{"id":1386,"date":"2021-07-18T22:47:22","date_gmt":"2021-07-18T22:47:22","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1386"},"modified":"2024-03-18T22:20:07","modified_gmt":"2024-03-18T22:20:07","slug":"contempt-of-court","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/contempt-of-court\/","title":{"rendered":"Contempt of Court"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Nature_of_Contempt\" title=\"Nature of Contempt\">Nature of Contempt<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Contempt_in_the_Face_of_the_Court\" title=\"Contempt in the Face of the Court\">Contempt in the Face of the Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Perjury\" title=\"Perjury\">Perjury<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Publishing_Material\" title=\"Publishing Material\">Publishing Material<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Civil_v_Criminal_Contempt\" title=\"Civil v Criminal Contempt\">Civil v Criminal Contempt<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Contempt_Issues\" title=\"Contempt Issues\">Contempt Issues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Scandalising_the_Court\" title=\"Scandalising the Court\">Scandalising the Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Sub_judice\" title=\"Sub judice\">Sub judice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/#Possible_Reform\" title=\"Possible Reform\">Possible Reform<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/2\/#CRIMINAL_JUSTICE_ACT_1999\" title=\"CRIMINAL JUSTICE ACT, 1999\">CRIMINAL JUSTICE ACT, 1999<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/2\/#Witnesses_in_fear_or_subject_to_intimidation\" title=\"Witnesses in fear or subject to intimidation.\">Witnesses in fear or subject to intimidation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/2\/#Relocated_Witnesses\" title=\"Relocated Witnesses.\">Relocated Witnesses.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/2\/#Intimidation_etc_of_witnesses_jurors_and_others\" title=\"Intimidation etc. of witnesses, jurors and others.\">Intimidation etc. of witnesses, jurors and others.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/contempt-of-court\/2\/#Arrest_and_detention_of_prisoners_in_connection_with_investigation_of_other_offences\" title=\"Arrest and detention of prisoners in connection with investigation of other offences.\">Arrest and detention of prisoners in connection with investigation of other offences.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Nature_of_Contempt\"><\/span>Nature of Contempt<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Contempt of court is an act or omission which is calculated to interfere with the due administration of justice. Contempt of court covers a wide range of matters that interfere with the inherent power of courts in dealing with disputes and matters before them.\u00a0 Contempt arises where there is a real risk of prejudice to the administration of justice.<\/p>\n<p>The administration of justice requires that citizens have access to civil and criminal courts for the determination of their disputes.\u00a0 They are entitled to a fair hearing of the matter before an independent judge free from bias in accordance with evidence put before the court.\u00a0 Once the dispute has been submitted to the court, citizens are entitled to rely on there being no usurpation of any of the court&#8217;s functions.<\/p>\n<p>Contempt of court may include contempt in the face of court or words written or spoken or acts calculated to prejudice the administration of justice or the obedience of court orders, done outside of court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Contempt_in_the_Face_of_the_Court\"><\/span>Contempt in the Face of the Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Courts have an inherent power to imprison or fine persons for contempt committed in the face of the court.\u00a0 This is contempt committed in court.\u00a0 The court may deal summarily with contempt there and then.<\/p>\n<p>Contempt in the face of court is an act done or words spoken in or in the precinct of a court which obstructs or interferes with the administration of justice or is calculated it to do so.<\/p>\n<p>The following may, for example, constitute contempt of court<\/p>\n<ul>\n<li>interruption of court proceedings; this may include interruption or disturbance by word or conduct;<\/li>\n<li>assaults or violence committed in court; this may include assaulting or threatening a judicial officer in the course of carrying out his functions; it may include assaulting or threatening of witness, juror, litigant judge, et cetera in court during court proceedings.<\/li>\n<li>insult to the court;\u00a0 this covers disturbing or obstructing court while in session; it may arise by conduct or demeanour.\u00a0 The court is entitled to decide what constitutes contempt.<\/li>\n<li>photographing or recording in court.