Facing contempt of court allegations is frightening, because the consequences can include immediate imprisonment. Woolfe & Co Solicitors are specialist defence lawyers who represent clients in contempt of court proceedings in the Magistrates' Court, the Crown Court and the High Court. Our solicitors deal with breach of court orders, breach of undertakings, disruptive behaviour in court, and allegations of interfering with the administration of justice. If you have been told to attend court to answer a contempt allegation, or you have already been committed to prison, our criminal defence lawyers can act quickly. We are available 24/7 for urgent legal advice across England and Wales.
Contempt of court is not a single offence with one fixed penalty. It is a broad area of law that covers anything done to interfere with the proper administration of justice. That is why the outcome of a contempt allegation depends heavily on the type of contempt, the court hearing it, and how the allegation is presented. The summary below explains the essentials that our solicitors and lawyers assess in every case.
If a contempt allegation has been made against you, or someone has told you a committal application is being issued, speak to a solicitor before the next hearing. Call our criminal defence team on 01582 380938 at any hour, and we will explain your position in plain English.
Contempt of court is conduct that undermines, or is likely to undermine, the authority and proper functioning of a court. It is not defined in a single statute. Instead, the law has developed through the common law and through statutes such as the Contempt of Court Act 1981, together with the procedural rules in the Criminal Procedure Rules and the Family Procedure Rules. Our solicitors treat each allegation as unique because the same conduct can be treated very differently depending on the court and the context.
In practice, contempt covers two broad categories. Criminal contempt is conduct that interferes with justice itself, such as breaching an injunction, disobeying an order made in criminal proceedings, threatening a witness, or behaving in a way that disrupts a trial. Civil contempt is usually a failure to comply with an order or undertaking made in civil or family proceedings. Both can lead to a committal hearing, and both can result in a prison sentence. A criminal defence lawyer who understands the difference will know which arguments are available to you.
The prosecution, or the party bringing the committal application, must satisfy the court to the criminal standard, which means beyond reasonable doubt. The table below sets out the elements that are usually in dispute.
| Element | What it means | How we challenge it |
|---|---|---|
| A valid order or duty | An injunction, undertaking, bail condition, or court order must be in force and clear. | We examine whether the order was properly served and whether its terms were unambiguous. |
| Knowledge of the order | You must have known about the order, or been served with it in the correct way. | We test the evidence of service and any delay in notifying you of the order. |
| Breach or interference | Your conduct must have broken the order or interfered with the administration of justice. | We scrutinise the factual evidence, including body worn video, witness statements and phone records. |
| Intention or culpability | For criminal contempt, the court looks at whether the conduct was deliberate and wilful. | We put forward explanations such as mental health, learning disability, capacity or genuine misunderstanding. |
| Standard of proof | The court must be satisfied beyond reasonable doubt for criminal contempt. | We hold the applicant to the proper standard and challenge weak or hearsay evidence. |
Contempt is not limited to behaviour inside a courtroom. The list below shows the situations our solicitors and lawyers are instructed on most often.
Non-molestation orders, occupation orders, and civil injunctions are common sources of committal applications.
A promise made to a court is binding. Breaking it can be treated in the same way as breaking an order.
Refusing to leave, shouting, recording hearings, or refusing to answer questions can all be contempt in the face of the court.
Threatening, pressuring or contacting a witness or juror is a serious form of contempt, as is revealing jury deliberations.
Posting about an active case on social media can create a substantial risk of serious prejudice under the 1981 Act.
Ignoring disclosure, non-molestation or financial orders can lead to enforcement and committal.
Contempt allegations frequently overlap with other offences. Our solicitors defend clients across all of them, so you only need one legal team.
You can also read our full guide to court process offences cases solicitors to understand how these allegations fit together.
The sentence for contempt of court depends on the type of contempt, the court dealing with it, and how serious the conduct is. Because contempt is not subject to the Sentencing Council guidelines in the same way as criminal offences, the judge or bench has a wide discretion. Our solicitors prepare carefully for the sentencing stage, because strong mitigation often makes the difference between a custodial sentence and a suspended order or fine.
| Type of contempt | Court | Maximum penalty |
|---|---|---|
| Common law contempt | Senior Courts, including the High Court and Crown Court | 2 years' imprisonment, an unlimited fine, or both |
| Criminal contempt | Magistrates' Court | Up to 1 month's imprisonment and a fine of up to £2,500 |
| Contempt in the face of the court | The court before which it occurs | Immediate sanctions, from warnings to custody |
| Civil contempt, including breach of an injunction | County Court, Family Court or High Court | 2 years' imprisonment, sequestration of assets, or an unlimited fine |
| Breach of an undertaking given to the court | As above | Treated in the same way as a breach of an order |
| Publishing information creating a substantial risk of serious prejudice | Crown Court or High Court | Fine under section 2 of the Contempt of Court Act 1981 |
Courts look closely at culpability and harm. Our lawyers identify the factors that help you rather than harm you, and address the ones that do not.
