Page:Administration of Justice (Protection) Act 2016.pdf/9

10 :(d) intentionally offers any insult or causes any interruption or obstruction to any judge of any court, while such judge is sitting in any stage of a court proceeding; or
 * (e) intentionally does any other act that interferes with, obstructs or poses a real risk of interference with or obstruction of the administration of justice in any other manner, if the person knows or ought to have known that the act would interfere with, obstruct or pose a real risk of interference with or obstruction of the administration of justice,

commits a contempt of court.

Explanation 1.—Fair criticism of a court is not contempt by scandalising the court within the meaning of subsection (1)(a). Explanation 2.—A publication of any matter which falls within subsection (1)(b)(i) or (ii) is not incapable of prejudicing or interfering with or posing a real risk of prejudice to or interference with, the course of any pending court proceedings, by reason only that the court is presided by a judge with legal and professional experience.

Illustration 1 A is charged for rape of B. Z publishes in a newspaper an interview with A ' s ex‑girlfriend, Y. In the interview, Y claims that A had previously brutally raped her and that A had served a long prison sentence for raping and molesting other women. The prosecution is not permitted to disclose A ' s previous convictions during A ' s pending rape trial. Z ' s publication of this interview poses a real risk of prejudice to or interference with the course of pending court proceedings against A.

Illustration 2 A is charged for inflicting serious bodily harm on B outside a pub. As it was dark, B had difficulty recognising B ' s assailant. Z posts on an Internet news site, a photo of A with fists clenched outside the pub with the caption, "Vicious Pub Bully Caught". The identity of B ' s assailant is an issue in A ' s pending trial. Z ' s publication of A ' s photo and caption poses a real risk of prejudice to or interference with the course of the pending court proceedings against A.

(2) Where any person publishes any matter or does any act referred to in subsection (1)(a), that person is guilty of contempt of court even if he or she did not intend to scandalise the court.

(3) Where any person publishes any matter referred to in subsection (1)(b), that person is guilty of contempt of court even if