The Family Procedure Rules 2010

[F1 CHAPTER 8 E+W Penal and disciplinary provisions under the County Courts Act 1984

Textual Amendments

F1 Pt. 37 inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 44, Sch. (with rule 45)

Scope E+W

37.32.— (1) This Chapter applies to the family court only and contains rules in relation to the penal, contempt and disciplinary provisions of the County Courts Act 1984 as they apply to the family court.

(2) In this Chapter, “the Act” means the County Courts Act 1984.

Offences under sections 14, 92 or 118 of the Act E+W

37.33.— (1) This rule applies where it is alleged that any person has committed an offence—

(a) under section 14 of the Act, by assaulting an officer of the court acting in the execution of the officer’s duties;

(b) under section 92 of the Act, by rescuing or attempting to rescue any goods seized in execution; or

(c) under section 118 of the Act, by wilfully insulting a judge, juror, witness or any officer of the court or by wilfully interrupting the proceedings of the family court or otherwise misbehaving in court,

and the alleged offender has not been taken into custody and brought before the court.

(2) The court will issue a summons, which must be served on the alleged offender personally not less than 7 days before the day of the hearing stated in the summons.

(3) Rule 37.29 (warrant of committal) applies, with the necessary modifications, where an order is made under section 14, 92 or 118 of the Act committing a person to prison.

Offences under section 124 of the Act E+W

37.34.   Where a complaint is made against an officer of the court under section 124 of the Act for having lost the opportunity of levying execution, the court will issue a summons, which must be served on the alleged offender personally not less than 7 days before the date of the hearing stated in the summons.

Notice to give evidence before or after a fine is imposed under [F2 section 31G of the 1984 Act] E+W

37.35.— (1) Before or after imposing a fine on any person under [F3 section 31G of the 1984 Act] for disobeying a witness summons or refusing to be sworn or give evidence, the court may direct that notice be given to that person in accordance with paragraph (2).

(2) The notice must state that if the recipient of the notice can demonstrate any reason why a fine should not be or should not have been imposed, that person may give evidence—

(a) by witness statement, affidavit or otherwise; and

(b) on a day named in the notice.

Textual Amendments

F2 Words in rule 37.35 heading substituted (6.4.2016) by The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 7 (with rule 9)

F3 Words in rule 37.35(1) substituted (6.4.2016) by The Family Procedure (Amendment) Rules 2016 (S.I. 2016/355), rules 1(2), 7 (with rule 9)

Non-payment of fines E+W

37.36.— (1) If a fine is not paid in accordance with the order imposing it, the court officer will, as soon as reasonably possible, report the matter to a judge.

(2) Where by an order imposing a fine—

(a) the amount of the fine is directed to be paid by instalments; and

(b) default is made in the payment of any instalment,

the same proceedings may be taken as if default had been made in respect of the whole of the fine.

Repayment of fine E+W

37.37.   If a person pays a fine and later gives evidence to satisfy the court that, if the evidence had been given earlier, no fine or a smaller fine would have been imposed, the court may order the whole or part of the fine to be repaid.

Section 118 of the Act and the tipstaff E+W

37.38.   For the purposes of section 118 of the Act in its application to the hearing of family proceedings at the Royal Courts of Justice or the principal registry, the tipstaff is deemed to be an officer of the court.]