In our experience, the cases that go wrong for clients are rarely the ones with the worst facts. They are the ones where nobody explained the order properly, and the client turned up to a committal hearing without representation. Court orders are written for lawyers, not for the people they bind, and a single sentence can change everything. When we take on a contempt case, we read the order line by line, check how it was served, and prepare for the hearing as though it were a criminal trial, because for practical purposes it is.
Senior Criminal Defence Solicitor, Woolfe & Co Solicitors
There is no single defence to contempt of court. Instead, our solicitors build a defence around the weaknesses in the allegation. Because the applicant must prove the case to the criminal standard, we look first at whether the legal foundations are sound. If the order was not properly served, if its wording was ambiguous, or if the evidence of breach is unreliable, the application can fail before the court ever reaches the question of what should happen to you.
Where the facts are not seriously in dispute, the focus shifts to culpability and context. A court is far less likely to commit a person to prison where the breach grew out of a genuine misunderstanding, a fluctuating mental health condition, or circumstances beyond the person's control. Our lawyers gather medical evidence, witness statements and character references, and present them in a way the court can act on.
An order must be clear and must be served properly before it can be enforced. Ambiguity is a strong point in your favour.
Depression, anxiety, autism, ADHD and learning difficulties can reduce culpability and make imprisonment disproportionate.
Hearsay, gaps in records and inconsistencies between witnesses can defeat an application at the first hurdle.
For criminal contempt, the court must be satisfied the conduct was deliberate and not merely accidental.
Swift compliance after a breach, together with a genuine apology, carries real weight at sentencing.
We argue for a suspended committal, a fine or a varied order where custody would be disproportionate.
Do not contact the person who brought the application, and do not post about the case on social media. Anything you say or publish can be used against you at the hearing. Discuss the matter only with your solicitor, and make sure any family members or friends supporting you understand that. If you are unsure whether something you have done amounts to a breach, ask before you act.
A contempt hearing can be listed at short notice, so the earlier our lawyers are instructed the better. These are the steps we take from the first call to the final outcome.
We take your account of what has happened, identify the court and the allegation, and tell you what to expect at the next hearing. This can be done by phone, WhatsApp or in person.
Our solicitors request the order, the application, the evidence relied on and any previous orders. We check how the order was served and whether the correct procedure has been followed.
We gather medical records, witness statements and references, and prepare a written skeleton argument setting out why the application should fail or, failing that, why custody is not appropriate.
Our lawyers appear at the hearing, cross-examine witnesses where necessary, make submissions on the law, and address the court on sentence if the allegation is proved.
If a custodial committal is imposed, we can apply for bail pending appeal and advise on an appeal to the Court of Appeal or the High Court, depending on the route available.
Where an order is no longer workable, we apply to vary or discharge it, so you are not exposed to the risk of further committal proceedings.
Legal Aid can be available for criminal contempt proceedings where the matter arises in the criminal courts, and for some committal proceedings where liberty is at risk. Eligibility depends on the type of proceedings, your financial circumstances and the interests of justice test. Our solicitors will assess your position at no cost and explain the funding options in plain terms, including Legal Aid, private funding and fixed fee arrangements where they are suitable. Read more on our fees and Legal Aid page, or our dedicated pages on free Legal Aid criminal defence solicitors and free Legal Aid criminal defence services.
Ask about Legal Aid for your caseOur solicitors answer the questions clients ask most often about contempt of court, committal proceedings and what happens next. If your question is not covered here, call our criminal defence team on 01582 380938 and we will answer it directly.
Contempt of court is any conduct that interferes with the proper administration of justice or undermines the authority of a court. It includes breaching a court order or undertaking, disrupting a hearing, intimidating a witness or juror, and publishing material that creates a substantial risk of serious prejudice to a trial. Because it is not defined in one statute, the exact meaning depends on the type of proceedings.
