MAGISTRATES' COURT ACT 1989 - SECT 133 Contempt in face of the Court

MAGISTRATES' COURT ACT 1989 - SECT 133

    (1)     If it is alleged or appears to the Court that a person is guilty of contempt of court committed in the face of the Court, the Court may—

        (a)     by oral order direct that the person be arrested and brought before the Court; or

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

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

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

    (4)     If the Court finds that the person is guilty of contempt of court, it may order that the person be sentenced to a term of imprisonment of not more than six months or fined not more than 25 penalty units.

    (5)     If a person found guilty of contempt of court is ordered to be imprisoned, the Court may order his or her discharge before the end of the term.

    (6)     The Court may accept an apology for a contempt and may remit any punishment for it either wholly or in part.

S. 133(7) amended by No. 63/2014 s. 7(15).

    (7)     Persons who by conduct in the Court or in the precincts of the Court interrupt the proceedings of the Court in circumstances in which it appears to the Court that those persons are involved in the commission of an offence with the object of interrupting the proceedings of the Court may each be dealt with under this section for contempt of court committed in the face of the Court.

Note to s. 133(7) inserted by No. 63/2014 s. 7(16).

Note

Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 deals with complicity in commission of offences.