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JUSTICES ACT 1886 - As at 1 March 2023 - Act 17 of 1886

JUSTICES ACT 1886


- As at 1 March 2023 
- Act 17 of 1886 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Note in text
   3.      (Repealed)
   4.      Definitions
   5.      General saving of powers of justices

   PART 2 - (Repealed)

   PART 3 - JURISDICTION
   Division 1 - General provisions

   19.     General provision
   20.     Authentication of acts of justices
   21.     Presumption
           Division 2 - Magistrates Courts
   22.     Continuance of Magistrates Courts
   22A.    Jurisdiction of Magistrates Courts
   22B.    Magistrates Courts districts
   22C.    Appointment of clerks of the court
   22D.    Principal clerk of courts
   23.     Vacancy in office of clerk of court etc.
           Division 2A - Decentralisation of Magistrates Courts
   23A.    Definitions for div 2A
   23B.    Act has effect subject to division
   23C.    Venue of hearing complaint to be determined subject to this section
   23D.    Power of clerk of the court to adjourn hearings
   23DA.   Further powers of clerk of the court
   23E.    Court or justices may adjourn within or outside district
   23EA.   Additional powers of court or justices
   23EB.   Management by clerk of the court of charge pending finalisation of proceeding under ex officio indictment
   23EC.   Conduct of proceeding by video link facilities or audio link facilities by court outside district or division
   23F.    (Repealed)
   23G.    (Repealed)
           Division 3 - Powers of single justice
   24.     Acts by 1 justice
   25.     After decision 1 justice may issue warrant of execution or commitment
   26.     Warrants of execution after appeal
           Division 4 - Hearing and quorum
   27.     Hearing of complaint
   28.     Majority to decide
   29.     When 2 justices required, must be present throughout the case
           Division 5 - Magistrates
   30.     Magistrates
   31.     (Repealed)
           Division 6 - Extent of jurisdiction
   32.     Justices may act outside jurisdiction
   33.     Warrants of commitment and remand by justices of limited jurisdiction
   34.     (Repealed)
   35.     Apprehended person may be taken before any justice
   36.     (Repealed)
   37.     Summons or warrant not avoided by death of justice etc.
   38.     Order in lieu of mandamus
   39.     Power of court to order delivery of certain property
           Division 7 - Interruption of proceedings
   40.     Penalty for insulting or interrupting justices