<\/li>\n<li>refusing without lawful excuse to be sworn or answer questions as a party or witness<\/li>\n<li>remaining in court after witnesses have been ordered to leave<\/li>\n<li>misbehaviour by jury members or parties<\/li>\n<\/ul>\n<p>Contempt in the face of the court is subject to immediate sanction. It does not require a trial or investigative process.<\/p>\n<p>It is an offence and contempt of court to deny a person access to the court. Interference with persons having duties to discharge in the judicial process may be contempt.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Perjury\"><\/span>Perjury<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Perjury is an offence at common law.\u00a0 It is committed where a person on lawful oath or affirmation, swears falsely on a matter material to the issues in questions.\u00a0 Perjury may apply in legal proceedings or in other contexts, such as where an affidavit or oath is sworn out or court.<\/p>\n<p>Subornation of perjury is committed by instructing or procuring another to take a false oath which amounts to perjury.<\/p>\n<p>Perjury may be prosecuted by showing the falsity of statements made by two witnesses or by one witness who is substantially corroborated by proof of the relevant material facts.\u00a0 The mere fact that the witnesses contradict each other, does not necessarily constitute perjury.<\/p>\n<p>There is a distinction between an untrue statement and perjury.\u00a0 In order to constitute the crime of perjury, wilfully and deliberately false evidence must be given.<\/p>\n<p>Proceedings may be recorded with the consent of the court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Publishing_Material\"><\/span>Publishing Material<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a wide range of actions which may potentially constitute contempt outside court.\u00a0 They include the following publishing material which is likely to prejudice of fair trial It is contempt to write or publish in relation to a hearing, \u00a0comments on the parties, calculated to affect the free course of justice. This may include commenting on the character or previous convictions of an accused, publishing an alleged confession, publishing an independent investigation of the crime and publishing an interview with the accused or witness.<\/p>\n<p>It is not necessary to show that the publication actually prejudiced a fair trial.\u00a0 If there is a likelihood that it may do so, this is sufficient. It is permissible to report the occurrence of crime and the fact of arrest and charge of the accused.<\/p>\n<p>Publication must generally be to a relatively large group.\u00a0 Publication to a relatively small group may not amount to contempt.\u00a0 There must be a serious threat to the fairness of the proceedings.It is permissible to report the occurrence of crime and the fact of arrest and charge of the accused.<\/p>\n<p>Contempt is more easily committed in the case of matters tried with a jury, than without a jury.\u00a0 Generally, a judge is less likely to be swayed by publications.<\/p>\n<p>It is contempt of court to publish material calculated to impair the court&#8217;s ability to determine the facts.\u00a0 This may include<\/p>\n<ul>\n<li>deterring witnesses<\/li>\n<li>attacking their credibility or veracity.<\/li>\n<li>publishing a photograph where identity; this may prejudice the identification of the accused.<\/li>\n<\/ul>\n<p>Publication of materials which scandalise the court or endanger public confidence and it constitutes contempt.\u00a0 The act must be of a nature to be calculated to endanger public confidence and to thereby obstruct and interfere with the administration of justice.<\/p>\n<p>Publication of material which is defamatory of a judge or court so as to interfere with the due administration of justice by lowering the authority of the court is likely to constitute contempt.\u00a0 Publishing insulting comments on judges\u2019 conduct or the imputation of improper motives or bias or misrepresentation, especially serious misrepresentation of the proceedings of a court may also constitute contempt.<\/p>\n<p>The DPP may make applications in relation to contempt in connection with criminal trials.\u00a0 Generally, the proceedings should be pending or imminent.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Civil_v_Criminal_Contempt\"><\/span>Civil v Criminal Contempt<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a distinction between civil and criminal contempt.\u00a0 Criminal contempt includes contempt in the face of the court, scandalising the court, breaches of the sub judice rules and other interferences with the administration of justice.<\/p>\n<p>Civil contempt consistent defiance of a court order, by positive conduct or neglect or refusal, to obey an injunction.<\/p>\n<p>The law of criminal contempt extends to a range of conduct which interferes with the administration of justice.\u00a0 Actions such as paying or influencing witnesses may constitute contempt.