Northern Territory Consolidated Acts
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LOCAL COURT (CRIMINAL PROCEDURE) ACT 1928
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. Short title
2. Commencement
4. Interpretation
5. Application of Act
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
26A. Power to require evidence from persons present in courtroom
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 etc.
PART IV--SUMMARY JURISDICTION
49. Complaint
50. How complaint to be made
51. Joinder of charges
52. Limitation of time for making complaint
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 issued
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 Court
60. Remand or discharge on bail
Subdivision 1--General matters
60AA. Definitions
60AB. Object of Division
60AC. Application of this Division
Subdivision 2--Pre-hearing procedure for offences
60AD. Prosecution's obligations after first mention
60AE. Contents of preliminary brief of evidence
60AF. Statement made by informant or prosecution
60AG. Defendant's disclosure requirements for evidence of an alibi
60AH. Purpose of directions hearing
60AI. Directions hearing
60AJ. Procedure for directions hearing
60AK. Orders at directions hearing
60AL. Prosecution or defendant may apply for matter to be considered
60AM. Defendant's disclosure requirements for expert evidence and objections
60AN. Defendant's disclosure requirements for subsequent evidence
60AO. Defendant's disclosure requirements – Court may make orders
60AP. Prosecution and defendant to confirm hearing
60AQ. Consequences of non-disclosure
60AR. Court may shorten or extend time
60AS. Prosecution's obligations in relation to disclosure not affected
Subdivision 3--Sentence indications
60AT. Sentence indication
60AU. Court to have regard to material for sentence indication
60AV. Court not bound by sentence indication
60AW. Court may withdraw sentence indication
60AX. Sentence indication not admissible
60AY. Sentence indication does not affect appeal rights
60AZ. Sentence indication and plea of guilty
60AZA. Sentence indication and no plea of guilty
60AZB. Sentence indication from one Judge only
60AZC. Constitution of Court to withdraw sentence indication, sentence or give later sentence indication
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 to adjourn hearing
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
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
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 V--INDICTABLE OFFENCES
Division 1A--Preliminary matters
100. Definitions
Division 1--Procedure to committal
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
105A. Preliminary examination to be conducted
105B. Youth and adult charged – joint preliminary examination
105C. Prosecutor to serve committal brief
105D. Content of committal brief
105E. Continuing obligation to update committal brief
105F. Requirements for witness statements and exhibits
105G. Defendant may apply for leave to cross-examine witness
105H. Leave to cross-examine witness
105J. Prosecution evidence
105K. Cross-examination of witness
105L. Protected witness cannot be called or examined
106A. Powers of Court to take plea of guilty without evidence
109. Procedure on completion of the evidence for the prosecution
110. Defendant may give evidence and call witnesses
112. Procedure on completion of examination
112A. Conduct of preliminary examination generally
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
Division 2--Certain indictable offences may be dealt with summarily
120. Property offences that may be dealt with summarily
121A. Offences that may be dealt with summarily
122A. Serious or difficult matters not to be dealt with summarily
124. JPs not having jurisdiction may remand for hearing before Judge
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
130B. Power of Court to order delivery of property
131. Transmission of documents to Supreme Court and evidentiary value
131A. Certain assault and harm offences may be dealt with summarily
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
139. Transmission of documents to Supreme Court
141. Withdrawal of plea and substitution of plea of not guilty
142. Supreme Court to sentence accordingly unless plea withdrawn
151. Effect of warrant of commitment
152. Evidence at trial if witness dead or ill
153. Deposition of person dangerously ill and unable to attend preliminary examination
154. Use of such deposition at trial
155. Person in custody may be present at taking of deposition
PART VI--APPEALS FROM LOCAL COURT
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
168. Release of appellant in custody
169. Duty to pursue appeal
170. After decision on appeal Court may enforce same
171. Appeal to be instituted within 28 days
172. Notice of appeals
173. Hearing of appeals
174. Convictions etc. to be transmitted to Supreme Court
175. Transmission of documents 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 etc.
186. Findings of guilt etc. not voidable for want of form
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
189. Definitions
190. Procedure on appearance of defendant
191. Procedure if failure to appear
192. Procedure on failure to appear after ineffective service
203. Regulations
PART VIII--TRANSITIONAL MATTERS
Division 1--Justice Legislation Amendment (Committals Reform) Act 2010
204. Application of amendments
Division 2--Criminal Code Amendment (Criminal Damage) Act 2011
205. Transitional matters for Criminal Code Amendment (Criminal Damage) Act 2011
Division 3--Justice Legislation Amendment (Summary Procedure) Act 2015
206. Definitions
207. Application of amending Act for charges
208. Application of amending Act for joined charges
Division 4--Transitional matters for Local Court (Repeals and Related Amendments) Act 2016
209. Offences that may be dealt with summarily
Division 5--Transitional matters for Personal Violence Restraining Orders Act 2016
210. Definitions
211. Continuation of existing orders
212. Continuation of existing proceedings
213. Continuation of existing documents
Division 6--Transitional matters for Local Court (Related Amendments) Act 2016
214. Appeal already commenced
Division 7--Transitional matters for Justice and Other Legislation Amendment Act 2021
215. Definitions
216. Awarding costs
217. Right of appeal
Division 8--Transitional matter for Criminal Code Amendment (Property Offences) Act 2022
218. Offences that may be dealt with summarily
ENDNOTES
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