HM Attorney General v Scarth

HM Attorney General v Scarth

The defendant deliberately and repeatedly contravened section 9(1)(a) and (b) of the Contempt of Court Act 1981 by recording and publishing court proceedings without leave. No medical evidence or undertaking was provided to mitigate the public interest in prosecution. The findings of contempt are made and committal orders imposed, suspended for twelve months.

Parties
Claimant: Her Majesty's Attorney General; Defendant: Norman Scarth
Jurisdiction
England and Wales
Judgment Date
23 January 2013
Procedural Posture
Contempt of Court Application / Judgment
Outcome
Findings of contempt; committal orders imposed, suspended for twelve months.
Legal Topics
Recording Court Proceedings, Publication of Court Proceedings, Mental Health and Criminal Responsibility
Criminal Law Contempt of Court Recording Court Proceedings Publication of Court Proceedings Mental Health and Criminal Responsibility

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Norman Scarth

Defendant

Procedural Posture

Contempt of Court Application / Judgment

Legal Issues

  1. 1 Whether the defendant committed contempt of court by recording proceedings without leave contrary to section 9(1)(a) of the Contempt of Court Act 1981
  2. 2 Whether the defendant committed contempt of court by publishing a recording of legal proceedings contrary to section 9(1)(b) of the Contempt of Court Act 1981

Ratio Decidendi

The defendant deliberately and repeatedly contravened section 9(1)(a) and (b) of the Contempt of Court Act 1981 by recording and publishing court proceedings without leave. No medical evidence or undertaking was provided to mitigate the public interest in prosecution. The findings of contempt are made and committal orders imposed, suspended for twelve months.

Court Disposition

Findings of contempt; committal orders imposed, suspended for twelve months.

Orders

  • Committal on each of two counts for 28 days, to run concurrently, suspended for twelve months.