\u00a0 Reprisals against witnesses or parties to proceedings and victimisation are likely to fall within the scope of contempt<\/p>\n<p>The sanction for civil content is imprisonment. The principal rationale for civil contempt is coercive or punitive. \u00a0Imprisonment for contempt can be potentially open-ended in time.\u00a0Fines may be added in addition to imprisonment to ensure compliance.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Contempt_Issues\"><\/span>Contempt Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The treatment of contempt potentially conflicts with principles of freedom of expression under the Constitution and European Convention on Human Rights.<\/p>\n<p>Contempt is part of the inherent competence and jurisdiction of the courts.\u00a0 Its purpose is to protect the judicial process. Contempt may be prosecuted summarily in the District Court or on indictment before a jury at the election of the Director of Public Prosecution.\u00a0 When the courts itself does not exercise its own powers, the DPP may proceed.<\/p>\n<p>The offence of contempt in the face of court is somewhat vague and ill-defined. \u00a0Unlike other offences, there is limited opportunity to conduct an enquiry into the defendant&#8217;s state of mind. It might appear that the judge is biased, being the object of the behaviour.\u00a0 However, it has always been believed necessary that a court must have an inherent power to punish contempt in order to function.<\/p>\n<p>Contempt constitutes an exception to the normal rules of constitutional justice. It is said to be necessary that the judge should remain in full control of hearings and should be entitled to immediately punish misbehaviour and interruption in the courtroom.\u00a0 Otherwise, there could be lengthy interruptions, which may paralyse the court. It would undermine the judge&#8217;s control of the proceedings if the contempt were heard by another court.<\/p>\n<p>Generally, there was an unconditional obligation to answer a question properly put in proceedings. See the sections on privilege in the context of the law of evidence.\u00a0 A witness may be entitled to withhold evidence and refuse to answer questions on the basis of privilege.\u00a0 However, privilege applies in a relatively narrow number of circumstances.<\/p>\n<p>There is no specific prohibition on photographs, television, video recordings and tape recordings of court.\u00a0 However, it is commonly assumed that it runs the risk of falling foul of contempt of court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Scandalising_the_Court\"><\/span>Scandalising the Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Scandalising the court constitutes a common law offence.\u00a0 Imputing corrupt conduct to a judge or court falls within the scope of the offence.\u00a0 Publishing a false and misleading account of legal proceedings also constitutes the offence.\u00a0 Abuse of the judiciary by itself does not constitute the offence.<\/p>\n<p>The setting of the standards for the due administration of justice rests with the court.\u00a0 The matter does not lie with the jury.\u00a0 The rationale is the judges are qualified to maintain the necessary standards.<\/p>\n<p>Scandalising the court may consist of a false or misleading account of legal proceeding.\u00a0 It may comprise imputing corrupt motives of conduct to the judge.<\/p>\n<p>The principle of the independence of the judiciary includes a recognition that the free and independent power to act summarily to protect their own proceedings is necessary to protect the administration of justice.<\/p>\n<p>The apparently open-ended nature of the power to attach for scandalising the court is subject to Constitutional provisions and to the European Convention on Human Rights.\u00a0 The discretion should only be exercised where there is a substantial risk that the administration of justice will be brought into serious dispute.<\/p>\n<p>The truth of the communication should in principle render it lawful. \u00a0However, it should be a matter for the defence to prove the imputation of corrupt judicial conduct.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sub_judice\"><\/span>Sub judice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The sub judice rule applies to publications that create a substantial risk that the course of justice in on-going proceedings or pending proceedings will be seriously impeded or prejudiced.\u00a0 This may, for example, include statements to the effect that the<\/p>\n<ul>\n<li>accused is \u00a0innocent or \u00a0guilty or the jury should acquit or convict<\/li>\n<li>that the accused has committed prior criminal offences<\/li>\n<li>that the accused has been charged or is about to be charged with other offences or is \u00a0suspected of them<\/li>\n<li>that he is of good or bad character, either \u00a0generally or in a particular respect<\/li>\n<li>that he is or is not a credible witness.<\/li>\n<li>that the prosecution is taken for an improper motive.