Committal for Contempt of Court: Jaudvems

Family CourtCommittal for Contempt of Court

Case Number: G00ZB360

Family court

26 October 2023

Before:
HHJ Sarah Richardson

Respondent:
Ivars Jaudvems

Order

Order following initiation of proceedings in relation to non-attendance of respondent within D50K proceeding

Upon recording that:
.-a) The court is dealing With an application for enforcement of a maintenance order by such method as the court may consider appropriate that was issued on 9 April 2021

b} An order that the respondent attend court at the Family Court sitting at Hull Combined Court Centre, Lowgate, Hull, HU1 2EZ on 10 August 2023 at 11 am was served upon the respondent by bailiff service on 6 June 2023 by way of Personal Service pursuant to an order of the court dated 24 May 2023

c} Pursuant·to Rule 33.3(3) FPR 2010 the order to attend court on 10 August 2023 contained a notice that “If you fail to comply with paragraphs 4, 5 ar.1d 6 of this order and fail to attend court at the next hearing the court may commit you to prison in your absence or issue a bench warrant.”

d} The respondent failed to attend the hearing on 10 August 2023. He provided no explanation for his absence.

e) The court therefore determined of its own motion that it should initiate proceedings for committal of the respondent, for contempt of court. It made an order setting out the alleged grou_nds of committal as follows:

The alleged grounds for committal are that:

The respondent. has disobeyed an order issued on requiring him to attend before the Family Court sitting at Hull Combined Court Centre on 10 August 2023 at 11.30am that order containi11·g a warning as to tt,e consequences of non-compliance and being served upon the respondent in the following way: Personal Bailiff Service on 6 June 2023 by failing to attend as ordered.

f) The court therefore ordered that the contempt proceedings be transferred to the High Court of Justice, Family Division, Kingston-upon-Hull District Registry, that the respondent, lvars Jaudzems must attend Court at Hull Combined Court Centre on 26 October 2023 at 11am when the court would decide whether the allegation of contempt set out above is true. The respondent was put on notice that, if the court decided that the allegation of contempt is true, it may commit him to custody.. The court also ordered that copies of its order made on 10 August 2023, and copies of the order to attend dated 24 May 2023 and evidence of service of that order together with copies translated into Latvian of the orders and evidence of the service of the order dated 24 May 2023 hould be personally served upon the respondent by the court bailiff and should stand as evidence within the contempt proceedings. The respondent was informed in the order made on 10 August 2023 that if he failed to attend the committal hearing the court may proceed in his absence and either determine whether the allegation of contempt of court was proved (and if so proceed to deal with the respondent in respect of that contempt) or (if the bench warrant has not been· executed) extend it or issue a further warrant for his arrest.

g) The or.der made on 10 August 2023, the bench warrant and the further documents that the· court directed to be served on the Respondent were personally served on him in b,oth English and Latvian by the court bailiff at 11:32 on 18 October 2023.

h) The Respondent failed to attend court on 26 October 2023 at 11am. In addition to
calling tpe case on the court also used the public tannoy system to ask the Respondent to attend Court 6 (where the hearing was taking place). The judge waited until 11.15am before handing down a judgment dealing with the issue of whether the Respondent was in contempt of court and ensured that the court appointed Latvian interpreter was present throughout the hearing in case the Respondent attended late.

i) The Judge was satisfied beyond reasonable doubt that the Respondent was in contempt of court for failing to attend the hearing on 1O August 2023. He had been personally served with an order requiring his attendance on that date and pointing out the consequences if he failed to do so. He was also personally served with the order dated 1O August 2023 which informed him of what might happen if he did not attend court on 26 October 2023. All of these documents were served in both English nd Latvian on the Respondent. The order made on 10 August has now been served on the Respondent twice. He has failed to engage with the court and the last service on his was some 8 days ago, thereby providing him with adequate time to make arrangements to attend court on 26 October 2023. He had a long history of non­ engagement against a background where the court has done everything in its power to ensure that he is aware of hearings (including the hearing on 10 August 2023) and the consequences of not attending the same. The Judge did not in the circumstances feel that it was necessary or proportionate to adjourn the hearing for the consideration of what penalty to pass for contempt. She was satisfied that the custody threshold was met but in light of the guidance in Lovett v Wigan BC and the primary purpose of any penalty being to ensure compliance with court orders she was satisfied that it was appropriate to suspend any custodial sentence. She therefore made an order that the Respondent be imprisoned for 14 days suspended on terms that he attend court on 13 December 2023 at 11am.

j) If the Respondent does not attend the hearing on 13 December. 2023 he will be in breach of the suspended order for committal and will be at risk of the court committing him to prison for an immediate period of up to 14 days. The court may also issue a bench warrant to facilitate him being brought into custody.

The court therefore orders that:

  1. The Respondent, lvars Jaudzems, be committed to prison for 14 days suspended on terms that he attends court on 11 December 2023 at 10am.
  2. · The court records that, for the purposes of the contempt proceedings, the respondent, is entitled to apply for criminal legal aid and is advised to consider doing so.
  3. This order together with a copy of the same translated in Latvian shall be personally served upon the respondent by the court bailiff and shall stand as evidence within the contempt proceedings.
  4. If the respondent fails to attend the hearing on 11 December 2023 at 10am.he will be in breach Qf the terms of the suspension of his prison sentence and the court will decide whether all or part of the prison sentence of 14 days should be served by the Respondent and whether to issue a fresh bench warrant to facilitate the Respondent being brought.into custody. ·
  5. The application for enforcement of a maintenance order by such method as the court may consider appropriate shall be adjourned until the same date (11 December 2023 at 10am).
  6. The court is to arrange for the attendance of a Latvian translator at the hearing on 11 December 2023 at 10am.

Dated order: 26 October 2023

Order made by HHJ Sarah Richardson

Note; Failure to attend the next hearing may result in the court ordering that the Respondent serves all or part of the 14 prison sentence and/or the issuing of a further bench warrant.