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, &c.
           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, &c.
           Division 4 Assistance of counsel
   29.     Parties to have assistance of counsel
           Division 5 Recognizances
   31.     Discretion of Justices as to amount and sureties
   32.     Justice may fix amount of recognizance and sureties
   33.     Recognizances taken out of Court
   33A.    Extension of provisions for taking recognizance 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 recognizances and securities
   38.     Justice's certificate of non-compliance with conditions, prima facie evidence of forfeiture
   39.     Enforcement of recognizances
   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 Petty Sessions
   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, &c.
   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
   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 1 Procedure to committal
   100A.   Definitions
   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
   105AA.  Evidence of child witness in sexual offence matter
   105A.   Procedure where prosecutor proposes to tender written or recorded statements to Court
   105B.   Written and recorded statements may be admitted in evidence
   106.    Preliminary examination where written statements not tendered
   106A.   Powers of Justices 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.    Evidence or statement by defendant
   111.    Defendant may call witnesses
   112.    Procedure on completion of examination
   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 recognizances
   118.    Form of recognizance of witness
   119.    Witness refusing to enter into recognizance 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
           Division 5 Miscellaneous
   151.    Regulations for conveying prisoners to gaol
   152.    Use of deposition of witness in certain cases
   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 courts 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.    Recognizances on appeal
   168.    Release of appellant in custody
   169.    Amendment of recognizances 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, &c., to be transmitted to Supreme Court
   175.    Transmission of copy of depositions 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, &c.
   186.    Findings of guilt, &c., not voidable for want of form, &c.
   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
           Schedule 3
           ENDNOTES