Local Court (Criminal Jurisdiction) Rules 1929 (NT)
NORTHERN TERRITORY OF AUSTRALIA
LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929
As in force at 20 November 2020
Table of provisions
1............... Short title.................................................................................................... 1
2............... Forms.......................................................................................................... 1
Schedule
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 20 November 2020
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LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929
Rules under the Local Court Act 2015
Short title
These Rules may be cited as the Local Court (Criminal Jurisdiction) Rules 1929.
Forms
The forms to be used under the Local Court Act 2005 are to be in accordance with the forms set out in the Schedule.
Schedule
FORM 1A
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 23
SUMMONS TO A WITNESS TO APPEAR ON COMPLAINT
To: of
(name) (address)
Whereas: of
(name) (address)
has made a complaint against
of for that he/she* on the day of , , at in the Northern Territory of Australia, did .
(nature of complaint)
And whereas I, the undersigned, a Local Court Judge/registrar/JP, am satisfied that you are likely to give material evidence upon behalf of the complainant (or defendant)*:
You are therefore hereby summoned to appear at in the Territory, on the day of , , at o'clock in the noon, before the Local Court, to testify what you know concerning the matter of the said complaint.
Dated the day of , .
Local Court Judge/registrar/JP*
PROOF OF SERVICE
I, of
(name) (address)
make oath and say that I did on the day of , between the hours of and in the noon, at in the Territory, duly serve the within-named with the within summons by delivering a duplicate thereof to him/her* personally [or by leaving a duplicate thereof for him/her* at his/her* last (or most usual) place of abode (or of business)* with some other person apparently an inmate thereof (or employed thereat)* and apparently not less than 16 years of age].
Made at [place] ________________ on [date] ________________
By [signature of deponent] _______________________________________
Witnessed by
Signature _______________________________________________
Justice of the peace / commissioner for oaths
Name _______________________________________________
Address or phone no.
*Delete if inapplicable.
FORM 1B
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 23
SUMMONS TO A WITNESS TO PRODUCE DOCUMENTS ON COMPLAINT
To of
(name) (address)
Whereas of
(name) (address)
has made a complaint against
(name)
of for that he/she
(address)
on the day of , ,
at in the Northern Territory of Australia, did .
(nature of complaint)
And whereas I, the undersigned, a Local Court Judge/registrar/JP, am satisfied that you are likely to have in your possession or power certain articles required for the purposes of evidence upon behalf of the complainant (or defendant)*:
You are therefore hereby summoned to appear at in the Territory, on the day of , , at o'clock in the noon, before the Local Court, to produce the following (describe precisely the articles to be produced):
Dated the day of , .
Local Court Judge/registrar/JP*
PROOF OF SERVICE
I, of
(name) (address)
make oath and say that I did on the day of , between the hours of and in the noon, at in the Territory, duly serve the within-named with the within summons by delivering a duplicate thereof to him/her* personally [or by leaving a duplicate thereof for him/her* at his/her* last (or most usual) place of abode (or of business)* with some other person apparently an inmate thereof (or employed thereat)* and apparently not less than 16 years of age].
Made at [place] ________________ on [date] ________________
By [signature of deponent] _______________________________________
Witnessed by
Signature _______________________________________________
Justice of the peace / commissioner for oaths
Name _______________________________________________
Address or phone no.
*Delete if inapplicable.
FORM 2A
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 23
SUMMONS TO A WITNESS TO APPEAR ON INFORMATION
To of
(name) (address)
Whereas of
(name) (address)
has laid an information against
(name)
of for that he/she*
(address)
on the day of , ,
at in the Northern Territory of Australia, did .
(nature of information)
And whereas I, the undersigned, a Local Court Judge/registrar/JP, am satisfied that you are likely to give material evidence upon behalf of the informant (or defendant)*:
You are therefore hereby summoned to appear at in the Territory, on the day of , , at o'clock in the noon, before the Local Court, to testify what you know concerning the matter of the said information.
Dated the day of , ,
Local Court Judge/registrar/JP*
PROOF OF SERVICE
I, of
(name) (address)
make oath and say that I did on the day of , between the hours of and in the noon, at in the Territory, duly serve the within-named with the within summons by delivering a duplicate thereof to him/her* personally [or by leaving a duplicate thereof for him/her* at his/her* last (or most usual) place of abode (or of business)* with some other person apparently an inmate thereof (or employed thereat)* and apparently not less than 16 years of age].
Made at [place] ________________ on [date] ________________
By [signature of deponent] _______________________________________
Witnessed by
Signature _______________________________________________
Justice of the peace / commissioner for oaths
Name _______________________________________________
Address or phone no.
*Delete if inapplicable.
FORM 2B
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 23
SUMMONS TO A WITNESS TO PRODUCE DOCUMENTS ON INFORMATION
To of
(name) (address)
Whereas of
(name) (address)
has laid an information against
(name)
of for that he/she*
(address)
on the day of , ,
at in the Northern Territory of Australia, did .
