Committal Order Suspended Indefinitely

Griffin v Griffin (CA TLR 2 May)

A committal order suspended for so long as the contemnor complied with another order expressed to last ‘until further order’ was valid even though its effect was to suspend a sentence of imprisonment indefinitely. Section 39 of the Criminal Justice Act 1967 which required sentences of imprisonment to be suspended for a finite period does not, of course, apply to committals for contempt of court. In respect of a committal order such as was made in the present case there were at least three opportunities to cure it if it gave rise to any injustice. First, the contemnor could appeal; second a later court might vary or discharge the order; and third, such orders are not in any case activated automatically but only on application to the court, which has a discretion.