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CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division f — Perjury And False Statements And Declarations
Perjury
176.— (1) Any person lawfully sworn as a witness in a judicial proceeding who wilfully makes a statement material in that proceeding which he or she knows to be false or does not believe to be true commits an indictable offence (which is triable summarily) termed perjury.
Penalty — Imprisonment for 7 years.
(2) Any person lawfully sworn as an interpreter, who wilfully in the course of his or her duties as an interpreter—
(a) makes any misstatement ; or
(b) actively or by omission misinterprets any statement (whether or not that statement is material in any judicial proceeding)—
commits the offence of perjury.
Penalty — Imprisonment for 7 years.
(3) Where a statement made for the purpose of a judicial proceeding is not made before the court or tribunal itself, but is made on oath before a person authorised by law to administer an oath to the person who makes the statement and to record or authenticate the statement it shall, for the purposes of this section, be treated as having been made in a judicial proceeding.
(4) The question whether a statement on which perjury is assigned was material is a question of law to be determined by the court of trial.
CHAPTER III — CRIMINAL OFFENCES
PART 11 — OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY
Division 1 — Corruption and the Abuse of Office
Sub-Division f — Perjury And False Statements And Declarations
Fabricating evidence
184. A person commits a summary offence if he or she, with intent to mislead any tribunal in any judicial proceeding—
(a) fabricates evidence by any means other than perjury or subornation of perjury ; or
(b) knowingly makes use of such fabricated evidence.
Penalty — Imprisonment for 7 years.
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
Deceiving witnesses
188. A person commits a summary offence if he or she —
(a) practices any fraud or deceit ; or
(b) knowingly makes or exhibits any false statement, representation, token or writing—
to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of the person as a witness.
Penalty—Imprisonment for 1 year.
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
Destroying evidence
189. A person commits a summary offence if he or she, knowing that any book, document or thing of any kind is or may be required in evidence in a judicial proceeding—
(a) wilfully removes or destroys it ; or
(b) renders it illegible or indecipherable or incapable of identification—
with the intent to prevent it from being used in evidence.
Penalty — Imprisonment for 1 year.
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
Conspiracy to defeat justice and interference with witnesses
190. A person commits a summary offence if he or she —
(a) conspires with any other person to knowingly and maliciously accuse any person falsely of any crime ; or
(b) conspires to do anything to obstruct, prevent, pervert or defeat the course of justice ; or
(c) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from appearing and giving evidence, or endeavours to do so ; or
(d) obstructs or in any way interferes with or knowingly prevents the execution of any legal process (civil or criminal) ;
(e) in any way obstructs, prevents, perverts or defeats, or attempts to obstruct, prevent, pervert or defeat, the course of justice.
Penalty — Imprisonment for 5 years.
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
Compounding serious offences and actions for criminal offences
191.— (1) A person commits a summary offence if he or she asks, receives or obtains (or agrees or attempts to receive or obtain) any property or benefit of any kind for himself or herself or any other person, upon any agreement or understanding that he or she will—
(a) compound or conceal an indictable offence ; or
(b) abstain from, discontinue or delay a prosecution for such an offence ; or
(c) withhold any evidence in relation to the offence.
Penalty — Imprisonment for 2 years.
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.
Penalty — Imprisonment for 3 months.
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.