{"id":"local-court-criminal-procedure-act-1928","name":"Local Court (Criminal Procedure) Act 1928","slug":"local-court-criminal-procedure-act-1928","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30301,"registerId":"nt-local-court-criminal-procedure-act-1928-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Local Court (Criminal Procedure)\nAct 1928.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall commence on a date to be fixed by the Government\nResident by notice in the North Australia Gazette.\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\nIn this Act:\nchild means a person under the age of 18 years.\ncommittal brief means a brief served under section 105C,\nincluding any additional documents forming part of the brief under\nsection 105D(3)(b) or 105E(3)(b).\ncommittal date, for Part V, see section 100.\ncomplainant, for Part VII, Division 3, see section 189.\ncomplaint:\n(a) in relation to a charge of an indictable offence that is dealt with\nsummarily – includes the information laid in respect of the\ncharge; and\n(b) for Part VII, Division 3 – see section 189.\nCourt means the Local Court.\ncourtroom means a room or other place where the Court is sitting\nor where a person who is participating in proceedings is located.\n\nLocal Court (Criminal Procedure) Act 1928 2\nCourt venue means a place approved under section 24 of the\nLocal Court Act 2015.\ncriminal record, for Part IV, Division 2A, see section 60AA.\n(aa) for Part VII, Division 3 – see section 189; or\n(b) otherwise – means a person charged with an offence or\nagainst whom relief is sought.\ndirections hearing, for Part IV, Division 2A, see section 60AA.\ndisclosure requirement, for Part IV, Division 2A, see\ndocument, for Part IV, Division 2A, see section 60AA.\nevidence of an alibi, for Part IV, Division 2A, see section 60AA.\nexpert evidence material, for Part IV, Division 2A, see\nfine includes any pecuniary penalty or pecuniary forfeiture or\npecuniary compensation payable upon a finding of guilt.\nhanded-up witness statement, for Part V, see section 100.\nindictable offence, see section 3(2) of the Criminal Code.\nJP means a justice of the peace appointed under section 5 of the\nJustices of the Peace Act 1991.\nNote for definition JP\nJP does not include a Judge, registrar or other person who is a justice of the\npeace by reason of holding an office mentioned in Schedule 1 to the Justices of\nthe Peace Act 1991.\nJudge means a Local Court Judge.\nlater sentence indication, for Part IV, Division 2A, see\nlisted exhibit, for Part V, see section 100.\nlisted witness, for Part V, see section 100.\nnotice to appear, for Part VII, Division 3, see section 189.\n\nLocal Court (Criminal Procedure) Act 1928 3\noriginal sentence indication, for Part IV, Division 2A, see\npreliminary examination means an examination under\nsection 105A.\nprosecutor, for Part V, see section 100.\nrecorded, for Part V, see section 100.\nregistrar, see section 3 of the Local Court Act 2015.\nrelevant registrar, in relation to a charge, means the registrar at\nthe place approved under section 24 of the Local Court Act 2015 at\nwhich the charge is being dealt with.\nsentence indication, for Part IV, Division 2A, see section 60AA.\nserious violence offence means:\n(a) an offence against any of the following provisions of the\nCriminal Code that is punishable by imprisonment for 5 or\nmore years:\n(i) Part V, Division 2;\n(ii) Part VI, Divisions 3 to 6A;\n(iii) Part VIA;\n(iv) section 218;\n(v) another provision prescribed by regulation; or\n(aa) an offence against section 211 or 212 of the Criminal Code, as\nin force immediately before the commencement of section 10\nof the Criminal Code Amendment (Property Offences)\nAct 2022; or\n(b) an offence against Part V, Division 2 or Part VI, Division 5 of\nthe Criminal Code, as in force before the commencement of\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"of the Criminal Justice Legislation Amendment (Sexual","content":"Part 2 of the Criminal Justice Legislation Amendment (Sexual\nOffences) Act 2023, that was punishable by imprisonment for\n5 or more years.\nsum adjudged to be paid by a finding of guilty and sum\nadjudged to be paid by an order respectively include any costs\nadjudged to be paid by the finding of guilt or order (as the case may\nbe) of which the amount is ascertained by the finding or order.\nsummary offence, see section 3(3) of the Criminal Code.\n\nLocal Court (Criminal Procedure) Act 1928 4\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"5 Application of Act\nThis Act applies in relation to the Court's criminal jurisdiction (as\ndefined in section 3 of the Local Court Act 2015).\n","sortOrder":4},{"sectionNumber":"20","sectionType":"section","heading":"Form of warrant","content":"20 Form of warrant\n(1) Every warrant for the apprehension of a defendant shall:\n(a) state shortly the matter of the information or complaint upon\nwhich it is founded; and\n(b) name or otherwise describe the defendant; and\n(c) order the person or persons to whom it is directed to\napprehend the defendant and bring the defendant before the\nCourt, to answer the charge contained in the information or\ncomplaint, and to be further dealt with according to law.\n(2) The warrant may be directed specially to any constable or other\nperson by name, or generally to all constables and peace officers of\nthe Territory, or both specially and generally as aforesaid; and\nwhere the warrant is directed generally it shall be lawful for any\nconstable or other peace officer to execute the warrant in like\nmanner as if it had been specially directed to him by name.\n(3) It shall not be necessary to make the warrant returnable at any\nparticular time, but it shall remain in force until it is executed.\n(4) Every warrant may be executed by apprehending the defendant at\nany place within the Territory.\n","sortOrder":5},{"sectionNumber":"22","sectionType":"section","heading":"Form of summons","content":"22 Form of summons\n(1) Subject to this section, every summons for the appearance of a\ndefendant shall be in duplicate and shall:\n(a) be directed to the defendant charged by the information or\ncomplaint; and\n(b) state shortly the matter so charged; and\n\nLocal Court (Criminal Procedure) Act 1928 5\n(c) require the defendant to be and appear before the Court at a\ncertain time and place mentioned in the summons to answer\nto the charge contained in the information or complaint, and to\nbe further dealt with according to law.\n(2) A summons issued under section 57(2) shall be in triplicate.\n","sortOrder":6},{"sectionNumber":"22A","sectionType":"section","heading":"Description of offence in documents under this Act","content":"22A Description of offence in documents under this Act\n(1) Any information, complaint, summons, warrant or other document\nunder this Act in which it is necessary to state the matter charged\nagainst any person shall be sufficient if it contains a statement of\nthe specific offence with which the accused person is charged,\ntogether with such particulars as are necessary for giving\nreasonable information as to the nature of the charge.\n(2) The statement of the offence shall describe the offence shortly in\nordinary language, avoiding as far as possible the use of technical\nterms, and without necessarily stating all the essential elements of\nthe offence, and, if the offence charged is one created by any law of\nthe Territory, shall contain a reference to the section of the law of\nthe Territory creating the offence.\n(3) After the statement of the offence, necessary particulars of the\noffence shall be set out in ordinary language, in which the use of\ntechnical terms shall not be required.\n(4) Any information, complaint, summons, warrant or other document\nto which this section applies, which is in such form as would have\nbeen sufficient in law if this section had not come into force, shall,\nnotwithstanding anything contained in this section, continue to be\nsufficient in law.\n","sortOrder":7},{"sectionNumber":"23","sectionType":"section","heading":"Summons to witness","content":"23 Summons to witness\nIf a Judge, registrar or JP is satisfied that any person is likely to\ngive material evidence or to have in his possession or power any\narticle (which term includes any document, writing, or thing)\nrequired for the purposes of evidence upon behalf of either party to\nany information, complaint or application, the Judge, registrar or JP\nmay issue a summons to the person requiring the person to appear\nbefore the Court, at a time and place mentioned in the summons, to\ntestify what he knows concerning the matter of the information,\ncomplaint or application, or to produce the article, or to testify and\nproduce as aforesaid (as the case may be).\n\nLocal Court (Criminal Procedure) Act 1928 6\n","sortOrder":8},{"sectionNumber":"25","sectionType":"section","heading":"Warrant in first instance","content":"25 Warrant in first instance\nIf a Judge is satisfied, by evidence upon oath, that it is probable\nthat any person will not attend to give evidence or to produce any\narticle without being compelled to do so, then, instead of issuing a\nsummons as provided by section 23, the Judge may issue a\nwarrant in the first instance.\n","sortOrder":9},{"sectionNumber":"26A","sectionType":"section","heading":"Power to require evidence from persons present in courtroom","content":"26A Power to require evidence from persons present in courtroom\nThe Court may, on the application of any party to the proceedings,\nrequire any person in the courtroom for the hearing of any\ncomplaint or information to take an oath and give evidence\nconcerning the matter of that complaint or information.\n","sortOrder":10},{"sectionNumber":"27","sectionType":"section","heading":"Service of summonses and notices under this Act","content":"27 Service of summonses and notices under this Act\nSubject to the provisions of this or any other enactment specially\napplicable to the particular case, any summons or notice required\nor authorised by this Act to be served upon any person, may be\nserved upon the person by:\n(a) delivering it to him personally; or\n(b) leaving it for him at his last or most usual place of abode or of\nbusiness with some other person, apparently an inmate\nthereof or employed thereat, and apparently not less than\n16 years of age.\n","sortOrder":11},{"sectionNumber":"27A","sectionType":"section","heading":"Service of summons under section 57(2)","content":"27A Service of summons under section 57(2)\n(1) A summons issued under section 57(2) to a person other than a\ncorporation may be served on a defendant:\n(a) by delivering 2 copies of the summons to the defendant\npersonally; or\n(b) subject to subsection (2), by leaving 2 copies of the summons\nfor the defendant at his last-known place of abode or business\nwith a person apparently an inmate or employed at that place\nand apparently not less than 16 years of age; or\n(c) subject to subsections (2) and (3), by posting by registered\npost service, as provided under the Australian Postal\nCorporation Act 1989 of the Commonwealth, 2 copies of the\nsummons to the defendant at his last-known place of abode or\nbusiness.\n\nLocal Court (Criminal Procedure) Act 1928 7\n(3) A summons served under subsection (1)(c) on a defendant shall be\nserved:\n(a) if the offence alleged in the summons is an offence in respect\nof which a traffic infringement notice, within the meaning of\n","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"of the Traffic Regulations 1999, may be served – not","content":"Part 3 of the Traffic Regulations 1999, may be served – not\nlater than 90 days after the date of the alleged offence; or\n(b) in any other case – not later than 60 days after the date of the\nalleged offence,\nand not earlier than one month before the date shown on the\nsummons as the date for the hearing of the charge to which that\nsummons relates.\n(4) A summons issued under section 57(2) to a corporation may be\nserved on the corporation:\n(a) by delivering 2 copies of the summons to a director, secretary,\nor other responsible officer of the corporation; or\n(b) by posting by registered post service, as provided under the\nAustralian Postal Corporation Act 1989 of the Commonwealth,\n2 copies of the summons to the principal place of business of\nthe corporation in the Territory.