Law Commission Unveils Modernised Contempt of Court Framework for UK

Sweeping Reforms Proposed for Contempt of Court Laws

The Law Commission has today, November 18, 2025, unveiled its comprehensive recommendations for a modernised framework governing contempt of court laws across the United Kingdom. The proposals aim to provide clearer powers for courts and ensure a more consistent application of justice, particularly in an era shaped by online communications and social media.

The existing contempt laws have been described as 'disorganised and, at times, incoherent,' struggling to keep pace with technological advancements and the proliferation of social media. A key issue identified was the confusing distinction between 'civil contempt' and 'criminal contempt'.

New Framework Introduces Four Distinct Categories

Central to the Law Commission's recommendations is the creation of four distinct categories of contempt, replacing the previous, often unclear, distinctions. These categories are designed to provide a more structured approach to addressing conduct that interferes with the administration of justice.

• General contempt: This covers conduct that creates a substantial risk of non-trivial interference with the administration of justice or actual non-trivial interference, where there is an intention to interfere or recklessness.
• Contempt by breach of court orders or undertakings: This applies to deliberate breaches where the individual knew the facts rendering their conduct unlawful.
• Contempt by publication while proceedings are active: This addresses publications that pose a substantial risk of seriously impeding or prejudicing proceedings, where the publisher or distributor acted recklessly.
• The framework also covers actions that disrupt proceedings or deliberately interfere with the administration of justice.

Professor Penney Lewis, the Commissioner for Criminal Law, emphasised the importance of these reforms, stating: 'Our recommendations modernise the law whilst balancing the right to a fair trial with freedom of expression and the effective administration of justice.'

Clarifying 'Active' Proceedings and Media Reporting

A significant change proposed is the definition of when criminal proceedings are considered 'active'. Under the new framework, proceedings will be deemed active from the point of charge rather than arrest. This aims to offer greater clarity for publishers and the media when reporting on criminal cases, while still protecting defendants' fair trial rights.

The Commission also clarified that publishing details such as a suspect's name, age, nationality, ethnicity, religion, or immigration status 'will generally not create risk' of contempt, though the specific circumstances of each case remain crucial. This aspect of the review was partly prompted by concerns raised following events like the Southport attacks in July 2024, which highlighted the challenges of managing information in the age of social media.

Expanded Powers and Sentencing Options

The recommendations also include extending contempt protection and powers to tribunals, many of which currently lack the necessary authority to address disruptive conduct or breaches of orders.

Regarding sanctions, the maximum sentence of two years imprisonment for contempt is retained. However, the Commission is seeking views on whether imprisonment should be removed as an option in cases where freedom of expression is involved and the defendant's culpability is lower. Furthermore, sentencing options are set to expand to include community orders, such as unpaid work or drug and alcohol treatment.

For the first time, decisions by the Attorney General to bring or not to bring contempt proceedings will be subject to judicial review, enhancing accountability.

This report, representing Part 1 of the Law Commission's findings, is now published, with Part 2 expected in 2026.