Section 13 Appeal in cases of contempt of court.C3F1
England, Wales and Northern Ireland
Subject to the provisions of this section, an appeal shall lie under this section from any order or decision of a court in the exercise of jurisdiction to punish for contempt of court (including criminal contempt); and in relation to any such order or decision the provisions of this section shall have effect in substitution for any other enactment relating to appeals in civil or criminal proceedings.
An appeal under this section shall lie in any case at the instance of the defendant and, in the case of an application for committal or attachment, at the instance of the applicant; and the appeal shall lie—
from an order or decision of any inferior court not referred to in the next following paragraph, to F2 . . . the High Court;
from an order or decision of F3the county court or any other inferior court from which appeals generally lie to the Court of Appeal, and from an order or F4decision (other than a decision on an appeal under this section) of a single judge of the High Court, or of any court having the powers of the High Court or of a judge of that court, to the Court of Appeal;
from an order or decision of the Crown Court to the Court of Appeal.
F7from a decision of a single judge of the High Court on an appeal under this section,from an order or decision of a Divisional Court or the Court of Appeal (including a decision of either of those courts on an appeal under this section), and from an order or decision (except one made in Scotland or Northern Ireland) of the Court Martial Appeal Court, to the F8 Supreme Court.
Paragraphs (a) to (c) of subsection (2) of this section do not apply in relation to appeals under this section from an order or decision of the family court, but (subject to any provision made under section 56 of the Access of Justice Act 1999 or by or under any other enactment) such an appeal shall lie to the Court of Appeal.
The court to which an appeal is brought under this section may reverse or vary the order or decision of the court below, and make such other order as may be just; and without prejudice to the inherent powers of any court referred to in subsection (2) of this section, provision may be made by F10 rules of court rules made under section seven of the M1 Northern Ireland Act 1962 for authorising the release on bail of an appellant under this section.
Subsections (2) to (4) of section one and section two of this Act shall apply to an appeal toF11the Supreme Court under this section as they apply to an appeal to the Supreme Court under the said section one, except that so much of the said subsection (2) as restricts the grant of leave to appeal shall apply only where the decision of the court below is a decision on appeal to that court under this section.
In this section “ court ” includes any tribunal or person having power to punish for contempt; and references in this section to an order or decision of a court in the exercise of jurisdiction to punish for contempt of court include references—
to an order or decision of the county court, or of any court having the powers of the county court, under F15section 14, 92 or 118 of the County Courts Act 1984;
to an order or decision of a magistrates’ court under F16subsection (3) of section 63 of the Magistrates’ Courts Act 1980 ,
to an order or decision (except one made in Scotland or Northern Ireland) of the Court Martial, the Summary Appeal Court or the Service Civilian Court under section 309 of the Armed Forces Act 2006,
but do not include references to orders under section five of the M2 Debtors Act 1869, or under any provision of the Magistrates’ Court Act 1980 , or the M3 County Courts Act F17 1984 , except those referred to in paragraphs (b) and (c) of this subsection and except F18 sections 38 and 142 of the last mentioned Act so far as those sections confer jurisdiction in respect of contempt of court.
Annotations
Textual amendments
- F1
Ss. 6 , 9 , 13 , 15 , 17(1)(3)(4) , 18(3) repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38) , Sch. 6 para. 13 , Sch. 7 Pt. I
- F2
Words in s. 13(2)(a) repealed (27.9.1999) by 1999 c. 22 , ss. 64 (1)(2), 106, 108(3), Sch. 15 Pt. III (with s. 107 and Sch. 14 paras. 7(2), 36(9)).
- F3
Words in ss. 12, 13 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F4
Words in s. 13(2)(b) substituted (27.9.1999) by 1999 c. 22 , ss. 64(1)(3) , 108(3) (with s. 107 and Sch. 14 para.7(2) )
- F5
S. 13(2)(bb) inserted by Courts Act 1971 (c. 23) , Sch. 8 Pt. II para. 40(1)
- F6
Words in s. 13(2)(c) substituted (28.3.2009 for specified purposes and 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 45(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F7
Words in s. 13(2)(c) inserted (27.9.1999) by 1999 c. 22 , ss. 64(1)(4) , 108(3) (with s. 107 and Sch. 14 para. 7(2) ).
- F8
Words in s. 13(2)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 13(7)(a); S.I. 2009/1604, art. 2(d)
- F9
S. 13(2A) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 15(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F10
Words “rules” to “1962” substituted for words “rules of court” in application of s. 13 to N.I. by Northern Ireland Act 1962 (c. 30) , Sch. 1 Pt. I
- F11
Words in s. 13(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 13(7)(b); S.I. 2009/1604, art. 2(d)
- F12
S. 13(5)(d) inserted (28.3.2009 for specified purposes and 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 45(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
- F13
Words in s. 13(5)(a) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 15(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
- F14
Words inserted by Courts Act 1971 (c. 23) , Sch. 8 Pt. II para. 40(2)
- F15
Words substituted by County Courts Act 1984 (c. 28, SIF 34) , s. 148(1) , Sch. 2 Pt. V para. 25 ( a )
- F16
Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82) , s. 154(1) , Sch. 7 para. 36
- F17
Words substituted by County Courts Act 1984 (c. 28, SIF 34) , s. 148(1) , Sch. 2 Pt. V para. 25 ( b )
- F18
Words substituted by County Courts Act 1984 (c. 28, SIF 34) , s. 148(1) , Sch. 2 Pt. V para. 25 ( c )
- F19
Words substituted by Criminal Appeal Act 1968 (c. 19) , Sch. 5
- F20
Words repealed by Supreme Court Act 1981 (c. 54, SIF 37) , s. 152(4) , Sch. 7
Marginal citations
- M1
- M2
- M3
- M4
Modifications
- C1
Reference to the Court of Appeal to be construed as reference to the civil division of the Court of Appeal as mentioned in Criminal Appeal Act 1966 (c. 31) , s. 1(6) ( c )
- C2
Reference to Court of Criminal Appeal to be construed as reference to the criminal division of the Court of Appeal as mentioned in Criminal Appeal Act 1966 (c. 31) , s. 1(6) ( a )
- C3
S. 13 extended (E.W.) by Attachment of Earnings Act 1971 (c. 32) , s. 23(9)
Notes on Contempt of court, habeas corpus and certiorari
Textual amendments
- F1
Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13