It depends on the type of contempt. Criminal contempt is treated as a crime because it interferes with the administration of justice, and it is dealt with by the criminal courts. Civil contempt, such as breaking an injunction in a family or civil case, is a breach of a court order rather than a criminal offence, but it can still lead to imprisonment. Our solicitors will confirm which category applies to your case.
For common law contempt, the maximum is 2 years' imprisonment, an unlimited fine, or both. In the Magistrates' Court, criminal contempt carries a maximum of 1 month's imprisonment and a fine of up to £2,500. Civil contempt, such as breaching an injunction, can also attract up to 2 years' imprisonment, together with sequestration of assets or a fine.
Not automatically. A court must be satisfied that the order was valid and properly served, and that you breached it without reasonable excuse. Even where a breach is proved, many clients receive a suspended committal, a fine or a varied order instead of immediate custody. The outcome depends on the nature and number of breaches, the harm caused and your personal mitigation. Strong legal representation at the committal hearing makes a real difference.
Legal Aid can be available for criminal contempt proceedings and for some committal hearings where your liberty is at risk. Eligibility depends on the type of proceedings, a means test and the interests of justice test. Our solicitors will carry out a free assessment and explain whether you qualify, as well as the private funding options available. See our fees and Legal Aid information for more detail.
Committal is the process by which a person is brought before a judge to answer an allegation that they have breached a court order or interfered with justice. If the allegation is proved, the court can commit the person to prison, impose a fine, or make another order such as sequestration. Committal applications are usually heard in the County Court, the Family Court or the High Court, depending on where the original order was made.
Civil contempt is a failure to comply with an order or undertaking made in civil or family proceedings, such as an injunction. Criminal contempt is conduct that interferes with the administration of justice itself, such as disrupting a trial, intimidating a witness or breaching an order made in criminal proceedings. The procedures, the standard of proof and the possible sanctions differ, which is why specialist advice matters.
Yes. Under section 2 of the Contempt of Court Act 1981, publishing material that creates a substantial risk of serious prejudice or impediment to particular proceedings can amount to contempt. This includes social media posts, comments, live streams and photographs taken inside a court building. If you have posted about an active case, speak to a solicitor before you delete anything, as the content may still be evidence.
In many cases, yes. An appeal against a committal order made in the County Court or Family Court usually goes to the High Court, while appeals from the Crown Court in criminal contempt cases are made to the Court of Appeal. An appeal must be brought quickly, so it is important to instruct a solicitor as soon as the decision is made. We can also apply for bail pending the outcome of an appeal.
Read the application carefully, note the date of the hearing and do not ignore it. Ignoring a committal application is one of the worst things you can do. Instruct a solicitor immediately, gather any evidence that supports your position, and do not contact the applicant or discuss the case on social media. If the hearing is imminent, our solicitors can take urgent instructions and attend at short notice.
It can. A witness who refuses without lawful excuse to answer a question, or to produce a document, may be in contempt of court. The same applies to a witness who refuses to be sworn or affirmed. However, there are lawful grounds for refusing, including the privilege against self incrimination. A solicitor should be consulted before the hearing so that any refusal is properly justified.
Because these cases move fast and the stakes are high. Our solicitors are criminal defence specialists, not general practitioners, and we already defend clients facing the offences that sit alongside contempt, including witness intimidation, perjury and perverting the course of justice. That means one coherent defence strategy rather than two or three firms working at odds with each other. We are available 24/7 and we explain everything in plain English.
Contempt proceedings are technical, fast moving and unforgiving of mistakes. You need criminal defence lawyers who understand the procedure as well as the law, and who will be in court with you when it matters.
Solicitors who defend criminal and regulatory matters every day, not a general practice firm dealing with contempt as a side issue.
Committal hearings are often listed at short notice. Our team responds quickly, including evenings and weekends.
We read the order, the application and the evidence line by line, because the weakest point in a committal application is often procedural.
Honest guidance on Legal Aid and private funding, so you understand the cost and your options before the hearing.
If you are facing contempt of court allegations, or a committal application has been issued against you, do not wait for the hearing date. Woolfe & Co Solicitors provide urgent legal advice and representation across England and Wales, 24 hours a day. Our criminal defence lawyers will explain the allegation, assess your options and stand beside you in court.
Woolfe & Co Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority. We act for clients facing contempt of court allegations in the Magistrates' Court, Crown Court, High Court and Family Court across England and Wales.