Northern Territory Consolidated Acts

JUSTICES ACT

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   4.      Interpretation  
   9.      Incorporation with past and future Acts and Ordinances  

   PART II--JUSTICES

   14.     Issue of summons etc.  

   PART III--GENERAL PROCEDURE

           Division 1--Form of warrant and summons

   20.     Form of warrant  
   22.     Form of summons  
   22A.    Description of offence in documents under this Act  

           Division 2--Witnesses

   23.     Summons to witness  
   25.     Warrant in first instance  
   26.     Witness refusing to give evidence may be committed to gaol  
   26A.    Power to require evidence from persons present in court  

           Division 3--Service

   27.     Service of summonses and notices under this Act  
   27A.    Service of summons under section 57(2)  
   28.     Proof by affidavit of service of process, handwriting etc.  

           Division 4--Assistance of counsel

   29.     Parties to have assistance of counsel  

           Division 5--Recognisances

   31.     Discretion of Justices as to amount and sureties  
   32.     Justice may fix amount of recognisance and sureties  
   33.     Recognisances taken out of Court  
   33A.    Extension of provisions for taking recognisance out of Court  
   33B.    Court may order commitment in default  

           Division 6--Security

   34.     Security under this Act to be given by deposit with or acknowledgement to clerk of the Court  
   35.     Entry of security and evidence thereof  
   36.     Indemnity of surety by principal  
   37.     Security to be enforced in substitution of other remedies  

           Division 7--Enforcement of recognisances and securities

   38.     Justice's certificate of non-compliance with conditions, prima facie evidence of forfeiture  
   39.     Enforcement of recognisances  
   40.     Suspension or mitigation of forfeiture  
   41.     Application of moneys received on enforcement  

   PART IV--SUMMARY JURISDICTION

           Division 1--Courts of Summary Jurisdiction

   41A.    The Court of Summary Jurisdiction  
   42.     Clerk of Court  
   43.     Constitution of Courts of Summary Jurisdiction  
   44.     Powers of a single Justice  
   45.     Interlocutory proceedings need not be before same Justices  
   46.     Contempt of Court  
   47.     Proceedings to be brought in most convenient Court  
   48.     Compensation may be awarded in vexatious cases  

           Division 2--The complaint and the proceedings thereon

   49.     Complaint  
   50.     How laid  
   51.     Joinder of charges  
   52.     Limitation of time for laying information  
   53.     Punishment of aiders and abettors in the commission of offences  
   54.     Allegations as to ownership  
   55.     Description of offence  
   56.     Exceptions or exemptions need not be specified or disproved by the complainant  
   57.     Upon complaint summons to issue  
   57A.    Plea of guilty may be made in writing if summons in form of Schedule 3  
   57B.    Limits on power of Court where plea of guilty in writing  
   57C.    Notice of finding of guilt or plea of guilty in writing to be first served  
   57D.    Court may refuse to accept plea of guilty in writing  
   57E.    Further consideration of complaint may be required  
   58.     Issue of warrant  
   59.     Defendant on apprehension to be brought before Justice  
   60.     Remand or discharge on bail  

           Division 3--The Hearing

   60A.    Where Court may be held  
   61.     Sittings to be in open Court but witnesses and other persons may be ordered to leave the Court  
   62.     On non-appearance of defendant Court may issue warrant or proceed ex parte  
   62A.    Procedure where person granted bail fails to appear  
   62AB.   Ex parte proceedings  
   63.     If the complainant does not appear, Court to dismiss complaint, or at discretion adjourn hearing  
   63A.    Certain decisions of Court may be set aside on application by defendant or complainant  
   64.     If both parties appear, Court to hear and determine the case  
   65.     Power of the Court or a Justice to adjourn hearing  
   66.     Postponement of hearing where no component Court available  
   67.     When defendant pleads guilty Court to find guilty or make an order  
   68.     If defendant pleads not guilty Court to hear parties and their evidence  
   69.     After hearing the parties Court to find guilty or dismiss  

