Fiji

Crimes Decree 2009 (decree No. 44 of 2009)

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.

Keywords

National penalties - offences against the administration of justice
National penalties - maximum penalty
Sanctions for misconduct before the court - national proceedings



EDIT.