(nature of information)
And whereas I, the undersigned, a Local Court Judge/registrar/JP, am satisfied that you are likely to have in your possession or power certain articles required for the purposes of evidence upon behalf of the informant (or defendant)*:
You are therefore hereby summoned to appear at in the Territory, on the day of , ,
at o'clock in the noon, before the Local Court, to produce the following (describe precisely the articles to be produced):
Dated the day of , ,
Local Court Judge/registrar/JP*
PROOF OF SERVICE
I, of
(name) (address)
make oath and say that I did on the day of , , between the hours of and in the noon, at in the Territory, duly serve the within-named with the within summons by delivering a duplicate thereof to him/her* personally [or by leaving a duplicate thereof for him/her* at his/her* last (or most usual) place of abode (or of business)* with some other person apparently an inmate thereof (or employed thereat)* and apparently not less than 16 years of age].
Made at [place] ________________ on [date] ________________
By [signature of deponent] _______________________________________
Witnessed by
Signature _______________________________________________
Justice of the peace / commissioner for oaths
Name _______________________________________________
Address or phone no.
*Delete if inapplicable.
FORM 5
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 25
WARRANT FOR A WITNESS IN THE FIRST INSTANCE
To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia.
Whereas of has made a complaint against of for that he/she on the day of , , at in the Northern Territory of Australia, did .
And whereas I am satisfied by the oath of of , that of is likely to give material evidence (or to have in his/her possession or power certain articles required for the purposes of evidence) upon behalf of the complainant (or defendant), and that it is probable that he/she will not attend to give evidence or to produce any article without being compelled to do so:
You are therefore hereby commanded to bring him/her before the Local Court at on day, the day of , , at the hour of o'clock in the noon, to testify what he/she knows concerning the said complaint [or (and) to produce such books, plans, papers, documents, articles, goods, and things likely to be material evidence on the hearing of the said complaint (and especially )].
Dated the day of , at , in the Northern Territory of Australia.
Local Court Judge
FORM 6
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 25
WARRANT FOR A WITNESS IN THE FIRST INSTANCE
To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia.
Whereas of has laid an information against of for that he/she on the day of , , at in the Northern Territory of Australia, did .
And whereas I am satisfied by the oath of of , that of is likely to give material evidence (or to have in his/her possession or power certain articles required for the purposes of evidence) upon behalf of the informant (or defendant), and that it is probable that he/she will not attend to give evidence or to produce any article without being compelled to do so:
You are therefore hereby commanded to bring him/her before the Local Court at on day, the day of , , at the hour of o'clock in the noon, to testify what he/she knows concerning the said information [or (and) to produce all books, plans, papers, documents, articles, goods, and things likely to be material evidence on the hearing of the said information (and especially )].
Dated the day of , at , in the said Territory.
Local Court Judge
FORM 13
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 49
COMPLAINT
Defendant's Address Complainant's Address
The complaint of of
taken this day of , , before the undersigned, a justice of the peace, who (upon oath) states that of on the day of , , at in the Northern Territory of Australia, did
Taken on oath before me, the day and year first above-mentioned at in the said Territory.
Justice of the peace
FORM 14
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 22, 57 and 104
SUMMONS TO ATTEND COURT
Defendant's details
Full name:
Address:
DOB:
Offence details [including date and reference to the section of the law creating the offence]:
Complainant's details
Full name:
Address:
Hearing details
Registry of Local Court: | Date: |
Address: | Time: |
| .............................. Judge/Registrar/Justice of the Peace | .................................. Date |
IMPORTANT NOTICE TO DEFENDANT
If you do not attend the Local Court on the hearing date mentioned above to answer the charge or on any day that the matter is adjourned the Court may:
(a)proceed in your absence; or
(b) issue a warrant for your arrest.
PROOF OF SERVICE
Name of person serving:
Address of person serving:
Name of person served (defendant):
Address at which service effected:
Date service effected:
Time of day:
Method of service [tick box]:
ðpersonally;
ðby leaving a copy for the defendant at the defendant's last-known place of residence with a person who is apparently a resident at that place and who appears to be 16 years of age or older;
ðby leaving it for the defendant at the defendant's last-known place of business with a person who is apparently an employee at that place and who appears to be 16 years of age or older.
