Committal For Contempt Of Court (Practice Guidance) [2013] EWCOP B4 (03 May 2013)

Committal applications in the Court of Protection and Family Division must be heard in public unless exceptional circumstances justify a private hearing, and any committal order must be publicly stated with the name, nature of contempt, and punishment.

Citation: [2013] EWCOP B4
Parties: Issuer: LORD JUDGE, LORD CHIEF JUSTICE OF ENGLAND AND WALES; Issuer: SIR JAMES MUNBY, PRESIDENT OF THE FAMILY DIVISION and PRESIDENT OF THE COURT OF PROTECTION
Jurisdiction: England and Wales
Judgment Date: 03 May 2013
Procedural Posture: Practice Guidance / Guidance Issued
Outcome: Practice guidance issued; mandatory requirements for public hearings and publication of committal orders established.
Legal Topics: Committal for Contempt, Open Justice, Court Procedure, Public Hearings, Private Hearings

Civil Procedure Court of Protection Family Law Committal for Contempt Open Justice Court Procedure Public Hearings Private Hearings

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Parties

LORD JUDGE, LORD CHIEF JUSTICE OF ENGLAND AND WALES

Issuer

SIR JAMES MUNBY, PRESIDENT OF THE FAMILY DIVISION and PRESIDENT OF THE COURT OF PROTECTION

Issuer

Procedural Posture

Practice Guidance / Guidance Issued

Legal Issues

1 Whether committal applications for contempt should be heard in public or private
2 Mandatory public pronouncement of committal orders

Ratio Decidendi

Court Disposition

Practice guidance issued; mandatory requirements for public hearings and publication of committal orders established.

Orders

Committal applications should be listed and heard in public.
If discretion to sit in private is exercised, reasons must be given in public.