MAGISTRATES' COURT ACT 1989 - SECT 134 Contempt of court
MAGISTRATES' COURT ACT 1989 - SECT 134
Contempt of court(1) A person is guilty of contempt of court if—
(a) having been summoned as a witness and having been given or tendered any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend or to produce any documents or things required by the summons to be produced; or
S. 134(1)(b) amended by No. 6/2018 s. 68(Sch. 2 item 81.5).
(b) having been summoned as a witness and having attended as required, the person refuses to be sworn or affirmed or to answer any lawful question; or
S. 134(1)(c) amended by No. 6/2018 s. 68(Sch. 2 item 81.5).
(c) being examined as a witness or being present in court and required to give evidence, the person refuses to be sworn or affirmed or to answer any lawful question or, without sufficient excuse, to produce any documents or things that the person has been or is required to produce; or
(d) being present in court and required to give evidence, the person wilfully disobeys an order made under section 127; or
(e) in the opinion of the magistrate the person is guilty of wilful prevarication.
(2) In the case of a contempt referred to in subsection (1), the Court may direct the arrest of the person and, 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) If the Court finds that the person is guilty of a contempt referred to in subsection (1), it may order—
(a) that the person be sentenced to a term of imprisonment of not more than 1 month; or
(b) that the person be fined not more than 5 penalty units and that in default of payment of the fine within a specified time the person be imprisoned for a term of not more than 1 month.
(4) Without limiting subsection (3)—
S. 134(4)(a) amended by No. 68/2009 s. 97(Sch. item 82.52).
(a) if a person commits a contempt referred to in subsection (1) at a committal proceeding, the Court may adjourn the proceeding for a period of not more than 8 clear days and section 331 of the Criminal Procedure Act 2009 applies as if the person were an accused in a criminal proceeding; and
(b) if at the adjourned hearing the contempt is repeated, the Court may—
(i) proceed under paragraph (a); or
(ii) punish for the contempt in any manner provided in subsection (3).
(5) A person is guilty of contempt of court if—
(a) having been summoned in accordance with the Rules to attend at a sitting of the Court to be orally examined by the appropriate registrar concerning the failure to comply with an order for the payment of money and having been given or tendered any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend; or
S. 134(5)(ab) inserted by No. 12/2006 s. 174, amended by No. 47/2014 s. 280.
(ab) having been summoned under Part 6 of the Fines Reform Act 2014 to attend at the Court to be orally examined by a registrar and having been given any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend; or
S. 134(5)(b) amended by No. 6/2018 s. 68(Sch. 2 item 81.5).
(b) having been so summoned and having attended as required, the person refuses to be sworn or affirmed or to answer any lawful question; or
(c) in the opinion of the appropriate registrar the person is guilty of wilful prevarication.
(6) In the case of a contempt referred to in subsection (5), the appropriate registrar must report the contempt to the next practicable sitting of the Court constituted by a magistrate at the proper venue and the Court may direct the arrest of the person and may punish for the contempt as in the case of a contempt referred to in subsection (1).
(7) If a contempt referred to in this section also constitutes a contempt of court committed in the face of the Court, the Court may deal with the contempt under this section or under section 133, as it thinks fit.
S. 134(8) inserted by No. 34/1990 s. 4(Sch. 3 item 13).
(8) 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.