Section 384 — Crimes Act 1961: Right of appeal against sentence or conviction for contempt of Court

384 Right of appeal against sentence or conviction for contempt of Court (1) This subsection applies to a person— (a) found guilty in the High Court of a criminal contempt of that court or any other court committed in the face of that court or the other court; or (b) found guilty in a District Court of a criminal contempt of that court committed in the face of that court during a proceeding on indictment. (2) A person to whom subsection (1) applies may appeal to the Court of Appeal or, with the leave of the Supreme Court, to the Supreme Court against any sentence imposed (other than an order of the High Court or a Judge of the High Court, or a District Court or a District Court Judge, that he or she be detained in custody until the rising of the Court) as if he or she had been convicted on indictment. (3) This subsection applies to a person found guilty in the High Court of a criminal contempt (other than a contempt committed in the face of the court) of that court or any other court. (4) A person to whom subsection (3) applies may appeal to the Court of Appeal or, with the leave of the Supreme Court, to the Supreme Court against the finding, or any sentence imposed (other than an order of the High Court or a Judge of the High Court that he or she be detained in custody until the rising of the Court); and this Part applies as if the finding that he or she is guilty of a criminal contempt of court were a conviction. (5) With the leave of the Supreme Court, a person convicted of contempt of Court may appeal to the Supreme Court against a decision of the Court of Appeal on appeal under this section. (6) This section is subject to section 14 of the Supreme Court Act 2003 (which provides that the Supreme Court must not give leave to appeal directly to it against a decision made in a court other than the Court of Appeal unless it is satisfied that there are exceptional circumstances that justify taking the proposed appeal directly to the Supreme Court). Section 384 was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “ High Court ” for the words “ Supreme Court ” . Subsection (3) was inserted, as from 1 May 1981, by section 16 Crimes Amendment Act (No 2) 1980 (1980 No 85). Section 384 was substituted, as from 1 January 2004, by section 48(1) Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.