Part 13

Discipline: Miscellaneous and Supplementary
Chapter 2

Contempt of Court

Certification to civil courts
311
1
This section applies if, in relation to proceedings before a qualifying service court, a person within section 309(6) does any act (“the offence”) that would constitute contempt of court if the proceedings were before a court having power to commit for contempt.
2
The qualifying service court, unless it has exercised any power conferred by section 309 in relation to the offence, may certify the offence—
a
if it took place in a part of the United Kingdom, to any court of law in that part of the United Kingdom which has power to commit for contempt;
b
if it took place outside the United Kingdom, to the High Court in England and Wales.
3
The court to which the offence is certified may inquire into the matter, and after hearing—
a
any witness who may be produced against or on behalf of the person, and
b
any statement that may be offered in defence,
may deal with him in any way in which it could deal with him if the offence had taken place in relation to proceedings before that court.
4
Where under this section a qualifying service court certifies an offence, it may not exercise any power conferred by section 309 in relation to the offence.
5
In this section—
- “qualifying service court” has the same meaning as in section 309;
- “act” includes an omission and references to the doing of an act are to be read accordingly.
S. 311 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)
S. 311 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4