In contempt of Court
Anyone, whether a party in a proceeding, witness or onlooker, who is willfully disobedient to the court or who wantonly and excessively disrupts the normal process of a court may be said to be âin contempt of courtâ. {{more}}The person who is guilty of any of the above mentioned acts is regarded as a contemnor. The judge has the power to impose sanctions on a contemnor who insults the dignity of the court. Sanctions may either be in the form of imprisonment or a fine. Contempt may either be criminal or civil in form.
Contempt in the Criminal Court
Contempt in a criminal court is a serious offence. Contempt is regarded as being âin the face of the courtâ as it happens where the contemnor obstructs or interferes with the proper functioning of the court, for example where he shouts or insults the judge or assaults officers of the court within the court..
It may be useful here to show how a person could be in contempt of court. If a juror misbehaves in a way as to lower the dignity of the Court, he or she may be cited by the judge for contempt. A witness who refuses to be sworn or to answer a question put to him/her by an examining counsel or the judge could be in contempt of court. A lawyer may represent his client aggressively but he cannot indulge in outrageous behavior otherwise he may have to give account of his behavior in contempt proceedings. The taking of photographs in court is not allowed and anyone who insists on doing so would have to answer accordingly. However, video cameras may be used on special occasions only with the consent of the judge. As mentioned last week, any publication which is likely to prejudice a fair trial could lead to contempt proceedings against the person such as editors, publishers, printers, distributors and reporters in certain cases.
Contempt âin the face of the courtâ is not restricted to inside the courtroom. A person who commits acts or says words out of the earshot of the judge on the compound or in the precincts of the court is guilty of contempt in the face of the court.
Contempt in Civil Court
Contempt of court in a civil matter may occur where a person defies or disobeys a court order or judgment. A court order is the result of the deliberation of the judge in a disputed matter and disobedience to an order will obviously lead to a diminution in the authority of the court. Contempt proceedings is one form of protecting the authority of the court.
Civil contempt is an indirect form of contempt and evidence would have to be heard in court in order to find guilt. It is the standard practice and considered doctrine that the contemnor is dealt with by the court that is insulted.
⢠Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com
Facebook
