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44-435: Vosper may refer to: People [ edit ] Cyril Vosper (1935–2004), a British Scientologist and, later, critic of Scientology Dennis Vosper, Baron Runcorn (1916–1968), British Conservative politician Frank Vosper (1899–1937), British actor and playwright Frederick Vosper (1869–1901), an Australian politician and republican Sydney Curnow Vosper (1866–1942),

88-629: A deprogrammer , working to extract individuals from groups he considered to be cults . In November 1987, while a committee member of the British anti-cult group Family, Action, Information, Rescue (FAIR) , he was convicted in Munich on charges of false imprisonment and causing bodily harm to German Scientologist Barbara Schwarz in the course of a deprogramming attempt. He received a five-month suspended sentence. Contempt of court Contempt of court , often referred to simply as " contempt ",

132-410: A process crime . Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. Contempt of court is essentially seen as a form of disturbance that may impede the functioning of the court. The judge may impose fines and/or jail time upon any person committing contempt of court. The person is usually let out upon an agreement to fulfill

176-517: A Divisional Court of the King's Bench Division of the High Court of Justice of England and Wales . In January 2012, for example, a juror who had researched information on the internet was jailed for contempt of court. Theodora Dallas, initially searching for the meaning of the term " grievous bodily harm ", added search criteria which localised her search and brought to light another charge against

220-472: A contempt order and then appear in court to answer the charges. Convictions can only be made when proof beyond a reasonable doubt is achieved. If it is a matter of urgency or the contempt was done in front of a judge, that person can be punished immediately. Punishment can range from the person being imprisoned for a period of less than five years or until the person complies with the order or fine. Under Tax Court of Canada Rules of Tax Court of Canada Act ,

264-548: A criticism of the judge or a prosecutor, amounts to an interference with his or her rights under article 10 of the ECHR" and that such limits must be "prescribed by law" and be " necessary in a democratic society ", citing Nikula v Finland. The Crown Court is a superior court according to the Senior Courts Act 1981 , and Crown Courts have the power to punish contempt. The Divisional Court as part of

308-483: A disturbance, such as repeatedly talking out of turn, bringing forth previously banned evidence, or harassment of any other party in the courtroom, including committing an assault against the defendant in a criminal case. There have been instances during murder trials that grieving family members of murder victims have attacked the defendants in courtrooms in plain view of judges, bailiffs, and jurors, leading to said family members to be charged with contempt. Direct contempt

352-403: A failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material or non-disclosure of material, which in doing so is deemed likely to jeopardize a fair trial . A judge may impose sanctions such as a fine , jail or social service for someone found guilty of contempt of court, which makes contempt of court

396-477: A highly critical account of Scientology. The book contained a significant amount of inside information about Scientology including quotations from a number of Hubbard's works. The Church of Scientology sued for breach of copyright and breach of confidence , but its case was rejected by the courts. At one stage in the litigation, a High Court judge was reported as saying of applications by the Church that Vosper and

440-576: A newspaper editor be committed to prison for contempt of court , that these actions were deliberately taken "to try to stifle any criticism or inquiry into their [the Church of Scientology's] affairs". The Church was permitted to appeal the case but the Court of Appeal rejected the Church's appeal, finding " fair dealing in The Mind Benders in criticising scientology and that it was in the public interest to investigate and disclose." Following

484-428: A painter and artist Tessa Ann Vosper Blackstone, Baroness Blackstone (born 1942), a British Labour politician Organizations [ edit ] Vosper & Company , a defunct British shipbuilder VT Group , formerly known as Vosper Thornycroft , a British shipbuilder Other [ edit ] Sholing F.C. , formerly known as Vosper Thorneycroft FC , a British football club Topics referred to by

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528-411: A person fails to fulfill the will of the court as it applies to outside obligations of the person. In most cases, constructive contempt is considered to be in the realm of civil contempt due to its passive nature. Indirect contempt is something that is associated with civil and constructive contempt and involves a failure to follow court orders. Criminal contempt includes anything that could be considered

572-525: A person who is found to be in contempt may be imprisoned for a period of less than two years or fined. Similar procedures for serving an order first is also used at the Tax Court. Different procedures exist for different provincial courts. For example, in British Columbia , a justice of the peace can only issue a summons to an offender for contempt, which will be dealt with by a judge, even if

616-536: A potential conflict of interest rising from a judge both accusing and sentencing the defendant. At least one Supreme Court justice has made calls for jury trials to replace judge trials on contempt cases. The United States Marshals Service is the agency component that first holds all federal prisoners. It uses the Prisoner Population Management System /Prisoner Tracking System. The only types of records that are disclosed as being in