\n(5) In the absence of evidence to the contrary, the address appearing\non the summons shall be deemed to be the defendant's last-known\nplace of abode or business.\n(6) Where a summons has not been served personally, the Court may,\nif it is of the opinion that there is a reasonable probability that the\nsummons has not come to the notice of the defendant, refuse to\nadjudicate upon the complaint and direct that a fresh summons be\nissued and served personally on the defendant.\n","sortOrder":13},{"sectionNumber":"28","sectionType":"section","heading":"Proof by affidavit of service of process, handwriting etc.","content":"28 Proof by affidavit of service of process, handwriting etc.\n(1) In proceedings before the Court, without prejudice to any other\nmode of proof:\n(a) the service on any person of any summons, notice, process,\nor document required or authorised to be served; or\n(b) the handwriting of any person on any warrant, summons,\nnotice, process, or document;\nmay be proved by an affidavit: Provided that the Court may require\nthe person making the affidavit to be called as a witness, or may\nrequire further evidence of the facts.\n\nLocal Court (Criminal Procedure) Act 1928 8\n(3) If any affidavit made under this section is untrue in any material\nparticular, the person wilfully making the false affidavit shall be\nguilty of wilful and corrupt perjury, and shall be punishable\naccordingly.\n(4) Service of a summons issued under section 57(2) may, without\nprejudice to any other mode of proof, be proved by a receipt for\nregistered post service issued under the Australian Postal\nCorporation Act 1989 of the Commonwealth and bearing the serial\nnumber referred to in evidence as the number relating to the\nsummons sent by that registered post service and by a written\nreceipt under those Regulations purporting to be duly completed\nand acknowledging receipt of that registered post service article.\n(5) The receipt and returned receipt of registered post service are\nadmissible at the hearing of the summons as prima facie evidence\nthat the summons was received by the address of the article and of\nthe matters set out in them.\n","sortOrder":14},{"sectionNumber":"49","sectionType":"section","heading":"Complaint","content":"49 Complaint\nA complaint may be made to the Court in any case where a person\nis suspected to have committed a summary offence.\n","sortOrder":15},{"sectionNumber":"50","sectionType":"section","heading":"How complaint to be made","content":"50 How complaint to be made\n(1) A complaint may be made by the complainant in person or by the\ncomplainant's legal practitioner, or by any other person authorised\nin that behalf.\n(2) No complaint need be in writing unless it is required to be so by any\nother Act.\n(3) A complaint may be made without substantiation by oath, except in\nany case:\n(a) where any other Act otherwise requires; or\n(b) where the Court issues a warrant in the first instance.\n","sortOrder":16},{"sectionNumber":"51","sectionType":"section","heading":"Joinder of charges","content":"51 Joinder of charges\n(1) Charges for any number of offences may be joined in the same\ncomplaint, if the charges arise out of the same set of\ncircumstances.\n\nLocal Court (Criminal Procedure) Act 1928 9\n(2) Where a provision constituting an offence states the offence to be\nthe doing of or the omission to do any act in any one of any\ndifferent capacities, or with any one of any different intentions, or\nstates any part of the offence in the alternative, the acts, omissions,\ncapacities, or intentions, or other matters stated in the alternative in\nthe provision, may be stated in the alternative in the complaint.\n(3) The Court may, if it thinks just, deal with any charge so joined,\nseparately.\n(4) This section shall apply notwithstanding anything inconsistent\ntherewith contained in any other Act.\n","sortOrder":17},{"sectionNumber":"52","sectionType":"section","heading":"Limitation of time for making complaint","content":"52 Limitation of time for making complaint\nWhere no time is specially limited for making the complaint by any\nstatute or law relating to the particular case, the complaint shall be\nmade within 6 months from the time when the matter of the\ncomplaint arose.\n","sortOrder":18},{"sectionNumber":"54","sectionType":"section","heading":"Allegations as to ownership","content":"54 Allegations as to ownership\n(1) Whenever in any complaint, or the proceedings thereon, it is\nnecessary to state the ownership of any property belonging to, or in\nthe possession of, partners, joint tenants, parceners, or tenants in\ncommon, it shall be sufficient to name one of those persons, and to\nstate the property to belong to the person so named and another or\nothers (as the case may be).\n(2) Whenever in any complaint or the proceedings thereon it is\nnecessary to mention for any purpose whatsoever any partners,\njoint tenants, parceners, or tenants in common, it shall be sufficient\nto describe them in the same manner.\n(3) Whenever in any complaint or the proceedings thereon it is\nnecessary to describe the ownership of any work or building made,\nmaintained, or repaired at the expense of any public board of\ncommissioners or trustees, or of any materials for the making,\naltering, or repairing of the work or building, it shall be sufficient to\ndescribe the work or building or materials as the property of the\ncommissioners or trustees without naming them.\n","sortOrder":19},{"sectionNumber":"55","sectionType":"section","heading":"Description of offence","content":"55 Description of offence\nIn any complaint and in any proceedings thereon the description of\nany offence in the words of the Act creating the offence, or in\nsimilar words, shall be sufficient in law.\n\nLocal Court (Criminal Procedure) Act 1928 10\n","sortOrder":20},{"sectionNumber":"56","sectionType":"section","heading":"Exceptions or exemptions need not be specified or disproved","content":"56 Exceptions or exemptions need not be specified or disproved\nby the complainant\n(1) No exception, exemption, proviso, excuse, or qualification (whether\nit does or does not accompany in the same section the description\nof the offence in the Act creating the offence) need be specified or\nnegatived in the complaint.\n(2) Any exception, exemption, proviso, excuse, or qualification referred\nto in subsection (1) may be proved by the defendant, but, whether it\nis or is not specified or negatived in the complaint, no proof in\nrelation to it shall be required on the part of the complainant.\n","sortOrder":21},{"sectionNumber":"57","sectionType":"section","heading":"Upon complaint summons to issue","content":"57 Upon complaint summons to issue\n(1) Whenever a complaint is made in accordance with this Part a\nJudge, registrar or JP may issue a summons for the appearance of\nany person charged by the complaint or against whom the order is\nthereby sought to be made: Provided that nothing herein\nmentioned shall oblige a Judge, registrar or JP to issue a summons\nin any case where the application for any order of the Court is by\nlaw to be made ex parte.\n(2) Where a complaint is made by a public officer charging that an\noffence to which this subsection applies has been committed, a\nJudge, registrar or JP may, upon the request of the complainant\nissue a summons in accordance with section 22(2).\n(5) For the purposes of subsection (2):\n(a) an offence to which that subsection applies is an offence:\n(i) against the Traffic Act 1987 or the Regulations made\nunder that Act; or\n(ii) against the Motor Vehicles Act 1949 or the Regulations\nmade under that Act; or\n(iii) punishable by a fine only; and\n(b) public officer means:\n(i) a member of the Police Force of the Northern Territory;\nor\n(ii) a person employed by an authority or corporation\nestablished under a law of the Territory and authorised\nby or under that law to make a complaint charging an\noffence against a law in force in the Territory; or\n\nLocal Court (Criminal Procedure) Act 1928 11\n(iii) an officer or employee of the Public Service of the\nCommonwealth or of the Territory acting in the course of\nhis employment as such an officer or employee.\n","sortOrder":22},{"sectionNumber":"57A","sectionType":"section","heading":"Plea of guilty may be made in writing if summons issued","content":"57A Plea of guilty may be made in writing if summons issued\n(1) A person upon whom is served a summons issued under\nsection 57(2) may plead guilty to the charge specified therein by:\n(a) completing the endorsement appearing on a copy of the\nsummons; and\n(b) signing (whether within or without Australia) the endorsement,\nso completed, before a person entitled to administer an oath in\nany part of Australia or before a lawyer or member of the\npolice force of the Commonwealth or of a State or Territory;\nand\n(c) delivering or serving by post, not less than 3 days prior to the\ndate on which he is required by the summons to appear, the\ncopy of the summons so completed and signed to the\ncomplainant or the relevant registrar.\n(2) Service of the copy of the summons duly completed and signed\nshall be deemed to have been effected under subsection (1) if it is\nleft at the office of the relevant registrar or if it is left at any police\nstation within 80 kilometres of the place at which appearance is\nrequired by the summons.\n(3) A person who has pleaded guilty in the manner prescribed by this\nsection is not required to appear in person or otherwise at the Court\nbefore which he is summoned to appear.\n(4) The Court may accept a plea of guilty made by endorsement as\nprescribed by this section without proof of any signature thereon or\nof the office or occupation of any person purporting to have signed\nthe endorsement and, subject to section 57B, may proceed in such\nmanner and make such adjudication and orders as it might have\nmade if the defendant had appeared in answer to the summons in\nperson or by the defendant's legal practitioner.\n","sortOrder":23},{"sectionNumber":"57B","sectionType":"section","heading":"Limits on power of Court where plea of guilty in writing","content":"57B Limits on power of Court where plea of guilty in writing\nWhere a person has pleaded guilty in the manner prescribed by\nsection 57A, the Court shall not:\n(a) impose a sentence of imprisonment in the first instance; and\n(b) cancel or suspend a licence held by the defendant or\notherwise disqualify him from holding a licence; and\n\nLocal Court (Criminal Procedure) Act 1928 12\n(c) treat the offence as other than a first offence unless the Court\nis satisfied upon evidence that the defendant has been\npreviously found guilty of an offence to which section 57\napplies; and\n(d) fail to allow a reasonable time for payment of any sum\nadjudged to be paid by the defendant; and\n(e) order the defendant to pay any sum in respect of the\nattendance of any witness.\n","sortOrder":24},{"sectionNumber":"57C","sectionType":"section","heading":"Notice of finding of guilt or plea of guilty in writing to be first","content":"57C Notice of finding of guilt or plea of guilty in writing to be first\nserved\nWhere a person has been found guilty of an offence to which he\nhas pleaded guilty in the manner prescribed by section 57A, a\nrelevant registrar shall forthwith serve, personally or by post, on the\ndefendant notice of the finding of guilt and of any order or sentence\nmade on that finding of guilt and no further proceedings upon the\nfinding of guilt or order shall be taken until the expiry of 14 days\nafter such service.\n","sortOrder":25},{"sectionNumber":"57D","sectionType":"section","heading":"Court may refuse to accept plea of guilty in writing","content":"57D Court may refuse to accept plea of guilty in writing\nWhere, upon its consideration of the subject matter of a complaint\nto which a defendant has pleaded guilty as prescribed by\nsection 57A or of any explanation endorsed by a defendant upon a\ncopy of a summons issued upon such a complaint, the Court is of\nthe opinion:\n(a) that the offence may be one which merits punishment other\nthan a fine; or\n(b) that the defendant did not understand the consequences of his\nsubmitting a written plea of guilty; or\n(c) that for some other reason justice would be better served by\nrequiring the appearance of the defendant in person,\nthe Court shall vacate the summons issued and shall order that a\nsummons in the form prescribed by the regulations shall issue.