Brown v Davies

Where contempt of a location order prevents the court from locating a child, sentencing must reflect both the seriousness of the breach and subsequent cooperation. Imprisonment may be imposed where the contempt is deliberate and serious, but its length should take account of the contemnors’ character, age, health, family responsibilities, time already served and the practical consequences of later compliance. Prompt disclosure of the required information and arrangements for the child’s return may substantially mitigate sentence.

The judgment concerned sentencing after Patricia Davies, Brian Davies and Melanie Williams were found in contempt of court for knowingly withholding information about the whereabouts of Jacqueline Davies and Alice Davies, despite a location order and repeated opportunities to provide it. The court found that Patricia Davies had also deleted text messages relevant to the inquiry. Following publicity about the proceedings, Jacqueline Davies made contact and agreed to return to the jurisdiction with Alice. The issues were the appropriate sentences for the contemnors and the consequential directions for Alice’s return and the next hearing.

1. The three contemnors had committed a deliberate and serious contempt by withholding information required by the court’s location order. Patricia Davies’s contempt was particularly serious because she had denied under oath that she could contact her daughter and had then sent, and possibly received, messages which she deleted.
2. The subsequent provision of Jacqueline Davies’s address and telephone number, together with her stated intention to return to the jurisdiction with Alice, materially mitigated the position. The purpose of the order was to enable the court to locate Alice, secure her return and determine her welfare and living arrangements.
3. In fixing sentence, the court considered the previous good character of all three contemnors. It also considered the ages of Patricia Davies and Brian Davies, Melanie Williams’s two young children and poor health, and the time already spent in custody.
4. Each contemnor was sentenced to 12 days’ imprisonment, to serve one-half. Giving credit for time already served, all three were released immediately.
5. The matter was adjourned to 5 November 2013. Jacqueline Davies was directed to attend with legal representatives as she might instruct, and Alice was ordered to be returned to the jurisdiction by midnight on 4 November 2013.