Act of Sederunt (Contempt of Court in Civil Proceedings) 2011

EXPLANATORY NOTE

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

This Act of Sederunt provides procedure for certain contempt of court proceedings in the Court of Session and the sheriff court.

Rules 2 and 3 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 any jury and those cited for jury service.

Rule 4 provides that 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 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 session no later than 24 hours before the contempt hearing.

Rule 6 provides that where there are to be criminal proceedings in relation to the alleged contempt the proceeding under the Act of Sederunt shall cease.

Rules 7 and 8 make provision for the contempt hearing. It provides that the other court must hear the relevant person and may hear any relevant witnesses and consider any documents that it considers to be relevant in making its determination and any disposal.

Rule 9 makes provision for the relevant person to appeal to the Inner House against a decision to remand him or her in custody. Rule 10 requires the contempt hearing to be recorded and rule 11 requires proceedings to be minuted.