\n","sortOrder":26},{"sectionNumber":"57E","sectionType":"section","heading":"Further consideration of complaint may be required","content":"57E Further consideration of complaint may be required\n(1) Where a summons has been issued under section 57(2) and a\nfinding of guilt has been recorded in the absence of the defendant,\nthe defendant may, within 7 days after service upon him of a notice\nunder section 57C, serve either personally or by post on the\nrelevant registrar a notice requiring further consideration of the\ncomplaint upon which the finding of guilt was recorded.\n\nLocal Court (Criminal Procedure) Act 1928 13\n(2) Upon service of a notice under subsection (1), no proceedings shall\nbe taken to enforce the finding of guilt or any order made thereon\nuntil after the proceedings consequent upon that notice have been\ncompleted.\n(3) As soon as is practicable after service of a notice under\nsubsection (1), the registrar mustfix a time and place for the further\nconsideration of the complaint and, by notice served personally or\nby post, notify the complainant and defendant of the time and place\nso fixed.\n(4) On the day fixed under subsection (3), the Court :\n(a) may quash the finding of guilt and vacate any orders made\nthereon if it is satisfied that the summons first issued on the\ncomplaint did not come to the notice of the defendant a\nreasonable time before the date appointed by the summons\nfor the hearing; and\n(b) direct that the complaint shall be reheard at a time and place\nthen fixed by the Court; or\n(c) confirm the finding of guilt and any orders made thereon.\n(5) The Court before which a complaint is reheard in pursuance of a\ndirection under subsection (4) has power to adjudicate thereon as if\nthe rehearing was the first hearing of the complaint and the\ndefendant had been personally served with a summons requiring\nhis attendance on the day fixed by the direction.\n","sortOrder":27},{"sectionNumber":"58","sectionType":"section","heading":"Issue of warrant","content":"58 Issue of warrant\n(1) No warrant to apprehend any defendant shall be issued unless the\nmatter of the complaint is substantiated on oath to the satisfaction\nof the Court.\n(2) When the matter of any complaint:\n(a) charging the defendant with a summary offence; or\n(c) under any other Act which authorises the issue of a warrant in\nthe first instance,\nis substantiated as provided in this section the Court may, instead\nof issuing a summons, issue a warrant in the first instance to\napprehend the defendant.\n\nLocal Court (Criminal Procedure) Act 1928 14\n(3) If any defendant fails to appear in obedience to a summons, the\nCourt may issue a warrant for the apprehension of the defendant,\nprovided that:\n(a) the matter of the complaint is substantiated as provided in this\nsection; and\n(b) it is proved to the satisfaction of the Court that the summons\nwas duly served a reasonable time before the time appointed\nfor the hearing.\n","sortOrder":28},{"sectionNumber":"59","sectionType":"section","heading":"Defendant on apprehension to be brought before Court","content":"59 Defendant on apprehension to be brought before Court\nWhen a defendant is apprehended under a warrant the defendant\nmust be brought before the Court, which must either remand the\ndefendant into custody or grant the defendant bail in accordance\nwith the Bail Act 1982.\n","sortOrder":29},{"sectionNumber":"60","sectionType":"section","heading":"Remand or discharge on bail","content":"60 Remand or discharge on bail\n(1) Where a defendant is apprehended under a warrant or where, from\nthe absence of witnesses, or from any other reasonable cause, it\nbecomes necessary or advisable to defer or adjourn the\ndefendant's hearing, the Court may remand, and may, from time to\ntime, further remand that defendant for such period as the Court\nthinks fit, but not exceeding 15 clear days at any one time unless\nboth parties consent thereto.\n(2) Where the Court remands under subsection (1) or (3) a defendant,\nthe Court shall, in respect of the defendant's period of remand or\nfurther period of remand, as the case may be, commit that\n(a) by warrant into the custody of the Commissioner of\nCorrectional Services; or\n(b) orally to the custody of the constable or other person who\napprehended him; or\n(c) orally to such other safe custody as the Court thinks fit,\nand the Court shall order that defendant to be brought up at some\nstated time and placed before the Court, of which order a reigistrar\nshall give the complainant due notice.\n(3) The Court, on being satisfied that a defendant who has been\nremanded under subsection (1) and committed into custody in\naccordance with subsection (2) is, by reason of illness or accident,\nunable at the expiration of the period for which the defendant was\nremanded under subsection (1) to appear personally before the\n\nLocal Court (Criminal Procedure) Act 1928 15\nCourt may, in the absence of the defendant, further remand that\ndefendant for such period as the Court thinks fit, but not exceeding\n15 clear days at any one time.\n(5) The Court may, instead of committing under subsection (2) a\ndefendant, grant the defendant bail in accordance with the Bail\nAct 1982.\n","sortOrder":30},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Pre-hearing procedure for offences and sentence","content":"Division 2A Pre-hearing procedure for offences and sentence\nindications\nNote for Division 2A\nSection 5(2)(ha) of the Sentencing Act 1995 provides that, in sentencing a\ndefendant, the court must have regard to the conduct of the defendant during the\nproceedings, including the extent to which the defendant complied with a\nrequirement imposed on the defendant under this Division.\n60AA Definitions\ncriminal record, see section 3(1) of the Criminal Records (Spent\nConvictions) Act 1992.\ndirections hearing means a directions hearing that is required\nunder section 60AI.\ndisclosure requirement means a requirement that the defendant\ndo one of the following:\n(a) serve a notice under section 60AG(1);\n(b) indicate something under section 60AJ(2);\n(c) disclose information under an order mentioned in\nsection 60AK(2)(a);\n(d) serve a document or thing under section 60AM(2);\n(e) serve a document, thing or notice under section 60AN(2).\ndocument has the same meaning as in the Evidence (National\nUniform Legislation) Act 2011.\nevidence of an alibi, see section 331(6) of the Criminal Code.\n\nLocal Court (Criminal Procedure) Act 1928 16\nexpert evidence material means:\n(a) written notice of the name and, if known, the address of the\nperson whom the defendant intends to call to give expert\nevidence; and\n(b) a written description of the expert evidence intended to be\nadduced.\nlater sentence indication, see section 60AZB(2).\noriginal sentence indication, see section 60AZB(1).\nsentence indication means an indication, given by the Court under\nsection 60AT, of a sentence that the Court would likely impose on a\ndefendant.\n60AB Object of Division\nThe object of this Division is to:\n(a) provide for fair, efficient, expeditious and economical case\nmanagement procedures in the criminal jurisdiction of the\nLocal Court including by:\n(i) facilitating, if appropriate, a defendant's guilty plea to an\noffence at an early stage of proceedings in relation to a\ncomplaint or information before the Court; and\n(ii) ensuring that, if a complaint or information proceeds to a\nhearing of a charge, the hearing is focused on the issues\nthat are in dispute; and\n(iii) minimising the time between the making of a complaint\nor the laying of an information and the hearing of the\ncharge; and\n(b) minimise the trauma that might be experienced by victims of\ncrime.\n60AC Application of this Division\n(1) This Division applies to all criminal proceedings in the Court, except\nthose that are subject to a committal in Part V:\n(a) if the matter is heard and determined in Darwin, Alice Springs\nor Tennant Creek; or\n\nLocal Court (Criminal Procedure) Act 1928 17\n(b) if the matter is heard and determined in any other place – to\nthe extent a practice direction made under section 49 of the\nLocal Court Act 2015 requires.\n(2) Despite section 49 of the Local Court Act 2015, a practice direction\nthat regulates procedures of the Court when a matter is heard and\ndetermined as mentioned in subsection (1)(b) must be consistent\nwith the object of this Division and adopt the provisions of this\nDivision to the extent practicable.\n60AD Prosecution's obligations after first mention\n(1) This section applies once the information has been laid or the\ncomplaint has been made in relation to a charge.\n(2) The prosecution must, within 7 days after the matter is first\nmentioned in Court:\n(a) serve a preliminary brief of evidence on the defendant; and\n(b) file with the Court a copy of the statement of the alleged facts\non which the charge is founded, mentioned in\nsection 60AF(1)(a).\n(3) The purpose of filing the statement with the Court is to assist the\nCourt to facilitate the conduct of the directions hearing.\n60AE Contents of preliminary brief of evidence\n(1) A preliminary brief of evidence mentioned in section 60AD must\ninclude the following:\n(a) a copy of the information or complaint in relation to the charge;\n(b) a statement in relation to the charge made by an informant or\nthe prosecution that complies with section 60AF;\n(c) any certificate of evidence that is issued under an Act, likely to\nbe relevant to the charge, and available to the prosecution at\nthe time the preliminary brief is served;\n(d) a copy of the defendant's criminal record or a written\nstatement made by the prosecution that the defendant does\nnot have a criminal record;\n(e) any written statement made by the informant or prosecution\nthat the informant or prosecution will not disclose any\ndocument or thing that would otherwise be included in the\n\nLocal Court (Criminal Procedure) Act 1928 18\npreliminary brief but that the informant or prosecution is not\nrequired by law to disclose;\n(f) if there is any information recorded by audio-visual, audio or\nvisual means (including closed-circuit television) in relation to\nthe charge:\n(i) a copy of the recording, if it is available to the\nprosecution at the time the preliminary brief is served; or\n(ii) if the recording is not available to the prosecution at the\ntime the preliminary brief is served – a written statement\nmade by the prosecution that there is information\nrecorded that the prosecution intends to obtain;\n(g) subject to subsection (2), any other document or thing that\nmay assist the defendant in understanding the evidence\nagainst the defendant that is available to the prosecution at\nthe time the preliminary brief is served;\n(h) any other document or thing prescribed by the regulations.\n(2) The prosecution is not required to include, in the preliminary brief, a\ntranscript of a recording of an interview conducted with the\ndefendant in relation to the charge.\nNote for subsection (2)\nA transcript is also not required for a recorded statement under Part 3A of the\nEvidence Act 1939 in a domestic violence offence proceeding – see\nsection 21N(1) of that Act.\n(3) Subsection (1)(f) does not apply in relation to a recorded statement\nunder Part 3A of the Evidence Act 1939 in a domestic violence\noffence proceeding.\n60AF Statement made by informant or prosecution\n(1) For section 60AE(1)(b), a statement made by an informant or the\nprosecution must be a complete and accurate statement of the\nmaterial available to the informant or prosecution at the time the\nstatement is made and must include the following:\n(a) a statement of the alleged facts on which the charge is\nfounded, including reference to any evidence available to the\nprosecution to support the alleged facts;\n(b) a copy of any document or thing containing an admission\nmade by the defendant, and a written summary of any oral\nstatements made by the defendant, in relation to the charge;\n\nLocal Court (Criminal Procedure) Act 1928 19\n(c) in relation to persons who may be called as witnesses at the\nhearing in relation to the charge:\n(i) a list that contains:\n(A) the name of each witness; or\n(B) a description of each witness; or\n(C) a description of each class of witness; and\n(ii) an outline of the evidence that each witness is expected\nto give at the hearing; and\n(iii) an indication of whether any of those persons have\nmade a statement;\n(d) a list of any documents or things the prosecution might tender\nas exhibits at the hearing in relation to the charge and an\nindication of whether the documents or things are in the\npossession of the prosecution at the time the statement is\nmade.