An Act to define and regulate the law with respect to contempt of Court and related matters
10. (1) Subject to this section, a person shall not be guilty of contempt of Court for the publication of a fair and accurate report of any proceedings pending before the Court or any stage thereof.
(2) A Court may, where it appears to be necessary to avoid obstruction or prejudice to the administration of justice in any proceedings pending before the Court, order that the publication of the proceedings or any part thereof be prohibited.
(3) Any order made under subsection (2) maybe made subject to such conditions as the Court deems fit.
(4) When an order is made under subsection (2) any person who, with knowledge of it disobeys that order, shall be guilty of contempt and punishable as is prescribed in section 6.
11. A person shall not be guilty of contempt of Court for the publication of any fair comment on the merits of any proceeding which have been heard and finally determined by the Court.
Part IV
Procedure for contempt
of court
12. (1) Where, in the opinion of the Court a person has committed a contempt in the face of the Court, that is, in the presence or hearing of the Court, the Court may cause that person to be brought before it, either forthwith or at any time before the rising of the Court on the same day, and shall –
(a) inform him of the contempt with which he is charged;
(b) afford him an opportunity to put forward a defence to the charge; and
(c) after hearing him in his defence and the evidence of any witness he may tender, proceed to pronounce upon a final determination of the charge, either forthwith or on such date and at such time as the Court may appoint in that behalf.
(2) Upon a final determination of a charge for contempt of Court under subsection (1) (c), the Court may make such order for the imposition of punishment under section 6 or the discharge of such person as it thinks fit.
(3) Where the Court does not determine a charge for contempt of Court forthwith, the Court may order that person to be detained in such custody as the Court may specify but the detention shall not exceed seven days before a final determination of the matter.
Provided that the Court may order that the person may be released on bail or on such conditions as the Court thinks fit.
13. No appeal shall lie from any order of guilt for contempt of Court, or punishment imposed therefor, made by the Court under section 12.
14. (1) Where it is alleged that any person has committed a contempt, other than contempt in the face of the Court, proceedings against that person may be brought by way of an application to the Court.
(2) An application under subsection (1) shall be made in like manner as if it were an application under the High Court Act, the Court of Appeal Act or the Caribbean Court of Justice Act 2004, as the case may be.
(3) Every application under this section shall be supported by an affidavit, which shall specify the nature of the contempt of which the person is alleged to have committed and all material facts, including the date or dates of the commission of the alleged contempt and all documents relied on it.
15. An appeal shall lie from any order for contempt of Court, or punishment imposed, made by the Court under section 14, in the case of –
(a) a single judge of the High Court, to the Full Court of the High Court;
(b) the Full Court of the High Court, to the Court of Appeal; and
(c) the Court of Appeal, to the Caribbean Court of Justice, in like manner as if the order were a judgment or order under the High Court Act or the Court of Appeal Act, as the case may be.
16. All proceedings for contempt of Court under this Act shall be brought within one year from the date on which the contempt is alleged to have been committed.
Part V
Miscellaneous
17. Nothing in this act shall prejudice any defence available at common law to a charge of contempt of Court.
18. The provisions of this Act shall be in addition to, and not in derogation of any other law in force, in relation to contempt of Court.
19. The Contempt of Court Act is repealed.
Passed by the National Assembly on 21st October, 2010.
And signed by the President on 2nd November 2010.
