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(1)Payment of a fine for contempt of court imposed by a superior court, other than the Crown Court or one of the courts specified in subsection (4) below, may be enforced upon the order of the court—
(a)in like manner as a judgment of the High Court for the payment of money; or
(b)in like manner as a fine imposed by the Crown Court.
(2)Where payment of a fine imposed by any court falls to be enforced as mentioned in paragraph (a) of subsection (1)—
(a)the court shall, if the fine is not paid in full forthwith or within such time as the court may allow, certify to Her Majesty’s Remembrancer the sum payable;
(b)Her Majesty’s Remembrancer shall thereupon proceed to enforce payment of that sum as if it were due to him as a judgment debt; . . . F1
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(3)Where payment of a fine imposed by any court falls to be enforced as mentioned in paragraph (b) of subsection (1), the provisions of [F3sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000] shall apply as they apply to a fine imposed by the Crown Court.
(4)Subsection (1) of this section does not apply to fines imposed by the criminal division of the Court of Appeal or by the House of Lords on appeal from that division.
(5)The Fines Act 1833 shall not apply to a fine to which subsection (1) of this section applies.
F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1Word repealed (1.1.1982) by Supreme Court Act 1981 (c. 54), Sch. 7
F2S. 16(2)(c) repealed (1.1.1982) by Supreme Court Act 1981 (c. 54), Sch. 7
F3Words in s. 16(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 85
F4S. 16(6) repealed (E.W.S) (22.8.1996) by 1996 c. 17, ss. 45, 46, Sch. 3 Pt. I (with s. 38)
E1In its application to Northern Ireland, s. 16 has effect as set out in Sch. 4, see s. 18.
(1)The powers of a magistrates’ court under subsection (3) of section 63 of the M1Magistrates’ Courts Act 1980 (punishment by fine or committal for disobeying an order to do anything other than the payment of money or to abstain from doing anything) may be exercised either of the court’s own motion or by order on complaint.
(2)In relation to the exercise of those powers the provisions of the Magistrates’ Court Act 1980 shall apply subject to the modifications set out in Schedule 3 to this Act.
(1)In the application of this Act to Northern Ireland references to the Attorney General shall be construed as references to the Attorney General for Northern Ireland.
(2)In their application to Northern Ireland, sections 12, 13, 14 and 16 of this Act shall have effect as set out in Schedule 4.
In this Act—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
“court” includes any tribunal or body exercising the judicial power of the State, and “legal proceedings” shall be construed accordingly;
“publication” has the meaning assigned by subsection (1) of section 2, and “publish” (except in section 9) shall be construed accordingly;
“Scottish proceedings” means proceedings before any court, including the Courts-Martial Appeal Court, the Restrictive Practices Court and the Employment Appeal Tribunal, sitting in Scotland, and includes proceedings before the House of Lords in the exercise of any appellate jurisdiction over proceedings in such a court;
“the strict liability rule” has the meaning assigned by section 1;
“superior court” means the Court of Appeal, the High Court, the Crown Court, the Courts-Martial Appeal Court, the Restrictive Practices Court, the Employment Appeal Tribunal and any other court exercising in relation to its proceedings powers equivalent to those of the High Court, and includes the House of Lords in the exercise of its appellate jurisdiction.
F1Definition inserted by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 39(2) and repealed by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1)(3), Sch. 20 para. 31(2), Sch. 21
(1)In relation to any tribunal to which the M1Tribunals of Inquiry (Evidence) Act 1921 applies, and the proceedings of such a tribunal, the provisions of this Act (except subsection (3) of section 9) apply as they apply in relation to courts and legal proceedings; and references to the course of justice or the administration of justice in legal proceedings shall be construed accordingly.
(2)The proceedings of a tribunal established under the said Act shall be treated as active within the meaning of section 2 from the time when the tribunal is appointed until its report is presented to Parliament.
(1)This Act may be cited as the Contempt of Court Act 1981.
(2)The provisions of this Act relating to legal aid in England and Wales shall come into force on such day as the Lord Chancellor may appoint by order made by statutory instrument; and the provisions of this Act relating to legal aid in Scotland and Northern Ireland shall come into force on such day or days as the Secretary of State may so appoint.
Different days may be appointed under this subsection in relation to different courts.
(3)Subject to subsection (2), this Act shall come into force at the expiration of the period of one month beginning with the day on which it is passed.
(4)Sections 7, 8(3), 12, 13(1) to (3), 14, 16, 17 and 18, Parts I and III of Schedule 2 and Schedules 3 and 4 of this Act do not extend to Scotland.
(5)This Act, except sections 15 and 17 and Schedules 2 and 3, extends to Northern Ireland.
C1Power of appointment conferred by s. 21(2) not exercised
Contempt of Court Act 1981