(1) A criminal contempt may be punished summarily if the judge certifies that they saw or heard the conduct constituting the contempt and that it was committed in the actual presence of the Court. The order of contempt must recite the facts as entered on the record by the judge.

(2) Except as provided in subsection (1) of this section, a criminal contempt may be entered upon notice and hearing allowing a reasonable time for the preparation of the defense and must state the essential facts constituting a criminal contempt, which may be made in open Court orally by the judge in the presence of the defendant and the prosecution. The defendant is entitled to a hearing on the contempt charge when the facts upon which the charge is based involve acts committed by the defendant outside the presence of the Court. Upon a finding of guilty, the Court shall enter an order fixing the punishment.