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Contempt in the Face of the Court and the Right to a Fair Trial

Contempt in the Face of the Court and the Right to a Fair Trial European Journal of Crime, Criminal Law and Criminal Justice, Vol. 13/3, 401–412, 2005 © Koninklijke Brill NV. Printed in the Netherlands. Achilles C. Emilianides 1 Contempt in the Face of the Court and the Right to a Fair Trial The Implications of Kyprianou v. Cyprus 1. INTRoDuCTIoN Contempt of court is an act or omission, which interferes with the due administration of justice. 2 As such, contempt is a criminal offence; even more so, it is a sui generis criminal offence. Not only is the power of contempt, one of uncertain scope, unlike any other criminal offence, but it is also exercised according to a summary procedure, which is unknown to United Kingdom’s law. Furthermore, the power of contempt is regarded to be an inherent power of the courts; a power, which is founded upon immemorial usage. It could thus be accepted, that the offence of contempt and all the peculiarities associated with it, are ‘ as ancient as any part of common law ’, since it has probably existed in English law since the twelfth century. 4 Despite this fact, the law of contempt is no longer as untouchable as it once was; the influence of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

Contempt in the Face of the Court and the Right to a Fair Trial

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Publisher
Brill
Copyright
© 2005 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
DOI
10.1163/1571817054604146
Publisher site
See Article on Publisher Site

Abstract

European Journal of Crime, Criminal Law and Criminal Justice, Vol. 13/3, 401–412, 2005 © Koninklijke Brill NV. Printed in the Netherlands. Achilles C. Emilianides 1 Contempt in the Face of the Court and the Right to a Fair Trial The Implications of Kyprianou v. Cyprus 1. INTRoDuCTIoN Contempt of court is an act or omission, which interferes with the due administration of justice. 2 As such, contempt is a criminal offence; even more so, it is a sui generis criminal offence. Not only is the power of contempt, one of uncertain scope, unlike any other criminal offence, but it is also exercised according to a summary procedure, which is unknown to United Kingdom’s law. Furthermore, the power of contempt is regarded to be an inherent power of the courts; a power, which is founded upon immemorial usage. It could thus be accepted, that the offence of contempt and all the peculiarities associated with it, are ‘ as ancient as any part of common law ’, since it has probably existed in English law since the twelfth century. 4 Despite this fact, the law of contempt is no longer as untouchable as it once was; the influence of the

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 2005

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