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Contempt of Court Act 2019

Provisions to promote and facilitate administration of justice - Dealing with disruptive behaviour relating to court proceedings

11: Procedure for dealing with person cited for disruptive behaviour

You could also call this:

"What happens if you disrupt a court and how you might be punished"

Illustration for Contempt of Court Act 2019

If you are cited for disruptive behaviour in court, you will be held in custody. You must be given a chance to get a lawyer and say sorry to the court. The judge will look at your case before the end of the day and decide if you need to be punished more. They will give you a written statement saying what you did wrong.

The judge will also decide if another judge should hear your case and will set a date for your hearing within the next 7 days. When you go to your hearing, the judge can listen to evidence from anyone and will make a decision. If the judge thinks you are guilty of disruptive behaviour, they can't convict you, but they can give you a punishment.

The judge can send you to prison for up to 3 months, fine you up to $10,000, or make you do community work for up to 200 hours. The judge will follow rules from the Criminal Procedure Act 2011 when deciding what to do with your case. Your case will be heard by a judge, who will make a decision based on the evidence they hear.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS24807.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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10: Judicial officer may cite disruptive behaviour, or

"What happens if you behave badly in court and disrupt things on purpose"

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12: Further provisions applying for purpose of this subpart, or

"Extra rules the court follows when dealing with someone who breaks a court rule"

Part 2Provisions to promote and facilitate administration of justice
Dealing with disruptive behaviour relating to court proceedings

11Procedure for dealing with person cited for disruptive behaviour

  1. While being held in custody, a person cited for disruptive behaviour must be given a reasonable opportunity to—

  2. obtain legal representation; and
    1. apologise to the court.

      1. Before the court rises for the day on which the person is cited and ordered to be detained, the judicial officer must review the matter and, if the judicial officer considers that further punishment is necessary, the judicial officer must—

      2. provide a written statement to the person cited that specifies the behaviour that the judicial officer believes was disruptive behaviour; and
        1. if the judicial officer is a Judge, consider whether there are exceptional circumstances that warrant a different Judge hearing the matter; and
          1. set the matter down for determination before a Judge within the next 7 days.

            1. If the matter is set down for determination, section 168 of the Criminal Procedure Act 2011 (dealing with a defendant on adjournment) applies with the necessary modifications.

            2. At the hearing,—

            3. the Judge may receive from any person any evidence or statement that the Judge considers relevant; and
              1. the Judge must make a finding under subsection (5).

                1. On finding beyond reasonable doubt that the person is guilty of the conduct described in section 10(1)(a) or (b), the Judge—

                2. must not convict the person; but
                  1. may—
                    1. issue a warrant committing the person to imprisonment for a term not exceeding 3 months; or
                      1. impose on the person a fine not exceeding $10,000; or
                        1. order the person to do community work, not exceeding 200 hours, as the Judge thinks fit.