Civil contempt proceedings—evidence and the hearing
Produced in partnership with Richard Shepherd of Albion Chambers
Civil contempt proceedings—evidence and the hearing

The following Dispute Resolution practice note produced in partnership with Richard Shepherd of Albion Chambers provides comprehensive and up to date legal information covering:

  • Civil contempt proceedings—evidence and the hearing
  • Coronavirus (COVID-19)
  • Hearing to be in public
  • Directions and evidence for the hearing
  • The defendant’s evidence
  • Listing of the hearing and the need to allow sufficient time
  • Proceeding with a contempt hearing in the defendant’s absence
  • No absolute right of the defendant to attend
  • A nine-point checklist—Sanchez v Oboz and Oboz
  • The defendant's right to silence
  • More...

Note: this Practice Note is relevant only to proceedings for contempt of court as considered under CPR 81 in force with effect from 1 October 2020 and all references to CPR 81 in this Practice Note are to this version of CPR 81, unless otherwise stated. For information on the changes to proceedings for contempt of court in force from this date, and the approach to dealing with pre-1 October 2020 case law and contempt applications which straddle the old and new rules, see Practice Note: Civil contempt proceedings—summary of the changes to committal proceedings (CPR 81) in force with effect from 1 October 2020. For information on the pre-1 October 2020 position for proceedings for contempt of court, see: Contempt and committal—overview.

This Practice Note considers the hearing of contempt proceedings under CPR 81 (also referred to as ‘committal proceedings’), including whether the court will sit in public or in private, what directions the court will make in advance of the hearing, the timing of the hearing and the evidence that will be presented at the hearing, In respect of the defendant it looks at what happens if the defendant is absent at the hearing, the defendant’s right to silence, and the defendant’s entitlement to legal aid, legal representation and/or an interpreter. It also considers the impact of the coronavirus (COVID-19) pandemic on the

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