\n(2) In this section:\nadmission has the same meaning as in the Evidence (National\nUniform Legislation) Act 2011.\n60AG Defendant's disclosure requirements for evidence of an alibi\n(1) If the defendant intends to adduce evidence of an alibi in relation to\nthe charge, the defendant must serve the prosecution with a notice\nof the following:\n(a) the defendant's intention to adduce evidence of an alibi;\n(b) the particulars of the alibi;\n(c) a list of the names of the persons whom the defendant intends\nto call as witnesses to give the evidence and the address for,\nor other information that would help locate, each person.\n(2) The defendant must comply with subsection (1):\n(a) not less than 7 days before the date and time appointed for a\ndirections hearing for the matter; or\n(b) if the defendant decides to adduce evidence of an alibi within\nthe period that begins 7 days before the date appointed for a\ndirections hearing – as soon as practicable after the defendant\nmakes the decision.\n\nLocal Court (Criminal Procedure) Act 1928 20\n(3) The Court may dispense with the disclosure requirements under\nthis section if the Court is satisfied that there is good reason to do\nso.\n60AH Purpose of directions hearing\nA directions hearing is a hearing conducted by the Court in relation\nto a matter in order to identify the following:\n(a) the issues that are in dispute and the issues that are not in\ndispute;\n(b) the steps required to progress the matter.\n60AI Directions hearing\n(1) This section applies if a defendant has not pleaded guilty to a\ncharge at the first mention in Court in relation to the charge.\n(2) The Court must appoint a date and time for a directions hearing that\nis at least 4 weeks after the first mention.\n(3) Subject to subsection (4), the defendant must attend the directions\nhearing.\n(4) The Court may order, if the Court is satisfied that there is good\nreason to do so, that:\n(a) the defendant may appear at the directions hearing by the\ndefendant's legal practitioner; and\n(b) the defendant is not required to attend the directions hearing.\n(5) The defendant may apply to the Court to appoint a date and time\nfor the directions hearing that is earlier than 4 weeks after the first\nmention.\n(6) The Court may appoint a date and time for a directions hearing that\nis earlier than 4 weeks after the first mention:\n(a) on an application under subsection (5) or on the Court's own\ninitiative; and\n(b) only if the Court is satisfied that there is good reason to do so.\n(7) Unless the parties to the directions hearing agree otherwise,\nevidence of anything said or done in the course of the directions\nhearing, or any document prepared for the directions hearing, is not\nadmissible in any proceedings in any court or tribunal or before any\nperson acting judicially.\n\nLocal Court (Criminal Procedure) Act 1928 21\n(8) Nothing in this section:\n(a) prevents the defendant from pleading guilty to a charge after\nthe first mention but before the date and time appointed for the\ndirections hearing; or\n(b) prevents the Court from appointing a date and time for another\nmention of the matter before the date and time appointed for\nthe directions hearing.\n60AJ Procedure for directions hearing\n(1) At the directions hearing, the prosecution must indicate:\n(a) if any document or thing that is required to be provided to the\ndefendant has not been provided to the defendant; and\n(b) the prosecution's estimate of the length of the hearing if the\nmatter should proceed to a hearing; and\n(c) any orders the prosecution is likely to seek in relation to the\n(2) At the directions hearing, the defendant must indicate:\n(a) the issues that are in dispute and the issues that are not in\ndispute; and\n(b) whether the defendant intends to plead guilty or not guilty; and\n(c) if the defendant intends to adduce any evidence of an alibi in\nrelation to the charge; and\n(d) if the defendant intends to call any witnesses to give evidence\nof an alibi in relation to the charge or any expert witnesses;\nand\n(e) the defendant's estimate of the length of the hearing if the\nmatter should proceed to a hearing; and\n(f) any orders the defendant is likely to seek in relation to the\n60AK Orders at directions hearing\n(1) The Court may, at a directions hearing, make orders to progress a\n(2) Without limiting subsection (1), the Court may make orders for:\n(a) a defendant to disclose information to the prosecution; or\n\nLocal Court (Criminal Procedure) Act 1928 22\n(b) the prosecution to disclose information to the defendant.\n(3) If, at the directions hearing, the defendant pleads guilty to the\ncharge, the Court may:\n(a) accept the plea of guilty; and\n(b) do one of the following:\n(i) sentence the defendant for the charge;\n(ii) appoint a date and time for the sentencing of the\ndefendant for the charge.\n(4) At the conclusion of the directions hearing, the Court must appoint\na date and time for one or both of the following:\n(a) if the Court considers another directions hearing is required –\nanother directions hearing;\n(b) a hearing in relation to the charge.\n60AL Prosecution or defendant may apply for matter to be\nconsidered\nSection 60AK does not prevent the prosecution or defendant from\nmaking an application to the Court, before the matter is next before\nthe Court under section 60AK(4), to appoint a date and time for the\nmatter for:\n(a) another directions hearing; or\n(b) if the defendant indicates after a directions hearing that the\ndefendant intends to plead guilty to the charge – the\nsentencing of the defendant for the charge.\n60AM Defendant's disclosure requirements for expert evidence and\nobjections\n(1) This section applies in relation to proceedings in relation to which a\ndate and time have been appointed for a hearing in relation to the\n(2) The defendant must serve the prosecution with the following:\n(a) a document or thing in relation to any expert evidence that the\ndefendant intends to adduce at the hearing;\n\nLocal Court (Criminal Procedure) Act 1928 23\n(b) written notice of an objection, and the grounds for the\nobjection, by the defendant to:\n(i) a document or thing that the prosecution intends to\ntender as evidence at the hearing; or\n(ii) evidence to be given by a witness whom the prosecution\nintends to call at the hearing.\n(3) The defendant must comply with subsection (2) not less than\n21 days before the date and time appointed for the hearing.\n(4) This section applies to a defendant in addition to the requirements\nunder section 177 of the Evidence (National Uniform Legislation)\nAct 2011.\n60AN Defendant's disclosure requirements for subsequent evidence\n(1) This section applies:\n(a) in relation to proceedings in relation to which a date and time\nhave been appointed for a hearing in relation to the charge;\nand\n(b) if the defendant obtains a document or thing in relation to any\nexpert evidence material or decides to make an objection\nwithin 21 days of the date and time appointed for the hearing\nfor the matter.\n(2) The defendant must serve the prosecution, as soon as practicable\nafter obtaining the document or thing or deciding to make the\nobjection, with the document or thing or a written notice of the\nobjection under section 60AM(2).\n60AO Defendant's disclosure requirements – Court may make orders\nThe Court may dispense with the disclosure requirements under\nsection 60AM or 60AN if the Court is satisfied that there is good\nreason to do so.\n60AP Prosecution and defendant to confirm hearing\n(1) This section applies in relation to proceedings in relation to which a\ndate and time have been appointed for a hearing in relation to the\n(2) Each of the prosecution and the defendant must give a written\nnotice to the Court that they are ready to proceed with the hearing\n7 days before the date appointed for the hearing.\n\nLocal Court (Criminal Procedure) Act 1928 24\n60AQ Consequences of non-disclosure\n(1) If, at the hearing in relation to a matter, the Court is satisfied that\nthe defendant has not complied with a disclosure requirement, the\nCourt, on the application of the prosecution, may adjourn the\nhearing to a time that would allow enough time:\n(a) for the defendant to do what is required by the provision that\nimposes the disclosure requirement; and\n(b) for the prosecution to further prepare its case and to obtain\nany further evidence that may be necessary as a result of the\ndisclosure.\n(2) On the resumption of a hearing adjourned under subsection (1), the\nCourt may permit the prosecution to adduce further evidence,\nwhether or not obtained as a result of the disclosure.\n60AR Court may shorten or extend time\nThe Court may, at any time, shorten or extend the time required for\ndoing anything under this Division if the Court is satisfied that there\nis good reason to do so.\n60AS Prosecution's obligations in relation to disclosure not affected\nThis Division does not affect the prosecution's obligations in relation\nto disclosure and the consequences for any failure in relation to\nthose obligations under this Act, any other Act, or a law of the\nCommonwealth, or at common law.\n60AT Sentence indication\n(1) The defendant may apply for a sentence indication from the Court\nduring criminal proceedings.\n(2) The Court may indicate that, if the defendant pleads guilty to a\ncharge at the time of the application, the Court would be likely to\nimpose on the defendant:\n(a) if sections 78CA and 78CB of the Sentencing Act 1995 do not\napply – a sentence of actual imprisonment to commence at a\nspecified time; or\n(b) a sentence of another specified type; or\n\nLocal Court (Criminal Procedure) Act 1928 25\n(c) if section 78CB of the Sentencing Act 1995 applies to the\noffence – a sentence of actual imprisonment as required by\nthat section; or\n(d) if section 78CA of the Sentencing Act 1995 applies to the\noffence:\n(i) a sentence that is the minimum sentence of actual\nimprisonment that the Court is required to impose for the\noffence; or\n(ii) a sentence that takes into account exceptional\ncircumstances under section 78DB of the Sentencing\nAct 1995, if the Court is satisfied that, if the Court were\nimposing a sentence on the defendant, the\ncircumstances of the case would be exceptional.\n(3) Subject to subsection (4), the Court may give a sentence indication\nat any time during proceedings.\n(4) If the Court has appointed a date and time for a hearing in relation\nto the charge, the Court must not give a sentence indication within\n7 days before the date appointed for the hearing.\n(5) The Court may refuse to give a sentence indication if the Court is\nsatisfied that there is good reason to do so.\n(6) A decision to give or not to give a sentence indication is final.\n60AU Court to have regard to material for sentence indication\n(1) Before giving a sentence indication to a defendant, the Court must\nhave regard to the following:\n(a) a statement of the agreed facts on which the charge is based;\n(b) the defendant's criminal record.\n(2) The Court must also have regard to a victim impact statement or\nvictim report if the statement or report is available at the time of the\n(3) However, the Court is not required to have regard to a victim impact\nstatement or victim report that is available at the time of the\nsentence indication if:\n(a) section 78CA of the Sentencing Act 1995 applies to the\noffence; and\n(b) the Court would not have regard to the victim impact\n\nLocal Court (Criminal Procedure) Act 1928 26\nstatement or victim report if the Court were:\n(i) imposing the sentence on the defendant; and\n(ii) deciding whether the Court was satisfied that the\ncircumstances of the case were exceptional under\nsection 78DB of the Sentencing Act 1995.\n(4) The Court may have regard to any other material that is relevant to\nthe offence and available at the time of the sentence indication.\n(5) In this section:\nvictim impact statement, see section 106A of the Sentencing\nAct 1995.\nvictim report, see section 106A of the Sentencing Act 1995.