Categories
Judiciary Legal Analysis

Can you Criticise a Judge ?

Criticise a Judge
Criticise a Judge ?

In short, the answer is yes anyone can criticise a judge or court.

The judiciary and courts are quite rightly not immune to public criticism and comment. The rule of law applies to everyone and no one should be above the law.

Scandalising the judiciary, also known as scandalising the court or scandalising judges, was historically considered a form of contempt of court in the common law of England and Wales.

It involved any publication or speech that would undermine public confidence in the judiciary or its officers, such as judges and magistrates.

However, the Crime and Courts Act 2013 abolished the offence of scandalising the judiciary under the common law of England and Wales.

Section 33 of the Act specifically states

“Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law of England and Wales.”

Crime and Courts Act 2013 Section 33

The decision to abolish the offence was controversial, with supporters of the change arguing that it was necessary to ensure that freedom of expression was protected and that the judiciary were not immune to criticism.

While the offence of scandalising the judiciary no longer exists under the common law of England and Wales, other forms of contempt of court still apply.

These include disobedience to court orders, interference with court proceedings, and publication of material that could prejudice ongoing legal proceedings.

In conclusion, scandalising the judiciary was once considered a form of contempt of court in England and Wales, but this offence was abolished by the Crime and Courts Act 2013.

It should however be noted that libel and slander are both forms of defamation, which involve making a false statement about someone that damages their reputation.

In the United Kingdom, the laws around libel and slander are governed by the Defamation Act 2013, which replaced the previous common law rules on defamation.

Formal complaints about judges can be made at the Judicial Conduct Investigations Office (JCIO).

The JCIO are an independent office which supports the Lord Chancellor and Lady Chief Justice in considering complaints about the personal conduct of judicial office holders.

The JCIO cannot accept complaints about a judge’s decision or the way a judge has managed a case.

The Law Commission published a consultation paper (no207) in 2012 entitled Contempt of Court : Scandalising the Court

cp207_Scandalising_the_CourtDownload

Check out our articles on Rule of Law, Open Justice, Judges Salaries and Fees, Dodgy Judges, What is Law, Is the Law Black and White ?, Abuse of Process, What Does Lady Justice Symbolise ? Mr Justice Williams, His Honour Judge Richardson, His Honour Now His Dishonour, His Honour Judge Michael Slater, His Honour Judge Martin Davis, HHJ Farquhar, Do you Have to Bow to a Judge ?, Can you Email a Judge ?, Can you Criticise a Judge ? and the highly dubious Sussex Family Justice Board.

The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession, police or any other law enforcement agencies.

Latest Articles ↓

Most Popular ↓

You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

There are a number of links to Free and Paid For Legal Resources and Legal Organisations on the Free Legal Advice , Legal Aid and Pro Bono pages.

[post_title] was last updated on the 23rd June 2026

By Dom Watts

Dom Watts founded the Ministry of Injustice in July 2021. Dom is an IT Professional with 30+ years experience in Tier 1 Banking, Government, Defence, Healthcare and Global Blue Chips. Dom has no legal training and is not a lawyer but has previously consulted for a Magic Circle Law Firm. You can find Dom on X or Google.

Dom Watts publishes the Ministry of Injustice as a citizen journalist. The journalism exemption is detailed in the Data protection and journalism code of practice published by the ICO and Section 124 of the Data Protection Act 2018.

Section 2 of the Defamation Act 2013 sets out the defence of truth. Section 3 of the Defamation Act 2013 sets out the defence of honest opinion. Section 4 of the Defamation Act 2013 sets out the defence of public interest. Section 8 of the Defamation Act 2013 sets out the single publication rule.

Section 4a of The Limitation Act 1980 defines the time limit for actions for defamation or malicious falsehood as one year from the date on which the cause of action accrued.

Article 10 of the Human Rights Act 1998 gives the right to freedom of expression. "This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers."

"Free speech encompasses the right to offend, and indeed to abuse another." - Para 43 Scottow v CPS [2020] EWHC 3421 (Admin)

"Free speech is a fundamental common law right" - Para 21 R v Shayler [2002] UKHL 11 [2003] 1 AC 247 per Lord Bingham and Para 42 Phillips -v- Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin)

Dom is a member of The Free Speech Union

“A key issue here is the need to distinguish between conduct which, however objectionable, does not justify invoking the criminal law and conduct which crosses the line and results in criminal liability" - Para 31 R v O’Neill [2016] EWCA Crim 92 [2016]

“Harassment is generally understood to involve improper oppressive and unreasonable conduct that is targeted at an individual and calculated to produce alarm and distress” - Para 38 R v O’Neill [2016] EWCA Crim 92 [2016]

"The behaviour said to amount to harassment must reach a level of seriousness passing beyond irritations, annoyances....The gravity of the misconduct must be of an order which would sustain criminal liability" - Paras [40-44] Hayden v Dickenson [2020] EWHC 3291 (QB)

"If you tell the truth, you don't have to remember anything"

In 2002 Dom Watts was an unlikely consumer champion. The dad of three from Croydon took on the power and might of Kodak – and won...Dom on BBC Working Lunch

Rule of Law - Open Justice - Policing By Consent