PART 10APPLICATIONS UNDER PART 4 OF THE FAMILY LAW ACT 1996
Proceedings following arrest F1...10.11.
(1)
This rule applies where a person is arrested pursuant to—
(a)
a power of arrest attached to a provision of an occupation order; F2...
(b)
a warrant of arrest issued on an application under section 47(8) of the 1996 Act M1 F3; or
(c)
F4a warrant of arrest issued on an application for enforcement of an incoming protection measure.
(The Civil Jurisdiction and Judgments (Protection Measures) Regulations 2014(1) make provision in relation to the powers of the family court and the High Court to enforce incoming protection measures under the Protection Measures Regulation.)
(2)
The court before which a person is brought following arrest may—
(a)
determine whether the facts, and the circumstances which led to the arrest, amounted to disobedience of the order; or
(b)
adjourn the proceedings.
(3)
Where the proceedings are adjourned and the arrested person is released—
(a)
unless the court directs otherwise, the matter must be dealt with within 14 days beginning with the date of arrest; and
(b)
the arrested person must be given not less than 2 days' notice of the hearing.
(4)
An application notice seeking the committal for contempt of court of the arrested person may be issued if the arrested person is not dealt with within the period mentioned in paragraph (3)(a).
(The powers of F5the court to remand in custody or on bail are contained in section 47 of and Schedule 5 to the Family Law Act 1996 M2.)
F6...