Administration of Justice (Protection) Act 2016

Administration of Justice
(Protection) Act 2016

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to state and consolidate the law of contempt of court for the protection of the administration of justice, to define the powers of certain courts in punishing contempt of court and to regulate their procedure in relation thereto.

[1 October 2017]

PART 1

PRELIMINARY

Short title

1. This Act is the Administration of Justice (Protection) Act 2016.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“court” means —

(a)	the Supreme Court;
(b)	any State Court;
(c)	any Family Court; or
(d)	any Youth Court;

“Employment Claims Tribunal” means an Employment Claims Tribunal constituted under section 4 of the State Courts Act 1970;

“judge” means —

(a)	in the case of the Supreme Court — a Judge and a Registrar as defined in the Supreme Court of Judicature Act 1969;
(b)	in the case of a State Court — a judicial officer as defined in the State Courts Act 1970 and a Coroner as defined in the Coroners Act 2010;
(c)	in the case of a Family Court or a Youth Court — a judicial officer as defined in the Family Justice Act 2014;
(d)	in the case of the Small Claims Tribunals — a tribunal magistrate or the Registrar as defined in section 2(1) of the Small Claims Tribunals Act 1984; or
(e)	in the case of an Employment Claims Tribunal — a tribunal magistrate as defined in the Employment Claims Act 2016;

“publish” means to disseminate, distribute, exhibit, provide or communicate by oral, visual, written, electronic or other means (for example, by way of newspaper, radio, television or through the use of the Internet, subscription TV or other online communications system) to the public at large or a member of the public, and includes cause to be published, and “publication” is to be construed accordingly;

“Small Claims Tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970;

“State Court” means a State Court constituted under section 4 of the State Courts Act 1970.

[33/2018; 40/2019]

(2) In this Act —

(a)

a court proceeding is pending from the time that it commences to the time that it is finally decided, struck out or is discontinued or deemed to be discontinued;

(b)

a court proceeding commences —

(i)

in the case of any proceeding against a person in respect of any offence (other than an appellate, revision or reference proceeding referred to in sub‑paragraphs (iii) and (iv)) — from the earliest of the following events:

(A)	the issue of a notice to attend court, summons to appear before a court to answer a charge of the offence, or any other process to compel the attendance of the person to answer a charge of the offence;
(B)	the issue of a warrant for the arrest of the person for the offence;
(C)	the arrest of the person for the offence;

(ii)

in the case of any proceeding other than a proceeding against a person in respect of any offence (but not an appellate or revision proceeding referred to in sub‑paragraph (iii)) — from the time the originating process, application for permission or other application (including an application made before an originating process is filed) is filed in court;

[Act 25 of 2021 wef 01/04/2022]

(iii)

in the case of proceedings on appeal from or for revision of a decision of a court in any proceedings — from —

(A)	the time a notice of appeal is lodged or filed or an application for permission to appeal is made; or [Act 25 of 2021 wef 01/04/2022]
(B)	the time an application for revision is made,

as the case may be;

(iv)

in the case of a reference of a question of law of public interest under section 397 of the Criminal Procedure Code 2010 — from the time an application for permission or a reference by the Public Prosecutor is made; and

[Act 25 of 2021 wef 01/04/2022]

(v)

in the case of an inquiry under the Coroners Act 2010 — from the time a Coroner is informed of a death under section 11 of that Act;

(c)

a court proceeding is finally decided —

(i)	in a case where there is a pending appeal, reference or revision — when the appeal, reference or revision is heard and finally decided including issues relating to assessment of damages and costs of the proceeding;
(ii)	in a case where no appeal or reference is pending — when the period of limitation prescribed for the appeal or reference has expired and all issues relating to assessment of damages and costs of the proceeding are heard and finally decided; or
(iii)	in the case of an inquiry under the Coroners Act 2010 — when the Coroner decides not to hold an inquiry under section 25(2) of that Act or when the inquiry is concluded unless the Public Prosecutor requires the Coroner to hold an inquiry or reopen the inquiry under section 26(1) or (3) of that Act, as the case may be;

(d)

a court proceeding that has been heard and finally decided will not be deemed to be pending merely by reason of the fact that proceedings for the execution or enforcement of the decree, order or sentence passed in the proceedings are pending; and

[Act 25 of 2021 wef 01/04/2022]

(e)

a proceeding against a person in respect of any offence is deemed to include any criminal motion, case stated, or any other application made in or for the purposes of or in connection with the proceeding.

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