           Division 4--Judgment

   70.     Finding of guilt to be minuted  
   70A.    Findings of guilt where charges joined in the complaint  
   71.     Order and certificate of dismissal  
   72.     Furnishing of copy of complaint and conviction or order to interested party  
   73.     For discouraging corrupt practices by common informers  
   74.     Penalties in discretion of Court  
   75.     General power of Courts to refrain from or mitigate punishment  

           Division 5--Costs

   77.     Power to award costs to defendant  
   77A.    Power to award costs against defendant  
   77B.    Costs of adjournment  
   77C.    Limitation on amount of costs  
   78.     Manner of enforcing payment of costs  
   78A.    Civil enforcement of costs  
   79.     Enforcing costs payable by complainant  

   PART IVA--PERSONAL VIOLENCE RESTRAINING ORDERS

           Division 1--Preliminary matters

   80.     Definitions  
   81.     Object of and achievement of Part  

           Division 2--Applying for and making orders

   82.     Application for order  
   83.     Parties to order  
   84.     How application is made  
   85.     Notice of hearing of application  
   86.     Referral to mediation  
   87.     Deciding application  
   88.     Matters to be considered by Court  
   89.     Content of orders  
   90.     Notice of order  

           Division 3--Miscellaneous matters

   91.     Variation or revocation of order  
   92.     Contravention of order  
   93.     Transitional matter for sureties to keep peace  

   PART V--INDICTABLE OFFENCES

           Division 1A--Preliminary matters

   100.    Definitions  

           Division 1--Procedure to committal

   101.    Information on indictable offence  
   101A.   Joinder of charges  
   102.    If warrant to issue information to be upon oath; otherwise oath not necessary  
   103.    Issue of warrant in first instance  
   104.    Issue of summons  
   105.    Issue of warrant  
   105A.   Preliminary examination to be conducted  
   105B.   Youth and adult charged – joint preliminary examination  
   105C.   Prosecutor to serve committal brief  
   105D.   Content of committal brief  
   105E.   Continuing obligation to update committal brief  
   105F.   Requirements for witness statements and exhibits  
   105G.   Defendant may apply for leave to cross-examine witness  
   105H.   Leave to cross-examine witness  
   105J.   Prosecution evidence  
   105K.   Cross-examination of witness  
   105L.   Protected witness cannot be called or examined  
   106A.   Powers of Magistrate to take plea of guilty without evidence  
   107.    Place where examination taken not to be deemed an open court, and no person to remain without consent  
   108.    Evidence upon oath  
   108A.   Contemptuous behaviour on preliminary examination  
   109.    Procedure on completion of the evidence for the prosecution  
   110.    Defendant may give evidence and call witnesses  
   112.    Procedure on completion of examination  
   112A.   Conduct of preliminary examination generally  
   113.    Power to remand defendant from time to time  
   114.    Power to admit to bail in lieu of remand  
   115.    Power to continue examination before expiry of remand  
   116.    Transmission of documents to Supreme Court upon committal for trial  
   117.    Binding witnesses by recognisances  
   118.    Form of recognisance of witness  
   119.    Witness refusing to enter into recognisance may be committed to gaol  

           Division 2--Minor offences

   120.    Minor offences  
   121A.   Offences that may be dealt with summarily  
   122A.   Serious or difficult matters not to be dealt with summarily  
   124.    Justice or Justices not having jurisdiction may remand for hearing by a competent Court  
   125.    Charge to be reduced into writing and defendant required to plead  
   126.    Witnesses for prosecution may be recalled for cross-examination  
   128.    Certificate of dismissal  
   130A.   Application of certain provisions of Criminal Code to minor offences  
   130B.   Power of Court to order delivery of property  
   131.    Transmission of documents to Supreme Court and evidentiary value  
   131A.   Summary jurisdiction in respect of harm and aggravated assault  
   132.    Effect of finding of guilt  
   133.    Proceedings to be a bar to further prosecution  

