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Judiciary Legal Analysis

Can you 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

Check out our articles on Can you Email a Judge ?, His Honour Judge Melbourne Inman KC, His Honour Judge Jeremy Richardson KC, HHJ Farquhar, HHJ Bedford, Dodgy Judges, Do you Have to Bow to a Judge ?, Etiquette and Manners in Court and the highly questionable Sussex Family Justice Board.

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Can you Criticise a Judge ? was last updated on the 17th February 2025

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.

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

R v O’Neill [2016] EWCA Crim 92, [2016]

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………

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