Contempt of Court

Contempt of Court, a disregard of the rules or an offence against the dignity of a court which has power to punish for such offence. Contempts, according to the law of England, may be classed as (1) disobedience to the Queen's writ; (2) contempts in the face of the court, as when a witness refuses to be sworn or prevaricates in his evidence, or where jurymen refuse to give a verdict; (3) contemptuous words or writings concerning a court; (4) refusing to comply with the rules and awards of a court; (5) abuse of the process of a court; and (6) forgery of writs, or any deceit tending to impose on a court. Any act which insults or resists the power of a court or the persons of the presiding judges, or which plainly tends to create a disregard of judicial authority, may be a contempt, as unseemly behaviour, applauding, talking boisterously and obstreperously while the business of a court is proceeding, intimidating a suitor to discontinue his action, kidnapping or corrupting witnesses or jurors, obstructing officers of court and the like. Contempt is occasionally punished by fine (e.g. of £500 during the Parnell Commission), but oftener by commitment to prison for an indefinite period. Similar powers are exercised by judges in Scotland, where contempts may be punished arbitrarily by censure, fine, or imprisonment, either by the court of its own instance or under a summary complaint by the public prosecutor. In the United States also, the courts have power to fine and imprison all such contempt of their authority, every court being the exclusive judge of its own contempt, and having power to preserve its own dignity. Motions and affidavits for attachments in civil suits are on the civil side of the court, but as soon as the attachment issues, the proceedings are on the criminal side. For Contempt of Parliament, see PARLIAMENT.