The Court of Protection Rules 2017

• (1) If the court, whether or not on its own initiative, dismisses an application (including an application for permission) and considers that the application is totally without merit—

• (a) the court's order must record that fact; and

• (b) the court must at the same time consider whether it is appropriate to make a civil restraint order.

• (2) Practice Direction 22A sets out—

• (a) the circumstances in which the court has the power to make a civil restraint order against a party to proceedings;

• (b) the procedure where a party applies for a civil restraint order against another party; and

• (c) the consequences of the court making a civil restraint order.

23

• (1) This Part applies to applications made in connection with Schedule 3 to the Act.

• (2) A practice direction may make additional or supplementary provision in respect of any of the matters in this Part.

23

• (1) Unless otherwise provided in a practice direction made under rule 23.1(2), and subject to paragraph (2), an expression which appears both in this Part and in Schedule 3 to the Act is to be construed in accordance with Schedule 3 to the Act, including, where required by paragraph 2(4) of Schedule 3, construing it in accordance with the Convention.

• (2) Notwithstanding the provisions of paragraph 13(6) of Schedule 3 to the Act, “lasting power” does not include—

• (a) a lasting power of attorney within the meaning of section 9 of the Act; or

• (b) an enduring power of attorney within the meaning of Schedule 4 to the Act.

• (3) In this Part, “Schedule 3 application” means an application made under this Part (whether or not additional declarations or orders under sections 15 and 16 of the Act are sought as part of such application).

23

• (1) These Rules and accompanying practice directions apply in relation to Schedule 3 applications as if for “P” there were substituted “ the adult ”.

• (2) For the purposes of rule 1.2(4) and Part 17, the question of whether the adult has capacity to conduct proceedings in relation to a Schedule 3 application is to be determined in accordance with Part 1 of the Act.

• (3) The permission of the court is not required for a Schedule 3 application.

23

• (1) An application for a declaration under paragraph 20 (recognition) or paragraph 22 (enforcement) of Schedule 3 to the Act is to be made in accordance with Part 9 and any practice direction made under rule 23.1(2).

• (2) Without prejudice to its powers under Parts 6 (service) and 7 (notice), the court may dispense with service and notice where it thinks just to do so, having regard in particular to—

• (a) whether the adult or (as the case may be) any respondent to the application is within the jurisdiction; and

• (b) the need for applications for declarations of enforceability to be determined rapidly.

23

An application under paragraph 14(1) of Schedule 3 to the Act for the court to disapply or modify a lasting power is to be made in accordance with Part 9 and any practice direction made under rule 23.1(2).

23

An application for a declaration under section 15(1)(c) of the Act that a donee of a lasting power is acting lawfully when exercising authority under that lasting power is to be made in accordance with Part 9 and any practice direction made under rule 23.1(2).

24

• (1) The relevant practice direction may set out methods of enforcing judgments or orders.

• (2) An application for an order for enforcement may be made on application by any person in accordance with Part 10.

24

The following provisions of the Civil Procedure Rules 1998 apply, as far as they are relevant and with such modifications as may be necessary, to the enforcement of orders made in proceedings under these Rules—

• (a) Part 70 (General Rules about Enforcement of Judgments and Orders);

• (b) Part 71 (Orders to Obtain Information from Judgment Debtors);

• (c) Part 72 (Third Party Debt Orders);

• (d) Part 73 (Charging Orders, Stop Orders and Stop Notices);

• (e) Part 83 (Writs and Warrants – General Provisions); and

• (f) Part 84 (Enforcement by Taking Control of Goods).

24

• (1) This rule applies where the court makes an order or gives a direction—

• (a) conferring functions on any person (whether as deputy or otherwise); and

• (b) requiring that person to give security for the discharge of those functions.

• (2) The person on whom functions are conferred must give the security before undertaking to discharge those functions, unless the court permits the security to be given subsequently.

• (3) Paragraphs (4) to (6) apply where the security is required to be given before any action can be taken.

• (4) Subject to paragraph (5), the security must be given in accordance with the requirements of regulation 33(2)(a) of the Public Guardian Regulations (which makes provision about the giving of security by means of a bond that is endorsed by an authorised insurance company or an authorised deposit-taker).

