The Criminal Procedure (Amendment No. 2) Rules 2023
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Change 1
22 Amendments to the Criminal Procedure Rules
In Part 48 (Contempt of court)— (a) in rule 48.8 (contempt of court by obstruction, disruption, etc.; procedure on enquiry)— (i) in paragraph (4)(a) after “make representations relevant to punishment” insert “and a final opportunity to apologise”, (ii) renumber paragraph (4)(b) and (c) as (4)(d) and (e) respectively, and (iii) after paragraph (4)(a) insert— (b) in deciding how to deal with the respondent take into account— (i) the gravity of the contempt, (ii) the extent of any admission of the conduct and the stage at which that admission was made, (iii) any apology and the stage at which that apology was offered, and (iv) any period during which the respondent was detained pending the enquiry; (c) if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice; ; and (b) in rule 48.10 (contempt of court by failure to comply with court order, etc.; procedure on hearing)— (i) in paragraph (4)(a) after “make representations relevant to punishment” insert “and a final opportunity to apologise”, (ii) renumber paragraph (4)(b) and (c) as (4)(d) and (e) respectively, (iii) in paragraph (4)(e) as thus renumbered for “in” substitute “if”, and (iv) after paragraph (4)(a) insert— (b) in deciding how to deal with the respondent take into account— (i) the gravity of the contempt, (ii) the extent of any admission of the conduct and the stage at which that admission was made, and (iii) any apology and the stage at which that apology was offered; (c) if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice; .
22 Amendments to the Criminal Procedure Rules
In Part 48 (Contempt of court)— (a) in rule 48.8 (contempt of court by obstruction, disruption, etc.; procedure on enquiry)— (i) in paragraph (4)(a) after “make representations relevant to punishment” insert “and a final opportunity to apologise”, (ii) renumber paragraph (4)(b) and (c) as (4)(d) and (e) respectively, and (iii) after paragraph (4)(a) insert— (b) in deciding how to deal with the respondent take into account— (i) the gravity of the contempt, (ii) the extent of any admission of the conduct and the stage at which that admission was made, (iii) any apology and the stage at which that apology was offered, and (iv) any period during which the respondent was detained pending the enquiry; (c) if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice; ; and (b) in rule 48.10 (contempt of court by failure to comply with court order, etc.; procedure on hearing)— (i) in paragraph (4)(a) after “make representations relevant to punishment” insert “and a final opportunity to apologise”, (ii) renumber paragraph (4)(b) and (c) as (4)(d) and (e) respectively, (iii) in paragraph (4)(e) as thus renumbered for “in” substitute “if”, and (iv) after paragraph (4)(a) insert— (b) in deciding how to deal with the respondent take into account— (i) the gravity of the contempt, (ii) the extent of any admission of the conduct and the stage at which that admission was made, and (iii) any apology and the stage at which that apology was offered; (c) if imprisonment is imposed, impose the shortest period that is commensurate with the preservation of good order in the administration of justice; .
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