F1PART 37APPLICATIONS AND PROCEEDINGS IN RELATION TO CONTEMPT OF COURT

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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.