[F1PART 81E+WAPPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT

Textual Amendments

SECTION 8E+WGeneral rules about committal applications, orders for committal and writs of sequestration

Discharge of a person in custodyE+W

81.31.—(1) A person committed to prison for contempt of court may apply to the court to be discharged.

(2) The application must—

(a)be in writing and attested by the governor of the prison (or any other officer of the prison not below the rank of principal officer);

(b)show that the person committed to prison for contempt has purged, or wishes to purge, the contempt; and

(c)be served on the person (if any) at whose instance the warrant of committal was issued at least one day before the application is made.

(3) Paragraph (2) does not apply to—

(a)a warrant of committal to which CCR Order 27 rule 8, or CCR Order 28 rule 4 or 14 relates; or

(b)an application made by the Official Solicitor acting with official authority for the discharge of a person in custody.

(4) If the committal order is made in [F2the County Court] and—

(a)does not direct that any application for discharge must be made to a judge; or

(b)was made by a [F3District Judge] under section 118 of the County Courts Act 1984,

the application for discharge may be made to a [F3District Judge].

(5) If the committal order is made in the High Court, the application for discharge may be made to a single judge of the Division in which the committal order was made.]

Textual Amendments