Northern Territory Consolidated Acts

JUSTICES ACT - SECT 63A

    (1)     Where the Court has:

        (a)     proceeded ex parte, under section 62(b) or 62A(b), to hear and adjudicate on a complaint and has found the defendant guilty of the offence or made an order against the defendant to which the complaint relates; or

        (b)     dismissed under section 63(1) a complaint,

the defendant or complainant may, not later than one month after:

        (c)     in the case of that defendant – the finding of guilt or order referred to in paragraph (a) coming to that defendant's notice; and

        (d)     in the case of that complainant – the dismissal referred to in paragraph (b) coming to that complainant's notice,

serve on the clerk of the Court by which that finding of guilt or order or dismissal was made, a written application to the Court to set aside that finding of guilt or order, or dismissal, as the case may be, and of the grounds of the application.

    (2)     Where a clerk is served an application referred to in subsection (1), he shall appoint a time and place for the hearing by the Court of the application and shall give written notice to the defendant or complainant making that application of the time and place so appointed.

    (3)     Where a defendant who has served an application referred to in subsection (1) is in custody pursuant to the finding of guilt or order to which the application relates, a Justice may, upon application by the defendant, if satisfied that that first-mentioned application has been duly served and that that defendant is not in custody for some other cause, grant the defendant bail in accordance with the Bail Act .

    (4)     Where a defendant is in custody pursuant to a finding of guilt or order referred to in subsection (1)(a), the keeper of the gaol where the defendant is being held, or a person authorised by him in writing for that purpose, shall, upon the request of that defendant, as soon as practicable, make all necessary arrangements:

        (a)     for the purpose of allowing service of an application referred to in subsection (1); and

        (b)     for the purpose of allowing that defendant to make an application referred to in subsection (3).

    (5)     A defendant who has served an application referred to in subsection (1) and who is not granted bail pursuant to subsection (3) shall, pending the determination under subsection (7) of the application and for so long as he is not in custody for some other cause, be treated in the same manner as a person who is in custody pursuant to section 60(1).

    (6)     Where, as a result of a determination under subsection (7), a defendant is required to serve a term of imprisonment, the period, if any, during which the defendant is in custody pending the determination shall count as part of the whole term.

    (7)     At the time and place appointed under subsection (2) for the hearing of an application referred to in subsection (1), the Court shall, unless the applicant to which the application relates was a defendant who was, under subsection (3), granted bail in accordance with the Bail Act and who fails to appear in accordance with his bail undertaking, proceed to hear and determine that application:

        (a)     by refusing that application; or

        (b)     by adjourning the hearing of that application to a time and place appointed by the Court, and giving to the other party written notice:

            (i)     of that time and place; and

            (ii)     that that other party may, if he thinks fit, at that time and place appear to oppose that application,

    and the Court shall then and there set aside the finding of guilt or order, or dismissal, as the case may be, to which that application relates, on such terms and conditions as the Court thinks fit, or the Court may refuse to set aside that finding of guilt or order, or dismissal.

    (8)     The Court may, in making a determination under subsection (7), make such order as to costs as it thinks fit.

    (9)     Where an application referred to in subsection (1) relates to a finding of guilt or order against the applicant and the finding of guilt or order imposed a sentence of imprisonment but that applicant was, under subsection (3), granted bail in accordance with the Bail Act and the Court, in determining under subsection (7) the application:

        (a)     refuses, under subsection (7)(a), that application; or

        (b)     refuses, under subsection (7)(b), to set aside that finding of guilt or order,

it shall order the return of the applicant to custody according to the finding of guilt or order to which that application relates.