The defendant challenged a bench warrant issued out of the Chancery Division for his arrest. He said the lack of any written procedure made it non-compliant with his human rights, and a warrant could not be issued without a finding of contempt.
Held: The rules did not make any provision, but nonetheless the court had an inherent jurisdiction to secure compliance with it’s orders. The presence of rule not mentioning such a power did not negate its existence. That a bench warrant was issued in a criminal case in H did not either establish that a finding of contempt was first required in this context.
Judges:
Roderick Evans J
Citations:
Times 13-Nov-2003
Jurisdiction:
England and Wales
Citing:
Cited – In re a solicitor: H v United Kingdom ECHR 1985
. .
Cited – In R B (Minors) (Wardship: Power to Detain) CA 24-May-1994
A wardship court may not order the detention of a person after an arrest without a finding first of contempt. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Contempt of Court
Updated: 21 June 2022; Ref: scu.188676