   PART 4 - GENERAL PROCEDURE
   Division 1A - Prosecution disclosure

   41.     Prosecution disclosure
           Division 1 - Complaints
   42.     Commencement of proceedings
   43.     Matter of complaint
   43A.    Court may order particular complaints to be heard together
   44.     (Repealed)
   45.     (Repealed)
   46.     Description of persons and property
   47.     What is sufficient description of offence
           Division 2 - Amendment of complaints, summonses and warrants
   48.     Amendment of complaint
   49.     Amendment
   50.     Recording of amendment
           Division 3 - How complaints are made
   51.     When complaint to be on oath and when not
           Division 4 - Limitation of proceedings
   52.     Limitation of proceedings
           Division 5 - Summonses
   53.     When justice may issue summons
   53A.    Power, after summons issued, to order mediation
   53B.    Further provision for a summons after mediation is ordered
   54.     Form of summons and filing of complaint and summons
   55.     Ex parte proceedings
   56.     Service of summonses
   56A.    Right of entry to serve summons
           Division 6 - Warrants and arrest without warrant
   57.     Cases in which warrants may be issued
   58.     Summons may be issued instead of warrant
   59.     Warrant in the first instance
   60.     Direction of warrant
   61.     (Repealed)
   62.     What warrants shall order
   63.     Warrant to be in force till executed
   64.     (Repealed)
   65.     How person arrested without warrant to be dealt with
           Division 6A - Procedures for computer warrants
   66.     Purpose and application of division
   67.     Approved procedures for computer warrants
   68.     Creation of a computer warrant
   69.     Computer version of computer warrant
   69A.    Written version of computer warrant
   69B.    Execution of a computer warrant
   69C.    Further procedure on execution of warrant
           Division 6B - Execution of written warrants using electronic copies or a computer document
   69D.    Application of division
   69E.    Facilitation of execution of written warrant
           Division 7 - When courts open
   70.     Open court
   71.     Exclusion of strangers
   71A.    (Repealed)
   71B.    Prohibition on taking photographs, producing pictures or other optical effects
           Division 8 - Right to conduct own case or have lawyer
   72.     Lawyer
           Division 9 - Evidence
   73.     Evidence how taken
   74.     Prosecutor’s and complainant’s witnesses
   75.     (Repealed)
   76.     Proof of negative etc.
   77.     Taking of evidence
   77A.    Views and inspections
           Division 10 - Witnesses in general
   78.     Power to issue summons to witness
   79.     After summons warrant
   80.     (Repealed)
   81.     Warrant in the first instance
   82.     Witness not answering
   83.     Production of documents before justices
           Division 10A - Direction hearing
   83A.    Direction hearing
   83B.    Noncompliance with direction about disclosure
           Division 10B - Disclosure obligation directions
   83C.    Purpose and scope of div 10B
   83D.    Definitions for div 10B
   83E.    Subject matter for disclosure obligation direction
   83F.    Application for disclosure obligation direction
           Division 11 - Remand and adjournment
   84.     Remand of defendant
   85.     Verbal remand
   86.     Bringing up during remand
   87.     (Repealed)
   88.     Adjournment of the hearing
   88A.    Use of verdict and judgment record
   88B.    Continuation of remand on registry committal
           Division 12 - Committal and recognisance
   89.     Place of committal or detention
   90.     Place to which committal to be made
   91.     Notice to witness
   92.     (Repealed)
   93.     Adjournment on non-appearance
   94.     Recognisances taken out of court
   94A.    Non-acceptance of sureties
   95.     Forfeited recognisances how to be enforced
   96.     (Repealed)
   97.     Conveying prisoners to prison
   98.     (Repealed)
           Division 13 - Records of court
   98A.    Records of court

   PART 4A - (Repealed)

   PART 5 - PROCEEDINGS IN CASE OF INDICTABLE OFFENCES
   Division 1 - Procedure on presentation of information

   99.     Certificate where information is presented
   100.    Warrant thereon
   101.    Committal of person who has been apprehended
   102.    Detainer of prisoner in corrective services facility
           Division 2 - Procedure for private complaint
   102A.   Application of provisions
   102B.   Service of summons and particulars on private complaint
   102C.   Application for dismissal of frivolous or vexatious complaints
   102D.   Appeal to Supreme Court from magistrate’s decision
   102E.   Further proceedings on a dismissed or struck out complaint prohibited
   102F.   Publication prohibited
   102FA.  Executive officer may be taken to have committed offence against s 102F(1)
   102G.   Dismissal for want of prosecution
   102H.   (Repealed)
           Division 3 - Warrant if summons is disobeyed
   103.    Disobedience of summons
           Division 4 - Defendant’s appearance on private complaint
   103A.   Defendant’s appearance upon private complaint
           Division 5 - Examination of witnesses
   103B.   Magistrate supervisory role
   104.    Proceedings upon an examination of witnesses in relation to an indictable offence
   104A.   Defendant may be excused from certain attendances
   105.    Statement may be put in evidence at trial
   106.    Saving
   107.    (Repealed)
   108.    Procedure upon a consideration of all the evidence
   109.    One justice
   110.    Justices need not be present during whole examination
   110A.   Use of tendered statements in lieu of oral testimony in committal proceedings
   110B.   Special provisions applying to a direction under s 83A(5AA)
   110C.   Limitation on cross-examination
   111.    Depositions of persons dead, absent etc.
   112.    (Repealed)
           Division 6 - Defendant admitting guilt
   113.    Procedure if defendant pleads guilty
           Division 7 - Corporation charged with indictable offence
   113A.   Committal proceedings where defendant is a corporation
           Division 7A - Registry committals
   114.    Registry committal by clerk of court
   115.    Process of clerk of the court for registry committal
   116.    Limited application of divs 5 to 7 for registry committals
   117.    Application of registry committals to indictable offences under other Acts
   118.    (Repealed)
   119.    (Repealed)
   120.    (Repealed)
           Division 8 - Action on committal for trial
   121.    Transmission of undertaking as to bail
   122.    (Repealed)
   123.    (Repealed)
   124.    (Repealed)
   125.    (Repealed)
   126.    Transmission of depositions
   127.    Duty of Attorney-General etc.
   128.    Authority of judge
   129.    Recommittal in case of error
   130.    Division applies also to registry committals
   131.    (Repealed)
           Division 9 - Examination of witnesses in another court district
   132.    Examination by justices for an offence committed in another Magistrates Court district
   133.    Remand to another place
   134.    Effect of depositions and undertakings as to bail taken or given elsewhere than at place of committal
   135.    (Repealed)
   136.    (Repealed)
   137.    (Repealed)
   138.    (Repealed)

