MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 49 Contempt of Chief Examiner
MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 - SECT 49
Contempt of Chief Examiner(1) A person attending before the Chief Examiner in answer to a witness summons is guilty of a contempt of the Chief Examiner if the person—
(a) fails without reasonable excuse to produce any document or other thing the person is required by the witness summons to produce; or
(b) being called or examined as a witness at an examination, refuses to be sworn or to make an affirmation or, without reasonable excuse, refuses or fails to answer any question relevant to the subject-matter of the examination; or
(c) engages in any other conduct that would, if the Chief Examiner were the Supreme Court, constitute a contempt of that Court.
(2) If it is alleged or appears to the Chief Examiner that a person is guilty of contempt of the Chief Examiner, the Chief Examiner may—
(a) issue a written certificate charging the person with contempt and setting out or attaching details of the alleged contempt ( certificate of charge ); and
(b) issue a warrant to arrest the person ( arrest warrant ).
(3) An arrest warrant—
(a) may be directed to—
S. 49(3)(a)(i) amended by No. 37/2014 s. 10(Sch. item 103.10(a)(i)).
(i) a named police officer; or
S. 49(3)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 103.10(a)(ii)).
(ii) generally all police officers; and
(b) authorises the person to whom it is directed to arrest the person named in the warrant.
(4) A person who is arrested under an arrest warrant—
(a) is to be brought before the Supreme Court forthwith to be dealt with according to law; and
(b) may be detained in police custody in the meantime.
(5) If the Chief Examiner is satisfied that there are reasonable grounds to believe that it is necessary to prevent the arrested person from escaping from police custody or to ensure the safety of the person, the Chief Examiner may direct that the person be detained in a prison or a police gaol for the purpose of ensuring his or her appearance before the Supreme Court.
(6) If a person detained in police custody under this section, other than a person detained in accordance with a direction under subsection (5), is required to be detained overnight, the Chief Commissioner must arrange for the person to be provided with accommodation and meals to a standard comparable to that generally provided to jurors kept together overnight.
S. 49(7) amended by No. 37/2014 s. 10(Sch. item 103.10(b)).
(7) If a person is detained in a prison in accordance with a direction under subsection (5), the Chief Examiner may give a written direction for the person to be delivered into the custody of a police officer for the purpose of bringing the person before the Supreme Court.
(8) If it is not practicable for the person to be brought before the Supreme Court forthwith after he or she is arrested—
(a) the person for the time being in charge of the place where he or she is detained must—
(i) advise the person that he or she is entitled to apply to a bail justice for discharge from custody; and
(ii) give the person a written statement of his or her right to apply; and
(b) if the person elects to apply, the person for the time being in charge of the place where he or she is detained must—
(i) cause the person to be brought before a bail justice as soon as practicable; and
(ii) cause to be produced before the bail justice the arrest warrant and the certificate of charge for the person; and
(iii) abide by the decision of the bail justice in relation to the person.
(9) When a person is brought before a bail justice under subsection (8), the bail justice may discharge the person from custody on bail in accordance with the Bail Act 1977 as if the person had been accused of an offence.
(10) A contempt of the Chief Examiner is to be dealt with by the Supreme Court as if—
(a) the contempt were a contempt of an inferior court; and
(b) the certificate of charge were an application to the Supreme Court for punishment for the contempt.
(11) A certificate of charge is evidence of the matters set out in or attached to it.
S. 49(12) amended by Nos 60/2008 s. 3(1), 67/2011 s. 4, repealed by No. 55/2014 s. 166.
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