Source: All England Reporter
Publisher Citation: [2001] All ER (D) 135 (Feb)
Court: Court of Appeal, Civil Division

Dame Elizabeth Butler-Sloss P, Hale and Arden LJJ

Representation Mukhtiar Otwal (instructed by Kaim Todner) for the wife.
  Peter Jones (instructed by Lawrence Davies & Co) for the husband.
Judgment Dates: 12 February 2001


Contempt of court - Committal - Breach of injunction - Husband remanded in custody awaiting psychiatric reports - Judge sentencing husband to period of imprisonment on basis that further detention on remand not possible - Whether judge in error - s 35 - s 48.

The Case

Under s48 of the the power to remand an individual in custody, following committal for breach of an injunction, might be exercised to enable medical examination and reports to be obtained, with adjournments for three weeks at a time, and s35 of the which placed a time limit on the period of remand in custody, would not then apply. Section48 of the 1996 Act did not provide for an end date so that the court might continue to remand an individual in custody for as long as was necessary for reports to be obtained. In the instant case, the judge was not likely to have sentenced H if she had been aware that the opportunity to remand him further had existed, and accordingly, the sentence imposed would be set aside.

Practice Areas

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