CHAPTER III — CRIMINAL OFFENCES

PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Division 1 — Corruption and the Abuse of Office

Sub-Division g — Other Offences Relating to the Aministration of Justice

Offences relating to judicial proceedings

194.— (1) A person commits a summary offence against this section if he or she—

(a) within the premises in which any judicial proceeding is being had or taken, or within the precincts of those premises, shows disrespect, in speech or manner, to or with reference to—
(i) the proceedings ; or
(ii) any person before whom such proceeding is being had or taken ; or
(b) having been summoned to give evidence in a judicial proceeding, fails to attend ; or
(c) being present at a judicial proceeding and being called upon to give evidence, refuses to be sworn or to make an affirmation ; or
(d) having been sworn or affirmed, refuses without lawful excuse to answer a question or to produce a document ; or
(e) having attended a judicial proceeding to give evidence, remains in the room in which such proceeding is being had or taken after the witnesses have been ordered to leave such room ; or
(f) having been ordered by the court to remain within the premises in which any judicial proceeding is
being heard or taken or within the precincts of the premises departs from the premises or precincts without the leave of the court ; or
(g) causes an obstruction or disturbance in the course of a judicial proceeding ; or
(h) while a judicial proceeding is pending, makes use of any speech or writing wilfully and maliciously misrepresenting such proceeding or capable of prejudicing any person in favour of or against any parties to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken ; or
(i) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private ; or
(j) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with such evidence ; or
(k) dismisses an employee because he has given evidence on behalf of a certain party to a judicial proceeding ; or
(l) wrongfully retakes possession of land from any person who has recently obtained possession by a writ of court ; or
(m) commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken.

CHAPTER III — CRIMINAL OFFENCES

PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Division 1 — Corruption and the Abuse of Office

Sub-Division g — Other Offences Relating to the Aministration of Justice

Offences relating to judicial proceedings

194.— (2) When an offence against paragraphs (a), (b), (c), (d), (e), (g), (h) or (m) of sub-section (1) is committed in view of the court, the court may cause the offender to be detained in custody, and at any time before the rising of the court on the same day may take cognizance of the offence and sentence the offender to a fine not exceeding 5 penalty units, or in default of payment to imprisonment for a term not exceeding 3 months.

Article 63
Trial in the presence of the accused
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused’s choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused’s choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor’s possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.