I certify that I served a copy of this summons on the defendant in the manner described.
| Signature: Name: Witness signature: Witness name: | Date: Date: |
INFORMATION FOR DEFENDANT
Attending Court
It is recommended that you get legal advice about your rights as soon as you receive this summons. If you do not have a lawyer, you can get legal advice from a legal aid agency. You can find more information about going to the Local Court at you have a physical impairment or you need an interpreter, you should contact the Local Court listed in this summons as soon as you can. You can find contact details at
FORM 14A
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 22 and 57A
SUMMONS TO ATTEND COURT
Defendant's details
Full name:
Address:
DOB:
Offence details [including date and reference to the section of the law creating the offence]:
Complainant's details
Full name:
Address:
Hearing details
Registry of Local Court: | Date: |
Address: | Time: |
| .............................. Judge/Registrar/Justice of the Peace | .................................. Date |
IMPORTANT NOTICE TO DEFENDANT
You must either:
(a)attend the Local Court on the hearing date mentioned above to answer the charge; or
(b)fill out the endorsement below and have it witnessed by a Justice of the Peace, Solicitor or police officer and deliver it in person or by post to one of the following places at least 3 days before the hearing date mentioned above:
(i)the address of the Local Court listed above;
(ii)a police station that is within 80 km of that Local Court.
ENDORSEMENT
I [defendant's name] have read and understood the charge against me specified in the attached summons. I plead guilty to the charge.
I offer the following explanation for the acts alleged in the summons to be an offence:
| Signature: Name: Witness signature: Witness name: | Date: Date: |
PROOF OF SERVICE
Name of person serving:
Address of person serving:
Name of person served (defendant):
Address at which service effected:
Date service effected:
Time of day:
Method of service [tick box]:
ðpersonally;
ðby leaving a copy for the defendant at the defendant's last-known place of residence with a person who is apparently a resident at that place and who appears to be 16 years of age or older;
ðby leaving it for the defendant at the defendant's last-known place of business with a person who is apparently an employee at that place and who appears to be 16 years of age or older.
I certify that I served a copy of this summons on the defendant in the manner described.
| Signature: Name: Witness signature: Witness name: | Date: Date: |
INFORMATION FOR DEFENDANT
Attending Court
It is recommended that you get legal advice about your rights as soon as you receive this summons. If you do not have a lawyer, you can get legal advice from a legal aid agency. You can find more information about going to the Local Court at you have a physical impairment or you need an interpreter, you should contact the Local Court listed in this summons as soon as you can. You can find contact details at
Pleading Guilty in Writing
If you choose to fill out the endorsement rather than attend the Local Court, the endorsement must be returned to the Local Court at least 3 days before the date you are supposed to attend the Local Court.
The Judge does not have to accept the written guilty plea. The Judge may choose to reject your guilty plea if the Judge thinks:
(a) a punishment other than a fine is appropriate; or
(b) that you do not understand the consequences of pleading guilty; or
(c) you should answer the charge in the Local Court.
When you send the endorsement you can also include other documents for the Judge to take into account when the Judge sentences you. For example, you can include a character reference or financial records that show why it might be difficult for you to pay a fine.
FORM 15
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 20, 58
WARRANT TO APPREHEND A PERSON ON COMPLAINT
To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia.
Complaint on oath was made this day (or on the day of , ), by of that of
(hereunder called the defendant) on the day of , , at in the Northern Territory of Australia did .
You are therefore, hereby commanded to apprehend the defendant and to bring him/her before the Local Court at
forthwith (or on day, the day of , , at the hour of o'clock in the noon), to answer the said charge contained in the said complaint, and to be further dealt with according to law.
Dated the day of , at , in the said Territory.
Local Court
FORM 16
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 60, 112
WARRANT OF COMMITMENT
To , and to all other Constables of the Northern Territory of Australia and to the Keeper of the Gaol at in the Northern Territory of Australia.
Whereas of
(hereinafter called the defendant) was this day charged before the Local Court, on the oath of , of
for that on the day of , , at in the said Territory he/she did .
These are therefore to command you, the said Constables, to take the defendant and safely convey him/her to the Gaol at aforesaid, and there deliver him/her to the Keeper thereof, together with this warrant; And to command you, the said Keeper of the said Gaol, to receive the said defendant into your custody in the said Gaol, and there safely to keep him/her until he/she shall be thence delivered by due course of law.
Dated the day of , at , in the said Territory.
Local Court
FORM 17
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 60
WARRANT OF COMMITTAL OR SAFE CUSTODY DURING ADJOURNMENT OF HEARING
To , Constable and to each and all of the Constables and Peace Officers of the Northern Territory of Australia and to the Keeper of the Common Gaol at in the Northern Territory of Australia.
Whereas of
(hereinafter called the defendant), was this day brought before the Local Court, charged for that on the day of , , at in the said Territory he/she did .
And whereas, the hearing of the case being adjourned, it appears to the Court to be necessary to remand the defendant:
You the said Constables, are therefore hereby commanded to convey the defendant to the said Gaol, and there to deliver him/her to the Keeper thereof, together with this warrant, and you, the Keeper of the said Gaol, are hereby commanded to receive him/her into your custody, and, unless he/she shall have been bailed in the meantime, to keep him/her until the day of , , and on that day to bring him/her up before the Local Court at at the hour of o'clock in the noon, to be further dealt with according to law, unless you the said Keeper shall be otherwise ordered in the meantime.
