Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 81A.01

Interpretation

    (1)     In this Chapter, unless the contrary intention appears:

"accused" means a person:

        (a)     who has been committed or remanded to the Court for trial or sentence or directed to be tried at the Court; or

        (b)     in respect of whom an indictment has been presented.

"appeal period" means the time for giving notice of appeal or notice of application for leave to appeal under section 417 of the Criminal Code and, if the time has been extended by the Court, includes that extension.

"court of trial" has the same meaning as in section 406(1) of the Criminal Code.

"criminal registrar" means the Sheriff and includes:

        (aa)     an Associate Judge; and

        (a)     the Registrar; and

        (b)     any other officer of the Court who has been assigned the duties of a criminal registrar by the Chief Justice.

"Director" means:

        (a)     the Director of Public Prosecutions for the Northern Territory within the meaning of the Director of Public Prosecutions Act 1990 ; or

        (b)     the Director of Public Prosecutions for the Commonwealth within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth,

as the case requires.

"legal aid agency" means an organisation, whether established by or under an Act or otherwise, the primary function of which is to provide legal assistance to persons free of charge, whether or not those persons actually make a payment in respect of that assistance.

"prison" has the same meaning as in section 5 of the Prisons (Correctional Services) Act 1980 .

"proper officer" means:

        (a)     in relation to a provision of an Act specified in subrule (2) – a person specified as the proper officer for the purposes of that provision; or

        (b)     in any other case – an officer of the Court who is authorised to:

            (i)     receive documents on behalf of the Court; or

            (ii)     do an act or thing for or on behalf of the Court, the doing of which is required for the purposes of or is referred to in this Chapter.

"trial" includes a plea hearing.

    (2)     The proper officer of the Court for the purposes of:

        (a)     sections 11(4)(b), 13(4)(b), 21, 25 and 96 of the Sentencing Act 1995 – is the Associate Judge, the Registrar or the Sheriff;

        (b)     section 43(8) of the Sentencing Act 1995 – is the associate to the Judge who made the order or the Sheriff;

        (c)     section 99(4) of the Sentencing Act 1995 – is the associate to the Judge who made the order;

        (d)     section 99(6)(a) and (b) and (7) of the Sentencing Act 1995 – is the Registrar or the Sheriff; and

        (e)     section 139 of the Local Court (Criminal Procedure) Act 1928 is the Registrar and any person employed in the Registry of the Court.



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