http://www.legislation.gov.uk/id/uksi/2020/759

PART 48CONTEMPT OF COURT

Contents of this Part

General rules
When this Part applies	rule 48.1
Exercise of court’s power to deal with contempt of court	rule 48.2
Notice of suspension of imprisonment by Court of Appeal or Crown Court	rule 48.3
Application to discharge an order for imprisonment	rule 48.4

Contempt of court by obstruction, disruption, etc.
Initial procedure on obstruction, disruption, etc.	rule 48.5
Review after temporary detention	rule 48.6
Postponement of enquiry	rule 48.7
Procedure on enquiry	rule 48.8

Contempt of court by failure to comply with court order, etc.
Initial procedure on failure to comply with court order, etc.	rule 48.9
Procedure on hearing	rule 48.10
Introduction of written witness statement or other hearsay	rule 48.11
Content of written witness statement	rule 48.12
Content of notice of other hearsay	rule 48.13
Cross-examination of maker of written witness statement or other hearsay	rule 48.14
Credibility and consistency of maker of written witness statement or other hearsay	rule 48.15
Magistrates’ courts’ powers to adjourn, etc.	rule 48.16
Court’s power to vary requirements	rule 48.17

GENERAL RULES

When this Part applies48.1.

(1)

This Part applies where the court can deal with a person for conduct—

(a)

in contempt of court; or

(b)

in contravention of the legislation to which rules 48.5 and 48.9 refer.

(2)

In this Part, ‘respondent’ means any such person.

[Note. For the court’s powers to punish for contempt of court, see the notes to rules 48.5 and 48.9.]

Exercise of court’s power to deal with contempt of court48.2.

(1)

The court must determine at a hearing—

(a)

an enquiry under rule 48.8; and

(b)

an allegation under rule 48.9.

(2)

The court must not proceed in the respondent’s absence unless—

(a)

the respondent’s behaviour makes it impracticable to proceed otherwise; or

(b)

the respondent has had at least 10 business days’ notice of the hearing, or was present when it was arranged.

(3)

If the court hears part of an enquiry or allegation in private, it must announce at a hearing in public—

(a)

the respondent’s name;

(b)

in general terms, the nature of any conduct that the respondent admits, or the court finds proved; and

(c)

any punishment imposed.

Notice of suspension of imprisonment by Court of Appeal or Crown Court48.3.

(1)

This rule applies where—

(a)

the Court of Appeal or the Crown Court suspends an order of imprisonment for contempt of court; and

(b)

the respondent is absent when the court does so.

(2)

The respondent must be served with notice of the terms of the court’s order—

(a)

by any applicant under rule 48.9; or

(b)

by the court officer, in any other case.

[Note. By reason of sections 15 and 45 of the Senior Courts Act 19811197, the Court of Appeal and the Crown Court each has an inherent power to suspend imprisonment for contempt of court, on conditions, or for a period, or both.]

Application to discharge an order for imprisonment48.4.

(1)

This rule applies where the court can discharge an order for a respondent’s imprisonment for contempt of court.

(2)

A respondent who wants the court to discharge such an order must—

(a)

apply in writing, unless the court otherwise directs, and serve any written application on—

(i)

the court officer, and

(ii)

any applicant under rule 48.9 on whose application the respondent was imprisoned;

(b)

in the application—

(i)

explain why it is appropriate for the order for imprisonment to be discharged, and

(ii)

give details of any appeal, and its outcome; and

(c)

ask for a hearing, if the respondent wants one.

[Note. By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent power to discharge an order for a respondent’s imprisonment for contempt of court in failing to comply with a court order.

Under section 97(4) of the Magistrates’ Courts Act 19801198, a magistrates’ court can discharge an order for imprisonment if the respondent gives evidence.

Under section 12(4) of the Contempt of Court Act 19811199, a magistrates’ court can discharge an order for imprisonment made under that section.]

CONTEMPT OF COURT BY OBSTRUCTION, DISRUPTION, ETC.

Initial procedure on obstruction, disruption, etc.48.5.