• (5) The court may impose such other requirements in relation to the giving of the security as it considers appropriate (whether in addition to, or instead of, those specified in paragraph (4)).

• (6) In specifying the date from which the order or directions referred to in paragraph (1) are to take effect, the court will have regard to the need to postpone that date for such reasonable period as would enable the Public Guardian to be satisfied that—

• (a) if paragraph (4) applies, the requirements of regulation 34 of the Public Guardian Regulations have been met in relation to the security; and

• (b) any other requirements imposed by the court under paragraph (5) have been met.

• (7) “The Public Guardian Regulations” means the Lasting Power of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 .

24

• (1) This rule applies in any case where—

• (a) the Public Guardian (having received a notice of objection to the registration of an instrument creating an enduring power of attorney) is prevented by paragraph 13(5) of Schedule 4 to the Act from registering the instrument except in accordance with the court's directions; and

• (b) on or before the relevant day, no application for the court to give such directions has been made under Part 9 (how to start proceedings).

• (2) In paragraph (1)(b) the relevant day is the later of—

• (a) the final day of the period specified in paragraph 13(4) of Schedule 4 to the Act; or

• (b) the final day of the period of 14 days beginning with the date on which the Public Guardian receives the notice of objection.

• (3) The Public Guardian may seek the court's directions about registering the instrument, by filing a request in accordance with the relevant practice direction.

• (4) As soon as practicable and in any event within 21 days of the date on which the request was made, the court shall notify—

• (a) the person (or persons) who gave the notice of objection; and

• (b) the attorney or, if more than one, each of them.

• (5) As soon as practicable and in any event within 21 days of the date on which the request is filed, the Public Guardian must notify the donor of the power that the request has been so filed.

• (6) The notice under paragraph (4) must—

• (a) state that the Public Guardian has requested the court's directions about registration;

• (b) state that the court will give directions in response to the request unless an application under Part 9 is made to it before the end of the period of 21 days commencing with the date on which the notice is issued; and

• (c) set out the steps required to make such an application.

• (7) “Notice of objection” means a notice of objection which is made in accordance with paragraph 13(4) of Schedule 4 to the Act.

24

• (1) This rule applies where P ceases to lack capacity.

• (2) In this rule, “relevant property” means any property belonging to P and forming part of P's estate, and which—

• (a) remains under the control of anyone appointed by order of the court; or

• (b) is held under the direction of the court.

• (3) The court may at any time make an order for any relevant property to be transferred to P, or at P's direction, provided that it is satisfied that P has the capacity to make decisions in relation to that property.

• (4) An application for an order under this rule is to be made in accordance with Part 10.

24

• (1) These Rules may be cited as the Court of Protection Rules 2017 and shall come into force on 1st December 2017.

• (2) The rules in the Schedule are revoked as set out in the Schedule.

• (3) A practice direction may make provision for the extent to which and manner in which these Rules shall apply to proceedings started before the day on which they come into force.

Editorial notes

[^c23071541]: 2005 c.9. Section 51 was amended by article 2 of and paragraphs 30 and 34 of Schedule 1 to S.I. 2006/1016. Section 53 was amended by section 62 of the Criminal Justice and Courts Act 2015 (c. 2). Section 65(1) was amended by article 2 of and paragraphs 30 and 37(1) and (2) of Schedule 1 to S.I. 2006/1016.

[^c23071551]: 2005 c. 4.

[^c23071581]: 1971 c. 80.

[^c23071591]: 1985 c. 61.

[^c23071601]: 2007 c. 29.

[^c23071611]: 2012 c. 10.

[^c23071621]: S.I. 1998/3132 (as amended).

[^c23071631]: S.I. 2010/2955 (as amended).

[^c23071641]: 1989 c. 41.

[^c23071651]: 1981 c.61. There are relevant amendments in: S.I. 1983/882; S.I. 1983/1699; the Brunei and Maldives Act 1985 (c.3); section 1, Schedule; S.I. 1989/1331; S.I. 1998/3161; S.I. 1990/1502; S.I. 1994/1634; S.I. 2010/246.

[^c23071671]: 1989 c. 41.

[^c23071681]: Section 21A was inserted by the Mental Health Act 2007 (c. 12), section 50(7), Schedule 9, paragraphs 1 and 2.

