Odger's English Common Law

204 OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE.
It is necessary that the Court should have power thus promptly to
protect itself and the litigants before it. Latterly the tendency of our
Courts has been to discourage all applications for committal where only a
technical contempt of Court has been committed, which has done no harm
to the complainant. But any deliberate attempt to prejudice the mind of
the public against either party or his witnesses, or to prevent or obstruct
the fair trial of the action, will certainly be punished. Thus any one, who
hinders a witness from appearing to give evidence in a Court of justice, will
be guilty of misdemeanour. 1
But " committal for contempt of Court is a weapon to be used sparingly
and always with reference to the interests of the administration of justice." 2
" This is not a new-fangled jurisdiction ; it is a jurisdiction as old as the
common law itself, of which it forms part. ... It is a jurisdiction,
however, to be exercised with scrupulous care, to be exercised only when
the case is clear and beyond reasonable doubt." 3 " The essence of the offence
is conduct calculated to produce, so to speak, an atmosphere of prejudice
in the midst of which the proceedings must go on. " 4
Obstructing an Officer in the Execution of his Duty.
Some acts which are contempts of Court have also been
made substantive offences by express statute. Thus it is now
a misdemeanour, punishable with two years' imprisonment
with hard labour, to assault, resist or wilfully obstruct
a peace officer in the execution of his duty. 5
The fact that
the accused did not know that the person assaulted was a
peace officer acting in the execution of his duty furnishes no
defence. 6
If a constable sees a breach of the peace committed and finds
himself unable to deal with it single-handed, he may call on any
bystander to help him. Should the person thus called on refuse
his assistance without lawful excuse, he is guilty of a misde-
meanour. If however he does render assistance, any one
who assaults or resists him is punishable to the same extent
as if he had assaulted or resisted the officer himself.
Again, by the Customs Consolidation Act, 1876, it is a felony
punishable with penal servitude for not less than three years
i It. v. Stowell (1843), 5 Q. B. 44.
2 Per cur. in McLeod v. St. Aubyn, [1899] A. C. at p. 561.
» Per Lord Russell, C. J., in R. v. Gray, [1900] 2 Q. B. at pp. 40, 41.
* Per Lord Alverstone, C. J., in B.