Miller on Contempt of Court

Fourth Edition

Consultant Editor C.J. Miller and David Perry QC

Considers contempt in the face of the court, victimisation of jurors, publication contempt, and civil contempt arising from breaching of orders
Extensive coverage of reporting restrictions, including the strict liability rule, orders made under the Contempt of Court Act 1981, anonymity, and injunctions in the High Court and in the Crown Court
Explores criminal and civil proceedings as well as considering the Court of Protection, public inquiries, inquests, and tribunals
Updated to reflect substantial developments since the third edition was published in 2000, including pragmatic guidance for practitioners as well as in-depth historical analysis

New to this Edition:

Procedural guidance in CrimPR 48, CPR Part 81, and Lord Thomas CJ's Practice Direction: Committal for Contempt of Court - Open Court [2015]
Detailed analysis of the mental element of contempt following Dallas v United Kingdom (2016) and the judgment in Solicitor General v Cox [2016]
Consideration of the Court of Appeal's analysis of the distinction between criminal and civil contempt in Director of the Serious Fraud Office v O'Brien [2012] (upheld in the Supreme Court)
Updated analysis of reporting restriction regimes in the Youth Justice and Criminal Evidence Act 1999 and Children and Young Person Act 1933, reflecting the changes made by the Criminal Justice and Courts Act 2015
Consideration of the Law Commission's consultation on Juror Misconduct and Internet Publications and Court Reporting
Analysis of the impact of YouTube, Facebook, and Twitter on the conduct of criminal proceedings

Miller on Contempt of Court

Fourth Edition

Consultant Editor C.J. Miller and David Perry QC

Description

Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms. Its central concern is to protect the administration of justice in criminal and civil cases, but also to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings. Professor Miller's classic work Contempt of Court gives a comprehensive treatment of the issues in this broad subject area including contempt in the face of the court, publication contempt, and civil contempt when orders are breached.

This new and updated edition has been written against the backdrop of transformations to the media and mass communication technology. Social media has changed day-to-day life almost beyond recognition, and its potential to prejudice criminal proceedings in particular has quickly become apparent. The High Court and the Court of Appeal are considering with increasing frequency what steps might be appropriate to safeguard criminal trials in this context, these can include injunctions, orders made under the Contempt of Court Act 1981, and severe sanctions when members of the public find themselves in contempt. This edition incorporates the most recent case law in this area.

Through pragmatic and reliable analysis, this book provides the reader with an authoritative understanding of all aspects of this vital topic.

Miller on Contempt of Court

Fourth Edition

Consultant Editor C.J. Miller and David Perry QC

Table of Cases
Table of Statutes, Regulations and Rules
1:Introduction
2:Criminal and Civil Contempt of Court
3:Procedure and Jurisdiction in Cases of Criminal Contempt
4:Contempt in the Face of the Court
5:Contempt Through Interfering with Particular Legal Proceedings: Some General Considerations
6:The Period During Which Proceedings are Sub Judice or Active
7:Contempt in Relation to Particular Criminal Proceedings
8:Contempt in Relation to Particular Civil Proceedings and Proceedings in Tribunals
9:Open Justice: Reporting Judicial Proceedings
10:Victimization of Jurors, Witnesses, and Other Persons After the Conclusion of Proceedings
11:Further Miscellaneous Catagories of Contempt
12:Civil Contempt of Court
Appendices
1:Contempt of Court Act 1981
2:Selected Procedural Rules
Index

Miller on Contempt of Court

Fourth Edition

Consultant Editor C.J. Miller and David Perry QC

Author Information

Consultant Editor C.J. Miller, Emeritus Professor of Law, University of Birmingham, and Consultant Editor David Perry QC, Barrister, 6KBW

C.J. Miller, Emeritus Professor of Law at the University of Birmingham: the existing editor of three previous editions of this popular text with extensive experience of research and writing in this area over the course of a long and successful career in legal academia.

David Perry QC of 6KBW is described by Legal 500 as "in the very highest rank" in his field. He has appeared in most of the important criminal appeals of recent years and is regularly instructed to appear in the Supreme Court, Privy Council, and Court of Appeal. As Treasury Counsel, he has acted in a wide range of high profile criminal trials.

Contributors:

Victoria Ailes
Fiona Alexander
Rosalind Earis
Richard Evans
Emma Fenn
Lyndon Harris
Paul Humpherson
Harry O'Sullivan
Alex du Sautoy
Vincent Scully
Sahil Sinha
Sebastian Walker
Thomas Williams