Northern Territory Numbered Acts

LOCAL COURT (REPEALS AND RELATED AMENDMENTS) ACT 2016 (NO 9 OF 2016) - SECT 148

After section 11

insert

11A     Changes in constitution of Court during proceedings

    (1)     If, in a criminal proceeding, the defendant pleads guilty and the proceeding is adjourned before the making of sentencing submissions commences, after that adjournment:

    (a)     the Court need not be constituted by the same person or persons as when the plea was entered; but

    (b)     the Court must then be constituted by the same person or persons until the proceedings are determined.

    (2)     Further, if at any stage of a proceeding the person or one of the persons who constitutes the Court is unable to continue, the Court constituted by a different person or persons may continue to deal with the proceeding.

    (3)     The question whether a person is unable to continue is decided by the Chief Justice and the Chief Justice's decision is not liable to be challenged on any ground.

    (4)     This section does not limit the circumstances in which the Court may or may not be reconstituted during a proceeding.

    (5)     In this section, a person is unable to continue if the person:

    (a)     dies; or

    (b)     vacates office; or

    (c)     is, by reason of illness, injury or other cause, unable to continue dealing with the proceeding without unreasonable delay.