   PART 6 - PROCEEDINGS IN CASE OF SIMPLE OFFENCES AND BREACHES OF DUTY
   Division 1 - Venue

   139.    Where summary cases to be heard
   140.    Adjournment to different place
           Division 2 - Default by complainant or defendant
   141.    Dismissal or adjournment in absence of complainant
   142.    Proceedings in absence of defendant
   142A.   Permissible procedure in absence of defendant in certain cases
   143.    Adjournment of hearing if warrant to apprehend defendant issued
           Division 3 - Hearing
   144.    Both parties appearing
   145.    Defendant to be asked to plead
   146.    Where defendant pleads not guilty
   146A.   Proceeding at the hearing on defendant’s confession in absentia
   146B.   Payment to clerk of the court of money recoverable in a summary way
   147.    Justices may proceed to hearing in absence of both or either of the parties
   147A.   Power of justices to reopen proceedings and rectify orders
   148.    Conduct of summary proceedings regulated
   148A.   Admissions of fact
           Division 4 - Dismissal
   149.    Dismissal of complaint
   150.    Minute of decision to be made and advice sent by post
           Division 4A - Ending of complaint if police cash bail granted
   150A.   Justices may order that complaint is ended
           Division 5 - Convictions and orders
   151.    Formal convictions and orders
   152.    Formal record of conviction not necessary, except for special purposes
   153.    No certiorari order
           Division 6 - Supply of copies of record
   154.    Copies of record
   155.    (Repealed)
           Division 7 - (Repealed)
           Division 8 - Costs
   157.    Costs on conviction or order
   158.    Costs on dismissal
   158A.   Exercise of discretion in relation to an award of costs
   158B.   Costs for division
   159.    The sum allowed for costs to be specified in the conviction or order
   160.    Costs how recoverable
           Division 9 - Enforcement of decisions
   161.    Mode of enforcement where no express provision made
   161A.   Mode of levying penalties, moneys or costs
   162.    Power to detain until return of warrant
   163.    Commitment in default of execution
   163A.   When court may order imprisonment in default of execution
   164.    Payment by instalments of, or security taken for payment of, money
   165.    (Repealed)
   166.    (Repealed)
   166A.   Power to issue or postpone warrant
   167.    Commitment where execution would be ruinous
   168.    (Repealed)
   169.    To whom payments to be made
   170.    (Repealed)
   171.    Effect thereof
   172.    Procedure on execution
   173.    Mitigation of punishment by justices
   174.    (Repealed)
   174A.   Police officer to execute warrant of commitment when full sum not tendered
   175.    Transfer of jurisdiction as to enforcement of fines etc.
   175A.   Allocation of part payments
   175B.   Order of satisfaction if amounts payable under more than 1 decision
   176.    (Repealed)
   177.    Remission of penalty
   178.    Power to withhold fines payable to informers
           Division 10 - Charge for issuing certain warrants
   178AA.  Warrant may include charge for its issue

   PART 6A - USE OF VIDEO LINK FACILITIES OR AUDIO LINK FACILITIES

   178A.   Purpose of part
   178B.   Definitions for part
   178C.   Use of video link facilities or audio link facilities in proceedings
   178D.   Facility user taken to be before the court
   178E.   Way video link facilities or audio link facilities must be operated
   178F.   Facilities for private communication
   178G.   Variation or revocation of order

