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Date: April 25, 2024 Thu
Time: 9:04 am
Time: 9:04 am
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1 results foundAuthor: Great Britain. Law Commission Title: Contempt of Court (1): Juror Misconduct and Internet Publications Summary: THE RATIONALE FOR THE LAW ON CONTEMPT OF COURT 1.1 The law governing contempt of court is vast and diverse. This project considers certain key aspects of the law focusing largely on contempts related to publications. Until the Contempt of Court Act 1981 ("the 1981 Act"), the law was developed almost exclusively through the common law. As a result, the law regarding contempt is piecemeal. Taken together, all the different forms of contempt make up a specialist area of law developed by the courts to protect their own procedures. Consequently, the procedures for dealing with contempt are neither truly criminal nor truly civil. 1.2 The underlying rationale for the law on contempt was set out in the report of the Phillimore Committee: The law relating to contempt of court has developed over the centuries as a means whereby the courts may act to prevent or punish conduct which tends to obstruct, prejudice or abuse the administration of justice either in relation to a particular case or generally. 1.3 The law of contempt is designed to ensure that all citizens have unhindered access to effective, unbiased courts whose authority is respected, and that public confidence in the legal system is maintained. Litigants - and the public - must have confidence that the court's decision will be based only on the evidence which was seen and tested by all parties. The law of contempt of court also aims to ensure that no-one can undermine the functions of the court, either by depriving the court of the ability fairly to decide the case or by hindering the enforcement of the court's judgment. Public confidence in the due administration of justice should be maintained as a result. 1.4 The aim of this project was therefore to respond to pressing, practical problems with certain areas of the law of contempt, with a view to recommending reforms that could maintain public confidence in the due administration of justice, whilst also making the law clear, fair, modern and practicable. Details: London: The Stationery Office, 2013. 133p. Source: Internet Resource: HC 860: Accessed July 23, 2014 at: http://lawcommission.justice.gov.uk/docs/lc340_contempt_of_court_juror_misconduct.pdf Year: 2013 Country: United Kingdom URL: http://lawcommission.justice.gov.uk/docs/lc340_contempt_of_court_juror_misconduct.pdf Shelf Number: 132739 Keywords: Contempt of CourtCourts (U.K.)Juror MisconductJury |