Section 11B — Cognizance of Offence

Original analysis

Plain-language explanation

Section 11B provides the statutory route from the Committee on Privileges to the Judicial Committee. It is engaged where the Committee on Privileges is satisfied that a qualifying breach has occurred and punishment is to be inflicted under Section 11A.

The provision should be read with Section 11, which identifies the scheduled acts and omissions that amount to breach of privilege, and Section 11C, which governs the Judicial Committee after a reference is received.

Legal test

Essential ingredients

• A matter governed by the Act
• Satisfaction of the Committee on Privileges of the Assembly
• A breach within the meaning of Section 11
• A case in which punishment is to be inflicted under Section 11A
• A reference to the Judicial Committee

Consequence

Legal effect

Where the stated conditions are present, Section 11B directs that a reference be made to the Judicial Committee; it does not itself determine guilt or impose a punishment.

Proof and process

Burden or procedural requirement

• Section 11B does not state an independent evidentiary standard. The applicable Act, rules, reference and later process under Section 11C must be examined together.
• The alleged breach and the relevant Schedule entry should be identified precisely before treating the matter as a Section 11B reference.
• A person affected by a later proceeding should obtain and review the reference, notice and supporting statutory basis.

Limits

Important exceptions and qualifications

• The provision is subject to the rest of the Act.
• The proceeding before the Judicial Committee begins under Section 11C after receipt of a reference.
• Section 11C contains its own express exclusion for media persons and procedural safeguards.