Page 1143 - IOM Law Society Rules Book

PART 12: ENFORCEMENT

(d) where it appears to the court that in the interests of the administration of
justice or for reasons of national security the application should be heard in
private;
but otherwise the application must be heard in public.

(2) If the court hearing an application in private by virtue of paragraph (1)
decides to make an order of committal against the person sought to be committed, it shall in
public state —
(a) the name of that person;
(b) in general terms the nature of the contempt of court in respect of which the
order of committal is being made; and
(c) the length of the period for which he is being committed.
(3) Except with the permission of the court hearing an application for an order of
committal, no grounds shall be relied upon at the hearing except the grounds set out in the
affidavit under rule 12.62.
(4) If on the hearing of the application the person sought to be committed
expresses a wish to give oral evidence on his own behalf, he is entitled to do so.

12.64 Power to suspend execution of committal order (RSC 52.7)
(1) Where the court has made an order of committal, it may by order direct that
the execution of the order of committal shall be suspended for such period or on such terms or
conditions as it may specify.
(2) Where execution of an order of committal is suspended by an order under
paragraph (1), the applicant for the order of committal must, unless the court otherwise
directs, serve on the person against whom it was made a notice informing him of the making
and terms of the order under that paragraph.

12.65 Warrant for arrest (RSC 52.7A)
A warrant for the arrest of a person against whom an order of committal has been
made shall not, without further order of the court, be enforced more than 2 years after the date
on which the warrant is issued.
12.66 Discharge of person committed (RSC 52.8)
The court may, on the application of any person committed to an institution for any
contempt of court, discharge him.

12.67 Savings (RSC 52.5, 9)
(1) Nothing in this Chapter shall be taken as affecting the power of the court to
make an order of committal of its own initiative against a person guilty of contempt of court.
(2) Nothing in this Chapter shall be taken as affecting the power of the court to
make an order requiring —
(a) a person guilty of contempt of court, or
(b) a person punishable by virtue of any statutory provision in like manner as if
he had been guilty of contempt of the court,
to pay a fine or to give security for his good behaviour; and rules 12.61 to 12.64, so far as
applicable and with the necessary modifications, apply in relation to an application for such
an order as they apply in relation to an application for an order of committal.

12.68 Committal for non-payment of judgment debt etc.
The foregoing provisions of this Chapter apply, with any necessary modifications, to
the committal of a person under —

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