\n60AV Court not bound by sentence indication\nThe Court is not bound by a sentence indication when imposing a\nsentence on the defendant if the Court that imposes the sentence is\nconstituted by a different Judge to the Judge that gave the\n60AW Court may withdraw sentence indication\n(1) The Court may withdraw a sentence indication if:\n(a) the defendant does not plead guilty to the offence as a result\nof the sentence indication within a reasonable time after the\nsentence indication was given; or\n(b) there has been a change in circumstances that would likely\ncause the Court to impose a more severe sentence than the\nsentence indicated:\n(i) before the defendant pleads or does not plead guilty to\nthe offence; or\n(ii) after the defendant pleads guilty to the offence, if the\ndefendant has pleaded guilty as a result of the sentence\nindication.\n(2) Before withdrawing a sentence indication under subsection (1)(b),\nthe Court must:\n(a) be satisfied that the sentence that the Court has indicated it is\nlikely to impose would not, as a result of the change in\ncircumstances, be an appropriate sentence; and\n\nLocal Court (Criminal Procedure) Act 1928 27\n(b) inform the defendant that the Court would likely impose a\nmore severe sentence than the sentence indicated.\n(3) If the Court withdraws a sentence indication under\nsubsection (1)(b)(ii), the defendant may withdraw the plea of guilty.\n(4) A sentence indication may be withdrawn under this section only if\nthe Court is constituted in one of the following ways:\n(a) the Court is constituted by the same Judge as the one who\ngave the sentence indication;\n(b) if section 60AZC applies, the Court is constituted by another\nJudge.\n60AX Sentence indication not admissible\nAn application for a sentence indication, or a sentence indication, is\nnot admissible in any proceedings in any court or tribunal or before\nany person acting judicially.\n60AY Sentence indication does not affect appeal rights\nA sentence indication does not affect the defendant's or\nprosecution's right to appeal against a sentence imposed on the\ndefendant for the offence.\n60AZ Sentence indication and plea of guilty\n(a) the Court gives a sentence indication; and\n(b) the defendant pleads guilty to the offence as a result of the\n(2) Subject to section 60AZC(1), the Court, when imposing a sentence\non the defendant for the offence:\n(a) must be constituted by the same Judge as the one who gave\nthe sentence indication; and\n(b) must not impose a more severe sentence than the sentence\nindicated.\n60AZA Sentence indication and no plea of guilty\n(a) the Court gives a sentence indication; and\n\nLocal Court (Criminal Procedure) Act 1928 28\n(b) the defendant does not plead guilty to the offence as a result\nof the sentence indication.\n(2) Unless the parties agree, the Court that finally determines the\ncharge must not be constituted by the same Judge who gave the\n60AZB Sentence indication from one Judge only\n(a) the Court gives a sentence indication (the original sentence\nindication); and\n(b) the defendant does not plead guilty to the offence as a result\nof the original sentence indication.\n(2) Subject to section 60AZC(2), the defendant may apply for another\nsentence indication (the later sentence indication) only if:\n(a) the Court is constituted by the same Judge as the one who\ngave the original sentence indication; and\n(b) there has been a change in circumstances that is likely to\nmaterially affect the appropriateness of the original sentence\nindicated.\n(3) This Subdivision applies to a later sentence indication in the same\nway as it applies to a sentence indication.\n60AZC Constitution of Court to withdraw sentence indication,\nsentence or give later sentence indication\n(1) The Court may be constituted otherwise than as required by\nsection 60AW(4)(a) or 60AZ(2)(a) if the Judge who constituted the\nCourt that gave the sentence indication is unable to withdraw the\nsentence indication or impose the sentence.\n(2) The Court may be constituted otherwise than as mentioned in\nsection 60AZB(2)(a) if the Judge who constituted the Court that\ngave the original sentence indication is unable to give the later\n(2) For this section, a Judge is unable to withdraw the sentence\nindication, impose the sentence or give the later sentence indication\nif the Judge:\n(a) has died or ceased to hold office; or\n\nLocal Court (Criminal Procedure) Act 1928 29\n(b) is, by reason of illness, injury or other cause, unlikely to be\nable to constitute the Court within a reasonable time.\n","sortOrder":31},{"sectionNumber":"62","sectionType":"section","heading":"On non-appearance of defendant Court may issue warrant or","content":"62 On non-appearance of defendant Court may issue warrant or\nproceed ex parte\nIf the defendant fails to appear in obedience to the summons the\nCourt may:\n(a) issue a warrant as provided by section 58, and adjourn the\nhearing until the defendant is apprehended; or\n(b) upon proof that the summons was served a reasonable time\nbefore the time thereby appointed for his appearance, subject\nto section 62AB proceed ex parte to the hearing of the\ncomplaint and to adjudicate thereon as fully and effectually, to\nall intents and purposes, as if the defendant had personally\nappeared before it in obedience to the summons.\n","sortOrder":32},{"sectionNumber":"62A","sectionType":"section","heading":"Procedure where person granted bail fails to appear","content":"62A Procedure where person granted bail fails to appear\nIf a defendant who has been apprehended, whether under or\nwithout a warrant, and released on bail in accordance with the Bail\nAct 1982, fails to appear in accordance with his bail undertaking,\nthe Court, in addition to issuing a warrant under section 39 of that\nAct, may:\n(a) adjourn the hearing until the defendant is apprehended; or\n(b) subject to section 62AB, proceed ex parte to the hearing of the\ncomplaint and may adjudicate on the complaint as fully and\neffectually, to all intents and purposes, as if the defendant had\nappeared in accordance with his bail undertaking.\n62AB Ex parte proceedings\n(1) Where the Court proceeds ex parte in pursuance of, and in\naccordance with, section 62(b) or 62A(b) to hear and adjudicate\nupon a complaint, it may in so doing, in respect of the complaint,\nregard:\n(a) an allegation contained in the summons as served upon the\ndefendant to which that complaint relates; or\n(b) an allegation contained in that complaint where that complaint\nis a complaint made on oath in accordance with the\nrequirements of section 50(3)(b); or\n\nLocal Court (Criminal Procedure) Act 1928 30\n(c) oral evidence,\nas evidence of the matter alleged.\n(2) For the purposes of subsection (1)(a) and (b), an allegation is\ncontained in a summons or complaint if it is contained in, annexed\nto, or accompanies the summons or complaint.\n(3) An allegation referred to in subsection (1) may include particulars of\nthe alleged offence and of the circumstances in which it is alleged\nto have been committed.\n(4) Where the Court finds a charge proved in ex parte proceedings\nunder section 62(b) or 62A(b), heard and adjudicated upon in\naccordance with this section, the prosecutor may recite to the Court\na relevant matter alleged against the defendant to which those\nproceedings relate as if that defendant had personally appeared\nand pleaded guilty.\n","sortOrder":33},{"sectionNumber":"63","sectionType":"section","heading":"If the complainant does not appear, Court to dismiss","content":"63 If the complainant does not appear, Court to dismiss\ncomplaint, or at discretion adjourn hearing\nIf the defendant appears in obedience to the summons, or is\nbrought before the Court by virtue of any warrant, then if the\ncomplainant, having had due notice, does not appear in person or\nby the complainant's legal practitioner, the Court shall dismiss the\ncomplaint, unless for some reason it thinks proper to adjourn the\nhearing.\n","sortOrder":34},{"sectionNumber":"63A","sectionType":"section","heading":"Certain decisions of Court may be set aside on application by","content":"63A Certain decisions of Court may be set aside on application by\ndefendant or complainant\n(1AA) This section applies if the Court has:\n(a) proceeded ex parte, under section 62(b) or 62A(b), to hear\nand adjudicate on a complaint and has found the defendant\nguilty of the offence or made an order against the defendant to\nwhich the complaint relates; or\n(b) proceeded ex parte, under section 191, to hear and adjudicate\non an offence specified in a notice to appear and has found\nthe defendant guilty of the offence or made an order against\nthe defendant to which the notice to appear relates; or\n(c) dismissed a complaint under section 63(1) or the proceedings\nfor the notice to appear under section 190(4) (each of which is\na dismissal).\n\nLocal Court (Criminal Procedure) Act 1928 31\n(1) The defendant in relation to a finding of guilt or order may, not later\nthan 1 month after the finding of guilt or order comes to the\ndefendant's notice, apply to the Court to set aside that finding or\norder.\n(1A) The complainant in relation to a dismissal may, not later than\n1 month after the dismissal comes to the complainant's notice,\napply to the Court to set aside the dismissal.\n(1B) An application mentioned in subsection (1) or (1A) must be in\nwriting and state the grounds of the application.\n(2) If an application is made under subsection (1) or (1A), the relevant\nregistrar must:\n(a) appoint a time and place for the hearing of the application; and\n(b) give written notice to the person who made the application of\nthe time and place so appointed.\n(3) Where a defendant who has made an application referred to in\nsubsection (1) is in custody pursuant to the finding of guilt or order\nto which the application relates, the Court may, upon application by\nthe defendant, if satisfied that that first-mentioned application has\nbeen duly made and that that defendant is not in custody for some\nother cause, grant the defendant bail in accordance with the Bail\nAct 1982.\n(4) Where a defendant is in custody pursuant to a finding of guilt or\norder mentioned in subsection (1AA)(a) or (b), the Commissioner of\nCorrectional Services, or a person authorised in writing by the\nCommissioner for that purpose, must, at the request of that\ndefendant, as soon as practicable, make all necessary\narrangements:\n(a) for the purpose of allowing service of an application referred to\nin subsection (1); and\n(b) for the purpose of allowing that defendant to make an\napplication referred to in subsection (3).\n(5) A defendant who has served an application referred to in\nsubsection (1) and who is not granted bail pursuant to\nsubsection (3) must, pending the determination under\nsubsection (7) of the application and for so long as the defendant is\nnot in custody for some other cause, be treated in the same manner\nas a person who is in custody pursuant to section 60(1).\n\nLocal Court (Criminal Procedure) Act 1928 32\n(6) Where, as a result of a determination under subsection (7), a\ndefendant is required to serve a term of imprisonment, the period, if\nany, during which the defendant is in custody pending the\ndetermination must count as part of the whole term.\n(7) At the time and place appointed under subsection (2) for the\nhearing of an application referred to in subsection (1) or (1A), the\nCourt must, unless the applicant to which the application relates\nwas a defendant who was, under subsection (3), granted bail in\naccordance with the Bail Act 1982 and who fails to appear in\naccordance with the defendant's bail undertaking, proceed to hear\nand determine that application:\n(a) by refusing that application; or\n(b) by adjourning the hearing of that application to a time and\nplace appointed by the Court, and giving to the other party\nwritten notice:\n(i) of that time and place; and\n(ii) that that other party may, if the other party thinks fit, at\nthat time and place appear to oppose that application,\nand the Court must then and there set aside the finding of guilt\nor order, or dismissal, as the case may be, to which that\napplication relates, on such terms and conditions as the Court\nthinks fit, or the Court may refuse to set aside that finding of\nguilt or order, or dismissal.\n(8) The Court may, in making a determination under subsection (7),\nmake such order as to costs as it thinks fit.