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England and Wales Court of Protection Decisions
You are here: BAILII >> Databases >> England and Wales Court of Protection Decisions >> M, Re  EWCOP 42 (18 August 2016)
Cite as:  EWCOP 42
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COURT OF PROTECTION
B e f o r e :
In Open Court
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MR. J. GIFFORD HEAD (instructed by Begum & Co.) appeared on behalf of Mrs. T. Kirk.
MS. V. BUTLER-COLE (instructed by Irwin Mitchell) appeared on behalf of the Respondent.
Crown Copyright ©
MR. JUSTICE NEWTON:
"Take notice that if you disobey paragraphs 7 or 8 of this order you may be held to be in contempt and may be imprisoned, fined or have your assets seized. You should seek legal advice in relation to this order and the availability of legal aid should committal proceedings be applied for".
"The court notes that to date Mrs. Kirk has refused to provide the authority to the care home that will facilitate the release of MM into the care of the County Council".
"At the hearing of 20 June 2016, Mrs. Kirk refused to sign documentation in accordance with paragraph 7 of the order".
"The court warned Mrs. Kirk that if she fails to sign the documentation in accordance with paragraph 7 of this order below she will be in contempt of court and could be punished for contempt by imprisonment or a fine".
"1. Firstly, there should be complete clarity at the start of the proceedings as to precisely what the foundation of the alleged contempt is, contempt in the face of the court or breach of an order.
2. Prior to the hearing, the alleged contempt should be set out clearly in a document or application that complies with the rules and which the person accused of contempt has been served with.
3. If the alleged contempt is founded on breach of a previous court order, the person accused had been served with the order and that it contained a penal notice in the required form and place in the order.
4. Whether the person accused of contempt has been given the opportunity to secure legal representation, as they are entitled to.
5. Whether the person accused of contempt has been advised of the right to remain silent.
6. If the person accused of contempt chooses to go against when they were warned against self- recrimination.
7. The need to ensure that, in order to find the breach proved, the evidence must meet the criminal standard of proof of being sure that the breach is established. Any committal order made needs to set out what the findings are that establish the contempt of court which are the foundation of the court's decision regarding any committal order".