Page:Contempt of Court Act 1981.pdf/18

16c. 49

(2) In section 55, in subsection (1) for the words “the complainant appears but the defendant does not” there shall be substituted the words “the defendant does not appear”, and in subsection (2) the words “if the complaint has been substantiated on oath, and” shall be omitted.

(3) In section 123, in subsections (1) and (2) the words “adduced on behalf of the prosecutor or complainant” shall be omitted.

2. Where the proceedings are taken by way of complaint for an order, section 127 of the Act (limitation of time) shall not apply to the complaint.

3. Whether the proceedings are taken of the court’s own motion or by way of complaint for an order, subsection (3) of section 55 shall apply as if the following words were added at the end of the subsection:—
 * “or, having been arrested under section 18 of the Domestic Proceedings and Magistrates’ Courts Act 1978 in connection with the matter of the complaint, is at large after being remanded under subsection (3)(b) or (5) of that section.”.

SCHEDULE 4

12.—(1) In the Magistrates’ Courts Act (Northern Ireland) 1964 the following shall be substituted for section 161:—
 * 161.—(1) A magistrates’ court has jurisdiction under this section to deal with any person who—
 * (a) wilfully insults a resident magistrate or justice of the peace, any witness before or officer of the court or any solicitor or counsel having business in the court, during his sitting or attendance in court or in going to or returning from the court; or
 * (b) wilfully interrupts the proceedings of the court or otherwise misbehaves in court.
 * (2) In any such case the court may order any officer of the court, or any constable, to take the offender into custody and detain him until the rising of the court; and the court may, if it thinks fit, commit the offender to prison for a specified period not exceeding one month or impose on him a fine not exceeding £500 or both.
 * (3) A magistrates’ court may at any time revoke an order of committal made under subsection (2) and, if the offender is in prison, order his discharge.
 * (4) An order under subsection (2) for the payment of a fine may be enforced as though the fine were a sum adjudged to be paid by a conviction.".
 * (4) An order under subsection (2) for the payment of a fine may be enforced as though the fine were a sum adjudged to be paid by a conviction.".

(2) Paragraph 26 of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1980 is repealed.