Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 2504

Contempt in face or hearing of court—alternative procedure

    (1)     For a contempt committed in the face of, or in the hearing of, the court, the procedure under this rule is an alternative to the procedure under rule 2501 (Contempt—applications generally).

    (2)     If it is alleged or it appears to the court that a person is guilty of contempt of court committed in the face of, or in the hearing of, the court, the court may—

        (a)     by oral order direct the person to be brought before the court; or

        (b)     issue a warrant for the person's arrest.

    (3)     Pending disposal of the charge of contempt, the court may direct that the person be kept in the custody the court directs or be released.

    (4)     Without limiting subrule (3), the court may release the person on conditions, including, for example, a condition that security be given to secure the person's attendance to answer the charge and that the security be forfeited if the person fails to attend.

    (5)     If the person is brought before the court, the court must—

        (a)     tell the person orally of the contempt charged; and

        (b)     ask the person to show cause why punishment should not be imposed for contempt of court; and

        (c)     after hearing the person, decide the matter in the way it considers appropriate; and

        (d)     make an order for the person's punishment or discharge.



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