Threatening or Intimidating Judges, Witnesses, Jurors or Public Justice Officials | Section 322 Crimes Act 1900

Section 322 of the Crimes Act of 1900 makes it illegal to threaten or intimidate judges, witnesses, jurors, or public justice officials. The maximum sentence for this crime is 10 years in prison, or 14 years if the behaviour was meant to get someone convicted or found not guilty of a serious indictable crime.

To prove the crime, the prosecution has to prove a number of facts beyond a reasonable doubt, and if they can't do that, the person is entitled to be set free.

There are also a number of ways to defend yourself in court if you are charged with the crime.

Read on to learn more about threatening or intimidating judges, witnesses, jurors, or other public justice officials, including what the crimes are, what the prosecution has to prove, what your options are, how you can defend yourself, and what the penalties are.

The Rules

What is the crime of threatening or trying to scare judges, witnesses, jurors, or other people involved in the justice system?

Under section 322 of the Crimes Act of 1900, it is against the law to threaten or scare judges, witnesses, jurors, or public justice officials.

Trying to scare or threaten a witness

A person is guilty of threatening or intimidating a witness under Section 322(a) if he or she:

Doing something to hurt or hurt someone else, or threatening to do so, with the intention of getting a person who has been or will be called as a witness in a court case to give false evidence, withhold true evidence, not show up to the court case, or not produce evidence under a summons or subpoena.

A "judicial proceeding" is a place or time where a judge or other judge-like person can take sworn testimony.

A "judicial tribunal" is any person, like a coroner or arbitrator, court, or other group that is allowed by law or by the parties to hold a hearing to decide something.

Trying to scare or threaten a juror

A person is guilty of threatening or intimidating a juror under Section 322(b) if he or she:

Does or causes an injury or harm to a person, or threatens to do so, with the intention of swaying someone, whether or not it's a specific person, in his or her behaviour as a juror or attendance at a court case.

It doesn't matter if the person was sworn in as a juror at the time of the behaviour.

Trying to scare or threaten a judge or police officer

A person is guilty of threatening or intimidating a judicial officer under Section 322(c) if he or she:

Does or causes harm or injury to a person, or threatens to do so, and the person is a judicial officer, and the person does this to try to change how the person acts as a judge.

A "judicial officer" is a person who is a court of law or who, alone or with others, makes up a court of law.

Among these are:

A coroner, a magistrate in a local or children's court, a judge in a district court, and a justice in the Federal, Supreme, or High Court.

Trying to scare or scare off a public justice official

A person is guilty of threatening or intimidating a public justice official under Section 322(d) if he or she:

Does or causes any harm or harm to a person, or threatens to do so, and the person was a public justice official, and the person did this to try to change the person's behaviour as a public justice official.

A "public justice official" is anyone who works for a government agency, department, or organisation to investigate, find, or prosecute criminals. A judicial officer, like a magistrate, judge, or justice of a court or tribunal, is not a "public justice official."

Among these are:

A police officer, a prosecutor for the police, a lawyer for the DPP, and a prosecutor for the Crown.

What is the punishment?

For threatening or intimidating judges, witnesses, jurors, or public justice officials, the maximum sentence is 10 years in prison, or 14 years if the behaviour was meant to get someone convicted or cleared of a serious crime.

But it's important to remember that this is the maximum sentence that can be given and that the court can choose from any of the following:

Section 10: Order of Dismissal with Conditions

Fine Order for Community Service

Order for Strict Punishment

Less time in prison

What Does the Government Need to Show?

It's important to remember that the prosecution has to prove each "element" (or ingredient) of the specific crime under Section 322 beyond all reasonable doubt at all times.

Trying to scare or threaten a witness

For someone to be found guilty of threatening or intimidating a witness, the prosecution must prove beyond a reasonable doubt that each of the following is true:

The defendant hurt or hurt someone or threatened to hurt them, and by doing so, the defendant wanted to get a person called as a witness in a court case or to be called as a witness in a court case to give false evidence, withhold true evidence, not show up to the court case, or not produce anything in evidence in response to a summons or subpoena.

A "judicial proceeding" is a place or time where a judge or other judge-like person can take sworn testimony.

A "judicial tribunal" is any person, like a coroner or arbitrator, court, or other group that is allowed by law or with the consent of the parties to hold a hearing to decide something.

If the prosecution can't prove each of these things to the required level, the case will be dropped.

Trying to scare or threaten a juror

For someone to be found guilty of threatening or intimidating a juror, the prosecution must prove beyond a reasonable doubt all of the following:

The defendant hurt or hurt someone or threatened to hurt them, and he or she did this with the intention of swaying someone, even if it wasn't a specific person, in how they acted as a juror or whether or not they went to court as a juror.

It doesn't matter if the person was sworn in as a juror at the time of the behaviour.

Trying to scare or threaten a judge or police officer

For a person to be found guilty of threatening or intimidating a judge or lawyer, the prosecution must prove beyond a reasonable doubt that each of the following is true:

The person who was hurt or threatened to be hurt was a judge, and the person who was hurt or threatened to be hurt was a judge. The person who was hurt was a judge, and the person who was hurt was a judge. The person who was hurt was a judge, and the person who was hurt was a judge.

A "judicial officer" is a person who is a court of law or who, alone or with others, makes up a court of law.

A "judicial tribunal" is any person, court, or other group that is allowed by law or by the parties to hold a hearing to decide something.

