Lord Denning

in The Due Process of Law

Published in print January 1980 | ISBN: 9780406176080
Published online March 2012 | e-ISBN: 9780191705113 | DOI:

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The process of contempt of court is designed to secure that every person has a fair trial. It is a procedure by which the court condemns any conduct which tends to prejudice a fair trial. The present tendency is to say that the process should be left in the hands of the Attorney-General: that he is the person who should decide whether it should be invóked or not. It is no doubt proper for any complaint to be laid before the Attorney-General so that he may, if he thinks fit, institute proceedings for contempt. But it should not be exclusively in his hands. Some cases wear a political complexion. The Attorney-General may be reluctant to take proceedings for fear of repercussions affecting his party. So the courts should be able to take steps at the instance of anyone who has a sufficient interest in the matter.

Keywords: contempt; court; fair trial; Attorney-General; proceedings

Chapter.  329 words. 

Subjects: Constitutional and Administrative Law

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