JUSTICES ACT 1959
- Act 77 of 1959 - Royal Assent 23 December 1959Table of Provisions
Long TitlePART I - Preliminary
PART II -
. . . . . . . .- 4 Section 4
- 4A Section 4A
- 4B Section 4B
- 4C Section 4C
- 5 Section 5
- 6 Section 6
- 7 Section 7
- 8 Section 8
- 9 Section 9
- 10 Section 10
PART III -
. . . . . . . .PART IV - Clerks
- 16 Chief Clerk of Petty Sessions
- 16A Appointment of clerks, &c., of petty sessions
- 17 Clerks of petty sessions
- 17A Clerk of petty sessions to have care and custody of records of court
- 18 Deputy clerks of petty sessions, &c.
- 19 Magistrate may discharge duties of the clerk of petty sessions
- 19A Section 19A
PART V - Jurisdiction
- 20 Hearing of complaints
- 21 Decision of 2 or more justices
- 22 Powers of magistrates
- 23 Powers of single justice
- 23A Time and place of sitting, &c., unrestricted
- 23AB Approval and roster of justices who may constitute courts of summary jurisdiction, &c.
- 24 Summons or warrant not avoided by death, &c., of justice
- 25 Contempt
PART VI - General Procedure
- 26 Limitation on summary proceedings
- 27 Proceedings may be commenced by complaint
- 28 Complaint against several defendants
- 29 Only one matter of complaint: Procedure if otherwise
- 30 Statement of offences, &c.
- 31 Irregularities and amendments
- 32 Process on complaint
- 33 Apprehension of person summoned
- 34 Power of police officers, &c., to admit to bail
- 34A Procedure on arrest
- 35 Power of justice to admit person to bail
- 36 Section 36
- 36A Section 36A
- 36B Section 36B
- 37 Admission to courts of summary jurisdiction
- 37A Publication of accounts of certain proceedings
- 38 Representation of parties by counsel, &c.
- 39 Evidence: How taken
- 39A Appearance via audio or audio visual link
- 40 Prosecutor or complainant a competent witness
- 41 Justice may summon witnesses to attend and give evidence
- 42 Failure of witness to attend
- 43 Witness not answering
- 44 Production of documents before justices
- 45 Expenses of witnesses
- 46 Discharge of witness on recognizance
- 47 Place of committal when defendant on remand
- 48 Recognizances
- 49 Issue of warrant for non-appearance
- 50 Commitment
- 50A Justices' record
- 50B Adjournment of proceedings
- 50C Power to remand in certain cases
- 50D Vexatious litigants
- 50E Chief Clerk of Petty Sessions may make application under Vexatious Proceedings Act 2011
PART VII - Proceedings on Indictable Offences Division 1 -
Proceedings where indictment filed- 51 Certificate where indictment filed
- 52 Summons or warrant may be issued against person indicted
- 53 Committal
- 54 Detainer of prisoner in gaol
Division 2 - Examination and committal
- 55 Procedure when brought before justices
- 56 Duties during adjournment
- 56A Section 56A
- 57 Duty to provide further witness statements and summary of facts
- 57A Section 57A
- 58 Second appearance before justices for indictable offence: election and plea
- 59 Entering plea and making election
- 60 Committal of defendant to Supreme Court
Division 3 - Preliminary proceedings
- 61 Interpretation
- 62 Preliminary proceedings orders
- 63 Proceedings on preliminary proceedings order generally
- 64 Preliminary proceedings to be in closed court
- 65 Affected persons at preliminary proceedings
- 66 Attendance of defendant and witnesses and production of documents
- 67 Guidance on preliminary proceedings
- 68 Conclusion of preliminary proceedings
- 69 Defendant may be committed to Supreme Court
- 69A Prohibition on publishing preliminary proceedings
Division 4 - Miscellaneous
PART VIII - Crimes Triable Summarily
- 71 Petty crimes triable summarily
- 72 Other crimes triable summarily
- 72A Attempts triable summarily
- 72AB Perverting the course of justice triable summarily
- 72B Hearings under this Part
- 72C Limitation excluded
PART IX - Proceedings in Case of Simple Offences and Breaches of
Duty- 72D Summons and complaint evidence in certain cases
- 73 Accessories
- 74 Attempts
- 74A Procedure where defendant not represented
- 74B Procedure on adjournment
- 74BA Discharge after conviction
- 74C Section 74C
- 74D Section 74D
- 75 Section 75
- 76 Section 76
- 76A Section 76A
- 77 Costs
- 77A Amount of costs
- 78 Section 78
- 79 Section 79
- 80 Section 80
- 81 Section 81
- 82 Section 82
- 83 Section 83
- 84 Section 84
- 85 Section 85
- 85A Section 85A
- 86 Section 86
- 87 Commitment in other cases
- 88 Section 88
- 89 Section 89
- 90 Section 90
- 91 Section 91
- 92 Section 92
- 92A Section 92A
- 92B Section 92B
- 92C Section 92C
PART X - Surety of the Peace
