The procedure for dealing with contempt of court varies somewhat
according as the contempt consists in disobeying an order of the High
Court made in a civil cause, or consists in interference with the course
of justice by persons not present in court nor parties to the cause. In
the first class of cases the court proceeds by order of committal or
giving leave to issue writ of attachment. In either case the person said
to be in contempt must have full notice of the proposed motion and of
the grounds on which he is said to be in contempt; and the rules
regulating such proceedings must be strictly complied with (_R._ v.
_Tuck_, 1906, 2 Ch. 692). In proceedings on the crown side of the king's
bench division it is still usual to apply in the first place for a rule
nisi for leave to attach the alleged offender who is given an
opportunity of explaining, excusing or justifying the incriminated acts.
It is essential that before punishment the alleged offender should have
had full notice as to the specific offence charged and opportunity of
answering to it. The king's bench procedure is that generally used for
interference with the due course of criminal justice or disobedience to
prerogative writs such as _mandamus_.
An order of committal is an order in execution specifying the nature of
the detention to be suffered, or the penalty to be paid. The process of
attachment merely brings the accused into court; he is then required to
answer on oath interrogatories administered to him, so that the court
may be better informed of the circumstances of the contempt. If he can
clear himself on oath he is discharged; if he confesses the court will
punish him by fine or imprisonment, or both, at its discretion. But in
very many cases on proper apology and submission, and undertaking not to
repeat the contempt, and payment of costs, the court allows the
proceedings to drop without proceeding to fine or imprison.
From time to time proposals have been made to deprive the superior
courts of the power to deal summarily with contempts not committed _in
facie curiae_, and to require proceedings on other charges for contempt
to go before a jury. This distinction has already been made in some
British colonies, e.g. British Guiana, by an ordinance of 1900 (No. 31).
Recent decisions in England have so fully defined the limits of the
offence and declared the practice of the courts that it would probably
only result in undue licence of the press if the power now carefully and
judicially exercised of dealing summarily with journalistic interference
with the ordinary course of justice were taken away and the delay
involved in submitting the case to a jury were made inevitable. The
courts now only act in clear cases, and in cases of doubt can always
send the question to a jury. The experience of other countries makes it
undesirable to part with the summary remedy so long as it is in the
hands of a trusted judicature.
Public-domain text, read in full here on John Shaqi.
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