- Contempt: a maze of terminology & legal aid.
- Clarity—or not—and the procedure for contempt.
Tom Bingham (nom de plume of Lord Bingham) states his first rule of the Rule of Law (title of his 2004 lecture, and a 2011 Penguin paperback) as that all laws should be ascertainable, clear and accessible. Anyone threatened with imprisonment for ‘contempt of court’—itself a misleading title, which many judges say is inappropriate—will find that the law is anything but clear; and a defendant who wants legal aid for representation for defence (ie not to be sent to prison) will find the law is positively opaque.
On 1 May 2020 replies to a consultation concluded on ‘Proposed rule changes relating to contempt of court; redraft of CPR Part 81’ (https://bit.ly/37cbN6K); that is to amend the Civil Procedure Rules 1998 (CPR 1998) to modernise its terminology and to clarify some of its procedure.
I responded to this consultation on three bases:
- To urge the Civil
