Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings or against public officers
103A Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings or against public officers
(1) A person must not do any of the following with the intention of inducing a person who is, or may be, involved in a criminal investigation or judicial proceedings, to act or not to act in a way that might influence the outcome of the investigation or proceedings:
stalk a person within the meaning of section 189;
cause or procure any physical injury to a person or property;
(c) threaten or attempt to cause or procure any physical injury to a person or property;
cause detriment of any kind to a person.
Fault elements:
The person:
(a) intentionally does an act mentioned in paragraph (a), (b), (c) or (d); and
(b) intends to induce a person to act or not to act in a way that might influence the outcome of a criminal investigation or judicial proceedings; and
(c) knows, or is reckless as to whether, the person is or may be involved in the investigation or proceedings.
Maximum penalty: Imprisonment for 7 years.
(2) A person must not do any of the following on account of anything said or done by a person involved in a criminal investigation or judicial proceedings in good faith in the conduct of the investigation or proceedings:
stalk a person within the meaning of section 189;
cause or procure any physical injury to a person or property;
(c) threaten or attempt to cause or procure any physical injury to a person or property;
cause detriment of any kind to a person.
Fault elements:
The person:
(a) intentionally does an act mentioned in paragraph (a), (b), (c) or (d); and
(b) has knowledge of the thing said or done by a person involved in a criminal investigation or judicial proceedings in the conduct of the investigation or proceedings.
Maximum penalty: Imprisonment for 7 years.
(3) A person must not do any of the following with the intention of influencing the manner in which a public officer discharges or performs his or her official duties or functions:
stalk a person within the meaning of section 189;
cause or procure any physical injury to a person or property;
(c) threaten or attempt to cause or procure any physical injury to a person or property;
cause detriment of any kind to a person.
Fault elements:
The person:
(a) intentionally does an act mentioned in paragraph (a), (b), (c) or (d); and
(b) intends to influence the manner in which a public officer discharges or performs his or her official duties or functions; and
(c) knows, or is reckless as to whether, the person is a public officer.
Maximum penalty: Imprisonment for 7 years.
(4) A person must not do any of the following on account of anything said or done by a public officer in good faith in the discharge or performance, or purported discharge or performance, of his or her official duties or functions:
stalk a person within the meaning of section 189;
cause or procure any physical injury to a person or property;
(c) threaten or attempt to cause or procure any physical injury to a person or property;
cause detriment of any kind to a person.
Fault elements:
The person:
(a) intentionally does an act mentioned in paragraph (a), (b), (c) or (d); and
(b) has knowledge of the thing said or done by a public officer in good faith in the discharge or performance or purported discharge or performance of his or her official duties or functions.
Maximum penalty: Imprisonment for 7 years.
For this section:
(a) a person is involved in a criminal investigation if the person is involved in such an investigation as a witness, victim or legal practitioner or is otherwise assisting police with their inquiries; and
(b) a person is involved in judicial proceedings, whether the proceedings are in progress or are proceedings that are to be, or may be, instituted at a later time, if the person is:
a judicial officer or other officer at the proceedings; or
(ii) involved in the proceedings as a witness, juror (whether the person has taken the oath as a juror or not) or legal practitioner.
In this section:
Territory instrumentality means:
an Agency or instrumentality of the Territory; or
(b) any body (whether or not incorporated) that is established by or under an Act and:
(i) is comprised of persons, or has a governing body comprised of persons, a majority of whom are appointed by the Administrator, a minister or an Agency or instrumentality of the Territory; or
is subject to control or direction by a minister.
This Act’s bill:Second reading speech
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