<\/li>\n<\/ul>\n<p>Generally, the principle applies to imminent and ongoing proceedings.\u00a0 In a civil context, this would imply that the date of the proceeding is fixed and upcoming.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Possible_Reform\"><\/span>Possible Reform<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Law Reform Commission recommended that scandalising the court should consist of<\/p>\n<ul>\n<li>imputing corrupt conduct to the judge or court<\/li>\n<li>publishing of false account of legal proceedings<\/li>\n<\/ul>\n<p>It was of the view that a person should be found guilty of the offence where there is a substantial risk that the administration of justice or a particular judge would be brought into serious disrepute.\u00a0 A person should be guilty only if he knew there was a substantial risk or was recklessly indifferent in that regard.<\/p>\n<p>The Law Reform Commission recommended that the truth of a communication should render it lawful. It recommended that in relation to the liability of publishers editors of newspapers and journalists, for scandalous publications, the same principle should apply as for a sub judice contempt.\u00a0 It was of the view that abuse of the judiciary even if scurrilous should not constitute an offence.<\/p>\n<p>The Law Reform Commission recommended retention of the principle of contempt in the face of the court. The minority view recommended that it should embrace disruptive or other conduct which threatens the orderly efficient and dignified court conduct of the court&#8217;s proceedings. As it stands, a person may be committed directly for contempt in the face of the court. The LRC recommended that a court should have the power to remove or detain in custody a person for not more one month.<\/p>\n<p>The Commission recommended that where a witness, party or representative fails to attend court without reasonable excuse and with the intention of interfering with administration, or being reckless as to the same, that person should be guilty of an offence punishable by the maximum available for summary punishment.<\/p>\n<p>The Law Reform Commission took a view that it would be unacceptable for a court to be deprived of evidence which may be necessary to do justice between the parties in a particular case.\u00a0 Generally, the paramount interest of the public in the administration of justice must take precedence over the public interest in privacy and freedom of information.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE ACT, 1999<\/h2>\n<p>AN ACT TO CREATE A NEW DRUG OFFENCE, TO AMEND THE LAW RELATING TO PROCEEDINGS IN CRIMINAL MATTERS, TO AMEND THE LAW RELATING TO ENFORCEMENT OF PENALTIES AGAINST DRUG TRAFFICKERS, TO ESTABLISH RULES RELATING TO THE SENTENCING OF PERSONS WHO HAVE ENTERED GUILTY PLEAS, TO PROVIDE FOR EVIDENCE BY CERTIFICATE IN RELATION TO EXHIBITS, TO AMEND THE LAW RELATING TO THE CERTIFICATION, FOR EXTRADITION PURPOSES, OF CERTAIN OFFENCES UNDER THE LAW OF NORTHERN IRELAND AND SCOTLAND AND THE LAW DEFINING THE JUDGES WHO HAVE JURISDICTION TO HEAR EXTRADITION MATTERS, TO ABOLISH THE \u201cYEAR AND A DAY\u201d RULE, TO AMEND SECTION 4 OF THE CRIMINAL JUSTICE ACT, 1984, TO AMEND THE OFFENCES AGAINST THE STATE (AMENDMENT) ACT, 1998, TO PROVIDE FOR THE GIVING OF EVIDENCE THROUGH A LIVE TELEVISION LINK BY WITNESSES IN FEAR OR SUBJECT TO INTIMIDATION, FOR THE PROTECTION OF THE WHEREABOUTS AND IDENTITY OF WITNESSES UNDER A GARDA S\u00edOCH\u00e1NA WITNESS PROTECTION PROGRAMME, FOR THE OFFENCE OF INTIMIDATION OF WITNESSES, JURORS AND OTHER PERSONS AND FOR THE ARREST AND DETENTION OF PRISONERS IN CONNECTION WITH THE INVESTIGATION OF OFFENCES AND TO PROVIDE FOR OTHER RELATED MATTERS. [26th May, 1999]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>PART I<\/p>\n<p>Preliminary And General<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cthe Act of 1962\u201d means the Criminal Justice (Legal Aid) Act, 1962 ;<\/p>\n<p>\u201cthe Act of 1967\u201d means the Criminal Procedure Act, 1967 ;<\/p>\n<p>\u201cthe Act of 1973\u201d means the Criminal Procedure (Amendment) Act, 1973 ;<\/p>\n<p>\u201cthe Act of 1977\u201d means the Misuse of Drugs Act, 1977 ;<\/p>\n<p>\u201cthe Act of 1981\u201d means the Criminal Law (Rape) Act, 1981 ;<\/p>\n<p>\u201cthe Act of 1984\u201d means the Criminal Justice Act, 1984 ;<\/p>\n<p>\u201cthe Act of 1990\u201d means the Criminal Justice (Forensic Evidence) Act, 1990 ;<\/p>\n<p>\u201cthe Act of 1992\u201d means the Criminal Evidence Act, 1992 ;<\/p>\n<p>\u201cthe Act of 1994\u201d means the Criminal Justice Act, 1994 ;<\/p>\n<p>\u201cthe Act of 1997\u201d means the Criminal Justice (Miscellaneous Provisions) Act, 1997 ;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for Justice, Equality and Law Reform.<\/p>\n<p>(2) A reference in this Act to any other enactment is to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.<\/p>\n<p>&nbsp;<\/p>\n<h4>Witnesses in fear or subject to intimidation.<\/h4>\n<p>39.