Page:Administration of Justice (Protection) Act 2016.pdf/17

This page has been validated.
18
NO. 19 OF 2016


under this Act, and applies whether or not the unincorporated association or partnership is found guilty of the contempt of court.

(6) This section applies to an offence under this Act as if it were contempt of court under this Act and to a conviction as if it were a finding of guilt of contempt of court.

(7) In this section—

"officer", in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, and includes—
(a) any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; and
(b) any person purporting to act in any such capacity;
"partner" includes a person purporting to act as a partner;
"state of mind" of a person includes—
(a) the knowledge, intention, opinion, belief or purpose of the person, and
(b) the person's reasons for the intention, opinion, belief or purpose.

Common law rules on contempt

8.—(1) This Act prevails over any common law rule on contempt of court to the extent that such rule is inconsistent with any of the provisions of this Act.

(2) All defences at common law to contempt of court under this Act, not contained in this Act, are repealed.

(3) To avoid doubt, the common law rules on contempt of court continue in force except so far as they are inconsistent with the provisions of this Act.

(4) To avoid doubt, the common law rules in this section refer to both the substantive and procedural common law rules on contempt.