Thompson v Mitchell [2004] EWCA Civ 1271 (23 August 2004)

Thompson v Mitchell [2004] EWCA Civ 1271 (23 August 2004)

The court has no power to make a sentencing order for contempt of court that overrides the early release provisions of the Criminal Justice Act 1991; the order specifying imprisonment until a fixed date was unlawful and must be amended to state a fixed term only.

Citation
[2004] EWCA Civ 1271
Parties
Claimant/respondent: Emma Louise Thompson; Respondent/applicant: Steven Mitchell; Amicus Curiae: Attorney General
Jurisdiction
England and Wales
Judgment Date
23 August 2004
Procedural Posture
Appeal (civil) / Appeal Against Committal Order for Contempt of Court
Outcome
Appeal allowed
Legal Topics
Contempt of Court, Sentencing, Early Release Provisions
Civil Procedure Family Law Criminal Law Contempt of Court Sentencing Early Release Provisions

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Parties

Emma Louise Thompson

Claimant/respondent

Steven Mitchell

Respondent/applicant

Attorney General

Amicus Curiae

Procedural Posture

Appeal (civil) / Appeal Against Committal Order for Contempt of Court

Legal Issues

  1. 1 Whether a judge has jurisdiction to order that a contemnor be imprisoned until a specified date, overriding statutory early release provisions

Ratio Decidendi

The court has no power to make a sentencing order for contempt of court that overrides the early release provisions of the Criminal Justice Act 1991; the order specifying imprisonment until a fixed date was unlawful and must be amended to state a fixed term only.

Court Disposition

Appeal allowed

Orders

  • Order of 2nd June amended to delete 'namely until 16 September 2004'; order to read 'committed for a total period of 128 days to Nottingham Prison'
  • Revised order of 23rd July 2004 discharged