NCJ Number
162317
Journal
Australian Journal of Forensic Sciences Volume: 27 Issue: 2 Dated: (July-December 1995) Pages: 65-70
Date Published
1995
Length
6 pages
Annotation
This article reviews the evolution and current content of Australia's contempt-of-court law.
Abstract
There are a number of features of Australia's law regarding criminal contempt of court that set it apart from other criminal offenses. First, there is no statutory definition of the offense; second, in many of its forms no specific intent is required to be proved. Third, the offense is tried summarily (no trial by jury). Fourth, there is no maximum fine or imprisonment. One type of contempt of court involves "contempt in the face of the court." This involves assaulting or making threats against persons in court, insulting the court, disrupting the court proceedings generally, disrespectful or other misbehavior in court, and taking photographs or making sketches in court. A second type of contempt is "subjudice contempt." This form of contempt is best known for the involvement of the media in well- publicized cases. Contempt of this kind is established by proof that publication occurred while court proceedings were "subjudice" (in process) and that there was either an intention to interfere with the administration of justice or that the publication of the material had that tendency. The contempt offense of "scandalizing the court" consists of any act done or writing published calculated to bring "a court or judge of the court into contempt or to lower his authority." It is also contempt of court for anyone to reveal or disclose in any way the content of deliberations made by a jury in any proceedings, whether criminal or civil. Contempt of court also results from revealing what has occurred in closed court or making public information concealed from those present at court proceedings. 2 references