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Contempt of court – Committal. The claimants had applied to commit the first defendant to prison for contempt of court. The application was heard at the same time as the trial of the main action and the defendant was unrepresented. The judge rejected the allegations of contempt advanced by the claimants, but found two other contempts proved. The defendant was sentenced to a term of imprisonment. The Court of Appeal, Civil Division, held that the judge's decision could not stand where the defendant had not been informed, prior to judgment, of the allegations of contempt which had been found proved, he had not been told of his right not to give evidence, nor had he known of his entitlement to legal aid. The court reiterated its concerns regarding the quality and length of some skeleton arguments.
Contempt of court – Committal. The claimants had applied to commit the first defendant to prison for contempt of court. The application was heard at the same time as the trial of the main action and the defendant was unrepresented. The judge rejected the allegations of contempt advanced by the claimants, but found two other contempts proved. The defendant was sentenced to a term of imprisonment. The Court of Appeal, Civil Division, held that the judge's decision could not stand where the defendant had not been informed, prior to judgment, of the allegations of contempt which had been found proved, he had not been told of his right not to give evidence, nor had he known of his entitlement to legal aid. The court reiterated its concerns regarding the quality and length of some skeleton arguments.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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