Contempt

Question 1

What are the two main types of contempt ?

Answer 1

Civil contempt and

Criminal Contempt

Question 2

Who initiates civil contempt claims?

Answer 2

You can initiate the case yourself

Question 3

Explain the process for civil contempt

Answer 3

Involves breach of court order that you got . Up to civilian themselves to bring it to court

Judge will issue a bench warrant ordering the person to come to court, guards bring them in and explain themselves. Order of attachment

Give chance to apologize and abide by order. Don’t do that are sent to jail to think about it. Only able to be released by order of court of by judge who put him in there.

Can be released and fined instead in jail doesn’t work

Question 4

What are the two elements of purging your contempt ?

Answer 4

Apologise

Promise not to do it again

Question 5

4 examples of criminal contempt?

Answer 5

Contempt in the face of the court , disturbing the running of trial

Scandalizing the court

Threatening witnesses , interference with justice

Reporting anything other than evidence, subjudice rule

In general interfering with admin of justice; opinion pieces about either partys etc

Question 6

What are the 2 ways of prosecuting criminal contempt?

Answer 6

Court/sentenced on the spot by judge you just irritated

File sent to DPP and trial sent to another judge at a later date

Question 7

What case established that a judge should use the dpp procedure where possible?

Answer 7

State DPP and Walsh 1981 , except in exceptional circumstances but courts should be reluctant

Question 8

What is the possible sentence a judge can impose in criminal contempt after trial ?

Answer 8

Jail

Fine