Contempt of Court

Question 1

Where does the court derive its jurisdiction to punish for contempt of court?

Answer 1

Pursuant to Section 105 Supreme Court of Judicature Act , the Supreme court has an inherent jurisdiction to punish for all contempts, whether criminal or otherwise.

Question 2

What are the two main categories of contempt?
Define each.

Answer 2

Civil Contempt
civil contempt consists of disobedience to a judgment order or other process of court in a civil action

Criminal Contempt

the test for criminal contempt is whether the words or actions used in the course of the proceedings are of such a nature as to interfere, or tend to interfere, with the course of justice or prejudice the proceedings.

Question 3

Criminal contempt can fall into two categories. What are they and how are they defined?

Answer 3

Contempt in the face of the Court
In Balogh, is defined as “within the courtroom but not seen by the judge” and “at some distance from the court”.
It is not limited to what the judge sees or knows himself.

Contempt outside the Court
this captures actions which take place outside the court precincts

Question 4

Give examples of Contempt in the face of the court.

Answer 4

Non-attendance by counsel to court
- if it tends to interfere with the course of justice
otherwise it is discourteous and may be a breach of duty to client but not contempt

Rudeness, discourtesy or other improper conduct in the face of the court

Abuse of pleadings by filing documents with false facts, presenting fictitious affidavits

Abuse of court process by forging documents

Question 5

Give examples of contempt outside the court.

Answer 5

Scandalizing the court
-plublishings calculated to bring a court or judge into disrepute.
a distinction has to be made between criticizing and scandalizing

criticizing does not amount to contempt.

Question 6

What is the proper practice and procedure the court should follow to cite for contempt?

Answer 6

1. The particulars of the specific nature of the contempt alleged should be made plain to the alleged contemnor by the judge before he can properly be convicted or punished. (Maharaj v AG for T&T)
2. The alleged contemnor should be given an opportunity to answer or to explain his conduct “to show cause” and a failure to do so will usually result in the conviction being quashed.
3. Unless the matter is one of urgency and must be dealt with without delay, the court should afford the alleged contemnor the opportunity to return at a later date or time and instruct counsel to represent him
4. The alleged contemnor should be afforded the opportunity to give oral evidence, if he so requests, and to make submissions in mitigation prior to sentencing
5. Unless the circumstances so require, the court should not lean towards a custodial sentence to punish for contempt (Balogh)

Question 7

Outline a discussion on Contempt of court

Answer 7

• the court’s jurisdiction
• what is criminal contempt
• what are the categories of criminal contempt
• what is the proper procedure for a citation of criminal contempt
• if procedure not followed, may appeal.
• Even if actions don’t amount contempt, still may be a professional misconduct

Question 8

What is the standard of proof to be applied in contempt proceedings?

Answer 8

the criminal standard of proof is required. That is, “Beyond a reasonable doubt”

Question 9

In the case of__________, the Court of Appeal held that although a letter written by counsel “had gone beyond the bounds of courtesy”, it was not punishable by proceedings for contempt and did not interfere with the course of justice… the appropriate course was for a report to be made to the Law Society.

Answer 9

Balogh

Question 10

the case of _________ the Privy Council held that being absent, did not amount to contempt. But a breach of professional duty to client. Being absent would have amounted to contempt had the attorney deliberately absent himself in order to hinder or delay the trial.

Answer 10

Izoura v The Queen [1953],

Question 11

the case of ____________ it was held that unless you are genuinely exercising a right of criticism, and not acting in malice or attempting to impair the administration of justice, they are immune from a citation of contempt.

Answer 11

Ambard v Attorney General for Trinidad and Tobago [1936] AC 322.

Question 12

R v Gray [1900] 2 QB 36

Answer 12

Any act done or writing published calculated to bring a court or judge of the court into contempt, or to lower his authority, is a contempt of court.”

Question 13

Maharaj v AG for Trinidad

Answer 13

The particulars of the specific nature of the contempt alleged should be made plain to the alleged contemnor by the judge before he can be properly convicted or punished

Question 14

What are the relevant rules

Answer 14

Rule 38
Rules 69, 70 etc