(2)
(a)
(i)
(ii)
(b)
(c)
An order of committal may be made by the Court where contempt of court
Is committed in connection withAny proceeding before the court;
Criminal proceedings,
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; or
is committed otherwise than in connection with any proceeding.
Application to Court.
1.
(1) an application for an order of committal shall be made to the Court by motion on
notice supported by an affidavit and shall state the grounds of the application.
(2)
The notice of motion, affidavit and grounds shall be served personally on the person
sought to be committed but the Court may dispense with personal service where the justice
of the case so demands.
Saving for power to commit without application for the purpose
3.
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.
Provisions as to hearing.
4.
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(1) Subject to sub-rule (2) of this rule, the court hearing an application for an order of committal
may sit in private in the following cases that is to say where
the application arises out of proceedings relating to a person, suffering or appearing to be
suffering from mental disorder; or
the application arises out of proceedings in which a secret process, discovery or invention was in
issue;
it appears to the court that in the interests of the administration of justice or for reasons of
national security the application should be heard in private, but except as aforesaid, the application
shall be heard in open court.
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
statethe name of that person;
in general terms the nature of the contempt of court in respect of which the order of committal
is being made; and
if he is being committed for a fixed period, the length of that period.
(3)
Except with the leave of the court hearing an application for an order of committal, no ground shall
be relied upon at the hearing except the grounds set out in the statement under rule 2 of this order.
(4)
If on the hearing of the application the person sought to be committed expresses a wish to give oral
evidence his own behalf he shall be entitled to do so.