Form N79 PDF Details

Navigating the complexities of the legal system often involves understanding and completing specific documents, one of which is the N79 form. This form serves as a critical document in the enforcement of court orders, specifically regarding committal for contempt of court or breaches of undertakings. Its completion is guided by comprehensive notes that outline the process meticulously, from identifying the parties involved, to specifying the nature of the disobedience and the consequent legal actions. The form divides scenarios into whether an immediate custodial order is made or if alternative disposals are considered, each with particular instructions on how to fill in the relevant sections. It addresses various circumstances, such as the respondent being brought before the court under a power of arrest or a warrant of arrest, and stipulates the detailed recording of service, hearings, and contempt found proved. Additionally, the form is designed to accommodate the penalties imposed, whether it's imprisonment, fines, or adjournments, and it outlines provisions for costs, ensuring a comprehensive framework for documenting the enforcement of court orders. Its structure reflects a balance between specificity and flexibility, allowing for tailored responses to different legal situations while maintaining a standard format for record-keeping and clarity in legal processes.

QuestionAnswer
Form NameForm N79
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesform n79 committal, n79 form in word format, n79 form, n79 court form

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Notes for completion of page 1

Terms or names that may be used more than once in the order are numbered in brackets as follows:

(1)

(2)

(3)

(4)

Person making application for committal

Person against whom the committal order is made (contemnor) Name of prison or young offender institution

Period of detention

If the respondent has been brought before the court under a power of arrest (Family Law Act 1996) delete 1 and 3.

If the respondent has been brought before the court under a warrant of arrest (Family Law Act 1996 or Protection from Harassment Act 1997) delete 1 and 2.

In all other cases delete 2 and 3.

Enter the date of order (with penal notice incorporated or indorsed) or undertaking. Date of form N78 Notice to show good reason (applies to 1 only).

Date of the warrant of arrest (applies to 3 only).

Note: A warrant of arrest cannot be issued on an undertaking under the Protection from Harassment Act 1997.

IMMEDIATE CUSTODIAL ORDER

Complete this section if an immediate custodial order is made otherwise delete and complete section below

Section 9(1) of CJA is for persons aged less than 21 and at least 18.

The total period of detention must be specified by the Judge. The maximum period for contempt of court (including a county court) is 2 years.

If the offence is failure to do a specific act and the judge decides that the application may be made to a district judge upon proof that the act has been done delete (judge) otherwise delete (court).

Complete only if order dispensing with service of notice of application was granted otherwise delete.

ALTERNATIVE DISPOSAL

Delete this section if an immediate custodial order is made otherwise delete alternatives not selected by judge.

Enter the exact terms of any suspended committal order or adjournment of penalty.

There are further possible alternative disposals, eg under sections 35, 37 and 38 of the Mental Health Act and sequestration.

COSTS

Enter any order for costs here or show that no order for costs has been made if applicable

Date the order here

N329 Notes for guidance on completion (Form N79) (April 1999)

Committal or Other Order upon Proof of Disobedience of a Court Order or Breach of an Undertaking

 

 

 

 

Applicant

Between

 

 

Claimant

 

 

 

 

Petitioner

and

 

 

 

Respondent

 

 

 

Defendant

 

 

 

 

Before His (Her) Honour Judge

 

 

Sitting at

on (date)

In the

County Court

Always

Claim No. quote

this

seal

1

An application having been made by(1)

 

for committal of(2)

to prison

 

for disobeying the order [breach of the undertaking] dated

 

 

The relevant terms of the order

 

(undertaking) and the allegations made by the applicant are recited on the attached notice to show good reason

 

 

or

 

 

 

 

 

 

2

Whereas(2)

 

has been suspected of a breach of the attached order

 

 

dated

 

and has been arrested by a constable and brought before the Judge

 

under section 47(6) of the Family Law Act 1996.

 

 

 

 

 

or

 

 

 

 

 

 

3.

Whereas(2)

 

has been suspected of a breach of the attached order

 

 

[undertaking] dated

and has been arrested under a warrant of arrest and brought before the Judge under

 

[section 47(8) of the Family Law Act 1996] [section 3(3) of the Protection from Harassment Act 1997].

 

 

 

IMMEDIATE CUSTODIAL ORDER

 

 

 

 

 

 

 

It is ordered that(2)

 

 

be committed for contempt to Her Majesty’s Prison

 

(be detained under section 9(1) of the Criminal Justice Act 1982) at(3)

for a

 

(total) period of(4)

 

 

or until lawfully discharged if sooner, and that a warrant

 

of arrest and committal be issued forthwith.

