Law Commission Unveils Major Reforms for UK Contempt of Court Laws

New Framework for Justice System Clarity

The Law Commission has today, November 18, 2025, released the first part of its comprehensive report recommending a new framework to modernise the United Kingdom's contempt of court laws. These significant proposals aim to create a legal landscape that is easier to understand, fairer, and more effective in protecting the administration of justice. The reforms seek to provide clearer powers for courts and ensure a more consistent application of the law across England and Wales.

Addressing Outdated and Fragmented Legislation

For centuries, the law of contempt of court has developed in an unsystematic and often piecemeal fashion, leading to a regime described as 'disordered and unclear'. A primary concern highlighted by the Law Commission is the 'confusing distinction' between civil and criminal contempt, which has contributed to inconsistencies and a lack of coherence. Furthermore, the existing laws have 'struggled to keep pace' with the rapid advancements in online communications and social media, creating challenges for the justice system in the digital age.

Key Proposals for Modernisation

The new framework proposes to abolish the distinction between civil and criminal contempt, introducing a simplified structure with distinct categories of contempt. These include:

• General contempt: Covering conduct that interferes with the administration of justice to a non-trivial degree.
• Contempt by breach of order or undertaking: Pertaining to the deliberate violation of court orders.
• Contempt by publication when proceedings are active: Addressing material published that risks seriously prejudicing a trial.

A crucial change for media and public reporting is the recommendation that criminal proceedings will now be considered 'active' from the point of charge, rather than arrest. This aims to provide greater clarity for publishers. 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 serious prejudice, though each case must be assessed individually.

Enhanced Powers and Sanctions

The recommendations also include expanding the range of sanctions available for contempt, moving beyond traditional imprisonment or fines to incorporate community sentences. These could include conditions such as unpaid work, curfews, or treatment requirements. The proposals also seek to empower certain tribunals to deal with contempt, thereby enhancing their ability to control proceedings effectively. The Attorney General will retain powers to initiate contempt proceedings in the public interest. The Law Commission's review follows a public consultation that closed in November 2024, which received over 130 responses, and a supplementary consultation in March 2025, prompted by events such as the Southport murders in July 2024, which highlighted the need for clarity in reporting.

Outlook for a Fairer Justice System

Professor Penney Lewis, Commissioner for Criminal Law, stated that the reforms aim to 'modernise the law whilst balancing the right to a fair trial with freedom of expression and the effective administration of justice'. The Law Commission estimates that over 100 people receive prison sentences each year for contempt of court, underscoring the need for a clearer and more consistent legal framework. The second part of the report, which will address remaining issues including powers, procedure, sanctions, costs, and appeals, is anticipated in 2026.