Here is the new Contempt of Court Act, which was passed last year.
Contempt of Court Act No.25 of 2010
An Act to define and regulate the law with respect to contempt of Court and related matters.
Enacted by the Parliament of Guyana.
PART I
PRELIMIARY
1. This Act can be cited as the Contempt of Court Act 2010
2. In this Act- “Contempt of Court” means any conduct, whether committed in the face of Court or not, that substantially obstructs or interferes or prejudices,
or tends to substantially obstruct or interfere or prejudice, the administration of justice in any proceeding pending before the Court, and includes-
(a) the wilful disobedience to, or disregard for, any judgment, decree, direction or order of a Court;
(b) the wilful breach of an undertaking given in a Court;
(c) any insult or disrespect offered to Court;
(d) the interruption of proceeding pending before Court;
(e) the use of abusive or threatening language;
(f) the use of violence or threatening the use of violence;
(g) any act calculated to scandalize or lower the authority of Court; or
(h) any other act or conduct that disrupts the due course of any proceedings before the Court;
“Court’’ means the High Court, including the full Court of the High Court, the Court of Appeal and the Caribbean Court of Justice;
“Publication” includes any speech, writing, picture, sign or other visible representation, broadcast or other communication in whatever form, which is addressed to the public at large or any section of the public.
PART II
OFFENCES AND PUNISHMENT
3. It shall be a contempt of Court to obtain or attempt to obtain or disclose any statement made, opinions expressed, arguments advanced or votes cast by members of jury in the course of their deliberations in any criminal proceedings.
4. (1) Subject to subsection (4), it shall be a contempt of Court to use in Court any tape recorder or other instrument for recording sound, except with the leave of the Court.
(2) Any leave granted under subsection (1) may be granted subject to such conditions as the Court deems fit with respect to the use of any recording made pursuant to the leave, and the Court may at any time revoke such leave, either generally or in relation to any particular part of the proceedings.
(3) Without prejudice to any other power to deal with an act of contempt under this Act, the Court may order the instrument, or any recording made with it, or both, be forfeited, and any instrument or recording so forfeited shall be disposed of or dealt with in such manner as the Court may direct subject to the owners right to be heard as to reason why such instrument or recording shall not be forfeited.
(4) This section does not apply to the use of sound recordings for purposes of official transcripts of proceedings.
5. Any person who commits a contempt of Court shall be guilty of an offence.
6. (1) Any person natural or artificial found to be in contempt of Court is liable on indictment, in the case of –
(a) an individual to a fine not exceeding two hundred and fifty thousand dollars or imprisonment for a term not exceeding three months;
(b) a company or other association, to a fine not exceeding seven hundred and fifty thousand dollars.
(2) Where the contemnor is a company, and the contempt is proved to have been committed with the consent or connivance, or is attributable to the reckless conduct or act on the part of, any director, manager of or any other person in charge of or responsible for the conduct of the business of the company, that person shall also be deemed to be guilty of contempt of Court and is liable to the punishment prescribed under subsection (1) (a):
Provided that such a person shall not be deemed to be guilty of contempt of Court if he proves that the contempt was committed without his knowledge or that he exercised all due diligence to prevent its commission.
(3) Where the Court imposes a fine for the punishment of contempt of Court, the Court shall order that the fine be paid within a definite time, but no less than seven days, after the date of the order, save and except where the Court, in its own deliberate judgment allows for a reprimand.
7. (1) All fines payable under any order for contempt of Court shall be paid into the Consolidated Fund.
(2) The payment of a fine imposed as punishment for a contempt of Court shall be enforced upon the order of the Court in like manner as if the order were a judgment or order for the payment of money under the High Court Act.
8. The Court may, of its own motion or an application on behalf of the contemnor revoke or vary an order for contempt of Court.
PART III
CERTAIN PUBLICATIONS NOT
CONTEMPT
9. (1) A person shall not be guilty of contempt of Court for publication that would otherwise be a contempt of Court, if at the time of such publication he did not know, or did not have any reasonable grounds for suspecting that the relevant proceedings are pending before the Court.
(2) A person shall not be guilty of or punishable for contempt of Court for the distribution of a publication which would otherwise be contempt of court, if at the time of distribution he did not know, or did not have any reasonable grounds for suspecting that the publication contained or was likely to contain any matter which amounts to contempt of Court.
