Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Contempt of Court) 2009

EXPLANATORY NOTE

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Criminal Procedure Rules 1996 to provide procedure for certain contempt of court proceedings.

Paragraph 2 inserts a new Chapter 29B. Rules 29B.1 and 29B.2 provide that this Chapter applies only to contempts that are directed at a member of the court personally or to any other contempt that it would not be appropriate for that court to deal with and that all steps in relation to such a contempt should be dealt with outwith the presence of the jury and those cited for jury service.

Rule 29B.3 provides that the court must ascertain from the prosecutor whether he or she intends to bring a criminal prosecution and, if so, the court is to take no further action in relation to the contempt.

Rule 29B.4 provides that where the prosecutor does not intend to bring criminal proceedings in relation to the alleged contempt, the court shall fix a diet for the matter to be heard by a differently constituted court. At the same time, the court must advise the relevant person that legal aid is available for legal advice and representation and may exercise its power to remand that person in custody.

Rule 29B.5 provides that the first court shall prepare a statement of the relevant facts and this must be provided to the relevant person and the other court by the clerk of court no later than 24 hours before the contempt hearing.

Rule 29B.6 makes provision for the contempt hearing. It provides that the other court must hear the relevant person and may hear any witnesses and consider any documents that it considers to be relevant in making its determination and any disposal.

Rule 29B.7 makes provision for adjournment. Rule 29B.8 makes provision for the relevant person to appeal to the High Court against a decision to remand him or her in custody.