Local Court Act 2007 No 93

Currency

As amended to Justice Legislation Amendment Act (No 3) 2018 (No 87). Sch 1.20 commenced 28 February 2019. Current to 19 February 2019.

Jurisdiction

Contempt

A Local Court has the same powers as the District Court to deal with contempt committed in the face of the court or in the hearing of the court.

Disrespectful behaviour

Section 24A provides that a person is guilty of an offence if that person is an accused person, defendant, or party to proceedings before the court, or has been called to give evidence in proceedings before the court, and intentionally engages in behaviour during the proceedings that is disrespectful to the court or the presiding magistrate “according to established court practice and convention”.

Note:

Section 24(A)(8) Proceedings may only be commenced with the authorisation of the Attorney General, who may authorise proceedings whether or not the disrespectful behaviour has been referred to the Attorney General by a magistrate under s 24A(7).

Proceedings are to be dealt with summarily before the Local Court, or in the case of a child, before the Children’s Court (s 24A(4)) and may be commenced within 12 months of the offence (s 24(5)). A magistrate may refer any disrespectful behaviour to the Attorney General (s 24A(7)). “Behaviour” includes any act or failure to act (s 24A(2)).

The section does not apply to a legal practitioner appearing in that capacity or a police prosecutor or other public official responsible for the conduct of the prosecution.

Section 24A(11): The section does not affect any power with respect to contempt or the exercise of any such power.

SECTION DESCRIPTION PENALTY (MAX) TABLE
24 Contempt of court. A Local Court has the same powers as the District Court. Sections 199, 200 and 202 District Court Act 1973 apply to the Local Court and a magistrate in the same way as they apply to the District court and a judge of the District Court. 28 days imp or 20 pu    
24A Disrespectful behaviour in court 14 days imp or 10 pu or both