Queensland Consolidated Acts

JUSTICES ACT 1886 - SECT 40

40 Penalty for insulting or interrupting justices

(1) A person who—

(a) wilfully insults a justice or a witness or an officer of the court during his or her sitting as, or, as the case may be, attendance in a Magistrates Court or during his or her sitting or, as the case may be, attendance in any examination of witnesses in relation to an indictable offence or who is on his or her way to or from any such court or examination; or

(b) wilfully misbehaves himself or herself in such a court or in the place where such an examination is being held; or

(c) wilfully interrupts the proceedings of such a court or examination; or

(d) unlawfully assaults, or wilfully obstructs a person in attendance at such a court or examination; or

(e) without lawful excuse, disobeys a lawful order or direction of such court or justice;

may by oral order of such court or justice, be excluded from such court or examination and, whether the person is so excluded or not, may be summarily convicted by such court or justice of contempt.

(2) A person convicted under subsection (1) is liable to a maximum penalty of 84 penalty units or imprisonment for 1 year.

(3) A person referred to in subsection (1) —

(a) may be dealt with under this section without a complaint being made or a summons being issued in respect of the person; and

(b) may be taken into custody by a police officer on order of such court or justice and without further warrant; and

(c) may be called upon by such court or justice to show cause why the person should not be convicted of contempt under this section; and

(d) may be dealt with by such court or justice under this section upon the court’s or justice’s own view, or upon the evidence of a credible witness.

(4) A court or justice may, if it or the justice thinks fit, accept from any person convicted by it or the justice of contempt under this section, an apology for such contempt and may recommend that the Governor in Council remit or respite any fine or punishment imposed on such person in respect of such contempt.