Rule 48.4 Application to discharge an order for imprisonmentI1

England and Wales

(1)

This rule applies where the court can discharge an order for a respondent’s imprisonment for contempt of court.

(2)

A respondent who wants the court to discharge such an order must—

(a)

apply in writing, unless the court otherwise directs, and serve any written application on—

(i)

the court officer, and

(ii)

any applicant under rule 48.9 on whose application the respondent was imprisoned;

(b)

in the application—

(i)

explain why it is appropriate for the order for imprisonment to be discharged, and

(ii)

give details of any appeal, and its outcome; and

(c)

ask for a hearing, if the respondent wants one.

[Note. By reason of sections 15 and 45 of the Senior Courts Act 1981, the Court of Appeal and the Crown Court each has an inherent power to discharge an order for a respondent’s imprisonment for contempt of court in failing to comply with a court order.

Under section 97(4) of the Magistrates’ Courts Act 1980^f1, a magistrates’ court can discharge an order for imprisonment if the respondent gives evidence.

Under section 12(4) of the Contempt of Court Act 1981^f2, a magistrates’ court can discharge an order for imprisonment made under that section.]

Annotations

Commencement

I1: Rule 48.4 in force at 6.10.2025, see Preamble

Footnotes

f1: 1980 c. 43; section 97(4) was amended by sections 13 and 14 of, and paragraph 7 of Schedule 2 to, the Contempt of Court Act 1981 (c. 47) and section 17 of, and paragraph 6 of Schedule 3 and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53).
f2: 1981 c. 49.