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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