[^c23071691]: Section 4A was inserted by the Mental Health Act 2007 (c. 12), section 50(1) and(2).

[^c23071711]: 1998 c. 42.

[^c23071731]: S.I. 2012/3098.

[^c23071741]: 1990 c. 41. Section 58 was substituted by section 27(1) of the Access to Justice Act 1999 (c. 22).

[^c23071751]: S.I. 1998/3132. Parts 43 to 48 were replaced with amended provisions by S.I. 2013/262, rules 15 and 16 and the Schedule.

[^c23071761]: S.I. 2007/1253

[^key-7293b502244f2d7f464759dfe416be33]: Rules continued in part (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), regs. 1(2), 3

[^key-dd7f0a3aa329c0c9ee10908c05246327]: Words in rule 6.17(4)(b) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 28(a)

[^M_F_f0d42942-57da-4762-e2bd-3771d347d04f]: Words in rule 6.19 heading substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 28(b)

[^key-231cf6426d285916bca642c4995da4e1]: Words in rule 6.19(a) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 28(b)

[^key-93e39ef44cbb5be848f1536d0d7b60a5]: Words in rule 6.19(b) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 28(b)

[^key-5b50824e3fae77a4ff4276332a9aba6b]: Words in rule 6.11(2) omitted (31.12.2020) by virtue of S.I. 2019/517, reg. 30(3)(a) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 4(3)(a))

[^key-1a026aa9ef5962174eae2b4755a4b9e0]: Words in rule 6.11(2) omitted (31.12.2020) by virtue of S.I. 2019/517, reg. 30(3)(b) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 4(3)(a))

[^key-d311ee3c0b34f3ff694d7bb1cba4189a]: Words in rule 6.11(2) omitted (31.12.2020) by virtue of S.I. 2019/517, reg. 30(3)(c) (as substituted by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 4(3)(a))

[^key-6e3d181beff431db07531325752e3c93]: Words in rule 6.13(2)(b) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 30(4) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-055d7c90c7a23e4b3c13d46fea9046ec]: Rule 6.14(3)(a)(i) omitted (31.12.2020) by virtue of S.I. 2019/517, reg. 30(5) (as amended by The Jurisdiction, Judgments and Applicable Law (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1574), regs. 1, 4(3)(b))

[^key-f20c15cbea02e08e1f69111e95c87629]: Rule 6.15 omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 30(6) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-52c13ee76895fa28da30282867ffb472]: Rule 6.16(4) and words omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 30(7) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-d5676548c7d903f212e0be1c08ed3c6d]: Words in rule 6.18 omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 30(8) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5c7613d811a3bae61fba747bbb7b5a5c]: Rule 10.7(2)(a) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 31(2) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a38fa3b1d1ab7634d79a76d1c2d758e3]: Word in rule 14.20(1) omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 32(3) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a2631bb8274560868272944cee138e91]: Rule 14.21 omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 32(4) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-8cd009a808ec4b06b09ff54965496dbf]: Rule 14.22 omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 32(5) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7150943e404bfe3fad13374c9d88f2b6]: Words in rule 14.23(1) substituted (31.12.2020) by The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 32(6) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0315b383eeef4ff70321758f60296b33]: Words in Pt. 6 Table omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 30(2) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e7ac51ccc2a2b1d60351c882271acd15]: Words in Pt. 14 Table omitted (31.12.2020) by virtue of The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/517), regs. 1(1), 32(2) (with reg. 33) (as amended by S.I. 2020/1493, regs. 1(1), 8(2)(h)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-2ffe97c31973949519b6d1f2b9d5cbfb]: Words in rule 6.3(4) substituted (1.1.2023) by The Court of Protection (Amendment) Rules 2022 (S.I. 2022/1192), rules 1(1), 3(a)

[^key-cae1bd5d4cd629096803a8e978f25540]: Rule 6.3(6) substituted (1.1.2023) by The Court of Protection (Amendment) Rules 2022 (S.I. 2022/1192), rules 1(1), 3(b)

[^key-01b9fa0c40efbf03f2b5cc485e735cc1]: Rule 9.1(3) inserted (1.1.2023) by The Court of Protection (Amendment) Rules 2022 (S.I. 2022/1192), rules 1(1), 4(b)

