Inferior courts of record have, as a general rule, power to punish only
those contempts which are committed _in facie curiae_ or consist in
disobedience to the lawful orders or judgments of the court. For
instance, a county court may summarily punish persons who insult the
judge or any officer of the court or any juror or witness, or wilfully
interrupt the proceedings, or misbehave in the court-house (County Court
Act 1888, s. 162), and may also attack persons who having means refuse
to comply with an order to pay money, or refuse to comply with an order
to deliver up a specific chattel or disobey an injunction. A court of
quarter sessions has at common law a like power as to contempts _in
facie curiae_ and is said to have power to punish its officials for
contempt in non-attendance or neglect of duty.
Punishment.
Contempt of court is a misdemeanour and is punishable by fine and
imprisonment or either at discretion. The offence may be tried
summarily, or may be prosecuted on information or on indictment as was
done in the case of the _Weekly Dispatch_ already mentioned. The
prerogative of pardon extends to all contempts of court which are dealt
with by a sentence of clearly punitive character; but it is doubtful
whether it extends to committals for disobedience to orders made in aid
of the execution of a civil judgment.
Contempt is usually dealt with summarily by the court contemned in the
case of contempt _in facie curiae_. The offender may be instantly
apprehended and without further proof or examination fined or sent to
prison. In the case of other contempts the High Court not only can deal
with contempts affecting itself, but can also intervene summarily to
protect inferior courts from contempts. This jurisdiction was asserted
and exercised in the Moat Farm case (1903) and the _South Wales Post_
case (1905) already mentioned.
Except in cases of contempt _in facie curiae_ evidence on oath as to the
alleged contempt must be laid before the court, and application made for
the "committal" or "attachment" of the offender. The differences between
the two modes are technical rather than substantial.
Public-domain text, read in full here on John Shaqi.
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