SUPREME COURT ACT 1970 - SECT 101A
Question of law concerning criminal contempt may be submitted to Court of Appeal
SUPREME COURT ACT 1970 - SECT 101A
Question of law concerning criminal contempt may be submitted to Court of Appeal
101A Question of law concerning criminal contempt may be submitted to Court of
Appeal
(1) At any time after the conclusion of contempt proceedings in which the
alleged contemnor is found not to have committed contempt, the Attorney
General may submit to the Court of Appeal any question of law arising from or
in connection with the proceedings.
(2) The Attorney General must submit with
the question to be determined a statement of the circumstances out of which
the question arose, and thereafter must furnish such further statement as the
Court of Appeal may require.
(3) The Court of Appeal has jurisdiction to hear
and determine any question submitted to it under this section.
(4) The
determination of the Court of Appeal of the question submitted does not in any
way affect or invalidate any finding or decision given in the
contempt proceedings.
(5) The alleged contemnor is entitled to be heard on
the question submitted and, if it appears that the alleged contemnor does not
propose to be represented, the Attorney General is to instruct an Australian
legal practitioner to argue the question before the Court of Appeal on behalf
of the person.
(6) The reasonable costs of legal representation of the
alleged contemnor in proceedings under this section are to be paid by the
Crown.
(7) Unless the Court orders otherwise (whether on the application of a
party to the proceedings or of its own accord), proceedings under this section
are to be held in camera, except that an Australian legal practitioner may be
present at the proceedings for the purpose of reporting the case for any
lawful purpose of the Council of Law Reporting for New South Wales.
(8) A
person--
(a) must not publish any report of any submission made under
subsection (1), and
(b) must not publish any report of proceedings under this
section so as to disclose the name or identity of the alleged contemnor unless
the contemnor has, during the proceedings, consented to his or her name or
identity being disclosed.
(9) Any publication in contravention of subsection
(8) is punishable as contempt of the Court.