[^key-bbb3b70c2f78452321a3b5765c6f216f]: Words in rule 9.1(1) substituted (1.1.2023) by The Court of Protection (Amendment) Rules 2022 (S.I. 2022/1192), rules 1(1), 4(a)(i)

[^key-6894d79c9d6bf53adc5ba8e2f02e25d7]: Words in rule 9.1(1) substituted (1.1.2023) by The Court of Protection (Amendment) Rules 2022 (S.I. 2022/1192), rules 1(1), 4(a)(ii)

[^key-d301ac6fb80ebdbaa10b54f971c927c8]: Pt. 21 substituted (1.1.2023) by The Court of Protection (Amendment) Rules 2022 (S.I. 2022/1192), rule 1(1), Sch.

[^key-e477973398fa8ec29622175fbea44d81]: Words in rule 4.1(4) omitted (1.10.2025) by virtue of The Court of Protection (Amendment) Rules 2025 (S.I. 2025/866), rules 1(1), 3

[^key-46c73f713ce1c1043209659ed6ae527c]: Words in rule 21.4(2)(n) inserted (1.10.2025) by The Court of Protection (Amendment) Rules 2025 (S.I. 2025/866), rules 1(1), 4

[^key-1e54d3102215035bcb94930626667cd2]: Rule 21.7(4) inserted (1.10.2025) by The Court of Protection (Amendment) Rules 2025 (S.I. 2025/866), rules 1(1), 5

[^key-87cc415e54cab6ff8b9b4d2a5683b516]: Rule 21.8(11A) inserted (1.10.2025) by The Court of Protection (Amendment) Rules 2025 (S.I. 2025/866), rules 1(1), 6(b)

[^key-16bcc5b21cd9a43f749d6759b35c5915]: Words in rule 21.8(5) substituted (1.10.2025) by The Court of Protection (Amendment) Rules 2025 (S.I. 2025/866), rules 1(1), 6(a)(i)

[^key-9e2f6d0dc9df1453d7c7c94ff7fc5b98]: Word in rule 21.8(5) substituted (1.10.2025) by The Court of Protection (Amendment) Rules 2025 (S.I. 2025/866), rules 1(1), 6(a)(ii)(aa)

[^key-e3ea21021583bd05e80c9a7e39bd0e92]: Words in rule 21.8(5) substituted (1.10.2025) by The Court of Protection (Amendment) Rules 2025 (S.I. 2025/866), rules 1(1), 6(a)(ii)(bb)

[^key-4bbc4c274a8145d5b72af3654151edb5]: Rule 21.8(13) substituted (1.10.2025) by The Court of Protection (Amendment) Rules 2025 (S.I. 2025/866), rules 1(1), 6(c)

Scope

21.1

• (1) This Part sets out the procedure to be followed in proceedings for contempt of court (‘contempt proceedings’).

• (2) This Part does not alter the scope and extent of the jurisdiction of courts determining contempt proceedings, whether inherent, statutory or at common law.

• (3) This Part has effect subject to and the extent that it is consistent with the substantive law of contempt of court.

Interpretation

21.2

In this Part—

• “claimant” means a person making a contempt application;

• “contempt application” means an application to the court for an order determining contempt proceedings;

• “defendant” means the person against whom the application is made;

• “order of committal” means the imposition of a sentence of imprisonment (whether immediate or suspended) for contempt of court;

• “penal notice” means a prominent notice on the front of an order warning that if the person against whom the order is made (and in the case of a corporate body, a director or officer of that body) disobeys the court’s order, the person (or director of officer) may be held in contempt of court and punished by a fine, imprisonment, confiscation of assets or other punishment under the law.

How to make a contempt application

21.3

• (1) A contempt application made in existing proceedings before the Court of Protection is made by an application under Part 10 in those proceedings, whether or not the application is made against a party to those proceedings.

• (2) Permission to make a contempt application is required where the application is made in relation to—

• (a) interference with the due administration of justice in connection with proceedings in the Court of Protection, except where the contempt is committed in the face of the court or consists of disobedience to an order of the court or a breach of an undertaking to the court;

• (b) an allegation of knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement.

