Page:Administration of Justice (Protection) Act 2016.pdf/31

32 Bail in contempt proceedings

27.—(1) When any person appears before a court in proceedings for contempt of court, the person may be released on bail by that court.

(2) Instead of taking bail from the person, the court may release the person if he or she signs a personal bond without sureties.

(3) The provisions under Division 5 of Part VI of the Criminal Procedure Code (Cap. 68) apply to any case where the court releases the person charged with a contempt of court on bail or on his or her own bond under this section and for the purposes of those provisions, the contempt of court is treated as a non-bailable offence.

(4) A court may grant bail to a person who has filed an appeal against any order or decision in accordance with section 32.

Standard of proof for contempt of court

28. The standard of proof for establishing contempt of court is that of beyond reasonable doubt.

Burden and standard of proof for defences

29. To avoid doubt, the burden of proof for proving the existence of circumstances bringing the case within any of the defences to contempt of court under Part 4 is upon the person relying on the defence and the standard of proof is on the balance of probabilities.

Consent of Attorney-General

30.—(1) No proceedings for contempt of court as defined in section 3 or 4(8) may be instituted except by or with the consent of the Attorney-General.

(2) To avoid doubt, proceedings for contempt in the face of the court under section 25 and any other proceedings commenced by the High Court or the Court of Appeal on its own motion do not require the consent of the Attorney-General.