(1)

This rule applies where the court observes, or someone reports to the court—

(a)

in the Court of Appeal or the Crown Court, obstructive, disruptive, insulting or intimidating conduct, in the courtroom or in its vicinity, or otherwise immediately affecting the proceedings;

(b)

in the Crown Court, a contravention of—

(i)

section 3 of the Criminal Procedure (Attendance of Witnesses) Act 19651200 (disobeying a witness summons), or

(ii)

section 20 of the Juries Act 19741201 (disobeying a jury summons);

(c)

in a magistrates’ court, a contravention of—

(i)

section 97(4) of the Magistrates’ Courts Act 1980 (refusing to give evidence), or

(ii)

section 12 of the Contempt of Court Act 19811202 (insulting or interrupting the court, etc.);

(d)

a contravention of section 9 of the Contempt of Court Act 19811203 (without the court’s permission, recording the proceedings, etc.); or

(e)

any other conduct with which the court can deal as, or as if it were, a criminal contempt of court, except failure to surrender to bail under section 6 of the Bail Act 19761204.

(2)

Unless the respondent’s behaviour makes it impracticable to do so, the court must—

(a)

explain, in terms the respondent can understand (with help, if necessary)—

(i)

the conduct that is in question,

(ii)

that the court can impose imprisonment, or a fine, or both, for such conduct,

(iii)

(where relevant) that the court has power to order the respondent’s immediate temporary detention, if in the court’s opinion that is required,

(iv)

that the respondent may explain the conduct,

(v)

that the respondent may apologise, if he or she so wishes, and that this may persuade the court to take no further action, and

(vi)

that the respondent may take legal advice; and

(b)

allow the respondent a reasonable opportunity to reflect, take advice, explain and, if he or she so wishes, apologise.

(3)

The court may then—

(a)

take no further action in respect of that conduct;

(b)

enquire into the conduct there and then; or

(c)

postpone that enquiry (if a magistrates’ court, only until later the same day).

[Note. The conduct to which this rule applies is sometimes described as ‘criminal’ contempt of court.

By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent power to imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, a respondent for contempt of court for the conduct listed in paragraph (1)(a), (b), (d) or (e). See also section 14 of the Contempt of Court Act 19811205.

Under section 97(4) of the Magistrates’ Courts Act 1980, and under sections 12 and 14 of the Contempt of Court Act 1981, a magistrates’ court can imprison (for a maximum of 1 month), or fine (to a maximum of £2,500), or both, a respondent who contravenes a provision listed in paragraph (1)(c) or (d). Section 12(1) of the 1981 Act allows the court to deal with any person who—

(a)

wilfully insults the justice or justices, any witness before or officer of the court or any solicitor or counsel having business in the court, during his or their sitting or attendance in court or in going to or returning from the court; or

(b)

wilfully interrupts the proceedings of the court or otherwise misbehaves in court.

Under section 89 of the Powers of Criminal Courts (Sentencing) Act 20001206, no respondent who is under 21 may be imprisoned for contempt of court. Under section 108 of that Act1207, a respondent who is at least 18 but under 21 may be detained if the court is of the opinion that no other method of dealing with him or her is appropriate. Under section 14(2A) of the Contempt of Court Act 19811208, a respondent who is under 17 may not be ordered to attend an attendance centre.

Under section 258 of the Criminal Justice Act 20031209, a respondent who is imprisoned for contempt of court must be released unconditionally after serving half the term.

Under sections 14, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 20121210, the respondent may receive advice and representation in “proceedings for contempt committed, or alleged to have been committed, by an individual in the face of the court”.

By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent power temporarily to detain a respondent, for example to restore order, when dealing with obstructive, disruptive, insulting or intimidating conduct. Under section 12(2) of the Contempt of Court Act 19811211, a magistrates’ court can temporarily detain a respondent until later the same day on a contravention of that section.

Part 14 contains rules about bail.]

Review after temporary detention48.6.

(1)

This rule applies in a case in which the court has ordered the respondent’s immediate temporary detention for conduct to which rule 48.5 applies.

(2)

The court must review the case—

(a)

if a magistrates’ court, later the same day; or

(b)

if the Court of Appeal or the Crown Court, no later than the next business day.

(3)

On the review, the court must—

(a)

unless the respondent is absent, repeat the explanations required by rule 48.5(2)(a); and

(b)

allow the respondent a reasonable opportunity to reflect, take advice, explain and, if he or she so wishes, apologise.