Dated the day of .
Local Court
FORM 19
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 62
WARRANT WHEN THE SUMMONS IS DISOBEYED
To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia.
Whereas complaint (on oath ) was made this day (or on the day of , ) by of
that of (hereinafter called the defendant), on the day of , , at in the Northern Territory of Australia did .
And whereas the defendant was thereupon summoned to appear before the Local Court sitting at in the said Territory on day, the day of , , at the hour of o'clock in the noon, to answer the said charge:
And whereas oath has been made that the defendant was duly served with the summons, but did not appear, and that such complaint is true.
You are therefore hereby commanded to apprehend the defendant and to bring him/her before the Local Court at forthwith (or on day, the day of , , at the hour of o'clock in the noon), to answer the charge contained in the said complaint, and to be further dealt with according to law.
Dated the day of , at in the said Territory.
Local Court
FORM 21
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 71, 72, &c.
ORDER OF DISMISSAL OF A COMPLAINT
Be it remembered that, on the day of , , complaint was duly made by of , (hereinafter called the complainant), for that of , (hereinafter called the defendant) did on the day of , , at , in the Northern Territory of Australia,
Now on this day, to wit, on the day of , , at , in the said Territory, the Local Court having heard the said complaint, dismisses the complaint and orders that the complainant do pay to the defendant the sum of for his/her costs incurred by him/her in his defence in this behalf; and if the said sum for costs be not paid immediately that the same be levied by distress and sale of the goods and chattels of the complainant, and in default of sufficiency of distress in that behalf that the complainant to be imprisoned in the at in the said Territory, for the space of unless the said sum for costs, and all costs and charges of the said distress, shall be sooner paid.
Dated the day of , at , in the said Territory.
Local Court
FORM 22
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 71
CERTIFICATE OF DISMISSAL
The Local Court hereby certifies that a complaint made by of , against of
for that on the day of , at in the Northern Territory of Australia, he/she did
was this day heard by the Court and was dismissed.
Dated this day of , .
Local Court
FORM 28
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 72, 77, &c.
ORDER FOR ANY MATTER WHERE THE DISOBEYING OF IT IS PUNISHABLE WITH IMPRISONMENT
Be it remembered that, on the day of , , complaint was duly made by , of , (hereinafter called the complainant), for that of , (hereinafter called the defendant), did on the day of , , at
in the Northern Territory of Australia,
Now on this day, to wit, on the day of , , at , in the said Territory, the Local Court, having heard the matter of the said complaint, adjudges the defendant to (here set out adjudication shortly) and if upon a copy of a minute of this order being served upon the defendant, either personally or by leaving the same for him at his last or most usual place of abode, he shall neglect or refuse to obey the same, in that case the Court adjudges the defendant for such disobedience to be imprisoned in the at for the space of , and also adjudges the defendant to pay to the complainant the sum of for his costs in this behalf; and if the said sum for costs be not paid immediately the Court orders the same to be levied by distress and sale of the goods and chattels of the defendant unless the said sum and costs shall be sooner paid.
Dated the day of , at , in the said Territory.
Local Court
FORM 38
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 101
INFORMATION FOR AN INDICTABLE OFFENCE
Defendant's Address:
Informant's Address:
The information of of
taken this day of , , before the undersigned, justice of the peace, who (upon oath) states that of on the day of , , at in the Northern Territory of Australia, did
Taken on oath before me, the day and year first above-mentioned at in the said Territory.
Justice of the peace
FORM 39
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 20, 103
WARRANT TO APPREHEND A PERSON CHARGED WITH AN INDICTABLE OFFENCE
To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia.
Information on oath was laid this day (or on the day of , ) by of
that of
(hereinafter called the defendant), on the day of , , at in the Northern Territory of Australia did
You are therefore hereby commanded to apprehend the defendant and to bring him/her before the Local Court, at forthwith (or on day, the day of , , at the hour of o'clock in the noon), to answer the said charge contained in the said information, and to be further dealt with according to law.
Dated the day of , at in the said Territory.
Local Court Judge
FORM 40
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 22, 104
SUMMONS TO A PERSON CHARGED WITH AN INDICTABLE OFFENCE
To of
Whereas you have this day been charged by
of before the Local Court, for that on the day of , at in the Northern Territory of Australia you did
These are therefore to command you to be and appear on day the day of , , at o'clock in the noon, at in the said Territory before the Local Court, to answer the said charge, and to be further dealt with according to law.
Dated this day of , at , in the said Territory.
Local Court Judge/registrar/JP
PROOF OF SERVICE
I, of
make oath and say that I did on the day of , between the hours of and o'clock in the noon, at
in the said Territory, duly serve the within-named defendant with the within summons by delivering a duplicate to him/her personally [or by leaving a duplicate thereof for him/her at his/her last (or most usual) place of abode (or of business) with some other person apparently an inmate thereof (or employed thereat) and apparently not less than 16 years of age].
