Contempt.

NUTLEY BOY

Can anyone please explain the different types of contempt ?

Is contempt civil or criminal in character or both ?

I believe there are a lot of people who work in the area and still would be hard pushed to tell the difference between civil and criminal contempt in practice. Apparently technically criminal contempt is meant to punish, civil contempt is meant to compel compliance, but I understand the penalties are the same ie. fine or jail, in either case possibly until the contempt is purged. I am not sure whether the offence is civil or criminal in character - like Everest, it's just there...;)

dermot_sheehan

NUTLEY BOY wrote:

Can anyone please explain the different types of contempt ?

Is contempt civil or criminal in character or both ?

Civil Contempt: Failing to obey a court order, coercive penalty e.g. indefinite detention until you give assurances you will obey

Criminal Contempt: Interfering with administration of justice, e.g. intimidating witnesses or jurors, interfering with court rooms proceedings, scandalising the court

Punishment is punitive, i.e. if fine or gaol sentence imposed, it is of definite duration

Ava

the last post summed it up pretty clearly. i'm a bit rusty on this but to my knowledge:

the case of (state) keegan v de burca made the distinction betw the two forms. basically civil is a trifling matter which the courts do not wish to get involved in ...indefintie prison term

of criminal there are a few types
1. scandalising the court - where wild and baseless allegations are made against the judge see mitchell v smyth
2. contempt in the face of court (in facie cura)eg assualting a judge juror or witness...intimidating them/convincing them not to show up or attempting to influence witness's testimony
3. administration of justice - sub judice rule...basically publication of material which would prejudcie the trial

criminal contempt is punished by fine and or definite term of imprisonment
perjury is classed as criminal contempt

Thirdfox

A newspaper leaking info about a case after the court put down a order saying no reports can be given... civil or criminal contempt?

Who goes to jail if civil contempt?

Also if the Gov. didn't comply with a court injunction will An Taoiseach be put in jail indefinitely?

Our man in Havana

that would never happen.

dermot_sheehan

Thirdfox wrote:

A newspaper leaking info about a case after the court put down a order saying no reports can be given... civil or criminal contempt?

Who goes to jail if civil contempt?

Also if the Gov. didn't comply with a court injunction will An Taoiseach be put in jail indefinitely?

It would be criminal contempt as it's interfering with administration of justice.

The person breaching the court order goes to jail for civil contempt, for a corporation it would be the officers.

T.D. v. Minister for Education states that courts would generally not enter mandatory orders against the executive so government ministers going to jail would not arise (the court did leave open the option of mandatory orders in what it termed "extreme circumstances")

Ava

newspaper leaking infor...> is criminal contempt - administration of justice - breach of the sub judice rule. the timing of the publication is of critical importance for example after someone is charged but before punishment is handed down.
kelly v o'neill is a case on this area.


also more recently look at all the drama arising from newspaper reports surropunding dermot laide trial!