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Paragraph 29B.4 Procedure where the prosecutor does not intend to bring criminal proceedingsF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where the prosecutor has indicated that he does not intend to bring criminal proceedings, the court (“the first court”) shall fix a diet for a hearing of the matter (“the contempt hearing”) by a differently constituted court (“the other court”).

(2)

The diet shall be fixed to take place no later than the third court day following the date on which the alleged contempt occurred.

(3)

At the same time as fixing the diet for the contempt hearing, the first court shall—

(a)

advise the relevant person that legal aid is available for legal advice and assistance;

(b)

ascertain the relevant person’s current address; and

(c)

either—

(i)

ordain the relevant person to appear at the contempt hearing; or

(ii)

exercise its power to remand that person in custody until that hearing.

Annotations

Textual amendments

F1

Sch. 2 Ch. 29B inserted (5.8.2009) by Act of Adjournal (Criminal Procedure Rules Amendment No. 2) (Contempt of Court) 2009 (S.S.I. 2009/243), paras. 1(1), 2