\u2014(1) Subject to subsection (2), in any proceedings on indictment for an offence (including proceedings under Part IA of the Act of 1967) a person other than the accused may, with the leave of the court, give evidence through a live television link.<\/p>\n<p>(2) A court shall not grant leave under subsection (1) unless it is satisfied that the person is likely to be in fear or subject to intimidation in giving evidence otherwise.<\/p>\n<p>(3) Evidence given under subsection (1) shall be videorecorded.<\/p>\n<p>(4) In any proceedings referred to in subsection (1) in any circuit or district court district where the court is satisfied that leave should be granted for evidence to be given through a live television link pursuant to subsection (1) but the necessary facilities for doing so are not available in that circuit or district, the court may by order transfer the proceedings to a circuit or district court district where such facilities are available and, where such an order is made, the jurisdiction of the court to which the proceedings have been transferred may be exercised\u2014<\/p>\n<p>(a) in the case of the Circuit Court, by the judge of the circuit concerned, and<\/p>\n<p>(b) in the case of the District Court, by the judge of that court for the time being assigned to the district court district concerned.<\/p>\n<p>(5) Where evidence is given by a person (\u201cthe witness\u201d) through a live television link pursuant to subsection (1)\u2014<\/p>\n<p>(a) in case evidence is given that the accused was known to the witness before the date on which the offence in question is alleged to have been committed, the witness shall not be required to identify the accused, unless the court in the interests of justice directs otherwise, and<\/p>\n<p>(b) in any other case, evidence by a person other than the witness that the witness identified the accused as being the offender at an identification parade or by other means shall be admissible as evidence that the accused was so identified.<\/p>\n<p>(6) This section is without prejudice to any other enactment providing for the giving of evidence through a live television link.<\/p>\n<h4>Relocated Witnesses.<\/h4>\n<p>40.\u2014(1) A person who without lawful authority makes enquiries or takes any other steps whatever, whether within or outside the State, for the purpose of discovering\u2014<\/p>\n<p>(a) the whereabouts of a person whom he or she knows, or reasonably suspects, to be a relocated witness, or<\/p>\n<p>(b) any new name or other particulars related to any new identity provided for such a witness,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) A person who without lawful authority discloses, whether within or outside the State, to any other person any information (including information lawfully obtained pursuant to subsection (1)) concerning\u2014<\/p>\n<p>(a) the whereabouts of a person whom he or she knows, or reasonably suspects, to be a relocated witness, or<\/p>\n<p>(b) any new name or other particulars related to any new identity provided for such a person,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(3) In this section \u201crelocated witness\u201d means any person who intends to give or has given evidence in proceedings for an offence and who as a consequence has moved residence, under any programme operated by the Garda S\u00edoch\u00e1na for the protection of witnesses, to any place, whether within or outside the State.<\/p>\n<p>(4) In this section \u201clawful authority\u201d means the authority of\u2014<\/p>\n<p>(a) a court in any proceedings involving the relocated witness, or<\/p>\n<p>(b) a member of the Garda S\u00edoch\u00e1na not below the rank of chief superintendent.<\/p>\n<p>(5) A court shall give authority pursuant to subsection (1) or (2) only if it is satisfied\u2014<\/p>\n<p>(a) that to do so would be in the interests of justice, and<\/p>\n<p>(b) that another way of proceeding which would not prejudice the continued participation of the relocated witness in the programme aforesaid, including, without prejudice to the generality of the foregoing, the transmission of any documents required to be served on the witness to the Commissioner of the Garda S\u00edoch\u00e1na for the purpose of effecting such service, is not available.<\/p>\n<p>(6) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a31,500 or imprisonment for a term not exceeding 12 months or both, and<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding five years or both.<\/p>\n<h4>Intimidation etc. of witnesses, jurors and others.<\/h4>\n<p>41.\u2014(1) Without prejudice to any provision made by any other enactment or rule of law, a person\u2014<\/p>\n<p>(a) who harms or threatens, menaces or in any other way intimidates or puts in fear another person who is assisting in the investigation by the Garda S\u00edoch\u00e1na of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family,<\/p>\n<p>(b) with the intention thereby of causing the investigation or the course of justice to be obstructed, perverted or interfered with,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(2) In this section, \u201cpotential juror\u201d means a person who, at the time an offence under this section is alleged to have been committed, has been summoned for jury service but has not been empanelled as a juror to serve on a particular jury.