Page:Contempt of Court Act 1981.pdf/9

Rh shall apply to all courts having that jurisdiction as it applies to the Crown Court and magistrates’ courts.

(4) Each of the superior courts shall have the like power to make a hospital order or guardianship order under section 60 of the Mental Health Act 1959 in the case of a person suffering from mental illness or severe subnormality who could otherwise be committed to prison for contempt of court as the Crown Court has under that section in the case of a person convicted of an offence.

(5) The enactments specified in Part III of Schedule 2 shall have effect subject to the amendments set out in that Part, being amendments relating to the penalties and procedure in respect of certain offences of contempt in coroners’ courts, county courts and magistrates’ courts.

15.—(1) In Scottish proceedings, when a person is committed to prison for contempt of court the committal shall (without prejudice to the power of the court to order his earlier discharge) be for a fixed term.

(2) The maximum penalty which may be imposed by way of imprisonment or fine for contempt of court in Scottish proceedings shall be two years’ imprisonment or a fine or both, except that—
 * (a) where the contempt is dealt with by the sheriff in the course of or in connection with proceedings other than criminal proceedings on indictment, such penalty shall not exceed three months’ imprisonment or a fine of £500 or both; and
 * (b) where the contempt is dealt with by the district court, such penalty shall not exceed sixty days’ imprisonment or a fine of £200 or both.

(3) Section 207 (restriction on detention of young offenders) and sections 175 to 178 (persons suffering from mental disorder) of the Criminal Procedure (Scotland) Act 1975 shall apply in relation to persons found guilty of contempt of court in Scottish proceedings as they apply in relation to persons convicted of offences, except-
 * (a) where subsection (2)(a) above applies, when sections 415 and 376 to 379 of the said Act shall so apply; and
 * (b) where subsection (2)(b) above applies, when section 415 of the said Act and subsection (5) below shall apply.

(4) Until the commencement of section 45 of the Criminal Justice (Scotland) Act 1980, in subsection (3) above for the references to section 207 and section 415 of the Criminal Procedure (Scotland) Act 1975 there shall be substituted respectively