Committal to prison and children proceedings: Part 2

dbfamilylaw

20160419_170156Release of court material

The first part of this two part series looked at the appeal in the unfortunate case of Re Nasrullah Mursalin [2019] EWCA Civ 1559 (3 September 2019) in the context of Administration of Justice Act 1960 (AJA 1960) s 12(1)(a) and Family Procedure Rules 2010 (FPR 2010) r 12.73; and especially at the extent to which a committal application needs guilty intent. An application that the administration of justice has been interfered with – which is what a committal application is – is a criminal contempt which may result in the defendant (accused?) being sent to prison.

It is worth recalling that contempt proceedings, albeit in civil and family cases, are treated as ‘criminal’ proceedings under European Convention 1950 (Engel and Others v The Netherlands (No 1) (1976) 1 EHRR 647, at 677 paras 80 and 81, 85 and 86) so that a respondent has the…

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