 

 

 

 

 

 

And the contemnor can apply to the (court) (judge) to purge his contempt and ask for release.

 

 

[And, as the court by order dated

 

dispensed with service of the notice of application for a committal

 

order,

 

 

 

 

 

 

 

It is ordered that the contemnor be brought before a judge of this court as soon as practicable.]

 

 

 

 

ALTERNATIVE DISPOSAL

 

 

 

 

 

 

 

 

It is ordered that(2)

 

 

be committed for contempt to prison for a (total) period

 

of(4)

 

 

 

 

 

 

The order is suspended until contemnor

[19 ][20 ] and will not be put in force if during that time the complies with the following terms:

And it is further ordered that in the event of non compliance any application for issue of the warrant shall be made to a judge (on notice to the contemnor)

It is ordered that(2)

be fined the sum of £

 

Such sum to be paid into the office of the court within 14 days of the date of this order.

 

It is ordered that consideration of the penalty for the contempts found proved be adjourned until

[19 ]

[20

] and may be restored for decision if during that time(2)

does not comply with the

following terms

PROVISION FOR COSTS

And it is ordered that

Date

For record of service, hearing and contempts found proved, see overleaf

N79 Committal or other order upon proof and disobedience of a court order or breach of an undertaking (Family Law Act 1996) (Protection from Harassment Act 1997)

RECORD OF SERVICE, HEARING AND CONTEMPTS FOUND PROVED

At the hearing

(1)

(2)

[appeared personally] [was represented by solicitor / counsel] [did not attend]

[appeared personally] [was represented by solicitor / counsel] [did not attend]

The court read the affidavits of (Names)

Date affidavit(s) sworn

And the court heard oral evidence given by

Name(s)

And the court is satisfied having considered the facts disclosed by the evidence and/or admitted in court by him/her

that(2)

has been guilty of contempt of this court by disobeying the

order (breaking the undertaking) dated

by (and as set out in the attached schedule)

1.

2.

And for the particular contempt the court imposed the penalty of:

1.

2.

Service of Injunction Order with Penal Notice incorporated or indorsed

(Order dated

[19

][20

]

(for substituted) (dispensing with) service)

 

 

Service proved by

 

 

 

certificate of service

 

 

 

dated

[19

][20

]

certificate of bailiff

 

 

 

oral evidence of

 

 

 

RECORD OF SERVICE

Service of Notice to show good reason in form N78 Arrest under warrant of arrest

(Order dated

[19

][20

 

] respondent arrested on

(for substituted) (dispensing with) service)

 

by

Service proved by

 

 

 

 

 

 

 

certificate of service

 

 

 

in accordance with a warrant

 

 

 

 

dated

[19

][20

]

of arrest issued

 

 

 

 

certificate of bailiff

 

 

 

on

oral evidence of

 

 

 

 

Service of Immediate Custodial Order

I (name of Officer)

certify that I served the contemnor with a copy of this order by:

delivery by hand to the contemnor before he was taken from the court building or other place of arrest to the place of detention

delivery by hand to the contemnor at (time)

on (date)

[19

][20

] at (place)

Where a suspended committal order is made, the applicant is responsible for service. (Rules of the Supreme Court Order 52 rule 7(2).) Where there is suspended committal order or penalty is adjourned on terms, personal service is advisable.

The court office is open from 10 am to 4 pm Monday to Friday.

When corresponding with the court, please address forms and letters to the Court Manager and quote the case number.

© Crown copyright. 2010. Reproduced by Thomson Reuters (Legal) Ltd

Notes on completion of page 2

ð

(Record of service, hearing and contempts found proved)

REPRESENTATION

The parties and their legal representative (advocate only)

AFFIDAVIT EVIDENCE

Only those affidavits which the judge has considered at the hearing. There is unlikely to be any affidavit evidence offered where the respondent has been brought to court under a power of arrest.

ORAL EVIDENCE

Only those witnesses sworn and examined

CONTEMPTS FOUND PROVED

List and give exact details of only those allegations of contempt which the judge has found proved.

If separate penalties are imposed for each contempt found proved these are to be recorded in the right-hand column showing whether or not periods of detention are to run consecutively or concurrently.

If necessary annex additional page and continue list on it. If an additional page is not used delete the words (and as set out in the attached schedule).

JUDGE’S APPROVAL

The Judge must be asked to initial the order here

RECORD OF SERVICE

Enter details of certificates of service.

Record of delivery of an undertaking need not be made on this document as it can be found on the form of undertaking.

A sealed copy of the approved order must be served on the

contemnor, see Order 29 rule 1(5) recited opposite.

