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 (Repealed)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PART 2 - (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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