Rule 48.5 Initial procedure on obstruction, disruption, etc.I1

England and Wales

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

rule 48.5(1)(b)(iii) inserted by Criminal Procedure 2026 rule 18(a)(i)(cc)
rule 48.5(1)(b(ii) word inserted by Criminal Procedure 2026 rule 18(a)(i)(bb)
rule 48.5(1)(b(i) word omitted by Criminal Procedure 2026 rule 18(a)(i)(aa)
rule 48.5 Note words inserted by Criminal Procedure 2026 rule 18(a)(ii)

(1)

This rule applies where the court observes, or someone reports to the court—

(a)

in the Court of Appeal or the Crown Court, obstructive, disruptive, insulting or intimidating conduct, in the courtroom or in its vicinity, or otherwise immediately affecting the proceedings;

(b)

in the Crown Court, a contravention of—

(i)

section 3 of the Criminal Procedure (Attendance of Witnesses) Act 1965^f1 (disobeying a witness summons), or

(ii)

section 20 of the Juries Act 1974^f2 (disobeying a jury summons);

(c)

in a magistrates’ court, a contravention of—

(i)

section 97(4) of the Magistrates’ Courts Act 1980 (refusing to give evidence), or

(ii)

section 12 of the Contempt of Court Act 1981^f3 (insulting or interrupting the court, etc.);

(d)

a contravention of section 9 of the Contempt of Court Act 1981^f4 (Use of tape recorders);

(e)

a contravention of section 41 of the Criminal Justice Act 1925^f5 (Prohibition on taking photographs, etc, in court); or

(f)

any other conduct with which the court can deal as, or as if it were, a criminal contempt of court, except failure to surrender to bail under section 6 of the Bail Act 1976^f6.

(2)

If it is necessary in the interests of justice to deal there and then with conduct to which this rule applies, the court must—

(a)

unless the respondent’s behaviour makes it impracticable to do so, explain, in terms the respondent can understand (with help, if necessary)—

(i)

the conduct that is in question,

(ii)

that the court can impose imprisonment, or a fine, or both, for such conduct,

(iii)

(where relevant) that the court has power to order the respondent’s immediate temporary detention, if in the court’s opinion that is required,

(iv)

that the respondent may explain the conduct,

(v)

that the respondent may apologise, if the respondent so wishes, which may persuade the court to take no further action, and

(vi)

that the respondent may take legal advice; and

(b)

allow the respondent a reasonable opportunity to reflect, take advice, explain and, if the respondent so wishes, apologise.

(3)

After allowing that opportunity—

(a)

the court may enquire into the conduct at once;

(b)

the court may postpone the enquiry—

(i)

if a magistrates’ court, only until later the same day, or

(ii)

if the Court of Appeal or the Crown Court, until a date and time fixed by the court for the respondent to surrender to the court’s custody;

(c)

if the conduct appears to contravene section 9 of the Contempt of Court Act 1981^f7 (recording) or section 41 of the Criminal Justice Act 1925 (photography), the court may—

(i)

at once require the respondent to erase the recording or photograph immediately,

(ii)

explain the power of a court security officer to seize an article under section 54 of the Courts Act 2003^f8 (Surrender and seizure of articles), and

(iii)

explain the power of the court to order the forfeiture and disposal of an instrument under section 9(3) of the Contempt of Court Act 1981; or

(d)

the court may take no further action in respect of the conduct.

(4)

In the Crown Court, if it is not necessary in the interests of justice to deal there and then with the conduct the court must instead—

(a)

direct the court officer to report the incident to a Presiding Judge; and

(b)

unless the respondent’s behaviour makes it impracticable to do so, explain in terms the respondent can understand (with help, if necessary), that—

(i)

the incident will be considered by a Presiding Judge,

(ii)

the outcome may be prosecution or proceedings for contempt of court, which may lead to imprisonment, or to a fine, or both,

(iii)

the respondent may explain the conduct and may apologise, if the respondent so wishes, which may affect the outcome, and

(iv)

the respondent may take legal advice.

[Note. The conduct to which this rule applies is sometimes described as ‘criminal’ contempt of court.

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 powerto imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, a respondent for contempt of court for the conduct listed in paragraph (1)(a), (b), (d) F1, (e) or (f). See also section 14 of the Contempt of Court Act 1981^f9.

Under section 97(4) of the Magistrates’ Courts Act 1980, and under sections 12 and 14 of the Contempt of Court Act 1981, a magistrates’ court can imprison (for a maximum of 1 month), or fine (to a maximum of £2,500), or both, a respondent who contravenes a provision listed in paragraph (1)(c) or (d). Section 12(1) of the 1981 Act allows the court to deal with any person who—

(a)

wilfully insults the justice or justices, any witness before or officer of the court or any solicitor or counsel having business in the court, during his or their sitting or attendance in court or in going to or returning from the court; or

(b)

wilfully interrupts the proceedings of the court or otherwise misbehaves in court.

Under section 227(2) of the Sentencing Act 2020^f10, the committal to custody of a person aged under 21 is generally prohibited but section 108 of the Powers of Criminal Courts (Sentencing) Act 2000^f11 allows the court to commit to detention a person aged at least 18 but under 21 if it is of the opinion that no other method of dealing with that person is appropriate.

Under section 258 of the Criminal Justice Act 2003^f12, a respondent who is imprisoned for contempt of court must be released unconditionally after serving half the term.

Under sections 14, 15 and 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012^f13, the respondent may receive advice and representation in “proceedings for contempt committed, or alleged to have been committed, by an individual in the face of the court”.