\n(9) Where an application referred to in subsection (1) relates to a\nfinding of guilt or order against the applicant and the finding of guilt\nor order imposed a sentence of imprisonment but that applicant\nwas, under subsection (3), granted bail in accordance with the\nBail Act 1982 and the Court, in determining under subsection (7)\nthe application:\n(a) refuses, under subsection (7)(a), that application; or\n(b) refuses, under subsection (7)(b), to set aside that finding of\nguilt or order,\nit must order the return of the applicant to custody according to the\nfinding of guilt or order to which that application relates.\n\nLocal Court (Criminal Procedure) Act 1928 33\n(10) In this section:\ncomplainant, in circumstances relating to a notice to appear,\nincludes a complainant as defined in section 189.\ndefendant, in circumstances relating to a notice to appear, includes\na person who fails to appear as required by the notice to appear.\nnotice to appear, see section 189.\n","sortOrder":35},{"sectionNumber":"64","sectionType":"section","heading":"If both parties appear, Court to hear and determine the case","content":"64 If both parties appear, Court to hear and determine the case\nIf both parties appear before the Court, either in person or by their\nrespective legal practitioners, then the Court shall proceed to hear\nand determine the matter of the complaint.\n","sortOrder":36},{"sectionNumber":"65","sectionType":"section","heading":"Power of the Court to adjourn hearing","content":"65 Power of the Court to adjourn hearing\n(1) The hearing of a complaint may be adjourned by the Court from\ntime to time, and at any time before it is completed.\n(2) Every such adjournment shall be to a time and place appointed and\nstated by the Court in the presence and hearing of the party or\nparties then present.\n(3) The adjournment shall be allowed upon such (if any) terms as the\nCourt thinks fit, and in the meantime the Court may remand the\ndefendant into custody, grant him bail in accordance with the Bail\nAct 1982, or dispense with the requirements for bail pursuant to the\nBail Act 1982.\n(4) The Court may, in any case where the defendant has been\nremanded into custody, order the defendant to be brought before\nthe Court for the hearing or the continuation of the hearing at any\ntime before the expiration of the period for which the hearing has\nbeen adjourned, and the Commissioner of Correctional Services or\nany officer in whose custody the defendant is shall duly obey the\norder.\n(5) If a defendant, who has been released on bail in accordance with\nthe Bail Act 1982 or in respect of whom the requirement of bail has\nbeen dispensed with pursuant to that Act, fails to appear at the time\nand place appointed under subsection (2):\n(a) the Court may issue a warrant for the apprehension of the\ndefendant and further adjourn the hearing until he is\napprehended; or\n\nLocal Court (Criminal Procedure) Act 1928 34\n(b) the Court may proceed ex parte to the hearing of the\ncomplaint and may adjudicate on the complaint as fully and\neffectually, to all intents and purposes, as if the defendant had\nappeared at that time and place.\n(6) If the defendant is by virtue of a warrant issued under\nsubsection (5) brought before the Court, the Court shall hear the\ncase or continue the hearing as if there had been no adjournment.\n(8) Instead of issuing a warrant as provided in subsection (5), the Court\nmay issue a summons for the appearance of the defendant at the\ntime and place mentioned in the summons.\n(9) If the defendant appears before the Court, the Court shall hear the\ncase or continue hearing as if there had been no adjournment.\n(11) If a defendant summoned under subsection (8) fails to appear in\nobedience to the summons, the Court before which he is\nsummoned may proceed in the manner provided by section 62.\n(12) If a defendant appears at the time and place appointed under\nsubsection (2) and the complainant, having had due notice, does\nnot appear in person or by the complainant's legal practitioner, the\nCourt shall dismiss the complaint, unless for some reason it thinks it\nproper to further adjourn the hearing.\n(13) The Court, on being satisfied that a defendant who has been\nremanded into custody is by reason of illness or accident unable at\nthe expiration of the period for which the defendant was remanded\nto appear personally before the Court, may in the absence of the\ndefendant order the defendant to be kept in custody for such further\nperiod as the Court deems reasonable, but not exceeding 15 clear\ndays at any one time, unless both parties consent to a longer\nperiod.\n","sortOrder":37},{"sectionNumber":"67","sectionType":"section","heading":"When defendant pleads guilty Court to find guilty or make an","content":"67 When defendant pleads guilty Court to find guilty or make an\norder\n(1) When the defendant is present at the hearing the substance of the\ncomplaint shall be stated to him, and he shall be asked if he has\nany cause to show why he should not be found guilty or why an\norder should not be made against him (as the case may be).\n(2) If the defendant admits the truth of the complaint, and shows no\nsufficient cause why he should not be found guilty, or why an order\nshould not be made against him, the Court shall find him guilty or\nmake an order against him accordingly.\n\nLocal Court (Criminal Procedure) Act 1928 35\n","sortOrder":38},{"sectionNumber":"68","sectionType":"section","heading":"If defendant pleads not guilty Court to hear parties and their","content":"68 If defendant pleads not guilty Court to hear parties and their\nevidence\n(1) If the defendant does not admit the truth of the complaint the Court\nshall proceed to hear:\n(a) the complainant and his witnesses and any other evidence\nwhich he adduces in support of his complaint; and\n(b) the defendant and his witnesses and any other evidence\nwhich he adduces in his defence; and\n(c) any evidence which the complainant adduces in reply if the\ndefendant adduces any evidence other than as to his, the\ndefendant's, general character.\n(3) The practice before the Court upon the hearing of any complaint\nwith respect to the examination, cross-examination and\nre-examination of witnesses and the right of addressing the Court in\nreply or otherwise shall be in accordance as nearly as may be with\nthe practice for the time being of the Supreme Court upon trials at\nthe criminal sittings of that Court.\n","sortOrder":39},{"sectionNumber":"69","sectionType":"section","heading":"After hearing the parties Court to find guilty or dismiss","content":"69 After hearing the parties Court to find guilty or dismiss\nWhen the parties and their evidence have been heard, the Court\nshall consider and determine the whole matter, and shall find the\ndefendant guilty or make an order against the defendant or dismiss\nthe complaint, as the case may require: Provided that the Court\nmay, at any time before the matter has been finally determined,\npermit the complaint to be withdrawn, upon such terms (if any) as it\nthinks fit.\n","sortOrder":40},{"sectionNumber":"70","sectionType":"section","heading":"Finding of guilt to be minuted","content":"70 Finding of guilt to be minuted\n(1) When the Court finds the defendant guilty or makes an order\nagainst the defendant a minute or memorandum of the finding of\nguilt or order shall then be made.\n(2) No fee shall be paid for any minute or memorandum under this\nsection.\n","sortOrder":41},{"sectionNumber":"70A","sectionType":"section","heading":"Findings of guilt where charges joined in the complaint","content":"70A Findings of guilt where charges joined in the complaint\n(1) Where charges for more than one offence have been joined in the\nsame complaint, pursuant to this Act, the Court may:\n(a) find the defendant guilty of such one or more of those offences\n\nLocal Court (Criminal Procedure) Act 1928 36\nas it finds proved; and\n(b) include any number of offences in a minute or memorandum\nof a finding of guilt or in any formal finding of guilt.\n(2) This section shall apply notwithstanding anything contained in any\nother Act.\n","sortOrder":42},{"sectionNumber":"71","sectionType":"section","heading":"Order and certificate of dismissal","content":"71 Order and certificate of dismissal\n(1) If the Court dismisses the complaint a minute or memorandum of\nthat fact shall be made and the Court may, on being required to do\nso and if it thinks fit, draw up an order of dismissal and give the\ndefendant a certificate thereof.\n(2) A certificate of dismissal shall, upon production and without further\nproof, be a bar to any subsequent complaint for the same matter\nagainst the same party.\n","sortOrder":43},{"sectionNumber":"72","sectionType":"section","heading":"Furnishing of copy of complaint and conviction or order to","content":"72 Furnishing of copy of complaint and conviction or order to\ninterested party\nEvery party interested in any finding of guilt or order shall be\nentitled to demand and have copies of the complaint and of the\nfinding of guilt order (as the case may be), and a registrar must\nfurnish the copies upon payment of the fees authorised in that\nbehalf.\n\nLocal Court (Criminal Procedure) Act 1928 37\n","sortOrder":44},{"sectionNumber":"77","sectionType":"section","heading":"Power to award costs to defendant","content":"77 Power to award costs to defendant\n(1) Subject to subsection (2) and section 77A, the Court may order a\ncomplainant to pay to a defendant the costs it thinks fit if:\n(a) the Court dismisses the charge of any offence on the\ncomplaint; or\n(b) the complaint is withdrawn.\n(2) The Court shall not make an order for costs under subsection (1) if:\n(a) the defendant's actions or omissions in connection with the\nalleged offence were, in the opinion of the Court:\n(i) unreasonable in the circumstances; and\n(ii) contributed to the institution or continuation of the\nproceedings; or\n(b) the defendant's actions or omissions during the course of the\nproceedings or in the conduct of the defence were, in the\nopinion of the Court, calculated to unnecessarily prolong the\nproceedings or cause unnecessary expense; or\n(c) in the opinion of the Court, there was sufficient evidence to\nsupport a finding of guilt but the defendant was entitled to a\ndismissal because of a minor procedural irregularity.\n","sortOrder":45},{"sectionNumber":"77A","sectionType":"section","heading":"Power to award costs against defendant","content":"77A Power to award costs against defendant\nSubject to section 77C, where the Court finds a defendant guilty of\nan offence, it may order the defendant to pay to the complainant\nsuch costs as it thinks fit.\n","sortOrder":46},{"sectionNumber":"77B","sectionType":"section","heading":"Costs of adjournment","content":"77B Costs of adjournment\nWhere proceedings are adjourned, the Court may, whether or not\nthe defendant is subsequently found guilty of the offence with which\nhe or she is charged, make an order for costs against the party who\nrequested the adjournment.\n","sortOrder":47},{"sectionNumber":"77C","sectionType":"section","heading":"Limitation on amount of costs","content":"77C Limitation on amount of costs\nThe amount that the Court may order for costs under section 77,\n77A or 77B shall not exceed the amount calculated in accordance\nwith the prescribed scale.\n\nLocal Court (Criminal Procedure) Act 1928 38\n","sortOrder":48},{"sectionNumber":"78","sectionType":"section","heading":"Manner of enforcing payment of costs","content":"78 Manner of enforcing payment of costs\n(1) If the complainant is a law enforcement officer within the meaning\nof the Fines and Penalties (Recovery) Act 2001 and the Court\norders the defendant to pay costs under section 77A or 77B, the\ncosts may be enforced under that Act unless the Court orders\nimprisonment in default in accordance with subsection (2).\n(2) The Court may order that if the amount a person is ordered to pay\nis not paid within 28 days, the person is to be imprisoned until his or\nher liability to pay the amount ordered is discharged.\n(3) If the Court makes an order under subsection (2) and the person\ndoes not pay the amount ordered within 28 days, the Court may\nissue a warrant of commitment in respect of the person specifying\nthe period of imprisonment calculated on the basis of the amount\nordered as follows:\n(a) the period is to be one day for each amount (or part of that\namount) prescribed for the purposes of section 88 of the Fines\nand Penalties (Recovery) Act 2001 that comprises the amount\nordered;\n(b) the period is not to be less than one day;\n(c) the period is not to exceed 3 months.