developments. It provides an excellent summary of the existing law. It is alive to the challenges created by burgeoning technology, the needs of the modern media and the signficance of freedom of expression in discussing the courts. Many of the preliminary recommendations strike me as entirely sensible. They think we should jettison the ancient offence of scandalising the judiciary. I agree. They suggest that when someone commits contempt in the face of the court, they should have the right to a hearing before another judge if they are to be punished beyond locking them up for the day. You bet. They think we should dump the vexed distinction between civil and criminal contempt.
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