By reason of sections 15 and 45 of the Senior Courts Act 1981^f14, the Court of Appeal and the Crown Court each has (i) an inherent power temporarily to detain a respondent, for example to restore order, when dealing with obstructive, disruptive, insulting or intimidating conduct, and (ii) an inherent power to grant bail, subject to the obligation to attend the enquiry and subject to the same principles that apply to bail in a prosecution. Under section 12(2) of the Contempt of Court Act 1981^f15, a magistrates’ court can temporarily detain a respondent until later the same day on a contravention of that section.

Part 14 contains rules about bail.

Under section 53(2) of the Courts Act 2003^f16, a court security officer may restrain any person in a court building, or exclude or remove any person from a court building, if that is reasonably necessary to enable court business to be carried on without interference or delay, to maintain order, or to secure the safety of any person in the building. Under section 53(4) of that Act a court security officer acting in the execution of that officer’s duty may remove any person from a courtroom at the request of a judge or a justice of the peace.

Under section 54 of the Courts Act 2003, a court security officer must ask a person in a court building to surrender any article that the officer reasonably believes (a) may jeopardise the maintenance of order in the court building or a part of it, (b) may put the safety of any person in the court building at risk, or (c) may be evidence of, or in relation to, an offence. If that person refuses to surrender that article the officer may seize it.

Under section 9(3) of the Contempt of Court Act 1981, the court may order the forfeiture of a recording instrument brought into court without the court’s permission, and any recording made with it, and may direct the manner of its disposal. The object forfeited must be disposed of in this manner, unless the court otherwise determines on application by the owner.

Presiding Judges are appointed from among High Court judges under section 72 of the Courts and Legal Services Act 1990^f17.]

Annotations

Textual amendments

F1: Words in rule 48.5 Note substituted (23.2.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rule 2, Sch. para. 14

Commencement

I1: Rule 48.5 in force at 6.10.2025, see Preamble

Footnotes

f1: 1965 c. 69; section 3 was amended by section 56 of, and Part IV of Schedule 11 to, the Courts Act 1971 (c. 23) and sections 65 and 66 of the Criminal Procedure and Investigations Act 1996 (c. 25).
f2: 1974 c. 23; section 20 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), section 170(1) of, and paragraph 46 of Schedule 15 to, the Criminal Justice Act 1988 (c. 33), paragraph 28 of Schedule 10 to the Criminal Justice and Public Order Act 1994 (c. 33) and paragraphs 1 and 14 of Schedule 33 to the Criminal Justice Act 2003 (c. 44).
f3: 1981 c. 49; section 12 was amended by section 78 of, and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), section 17(3) of, and Part I of Schedule 4 to, the Criminal Justice Act 1991 (c. 53); section 65(3) and (4) of, and paragraph 6(4) of Schedule 3 to, the Criminal Justice Act 1993 (c. 36) and section 165 of, and paragraph 83 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
f4: 1981 c. 49.
f5: 1925 c. 86; section 41 was amended by section 56 of, and Schedule 11 to, the Courts Act 1971 (c. 23), sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), section 47 of the Constitutional Reform Act 2005 (c. 4), section 32 of the Crime and Courts Act 2013 (c. 22) and section 198 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).
f6: 1976 c. 63; section 6 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), section 109 of, and paragraph 184 of Schedule 8 to, the Courts Act 2003 (c. 39) and section 15 of, and paragraph 48(1), (4) of Schedule 3 to, the Criminal Justice Act 2003 (c. 44).
f7: 1981 c. 49; section 9 was amended by sections 31 and 32 of the Crime and Courts Act 2013 (c. 22) and section 198 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).
f8: 2003 c. 39.
f9: 1981 c. 49; section 14 was amended by sections 77 and 78 of, and paragraph 60 of Schedule 14 and Schedule 16 to, the Criminal Justice Act 1982 (c. 48), section 65 of, and paragraphs 59 and 60 of Schedule 3 to, the Mental Health (Amendment) Act 1982 (c. 51), section 148 of, and paragraph 57 of Schedule 4 to, the Mental Health Act 1983 (c. 20), section 1 of the County Courts (Penalties for Contempt) Act 1983 (c. 45), section 17 of, and Parts I and V of Schedule 4 to, the Criminal Justice Act 1991 (c. 53), section 65 of, and paragraph 6 of Schedule 3 to, the Criminal Justice Act 1993 (c. 36), section 165 of, and paragraph 84 of Schedule 9 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 1 of, and paragraph 19 of Schedule 1 to, the Mental Health Act 2007 (c. 12) and section 17 of, and paragraph 52 of Schedule 9 and paragraph 53 of Schedule 10 to, the Crime and Courts Act 2013 (c. 22). It is further amended by sections 6 and 149 of, and paragraph 25 of Schedule 4 and Part 1 of Schedule 28 to, the Criminal Justice and Immigration Act 2008 (c. 4), with effect from a date to be appointed.
f10: 2020 c. 17.
f11: 2000 c. 6; section 108 was amended by section 416 of, and paragraph 163 of Schedule 24 to, the Sentencing Act 2020 (c. 17).
f12: 2003 c. 44; section 258 was amended by article 3 of S.I. 2005/643, section 34 of the Police and Justice Act 2006 (c. 4) and sections 117 and 121 of, and paragraphs 1 and 5 of Schedule 17 and paragraphs 1 and 8 of Schedule 20 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
f13: 2012 c. 10.
f14: 1981 c. 54.
f15: 1981 c. 49; section 12(2) was amended by Part I of Schedule 4 to the Criminal Justice Act 1991 (c. 53).
f16: 2003 c. 39.
f17: 1990 c. 41; section 72 was amended by section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).