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Title

Ch15 Questions / RULES GOVERNING QUESTIONS / Form and content of questions / The sub judice convention

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Questions

Chapter No.

Chapter 15

Page

546

Section No.

 

System Id

procedural/practcer/chapter15.33.doc


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Ch15 Questions / RULES GOVERNING QUESTIONS / Form and content of questions / The sub judice convention



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House of Representatives                                Ch 15                                                 p 546

 

Questions / RULES GOVERNING QUESTIONS / Form and content of questions

 

The sub judice convention

Questions should not raise matters awaiting or under adjudication in a court of law. In such cases the House imposes a restriction upon itself to avoid setting itself up as an alternative forum to the courts and to ensure that its proceedings are not permitted to interfere with the course of justice. This restriction is known as the sub judice rule or, more properly, as the sub judice convention. The convention, which is discussed in detail in the Chapter on ‘Control and conduct of debate’, also applies to questions and answers. It is for the Speaker to determine whether a question (or an answer) which may touch on matters before, or due to come before, a court may be permitted, just as the application of the convention in debate is subject to the discretion of the Speaker. 1



H.R. Deb. (28.5.98) 4135; H.R. Deb. (9.8.99) 8095.