Rule 48.9 Initial procedure on failure to comply with court order, etc.I1

England and Wales

(1)

This rule applies where—

(a)

a party, or other person directly affected, alleges—

(i)

in the Crown Court, a failure to comply with an order to which applies rule 33.64 (compliance order, restraint order or ancillary order), rule 47.9 (certain investigation orders under the Police and Criminal Evidence Act 1984^f1, the Terrorism Act 2000^f2, the Proceeds of Crime Act 2002^f3, the Proceeds of Crime Act 2002 (External Investigations) Order 2014^f4 and the Extradition Act 2003^f5), rule 47.41 (order for retention or return of property under section 59 of the Criminal Justice and Police Act 2001^f6) or rule 47.58 (order for access under section 18A of the Criminal Appeal Act 1995^f7),

(ii)

in the Court of Appeal or the Crown Court, any other conduct with which that court can deal as a civil contempt of court, or

(iii)

in the Crown Court or a magistrates’ court, unauthorised use of disclosed prosecution material under section 17 of the Criminal Procedure and Investigations Act 1996^f8; or

(b)

the court deals on its own initiative with conduct to which paragraph (1)(a) applies.

(2)

Such a party or person must—

(a)

apply in writing and serve the application on the court officer; and

(b)

serve on the respondent—

(i)

the application, and

(ii)

notice of where and when the court will consider the allegation (not less than 10 business days after service).

(3)

The application must—

(a)

identify the respondent;

(b)

explain that it is an application for the respondent to be dealt with for contempt of court;

(c)

contain such particulars of the conduct in question as to make clear what is alleged against the respondent; and

(d)

include a notice warning the respondent that the court—

(i)

can impose imprisonment, or a fine, or both, for contempt of court, and

(ii)

may deal with the application in the respondent’s absence, if the respondent does not attend the hearing.

(4)

A court which acts on its own initiative under paragraph (1)(b) must—

(a)

arrange for the preparation of a written statement containing the same information as an application; and

(b)

arrange for the service on the respondent of—

(i)

that written statement, and

(ii)

notice of where and when the court will consider the allegation (not less than 10 business days after service).

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

By reason of section 45 of the Senior Courts Act 1981^f9, the Crown Court has an inherent power to imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both, a respondent for conduct in contempt of court by failing to comply with a court order or an undertaking given to the court.

Under section 18 of the Criminal Procedure and Investigations Act 1996^f10—

(a)

the Crown Court can imprison (for a maximum of 2 years), or fine (to an unlimited amount), or both;

(b)

a magistrates’ court can imprison (for a maximum of 6 months), or fine (to a maximum of £5,000), or both,

a person who uses disclosed prosecution material in contravention of section 17 of that Act. See also rule 15.8.

Under section 227(2) of the Sentencing Act 2020^f11, 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^f12 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, a respondent who is imprisoned for contempt of court must be released unconditionally after serving half the term.

The rules in Part 4 require that an application under this rule must be served by handing it to the person accused of contempt of court unless the court otherwise directs.]

Annotations

Commencement

I1: Rule 48.9 in force at 6.10.2025, see Preamble

Footnotes

f1: 1984 c. 60.
f2: 2000 c. 11.
f3: 2002 c. 29.
f4: S.I. 2014/1893.
f5: 2003 c. 41.
f6: 2001 c. 16; section 59 was amended by section 82 of the Deregulation Act 2015 (c. 20).
f7: 1995 c. 35; section 18A was inserted by section 1 of the Criminal Cases Review Commission (Information) Act 2016 (c. 17).
f8: 1996 c. 25; section 17 was amended by section 331 of, and paragraphs 20 and 33 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44).
f9: 1981 c. 54.
f10: 1996 c. 25.
f11: 2020 c. 17.
f12: 2000 c. 6; section 108 was amended by section 416 of, and paragraph 163 of Schedule 24 to, the Sentencing Act 2020 (c. 17).