South Australian Current Acts South Australian Current Acts60—Disrespectful conduct in court
(1) A person who is a
party to proceedings before a court must not intentionally engage in
disrespectful conduct before the court during those proceedings.
Maximum penalty: $1 250 or imprisonment for 3 months.
(2) A person cannot be
prosecuted for an offence against subsection (1) in respect of certain
conduct before a court unless, before the conduct was engaged in, the court
had warned the person, in respect of other earlier conduct before the court,
that disrespectful conduct before the court may result in a charge of an
offence.
(3) It is a defence to
prosecution for an offence against subsection (1) to prove that the
conduct the subject of the charge arose due to a physical disability or
cognitive impairment of the defendant.
(4) Nothing in this
section affects the power of a court to take action for contempt of court.
(5) A person cannot be
prosecuted for an offence against subsection (1) in respect of certain
conduct of the person if the conduct is, or has been, the subject of contempt
of court proceedings against the person (except where contempt of court
proceedings have been discontinued by a court in contemplation of a charge for
an offence against subsection (1) proceeding).
(6) An official
transcript or official audio or video recording of proceedings in a court is
admissible in evidence in proceedings for an offence against this section and
is evidence of the matter included in the transcript or audio or video
recording.
(7) The
presiding officer of proceedings in a court during which alleged disrespectful
behaviour occurred cannot be required to give evidence in proceedings before
any court for an offence against this section.
(8) This section does
not apply in respect of—
(a)
proceedings in the Youth Court of South Australia (other than proceedings
under the Children's Protection Act 1993 or the
Children and Young People (Safety) Act 2017 ); or
(b) a
child who is a party to proceedings under the Children's Protection
Act 1993 or the Children and Young People (Safety) Act 2017 .
(9) In this
section—
"cognitive impairment" includes—
(a) a
developmental disability (including, for example, an intellectual disability,
Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b) an
acquired disability as a result of illness or injury (including, for example,
dementia, a traumatic brain injury or a neurological disorder);
(c) a
mental illness;
"court" includes a tribunal, authority or person invested by law with judicial
or quasi-judicial powers, or with authority to make any inquiry or to receive
evidence;
"disrespectful conduct" includes—
(a)
refusing to stand up after being requested to do so by the court; and
(b)
using offensive or threatening language; and
(c)
interfering with or undermining the authority, dignity or performance of the
court;
"presiding officer", of proceedings in a court, means the judge, magistrate,
judicial officer or other person presiding over the proceedings in the court.