This is an official version.
Copyright © 2011: Queen's Printer,
Newfoundland and Labrador
(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.
1. Short title
3. Screening and search methods
4. Exemption to screening requirements
5. Persons authorized to possess a weapon
6. Judicial power unaffected
1. These regulations may be cited as the Court Security Regulations.
2. 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.
Screening and search methods
3. 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.
Exemption to screening requirements
4. Judges, court employees, security officers, wildlife officers, and other persons in the discretion of the High Sheriff are exempt from screening under the Act.
Persons authorized to possess a weapon
5. 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.
Judicial power unaffected
6. 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.