OpenLegislation

Section 118 Power to commit for contempt.C1C2

England and Wales

C3(1)

If any person—

(a)

wilfully insults F1a judge of F2the county court , or any juror or witness, or any officer of the court during his sitting or attendance in court, or in going to or returning from the court; or

(b)

wilfully interupts the proceedings of the county court or otherwise misbehaves in court;

any officer of the court, with or without the assistance of any other person, may, by order of the judge, take the offender into custody and detain him until the rising of the court, and the judge may, if he thinks fit,—

(i)

make an order committing the offender for a specified period not exceeding one month to . . . F3prison . . . ; or

(ii)

impose upon the offender, for every offence, a fine of an amount not exceeding F4£2, 500 or may both make such an order and impose such a fine.

(2)

F5A judge of the county court may at any time revoke an order committing a person to prison under this section and, if he is already in custody, order his discharge.

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in s. 118(1)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(54)(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F2

Words in ss. 36-147 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(1)(b); S.I. 2014/954, art. 2(c) (with art. 3 and with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3

Words repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. I

F4

Words in s. 118(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt. I (with s. 28); S.I. 1992/333, art. 2(2), Sch.2

F5

Words in s. 118(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(54)(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F6

S. 118(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 10(54)(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications

C1

S. 118 modified (14.10.1991) by S.I. 1991/1247, r. 7.2(4)

C2

S. 118 modified (6.4.2011) by The Family Procedure Rules 2010 (S.I. 2010/2955), rule 33.8

C3

Power to amend s. 118(1) conferred (1.10.1992) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 143(3), Sch. 6A (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 17(3), Sch. 4 Pt. IV (with s. 28); S.I. 1992/333, art. 2(2), Sch.2)