(4)

The court may then—

(a)

take no further action in respect of the conduct;

(b)

if a magistrates’ court, enquire into the conduct there and then; or

(c)

if the Court of Appeal or the Crown Court—

(i)

enquire into the conduct there and then, or

(ii)

postpone the enquiry, and order the respondent’s release from such detention in the meantime.

Postponement of enquiry48.7.

(1)

This rule applies where the Court of Appeal or the Crown Court postpones the enquiry.

(2)

The court must arrange for the preparation of a written statement containing such particulars of the conduct in question as to make clear what the respondent appears to have done.

(3)

The court officer must serve on the respondent—

(a)

that written statement;

(b)

notice of where and when the postponed enquiry will take place; and

(c)

a notice that—

(i)

reminds the respondent that the court can impose imprisonment, or a fine, or both, for contempt of court, and

(ii)

warns the respondent that the court may pursue the postponed enquiry in the respondent’s absence, if the respondent does not attend.

Procedure on enquiry48.8.

(1)

At an enquiry, the court must—

(a)

ensure that the respondent understands (with help, if necessary) what is alleged, if the enquiry has been postponed from a previous occasion;

(b)

explain what the procedure at the enquiry will be; and

(c)

ask whether the respondent admits the conduct in question.

(2)

If the respondent admits the conduct, the court need not receive evidence.

(3)

If the respondent does not admit the conduct, the court must consider—

(a)

any statement served under rule 48.7;

(b)

any other evidence of the conduct;

(c)

any evidence introduced by the respondent; and

(d)

any representations by the respondent about the conduct.

(4)

If the respondent admits the conduct, or the court finds it proved, the court must—

(a)

before imposing any punishment for contempt of court, give the respondent an opportunity to make representations relevant to punishment F1and a final opportunity to apologise;

F2(b)

in deciding how to deal with the respondent take into account—

(i)

the gravity of the contempt,

(ii)

the extent of any admission of the conduct and the stage at which that admission was made,

(iii)

any apology and the stage at which that apology was offered, and

(iv)

any period during which the respondent was detained pending the enquiry;

(c)

if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice;

F3(c)

explain, in terms the respondent can understand (with help, if necessary)—

(i)

the reasons for its decision, including its findings of fact, and

(ii)

the punishment it imposes, and its effect; and

F3(d)

if a magistrates’ court, arrange for the preparation of a written record of those findings.

(5)

The court that conducts an enquiry—

(a)

need not include the same member or members as the court that observed the conduct; but

(b)

may do so, unless that would be unfair to the respondent.

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

Initial procedure on failure to comply with court order, etc.48.9.

(1)

This rule applies where—

(a)

a party, or other person directly affected, alleges—

(i)

in the Crown Court, a failure to comply with an order to which applies rule 33.70 (compliance order, restraint order or ancillary order), rule 47.9 (certain investigation orders under the Police and Criminal Evidence Act 19841212, the Terrorism Act 20001213, the Proceeds of Crime Act 20021214, the Proceeds of Crime Act 2002 (External Investigations) Order 20141215 and the Extradition Act 20031216), rule 47.41 (order for retention or return of property under section 59 of the Criminal Justice and Police Act 20011217) or rule 47.58 (order for access under section 18A of the Criminal Appeal Act 19951218),

(ii)

in the Court of Appeal or the Crown Court, any other conduct with which that court can deal as a civil contempt of court, or

(iii)

in the Crown Court or a magistrates’ court, unauthorised use of disclosed prosecution material under section 17 of the Criminal Procedure and Investigations Act 19961219; or

(b)

the court deals on its own initiative with conduct to which paragraph (1)(a) applies.

(2)

Such a party or person must—

(a)

apply in writing and serve the application on the court officer; and

(b)

serve on the respondent—

(i)

the application, and

(ii)

notice of where and when the court will consider the allegation (not less than 10 business days after service).

(3)

The application must—

(a)

identify the respondent;

(b)

explain that it is an application for the respondent to be dealt with for contempt of court;

(c)

contain such particulars of the conduct in question as to make clear what is alleged against the respondent; and

(d)

include a notice warning the respondent that the court—

(i)

can impose imprisonment, or a fine, or both, for contempt of court, and

(ii)

may deal with the application in the respondent’s absence, if the respondent does not attend the hearing.