Made at [place] ________________ on [date] ________________
By [signature of deponent] _______________________________________
Witnessed by
Signature _______________________________________________
Justice of the peace / commissioner for oaths
Name _______________________________________________
Address or phone no.
FORM 41
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 105
WARRANT WHEN A SUMMONS IS DISOBEYED
To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia.
Whereas information (on oath) was laid this day (or on the day of , ) by of
that of (hereinafter called the defendant), on the day of , , at in the Northern Territory of Australia, did
And whereas the defendant was thereupon summoned to appear before the Local Court at
in the said Territory on day, the day of , at the hour of o'clock in the noon to answer the said charge:
And whereas oath has been made that the defendant was duly served with the summons, but did not appear, and that such information is true.
You are therefore hereby commanded to apprehend the defendant and to bring him before the Local Court, at forthwith (or on day, the day of , , at the hour of o'clock in the noon), to answer the charge contained in the said information, and to be further dealt with according to law.
Dated the day of , at , in the said Territory.
Local Court
FORM 42
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 105D
NOTICE OF PRELIMINARY EXAMINATION
In the Local Court, Northern Territory
To [name and address of accused] _______________________________________________
You have been charged with [details of offence(s)]________________________
There will now be a preliminary examination in relation to the charge(s).
It will be held at the Local Court at [address of Court]_____________________
There will be a mention hearing on ___/___/__ at ________ am/pm.
You must attend the Local Court for this hearing.
The Judge will then set the date for the preliminary examination.
Information about a preliminary examination
What is a preliminary examination?
A preliminary examination is a court proceeding in which a Local Court Judge reviews the evidence against you and decides whether there is sufficient evidence to send you for trial in the Supreme Court.
The evidence
The evidence against you is contained in the committal brief you have been given with this notice. The brief also includes:
a list of prosecution witnesses and copies or recordings of their statements; and
a list of any other prosecution evidence (i.e. documents or other things) and copies or a description or picture of them.
If the prosecution wants the Judge to hear from other witnesses, or has other evidence, it must give you another list and copies of witness statements or the evidence.
These witness statements and any other listed evidence is the evidence that the Judge may consider at the preliminary examination.
Questioning the witnesses
If you (or your lawyer) want to question any of the prosecution's witnesses, you must get permission from the Judge to do so.
When you have decided whether you want to question any of the witnesses, you must fill in the Notice in Relation to Witnesses form. (If you have a lawyer, he or she will have this form. If not, you can get one from the Court.) When you attend Court for the mention hearing, you must give the form to the Judge.
If the prosecution agrees to the questioning, the Judge will usually give permission. If the prosecution does not agree to the questioning, the Judge may give permission if the Judge believes there is a good reason for you to question the witness. However, the Judge does not have to give permission.
[The following sentence is to be included only if the accused is charged with a sexual offence.]
Also, you will not be allowed to question the alleged victim or any witnesses who are children.
[The following sentence is to be included only if the accused is charged with a serious violence offence that is not a sexual offence.]
Also, you will not be allowed to question any witnesses who are children.
What happens at the preliminary examination?
At the preliminary examination the Judge will read each witness' statement and treat it the same as if the witness had given evidence in person. The Judge may allow the witness to appear in Court and give extra evidence, but only if there is a good reason.
If you have been given permission to question the witness, the witness must attend Court and you (or your lawyer) will be allowed to question the witness. However, the Judge will control what you can question the witness about.
The Judge may allow the prosecution to call witnesses who are not on the list in the committal brief, or to give other evidence, but only if there is a very good reason.
If you wish to do so, you can give evidence at the preliminary examination and call your own witnesses. If you do, you and your witnesses can be questioned by the prosecutor and the Judge.
After considering all the evidence, the Judge will decide whether there is enough evidence to send you for trial in the Supreme Court.
Where to get more information
If you have a lawyer, he or she will be able to advise you about the procedure for a preliminary examination and what you should do now.
If you do not have a lawyer, it is recommended that you seek advice from the NT Legal Aid Commission, the North Australian Aboriginal Justice Agency (NAAJA) or the Central Australian Aboriginal Legal Aid Service (CAALAS).
If you choose to represent yourself, you should read and make sure you understand Part V, Division 1A of the Local Court (Criminal Procedure) Act 1928 and the Court's Practice Directions which give more details about the Court's procedures.
FORM 44
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 113, 124
WARRANT REMANDING A PERSON CHARGED WITH AN INDICTABLE OFFENCE
To and to each and all of the Constables of the Northern Territory of Australia and to the Keeper of the in the Northern Territory of Australia.
