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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 28 February 2019 to date (accessed 18 June 2019 at 18:49)
Part 7 Division 3
Division 3 Interference with judicial officers, witnesses, jurors etc
320   Extended meaning of “giving evidence”
In this Division, a reference to the giving of evidence includes a reference to the production of anything to be used as evidence.
321   Corruption of witnesses and jurors
(1)  A person who confers or procures or offers to confer or procure or attempt to procure any benefit on or for any person:
(a)  intending to influence any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or
(b)  intending to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding or to not attend as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, and intending to pervert the course of justice,
is liable to imprisonment for 10 years.
(2)  A person who solicits, accepts or agrees to accept any benefit for himself or herself or any other person:
(a)  in consideration for any agreement or undertaking that any person will as a witness in any judicial proceeding give false evidence or withhold true evidence or not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or
(b)  on account of anything to be done or omitted to be done by him or her or another person as a juror in any judicial proceeding, or on account of his or her or another person’s not attending as a juror in any judicial proceeding, intending to pervert the course of justice,
is liable to imprisonment for 10 years.
322   Threatening or intimidating judges, witnesses, jurors etc
A person who threatens to do or cause, or who does or causes, any injury or detriment to any person:
(a)  intending to influence a person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce anything in evidence pursuant to a summons or subpoena, or
(b)  intending to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding or to not attend as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not, or
(c)  intending to influence any person in the person’s conduct as a judicial officer, or
(d)  intending to influence any person in the person’s conduct as a public justice official in or in connection with any judicial proceeding,
is liable to imprisonment for 10 years.
323   Influencing witnesses and jurors
A person who does any act:
(a)  intending to procure, persuade, induce or otherwise cause any person called or to be called as a witness in any judicial proceeding to give false evidence or withhold true evidence or to not attend as a witness or not produce any thing in evidence pursuant to a summons or subpoena, or
(b)  intending, other than by the production of evidence and argument in open court, to influence any person (whether or not a particular person) in the person’s conduct as a juror in any judicial proceeding, whether he or she has been sworn as a juror or not,
is liable to imprisonment for 7 years.
324   Increased penalty if serious indictable offence involved
A person who commits an offence against section 321, 322 or 323 (offences concerning interference with witnesses, jurors, judicial officers and public justice officials) intending to procure the conviction or acquittal of any person of any serious indictable offence is liable to imprisonment for 14 years.
325   Preventing, obstructing or dissuading witness or juror from attending etc
(1)  A person who without lawful excuse wilfully prevents, obstructs or dissuades a person called as a witness in any judicial proceeding from attending as a witness or from producing anything in evidence pursuant to a summons or subpoena is liable to imprisonment for 5 years.
(1A)  A person who without lawful excuse wilfully prevents, obstructs or dissuades another person who the person believes may be called as a witness in any judicial proceeding from attending the proceeding is liable to imprisonment for 5 years.
(2)  A person who without lawful excuse wilfully prevents, obstructs or dissuades a person summoned as a juror in any judicial proceeding from attending as a juror is liable to imprisonment for 5 years.
326   Reprisals against judges, witnesses, jurors etc
(1)  A person who threatens to do or cause, or who does or causes, any injury or detriment to any person on account of anything lawfully done by a person:
(a)  as a witness or juror in any judicial proceeding, or
(b)  as a judicial officer, or
(c)  as a public justice official in or in connection with any judicial proceeding,
is liable to imprisonment for 10 years.
(2)  A person who threatens to do or cause, or who does or causes, any injury or detriment to another person because the person believes the other person will or may be or may have been called as a witness, or will or may serve or may have served as a juror, in any judicial proceeding is liable to imprisonment for 10 years.
(3)  For the purposes of this section, it is immaterial whether the accused acted wholly or partly for a reason specified in subsection (1) or (2).