Disorder in the court

The president of the Family Division, Sir James Munby, issued practice guidance on 4 June 2013 which supplemented that issued on the 3 May 2013. This guidance requires a hearing to be in open court in a public list but provides a reminder that where children are involved the court may sit in private.

The courts’ powers are found in section 14 of the County Court Act 1984 which makes it an offence to assault an officer of the court in the execution of his duty. The maximum penalty is three months imprisonment and/or a fine not exceeding £5,000.

Section 118 makes it an offence to willfully insult (which includes threatening) a judge of the county court, any juror or witness or any officer of the court during his sitting, attendance, going
or returning from the court,
or to willfully interrupt the proceedings of a County Court, or to otherwise misbehave in court. Any officer of the court may by order of the judge take the offender into custody and detain him until the rising of the court. The maximum penalty is one month imprisonment and/or a fine not exceeding £2,500.

In R v Lewis [1999] The Times 4.11.99 calling a judge “a bloody disgrace” was referred to as a classic case for judicial deafness. However, while most judges are more than capable of looking after themselves the same cannot be said of the court staff.

More than once I have seen experienced court staff, and one solicitor’s clerk, reduced to tears by abusive litigants. District Judges and deputies are specifically given jurisdiction. Court does not just mean courtroom, but embraces the building and immediately outside, and also the entire period of travel either way, as in Manchester City Council v McCann [1999] 2 WLR 590.

Committal safeguards

The court must deal with the matter before the end of the day as there is no power to detain overnight. It is important to follow the committal safeguards as in Newman v Modern Bookbinders [2000] 2 All ER 814, in which it is suggested that this includes the following:

• telling the offender why he has been detained and warning him of the potential penalty;
• putting the allegation(s) in writing and making sure they are given to the offender;
• giving the offender time to reflect and to apologise;
• affording the offender the opportunity of legal representation. Although, the court does have power to grant legal aid and also to appoint an advocate in the precincts to undertake representation;
• arranging for an interpreter; and
• hearing mitigation before passing sentence.

Proportionate sentencing

The court will need to ensure
if it passes a sentence of imprisonment that it makes sure the committal warrant specifies why the offender is in prison. The Court of Appeal in Wilkinson v S and Another [2003] 2 All ER 184 made it clear that if there
is a dispute over the facts, it
may be prudent to refer to
another judge.

There is a summons procedure available under County Court Rule 34. The court officer issues the summons. It must be served personally not less than eight days before the return date.

As to sentence the court needs to ensure that the sentence is proportionate given the circumstances. Admission and apology will obviously be relevant, as will the offender’s personal circumstances, including whether this is the first contempt.

There is a need to protect the proper administration of justice and it is not right that parties, witnesses, advocates, or court staff should be subjected to abuse, still less threats of or actual violence.

If the court thinks a fine is the appropriate remedy, but the offender does not have the means to pay, it cannot send the contemnor to prison instead.
To pass a sentence of imprisonment the court must be satisfied that a custodial sentence is appropriate.

There is a safeguard available. Under the Lord Chancellor’s Direction of 29 May 1965 the Official Solicitor reviews the case of every person who is
sent to prison and if a defect
is discovered then they refer
the case back to the judge
or to the Court of Appeal.

Finally the court has
power to release a contemnor on application to purge contempt. This is inevitably a matter for the courts discretion. So beware. Think it if you must, but say it at your peril. SJ

District Judge Robert Jordan is president of the Association of Her Majesty’s District Judges and sits at Leeds Combined Court Centre