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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
European Journal of Crime, Criminal Law and Criminal Justice – Brill
Published: Jan 1, 2005
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