Court of Appeal Quashes Direct Contempt Referral Against Rajiv Menon KC

Overview

• The Court of Appeal, ruling Tuesday, held that the High Court has no jurisdiction to hear the contempt allegation against Rajiv Menon KC without an application by the Attorney General and it quashed the direct referral.
• The issue arose from Menon’s January closing speech that cited a 1670 case on jury independence, which the trial judge said breached directions not to invite jurors to follow conscience rather than the law.
• The Court of Appeal set aside directions previously issued by Lord Justice Edis and sent the matter back to Mr Justice Johnson to consider a referral to the Attorney General or a complaint to the Bar Standards Board.
• The judges said a Judicial Office advisory note was wrong to suggest a Crown Court judge could refer such cases straight to the High Court and explained the judge could have asked another High Court judge to sit as a Crown Court judge for any summary process.
• The first Woolwich trial produced acquittals or no verdicts, and a May retrial led to four criminal-damage convictions linked to the Elbit site protest, highlighting the sensitivity of these prosecutions and why the boundaries of closing speeches drew scrutiny.