New research from Leeds Beckett lecturer may influence contempt of court law overhaul

The Law Commission, a government body that reviews and recommends legal reforms is currently examining contempt of court laws. Dr John McGarry, a senior lecturer in law at Leeds Law School, Leeds Beckett University, has been cited extensively in this review following his research into political and constitutional concerns around the existing contempt of court laws.

In Dr McGarry's research article, he explores the potential conflict of interest that arises when the Attorney General, themselves a political figure, holds the power to decide whether to prosecute contempt cases involving other politicians. Referenced 23 times in the Law Commission consultation paper, Dr McGarry's research is now shaping the discussion on potential changes to the law, particularly regarding the role of the Attorney General.

Contempt of court laws are designed to protect the integrity of the legal process. Disrupting court proceedings, disregarding a court order, or publishing material (including social media posts) that could prejudice a trial can all lead to contempt charges. The offence is serious, carrying penalties of up to two years in prison or unlimited fines.

Contempt through publication has more recently come under the spotlight, with a number of high-profile figures and politicians making public comments that risk influencing legal cases. McGarry's research cites recent instances where politicians including Suella Braverman, Jeremy Hunt, and David Cameron came close to committing contempt by publishing tweets or comments about active cases.

Currently, only the attorney general - a government minister appointed by the Prime Minister - holds the power to initiate legal proceedings for contempt of court, including against other politicians. This, McGarry argues, is inherently problematic and poses a serious conflict of interest.

Dr John McGarry, senior lecturer in law at Leeds Law School, Leeds Beckett University, said: "The law of contempt is very important because it maintains the authority, dignity and fairness of the legal justice system. But the law of contempt has developed in a piecemeal fashion and is now needlessly complicated and messy. The Law Commission are consulting on how contempt may be simplified and updated for the current age. I'm incredibly pleased that my work has influenced some of the commission's thinking on this and look forward to further influencing the reform of the law in this area."

Dr McGarry's work has resonated strongly in the Law Commission's consultation on contempt, influencing not only discussion but also the questions posed in the consultation. If the attorney general's role in prosecuting contempt is reformed, in part influenced by this research, it would mark a major shift in ensuring the impartiality and credibility of the legal process.