JUSTICES ACT 1902 - As at 13 January 2003 - Act 27 of 1902
- As at 13 January 2003
- Act 27 of 1902
Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Repeals and savings
- 3 Definitions
4. (Repealed)
- 4A Notes
PART 2 - (Repealed)
PART 3 - MAGISTRATES AND JUSTICES ENABLING--ALLEGATION OF JURISDICTION
PART 4 - PROCEDURE BEFORE JUSTICES
Division 1 - Indictable offences
Subdivision 1 - Informations
- 21 When information may be laid
- 22 How information to be laid
- 22A Information taken to be laid
Subdivision 2 - Issue of warrants and summonses
- 23 Issue of warrant in first instance
- 24 Issue of summons
- 25 Issue of warrant where indictment filed
26. (Repealed)
Subdivision 3 - Form and service of summons
- 27 Form of summons
- 28 Manner of service of summons
Subdivision 4 - Form and execution of warrant
- 29 Form of warrant
Subdivision 5 - Defects in form and variances
- 30 What alleged defects or variances immaterial
Subdivision 6 - Warrant on default in appearance to summons
- 31 On non-appearance or absconding, warrants may be issued
Subdivision 7 - Committal proceedings
- 32 Place of hearing to be an open court
- 33 When adjournment allowed
- 34 How defendant to be dealt with during period of adjournment
- 35 Where principal witnesses reside at some other place, Justices may order defendant to be taken there
- 36 How evidence to be taken
37, 38. (Repealed)
- 39 Documents to be transmitted for trial
- 40 Copies of depositions
- 41 Procedure on hearing of charge of indictable offence
- 41AA Depositions of previous connected proceedings may be read as evidence in committal proceedings
- 41A Payment of costs by informant
- 42 Person committed for trial to be committed to correctional centre
- 43 Conveying person committed for trial to correctional centre
44-46. (Repealed)
- 47 Transmission of bail undertaking etc of person in correctional centre
- 47A Corporations
Subdivision 7A - Written statements in committal proceedings
- 48 Definitions
- 48AA Mandatory use of written statements in committal proceedings
- 48A Evidence in the form of written statements in committal proceedings
- 48B Copies of statements to be given etc
- 48BA Addresses and telephone numbers not to be disclosed
- 48C Requirements as to statements
- 48CA Special requirements as to transcripts of recordings of interviews with children
- 48D Information as to rights of defendant
- 48E Direction to witness to attend
48EA. (Repealed)
- 48F Rejection of whole or part of statement
- 48G Adjournments
- 48GA Time and manner requirements for service of statements and notices
- 48H False statements
- 48I Death of person making statement
Subdivision 8 - (Repealed)
Subdivision 9 - Plea of guilty in committal proceedings
- 51A Effect of plea of guilty in committal proceedings
Subdivision 10 - Procedure where indictable offences dealt with summarily
- 51B Application of Division 2 to indictable offences
Division 2 - Offences punishable on summary conviction and complaints
Subdivision 1 - Informations and complaints
- 52 When information may be laid
- 52A Information taken to be laid
- 53 When complaint may be made
- 54 Who may lay or make information or complaint
- 55 How information or complaint may be laid or made
- 56 Time within which information or complaints may be laid or made
- 57 Informations or complaints to be for one matter only
- 58 How partners etc property of partners etc to be described in information or complaint
Subdivision 2 - Issue of warrants and summonses
- 59 Issue of warrant in first instance
- 60 Issue of summons
61. (Repealed)
Subdivision 3 - Form and service of summons
- 62 Form of summons
- 63 Manner of service of summons
Subdivision 4 - Form and execution of warrant
- 64 Form of warrant
Subdivision 5 - Defects in form and variances
- 65 No objection for defect or variance
Subdivision 6 - Warrant on default in appearance to summons
- 66 On non-appearance or absconding, warrants may be issued
Subdivision 6A - Service of briefs of evidence
- 66A Definitions
- 66B Brief of evidence to be served on defendant unless otherwise ordered
- 66C Exhibits
- 66CA Recordings of interviews with children
- 66D Form of copy of brief of evidence
- 66E Discretion to order that copy of brief of evidence need not be served
- 66F Evidence not to be admitted
- 66G Adjournments
- 66H Indictable offences dealt with summarily
Subdivision 7 - Proceedings on information or complaint
- 67 Place of hearing to be an open court
- 68 When hearing may be adjourned, and how time and place of adjourned hearing appointed and notified
- 69 How defendant to be dealt with during adjournment
- 70 How evidence to be taken
71, 72. (Repealed)
- 73 Person interested in conviction or order may obtain copies thereof and of the information, depositions etc
- 74 Procedure where informant or complainant does not, but defendant does appear
- 75 Written pleas
- 75A Scheme for ex parte proceedings where defendant fails to attend
- 75B Procedure if defendant does not appear
