FCA v Stamp: contempt of court sentencing analysis

On 30 July 2025, His Honour Judge Baumgartner delivered a significant judgement at Southwark Crown Court concerning Iain Clifford Stamp, following established contempt allegations arising from non-compliance with a Restraint Order. The proceedings represent a stark illustration of judicial enforcement mechanisms when court orders are systematically flouted.

Background and contempt findings

The contempt allegations originated from Mr Stamp's failure to comply with a Restraint Order, a statutory mechanism designed to prevent asset dissipation pending potential confiscation proceedings. Evidence presented across multiple hearings demonstrated that Mr Stamp had not merely failed to adhere to the order's stipulations but had actively dissipated substantial assets, fundamentally undermining the integrity of the court process.

The earlier judgement of 16 July 2025 confirmed nine separate allegations of contempt against Mr Stamp. The court subsequently afforded him reasonable opportunity to respond and make representations regarding appropriate sanctions. However, Mr Stamp failed to appear at the sentencing hearing, instead submitting documents that disputed the judgement without substantive legal argument or supporting evidence.

Defendant's response and judicial assessment

In his submissions to the court, Mr Stamp attempted to challenge judicial authority, claiming forced exile in North Cyprus. Judge Baumgartner observed that Mr Stamp's legal approach appeared disjointed and lacked coherent legal foundation. The judge determined that Mr Stamp was fully aware of the proceedings yet deliberately chose not to engage with court orders, effectively waiving his right to be present during sentencing.

The materials submitted by Mr Stamp demonstrated a fundamental refusal to acknowledge the legitimacy of the Restraint Order or the court's jurisdiction, factors that significantly influenced the court's assessment of his culpability and the appropriate sanction.

Sentencing considerations and legal framework

In determining the appropriate penalty, Judge Baumgartner considered both the nature and severity of Mr Stamp's conduct, referencing established case law emphasising the critical importance of compliance with court orders in maintaining the rule of law. The judgement reinforced that contempt of court carries severe consequences as it strikes at the heart of judicial authority and public confidence in legal systems.

The court identified that Mr Stamp's conduct represented a high level of culpability, comprising nine distinct breaches relating primarily to non-disclosure of assets and systematic failure to comply with court directions. Such behaviour poses a direct threat to the administration of justice and fundamentally undermines the effectiveness of statutory enforcement mechanisms.

Mr Stamp's absence of remorse and continued refusal to acknowledge the validity of court orders further aggravated his position. The judge noted that this pattern of behaviour suggested ongoing defiance rather than inadvertent non-compliance.

Sentence and enforcement

The court imposed a total sentence of 12 months' imprisonment, structured concurrently for the initial six contempt charges. The cumulative penalty reflected the serious and ongoing nature of the breaches, with the judge emphasising that Mr Stamp's actions demonstrated persistent disregard for judicial authority.

The court mandated that Mr Stamp must serve half of the sentence in custody, with explicit provision for appeal rights preserved within the judgement documentation. These provisions maintain procedural safeguards whilst ensuring meaningful enforcement of court orders.

The Stamp case establishes important precedent regarding the judiciary's approach to systematic non-compliance with restraint orders. The judgement demonstrates that courts will impose substantial custodial sentences where defendants persistently flout court directions, particularly in circumstances involving asset dissipation that undermines the efficacy of confiscation proceedings. The decision reinforces the principle that judicial authority cannot be circumvented through non-engagement or spurious jurisdictional challenges.

Copyright & permissions