OpenLegislation

Rule 48.8 Procedure on enquiryI1

England and Wales

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

(1)

At an enquiry, the court must—

(a)

ensure that the respondent understands (with help, if necessary) what is alleged, if the enquiry has been postponed from a previous occasion;

(b)

explain what the procedure at the enquiry 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)

any statement served under rule 48.7;

(b)

any other evidence of the conduct served under that rule;

(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,

(iii)

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

(iv)

any period during which the respondent was detained pending the enquiry;

(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.

(5)

The court that conducts an enquiry—

(a)

need not include the same member or members as the court that observed the conduct; but

(b)

may do so, unless that would be unfair to the respondent.

Annotations

Commencement

I1

Rule 48.8 in force at 6.10.2025, see Preamble