• (3) If permission to make the application is needed, the application for permission shall be included in the contempt application, which will proceed to a full hearing only if permission is granted.

• (4) Where contempt is committed in connection with any proceedings in the Court of Protection, the application for permission may only be made to a Tier 3 Judge.

Requirements of a contempt application

21.4

• (1) Unless and to the extent that the court directs otherwise, every contempt application must be supported by written evidence given by affidavit or affirmation.

• (2) A contempt application must include statements of all the following, unless (in the case of (b) to (g)) wholly inapplicable—

• (a) the nature of the alleged contempt (for example, breach of an order or undertaking or contempt in the face of the court);

• (b) the date and terms of any order allegedly breached or disobeyed;

• (c) confirmation that any such order was personally served, and the date it was served, unless the court or the parties dispensed with personal service;

• (d) if the court dispensed with personal service, the terms and date of the court’s order dispensing with personal service;

• (e) confirmation that any order allegedly breached or disobeyed included a penal notice;

• (f) the date and terms of any undertaking allegedly breached;

• (g) confirmation of the claimant’s belief that the person who gave any undertaking understood its terms and the consequences of failure to comply with it;

• (h) a brief summary of the facts alleged to constitute the contempt, set out numerically in chronological order;

• (i) that the defendant has the right to be legally represented in the contempt proceedings;

• (j) that the defendant is entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test;

• (k) that the defendant may be entitled to the services of an interpreter;

• (l) that the defendant is entitled to a reasonable time to prepare for the hearing;

• (m) that the defendant is entitled but not obliged to give written and oral evidence in their defence;

• (n) that the defendant has the right to remain silent and to decline to answer any question the answer to which may incriminate the defendant , but that the court may draw adverse inferences if this right is exercised;

• (o) that the court may proceed in the defendant’s absence if they do not attend but(whether or not they attend) will only find the defendant in contempt if satisfied beyond reasonable doubt of the facts constituting contempt and that they do constitute contempt;

• (p) that if the court is satisfied that the defendant has committed a contempt, the court may punish the defendant by a fine, imprisonment, confiscation of assets or other punishment under the law;

• (q) that if the defendant admits the contempt and wishes to apologise to the court, that is likely to reduce the seriousness of any punishment by the court;

• (r) that the court’s findings will be provided in writing as soon as practicable after the hearing; and

• (s) that the court will sit in public, unless and to the extent that the court orders otherwise, and that its findings will be made public.

Service of a contempt application

21.5

• (1) Unless the court directs otherwise in accordance with Part 6 and except as provided in paragraph (2), a contempt application and evidence in support must be served on the defendant personally.

• (2) Where a legal representative for the defendant is on the record in the proceedings in which, or in connection with which, an alleged contempt is committed—

• (a) the contempt application and evidence in support may be served on the representative or the defendant unless the representative objects in writing within seven days of receipt of the application and evidence in support;

• (b) if the representative does not object in writing, they must at once provide to the defendant a copy of the contempt application and the evidence supporting it and take all reasonable steps to ensure the defendant understands them;

• (c) if the representative objects in writing, the issue of service shall be referred to a judge of the court dealing with the contempt application; and the judge shall consider written representations from the parties and determine the issue on the papers, without (unless the judge directs otherwise) an oral hearing.

Cases where no application is made

21.6

• (1) If the court considers that a contempt of court (including a contempt in the face of the court) may have been committed, the court on its own initiative shall consider whether to proceed against the defendant in contempt proceedings.

• (2) Where the court does so, any other party in the proceedings may be required by the court to give such assistance to the court as is proportionate and reasonable, having regard to the resources available to that party.

• (3) If the court proceeds on its own initiative, it shall issue a summons to the defendant which includes the matters set out in rule 21.4(2)(a)-(s) (in so far as applicable) and requires the defendant to attend court for directions to be given.

• (4) A summons issued under this rule shall be served on the defendant personally and on any other party, unless the court directs otherwise. If rule 21.5(2) applies, the procedure there set out shall be followed unless the court directs otherwise.

Directions for hearing of contempt proceedings

21.7

• (1) The court shall give such directions as it thinks fit for the hearing and determination of contempt proceedings, including directions for the attendance of witnesses and oral evidence, as it considers appropriate.

