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NEWFOUNDLAND

AND

LABRADOR

REGULATION 107/11

Court Security Regulations

under the

Court Security Act, 2010

(O.C. 2011-373)

(Filed December 13, 2011)

Under the authority of

section 11 of the Court Security Act, 2010,

the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's

, December 13, 2011.

Robert Thompson

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definitions

Screening and search methods

Exemption to screening requirements

Persons authorized to possess a weapon

Judicial power unaffected

Short title

These regulations may be cited as the Court Security Regulations.

107/11 s1

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Definitions

In these regulations

(a)

"Act" means the Court Security Act, 2010;

(b)

"floroscope machine" means a mechanical device which uses x-rays and a florescent screen to display images in real time; and

(c)

"metal detector" means a mechanical device for the detection of metal objects which may be hand-held or stationary.

107/11 s2

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Screening and search methods

The screening authorized under sections 5 and 6 of the Act may be accomplished by one or more of the following methods:

(

a) by requiring a person to pass through a stationary metal detector;

(

b) by passing a hand-held metal detector near or around a person's body;

(

c) by using a fluoroscope machine to examine the contents of a person's personal possessions or clothing;

(

d) through a physical search of the contents of a person's personal possessions or clothing by a security officer; or

(

e) by a frisk search in the manner authorized under the Act.

107/11 s3

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Exemption to screening requirements

Judges, court employees, security officers, wildlife officers, and other persons in the discretion of the High Sheriff are exempt from screening under the Act.

107/11 s4

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Persons authorized to possess a weapon

The following persons may possess a weapon in a court area:

(

a) a security officer;

(

b) a participant in a court proceeding who is

(

i) required to possess the weapon as part of the court proceeding, or

(ii)

authorized by a judge to possess a weapon as part of the court proceeding; and

(

c) a person authorized by a security officer on duty at a particular courthouse where the security officer has reason to believe that the person will not use the weapon to cause death or injury to, or threaten or intimidate a person.

107/11 s5

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Judicial power unaffected

Nothing in these regulations derogates from or replaces

(

a) the power of a judge at common law or otherwise to control the proceedings of the court;

(

b) the power of a judge to give directions to a security officer incidental to the exercise of a contempt power;

(

c) the right of the chief judge or a judge in the exercise of judicial functions; or

(

d) the administrative power of the chief judge to direct and control the precincts of a courthouse.

107/11 s6

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