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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

12: Further provisions applying for purpose of this subpart

You could also call this:

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

Illustration for Contempt of Court Act 2019

When you break a court rule, the court can take action against you. The court follows some rules from the Sentencing Act 2002 when it takes this action, as if you had been found guilty of a crime. These rules help the court decide what to do.

If you are found guilty and given a punishment, such as imprisonment, a fine, or community work, you can appeal this decision. The rules for appealing are found in the Criminal Procedure Act 2011. You can use these rules to challenge the court's decision.

If the court decides to send you to prison, a warrant is issued to take you into custody. A constable or bailiff will take you to prison and every police officer must help with this. You will be taken to a prison that is run according to the Corrections Act 2004.

The prison manager must accept you and keep you in prison until you are allowed to leave. This means you will be in a prison that follows the rules set out in the Corrections Act 2004. The prison manager has a duty to look after you while you are in prison.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS24808.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal law
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Part 2Provisions to promote and facilitate administration of justice
Dealing with disruptive behaviour relating to court proceedings

12Further provisions applying for purpose of this subpart

  1. Subparts 1, 2, and 3 of Part 2 of the Sentencing Act 2002 apply to any action taken under section 11(5) as if the finding were a conviction for an offence and any imprisonment, fine, or order to do community work were a sentence.

  2. Subpart 5 of Part 6 of the Criminal Procedure Act 2011 (appeals against finding of or sentence for contempt of court) applies to any finding of guilt and to any imprisonment, fine, or order to do community work under section 11(5).

  3. A warrant for the committal of any person to prison under section 11(5) must be directed to a bailiff or constable, who may take the person into custody, and every constable has a duty to assist in the execution of the orders or warrants issued under that provision.

  4. Any person committed to prison by any court under section 11(5) must be committed to a prison established under or deemed to be established under the Corrections Act 2004, and the prison manager of the prison mentioned in the order or warrant is bound to receive and keep the person until the person is lawfully discharged.