(4)

A court which acts on its own initiative under paragraph (1)(b) must—

(a)

arrange for the preparation of a written statement containing the same information as an application; and

(b)

arrange for the service on the respondent of—

(i)

that written statement, and

(ii)

notice of where and when the court will consider the allegation (not less than 10 business days after service).

[Note. The conduct to which this rule applies is sometimes described as ‘civil’ contempt of court.

By reason of section 45 of the Senior Courts Act 19811220, the Crown Court has an inherent power to imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, a respondent for conduct in contempt of court by failing to comply with a court order or an undertaking given to the court.

Under section 18 of the Criminal Procedure and Investigations Act 19961221—

(a)

the Crown Court can imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both;

(b)

a magistrates’ court can imprison (for a maximum of 6 months), or fine (to a maximum of £5,000), or both,

a person who uses disclosed prosecution material in contravention of section 17 of that Act. See also rule 15.8.

Under section 89 of the Powers of Criminal Courts (Sentencing) Act 2000, no respondent who is under 21 may be imprisoned for contempt of court. Under section 108 of that Act, a respondent who is at least 18 but under 21 may be detained if the court is of the opinion that no other method of dealing with him or her is appropriate. Under section 14(2A) of the Contempt of Court Act 1981, a respondent who is under 17 may not be ordered to attend an attendance centre.

Under section 258 of the Criminal Justice Act 2003, a respondent who is imprisoned for contempt of court must be released unconditionally after serving half the term.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The rules in Part 4 require that an application under this rule must be served by handing it to the person accused of contempt of court unless the court otherwise directs.]

Procedure on hearing48.10.

(1)

At the hearing of an allegation under rule 48.9, the court must—

(a)

ensure that the respondent understands (with help, if necessary) what is alleged;

(b)

explain what the procedure at the hearing will be; and

(c)

ask whether the respondent admits the conduct in question.

(2)

If the respondent admits the conduct, the court need not receive evidence.

(3)

If the respondent does not admit the conduct, the court must consider—

(a)

the application or written statement served under rule 48.9;

(b)

any other evidence of the conduct;

(c)

any evidence introduced by the respondent; and

(d)

any representations by the respondent about the conduct.

(4)

If the respondent admits the conduct, or the court finds it proved, the court must—

(a)

before imposing any punishment for contempt of court, give the respondent an opportunity to make representations relevant to punishment F5and a final opportunity to apologise;

F6(b)

in deciding how to deal with the respondent take into account—

(i)

the gravity of the contempt,

(ii)

the extent of any admission of the conduct and the stage at which that admission was made, and

(iii)

any apology and the stage at which that apology was offered;

(c)

if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice;

F7(d)

explain, in terms the respondent can understand (with help, if necessary)—

(i)

the reasons for its decision, including its findings of fact, and

(ii)

the punishment it imposes, and its effect; and

F7(e)

F8if a magistrates’ court, arrange for the preparation of a written record of those findings.

Introduction of written witness statement or other hearsay48.11.

(1)

Where rule 48.9 applies, an applicant or respondent who wants to introduce in evidence the written statement of a witness, or other hearsay, must—

(a)

serve a copy of the statement, or notice of other hearsay, on—

(i)

the court officer, and

(ii)

the other party; and

(b)

serve the copy or notice—

(i)

when serving the application under rule 48.9, in the case of an applicant, or

(ii)

not more than 5 business days after service of that application or of the court’s written statement, in the case of the respondent.

(2)

Such service is notice of that party’s intention to introduce in evidence that written witness statement, or other hearsay, unless that party otherwise indicates when serving it.

(3)

A party entitled to receive such notice may waive that entitlement.

[Note. On an application under rule 48.9, hearsay evidence is admissible under the Civil Evidence Act 1995. Section 1(2) of the 1995 Act1222 defines hearsay as meaning ‘a statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matters stated’. Section 13 of the Act1223 defines a statement as meaning ‘any representation of fact or opinion, however made’.

