Contempt of the Sovereign (also called contempt of statute) was an ancient doctrine in English law dating from medieval times, and now obsolete. It was the crime imputed by

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

whereby a person disobeyed an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

which did not say what the penalty was nor how it was to be enforced – the crime itself was recognised. The doctrine was based on the original custom that an Act of Parliament was an expression of the Sovereign's will, enacted with the "advice and consent" of Parliament. It has been mainly overturned in

precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...

since the English interregnum. Thus in modern jurisprudence, contravening a statute is not a crime unless the statute expressly says so in clear terms. The last time it was used was in 1840.'' Halsbury's Laws of England'', 5th edition, volume 25, paragraph 362 (It is not to be confused with '' lèse majesté''.)

References

* Archbold Criminal Pleading, Evidence and Practice (2010) 1-6

References

Further reading