Court buildings are essential spaces where justice is administered, and ensuring their security is a critical part of maintaining public order and the rule of law.  Specific legislation governs behaviour on court premises, clearly outlining what constitutes a security offence and the penalties that may apply.

Legislation Governing Court Security

Each Australian jurisdiction has its own legislation focused on court security. Key examples include:

• Court Security Act 2005 (New South Wales)
• Court Security Act 1980 (Victoria)
• Court Security Act 2013 (Commonwealth)

These laws aim to ensure that court operations remain safe and undisturbed. They cover a range of prohibited activities and provide authorities with the power to enforce compliance.

Court Security Offences

Possession of Prohibited Items

Bringing certain items into the court premises without a lawful excuse is a criminal offence. This includes:

• Firearms
• Explosives
• Offensive weapons

Even unintentionally carrying these items can lead to serious consequences.

Failure to Comply with Security Procedures

Court security personnel may require you to:

• Provide your name and address
• Explain your reason for being on the court premises
• Submit to a search

Refusal to comply with these requests may constitute an offence.

Unauthorised Recordings or Transmissions

Recording or broadcasting court proceedings without prior approval is strictly prohibited in some jurisdictions. This applies to both audio and visual media and is intended to protect the integrity and privacy of legal proceedings.

Harassment, Intimidation, or Obstruction

Any conduct that disrupts the court’s operation or harasses individuals, such as judges, lawyers, or witnesses, on court premises is considered an offence.

Obstructing Entry or Activities

Deliberately blocking access to court buildings or interfering with court-related activities is unlawful and can lead to prosecution.

Penalties for Offences

Penalties vary depending on the jurisdiction and severity of the offence. They can include:

• Fines
• Restrictions (e.g., bans from court premises)
• Imprisonment, in some cases for up to seven years

Considerations

Exemptions

Certain individuals, like police officers or authorised personnel, may be exempt from some restrictions when acting in the course of their duties.

Judicial Approval

In special circumstances, a judicial officer may grant permission for someone to carry or use a restricted item on court premises.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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