Local Court (Criminal Procedure) Regulations 2016 (NT)

NORTHERN TERRITORY OF AUSTRALIA

LOCAL COURT (CRIMINAL PROCEDURE) REGULATIONS 2016

As in force at 20 November 2020

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Commencement5 — Limit on amount ordered for costs6 — Transitional matters for the ENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2020

LOCAL COURT (CRIMINAL PROCEDURE) REGULATIONS 2016

Regulations under the Local Court (Criminal Procedure) Act 1928

1Citation

These Regulations may be cited as the Local Court (Criminal Procedure) Regulations 2016.

2Commencement

These Regulations commence on the commencement of the Local Court Act 2016.

5Limit on amount ordered for costs

• (1)

  For section 77C of the Act, the amount that the Court may order for costs (the prescribed scale) must not exceed:

  • (a)

    for the first day of a hearing, including preparation of the case for the hearing and counsel fee – 1 500 monetary units; and

  • (b)

    for the second or a subsequent day of the hearing – 850 monetary units.

• (2)

  In determining the amount for costs, the Court may have regard to the following matters:

  • (a)

    whether the complainant commenced and continued with the proceedings in good faith;

  • (b)

    whether the complainant failed to take steps to investigate a matter coming to, or within, the complainant’s knowledge;

  • (c)

    the conduct of the investigation of the matters that led to the complainant making the complaint;

  • (d)

    if the Court dismissed the complaint – whether the dismissal was made on technical grounds and not on a finding that there was insufficient evidence to convict or make an order against the defendant;

  • (e)

    whether the defendant conducted the defence in a way that unreasonably prolonged the proceedings;

  • (f)

    whether the defendant was entitled to an acquittal but subsequently convicted on another charge.

• (3)

  However, if the Court considers the circumstances of the case, or the legal issues, are of an exceptional nature, the Court may order costs exceeding the prescribed scale.

6Transitional matters for the

The prescribed scale as mentioned in repealed regulation 14 of the Justices Regulations 1929 continues to apply in relation to proceedings in the Local Court that are commenced before the commencement of these Regulations as if the repealed regulation had not been repealed.

  ENDNOTES

• 1

  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

• 2

  LIST OF LEGISLATION

Local Court (Criminal Procedure) Regulations (SL No. 15, 2016)
Notified	29 April 2016
Commenced	1 May 2016 (r 2, s 2 Local Court Act 2015 (Act No. 15, 2015) and Gaz G1, 6 January 2016, p 9)
Monetary Units Act 2018 (Act No. 17, 2018)
Assent date	6 September 2018
Commenced	1 November 2018 (Gaz G40, 3 October 2018, p 7)
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date	19 November 2020
Commenced	20 November 2020 (s 2)

• 3

  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, 2018) to: rr 1, 2 and 3.

• 4

  LIST OF AMENDMENTS

r 3 amd Act No. 17, 2018, s 12

rep Act No. 26, 2020, s 3

r 4 rep Act No. 17, 2018, s 13

r 5 amd Act No. 17, 2018, s 14