Order 35 — Committal for Contempt of Court

(1) The power of the Court to punish for contempt of court may be exercised by an order of committal.

(2) An order of committal may be made by the Court where contempt of Court is committed:

(a) in connection with any:

(i) proceeding before the Court, or

(ii) a criminal proceeding;

(b) in the face of the Court, or consist of disobedience to an order of the Court or a breach of an undertaking to the Court; or

(c) otherwise than in connection with any proceeding.

(1) An application for an order of committal shall be made to the Court by motion on notice stating the grounds and supported by:

(a) a statement setting out the name, description and address of the person sought to be committed; and

(b) an affidavit with the exhibit if any and a written address.

(2) Notice of motion, affidavit, grounds and a written address shall be served personally on the person sought to be committed except where upon leave of court, personal service may be dispensed with by substituted service.

Nothing in the foregoing provisions of this order shall be taken as affecting the power of the Court to make an order of committal of its own motion against a person guilty of contempt of Court.

(1) Subject to the provision of sub-rule (2) of this rule, the Court hearing an application for an order of committal may sit in private in any of the following case, where:

(a) the application arises out of any proceeding relating to a person suffering or appearing to be suffering from mental disorder;

(b) the application arises out of any proceeding in which a secret process, discovery or invention was in issue; or

(c) it appears to the Court that in the interest of the administration of justice or for any reason of national security the application shall be heard in private.

(2) Except as aforesaid, the application shall be heard in open Court.

(3) If the Court hearing an application in private by virtue of sub-rule (1) of this rule decides to make an order of committal against the person sought to be committed, it shall in open Court state:

(a) the name of that person;

(b) in general terms, the nature of the contempt of Court in respect of which the order of committal is being made; and

(c) if he is being committed for a fixed period, the length of that period.

(4) Except with the leave of the Court hearing an application for an order of committal, no grounds shall be relied upon at the hearing except the grounds set out in the statement under rule 2 of this order.

(5) If on the hearing of the application the person sought to be committed expresses a wish to give oral evidence on his own behalf, he shall be entitled to do so.

The foregoing provisions of this order are without prejudice to the power of the Court to commit for contempt in the face of the Court.

(1) The Court by which an order of committal is made may by order direct that the execution of the order of committal shall be suspended for such period or on such terms or conditions as it may specify.

(2) Where execution of an order of committal is suspended by an order under sub-rule (1) of this rule, the Registrar of the Court shall, unless the Court otherwise directs, serve on the person committed an office copy of the order under sub-rule (1) of this rule.

(1) The Court may, on the application of any person committed to prison for any contempt of court, discharge him.

(2) Where a person has been committed for failing to comply with a judgment or order requiring him to deliver anything to some other person or to deposit it in Court or elsewhere, and a writ of sequestration has been issued to enforce that judgment or order, then if the thing is in the custody or power of the person committed, the Sheriff may take possession of it as if it were the property of that person and without prejudice to the generality of sub-rule (1) of this rule, the Court may discharge the person committed and may give such directions for dealing with the thing taken by the Sheriff as it thinks fit.

Nothing in the foregoing provisions of this order shall be taken as affecting the power of the Court to make an order requiring a person guilty of contempt of court or a person punishable by virtue of any enactment in like manner as if he had been guilty of contempt of court to pay a fine or to give security for his good behaviour, and the provisions, so far as applicable, and with necessary modifications, shall apply in relation to an application for such an order as it shall apply in relation to an application for an order of committal.

(1) A writ of attachment issued in a case to which this order applies shall be made returnable before the Court.

(2) Where a return of non est inventus is made, one or more writ may be issued on the return of the previous writ.