Scandalising in the Eighties

Abstract

More than fifty years have passed since the last successful prosecution in England and Wales for scandalising the court. However, as amply demonstrated by the history of blasphemy, the relatively quiescent state of the offence should not be equated with obsolescence, and significant developments have taken place during the present decade both in other common law jurisdictions and as a result of the Contempt of Court Act 1981 in this country. Therefore, it may be timely to consider the nature of this archaic offence in the light of recent developments and then to assess whether it should form part of a modern legal system.