660-479: A state court ordered in a civil trial. Chadwick had been imprisoned for nine years at that time and continued to be held in prison until 2009, when a state court set him free after 14 years, making his imprisonment the longest on a contempt charge to date. Civil contempt is only appropriate when the imposed party has the power to comply with the underlying order. Controversial contempt rulings have periodically arisen from cases involving asset protection trusts, where

704-456: Is a contemnor or contemner . There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies , such as injunctions . In some jurisdictions, the refusal to respond to subpoena , to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of

748-401: Is an unacceptable act in the presence of the judge ( in facie curiae ), and generally begins with a warning; it may be accompanied by the immediate imposition of a punishment. In Australia , a judge may impose a fine or jail for contempt of court. A Belgian correctional or civil judge may immediately try the person for insulting the court. In Canada, contempt of court is an exception to

792-658: Is different from Wikidata All article disambiguation pages All disambiguation pages Cyril Vosper Vosper was born in 1935 in Hounslow, Middlesex (now part of Greater London ) and lived his early life in Britain. He joined the Hubbard Association of Scientologists International (the overseas arm of the Church of Scientology ) in 1954 at 19. He soon became a Scientology auditor . In 1956, he

836-475: Is distinctly different from indirect contempt, wherein another individual may file papers alleging contempt against a person who has willfully violated a lawful court order. There are limits to the powers of contempt created by rulings of European Court of Human Rights . Reporting on contempt of court, the Law Commission commented that "punishment of an advocate for what he or she says in court, whether

880-411: Is imposed unconditionally. The civil sanction for contempt (which is typically incarceration in the custody of the sheriff or similar court officer) is limited in its imposition for so long as the disobedience to the court's order continues: once the party complies with the court's order, the sanction is lifted. The imposed party is said to "hold the keys" to their own cell, thus conventional due process

924-405: Is not required. In federal and most state courts, the burden of proof for civil contempt is clear and convincing evidence , a lower standard than in criminal cases. In civil contempt cases there is no principle of proportionality . In Chadwick v. Janecka (3d Cir. 2002), a U.S. court of appeals held that H. Beatty Chadwick could be held indefinitely for his failure to produce $ 2.5 million as

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968-410: Is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress . The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this

1012-551: The Attorney General has issued guidance as to when he believes this to be the case, and there is also statutory guidance. The clause prevents the newspapers and media from publishing material that is too extreme or sensationalist about a criminal case until the trial or linked trials are over and the juries have given their verdicts. Section 2 of the Act defines and limits the previous common law definition of contempt (which

1056-480: The High Court has ruled that this power can apply in these three circumstances: Where it is necessary to act quickly, a judge may act to impose committal (to prison) for contempt. Where it is not necessary to be so urgent, or where indirect contempt has taken place the Attorney General can intervene and the Crown Prosecution Service will institute criminal proceedings on his behalf before

1100-536: The magistrates' courts or against a magistrate is in breach of section 99 of the Magistrates Ordinance (Cap 227) which states the magistrate can 'summarily sentence the offender to a fine at level 3 and to imprisonment for 6 months.' In addition, certain appeal boards are given the statutory authority for contempt by them (e.g., Residential Care Home, Hotel and Guesthouse Accommodation, Air Pollution Control, etc.). For contempt in front of these boards,

1144-432: The (invariably) District Judge (sitting as a magistrate ) may order committal to prison for a maximum of one month, impose a fine of up to £2,500, or both. It will be contempt to bring an audio recording device or picture-taking device of any sort into an English court without the consent of the court. It will not be contempt according to section 10 of the Act for a journalist to refuse to disclose his sources, unless

1188-416: The 1981 Act is committal to prison for two years. Disorderly, contemptuous or insolent behaviour toward the judge or magistrates while holding the court, tending to interrupt the due course of a trial or other judicial proceeding, may be prosecuted as "direct" contempt. The term "direct" means that the court itself cites the person in contempt by describing the behaviour observed on the record. Direct contempt

1232-481: The chairperson will certify the act of contempt to the Court of First Instance who will then proceed with a hearing and determine the punishment. In England and Wales (a common law jurisdiction), the law on contempt is partly set out in case law (common law), and partly codified by the Contempt of Court Act 1981 . Contempt may be classified as criminal or civil . The maximum penalty for criminal contempt under

1276-470: The court has considered the evidence available and determined that the information is "necessary in the interests of justice or national security or for the prevention of disorder or crime". Under the Contempt of Court Act it is criminal contempt to publish anything which creates a real risk that the course of justice in proceedings may be seriously impaired. It only applies where proceedings are active, and

1320-407: The court has ordered a settlor of an asset protection trust to repatriate assets so that the assets may be made available to a creditor. A court cannot maintain an order of contempt where the imposed party does not have the ability to comply with the underlying order. This claim when made by the imposed party is known as the "impossibility defense". Contempt of court is considered a prerogative of

