County Court Rules (Northern Ireland) 1981

Proceedings on complaint of a contempt of court

1.—(1) Where it is alleged that any person has—

(a) wilfully insulted or acted contumaciously towards the judge, or any witness, or any officer of the court during his sitting or attendance in court or in chambers or at any hearing before an officer of the court, or in going to or returning from the court or chambers or a hearing before an officer of the court;

(b) wilfully interrupted the proceedings of a county court or otherwise misbehaved in court or in chambers or at a hearing before an officer of the court; or

(c) been duly summoned and has refused or neglected without sufficient cause to appear or to produce any documents or has refused to be sworn or to give evidence;

and the alleged offender has not been taken into custody and brought before the judge or dealt with summarily by the judge, the circuit registrar, chief clerk or other officer of the Northern Ireland Court Service acting as clerk of the court—

(i) shall issue a summons in Form 264 which shall be served by a process server on the alleged offender personally at least two days before the return day appointed in such summons; or

(ii) if the judge So directs, shall forthwith issue a warrant in Form 265 addressed to a superintendent of the Royal Ulster Constabulary for the apprehension and bringing before the court of the alleged offender.

(2) The fee payable to a process server in respect of the service of a summons under paragraph (1)(i) shall be payable by the chief clerk and chargeable as part of his office expenses.

(3) Where a person has been found to have committed any offence mentioned in paragraph (1), an order in Form 266 may be made against him.

(4) After imposing a fine on or committing to prison any person for an offence mentioned in paragraph (1), the judge may direct the chief clerk to give notice to such person that if he has any cause to show why an order should not have been made against him, he may show cause in person or by affidavit or otherwise on a day to be named in the notice, and the judge after considering the cause may make such order as he thinks fit.