CORONERS ACT 2008 - SECT 103 Contempt

CORONERS ACT 2008 - SECT 103

    (1)     A person is guilty of contempt of the Coroners Court if the person—

S. 103(1)(a) amended by No. 34/2010 s. 44.

        (a)     wilfully fails to comply with a summons or order of a coroner or a judicial registrar; or

        (b)     insults an officer of the Coroners Court while that officer is performing functions as an officer of the Coroners Court; or

        (c)     insults, obstructs or hinders a person attending an inquest; or

        (d)     misbehaves at or interrupts an inquest; or

S. 103(1)(e) amended by No. 34/2010 s. 44.

        (e)     obstructs or hinders a person from complying with an order of a coroner or a judicial registrar or a summons to attend the Coroners Court; or

        (f)     does any other act that would, if the Coroners Court were the Supreme Court, constitute contempt of that Court.

    (2)     If it is alleged or appears to a coroner that a person is guilty of contempt of the Coroners Court, the coroner may—

        (a)     if the person is in the Coroners Court or in the precinct of the Coroners Court, by oral order direct that the person be arrested and brought before the Coroners Court; or

        (b)     issue a warrant for his or her arrest in the prescribed form.

    (3)     Sections 63 and 64 of the Magistrates' Court Act 1989 apply (with any necessary modifications) to a warrant to arrest issued

under this section as if any reference to the Magistrates' Court were a reference to a

coroner or the Coroners Court.

    (4)     On the person being brought before the Coroners Court, the coroner must cause the person to be informed of the contempt with which he or she is charged and may adopt any procedure that the coroner thinks fit.

    (5)     The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Coroners Court under this section as if the person were accused of an offence and were being held in custody in relation to that offence.

    (6)     On the hearing of a charge for contempt, a coroner must be satisfied of the person's guilt on proof beyond reasonable doubt.

    (7)     If the coroner finds that the person is guilty of contempt of the Coroners Court, the coroner may—

        (a)     in the case of a natural person, commit the person to a prison for a term of not more than 12 months or impose a fine of not more than 120 penalty units;

S. 103(7)(b) amended by No. 34/2010 s. 6(b).

        (b)     in the case of a corporation, impose a fine of not more than 600 penalty units.

    (8)     If a person is committed to prison for a term, the coroner may order his or her discharge before the end of the term.

    (9)     A coroner may accept an apology for a contempt and may remit any punishment for it either wholly or in part.

    (10)     Despite section 62, a coroner is bound by the rules of evidence in exercising a power under this section.