- 75C Adjournment of proceedings where defendant fails to appear
- 75D Material to be considered in ex parte proceedings
- 75E Determination of ex parte proceedings
- 75F Application of section 10 of the Crimes (Sentencing Procedure) Act 1999
- 76 Procedure where either party does not appear at adjourned hearing
- 77 Where both parties appear Justices to hear and determine the case
- 78 Defendant to plead
- 78A Provision for hearing cases together
- 79 Addresses of parties
- 80 After hearing case Justices to convict or make an order or dismiss case
80A, 80AA. (Repealed)
- 80AB Restriction on imposing sentences of imprisonment
- 81 Payment of costs
82-84. (Repealed)
- 84A Traffic offences committed by children
- 85 Minute or memorandum of conviction or order to be made at the same time
- 86 Order and certificate of dismissal
Subdivisions 8, 9 - (Repealed)
Subdivision 10 - Miscellaneous
- 98 One Justice may receive information etc and issue summonses and warrants
99. (Repealed)
- 100 Aiders and abettors punishable as principals
Division 3 - Attendance notices for indictable or summary offences
Subdivision 1 - (Repealed)
Subdivision 2 - Issue and service of attendance notices
Division 4 - Attendance of witnesses and production of evidence
- 100AH Definitions
- 100AI Application of Division
- 100AJ Issue of subpoenas
- 100AK Production by non-party
- 100AL Subpoena may be set aside
- 100AM Inspection of subpoenaed documents or things
- 100AN Warrant may issue for failure to comply with subpoena
- 100AO How witness refusing to give evidence to be dealt with
- 100AP Service of subpoenas
- 100AQ Defects in subpoenas
PART 4A - REVIEW OF DECISIONS BY LOCAL COURTS
Division 1 - Applications and referrals for review
- 100A Outline of Part
- 100B Application of Part to sentences
- 100C Part does not apply to fines and forfeiture orders
- 100D Applications for annulment
- 100E Form of application
- 100F Time limit for application
- 100G Decisions that may be referred for review
- 100H Applicant
- 100I Who may deal with applications
- 100J Notice of applications
- 100K Grounds for granting applications
- 100L Procedure for Local Courts dealing with applications
- 100M Effect on application referred to Local Court if notice of referral not served
- 100N Stay of order or sentence
- 100O Procedure after decision
100P. (Repealed)
- 100Q Limit on applications
- 100R Notices
Division 2 - Procedure if conviction, order or sentence annulled
- 100S Procedure if Local Court decides to annul conviction, order or sentence
- 100T Effect of annulment of conviction, order or sentence
- 100U Conviction on rehearing
- 100V One or more offences
PART 4B - (Repealed)
PART 5 - APPEALS TO SUPREME COURT
Division 1 - Preliminary
- 101 Definitions
- 102 Application of Part generally
- 103 Application of Part to Justices
Division 2 - Appeals to Supreme Court
- 104 When an appeal can be made by a defendant or other person
- 104A Appeals in relation to environmental offences to be heard only with leave
105. (Repealed)
- 106 How appeal to be made and conducted
- 107 Stay of execution of conviction, order or sentence pending appeal
- 108 Powers of Supreme Court to review stays of execution of sentences
- 109 Powers of Supreme Court in determining appeals
- 110 Errors in form or law not of themselves to enable appeal success
- 111 Supreme Court may confirm conviction, order or sentence with effect from an earlier day
- 112 Appeals relating to certain traffic offences committed by children
- 113 Limits on appeals
- 114 Circumstances where Magistrate unable to hear matter
115. (Repealed)
Division 1 - Preliminary
- 116 Definitions
- 117 Application of Part generally
- 118 Application of Part to Justices
Division 2 - Appeals by defendants and other persons
- 119 Definitions
- 120 When an appeal can be made by a defendant or other person
- 121 Matters in which no appeal may be made
- 122 How appeal to be made
- 123 Matters in which an appeal can be made only with leave of District Court
- 124 Appeal may be made with leave, outside time for giving notice of appeal
- 125 Time for notices of appeal when more than one conviction or order involved
- 126 Lodging of notices of appeal and applications for leave to appeal
- 127 Stay of execution of conviction, order or sentence pending appeal
- 128 Effect on appeal or application for leave to appeal of defect in notice or statement of grounds of appeal
- 129 Powers of District Court in determining applications for leave to appeal
- 130 Hearing of appeal after leave to appeal granted
- 131 When order dismissing application for leave to appeal may be vacated
- 131A Appeals against sentence to be by way of rehearing of evidence
- 132 Appeals against conviction or order to be by way of rehearing on the transcripts of evidence
- 133 Circumstances when evidence to be given in person
- 133A Powers of District Court in determining appeals
- 133B When order dismissing appeal may be vacated
