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Guyana’s contempt law undergoes modification

Oct 23, 2010 News

The Contempt of Court Bill, which according to Attorney General and Minister of Legal Affairs, Charles Ramson, introduces the circumstances under which contempt of court may arise, was passed in the National Assembly.
The Bill is an Act to define and regulate the law with respect to contempt of court and related matters.
Minister Ramson said that the Bill gives examples of the kinds of conduct that will constitute contempt of court and it also creates an offence. He explained that in the principal Act, the contempt was not regarded as an offence; however, this Bill makes contempt a criminal offence.
Moreover, the provisions are applicable only to the offences committed in the High Court, the Full Court of the High Court, Court of Appeal, and the Caribbean Court of Justice (CCJ). It does not apply to offences in the Magistrate’s Court, Lay Magistrate’s Court or in any other tribunal prescribed by law.
Contempt on the other hand, means any conduct, whether committed in the face of the court or not, that substantially obstructs or interferes with or prejudices or tends to substantially obstruct or interfere with or prejudice the administration of justice in proceedings pending before the court.
These include the willful disobedience to or disregard for any judgement for decree, direction or order of the court.
PPP Member of Parliament, Bernard DeSantos, pointed out that over the years, courts have failed to impose the stringent management of their proceedings and this Bill will now empower the Judge to take charge of his/her proceedings.
PNCR’s Clarissa Riehl, said that the Bill reforms the principal Contempt of Court Act that came into existence in May 1919, during the colonial period. She also said that “Government is bringing old laws to the House in a ‘piecemeal’ fashion”, and renewed her party’s call for law reform.
PPP’s Anil Nandlall, in reply, said that Government is moving towards justice sector reform, but will do so in a systematic way. He also disclosed that recently, a contract was awarded to Bob Semple and Associates to revise the laws of Guyana.
Nandlall also refuted statements made by AFC’s Khemraj Ramjattan who said that the provisions in the Bill are “draconian” and that the Bill was brought to the House without any consultation.
Nandlall proceeded to read a letter to the National Assembly written by then President of the Guyana Bar Association (GBA), Teni Housty on the June 12, 2008, addressed to Justice Claudette Singh who was also the project coordinator of the Modernisation of the Justice Administration Programme.
The letter included preliminary comments on a number of legislation that was deliberated on by the GBA, such as the Administration of Justice Bill 2008, Training School (Amendment) Bill 2008, Criminal Law Offences (Amendment) Bill 2008, and Juvenile Offenders (Amendment) Bill 2008.
Additionally, the letter stated the GBA’s request for more time to consider other pieces of legislation, one of which included the Contempt of Court Bill.
Nandlall added that the Bill is a demonstration of Government’s commitment to ensure modernisation of the justice sector.
The Bill was passed without the support of the Opposition. (GINA)

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