Public Safety Act, 1927

Refusal to recognise the Court.

17.—Any person charged with any crime or offence (including a crime or offence under this Act) who when brought before a court for trial on such charge refuses to recognise the court or refuses to recognise the authority or jurisdiction of the court or does any act (other than standing mute or lawfully objecting in due form of law to the jurisdiction of the court to try him on such charge) which in the opinion of the court is equivalent to a refusal to recognise the court or the authority or jurisdiction thereof shall be guilty of contempt of court and thereupon the following consequences shall ensue, that is to say:—

(a) the court shall direct a plea of not guilty to be entered for such person and the trial of such person on such charge shall then proceed according to law save that such person shall not be entitled or permitted to be represented by solicitor or counsel at such trial,

(b) if on such trial such person is found guilty of the crime or offence with which he is so charged or of any other crime or offence the court when measuring the sentence to be imposed upon him shall take into consideration his said contempt of court and may increase such sentence on account of such contempt of court,

(c) in the District Court, if the maximum punishment which may be imposed for the crime or offence of which such person is found guilty is a fine only or is imprisonment (with or without a fine) for a term of less than two years, such person shall be liable and may be sentenced to suffer imprisonment with or without hard labour for any term not exceeding two years, in addition to the fine (if any) which may lawfully be imposed on him,

(d) in any court other than the District Court, if the maximum punishment which may be imposed for the crime or offence of which such person is found guilty is a fine only or is imprisonment (with or without a fine) or is penal servitude (with or without a fine) for a term of less than five years, such person shall be liable and may be sentenced to suffer penal servitude for any term not less than three years and not exceeding five years or imprisonment with or without hard labour for any term not exceeding two years, in addition to the fine (if any) which may lawfully be imposed on him,

(e) if on such trial such person is not found guilty of any crime or offence he shall be liable and may be sentenced to suffer in respect of his said contempt of court imprisonment with or without hard labour for any term not exceeding two years,

(f) if on such trial the jury fails to find a verdict any sentence imposed on such person in respect of his said contempt of court shall not prevent his being tried before another jury on the charge on which such first-mentioned jury failed to find a verdict.