Disrespectful Behaviour in Court

According to section 24A of the Local Court Act 2007, section 200A of the District Court Act 1973, section 131 of the Supreme Court Act 1970, and section 103A of the Coroners Act 2009, disrespectful behaviour in court is a criminal offence.

Each offence is punishable by a maximum of 14 days in prison and/or 10 punishment units.

In order to establish an offence, the prosecution must prove certain facts beyond a reasonable doubt, and a defendant is entitled to an acquittal if they are unable to do so.

There are also a variety of legal defences available to defendants in court for the offence.

The Statutes

What is Disrespectful Behavior in Court?

Disrespectful conduct in court is a violation of:

• Section 24A of the Local Court Act 2007 (Commonwealth)

• District Court Act 1973, section 200A,

• The Supreme Court Act of 1970, Section 131, and

• The section 103A of the 2009 Coroners Act.

According to the provisions, a person is guilty of the offence if he or she:

• Is a defendant in, or party to, proceedings in the Local, District, or Supreme Court, or has been summoned to provide evidence in one of those courts, or is a person appearing in, or being represented in Coronial proceedings, or has been summoned to give evidence in those proceedings, and

• Engages in conduct that is disrespectful to the court in Local, District, or Supreme Court proceedings, or to coronial proceedings in proceedings under the Coroners Act, or to the magistrate in Local Court proceedings, or the judge in District or Supreme Court proceedings, or the Coroner or Assistant Coroner in coronial proceedings, in accordance with established court practise and convention, and

• Participates in the behaviour on purpose.

The statute does not define "disrespectful conduct," but the courts have determined that it must be behaviour that violates "established judicial practise and convention."

So, for instance, in the case of devout Muslim woman Moutiaa El-Zahed, the court determined that neglecting to stand in court before a judge constituted disrespectful behaviour because standing before a presiding member of the judiciary is a convention.

• Other customs and practises include:

• Not using profanity unless required; for instance, when testifying as a witness and repeating what someone else said.

• Not emitting loud burps or farts, or

• The practise of bowing to the presiding judge upon entering and exiting court (although it is arguable whether breaching this convention would amount to an offence).

What are the Consequences?

14 days in prison and/or 10 punishment units is the maximum sentence for disrespectful behaviour in court.

It is essential to remember, however, that this is the maximum sentence that can be imposed, and the court may impose any of the following:

• Section 10 Termination

• Order for Conditional Release

• Fine

• Order for Community Corrections

• Intensive Corrective Measures

• A reduced sentence length

What Must the Prosecution Establish?

For a person to be found guilty of disrespectful behaviour in court, the prosecution must prove beyond a reasonable doubt each of the following 'components' (or ingredients) of the crime:

• The defendant was in, or a party to, proceedings in the Local, District, or Supreme Court, or was a person called to give evidence in one of those courts, or was a person appearing in, or being represented in Coronial proceedings, or was a person called to give evidence in those proceedings, and the defendant was convicted of a felony.

• The defendant engaged in conduct that was disrespectful to the court in the case of Local, District or Supreme Court proceedings, or to the coronial proceedings in the case of proceedings under the Coroners Act, or to the magistrate in Local Court proceedings, or the judge in District or Supreme Court proceedings, or to the Coroner or Assistant Coroner in coronial proceedings, and to the Coroner or Assistant Coroner in coronial proceedings, and to the Coroner or Assistant Coroner in coronial proceedings

• The conduct was inconsistent with established court procedure and protocol, and

• The conduct was deliberate.

If the prosecution cannot establish each of these factors to the required standard, it will fail.

What are the Defences?

In addition to proving each element of the crime, the prosecution must additionally refute the following defences if they are properly raised:

• Under duress, you were threatened or compelled.

• Necessity, if the conduct was required to avert danger, and Provocation.

• Self-defence is the use of force to defend oneself or another.

• It must debunk such arguments beyond any reasonable doubt.

Your Court Options

Admitting No Guilt

Before you can be found guilty of discourtesy in court, the prosecution must establish beyond a reasonable doubt:

• You were a defendant in, or a party to, proceedings in the Local, District, or Supreme Court, or a person called to give evidence in one of those courts, or you were a person appearing in, or being represented in Coronial proceedings, or you were called to give evidence in those proceedings, and you were convicted of a criminal offence as a result of your participation in those proceedings.

• You behaved in a manner that was disrespectful to the court in Local, District, or Supreme Court proceedings, or to coronial proceedings in proceedings under the Coroners Act, or to the magistrate in Local Court proceedings, or the judge in District or Supreme Court proceedings, or to the Coroner or Assistant Coroner in coronial proceedings, and

• Your actions violated established judicial procedure and precedent, and

• Your conduct was deliberate.

There are numerous strategies to defend an accusation of disrespectful conduct in court, including the following:

• The prosecution cannot prove that you were a defendant in, or party to proceedings in the Local, District, or Supreme Court, or a person called to give evidence in one of those courts, or that you were a person appearing in, or being represented in Coronial proceedings, or that you were called to give evidence in those proceedings, or that you were a defendant in, or party to proceedings in the Coroner's Court.

• The prosecution cannot prove you engaged in conduct that was disrespectful to the court in the case of Local, District or Supreme Court proceedings, or to the coronial proceedings in the case of proceedings under the Coroners Act, or to the magistrate in Local Court proceedings, or the judge in District or Supreme Court proceedings, or to the Coroner or Assistant Coroner in coronial proceedings, or to the magistrate or judge in coronial proceedings, or to the Coroner or Assistant Coroner in coronial proceedings,

• The prosecution cannot establish that your behaviour was counter to established court procedures and norms, or

• The prosecution cannot establish that your behaviour was purposeful, or

• The prosecution cannot refute your proper legal defence beyond a reasonable doubt.

If any of these circumstances prevail, you must be judged not guilty.

A competent attorney will be able to submit written arguments to the prosecution in an effort to have the charge against you dropped, or seek to have it dismissed if the matter advances to a defence hearing or trial.

Admitting Guilt

If the evidence presented by the prosecution is particularly compelling, you may elect to enter a guilty plea.

In such a case, your attorney may be able to negotiate the police's "facts" to lessen the severity of the crime.

Your attorney can also advise you on how to get papers that can be presented to the court during your sentencing, such as an apology letter, character references, and any documentation from counsellors or medical specialists you have consulted.

Together with your attorney's strong oral arguments in court, these materials can help ensure that you receive the most merciful sentence feasible under the circumstances.

By admitting guilty at an early stage, you will also be eligible for a 'discount' of up to 25% on your sentence, which can result in a less severe sort of punishment, such as a section 10 dismissal or a conditional release order, as opposed to a more severe penalty.

You will also save the time, expense, and stress of a hearing or trial in which you are the defendant.