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MAGISTRATES COURT ACT 2004 - SECT 15

MAGISTRATES COURT ACT 2004 - SECT 15

15 .         Contempts of Court

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

            (a)         while the Court is sitting, wilfully —

                  (i)         interrupts the proceedings;

                  (ii)         misbehaves before the Court;

                  (iii)         insults a person constituting the Court;

            (b)         wilfully insults or obstructs —

                  (i)         a person going to a courtroom for the purpose of constituting the Court;

                  (ii)         a person leaving a courtroom having constituted the Court;

            (c)         when required by the Court to take an oath or affirmation, does not do so;

            (d)         when required by the Court to give evidence that the person is competent and compellable to give, does not do so;

            (e)         does not, in the face of the Court, comply with a lawful direction of the Court.

        (2)         A person who —

            (a)         having been served with a summons to attend as a witness, without reasonable excuse, does not attend as required by the summons; or

            (b)         having been required by the Court to produce a record or thing to the Court, without reasonable excuse, does not do so,

                is guilty of a contempt of court unless the omission is an offence.

        (3)         A person is guilty of a contempt of the Court if —

            (a)         the Court makes a lawful order ordering a person to do an act (other than to pay money) or to cease (temporarily or permanently) doing an act; and

            (b)         the person, without reasonable excuse, does not comply with the order; and

            (c)         another written law does not provide a means for punishing non-compliance with or enforcing the order.

        (4)         This section applies in relation to an act or omission by a person outside the State as if it were an act or omission by the person in the State.

        [Section 15 amended: No. 7 of 2008 s. 156.]