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Law Commission publishes contempt of court recommendations

Posted on: November 18, 2025 by Claire Meadows

More details of UK crime suspects could be released upon arrest in an effort to stop misinformation, a review of contempt of court laws has recommended.

The recommendation, put forward by the Law Commission, suggests that publishing details such as a suspect’s name, age, nationality, ethnicity, religion or immigration status “will generally not create risk”, however, details of what can be published should be made on a case-by-case basis. Once proceedings are active, the Commission recommends that the test of contempt will be if a publication creates a “substantial risk” that justice will be “seriously impeded or prejudiced”.

Other recommendations, published on Tuesday (18 November 2025), include moving the point at which proceedings become “active” to that of charge, rather than the current position on arrest.  The Commission also recommends that the procedure rule committee consider the development of a process that would “allow audio recording of proceedings for the purposes of responsible journalism without permission of the court being sought on every occasion.”

Part Two of the Commission’s report, covering powers, procedure, sanctions, costs and appeals, will be published in 2026. The government is expected to respond to the recommendations in due course.

Responding to the recommendations, Dawn Alford, Chief Executive of the Society of Editors said: “The Society welcomes the Law Commission’s consideration of how to improve contempt of court laws and we support measures that will strengthen open justice and the ability of the media to receive accurate and timely information that enables them to keep the public informed.”

The recommendations can be found here.