South Australian Current Acts South Australian Current Acts244—Offences relating to witnesses
(1) Subject to this
section, a person who gives, offers or agrees to give a benefit to another
person who is or may be required to be a witness in judicial proceedings
(whether proceedings that are in progress or proceedings that are to be or may
be instituted at a later time) or to a third person as a reward or inducement
for the other person's—
(a) not
attending as a witness at, giving evidence at or producing a thing in evidence
at the proceedings; or
(b)
withholding evidence or giving false evidence at the proceedings,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) Subject to this
section, a person, who is or may be required to be a witness at
judicial proceedings (whether proceedings that are in progress or proceedings
that are to be or may be instituted at a later time), who seeks, accepts or
agrees to accept a benefit (whether for himself or herself or for a third
person) as a reward or inducement for—
(a) not
attending as a witness at, giving evidence at or producing a thing in evidence
at the proceedings; or
(b)
withholding evidence or giving false evidence at the proceedings,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) Subject to this
section, a person who prevents or dissuades, or attempts to prevent or
dissuade, another person from—
(a)
attending as a witness at judicial proceedings (whether proceedings that are
in progress or proceedings that are to be or may be instituted at a later
time); or
(b)
giving evidence at, or producing a thing in evidence at, such proceedings,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(4) A person is not
guilty of an offence against subsection (3) unless the person knows that,
or is recklessly indifferent as to whether, the other person is or may be
required to be a witness or to produce a thing in evidence at the proceedings.
(5) A person who does
an act with the intention of deceiving another person in any way in order to
affect the evidence of the other person at judicial proceedings (whether
proceedings that are in progress or proceedings that are to be or may be
instituted at a later time) is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(6) A person is not
guilty of an offence against this section if there is lawful authority or a
reasonable excuse for his or her action.