UPDATE STATEMENT ON RAJIV MENON KC

The Haldane Society of Socialist Lawyers welcome the news that Rajiv Menon KC won his appeal against the decision to prosecute him for contempt of court. The Court of Appeal’s judgment on 12 May confirms that the trial judge’s decision to refer Rajiv directly to the High Court for contempt proceedings was unlawful as the Crown Court does not have the power to initiate contempt proceedings in that way. Accordingly, the High Court’s subsequent decision to progress the proceedings and set directions was also unlawful and the Court of Appeal have quashed the proceedings.

We note that the Court of Appeal has left open the possibility of the trial judge recommencing contempt proceedings by a different route. Contempt proceedings should never have been initiated in the first place. It amounted to a serious misuse of a draconian and punitive procedure which was entirely inappropriate in these circumstances. We hope that this will therefore be the end of the matter but will stand in solidarity with Rajiv should there be any further proceedings. We invite all those involved in the criminal justice system to do the same.