Among these are:

A coroner, a magistrate in a local or children's court, a judge in a district court, and a justice in the Federal, Supreme, or High Court.

Trying to scare or scare off a public justice official

For someone to be found guilty of threatening or intimidating a public justice official, the prosecution must prove beyond a reasonable doubt that each of the following is true:

The person who was hurt or threatened to be hurt was a public justice official. The person who was hurt or threatened to be hurt was a public justice official. The person who was hurt or threatened to be hurt was a public justice official. The person who was hurt or threatened to be hurt was a public justice official.

A "public justice official" is anyone who works for a government agency, department, or organisation to investigate, find, or prosecute criminals. A judicial officer, like a magistrate, judge, or justice of a court or tribunal, is not a "public justice official."

Among these are:

A policeman or woman

A police prosecutor

A lawyer for the DPP and a prosecutor for the Crown.

How do you defend yourself?

In addition to having to prove each part of the crime, the prosecution must also refute any of the following defences if they are raised in a proper way:

Duress is when you were scared or forced to do something.

Necessity, in which the act was done to avoid danger, and Self-Defense, in which the act was done to protect yourself or someone else.

It must prove beyond a reasonable doubt that these defences don't work.

Your Choices in Court Not Guilty Plea

It is important to remember that it is always up to the prosecution to prove guilt beyond a reasonable doubt, and that the prosecution must disprove any legal defence that can be made based on the evidence in front of the court.

Trying to scare or threaten a witness

Section 322(a) says that you can't be found guilty of threatening or intimidating a witness unless the prosecution can prove beyond a reasonable doubt that:

You hurt or hurt someone, or threatened to hurt them, and you did so with the intention of getting a person called as a witness in a court case, or to be called as a witness in a court case, to give false evidence, withhold true evidence, not show up to the case, or not bring anything in as evidence when asked to by a summons or subpoena.

There are a number of ways to defend yourself against the charge, such as saying:

The prosecution can't show that you hurt or hurt someone else, or that you threatened to hurt or hurt someone else.

The prosecution can't prove that any of these actions or threats were meant to get a witness or potential witness to give false evidence, withhold true evidence, not show up to court, or not give anything in response to a summons or subpoena. Or, there is a good legal defence that the prosecution can't prove isn't true.

If any of these things happen, you should not be found guilty of the crime.

Trying to scare or threaten a juror

Before you can be found guilty of threatening or intimidating a juror under section 322(b), the prosecution must prove beyond a reasonable doubt that:

You hurt or hurt someone or threatened to hurt them, and by doing so, you wanted to influence someone, whether or not it was a specific person, in how they acted as a juror in a court case or whether or not they showed up as a juror in a court case.

There are a number of ways to defend yourself against the charge, such as saying:

The prosecution can't prove that you hurt or harmed someone or threatened to, The prosecution can't prove that any of your actions or threats were meant to get someone to behave differently as a juror in a court case or not show up as a juror in a court case, or There is a valid legal defence that the prosecution can't disprove beyond a reasonable doubt.

If any of these things happen, you should not be found guilty of the crime.

Trying to scare or threaten a judge or police officer

Before you can be found guilty of threatening or intimidating a judicial officer under section 322(c), the prosecution must prove beyond a reasonable doubt that:

You hurt or hurt someone, or threatened to hurt them, and the person was a judicial officer. You did this because you wanted to make the person act differently as a judicial officer.

There are a number of ways to defend yourself against the charge, such as saying:

The prosecution can't show that you hurt or hurt someone else, or that you threatened to do so.

The government can't prove that the person was a judge or lawyer.

The prosecution can't prove that the action or threat was meant to make the person act differently as a judge, or there is a good legal defence that the prosecution can't prove beyond a reasonable doubt.

If any of these things happen, you should not be found guilty of the crime.

Trying to scare or scare off a public justice official

Before you can be found guilty of threatening or intimidating a public justice official under section 322(d), the prosecution must prove beyond a reasonable doubt that:

You hurt or hurt someone, or threatened to hurt them, and the person was a public justice official. You meant for your actions to affect the person's behaviour as a public justice official in a court case or related to a court case.

There are a number of ways to defend yourself against the charge, such as saying:

The prosecution can't show that you hurt or hurt someone else, or that you threatened to do so.

The prosecution can't prove that the person was a public justice official, that the action or threat was meant to affect the person's behaviour as a public justice official, or that there is a good legal defence that the prosecution can't disprove beyond a reasonable doubt.

If any of these things happen, you should not be found guilty of the crime.

A good lawyer will be able to write to the prosecution to try to get the case against you dropped, or they will fight to get it thrown out of court if it goes to a hearing or trial.

Taking the blame

You might decide to plead guilty to the crime if the evidence against you is very strong.

In that case, your lawyer might be able to talk with the police about the "facts" to make the crime less serious.

Your lawyer can also help you get materials that can be given to the court during your sentencing, such as a letter of apology, references from people who know you well, and any documents from counsellors or doctors you have seen.

Together, these pieces of evidence and your lawyer's convincing arguments in court can help make sure you get the lightest sentence possible given the situation.

By pleading guilty early, you could get a "discount" of up to 25% on your sentence. This could mean that you get a less severe punishment, like a section 10 dismissal or a conditional release order, instead of a harsher one.

You will also save time, money, and stress by not having to go to a hearing or trial to defend yourself.