- 93 Power to require surety
- 94 How application for surety of the peace is to be made
- 95 How application is to be heard
- 96 Complaint to be dismissed if preferred from malice only and without just cause of fear
- 97 If complaint reasonable defendant to be required to give security
- 98 Power of justice to order defendant to pay costs
- 99 Power of justice to commit defendant until he enters into the required recognizance
- 100 Right of complainant to require defendant to be bound over to keep the peace
- 101 Power to require convicted persons to give sureties of the peace in addition to or in lieu of punishment
- 102 Power of justices, upon sufficient cause, to require persons to give sureties of the peace where no complaint is made
- 103 Power to release persons imprisoned in default of finding sureties if complainant dies
- 104 Recognizances not to be discharged by release from complainant
- 105 How recognizances of the peace may be forfeited
- 106 Execution of forfeiture
PART XA - Restraint Orders
- 106A Interpretation of Part XA
- 106B Restraint orders
- 106BA Powers of justices to make family violence orders after restraint order applications made
- 106C Issue of warrants in respect of applications for restraint orders
- 106D Interim restraint orders
- 106DA Telephone interim restraint orders
- 106E Procedure in relation to hearing and determining applications under this Part
- 106EA When order takes effect
- 106F Powers of justices to remand in custody, admit to bail, &c.
- 106G Variation, extension, and revocation of restraint orders
- 106GA Application for registration of external restraint order
- 106GB Registration of external restraint order
- 106GC Effect of registration of external restraint order
- 106GD Variation, &c., of registered external restraint order
- 106GE Access order prevails if inconsistency
- 106H Costs
- 106I Contravention of restraint order, &c.
- 106J Power of justices to make orders under this Part at hearing of complaint for offence
- 106K Restriction of publication of names of parties, &c.
- 106L Power of police to enter certain premises
- 106M Rules for purposes of Part XA
- 106N Forms of application, restraint order, &c.
PART XI - Motions to Review, Appeals, and Similar Proceedings
Division 1 - Motions to review to the Supreme Court and hearings
de novo- 107 Summary mode of reviewing decisions of justices
- 108 Applicant limited to grounds to be stated in notice to review
- 109 Interlocutory proceedings
- 110 Powers of Supreme Court
- 111 Hearings de novo
- 112 Right of justices to show cause
- 113 Affidavits
Division 2 - Appeals to, and review by, magistrates
Division 3 - Stated case
- 114 Right of justices to state case
Division 4 - Rule to show cause
- 115 Rule to show cause and order thereon
Division 5 - General provisions
- 116 Interpretation
- 117 Limitation of this Part
- 117A Applications to justices for relief
- 118 Proceedings not to be quashed for want of form
- 119 Amendment of convictions, &c.
- 120 Want of complaint or summons
- 121 Distribution of penalty
- 121A Section 121A
- 122 Power of court or judge to admit to bail
- 123 Appeals to Full Court
- 123A Bail where appeal to Full Court
- 124 Rules of court
- 125 Costs on appeal
Division 6 -
. . . . . . . .PART XII - Protection of Justices in the Execution of Their Office
- 126 Action for act done within jurisdiction as a justice
- 127 Action for act done without or in excess of jurisdiction
- 128 No action maintainable for exercise of discretion, &c.
- 129 Setting aside of proceedings when prohibited action brought
- 130 Notice of action
- 131 Where action may be brought
- 132 Where plaintiff does not recover damages beyond amount tendered, judgment to be for defendant
- 133 Damages
- 134 Costs
PART XIII - Miscellaneous
- 135 Warrant not to be void for form only
- 136 Protection of defective or irregular execution
- 136A Recording of depositions and proceedings
- 137 Fees
- 138 Power to order delivery of possession of goods in custody of police officer
- 139 Prisoner to be present for statement under Evidence Act 2001
- 140 Section 140
- 140A Section 140A
- 140B Section 140B
- 141 Payment of fees
- 142 Accounts to be kept
- 143 Appropriation of penalties and fees
- 143A Savings provisions
- 144 Rules of court
- 145 Regulations
- 146 Transitional provision: rules and regulations
- 147 Transitional provisions consequent on Justices Amendment Act 2007 SCHEDULE 1 SCHEDULE 2 SCHEDULE 3
[ Note: This table has been automatically generated and may be incomplete. ]