   PART 7 - RECIPROCAL ENFORCEMENT OF FINES AGAINST BODIES CORPORATE

   179.    Meaning of terms
   180.    Reciprocating States and Territories and reciprocating courts
   181.    Enforcement by Magistrates Court
   182.    Enforcement by reciprocating court
   183.    (Repealed)
   184.    (Repealed)
   185.    (Repealed)
   186.    (Repealed)
   187.    (Repealed)
   188.    (Repealed)
   189.    (Repealed)
   190.    (Repealed)
   191.    (Repealed)
   192.    (Repealed)
   193.    (Repealed)
   194.    (Repealed)
   195.    (Repealed)
   196.    (Repealed)
   197.    (Repealed)

   PART 8 - (Repealed)

   PART 9 - APPEALS FROM THE DECISIONS OF JUSTICES
   Division 1 - Appeal to a District Court judge

   221.    Definitions for div 1
   222.    Appeal to a single judge
   222A.   Stay of particular matters
   222B.   Appeal documents must be sent to the relevant registrar
   222C.   Contact details and address for service
   222D.   Duty of relevant registrar to give notice of appeal and appeal hearing
   222E.   Duty of relevant registrar to give notice when particular issues arise
   223.    Appeal generally a rehearing on the evidence
   224.    Powers of judge incidental to appeal
   224A.   Right of appellant to be present
   225.    Powers of judge on hearing appeal
   226.    Costs
   227.    Judge may state case
   228.    Appeal not to be defeated for defect in notice etc.
   228A.   Discontinuance of appeal
   229.    Appeal may be struck out
   230.    Memorandum of judge’s determination
   231.    Enforcement of decision
   232.    Costs of appeal
   232A.   Costs for division
           Division 2 - General provisions
   233.    Control of Supreme Court over summary convictions
   234.    Amendment
   235.    In cases of certiorari order
   236.    Notice dispensed with
   237.    Power of court or judge to grant bail
   238.    Respecting the amendment of convictions etc.
   239.    Want of summons or complaint
   240.    Distribution of penalty
   241.    (Repealed)
   242.    (Repealed)
   243.    (Repealed)
   244.    (Repealed)
   245.    (Repealed)
   246.    (Repealed)
   247.    (Repealed)
   248.    (Repealed)
   249.    (Repealed)
   250.    (Repealed)
   251.    (Repealed)
   252.    (Repealed)
   253.    (Repealed)
   254.    (Repealed)
   255.    (Repealed)
   256.    (Repealed)
   257.    (Repealed)
   258.    (Repealed)
   259.    (Repealed)
   260.    (Repealed)
   261.    (Repealed)
   262.    (Repealed)
   263.    (Repealed)
   264.    (Repealed)

   PART 10 - MISCELLANEOUS

   265.    Forms
   266.    Regulations
   267.    (Repealed)

   PART 11 - VALIDATIONS, SAVINGS AND TRANSITIONAL
   Division 1 - References

   268.    References to certain former offices etc.
   268A.   (Expired)
   269.    (Repealed)
   269A.   (Expired)
   270.    (Expired)
   271.    (Expired)
   272.    Decentralisation of Magistrates Courts Act 1965 references
           Division 2 - Evidence (Protection of Children) Amendment Act 2003
   273.    Previous recognisance to appear on appeal hearing
           Division 3 - Justice and Other Legislation Amendment Act 2007
   274.    Appointment of clerks of the court and assistants continues
           Division 4 - Justice and Other Legislation Amendment Act 2008, part 17
   275.    Notices to witness
           Division 5 - Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010
   276.    Definitions for div 5
   277.    Particular amendments apply only to charges originated after commencement
   278.    Particular provisions apply to proceeding whenever commenced
   279.    Existing appointment as principal clerk of courts continues
           Division 6 - Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013
   280.    Application of provisions about use of video link facilities or audio link facilities
           Division 7 - Criminal Law Amendment Act 2014
   281.    Application of s 47
           Division 8 - Criminal Law Amendment Act 2017
   282.    Orders for particular complaints made before commencement to be heard together
   283.    Admissions of fact in hearings of complaints made before commencement