Rule 48.10 Procedure on hearingI1

England and Wales As made

(1)

At the hearing of an allegation under rule 48.9, the court must—

(a)

ensure that the respondent understands (with help, if necessary) what is alleged;

(b)

explain what the procedure at the hearing will be; and

(c)

ask whether the respondent admits the conduct in question.

(2)

If the respondent admits the conduct, the court need not receive evidence.

(3)

If the respondent does not admit the conduct, the court must consider—

(a)

the application or written statement served under rule 48.9;

(b)

any other evidence of the conduct;

(c)

any evidence introduced by the respondent; and

(d)

any representations by the respondent about the conduct.

(4)

If the respondent admits the conduct, or the court finds it proved, the court must—

(a)

before imposing any punishment for contempt of court, give the respondent an opportunity to make representations relevant to punishment and a final opportunity to apologise;

(b)

in deciding how to deal with the respondent take into account—

(i)

the gravity of the contempt,

(ii)

the extent of any admission of the conduct and the stage at which that admission was made, and

(iii)

any apology and the stage at which that apology was offered;

(c)

if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice;

(d)

explain, in terms the respondent can understand (with help, if necessary)—

(i)

the reasons for its decision, including its findings of fact, and

(ii)

the punishment it imposes, and its effect; and

(e)

if a magistrates’ court, arrange for the preparation of a written record of those findings.

Annotations

Commencement

I1: Rule 48.10 in force at 6.10.2025, see Preamble