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Vol 23 No 6 June/July 2018

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Data protection handbook
This book is now Out of Print.
A new edition has been published, the details can be seen here:
Miller on Contempt of Court 4th ed isbn 9780198793465

Contempt of Court 3rd ed

ISBN13: 9780198256977
ISBN: 0198256973
New Edition ISBN: 9780198793465
Previous Edition ISBN: 0198254784
Published: January 2001
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

Contempt of court has been aptly described as the Proteus of the legal world, assuming an almost infinite diversity of forms.

Its central concern is to protect the administration of justice in criminal and civil cases, addressing, for example, the perennial conflict between the requirements of a fair and unprejudiced trial and those from freedom of expression. It is also concerned to protect witnesses from being victimized and courts from being subjected to destructive criticism in the press, or disruptive conduct during their proceedings.

Similarly, it provides the ultimate sanction to secure the enforcement of court orders. A further major clash of interests is between the demands of 'open justice' and the numerous restrictions on reporting which now exist, for example to confer anonymity on children and on complainants in sexual cases and on other vulnerable witnesses. These are discussed in detail, particularly in the light of the changes associated with the Youth Justice and Criminal Evidence Act 1999.

This new and considerably expanded version of Professor Miller's classic work on the subject has been written against the background of the Human Rights Act 1998 and the ever-increasing importance of the European Convention of Human Rights.

The compatibility (or otherwise) of existing law with 'Convention rights' is discussed in detail in the light of the decisions of the European Court of Human Rights, many of which are not as inimical to the values traditionally advanced by the law of contempt as is sometimes assumed. Full discussion of the many changes in English law is accompanied by references to developments in such jurisdictions as Australia, New Zealand, Canada and, to a lesser extent, the United States of America.

In particular the Canadian Charter of Rights and Freedoms has long since required Canadian courts to grapple with issues which are now confronting their United Kingdom counterparts. It is to be expected that such developments will increasingly be taken into account when reassessing our own law of contempt.

  • Incorporates full analysis of the impact of the Human Rights Act, including discussion of the relevant case-law under the European Convention on Human Rights
  • Includes detailed coverage of the impact of the Youth Justice and Criminal Evidence Act, which is due to come into force in the first half of 2000
  • Revised and considerably expanded over the second edition, and up to date to November 1999
  • Comprehensive and analytical coverage of major developments in UK, European Court of Human Rights and Commonwealth case-law

Courts and Procedure
Table of Cases
Table of Statutes
1. Introduction
2. Criminal and Civil Contempt of Court
3. Procedure and Jurisdiction in Cases of Criminal Contempt
4. Contempt in the Face of the Court
5. Contempt through Interfering with Particular Legal Proceedings: Some General Considerations
6. The Period during which Proceedings are Sub-Judice or Active
7. Contempt in Relation to Particular Criminal Proceedings
8. Contempt in Relation to Particular Civil Proceedings and Proceedings in Tribunals
9. The Sub-Judice Rule: Mens Rea and the Scope of Responsibility
10. Open Justice: Publicizing Judicial Proceedings
11. Victimization of Jurors, Witnesses, and Other Persons After the Conclusion of Proceedings
12. Scandalizing a Court or Judge
13. Further Miscellaneous Categories of Contempt
14. Civil Contempt of Court