Page:Administration of Justice (Protection) Act 2016.pdf/29

30 this Act in accordance with section 258 or 259 of the Criminal Procedure Code (Cap. 68), as may be applicable. PART 6 PROCEDURAL MATTERS Summary procedure where contempt is in face of court

25.—(1) Where it appears to a court (other than a Small Claims Tribunal and an Employment Claims Tribunal), that a person has committed contempt in the face of the court, and that court is satisfied that it is necessary for immediate steps to be taken for the protection of the due administration of justice, that court may cause such person to be detained in custody, and must as soon as practicable—
 * (a) cause the person to be informed in writing of the contempt with which he or she is charged;
 * (b) afford the person an opportunity to make his or her defence to the charge;
 * (c) after taking such evidence as may be necessary or as may be offered by the person and after hearing the person, proceed, either immediately or after adjournment, to determine the matter of the charge; and
 * (d) make such order for the punishment or discharge of the person as may be just.

(2) Despite subsection (3), the court may direct that a person charged with contempt in the face of the court be detained in such custody as the court may specify pending the determination of the charge or be released on bail or on his or her own bond.

(3) The provisions under Division 5 of Part VI of the Criminal Procedure Code (Cap. 68) apply to any case where the court releases the person charged with a contempt of court on bail or on his or her own bond under this section and for the purposes of those provisions, the contempt of court is treated as a non-bailable offence.

(4) To avoid doubt and despite subsections (1) and (2), the proceedings being conducted in the court before the contempt in