President of High Court calls for crackdown on 'disruptive' and 'violent' behaviour in court

THE PRESIDENT OF the High Court has condemned the increase in disruptive and sometimes violent conduct in the court, and said that it requires a crackdown.

In a notice issued yesterday, Mr Justice David Barniville said that the “increasing number of incidents of extremely disruptive and, on occasions, violent conduct in court” by “some litigants and their supporters” would no longer be tolerated, and could result in criminal penalties. 

He said that such behaviour would be dealt with by the High Court in a number of ways, and would expose litigants to “the risk of further procedures for contempt of court and potentially other criminal proceedings”. 

“Disruptive conduct threatens the effective management of court business, the progress of cases and the safety and welfare of judges, registrars and other court officers, officials and staff, lawyers and litigants alike,” Barniville said.

Advertisement

“The Court has a duty to protect the integrity of proceedings and ensure the proper administration of justice and the safety of all those involved in the courts system.

If public confidence in the administration of justice is to be maintained, it is paramount that the authority of the Court is respected. 

Measures taken

In his statement, Barniville identified a number of types of disruptive behaviour and outlined measures to tackle them.

“Given the increasing incidents of these types of disruptive behaviour, it cannot be expected that the Court will exercise the type of tolerance for such behaviour as may have been exercised up to now,” he said.

Making vexatious or frivolous submissions to the court, threatening or assaulting a judge or other person in the court, recording images or audio, the use of abusive or threatening words are among the behaviours outlined by the judge.

Some of the measures outlined to combat such behaviour include restricting a person from attending the court, restricting them from taking cases without prior approval, restricting them from communicating with the Court, or excluding them from the courtroom.

“Where necessary, the Court may take one or more of the steps outlined below where that is a fair and proportionate response to the disruptive conduct involved,” Mr Justice Barniville said.

The objective in this regard is to ensure that all proceedings are conducted fairly, safely and efficiently, while protecting the rights of all participants. 

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.
Learn More Support The Journal