PART 48CONTEMPT OF COURT

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

Magistrates’ courts’ powers to adjourn, etc.48.16

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 19961025.

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 48.9;

b

‘complainant’ meant an applicant; and

c

‘defendant’ meant the respondent.

3

Those sections are—

a

section 511026 (issue of summons on complaint);

b

section 541027 (adjournment);

c

section 551028 (non-appearance of defendant);

d

section 97(1)1029 (summons to witness);

e

section 121(1)1030 (constitution and place of sitting of court);

f

section 1231031 (defect in process).

4

Section 127 of the 1980 Act1032 (limitation of time) does not apply.

[Note. Under section 19(3) of the Criminal Procedure and Investigations Act 19961033, Criminal Procedure Rules may contain provisions equivalent to those contained in Schedule 3 to the Contempt of Court Act 19811034 (which allows magistrates’ courts in cases of contempt of court to use certain powers such courts possess in other cases).]