Contempt of court is a serious offence designed to protect the authority and proper functioning of the judicial system. It refers to any conduct that interferes with the court’s ability to administer justice or undermines its integrity. Depending on the nature of the behaviour, contempt may be classified as either civil or criminal, with penalties ranging from fines to imprisonment.

What Is Contempt of Court?

Contempt of court occurs when a person acts in a way that disrupts court proceedings, disrespects the authority of the court, or disobeys lawful court orders. It is considered a criminal offence and can be prosecuted swiftly, particularly in cases of criminal contempt. This type of contempt involves deliberate defiance or disrespect toward the court and is often addressed through summary proceedings, where penalties can be imposed without a full trial. However, individuals still have the right to respond to allegations.

Types of Contempt of Court

Australian law recognises several categories of contempt, based on the location and nature of the misconduct:

Contempt in the Face of the Court

This form of contempt happens within the courtroom, where behaviour is directly observed by the judge or magistrate. Examples include:

• Insulting or abusing judicial officers
• Refusing to answer questions during proceedings
• Disobeying courtroom instructions

Disobedience Contempt

Also known as civil contempt, this involves failing to comply with court orders or directions. Common instances include:

• Ignoring a subpoena
• Violating a parenting order
• Breaching an injunction

Disobedience contempt reflects a refusal to respect the court’s binding authority and can lead to legal sanctions.

Contempt by Publication

This type of contempt occurs outside the courtroom and includes publishing material that may:

• Influence the outcome of a case
• Prejudice a trial
• Intimidate witnesses or jurors

It is often associated with media reports and public commentary that interfere with the administration of justice.

Examples of Contempt of Court

Below are examples of actions that may lead to contempt of court charges:

• Verbally abusing a judge or magistrate
• Refusing to take an oath or answer questions in court
• Destroying evidence during a lawful search
• Filming or intimidating witnesses
• Failing to comply with court orders or subpoenas

Criminal Contempt

Criminal contempt is generally initiated by government authorities and involves intentional acts that challenge the court’s authority. It may be dealt with summarily by the court and can result in:

• Fines
• Imprisonment
• Other court-ordered sanctions

Penalties for Contempt of Court 

Penalties for contempt differ between jurisdictions and are influenced by the seriousness of the offence. Courts have broad discretion when imposing sentences.

Contempt Penalties by Court:

• Supreme Court: No maximum limit; the court determines an appropriate penalty.
• District Court: Up to 20 penalty units (currently equivalent to $2,200) or 28 days’ imprisonment.
• Local Court: Same limits as the District Court—20 penalty units or 28 days in jail.

Factors That Influence Penalties

Several factors are taken into account when determining penalties for contempt:

• Severity of the Conduct: More serious or repeated violations typically result in harsher penalties.

• Judicial Discretion: Judges have discretion to impose penalties that fit the circumstances.

• Court-Specific Rules: Some courts have established guidelines for handling certain types of contempt.
  

Possible Defences

Several valid defences may be raised in contempt of court proceedings, including:

• Lack of awareness of a court order
• Unintentional breach of the order
• Inability to comply due to genuine circumstances

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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