QUOTE(AlunfromLCA @ Oct 13 2005, 01:33 PM) [snapback]435092[/snapback]
Wow - got a response within a couple of hours:
in para 1 he says I would not be guilty of contempt for saying "His Honour is uneducated in cannabis and a fool for giving such an opinion in an open court". Previously I have been led to believe by a barrister that one can be prosecuted for saying that sort of thing about judges or even barristers almost anywhere as contempt of court. this is the reply from the Judicial Correspondence Unit.
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Thank you for your further comments, which I shall answer as best I can.
1) Describing the Judge in the terms stated would not constitute a contempt of court, unless you were to make these comments in court (in which instance it would be a matter for the Judge to decide whether this represented contempt). You are otherwise free to express your opinions, as indeed you have done.
2) It would be open to you, as the defendant in court, to challenge any statement made by the Judge, provided you did so at a time when you "had the floor", for instance, in the course of giving evidence. It would be inappropriate, on the other hand, to interrupt the Judge when, say, he was giving his judgment.
3) I can only note what you say, namely, the suggestion that Judge Niblett might have intended his comments about "those whose minds are steeped in cannabis" for a wider audience. To put it the other way around, a Judge may not be prevented from expressing opinions pertinent to a case and to his judgment in that case, for fear that they might be reported in the media.
4) Again, I can only note what you say, namely, that the Judge's comment that people high on cannabis are capable of committing crimes is factually incorrect. You have already made it clear that this is not your view and you are, of course, entitled to this opinion and to express it.
I regret that we cannot ask the Judge to retract the statement for the reasons set out here and in our earlier letter.