- 133C Notice of dismissal of application for leave to appeal or appeal
- 133D Appeals relating to certain traffic offences committed by children
Division 3 - Appeals by Crown
- 133E Meaning of "appeal"
- 133F When the Crown may appeal against a sentence
- 133G How appeal to be made
- 133H Evidence in appeals
- 133I Powers of District Court in determining appeals
Division 4 - General provisions relating to appeals and applications for leave to appeal
- 133J Definitions
- 133K General powers of District Court
- 133L Rules for procedure for appeals and applications
- 133M Appeal or application may be heard when notice not given as required
- 133N Errors in form or law not of themselves to enable appeal success
- 133O Withdrawal of appeals and applications
- 133P Court may confirm conviction, order or sentence with effect from an earlier day
- 133Q Effect on recognizances of confirmation of conviction, order or sentence
- 133R Limit on circumstances when costs may be awarded against a public informant
- 133S District Court's powers on appeals relating to sentences and orders
- 133T Payment of money
- 133U Evidence of quashing of conviction or order
- 133V Limits on appeals
PART 5B - APPEALS TO LAND AND ENVIRONMENT COURT
Division 1 - Preliminary
Division 2 - Appeals by defendants and other persons
- 133Z Definitions
- 133AA When an appeal can be made by a defendant or other person
- 133AB Matters in which no appeal can be made
- 133AC How appeal to be made
- 133AD Matters in which an appeal can be made only with the leave of the Land and Environment Court
- 133AE Appeal may be made with leave outside time for giving notice of appeal
- 133AF Time for notices of appeal when more than one conviction or order involved
- 133AG Lodging notices of appeal and applications for leave to appeal
- 133AH Stay of execution of conviction, order or sentence pending appeal
- 133AI Effect on appeal or application for leave to appeal of defect in notice or statement of grounds of appeal
- 133AJ Powers of Land and Environment Court in determining applications for leave to appeal
- 133AK Hearing of appeal after leave to appeal granted
- 133AL When order dismissing application for leave to appeal may be vacated
- 133AM Appeal to be by way of rehearing
- 133AN Circumstances when evidence to be given in person
- 133AO Powers of Land and Environment Court in determining appeals
- 133AP When order dismissing appeal may be vacated
- 133AQ Notice of dismissal of application for leave to appeal or appeal
Division 3 - Appeals by Crown against sentence
- 133AR Meaning of "appeal"
- 133AS When the Crown may appeal against a sentence
- 133AT How appeal is made
- 133AU Evidence in appeals
- 133AV Powers of Land and Environment Court in determining appeals
Division 3A - Other appeals to Land and Environment Court
- 133AVA Other appeals
- 133AVB Land and Environment Court to have same jurisdiction as Supreme Court in relation to appeals on environmental offences
- 133AVC How appeal to be made and conducted
Division 4 - General provisions relating to appeals and applications for leave to appeal
- 133AW Definitions
- 133AX General powers of Land and Environment Court
- 133AY Rules for procedures for appeals and applications
- 133AZ Appeal or application may be heard when notice not given as required
- 133BA Errors in form or law not of themselves to enable appeal success
- 133BB Withdrawal of appeals and applications
- 133BC Court may confirm conviction, order or sentence with effect from an earlier day
- 133BD Effect on recognizances of confirmation of conviction, order or sentence
- 133BE Limit on circumstances when costs may be awarded against a public informant
- 133BF Land and Environment Court's powers on appeals relating to sentences and orders
- 133BG Payment of money
- 133BH Evidence of quashing of conviction or order
- 133BI Limits on appeals
PART 6 - PROCEEDINGS AGAINST JUSTICES
134. (Repealed)
- 135 Action for act done within jurisdiction
- 136 Action for act done without or in excess of jurisdiction
- 137 No action maintainable
- 138 When prohibited action brought, proceedings may be set aside
139. (Repealed)
- 140 Where action may be brought
- 141 Tender of amends and payment into Court
142. (Repealed)
- 143 In what cases there shall be a nonsuit or verdict for the defendant
- 144 What damages may be recovered where plaintiff proved guilty of the offence of which he or she was convicted etc
145. (Repealed)
PART 7 - MISCELLANEOUS
- 145A Sufficient description of an offence
145B. (Repealed)
- 146 No proceedings in the nature of certiorari
- 147 Sufficiency of photocopy or facsimile of warrant
- 147A Sufficiency of seal printed on summons, warrant or subpoena
148-151. (Repealed)
- 152 Contempt of Court
- 152A Power to refer allegation of contempt to Supreme Court
153. (Repealed)
- 153A Persons arrested under bench warrants
- 153B Bail Act 1978 to prevail
- 154 Regulations
- 154A Rules
- 155 Savings, transitional and other provisions