           Division 3--Committal for sentence

   134.    Defendant may be asked to plead to the charge  
   135.    On plea of not guilty examination to proceed  
   136.    On plea of guilty defendant to be committed or granted bail before sentence  
   137.    Defendant may call witnesses as to character  
   138.    Attendance of witnesses at the Criminal Court  
   139.    Transmission of documents to Supreme Court  
   141.    Withdrawal of plea and substitution of plea of not guilty  
   142.    Court to sentence accordingly unless the Judge advises withdrawal of the plea  
   151.    Conveying prisoners to gaol  
   152.    Evidence at trial if witness dead or ill  
   153.    Justice may take deposition of person dangerously ill and unable to attend preliminary examination  
   154.    Use of such deposition at trial  
   155.    Provision for prison being present at the taking of deposition  
   156.    Manner of payment to prosecutor or witness  
   157.    Court may allow expenses to witnesses for the defence  
   158.    Power to award payment of expenses of prosecution of a minor offence  
   159.    Power to award costs of prosecution although charge dismissed  
   160.    Manner of payment under sections 158 and 159  

   PART VI--APPEALS FROM COURT OF SUMMARY JURISDICTION

           Division 1--Special case

   162.    Points of law may be reserved for the consideration of the Supreme Court  

           Division 2--Appeals generally

   163.    Right of appeal to Supreme Court  
   164.    No appeal on removal into Supreme Court to be allowed except under this Act  
   165.    Power of Supreme Court to dispense with conditions precedent to appeal where compliance impracticable  
   166.    Amendment of notice of appeal  
   167.    Recognisances on appeal  
   168.    Release of appellant in custody  
   169.    Amendment of recognisances on appeal  
   170.    After decision on appeal Justices may enforce same  
   171.    Appeal to be instituted within one month  
   172.    Notice of appeals  
   173.    Hearing of appeals  
   174.    Convictions etc. to be transmitted to Supreme Court  
   175.    Transmission of documents to Supreme Court on appeal  
   175A.   Transmission of documents to Supreme Court deemed to be a tendering in evidence that Court  
   176.    Evidence on appeal  
   176A.   Tendering of evidence to Supreme Court  
   177.    Procedure and power of Supreme Court on appeal  
   178.    If costs not paid according to order of Supreme Court, certificate to be granted  
   179.    Enforcement of payment of costs of appeal  

   PART VII--SUPPLEMENTARY PROVISIONS

           Division 1--Irregularities and amendment

   181.    Form of information or complaint  
   182.    Information or complaint not to be objected to for irregularity  
   183.    Amendment of information or complaint  
   183A.   Complaint and information may be joined in certain circumstances  
   184.    Warrant or summons not to be objected to for irregularity  
   185.    Amendment of findings of guilt, warrants etc.  
   186.    Findings of guilt etc. not voidable for want of form  
   187.    Parties not to be discharged upon defects in warrants provided finding of guilt took place upon good grounds  
   187A.   Proof of findings of guilt by minute on complaint  

           Division 2--Habeas corpus

   188.    After summary finding of guilt or order habeas not to issue except on an affidavit writ to be returnable at least 4 days after issue, and notice to be given thereof  

           Division 3--Procedures in relation to person served with notice to appear

   189.    Definitions  
   190.    Procedure on appearance of defendant  
   191.    Warrant to apprehend on failure to appear  
   192.    Procedure on failure to appear after ineffective service  

           Division 4A--Rules and practice directions

   201A.   Rules and procedures  

           Division 4--Charges and regulations

   202.    Penalty for extortion  
   203.    Regulations  

   PART VIII--TRANSITIONAL MATTERS FOR JUSTICE LEGISLATION AMENDMENT (COMMITTALS REFORM) ACT 2010

   204.    Application of amendments  

   PART IX--TRANSITIONAL MATTERS FOR THE CRIMINAL CODE AMENDMENT (CRIMINAL DAMAGE) ACT 2011

   205.    Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2011  
           SCHEDULE 3
           ENDNOTES