Control of Covid-19 (Travel) (No. 3) Regulations, 2022

Section 1

Act 22 of 2022

PENAL CODE (AMENDMENT) ACT, 2022 (Act 22 of 2022) AN ACT TO AMEND THE PENAL CODE (2022 REVISION) IN RELATION TO OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.

amended in section 3 by inserting after the definition of the word “publicly” the following definition — “ “summons” means a witness summons, writ of subpoena or any other process issued by a court for the purpose of securing the attendance of a witness in criminal or civil proceedings and “summoned” has a corresponding meaning;”.

with witnesses

(a) in subsection (1) — (Act 22 of 2022) I Assent, Martyn Roper Governor Date: 29th day of December, 2022

Section 4 Penal Code (Amendment) Act, 2022

Act 22 of 2022

(i) in paragraph (b), by inserting after the words “to do;” the word “or”;

(ii) in paragraph (c), by deleting the words “or criminal; or” and substituting the words “or criminal,”;

(iii) by repealing paragraph (d); and (iv) by deleting the word “seven” and substituting the word “five”; and (b) in subsection (2), by deleting the word “five” and substituting the word “two”.

proceedings

section — “Offences relating to judicial proceedings

(a) wilfully insults or shows disrespect to — (i) the court;

(ii) any judge or magistrate when exercising the judge’s or magistrate’s functions with respect to such judicial proceedings; or (iii) any attorney appearing in, any party to, or any witness giving or intending to give evidence in, such judicial proceeding;

(b) wilfully — (i) interrupts any such judicial proceedings;

(ii) causes a disturbance in the course of any such judicial proceedings; or (iii) otherwise misconducts himself or herself in the course of any such judicial proceedings;

(c) having been duly summoned to give evidence — (i) fails to attend or to attend after adjournment of the court after being ordered to attend the adjourned hearing;

(ii) refuses to be sworn or make an affirmation;

(iii) after being sworn or affirmed, refuses without lawful excuse to answer a question or produce a document;

(iv) after giving evidence, departs without obtaining the permission of the court or remains in court after being ordered to leave; or

Penal Code (Amendment) Act, 2022 Section 5

Act 22 of 2022

(d) attempts wrongfully to interfere with or influence a witness, either before or after he or she has given evidence, in connection with such evidence, commits an offence and is liable on conviction to a term of imprisonment of four years.

(2) Subject to subsection (3), where it appears to the court that an offence against subsection (1)(a), (b) or (c) has been committed in view of the court, the court may cause the alleged offender to be remanded in custody until the rising of the court on the same day and then, or at any earlier time, take cognizance of the offence; and, if satisfied that the alleged offender has committed the offence, sentence the offender to a fine of five hundred dollars or, in default of payment, to imprisonment for six months.

(3) The court shall not make a determination of guilt pursuant to subsection (2) without first satisfying itself of the matters specified in section 12(1) of the Contempt of Court Act, 2022.

(4) This section is in addition to and not in derogation of the power of the Grand Court to punish for contempt of court.”.

to deal with misbehaviour in court, etc.

Section 6 Penal Code (Amendment) Act, 2022

Act 22 of 2022

(Amendment) Act, 2022 in respect of offences committed or alleged to have been committed against sections 107 and 111 of the Penal Code (2022 Revision) and section 39 of the Summary Jurisdiction Act (2019 Revision) shall be continued and dealt with as if this the Penal Code (Amendment) Act, 2022 had not come into force.

Passed by the Parliament the 14th day of December, 2022.

Hon. Katherine Ebanks-Wilks Speaker Zena Merren-Chin Clerk of the Parliament