PART 62CONTEMPT OF COURT

SECTION 3: CONTEMPT OF COURT BY FAILURE TO COMPLY WITH COURT ORDER, ETC.

Magistrates’ courts’ powers to adjourn, etc.62.16.

(1)

This rule applies where a magistrates’ court deals with unauthorised disclosure of prosecution material under sections 17 and 18 of the Criminal Procedure and Investigations Act 1996684.

(2)

The sections of the Magistrates’ Courts Act 1980 listed in paragraph (3) apply as if in those sections—

(a)

‘complaint’ and ‘summons’ each referred to an application or written statement under rule 62.9;

(b)

‘complainant’ meant an applicant; and

(c)

‘defendant’ meant the respondent.

(3)

Those sections are—

(a)

section 51685 (issue of summons on complaint);

(b)

section 54686 (adjournment);

(c)

section 55687 (non-appearance of defendant);

(d)

section 97(1)688 (summons to witness);

(e)

section 121(1)689 (constitution and place of sitting of court);

(f)

section 123690 (defect in process).

(4)

Section 127 of the 1980 Act691 (limitation of time) does not apply.
[Note. Under section 19(3) of the Criminal Procedure and Investigations Act 1996692, Criminal Procedure Rules may contain provisions equivalent to those contained in Schedule 3 to the Contempt of Court Act 1981693 (which allows magistrates’ courts in cases of contempt of court to use certain powers such courts possess in other cases).]