Contempt of Court
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Product details:
- Edition number 3
- Publisher OUP Oxford
- Date of Publication 13 July 2000
- ISBN 9780198256977
- Binding Hardback
- No. of pages880 pages
- Size 254x178x49 mm
- Weight 1584 g
- Language English 0
Categories
Short description:
Contempt of court is a fascinating and colourful branch of the law. It sets the boundary between the right to a fair and unprejudiced trial on the one hand and freedom of expression on the other. It controls misconduct in the courtroom, protects witnesses and others from being victimized, and determines the limits to criticism of the judiciary. Although primarily concerned with English law in the age of the Human Rights Act, this new edition also contains detailed discussion of cases from Australia, New Zealand, Canada, and the United States of America.
MoreLong 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, addressing, for example, the perennial conflict between the requirements of a fair and unprejudiced trial and those from freedom of expression. It is also concerned to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings. Similarly, it provides the ultimate sanction to secure the enforcement of court orders. A further major clash of interests is between the demands of 'open justice' and the numerous restrictions on reporting which now exist, for example to confer anonymity on children and on complainants in sexual cases and on other vulnerable witnesses. These are discussed in detail, particularly in the light of the changes associated with the Youth Justice and Criminal Evidence Act 1999.
This new and considerably expanded version of Professor Miller's classic work on the subject has been written against the background of the Human Rights Act 1998 and the ever-increasing importance of the European Convention of Human Rights. The compatibility (or otherwise) of existing law with 'Convention rights' is discussed in detail in the light of the decisions of the European Court of Human Rights, many of which are not as inimical to the values traditionally advanced by the law of contempt as is sometimes assumed. Full discussion of the many changes in English law is accompanied by references to developments in such jurisdictions as Australia, New Zealand, Canada and, to a lesser extent, the United States of America. In particular the Canadian Charter of Rights and Freedoms has long since required Canadian courts to grapple with issues which are now confronting their United Kingdom counterparts. It is to be expected that such developments will increasingly be taken into account when reassessing our own law of contempt.
The new edition continues the work's clear writing and thorough coverage. Its consideration of Australian, New Zealand and Canadian law has increased, even though it was a notable feature of earlier editions. The work should be a valuable book for any specialist contempt lawyers in these jurisdictions. ... a major work of traditional legal scholarship in the general field of media law.
Table of Contents:
Abbreviations
Table of Cases
Table of Statutes
Introduction
Criminal and Civil Contempt of Court
Procedure and Jurisdiction in Cases of Criminal Contempt
Contempt in the Face of the Court
Contempt through Interfering with Particular Legal Proceedings: Some General Considerations
The Period during which Proceedings are Sub-Judice or Active
Contempt in Relation to Particular Criminal Proceedings
Contempt in Relation to Particular Civil Proceedings and Proceedings in Tribunals
The Sub-Judice Rule: Mens Rea and the Scope of Responsibility
Open Justice: Publicizing Judicial Proceedings
Victimization of Jurors, Witnesses, and Other Persons After the Conclusion of Proceedings
Scandalizing a Court or Judge
Further Miscellaneous Categories of Contempt
Civil Contempt of Court
Appendix
Index