ð

Where the respondent is brought before the court under a power of arrest delete record of service of form N78. Where the respondent is brought before the court under a warrant of arrest delete record of service of form N78 and complete record of service of warrant of arrest.

Disobedience of a Court Order or Breach of an

Undertaking

(Form N79)

Notes for Guidance

on Completion

The Court Officer responsible for the forms completion should note the following:

lWhere the respondent is brought before the court after being arrested under a power of arrest (Section 47(6) of the Family Law Act 1996) a sealed copy of the injunction order giving the power of arrest (not Power of Arrest form FL406) with penal notice indorsed becomes part of form N79 and must be attached to the approved order.

lWhere the respondent is brought before the court after being arrested under a warrant of arrest (section 47(8) of the Family Law Act 1996) (section 3(3) of the Protection from Harassment Act 1997) a sealed copy of the injunction order becomes part of form N79 and must be attached to the approved order.

lIn all other cases Form N78 (notice to show good reason why an order for committal should not be made) becomes part of form N79 and a sealed copy of N78 must be attached to the approved order.

lIn all cases the warrant is in form N80.

lWhen the form has been fully completed it must be passed to the judge for approval. If the judge is available he/she should be asked to approve and initial or sign the final (typed) version. If this is not possible the judge must be asked to initial or sign the final hand-written draft. In either case the document endorsed by the judge must be retained on the court file.

lBefore the order is served it must also be checked by an officer of no less than HEO grade.

lBefore the order is served these notes should be detached, they are for the guidance of Court Staff only.

When an immediate custodial order is made:

lA copy of N79 (with attached N78 or injunction) must be sent to the Office of the Official Solicitor.

lA sealed copy of the approved order must be served on the contemnor. Order 29 rule 1(5) CCR states:

If a committal order is made, the order shall be for the issue of a warrant of committal and unless the judge otherwise orders:-

(a)a copy of the order shall be served on the person to be committed either before or at the time of the execution of the warrant; or

(b)where the warrant has been signed by the Judge, the order for issue of the warrant may be served on the person to be committed at any time within 36 hours after execution of the warrant.

How to Edit Form N79 Online for Free

With the help of the online editor for PDFs by FormsPal, you'll be able to fill in or modify form n79 committal right here. The tool is consistently maintained by us, getting cool features and becoming greater. To get started on your journey, consider these basic steps:

Step 1: Click the orange "Get Form" button above. It is going to open up our pdf tool so you could begin completing your form.

Step 2: With our online PDF editor, it is possible to do more than simply fill out blank form fields. Edit away and make your docs look sublime with customized text added in, or adjust the original input to perfection - all that backed up by the capability to insert any images and sign the PDF off.

Pay close attention while completing this pdf. Make sure every blank is filled out correctly.

1. The form n79 committal requires particular information to be typed in. Be sure the next blank fields are finalized:

form n78 completion process detailed (part 1)

2. After this part is completed, go to type in the applicable details in these - Whereas dated under section of, Whereas has been suspected of a, undertaking dated and has been, IMMEDIATE CUSTODIAL ORDER, It is ordered that be detained, be committed for contempt to Her, And the contemnor can apply to the, And as the court by order dated, dispensed with service of the, It is ordered that of, ALTERNATIVE DISPOSAL, and be committed for contempt to.

form n78 conclusion process described (portion 2)

3. This third step is generally straightforward - fill out all of the fields in It is ordered that of, and will not be put in force if, The order is suspended until, complies with the following terms, And it is further ordered that in, It is ordered that Such sum to be, be fined the sum of, It is ordered that consideration, does not comply with the, And it is ordered that, PROVISION FOR COSTS, N Committal or other order upon, For record of service hearing and, and Date to conclude this segment.

And it is further ordered that in, The order is suspended until, and It is ordered that of in form n78

Many people often make errors when completing And it is further ordered that in in this section. Don't forget to re-examine everything you enter right here.

4. To move ahead, the next step will require filling in several blanks. Included in these are At the hearing, appeared personally was, appeared personally was, The court read the affidavits of, Date affidavits sworn, And the court heard oral evidence, And the court is satisfied having, has been guilty of contempt of, and And for the particular contempt, which are vital to continuing with this process.

appeared personally was, The court read the affidavits of, and And the court is satisfied having in form n78

5. Finally, this last portion is precisely what you will have to complete before finalizing the document. The fields at this stage are the following: And for the particular contempt, RECORD OF SERVICE, Service of Injunction Order with, Service of Notice to show good, Order dated, Order dated, and Arrest under warrant of arrest.

Filling out part 5 of form n78

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