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The Law of Contempt

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Contempt of Court Consultation Paper

Published 10th January 2014, 12:22pm

The Law Reform Commission submits for public comment a consultation paper on the law of contempt. The need for consideration of this area of law has arisen out of two particular, and relatively recent, developments. First, the coming into force of the Bill of Rights Part I of the Constitution which deals, in so far as may be relevant to a consideration of the law of contempt, with the rights to a fair trial (section 7) and to freedom of expression (section 11). Secondly, with the rapid growth over the years of the electronic communication of news and opinions, there have been frequent calls for greater clarity on how the law of contempt affects publications by the media and the rights and responsibilities of media houses in respect of such publications

The paper addresses the law of contempt by examining the following broad areas–

  • contempt in the face of the court;
  • contempt by publications tending to prejudice the conduct of particular proceedings;
  • juror contempt;
  • scandalising the court;
  • acts interfering with the course of justice;
  • jurisdiction, procedure and penalties;
  • contempt by disobeying a court order or, what amounts to the same thing, by breaching an undertaking given to the court.

The consultation paper will be published on www.gov.ky as well as on www.lawreformcommission.gov.ky (or www.lrc.gov.ky). Members of the public are invited to submit their comments on the consultation paper. Submissions should be made no later than 10th April, 2014 and should be posted to the Director, Law Reform Commission, P.O. Box 1999 KY1-1104, delivered by hand to the offices of the Commission at 1st floor dms House, Genesis Close or sent by e-mail to Cheryl.Neblett@gov.ky.