\n(4) If the person serves the total period of imprisonment under a\nwarrant under subsection (2), the amount ordered is taken to be\nsatisfied.\n(5) If the person serves part of the period of imprisonment under a\nwarrant under subsection (2), the amount ordered is taken to be\npartially satisfied by the amount calculated at the rate prescribed for\nthe purposes of section 88 of the Fines and Penalties (Recovery)\nAct 2001 for each day actually served.\n(6) Unless otherwise ordered by the Court, any period of imprisonment\nthat the person has to serve as a result of an order under\nsubsection (2) is to be served:\n(a) cumulatively on any incomplete sentence or sentences of\nimprisonment imposed on the person for the default of a\npayment of a fine or sum of money; and\n(b) concurrently with any incomplete sentence or sentences of\nimprisonment imposed on the person other than for the default\nof a payment of a fine or sum of money, whether the other\nsentence was or the other sentences were imposed before or\nat the same time as that term.\n\nLocal Court (Criminal Procedure) Act 1928 39\n","sortOrder":49},{"sectionNumber":"78A","sectionType":"section","heading":"Civil enforcement of costs","content":"78A Civil enforcement of costs\nIf the complainant is not a law enforcement officer within the\nmeaning of the Fines and Penalties (Recovery) Act 2001 and the\nCourt orders the defendant to pay costs under section 77A or 77B,\nthe amount ordered, if not paid within 28 days, is enforceable under\n","sortOrder":50},{"sectionNumber":"Part 7","sectionType":"part","heading":"of that Act.","content":"Part 7 of that Act.\n","sortOrder":51},{"sectionNumber":"79","sectionType":"section","heading":"Enforcing costs payable by complainant","content":"79 Enforcing costs payable by complainant\nPayment of any costs ordered to be paid by a complainant to a\ndefendant under section 77 or 77B are, if not paid within 28 days,\nenforceable under Part 7 of the Fines and Penalties (Recovery)\nAct 2001.\n","sortOrder":52},{"sectionNumber":"100","sectionType":"section","heading":"Definitions","content":"100 Definitions\nIn this Part:\ncommittal date means the date fixed for the commencement of a\npreliminary examination.\nhanded-up witness statement means a statement of a listed\nwitness, a copy or transcript of which was included in the committal\nbrief in accordance with section 105D(1)(e) or 105E.\nlisted exhibit, means a document or thing on the list included in\nthe committal brief under section 105D(1)(d)(ii) or any updated or\nsupplementary list under section 105E.\nlisted witness, means a person on the list included in the\ncommittal brief under section 105D(1)(d)(i) or any updated or\nsupplementary list under section 105E.\nprosecutor means the informant or a legal practitioner acting for\nthe informant.\nrecorded, for a statement, means recorded by audio or\naudio-visual means.\n\nLocal Court (Criminal Procedure) Act 1928 40\n","sortOrder":53},{"sectionNumber":"101","sectionType":"section","heading":"Information on indictable offence","content":"101 Information on indictable offence\nAn information may be laid in any case where:\n(a) any person is suspected to have committed an indictable\noffence within the Territory; or\n(b) any person suspected to be guilty of having committed any\nsuch offence out of the Territory (of which offence cognisance\nmay be taken by a court of the Territory) is or is suspected to\nbe within the Territory.\n","sortOrder":54},{"sectionNumber":"101A","sectionType":"section","heading":"Joinder of charges","content":"101A Joinder of charges\n(1) Charges for any offences may be joined in the same information if\nthe charges are founded on the same facts or form or are part of a\nseries of offences of the same or a similar character.\n(2) The Court may, if it thinks just, deal with any charge so joined\nseparately.\n","sortOrder":55},{"sectionNumber":"102","sectionType":"section","heading":"If warrant to issue information to be upon oath; otherwise oath","content":"102 If warrant to issue information to be upon oath; otherwise oath\nnot necessary\n(1) If it is intended to issue a warrant in the first instance, as hereinafter\nprovided, the information shall be in writing, and the matter thereof\nshall be substantiated by the oath of the informant or a witness.\n(2) In any other case the information may be by parole and without any\noath.\n","sortOrder":56},{"sectionNumber":"103","sectionType":"section","heading":"Issue of warrant in first instance","content":"103 Issue of warrant in first instance\nWhenever an information is laid and the matter thereof is\nsubstantiated by the oath of the informant or a witness, the Court\nmay, if the defendant is not then in custody, issue a warrant, in the\nfirst instance, for the apprehension of the defendant.\n","sortOrder":57},{"sectionNumber":"104","sectionType":"section","heading":"Issue of summons","content":"104 Issue of summons\nWhenever an information is laid, if the defendant is not then in\ncustody, a Judge, registrar or JP may issue a summons for the\nappearance of the defendant.\n\nLocal Court (Criminal Procedure) Act 1928 41\n","sortOrder":58},{"sectionNumber":"105","sectionType":"section","heading":"Issue of warrant","content":"105 Issue of warrant\n(1) If after being duly served with a summons the defendant fails to\nappear in obedience thereto, and if the matter of the information is\nor has been substantiated by the oath of the informant or a witness,\nthe Court may issue a warrant to apprehend the defendant.\n(2) Notwithstanding anything herein contained the Court may issue a\nwarrant, before or after the time appointed in a summons, for the\nappearance of a defendant against whom an information for an\nindictable offence has been duly laid and substantiated as provided\nin this Act.\n","sortOrder":59},{"sectionNumber":"105A","sectionType":"section","heading":"Preliminary examination to be conducted","content":"105A Preliminary examination to be conducted\nIf an information is laid under section 101 for an indictable offence,\na preliminary examination must be conducted by the Court unless:\n(a) an indictment for the offence signed under section 300 of the\nCriminal Code has been presented; or\n(b) the offence is dealt with under Division 2.\n","sortOrder":60},{"sectionNumber":"105B","sectionType":"section","heading":"Youth and adult charged – joint preliminary examination","content":"105B Youth and adult charged – joint preliminary examination\n(a) a youth, as defined in the Youth Justice Act 2005, and an\nadult are charged with offences founded on the same facts;\nand\n(b) under the Youth Justice Act 2005 the charge against the youth\nis to be dealt with by way of preliminary examination; and\n(c) under this Act the charge against the adult is to be dealt with\nby way of preliminary examination.\n(2) If this section applies, the 2 preliminary examinations may be\nconducted by the Court as a joint preliminary examination.\n(3) When conducting a joint preliminary examination:\n(a) for the charge against the youth – the presiding Judge\nconstitutes the Youth Justice Court and must deal with the\nmatter under the Youth Justice Act 2005; and\n(b) for the charge against the adult – the presiding Judge\nconstitutes the Court and must deal with the matter under this\nAct.\n\nLocal Court (Criminal Procedure) Act 1928 42\n(4) The Court conducting a joint preliminary examination may, at any\nstage, disjoin the examinations and deal with the defendants\nseparately if satisfied it would be in the interests of justice to do so.\n(5) When a joint preliminary examination is conducted, the\nexamination:\n(a) in so far as it relates to the youth, is a preliminary examination\nunder the Youth Justice Act 2005; and\n(b) in so far as it relates to the adult, is a preliminary examination\nunder this Act.\n","sortOrder":61},{"sectionNumber":"105C","sectionType":"section","heading":"Prosecutor to serve committal brief","content":"105C Prosecutor to serve committal brief\n(1) If a preliminary examination must be conducted, the prosecutor\nmust serve on the defendant a committal brief that complies with\nsection 105D.\n(2) Subject to sections 105D(2) and 105E, the committal brief must be\nserved on the defendant at least 28 days before the committal date\nunless:\n(a) the Court fixes a different period for service; or\n(b) the defendant consents to a shorter period of service.\n(3) A committal brief must be served:\n(a) if the defendant is not represented by a legal practitioner – on\nthe defendant personally; or\n(b) if the defendant is represented by a legal practitioner – on the\nlegal practitioner personally or by post.\n(4) The prosecutor must file a copy of the committal brief at the Court\nas soon as practicable after it is served under subsection (3).\n","sortOrder":62},{"sectionNumber":"105D","sectionType":"section","heading":"Content of committal brief","content":"105D Content of committal brief\n(1) A committal brief must contain all of the following:\n(a) a copy of the information for the charge to which the\npreliminary examination relates;\n(b) a notice stating a preliminary examination is to be conducted\nand where and when it will take place;\n\nLocal Court (Criminal Procedure) Act 1928 43\n(c) a notice, in the form prescribed by the Rules under section 48\nof the Local Court Act 2015, explaining:\n(i) the purpose and nature of a preliminary examination;\nand\n(ii) that the prosecution's evidence will include the written or\nrecorded statements of the listed witnesses and any\nlisted exhibits; and\n(iii) the defendant's rights and obligations under\nsections 105G to 105L;\n(d) a list of:\n(i) the persons whose statements the prosecutor proposes\nto tender as evidence at the preliminary examination (the\nlisted witnesses); and\n(ii) any other documents or things the prosecutor proposes\nto tender as evidence at the preliminary examination (the\nlisted exhibits);\n(e) for each listed witness – the documents required by\nsection 105F(1) to (3) (as appropriate);\n(f) for each listed exhibit – the information required by\nsection 105F(4).\n(2) Despite subsection (1), if it is not reasonably practicable for a\ndocument mentioned in subsection (1)(e) or (f) to be included in the\ncommittal brief when it is served:\n(a) the document need not be included in the committal brief\nwhen it is served; but\n(b) the prosecutor must serve the document on the defendant as\nsoon as it becomes practicable to do so.\n(3) A document required by subsection (2) to be served on the\n(a) must be served as provided in section 105C(3) for service of\nthe committal brief; and\n(b) when served, forms part of the committal brief.\n\nLocal Court (Criminal Procedure) Act 1928 44\n","sortOrder":63},{"sectionNumber":"105E","sectionType":"section","heading":"Continuing obligation to update committal brief","content":"105E Continuing obligation to update committal brief\n(1) This section applies if, after the committal brief is served, there is\nany change as to:\n(a) who the persons are whose statements the prosecutor\nproposes to tender as evidence at the preliminary\nexamination; or\n(b) what other documents or things the prosecutor proposes to\ntender as evidence at the preliminary examination.\n(2) If this section applies, the prosecutor must:\n(a) update the list mentioned in section 105D(1)(d) or prepare a\nsupplementary list; and\n(b) serve on the defendant:\n(i) the updated or supplementary list; and\n(ii) the documents mentioned in section 105D(1)(e) or (f) (as\nappropriate) for any witness or exhibit added to the list.\n(3) A document required by subsection (2) to be served on the\n(a) must be served as provided in section 105C(3) for service of\nthe committal brief; and\n(b) when served, forms part of the committal brief.\n","sortOrder":64},{"sectionNumber":"105F","sectionType":"section","heading":"Requirements for witness statements and exhibits","content":"105F Requirements for witness statements and exhibits\n(1) For each listed witness, the committal brief must contain:\n(a) if the witness' statement is written – a copy of the statement\nthat complies with subsections (2) and (3); or\n(b) if the witness' statement is recorded:\n(i) a transcript of the recording; and\n(ii) a statutory declaration made by the witness declaring\nthat the recorded statement is true.