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England and Wales Case Law

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Criminal law

Rajiv Menon KC (Contempt Proceedings Against), Re

The Court of Appeal held that the Administrative Court and Divisional Court lacked jurisdiction to entertain a Crown Court contempt reference without an Attorney General application.

  • Jurisdiction of high court
  • Contempt in the face of the court
  • Attorney general's role
  • Summary procedure for contempt
  • Referral procedures
  • Contempt-of-court
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Criminal law [2009] EWCA Crim 2308

Phelps, R v

Phelps, R v [2009] EWCA Crim 2308 (15 October 2009)

The Court of Appeal reduced a contempt sentence from 24 to 21 months, holding the judge should have allowed time for reflection, mitigation, and apology before sentencing.

  • Summary procedure for contempt
  • Sentencing for contempt
  • Right to mitigation and apology
  • Variation of sentence
  • Powers of crown court
  • Contempt-of-court
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Criminal law

Phelps, R v

The Court of Appeal reduced Steven Stanley Phelps’ contempt sentence from 24 months to 21 months after violent courtroom conduct, noting the judge should have allowed reflection and mitigation.

  • Summary procedure for contempt
  • Sentencing for contempt
  • Right to mitigation and apology
  • Variation of sentence
  • Contempt-of-court
  • Criminal-sentencing
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.