Statute Details
- Title: List of Touts
- Act Code: SCJA1969-N3
- Type: Subsidiary/legislative instrument (listed provision under the Supreme Court of Judicature framework)
- Status: Current version as at 27 Mar 2026
- Authorising Act: Supreme Court of Judicature Act (Chapter 322, Section 73)
- Commencement: 20 March 1970 (as indicated in the extract)
- Key Provision (as provided): Exclusion from the precincts of the Supreme Court for persons named in the published list of “touts”
- Legislative History (from extract): 25 Mar 1992 (1990 RevEd); 26 Sep 1997 (1997 RevEd)
What Is This Legislation About?
The “List of Touts” is a published instrument connected to the Supreme Court of Judicature Act (Chapter 322, s 73). In plain terms, it identifies individuals who are treated as “touts” for the purposes of controlling improper conduct around the Supreme Court.
The practical effect of the instrument is straightforward: if a person’s name appears in the list, that person is excluded from the precincts of the Supreme Court. The law is aimed at preventing interference with the administration of justice, including discouraging solicitation or improper approaches to litigants, witnesses, or legal processes within the court environment.
Importantly, the exclusion is not absolute in all circumstances. The instrument provides a limited exception where the person is a party to, or a witness in, proceedings in the Supreme Court. This reflects a balance between protecting the court precincts from touting and ensuring that legitimate participants in litigation can attend the court when required.
What Are the Key Provisions?
1. Exclusion of listed individuals from the Supreme Court precincts
The core rule states that “any person whose name appears in the list of touts published pursuant to section 73 of the Supreme Court of Judicature Act is excluded from the precincts of the Supreme Court”. In practice, this means that once a person is listed, they are treated as barred from entering or remaining within the defined court precincts.
2. The limited exception for parties and witnesses
The instrument contains a carve-out: the exclusion does not apply “except when that person is a party to or a witness in any proceedings in the Supreme Court.” This exception is critical for legal practice. It ensures that a listed person can still attend court to give evidence or to participate as a litigant, even though they are otherwise subject to exclusion.
3. Reliance on the “published list” mechanism
The language emphasises that the list is “published pursuant to section 73” of the Supreme Court of Judicature Act. This indicates that the list is not merely an internal administrative record; it is a formal publication that triggers legal consequences. For practitioners, this matters because the enforceability and notice function are tied to the publication of the list.
4. Versioning and legislative history
The extract shows that the instrument is maintained through revised editions (1990 RevEd and 1997 RevEd) and is currently shown as “current version as at 27 Mar 2026”. While the substantive rule in the extract is short, the versioning is legally relevant: the identity of those listed can change over time, and counsel should verify the current list when advising clients or assessing risk of exclusion.
How Is This Legislation Structured?
Although the extract is brief, the structure is typical of a published list instrument authorised by a principal statute. The instrument operates as a named list (the “List of Touts”) rather than a multi-part code. The key elements are:
(a) Authorisation by the Supreme Court of Judicature Act
The list is “published pursuant to section 73” of the Supreme Court of Judicature Act. That authorising provision is the legal foundation for creating and publishing the list.
(b) The operative rule
The operative rule in the extract is the exclusion from the “precincts of the Supreme Court”, with the exception for parties and witnesses.
(c) Publication and revision
The instrument is maintained in revised editions, and the platform indicates a current version as at 27 March 2026. Practitioners should treat the list as a living document that may be updated, and they should consult the latest version when advising on whether a person is currently listed.
Who Does This Legislation Apply To?
The instrument applies to “any person whose name appears in the list of touts”. This is a targeted, person-specific application: it does not apply generally to all individuals who may be accused of touting; rather, it applies to those formally included in the published list.
However, the instrument also recognises a functional exception. Even if a person is listed, they are not excluded when they are a party to or a witness in proceedings in the Supreme Court. Accordingly, the practical scope is twofold: (1) listed individuals are barred from the precincts, but (2) legitimate court participants retain access when their attendance is required for the proceedings.
Why Is This Legislation Important?
1. Protecting the integrity of the court environment
The Supreme Court precinct is a sensitive space where the administration of justice must be protected from improper influence. Touting—commonly understood as solicitation or improper approaches connected to legal proceedings—can undermine fairness, disrupt court operations, and create risks of exploitation of litigants and witnesses. By excluding listed touts, the instrument supports a controlled environment for hearings and related court processes.
2. Clear consequences for listed individuals
The instrument provides a clear, enforceable consequence: exclusion from the precincts. For practitioners, this clarity is important for risk management. If a client, witness, or intermediary is suspected of being on the list, counsel should verify the current list and advise on access arrangements, especially for attendance on hearing dates.
3. Practical litigation planning: the party/witness exception
The exception for parties and witnesses is a practical safeguard. In real cases, a person on the list may still need to attend court for legitimate reasons. Lawyers should ensure that the person’s status as a party or witness is properly understood and can be demonstrated if challenged. For example, where a listed person is called as a witness, counsel may need to coordinate with court administration and ensure that the person attends at the relevant time and in the appropriate capacity.
4. Need for current verification
Because the instrument is maintained through revised editions and is shown as current as at 27 March 2026, the list may change. A lawyer advising on whether someone is excluded must check the latest version rather than relying on outdated references. This is especially important where the consequences involve physical access to court precincts.
Related Legislation
- Supreme Court of Judicature Act (Chapter 322), in particular section 73 (authorising publication of the list of touts)
- Judicature Act (as referenced in the metadata)
- Timeline (legislative history/versioning reference tool)
Source Documents
This article provides an overview of the List of Touts for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.