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Appeal against a finding of contempt of court and resultant sentence of imprisonment imposed following a breach of that contempt.
Application to enforce a custodial sentence for contempt of court where the contemnor admits breaching the order. Tia Bench is the mother of YY, a vulnerable adult who, it is agreed, lacks capacity to make decisions about contact. She had been made subject to a committal order for improperly visiting YY with 14 days terms of imprisonment suspended for 12 months. Within a month, she breached the order and did so on another occasion, admitting as much in evidence at this hearing.
HHJ Searle declines to enforce the order immediately, partly as it appears to her the contemnor has been trying to turn a new leaf, and so gives her the benefit of the doubt. Instead the judge re-sentences the contemnor to 21 days suspended for a further 12 months Read the judgment on Bailii Judgment concerning whether Ms Macpherson has capacity to conduct an appeal and had capacity during contempt proceedings
Appeal arising from contempt proceedings where the appellant, the mother of P, has been sentenced to a custodial sentence but had fled to France.
Related judgments concerning contempt of court application and subsequent committal application
Esper v NHS NW London ICB (Appeal: Anonymity in Committal Proceedings), Re [2023] EWCOP 2919/7/2023
Application for permission to appeal, with appeal to follow, relating to transparency in committal proceedings.
Appeal against a committal order where the appellant had admitted breaching orders made preventing her from recording or videoing her daughter.
Contempt of court hearing arising from the defendant’s breaches of orders relating to contact with her daughter, FP, who is living in a placement having been diagnosed with schizophrenia, a diagnosis the mother does not agree with. The judgment also deals with press reporting of the proceedings.
Application by the P acting through her litigation friend the Official Solicitor for an order committing a relative of the P, Ms Griffith, to prison for contempt arising out of her alleged interference with the due administration of justice. Ms Griffith was sentenced to 12 months imprisonment.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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