Whereas of (hereinafter called the defendant) was this day brought before the Local Court, upon an information charging him/her for that on the day of , , at in the Northern Territory of Australia, he/she did
And whereas it appears to the Court to be necessary to remand the defendant:
You, the said Constables, are therefore hereby commanded to convey the defendant to the said Prison and there to deliver him/her to the Keeper thereof, together with this warrant, and you, the Keeper of the said Prison, are hereby commanded to receive him/her into your custody, and, unless he/she shall have been bailed in the meantime, to keep him/her until the day of , , and on that day to have him/her at , at the hour of o'clock in the noon, before the Local Court, to be further dealt with according to law, unless you, the said Keeper, shall be otherwise ordered in the meantime.
Dated the day of , at , in the said Territory.
Local Court
FORM 49
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 128
ORDER DISMISSING A CHARGE OF INDICTABLE OFFENCE HEARD AND DETERMINED SUMMARILY
Be it remembered that, on the day of
, of (hereinafter called the defendant) was charged before the Local Court for that on the day of , at in the Northern Territory of Australia, he/she did
And the Local Court having summarily adjudicated thereon, dismissed the said charge.
Dated this day of , at in the said Territory.
Local Court
FORM 50
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 128
CERTIFICATE OF DISMISSAL OF A CHARGE OF INDICTABLE OFFENCE HEARD AND DETERMINED SUMMARILY
The Local Court certifies that on the day of , at , in the Northern Territory of Australia,
of (hereinafter called the defendant) was charged before the Court for that on the day of , at in the said Territory, he/she did
and the Court, having summarily adjudicated thereon, dismissed the said charge.
Dated this day of , at , in the said Territory.
Local Court
FORM 52
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 136
WARRANT OF COMMITTAL FOR SENTENCE
To , and to each and all of the Constables of the Northern Territory of Australia, and to the Keeper of the Gaol at in the Northern Territory of Australia.
Whereas of (hereinafter called the defendant) was this day charged before the Local Court, on the oath of of
for that on the day of , at in the said Territory, he/she did
And whereas the defendant has pleaded guilty to the said charge:
These are, therefore, to command you, the said Constables, to take the defendant and him/her safely convey to the Gaol aforesaid, and there to deliver him/her to the Keeper thereof, together with this warrant: And to command you, the said Keeper of the said Gaol, to receive the defendant into your custody in the said Gaol to appear for sentence before the Supreme Court, to be held at in the said Territory, or at such other place as may hereafter be ordered by a Supreme Court Judge, and in the meantime to safely keep him/her in such Gaol.
Dated this day of , at in the said Territory.
Local Court
FORM 53
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 136
COMMITTAL FOR SENTENCE
of (hereinafter called the defendant) stands charged before the Local Court, for that on day of , , at in the Northern Territory of Australia, he did
and the examination of all the witnesses on the part of the prosecution having been completed and thereupon the defendant being asked whether he wishes to plead to the said charge and the defendant signifying a desire to do so, and the said charge being read to him, and the defendant, having been asked, "Are you guilty or not guilty of the offence with which you are charged?" the defendant thereupon pleads guilty, and now the Court admits the defendant to bail (or commits the defendant to the Gaol at , in the said Territory) to appear for the sentence before the Supreme Court, to be held at in the said Territory, or at such other place as may hereafter be ordered by a Supreme Court Judge.
Dated the day of , at in the said Territory.
Local Court
FORM 58
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 153
DEPOSITION OF WITNESS DANGEROUSLY ILL AND NOT LIKELY TO RECOVER
The examination and deposition of
of (hereinafter called the witness) taken on oath this day of , at in the Northern Territory of Australia, before the undersigned, a Local Court Judge/registrar/JP, it having been made to appear to my satisfaction that the witness is dangerously ill and is, in the opinion of of , in the said Territory, a legally qualified medical practitioner, not likely to recover from such illness, and that the witness is able and willing to give material information relating to a certain indictable offence, namely, the offence of (or relating to of , who is accused of a certain indictable offence, namely, the offence of and that it is not practicable for the Local Court to take the deposition of the witness at the preliminary examination of such person so accused).
The witness on his/her oath says as follows:
The above deposition of the witness was taken on oath before me at in the said Territory, on the day and year first above-mentioned, the following persons being present at the taking thereof:
Local Court Judge/registrar/JP
FORM 59
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 154, 155
NOTICE OF INTENTION TO TAKE DEPOSITION OF WITNESS DANGEROUSLY ILL AND NOT LIKELY TO RECOVER
To of
I, of
hereby give you notice that a Local Court Judge/registrar/JP, intends on day the day of , , at , in the Northern Territory of Australia, to take the statement of of ,who is dangerously ill and is, in the opinion of a certain legally qualified medical practitioner, not likely to recover from such illness, and who is alleged to be able and willing to give material information relating to a certain indictable offence, namely, the offence of (or relating to you being a person accused of a certain indictable offence, namely, the offence of , it not being practicable for the Local Court to take the statement of the said at the preliminary examination of you the said accused).
Dated this day of .