• (2) The court may issue a bench warrant to secure the attendance of the defendant at a directions hearing or at the substantive hearing.

• (3) The court may not give any direction compelling the defendant to give evidence either orally or in writing.

• (4) Before the first hearing of the contempt proceedings, the court must consider whether to make an order under rule 21.8(5) for the non-disclosure of the identity of the defendant in the court list. If it makes such an order the court must—

• (a) before the first hearing, notify the national print and broadcast media, via the Press Association; and

• (b) at the first hearing, consider any submissions from the parties or media organisations before deciding whether, and if so to what extent, the order should be continued or varied.

Hearings and judgments in contempt proceedings

21.8

• (1) All hearings of contempt proceedings shall, irrespective of the parties’ consent, be listed and heard in public unless the court otherwise directs, applying the provisions of paragraph (4).

• (2) In deciding whether to hold a hearing in private, the court must consider any duty to protect or have regard to a right to freedom of expression which may be affected.

• (3) The court shall take reasonable steps to ensure that all hearings are of an open and public character, save when a hearing is held in private.

• (4) A hearing, or any part of it, must be held in private if, and only to the extent that, the court is satisfied of one or more of the matters set out in sub-paragraphs (a) to (g) and that it is necessary to sit in private to secure the proper administration of justice—

• (a) publicity would defeat the object of the hearing;

• (b) it involves matters relating to national security;

• (c) it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality;

• (d) a private hearing is necessary to protect the interests of P, a protected party or any child;

• (e) it is a hearing of an application made without notice and it would be unjust to any respondent for there to be a public hearing;

• (f) it involves uncontentious matters arising in the administration of the affairs of P or in the administration of P’s estate; or

• (g) the court for any other reason considers this to be necessary to secure the proper administration of justice.

• (5) Subject to paragraph (11), the court may order that the identity of any person shall not be disclosed if, and only if, it considers non-disclosure necessary to secure the proper administration of justice and in order to protect the interests of that person or any other person.

• (6) Unless and to the extent that the court otherwise directs, where the court acts under paragraph (4) or (5), a copy of the court’s order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk). Any person who is not a party to the proceedings may apply to attend the hearing and make submissions or apply to set aside or vary the order.

• (7) Advocates and the judge shall appear robed in all hearings of contempt proceedings, whether or not the court sits in public.

• (8) Before deciding to sit in private for all or part of the hearing, the court shall notify the national print and broadcast media, via the Press Association.

• (9) The court shall consider any submissions from the parties or media organisations before deciding whether and if so to what extent the hearing should be in private.

• (10) If the court decides to sit in private it shall, before doing so, sit in public to give a reasoned public judgment setting out why it is doing so.

• (11) At the conclusion of the hearing, whether or not held in private, the court shall sit in public to give a reasoned public judgment stating its findings and any punishment.

• (11A) If a committal order is made, it must name the defendant.

• (12) The court shall inform the defendant of the right to appeal without permission, the time limit for appealing and the court before which any appeal must be brought.

• (13) Where the court makes an order for committal, the court shall ensure that the judgment in the contempt proceedings is transcribed and published on the website of the judiciary of England and Wales.

Powers of the court in contempt proceedings

21.9

• (1) If the court finds the defendant in contempt of court, the court may impose a period of imprisonment (an order of committal), a fine, confiscation of assets or other punishment permitted under the law.

• (2) Execution of an order of committal requires issue of a warrant of committal. An order of committal and a warrant of committal have immediate effect unless and to the extent that the court decides to suspend execution of the order or warrant.

• (3) An order or warrant of committal must be personally served on the defendant unless the court directs otherwise.

• (4) To the extent that the substantive law permits, a court may attach a power of arrest to a committal order.

• (5) An order or warrant of committal may not be enforced more than two years after the date it was made unless the court directs otherwise.

Applications to discharge committal orders

21.10

• (1) A defendant against whom a committal order has been made may apply to discharge it.

• (2) Any such application shall be made by an application notice under Part 10 in the contempt proceedings.

• (3) The court hearing such an application shall consider all the circumstances and make such order under the law as it thinks fit.