Under section 2 of the 1995 Act1224, a party who wants to introduce hearsay in evidence must give reasonable and practicable notice, in accordance with procedure rules, unless the recipient waives that requirement.]

Content of written witness statement48.12.

(1)

This rule applies to a written witness statement served under rule 48.11.

(2)

Such a written witness statement must contain a declaration by the person making it that it is true to the best of that person’s knowledge and belief.

[Note. By reason of sections 15 and 45 of the Senior Courts Act 19811225, the Court of Appeal and the Crown Court each has an inherent power to imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, for contempt of court a person who, in a written witness statement to which this rule applies, makes, or causes to be made, a false statement without an honest belief in its truth. See also section 14 of the Contempt of Court Act 19811226.]

Content of notice of other hearsay48.13.

(1)

This rule applies to a notice of hearsay, other than a written witness statement, served under rule 48.11.

(2)

Such a notice must—

(a)

set out the evidence, or attach the document that contains it; and

(b)

identify the person who made the statement that is hearsay.

Cross-examination of maker of written witness statement or other hearsay48.14.

(1)

This rule applies where a party wants the court’s permission to cross-examine a person who made a statement which another party wants to introduce as hearsay.

(2)

The party who wants to cross-examine that person must—

(a)

apply in writing, with reasons; and

(b)

serve the application on—

(i)

the court officer, and

(ii)

the party who served the hearsay.

(3)

A respondent who wants to cross-examine such a person must apply to do so not more than 5 business days after service of the hearsay by the applicant.

(4)

An applicant who wants to cross-examine such a person must apply to do so not more than 3 business days after service of the hearsay by the respondent.

(5)

The court—

(a)

may decide an application under this rule without a hearing; but

(b)

must not dismiss such an application unless the person making it has had an opportunity to make representations at a hearing.

[Note. See also section 3 of the Civil Evidence Act 19951227.]

Credibility and consistency of maker of written witness statement or other hearsay48.15.

(1)

This rule applies where a party wants to challenge the credibility or consistency of a person who made a statement which another party wants to introduce as hearsay.

(2)

The party who wants to challenge the credibility or consistency of that person must—

(a)

serve notice of intention to do so on—

(i)

the court officer, and

(ii)

the party who served the hearsay; and

(b)

in it, identify any statement or other material on which that party relies.

(3)

A respondent who wants to challenge such a person’s credibility or consistency must serve such a notice not more than 5 business days after service of the hearsay by the applicant.

(4)

An applicant who wants to challenge such a person’s credibility or consistency must serve such a notice not more than 3 business days after service of the hearsay by the respondent.

(5)

The party who served the hearsay—

(a)

may call that person to give oral evidence instead; and

(b)

if so, must serve notice of intention to do so on—

(i)

the court officer, and

(ii)

the other party

as soon as practicable after service of the notice under paragraph (2).

[Note. Section 5(2) of the Civil Evidence Act 19951228 describes the procedure for challenging the credibility of the maker of a statement of which hearsay evidence is introduced. See also section 6 of that Act1229.

The 1995 Act does not allow the introduction of evidence of a previous inconsistent statement otherwise than in accordance with sections 5, 6 and 7 of the Criminal Procedure Act 18651230.]

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 19961231.

(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 511232 (issue of summons on complaint);

(b)

section 541233 (adjournment);

(c)

section 551234 (non-appearance of defendant);

(d)

section 97(1)1235 (summons to witness);

(e)

section 121(1)1236 (constitution and place of sitting of court); and

(f)

section 1231237 (defect in process).

(4)

Section 127 of the 1980 Act1238 (limitation of time) does not apply.

[Note. Under section 19(3) of the Criminal Procedure and Investigations Act 19961239, Criminal Procedure Rules may contain provisions equivalent to those contained in Schedule 3 to the Contempt of Court Act 19811240 (which allows magistrates’ courts in cases of contempt of court to use certain powers such courts possess in other cases).]

Court’s power to vary requirements48.17.

(1)

The court may shorten or extend (even after it has expired) a time limit under rule 48.11, 48.14 or 48.15.

(2)

A person who wants an extension of time must—

(a)

apply when serving the statement, notice or application for which it is needed; and

(b)

explain the delay.