Contempt of Court and Perverting Justice in Australia

Key Takeaways

• Core Purpose: These offences are not about protecting individuals, but about protecting the integrity, authority, and effectiveness of the entire justice system.

• Key Offences: The main categories include Contempt of Court (disobeying or disrespecting the court), Perjury (lying under oath), and Perverting the Course of Justice (actively trying to derail a legal process).

• Less Common, More Severe: While far less common than theft or assault, offences against justice are treated with extreme severity because they attack the very foundation of the rule of law.

• Broad Application: These laws apply to everyone involved in the legal process—including witnesses, jurors, lawyers, and the general public—and can arise in any type of legal matter.

Introduction

In our series on Australian criminal law, we have explored a range of offences, from Violent Crime and Property Damage to highly complex White-Collar Crime. The final category we will cover is unique. It deals not with harm to individuals or property, but with acts that harm the administration of justice itself.

Offences like contempt of court, perjury, and perverting the course of justice are fundamental to a functioning legal system. While you are less likely to encounter them than a common Traffic Offence, they are prosecuted vigorously. This is because any act that undermines a court's authority or the truth-finding process threatens to make justice impossible for everyone.

This guide explains these critical offences, what they entail, and why they carry such serious consequences in Australia.

Important Note: The laws governing offences against justice are a complex mix of statute law (like the Crimes Act 1900 in NSW) and common law (principles developed by judges over centuries). This article provides a general overview using NSW law as a primary example. For specific legal matters, professional advice is essential.

Learn more about offences against justice at Crimes Act 1900 (NSW).

Contempt of court is any act that has the tendency to interfere with or undermine the authority, performance, or dignity of the courts and their processes. Its purpose is to ensure that court proceedings can be conducted fairly and without obstruction.

There are two main categories:

1. Contempt 'in the Face of the Court' (In Facie)

This refers to contemptuous acts that happen inside or in the immediate vicinity of the courtroom, in front of a judicial officer.

Examples:

• Yelling at or insulting a judge or magistrate.

• Refusing to answer a question when directed to by the judge as a witness.

• Filming or recording proceedings without permission.

• A juror refusing to participate in deliberations.

2. Contempt 'Outside the Court' (Ex Facie)

This involves acts committed outside the courtroom that have the potential to interfere with a case.

Examples:

• Publishing Prejudicial Material: Publishing information online or in the media that could influence a jury in a high-profile trial (e.g., revealing the accused's prior convictions). This is especially critical in sensitive cases like those involving Sexual Offences.

• Disobeying a Court Order: Knowingly breaching an order, such as a freezing order on assets in a commercial dispute or a suppression order preventing the publication of a victim's name.

• "Scandalising the Court": Publishing baseless allegations of corruption or bias against a judge or court.

Truth is the currency of the courtroom. Perjury is the criminal offence of deliberately lying while giving evidence after taking an oath or making an affirmation to tell the truth.

To be found guilty of perjury, the prosecution must prove four key elements:

• A Lawful Oath: The person was formally sworn in to give truthful evidence.

• A False Statement: The person made a statement that was untrue.

• Knowledge of Falsity: The person knew the statement was false when they made it. An honest mistake or a faulty memory is not perjury.

• Materiality: The false statement was "material" to the case, meaning it had the potential to affect the outcome of the proceeding.

Perjury is considered a very serious crime because it can lead to miscarriages of justice, such as an innocent person being convicted or a guilty person being acquitted.

This is a broad and extremely serious offence covering any act intended to obstruct, prevent, or defeat the course of justice in a legal proceeding. It is about intentionally derailing the entire process.

The range of acts that can constitute this offence is wide and includes:

• Destroying or Hiding Evidence: For example, throwing a weapon used in a Violent Crime into a river, or wiping a computer hard drive relevant to a Cybercrime investigation.

• Interfering with Witnesses or Jurors: Threatening, intimidating, or trying to bribe a witness to change their testimony or a juror to vote a certain way.

• Providing False Information: Knowingly providing a false alibi for an accused person or making a deliberately false accusation to police to waste their time and implicate an innocent person.

While comprehensive national statistics are not always readily available in a single format, the following data points from New South Wales provide some indication of the seriousness with which these offences are treated:

Note: These are maximum penalties and typical outcomes in NSW. Penalties can vary in other Australian jurisdictions.

Australian courts do not tolerate actions that attack their core functions. The penalties for these offences are severe and are designed to deter others from interfering with the justice system.

• Contempt of Court: Can be punished by the court itself, with penalties including fines and imprisonment.

• Perjury and Perverting the Course of Justice: These are serious criminal offences under the Crimes Act and carry maximum penalties of many years in prison, as highlighted in the table above.

The offences of contempt of court, perjury, and perverting the course of justice form the invisible shield that protects the Australian legal system. They ensure that court orders are respected, that evidence can be trusted, and that every person is afforded a fair trial free from improper influence.

While less frequent than other crimes, their enforcement is fundamental to the rule of law. They send a clear message: the administration of justice is paramount, and any act that seeks to undermine it will be met with the full force of the law.

AHL Legal: Your Partner in Navigating Offences Against Justice

Facing allegations of contempt of court, perjury, or perverting the course of justice? At AHL Legal, we specialize in defending against complex criminal charges, offering expert guidance and robust representation to protect your rights.

Learn more about Australia’s judicial system at Federal Court of Australia.