F1PART 37APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT
CHAPTER 7General rules about committal applications, orders for committal and writs of sequestration
Discharge of a person in custody37.30
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 rule 4 or 14, relates;
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 the family court and—
a
does not direct that any application for discharge must be made to a judge; or
b
was made by a district judge under section 118 of the County Courts Act 1984;
the application for discharge may be made to a district 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 Family Division.
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)