FORM 60
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 155
ORDER TO CONVEY A PRISONER TO PLACE OF TAKING DEPOSITION OF A WITNESS DANGEROUSLY ILL
To the Keeper of the Gaol at in the Northern Territory of Australia.
Whereas it appears to the Local Court that now in your custody (under the Court's commitment) has duly served (or has received from ) a notice pursuant to the Local Court (Criminal Procedure) Act 1928, that a Local Court Judge/registrar/JP intends [As in Form 59]
Now the Local Court directs you to convey the said to the place mentioned in the said notice, for the purpose of being present at the taking of the statement of the said
Dated the day of , .
Local Court
FORM 61
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
section 162
SPECIAL CASE STATED BY LOCAL COURT
In the Local Court at
Between informant (or complainant) and defendant.
Special case stated by the Local Court reserving questions of law for the consideration of the Supreme Court of the Northern Territory, pursuant to section 162 of the Local Court (Criminal Procedure) Act 1928.
I. The above-named informant laid an information (or complainant made a complaint) against the above-named defendant for that the said defendant did on the day of , , at , in the Northern Territory of Australia.
II. The said information (or complaint) came on for hearing before the Local Court on the day of , , and the result of such hearing was as follows:
III. At the said hearing the following facts were either proved, or admitted by the parties:
1.
2.
3.
4.
5.
6.
IV. Upon these facts the Local Court found that
V. On the part of the informant (or complainant) it was contended that
VI. On the part of the defendant it was contended that
VII. The Local Court is of opinion in point of law that
VIII. The question of law upon which this case is stated for the opinion of the Supreme Court is whether
IX. For the information of the Supreme Court a copy of the evidence taken upon the hearing of the said information (or complaint) is attached hereto.
Dated the day of , at in the said Territory.
Local Court
FORM 63
NORTHERN TERRITORY OF AUSTRALIA
Local Court (Criminal Procedure) Act 1928
sections 171, 172
NOTICE OF APPEAL
In the matter of a conviction, finding of guilt (or order or adjudication) made on the day of , , by the Local Court at , in the Northern Territory of Australia, on the hearing of a certain information (or complaint) wherein , of , was informant (or complainant), and , of , as defendant.
To the Local Court
Take notice that of
intends to institute and duly prosecute an appeal and hereby appeals to the Supreme Court of the Northern Territory against a certain conviction, finding of guilt (or order or adjudication) made on the day of , , by the Local Court at in the said Territory in which the Local Court [Here set out the conviction, finding of guilt or order or adjudication]
And take notice that the appellant intends to institute and duly prosecute the appeal at the sittings of that Supreme Court which will, in accordance with the rules of that Supreme Court, if practicable commence at Darwin [or Alice Springs] on a day which is the first day after the expiration of 21 days from the service of this notice on which sittings of that Supreme Court for hearing appeals under the Local Court (Criminal Procedure) Act 1928 have been set down to commence.
And take notice that the grounds of such appeal are
Dated this day of , .
Appellant.
ENDNOTES
KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
LIST OF LEGISLATION
| Justices Regulations (SL No. –, 1929) | |
| Notified | 18 April 1929 |
| Commenced | 1 August 1929 (Cth Gaz, 18 April 1929) |
| Amendment of the Justices Regulations (SL No. –, 1939) | |
| Notified | 1 September 1939 |
| Commenced | 1 September 1939 |
| Amendment of the Justices Regulations (SL No. 7, 1959) | |
| Notified | 30 December 1959 |
| Commenced | 30 December 1959 |
| Amendments of the Justices Regulations (SL No. 9, 1959) | |
| Notified | 11 December 1959 |
| Commenced | 11 December 1959 |
| Amendments of the Justices Regulations (SL No. 10, 1963) | |
| Notified | 3 June 1963 |
| Commenced | 3 June 1963 |
| Amendments of the Justices Regulations (SL No. 4, 1965) | |
| Notified | 21 April 1965 |
| Commenced | 21 April 1965 |
| Ordinances Revision Ordinance 1973 (Act No. 87, 1973) | |
| Assent date | 11 December 1973 |
| Commenced | 11 December 1973 |
| Amendments of the Justices Regulations (SL No. 4, 1974) | |
