Rule 48.8 Procedure on enquiryI1
England and Wales
At an enquiry, the court must—
ensure that the respondent understands (with help, if necessary) what is alleged, if the enquiry has been postponed from a previous occasion;
explain what the procedure at the enquiry will be; and
ask whether the respondent admits the conduct in question.
If the respondent admits the conduct, the court need not receive evidence.
If the respondent does not admit the conduct, the court must consider—
any statement served under rule 48.7;
any other evidence of the conduct served under that rule;
any evidence introduced by the respondent; and
any representations by the respondent about the conduct.
If the respondent admits the conduct, or the court finds it proved, the court must—
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;
in deciding how to deal with the respondent take into account—
the gravity of the contempt,
the extent of any admission of the conduct and the stage at which that admission was made,
any apology and the stage at which that apology was offered, and
any period during which the respondent was detained pending the enquiry;
if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice;
explain, in terms the respondent can understand (with help, if necessary)—
the reasons for its decision, including its findings of fact, and
the punishment it imposes, and its effect; and
if a magistrates’ court, arrange for the preparation of a written record of those findings.
The court that conducts an enquiry—
need not include the same member or members as the court that observed the conduct; but
may do so, unless that would be unfair to the respondent.