The general position is that a party who has been found to have been in contempt may not take proceedings or be heard in the matter until he purges his contempt.\u00a0 He may not appeal from an order until he purges the contempt.\u00a0 There are exceptions.\u00a0 He may appeal with a view to setting aside the order and which his contempt is based.<\/p>\n
He may be allowed to prosecute his action where the defendant has not applied to stay the proceedings.\u00a0 In general terms, he will not be allowed to proceed where his contempt impedes the course of justice and there is no other way of securing his obedience.<\/p>\n
A writ of attachment is executed by the sheriff by lodging the person who has been attached in prison.\u00a0 He is to remain there until an order is made for his discharge.\u00a0 A sheriff is not bound at common law to bring the person before the court unless he is so directed.<\/p>\n
An order for attachment is in force for one year. A further order is required if it has not been executed in this period.\u00a0 The person in contempt is removed to a prison, and to remain there until an application is made for discharge.\u00a0 If the sentence is for a fixed period, he is to remains there until this period expires.<\/p>\n
Where the contempt is criminal, the officer executing the order may break an outer door at common law.\u00a0 Persons committed for contempt were, historically kept in different conditions to persons convicted of criminal offences under prison rules.<\/p>\n
An application to discharge a person from a custody or imprisonment by reason of attachment and committal is made by motions or summons.\u00a0 It may be based on evidence that the person concerned has purged his contempt or on the basis of a flaw in the proceedings.<\/p>\n
Notice of the application must be given to the other party. Motions for the discharge of persons who are imprisoned are given priority by the courts.<\/p>\n
Where a person has been committed for a fixed period for criminal contempt, the Minister of Justice may reduce the sentence.\u00a0 Where the orders for attachment or committal is made to uphold the authority of the court, it may have to consider the person who has been sufficiently punished, discharge him.<\/p>\n
The order for discharge may and usually will order the prisoner to pay the costs caused by the contempt. In civil cases, the discharge is not made conditional on payment.\u00a0 In a criminal case, imprisonment may be imposed by way of a fine in the alternative.<\/p>\n\n
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Attachment and Committal Attachment and committal is a method or process for execution of civil judgements and orders It is also employed for punishing other instances of contempt of court. The purpose of the process is to compel compliance with the judgment. It is not a criminal process nor is it punitive in nature A […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[326],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21371"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21371"}],"version-history":[{"count":1,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21371\/revisions"}],"predecessor-version":[{"id":21413,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21371\/revisions\/21413"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21371"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21371"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21371"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}