What is Contempt of Court?

Contempt of Court involves openly challenging the authority of the court, either by disrupting proceedings through unruly behavior during a hearing or by refusing to comply with a court summons. For instance, violating a court order could lead to a Contempt of Court charge.

To substantiate a Contempt of Court charge, the police must demonstrate beyond a reasonable doubt that:

1. The behavior constituting contempt occurred during court proceedings.
2. The behavior interfered with the administration of justice.

It is crucial to note that establishing an intention to disrupt court proceedings is not a requirement. The only requirement is an intention to commit the acts leading to Contempt of Court.

Penalties for Contempt of Court

The maximum penalty for Contempt of Court is 1-month imprisonment but may result in a fine only.

Defenses to a Contempt of Court charge

It serves as a defense if your actions leading to Contempt of Court were not intentional. For instance, you may assert that you did not intend to violate the court’s orders. Similarly, you can argue that you were not the one who disrupted proceedings or was obligated to appear in court; it was someone else. Additionally, you have the option to argue that your charge resulted from a mistake.

What is Perjury?

Perjury constitutes an offense involving the deliberate presentation of false evidence to the court, encompassing actions like providing inaccurate statements or submitting false documents. Additionally, a charge of Perjury can be brought forth if a false statement is made to a Police Officer, such as providing a false Police report.

There are three essential elements that the Police must convincingly establish beyond a reasonable doubt for statutory Perjury:

1. The making of a false statement regarding a fact, matter, or thing to the Court.
2. Knowledge that the statement was false or incorrect.
3. The statement was made under oath or in prohibited circumstances.

For a common law perjury charge, the Police must demonstrate, beyond a reasonable doubt, that:

1. A false statement was made to the Court.
2. The statement was made under oath.
3. The statement was presented to the Court while in session.
4. The statement was pivotal to the determination of the proceeding.
5. The individual making the statement knew it was false.

Penalties for Perjury

The maximum penalty for Perjury is 15 years imprisonment.

Defenses for a Perjury Charge

If at the time you made statements to the Court, you genuinely and reasonably believed in their truthfulness, you can present this belief as a defense against your Perjury charge. Additionally, you can assert that your intention was not to mislead the Court or that your statements were not made under oath. Similar defenses apply to a Common law Perjury charge, with the added option to argue that the false statements were not material to the judicial proceedings.

Another possible defense is to raise a factual dispute related to the charge.

Perjury and Contempt of Court charges are intricate. It is advisable to consult with an experienced legal practitioner promptly if you are facing an interview regarding these offenses. This will ensure that you receive appropriate advice tailored to the specific circumstances of your case.