Supreme Court Rules 2000

An application for punishment for contempt of court, other than contempt in the face of the Court, is to be – on notice to the respondent; and specify the nature of the alleged contempt.

If the application is made in relation to a pending proceeding, the application is to be made by interlocutory application.

If the application is not made in relation to a pending proceeding, the application is to be made by originating application.

Unless the Court or a judge otherwise orders, the application is to be served personally on the respondent.

If an application has been filed and it appears to a judge that the respondent is likely to abscond, the judge, by warrant directed to the Sheriff, may direct that the respondent be arrested and brought before the Court or a judge.

A respondent brought before the Court or a judge under a warrant is to be detained in custody until the charge is disposed of, unless the Court or a judge grants bail.

On the hearing of the application, the Court may order the respondent to answer on oath within 4 days interrogatories relating to the alleged contempt.

The respondent, unless otherwise ordered, is to answer the interrogatories by affidavit.

If the respondent is ordered to answer interrogatories, the hearing of the application is to be adjourned for a sufficient time to allow the answers to be made and filed.

On the hearing of the application, the Court may – commit the respondent to prison for a fixed term or until the occurrence of some event; and impose a fine, either instead of or in addition to ordering committal; and if it imposes a fine, commit the respondent to be imprisoned, or further imprisoned, until the fine is paid; and make any order as to costs as is appropriate.

If the accused person is ordered to be committed to a prison, the order of committal is to specify which prison.

The Court may order the discharge of a respondent committed to prison, even though the time for which the respondent was ordered to be committed has not expired.