Skip to main content

Secret Jailings for Contempt of Court to come to an end

This is a copy of the new rules in respect of jailings for contempt of court. There are two key elements that are new:
a) That all hearings will be listed, so that people know they are happening and,
b) That a public judgment will be published on Bailii.

b) particularly is the key element although a) is important. b) is what was in my private members bill Section 8 (2).

Result!

This is a clear victory for the Justice for Families - secret prisoners campaign - where with the assistance of the Daily Mail the rules have been made workable and more accountable. It remains important, however, that we keep an eye on the system to make sure it is following the rules. (which it wasn't in the past)

There are, of course, the issues of a single social worker being able to imprison someone through the court of protection. That I will come to later. I will also keep an eye on the court to make sure that the rules are followed. What is important about this practice direction is that it makes it clear that this includes suspended sentences.

What is also important is to see the judgments being published for recent commitals (say in the past 5 years).

There is also a question as to where the National Council for Civil Liberties (Liberty) were on this. I have asked them for support, but they refused to support my criticism of secret jailings.

Comments

Jerry said…
""3. The Court of Protection and, when the application arises out of proceedings
relating to a child, the Family Division, is vested with a discretionary power to
hear a committal application in private. This discretion should be exercised only
in exceptional cases where it is necessary in the interests of justice. The fact that
the committal application is being made in the Court of Protection or in the
Family Division in proceedings relating to a child does not of itself justify the
application being heard in private. Moreover the fact that the hearing of the
committal application may involve the disclosure of material which ought not to
be published does not of itself justify hearing the application in private if such
publication can be restrained by an appropriate order. ""

This point is useless, "Only in Exceptional Circumstances" how many times do we hear these words day in day out,

It still allows a judge to what they want using the above clause.

Its the same as when Judgments are given out regarding family matters, they are due under Art. 6 to be read in public, its been a very very long time since a member of the public was in a court room hearing a passing of a judgment.

Point 5, again allows the Judge under discretion to hear in closed courts, this does go someway to address the issues but using words like "Discretion" "Exceptional" "Public" then nothing has really changed,

I have an Appeal hearing in next few days where the Local Authority tried to Jail a mother for contempt however the judge hearing that case dismissed the case brought by the Local Authority,

I think the best solution to address these secret jailing of people is to have the case heard in a criminal court, I have been on the receiving end of these tactics previously, if I did not have my wits about me then I would probably be in Jail,

Nice attempt by Lord Judge they just need to put a bit more meat on the sandwich
Daisy said…
Hi I am at Newcastle Crown Court on the 13th May for committal for breaching an injunction for posting on facebook, twitter, media sites etc....

For telling the truth !!

Anna Kornas
Allen said…
There is plenty of Case Law that highlights how committal proceedings should be conducted. This should never have happened (and there was no need for new 'rules') but it is yet another example of an arrogant judge overstepping his remit because someone disobeyed him.
Jake Maverick said…
um Shami Chakrabarti? you reckon she wd help, seriously? i know it's all part of the games you like to play, but i wonder if you will publish these three simple facts about that woman

1. she came into that 'job' on the 10th September 2001 from the HOME OFFICE
2. surely if not before since ACCEPTING that kinighthood from that govt her position has become entirely untenable and has done for years...
3. she only ever at best gives lip service to issues involved (that's why she got he knighthood?) and at worse needlessly provokes/ inflames situations...bringing the pig metaphor (what was wrong with the original cake?) into it for one example...

why is it none of the so called HR organisations even acknowledge abuses conducted in or by the British/ US? it doesn't take more than two brain cells to work out...

Popular posts from this blog

Standards Board and Ken Livingstone

The link is to the case where Ken Livingstone appealed the decision of the Adjudication Panel for England.

The Standards Board and associated Adjudication Panel have done a lot of damage to democracy in the UK. The courts are, however, bringing them into more sanity.

The point about Ken Livingstone's case is that it was high profile and he also could afford to appeal. The Standard Board has a problem in that those subject to its enquiries face substantial costs that they cannot claim back.

This is an issue that needs further work.

In essence the Judge found that what he said brought him into disrepute, but not the office of Mayor. We do need the machinery of the SBE and APE to concentrate on things that matter rather than people being rude to each other.

Problems with Outlook Express - emails lost dbx corruption

In the light of the enthusiasm shown for my post relating to the OCX control that must not be named (and probably Microsoft's most embarrassing error of recent years) I thought I would write someting about Outlook Express.

Outlook Express is the email client that comes as part of windows. I use it myself, although I have my emails filtered through a spam filter of my own devising written in java. It takes email off a number of servers using POP3 (Post Office Protocol TCP Port 110) and sends it using SMTP (Simple Mail Transfer Protocol port 25).

I have recently spent a few hours dealing with the problem that arises when .dbx files get corrupted during compacting.

Outlook Express (OE) stores the emails (and other things) in files with the suffix .dbx. Each folder has its own .dbx file. They are stored in hidden directories. This makes it harder to deal with things when OE goes wrong.

It is very important to back up your stored *.dbx files as otherwise if you have a disk crash/stol…

Statement re False Allegations Campaign

Many people will know that my family and I have been subject to a campaign of false allegations by Esther Baker for the past 4 1/2 years. Yesterday there was a court judgment Baker v Hemming [2019] EWHC 2950 (QB) which formally confirmed that the allegations were false. Esther Baker, who had brought a libel claim against me, dropped her defence of Truth to my counter-claim and was taken by the judge as no longer trying to prove her allegations. Due to Baker's various breaches of court rules and orders, she has been barred from further repeating her allegations even in the court proceedings. Further claim of mine in libel against Baker are ongoing. There is a good summary in the Daily Mail here.

This demonstrates the challenge in fighting false allegations in today's Britain. A substantial campaign was built up to promote allegations which had no substance to them. Various Labour MPs and in pa…