Rule 1
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(1)
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The power of the High Court or Court of Appeal to
punish for contempt of court may be exercised by an order of committal.
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(2)
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Where contempt of court -- is committed in connection with
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- any proceedings before a Divisional
Court of the Queens Bench Division; or
- criminal proceedings, except where the
contempt is committed in the face of the court or consists of disobedience to
an order of the court or a breach of an undertaking to the court; or
- proceedings in an inferior court;
or
- is committed otherwise than in connection
with any proceedings, then, subject to paragraph (4), an order of committal may
be made only by a Divisional Court of the Queens Bench Division.
This paragraph shall not apply in relation to
contempt of the Court of Appeal.
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(3)
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Where contempt of court is committed in connection
with any proceedings in the High Court, then, subject to paragraph (2), an
order of committal may be made by a single judge of the Queens Bench
Division except where the proceedings were assigned or subsequently transferred
to some other Division, in which case the order may be made only by a single
judge of that other Division.
The reference in this paragraph to a single judge
of the Queens Bench Division shall, in relation to proceedings in any
court the judge or judges of which are, when exercising the jurisdiction of
that court, deemed by virtue of any enactment to constitute a court of the High
Court, be construed as a reference to a judge of that court.
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(4)
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Where by virtue of any enactment the High Court has
power to punish or take steps for the punishment of any person charged with
having done anything in relation to a court, tribunal or person which would, if
it had been done in relation to the High Court, have been a contempt of that
court, an order of committal may be made by a single judge of the Queens
Bench Division.
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Rule 2
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(1)
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No application to a Divisional Court for an order
of committal against any person may be made unless permission to make such an
application has been granted in accordance with this rule.
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(2)
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An application for such permission must be made
without notice to a Divisional Court, except in vacation when it may be made to
a judge in chambers and must be supported by a statement setting out the name
and description of the applicant, the name, description and address of the
person sought to be committed and the grounds on which his committal is sought,
and by an affidavit, to be filed before the application is made, verifying the
facts relied on.
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(3)
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The applicant must give notice of the application
for permission not later than the preceding day to the Crown Office and must at
the same time lodge in that office copies of the statement and
affidavit.
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(4)
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Where an application for permission under this rule
is refused by a judge in chambers, the applicant may make a fresh application
for such permission to a Divisional Court.
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(5)
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An application made to a Divisional Court by virtue
of paragraph (4) must be made within 8 days after the judges refusal to
give permission or, if a Divisional Court does not sit within that period, on
the first day on which it sits thereafter.
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Rule 3
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(1)
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When permission has been granted under rule 2 to
apply for an order of committal, the application for the order must be made to
a Divisional Court and, unless the court or judge granting permission has
otherwise directed, there must be at least 14 clear days between the service of
the claim form and the day named therein for the hearing.
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(2)
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Unless within 14 days after such permission was
granted, the claim form is issued the permission shall lapse.
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(3)
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Subject to paragraph 4, the claim form, accompanied
by a copy of the statement and affidavit in support of the application for
permission, must be served personally on the person sought to be
committed.
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(4)
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Without prejudice to the powers of the court or
judge under Part 6 of the CPR, the court or judge may dispense with service
under this rule if it or he thinks it just to do so.
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Rule 4
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(1)
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Where an application for an order of committal may
be made to a court other than a Divisional Court, the application must be made
by claim form or application notice and be supported by an affidavit.
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(2)
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Subject to paragraph (3) the claim form or
application notice, stating the grounds of the application and accompanied by a
copy of the affidavit in support of the application, must be served personally
on the person sought to be committed.
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(3)
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Without prejudice to its powers under Part 6 of the
CPR, the court may dispense with service under this rule if it thinks it just
to do so.
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(4)
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This rule does not apply to committal applications
which under rules 1(2) and 3(1) should be made to a Divisional Court but which,
in vacation, have been properly made to a single judge in accordance with RSC
Order 64, rule 4.
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Rule 6
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(1)
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Subject to paragraph (2), the court hearing an
application for an order of committal may sit in private in the following
cases, that is to say -- where the application arises out of
proceedings relating to the wardship or adoption of an infant or wholly or
mainly to the guardianship, custody, maintenance or upbringing of an infant, or
rights of access to an infant;
- where the application arises out of
proceedings relating to a person suffering or appearing to be suffering from
mental disorder within the meaning of the Mental Health Act 1983
(13)
;
- where the application arises out of
proceedings in which a secret process, discovery or invention was in
issue;
- where it appears to the court that in the
interests of the administration of justice or for reasons of national security
the application should be heard in private;
but, except as aforesaid, the application shall be
heard in public.
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(2)
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If the court hearing an application in private by
virtue of paragraph (1) decides to make an order of committal against the
person sought to be committed, it shall in public state -- the name of that person;
- in general terms the nature of the contempt
of court in respect of which the order of committal is being made; and
- the length of the period for which he is
being committed.
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(3)
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Except with the permission of the court hearing an
application for an order of committal, no grounds shall be relied upon at the
hearing except the grounds set out in the statement under rule 2 or, as the
case may be, in the claim form or application notice under rule 4.
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(4)
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If on the hearing of the application the person
sought to be committed expresses a wish to give oral evidence on his own
behalf, he shall be entitled to do so.
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