<\/p>\n<p>(3) In proceedings for an offence under this section, proof to the satisfaction of the court or jury, as the case may be, that the accused did an act referred to in subsection (1)(a) shall be evidence that the act was done with the intention required by subsection (1)(b).<\/p>\n<p>(4) In subsection (1) the reference to a member of a person&#8217;s family includes a reference to\u2014<\/p>\n<p>(a) the person&#8217;s spouse,<\/p>\n<p>(b) a parent, grandparent, step-parent, child (including a step-child or an adopted child), grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the person or his or her spouse, or<\/p>\n<p>(c) any person who is cohabiting or residing with him or her.<\/p>\n<p>(5) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a31,500 or imprisonment for a term not exceeding 12 months or both, and<\/p>\n<p>(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years or both.<\/p>\n<h4>Arrest and detention of prisoners in connection with investigation of other offences.<\/h4>\n<p>42.\u2014(1) In this section\u2014<\/p>\n<p>\u201coffence\u201d means an arrestable offence as defined in section 2 of the Criminal Law Act, 1997 ;<\/p>\n<p>\u201cprison\u201d means a place of custody administered by the Minister for Justice, Equality and Law Reform;<\/p>\n<p>\u201cprisoner\u201d means a person who is in prison on foot of a sentence of imprisonment, on committal awaiting trial, on remand or otherwise.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na may arrest a prisoner on the authority of a judge of the District Court who is satisfied on information supplied on oath by a member of the Garda S\u00edoch\u00e1na not below the rank of superintendent that the following conditions are fulfilled\u2014<\/p>\n<p>(a) there are reasonable grounds for suspecting that the prisoner has committed an offence other than an offence in respect of which he or she is imprisoned;<\/p>\n<p>(b) the arrest of the prisoner is necessary for the proper investigation of the offence which he or she is suspected of having committed;<\/p>\n<p>(c) where the prisoner has previously been arrested for the same offence, whether prior to his or her imprisonment or under this section, further relevant information has since come to the knowledge of the Garda S\u00edoch\u00e1na.<\/p>\n<p>(3) A person arrested under this section\u2014<\/p>\n<p>(a) shall be taken forthwith to a Garda Station and may, subject to subsection (5), be detained there for such period as is authorised under section 4 of the Act of 1984, and<\/p>\n<p>(b) shall, subject to this section, be dealt with as though he or she had been detained under that section.<\/p>\n<p>(4) Section 4(4), (5), (5A) and 10 of the Act of 1984 shall not apply to a person arrested and detained under this section.<\/p>\n<p>(5) If at any time during the detention of a person under this section there are no longer reasonable grounds for\u2014<\/p>\n<p>(a) suspecting that the person has committed the offence in respect of which he or she was arrested under this section, or<\/p>\n<p>(b) believing that his or her detention is necessary for the proper investigation of that offence,<\/p>\n<p>the detention shall be terminated forthwith.<\/p>\n<p>(6) On termination of the detention in accordance with subsection (5) or by reason of the expiry of the period referred to in subsection (3)(a) the member of the Garda S\u00edoch\u00e1na in charge of the Garda Station where the person is detained shall transfer him or her, or cause him or her to be transferred, forthwith back into the custody of the governor of the prison where the person was imprisoned at the time of the arrest.<\/p>\n<p>(7) This section shall not prejudice any power conferred by law apart from this section in relation to the arrest, detention or transfer of prisoners.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div 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Contempt of court covers a wide range of matters that interfere with the inherent power of courts in dealing with disputes and matters before them.\u00a0 Contempt arises where there is a real risk [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[360],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1386"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1386"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1386\/revisions"}],"predecessor-version":[{"id":33486,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1386\/revisions\/33486"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1386"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1386"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1386"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}