Summary power to

punish contempt
Must be used sparingly and
only in serious cases.
Shandasami v R
[where insulting
words to opposing
counsel wasnt contempt must interfere/tend
to interfere
with course of justice]

power of judge to
punish sumarily
only to be used
where nothing else
will do to protect the ends
of justice

Contempt of Court
Mostly occurs in the face of th
court but can arise out
of things said or done out of
court
Test - whether words or
action used in the course
of proceedings are such
nature as to interfere with
course of justice or prejudice
of the proceedings

Maharaj v AG for T&T

[Barrister imprisoned
for 7 days for contempt
- wasnt told reason of committal
or given chance to explain
why he shouldnt be punished held to be breach of constitutional
right]

Re Pershadingh[
Contemnor
wasnt given
opportunity to show
why he shouldnt be
punished conviction quashed]

Frater v R [Held - where

behaviour blatant
contempt, court need
not strictly detail the actions
to counsel before
punishing him- where
counsel wouldnt sit down
when instructed by judge
to do so]

Improper Conduct
in the face of the
Court
Attacking Judge's
Integrity or impartiality
using offensive language
to the court
Acting in violent manner
Re Johnson [Solicitor
imprisoned for assaulting
opposing counsel
with abusive expressions
and gestures on the way
from the Judge room]

Scandalizing the Court

Balogh v St. Albans

Solicitor should be
told clearly what conduct
to contempt and get
opportunity to show why he
shouldnt be punished

Examples of Contempt

Contempt

Consequence
Court's power to punish
for contempt is the power to
protect its own integrity
- separate
from inherent power to
punish professional
misconduct
Invoke summary
power of committal
Impose a fine
Grant an injunction
where contempt is
anticipated

Acts or writings
calculated to bring
judge or court into
disrepute or
to interfere with
the course of justice
incl. abusive letters
to officials
Must be evidence that
object is to
interfere with course of
justice or bring court/judge
into disrepute
Ambard v AG for TT
[Privy council - Lord
Atkin "Justice is not a cloistered
virtue, ...must be open to
criticism by ordinary men" held no evidence
that article written to interfere
with course of justice]

Weston v CCC Administrator

[Where offensive letter by attorney
to official was discourteous
but not contempt since didnt
interfere with course of justice remedy was to report to Law
Society]

Non Attendance of
Attorney At Court
Izoura v R
[PC held not every
act of discourtesy to court
amounted to contempt even
where breach of duty to
client not necessarily
contempt - solictor
was absent from court]