1364-506: The court, and "the requirement of a jury does not apply to 'contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States. ' " This stance is not universally agreed with by other areas of the legal world, and there have been many calls to have contempt cases to be tried by jury, rather than by judge, as

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1408-457: The court. When a court decides that an action constitutes contempt of court, it can issue an order in the context of a court trial or hearing that declares a person or organization to have disobeyed or been disrespectful of the court's authority, called "found" or "held" in contempt. That is the judge's strongest power to impose sanctions for acts that disrupt the court's normal process. A finding of being in contempt of court may result from

1452-415: The defendant. Because she then shared this information with the other jurors, the judge stated that she had compromised the defendant's right to a fair trial and the prosecution was abandoned. Magistrates' courts also have powers under the 1981 Act to order to detain any person who "insults the court" or otherwise disrupts its proceedings until the end of the sitting. Upon contempt being admitted or proved

1496-536: The general principle that all criminal offences are set out in the federal Criminal Code . Contempt of court is the only remaining common law offence in Canada. Contempt of court includes the following behaviors: This section applies only to the Federal Court of Appeal and Federal Court . Under Federal Court Rules, Rules 466, and Rule 467 a person who is accused of Contempt needs to be first served with

1540-447: The media outlet is a party to the case, a media outlet cannot be found in contempt of court for reporting about a case because a court cannot order the media in general not to report on a case or forbid it from reporting facts discovered publicly. Newspapers cannot be closed because of their content. There have been criticisms over the practice of trying contempt from the bench. In particular, Supreme Court Justice Hugo Black wrote in

1584-466: The offence was done in the face of the justice. Judges from the Hong Kong Court of Final Appeal , High Court of Hong Kong , District Court along with members from the various tribunals and Coroner's Court all have the power to impose immediate punishments for contempt in the face of the court, derived from legislation or through common law : The use of insulting or threatening language in

1628-430: The order. However, some cases of civil contempt have been perceived as intending to harm the reputation of the plaintiff, or to a lesser degree, the judge or the court. Sanctions for contempt may be criminal or civil. If a person is to be punished criminally, then the contempt must be proven beyond a reasonable doubt , but once the charge is proven, then punishment (such as a fine or, in more serious cases, imprisonment)

1672-533: The outcome of the case, Vosper asserted that he had been subjected to "dirty tricks" carried out by the Church. According to him, a copy of his manuscript disappeared from his lodgings and, while on holiday in Spain, he was questioned by the police when they opened a parcel addressed to the place in which he was staying, containing obscene caricatures of the Spanish dictator General Franco . Vosper subsequently became

1716-412: The presence of a judge; civil contempt is "coercive and remedial" as opposed to punitive . In the United States, relevant statutes include 18 U.S.C.   §§ 401 – 403 and Federal Rule of Criminal Procedure 42. Contempt of court in a civil suit is generally not considered to be a criminal offense, with the party benefiting from the order also holding responsibility for the enforcement of

1760-409: The same term [REDACTED] This disambiguation page lists articles associated with the title Vosper . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Vosper&oldid=1105120396 " Category : Disambiguation pages Hidden categories: Short description

1804-570: The system are those of "federal prisoners who are in custody pending criminal proceedings." The records of "alleged civil contempors" are not listed in the Federal Register as being in the system leading to a potential claim for damages under The Privacy Act, 5 U.S.C.   § 552a(e)(4)(I) . In the United States, because of the broad protections granted by the First Amendment , with extremely limited exceptions, unless

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1848-399: The wishes of the court. Civil contempt can involve acts of omission. The judge will make use of warnings in most situations that may lead to a person being charged with contempt if the warnings are ignored. It is relatively rare that a person is charged for contempt without first receiving at least one warning from the judge. Constructive contempt, also called consequential contempt , is when

1892-593: Was personally cited by L. Ron Hubbard for his "test work and the wonderful results [he has] obtained on pcs [ preclears ] processed under various directives." Vosper joined Hubbard's staff at Saint Hill Manor in the 1960s, working as the Dissemination Secretary, World Wide and Dissemination Secretary, Evening and Weekend Foundation. He was expelled in September 1968 for alleged disciplinary offences. In 1971, Vosper published The Mind Benders ,

1936-557: Was previously based upon a presumption that any conduct could be treated as contempt, regardless of intent), to only instances where there can be proved an intent to cause a substantial risk of serious prejudice to the administration of justice (i.e./e.g., the conduct of a trial). In civil proceedings there are two main ways in which contempt is committed: In India, contempt of court is of two types: In United States jurisprudence , acts of contempt are generally divided into direct or indirect, and civil or criminal. Direct contempt occurs in

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