| Notified | 28 March 1974 |
| Commenced | 16 May 1974 (r 1, s 3 Justices Ordinance (No. 3) 1973 (Act No. 86, 1973) and Gaz No. 20, 16 May 1974, p 239) |
| Amendment of the Justices Regulations (SL No. 23, 1984) | |
| Notified | 30 May 1984 |
| Commenced | 30 May 1984 |
| Amendment of the Justices Regulations (SL No. 46, 1984) | |
| Notified | 22 August 1984 |
| Commenced | 5 September 1984 (r 1) |
| Amendment of the Justices Regulations (SL No. 21, 1989) | |
| Notified | 9 August 1989 |
| Commenced | 30 October 1989 (r 1, s 2 Justices Amendment Act 1989 (Act No. 7, 1989) and Gaz S61, 27 October 1989) |
| Amendments of Justices Regulations (SL No. 52, 1991) | |
| Notified | 1 November 1991 |
| Commenced | 1 January 1992 (r 1, s 2 Justices Amendment Act 1991 (Act No. 40, 1991) and Gaz S58, 1 November 1991) |
| Amendments of Justices Regulations (SL No. 73, 1991) | |
| Notified | 20 December 1991 |
| Commenced | 1 January 1992 (r 1) [rep Act No. 46, 1992, s 12(2)] |
| Statute Law Revision Act 1992 (Act No. 46, 1992) | |
| Assent date | 7 September 1992 |
| Commenced | 7 September 1992 |
| Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) | |
| Assent date | 30 June 1993 |
| Commenced | 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) |
| Amendments of Justices Regulations (SL No. 9, 1994) | |
| Notified | 13 April 1994 |
| Commenced | 13 April 1994 |
| Amendment of Justices Regulations (SL No. 22, 1996) | |
| Notified | 12 June 1996 |
| Commenced | 12 June 1996 |
| Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60, 2001) | |
| Assent date | 11 December 2001 |
| Commenced | 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery) Act 2001 (Act No. 59, 2001) and Gaz G50, 19 December 2001, p 3) |
| Evidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32, 2006) | |
| Assent date | 3 November 2006 |
| Commenced | 3 November 2006 |
| Courts Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 36, 2006) | |
| Notified | 8 November 2006 |
| Commenced | 8 November 2006 |
| Domestic and Family Violence Act 2007 (Act No. 34, 2007) | |
| Assent date | 12 December 2007 |
| Commenced | 1 July 2008 (Gaz G25, 25 June 2008, p 4) |
| Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) | |
| Assent date | 18 November 2010 |
| Commenced | 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) |
| Justices Amendment Regulations 2011 (SL No. 15, 2011) | |
| Notified | 18 May 2011 |
| Commenced | 18 May 2011 |
| Fees and Charges (Attorney-General and Justice Portfolio) Amendment Regulations 2013 (SL No. 27, 2013) | |
| Notified | 28 June 2013 |
| Commenced | 1 July 2013 (r 2) |
| Justices Amendment Regulations 2016 (SL No. 14, 2016) | |
| Notified | 29 April 2016 |
| Commenced | 30 April 2016 (r 2) |
| Local Court (Criminal Jurisdiction) Amendment Rules 2016 (SL No. 18, 2016) | |
| Notified | 16 May 2016 |
| Commenced | 16 May 2016 |
| Local Court (Criminal Jurisdiction) Amendment Rules 2020 (SL No. 15, 2020) | |
| Notified | 24 June 2020 |
| Commenced | 24 June 2020 |
| Statute Law Revision Act 2020 (Act No. 26, 2020) | |
| Assent date | 19 November 2020 |
| Commenced | 20 November 2020 (s 2) |
GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the list of amendments to this reprint) are made by section 11 of the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following provisions: rr 2, 3, 4, 5 and Sch.
GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 2 and Sch.
LIST OF AMENDMENTS
ltamd No. 18, 2016, r 4
rr 1 – 2amd No. 18, 2016, r 4
r 3rep No. 14, 2016, r 4
r 4ins No. 9, 1959, r 1
rep Act No. 46, 1992, s 12(1)
r 5ins No. 10, 1963, r 1
amd No. 4, 1965, r 1
rep No. 14, 2016, r 4
r 6ins No. 23, 1984
amd No. 9, 1994, r 1; No. 36, 2006, r 7; Act No. 34, 2007, s 146; No. 27, 2013, r 11
rep No. 14, 2016, r 4
r 7ins No. 23, 1984
rep No. 14, 2016, r 4
r 8ins No. 23, 1984
amd Act No. 28, 1993, s 3(2)
rep No. 14, 2016, r 4
r 9ins No. 23, 1984
rep No. 14, 2016, r 4
rr 10 – 13ins No. 21, 1989, r 2
rep No. 9, 1994, r 2
r 14ins Act No. 46, 1992, s 12(3)
rep No. 14, 2016, r 4
schamd No. – , 1939, rr 1, 2, 3 and 4; No. 7, 1959; No. 9, 1959, r 2; No. 10, 1963, r 2; No. 4, 1965, r 2; No. 4, 1974, rr 3, 4 and 5; No. 46, 1984, r 2; No. 21, 1989, r 3; No. 52, 1991, r 2; No. 9, 1994, r 3; No. 22, 1996; Act No. 60, 2001, s 19; Act No. 32, 2006, s 13; Act No. 40, 2010, s 132; No. 15, 2011, r 4; No. 18, 2016, rr 3 and 4; No. 15, 2020, r 4; Act No. 26, 2020, s 3
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