Act of Sederunt (Contempt of Court in Civil Proceedings) 2011
| Jurisdiction | Scotland |
| Citation | SSI 2011/388 |
| Year | 2011 |
2011 No. 388
Court Of Session
Sheriff Court
Act of Sederunt (Contempt of Court in Civil Proceedings) 2011
Made 2nd November 2011
Laid before the Scottish Parliament 4th November 2011
Coming into force 28th November 2011
The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711and section 5 of the Court of Session Act 19882, and under and by virtue of all other powers enabling them in that behalf, having consulted and taken into consideration the views of the Sheriff Court Rules Council in accordance with section 32 of the said Act of 1971, do hereby enact and declare:
Citation, commencement and application
This Act of Sederunt may be cited as the Act of Sederunt (Contempt of Court in Civil Proceedings) 2011 and comes into force on 28 November 2011.
A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
This Act of Sederunt applies to—
proceedings in the Court of Session;
civil proceedings in the sheriff court.
Question of contempt of court
This Act of Sederunt prescribes the procedure and practice to be followed where a question arises as to whether a person (“the relevant person”) may have committed a contempt of court to which paragraph (2) applies (“the alleged contempt”) in, or in connection with, proceedings.
This paragraph applies to an alleged contempt directed at a member of the court personally or any other contempt that it would be inappropriate for that court to deal with.
Jury trial
Where the alleged contempt occurs in proceedings in which issues have been allowed for jury trial, any step taken in relation to dealing with the alleged contempt is to be taken outwith the presence of the jury or any persons cited for jury service.
Procedure for fixing a hearing
The court (“the first court”) is to fix a diet for a hearing of the matter (“the contempt hearing”) by a differently constituted court (“the other court”).
The diet is to be fixed to take place no later than the third court day following the date on which the alleged contempt occurred.
At the same time as fixing the diet for the contempt hearing, the first court is to—
ascertain the relevant person’s current address; and
either—
ordain the relevant person to appear at the contempt hearing; or
exercise its power to remand that person in custody until that hearing.
Where the court remands the relevant person in custody it is to advise the relevant person that legal aid may be available.
Statement of facts
The first court is to prepare a statement of the relevant facts (“the statement of facts”).
The clerk of the first court is to intimate a copy of the statement of facts to the relevant person, the Lord Advocate and the other court no later than 24 hours before the contempt hearing.
Intimation of intention to prosecute
Where the Lord Advocate intimates an intention to bring criminal proceedings in relation to the alleged contempt, proceedings under this Act of Sederunt cease and the person is no longer subject to any remand in the proceedings.
The contempt hearing
At the contempt hearing, the other court is to ascertain from the relevant person whether he or she admits or denies the facts contained in the statement of facts.
Where the relevant person admits the material facts contained in the statement of facts, the other court is to take that statement of facts to be accurate and is to—
hear the relevant person and consider any relevant documents; and
determine whether a contempt of court has been committed by the relevant person.
Where the relevant person denies any of the material facts contained in the statement of facts—
he or she may give evidence on oath concerning that fact or those facts;
the other court...
To continue reading
Request your trial