\nNote for subsection (1)\nA transcript is not required for a recorded statement under Part 3A of the\nEvidence Act 1939 in a domestic violence offence proceeding – see\nsection 21N(1) of that Act.\n\nLocal Court (Criminal Procedure) Act 1928 45\n(2) A written witness statement must be in the form of, or accompanied\nby, a statutory declaration made by the witness declaring:\n(a) that the witness has read the statement or, if the witness\ncannot read, that the statement has been read to him or her;\nand\n(b) that the statement is true.\n(3) If a listed witness is a child, the witness' statement:\n(a) need not be, or be accompanied by, a statutory declaration;\nbut\n(b) must contain, or be accompanied by, a written statement of\nthe witness' age.\n(4) For each listed exhibit, the committal brief must contain:\n(a) if the exhibit is a document – a copy of the document; or\n(b) if the exhibit is not a document – a description of the exhibit\n(which may be included in the list under section 105D(1)(d)) or\na photograph of the exhibit.\n(5) The prosecutor must give to the defendant and the defendant's\nlegal practitioner reasonable opportunity before the committal date\nto:\n(a) listen to, and for an audio-visual recording, view, any recorded\nstatements of listed witnesses; and\n(b) inspect any listed exhibits.\n(6) In this section:\nstatutory declaration includes an affidavit.\n","sortOrder":65},{"sectionNumber":"105G","sectionType":"section","heading":"Defendant may apply for leave to cross-examine witness","content":"105G Defendant may apply for leave to cross-examine witness\n(1) The defendant may apply to the Court for leave to cross-examine a\nlisted witness.\n(2) An application for leave to cross-examine must be made at least\n14 days before the committal date.\n(3) The Court may permit the defendant to make a late application for\nleave to cross-examine if satisfied that it is in the interests of justice\nto do so, having regard to the reason why the application was not\nmade in time.\n\nLocal Court (Criminal Procedure) Act 1928 46\n","sortOrder":66},{"sectionNumber":"105H","sectionType":"section","heading":"Leave to cross-examine witness","content":"105H Leave to cross-examine witness\n(1) The defendant cannot cross-examine a witness at a preliminary\nexamination unless:\n(a) the defendant applies under section 105G or 105J(9)(b) for\nleave to cross-examine; and\n(b) the Court grants leave under this section.\n(2) If the prosecutor consents to leave being granted, the Court must\ngrant leave unless satisfied it would not be in the interests of justice\nto do so.\n(3) If the prosecutor does not consent to leave being granted, the Court\nmust not grant leave unless satisfied:\n(a) the defendant:\n(i) has identified an issue to which the proposed\ncross-examination relates; and\n(ii) has provided a reason why the evidence of the witness\nis relevant to that issue; and\n(b) cross-examination of the witness on that issue is justified\nhaving regard to the matters mentioned in subsections (4)\nand (5).\n(4) In determining whether cross-examination is justified, the Court\nmust have regard to the need to ensure that:\n(a) the prosecution case is adequately disclosed; and\n(b) the issues are adequately defined; and\n(c) the evidence is sufficient to put the defendant on trial for any\nindictable offence; and\n(d) a fair trial will take place if the matter proceeds to trial,\nincluding that the defendant will be able adequately to prepare\nand present a defence; and\n(e) any matters relevant to a potential plea of guilty are clarified;\nand\n(f) any matters relevant to a potential discontinuance of\nprosecution are clarified; and\n(g) trivial, vexatious or oppressive cross-examination is not\npermitted; and\n\nLocal Court (Criminal Procedure) Act 1928 47\n(h) any mental, intellectual or physical disability to which the\nwitness is or appears to be subject and of which the Court is\naware is taken into consideration; and\n(i) the interests of justice are otherwise served.\n(5) If the witness is a child, the Court must also have regard to:\n(a) the need to minimise the trauma that might be experienced by\nthe witness in giving evidence; and\n(b) any relevant condition or characteristic of the witness,\nincluding age, culture, personality, education and level of\nunderstanding; and\n(c) the importance of the witness to the case for the prosecution;\nand\n(d) the existence or lack of evidence that corroborates the\nproposed evidence of the witness; and\n(e) the extent of any proposed admissions; and\n(f) the probative value of the proposed evidence of the witness;\nand\n(g) the issues in dispute; and\n(h) the weight of the proposed evidence of the witness; and\n(i) any statements of other witnesses that contradict the\nproposed evidence of the witness.\n(6) If leave to cross-examine a witness is granted, the witness must\nattend at the time and place fixed for the giving of evidence by the\n(7) If a witness does not attend a preliminary examination when\nrequired to do so:\n(a) the Court may continue the preliminary examination in the\nabsence of the witness; but\n(b) the witness' handed-up witness statement is then inadmissible\nas evidence in the preliminary examination.\n","sortOrder":67},{"sectionNumber":"105J","sectionType":"section","heading":"Prosecution evidence","content":"105J Prosecution evidence\n(1) A handed-up witness statement must be admitted at the preliminary\nexamination as the evidence-in-chief of the witness as if the witness\nhad appeared before the Court and given evidence orally.\n\nLocal Court (Criminal Procedure) Act 1928 48\n(2) If a handed-up witness statement is admitted under subsection (1),\nany listed exhibit mentioned in the statement must be admitted as if\nit had been mentioned by the witness while giving evidence orally.\n(3) Subsections (1) and (2) apply:\n(a) on proof of service of the handed-up witness statement; and\n(b) subject to subsections (4) and (5) and section 105H(7)(b).\n(4) The Court may refuse to admit all or any part of a handed-up\nwitness statement or a listed exhibit in accordance with any\napplicable rules of evidence.\n(5) The Court may refuse to admit a recorded handed-up witness\nstatement or a listed exhibit if satisfied section 105F(5) has not\nbeen complied with.\n(6) The Court may grant leave to the prosecution for a listed witness to\ngive oral evidence-in-chief supplementary to his or her handed-up\nwitness statement if satisfied it is in the interests of justice to do so.\n(7) The Court may grant leave to the prosecution for a person who is\nnot a listed witness to give evidence if satisfied it is in the interests\nof justice to do so.\n(8) A witness for whom leave is granted under subsection (7) is to give\nthe whole of his or her evidence-in-chief orally.\n(9) If leave is granted under subsection (6) or (7):\n(a) the witness must attend at the time and place fixed for the\ngiving of evidence by the witness; and\n(b) the defendant may apply for leave to cross-examine the\n","sortOrder":68},{"sectionNumber":"105K","sectionType":"section","heading":"Cross-examination of witness","content":"105K Cross-examination of witness\n(1) If leave to cross-examine a listed witness is granted, the\nevidence-in-chief of the witness at the preliminary examination must\nbe confined to the witness:\n(a) identifying himself or herself; and\n(b) attesting to the truthfulness of his or her handed-up witness\nstatement.\n(2) Subsection (1) does not apply to a witness if leave is granted under\nsection 105J(6) or (7) for the witness.\n\nLocal Court (Criminal Procedure) Act 1928 49\n(3) A defendant who is granted leave to cross-examine a witness is not\nlimited to cross-examining the witness on the issue for which leave\nwas granted.\n(4) However, the Court may disallow any question asked during the\ncross-examination if it appears to the Court that:\n(a) the defendant has not:\n(i) identified an issue to which the question relates; and\n(ii) provided a reason why the evidence of the witness is\nrelevant to that issue; or\n(b) the question is not justified having regard to the matters\nmentioned in section 105H(4) and (5).\n(5) A witness cross-examined by the defendant may be re-examined\nby the prosecutor.\n(6) This section does not limit any other power the Court may have to\ndisallow a question asked of a witness.\n","sortOrder":69},{"sectionNumber":"105L","sectionType":"section","heading":"Protected witness cannot be called or examined","content":"105L Protected witness cannot be called or examined\n(1) Despite any other provisions of this Act, a protected witness:\n(a) is not required to attend a preliminary examination; and\n(b) cannot be examined or cross-examined at a preliminary\nexamination.\n(2) In this section:\nprotected witness means:\n(a) if the charge, or any of the charges, the subject of the\npreliminary examination is a charge of a sexual offence:\n(i) a child; or\n(ii) the alleged victim of the offence; or\n(b) if the charge, or any of the charges, the subject of the\npreliminary examination is a charge of a serious violence\noffence – a child.\nsexual offence, see section 3 of the Sexual Offences (Evidence\nand Procedure) Act 1983.\n\nLocal Court (Criminal Procedure) Act 1928 50\n","sortOrder":70},{"sectionNumber":"106A","sectionType":"section","heading":"Powers of Court to take plea of guilty without evidence","content":"106A Powers of Court to take plea of guilty without evidence\n(1) Where the defendant appears before the Court on a charge that\nmay be heard and determined summarily under section 120, 121A\nor 131A, if the Court is constituted by a Judge the defendant may at\nany stage of the proceedings, and whether any statement has been\ntaken from any witness or not, may plead guilty to the offence or\nany of the offences charged against him or her, and the Court at the\ncommencement of the proceedings is to inform the defendant of his\nor her right so to plead.\n(2) If the defendant pleads guilty to such an offence:\n(b) the procedure and powers of the Court shall be the same, and\nthe provisions of this Act shall apply, as if the charge were a\ncomplaint for a summary offence; and\n(c) sections 130A, 131, 132 and 133 shall, so far as they are\napplicable, apply in respect of the offence,\nbut the plea of guilty may be withdrawn as provided in\nsubsection (3).\n(3) If after the defendant has so pleaded guilty to an offence, the Court,\non consideration of any facts stated by the prosecution or given in\nevidence, is of the opinion that the time for taking the plea should\nbe postponed, the Court may order that the plea of guilty be\nwithdrawn and thereupon all further proceedings in respect of the\noffence are to be conducted in accordance with this Part; but if any\nsuch further proceedings are taken the defendant is not, by reason\nof his or her plea of guilty, entitled to plead autrefois convict.\n","sortOrder":71},{"sectionNumber":"109","sectionType":"section","heading":"Procedure on completion of the evidence for the prosecution","content":"109 Procedure on completion of the evidence for the prosecution\n(1) When all the evidence offered upon the part of the prosecution has\nbeen taken, the Court must consider whether it is sufficient to put\nthe defendant on trial for any indictable offence.\n(2) If the Court is of the opinion that the evidence is not so sufficient, it\nshall forthwith order the defendant, if in custody, to be discharged\nas to the information then under inquiry.\n(3) If the Court is of opinion that the evidence is so sufficient, the Court\nmay:\n(a) if the charge is one that may be heard and determined\nsummarily under Division 2 – proceed in the manner directed\nand under the provisions in that behalf contained in Division 2;\nor\n\nLocal Court (Criminal Procedure) Act 1928 51\n(b) unless the defendant is charged with an offence punishable by\nimprisonment for life, ask the defendant whether the\ndefendant wishes to plead to the charge as provided in\nDivision 3, and proceed as thereby directed; or\n(c) proceed with the examination as provided in the next\nsucceeding sections.\n","sortOrder":72},{"sectionNumber":"110","sectionType":"section","heading":"Defendant may give evidence and call witnesses","content":"110 Defendant may give evidence and call witnesses\n(1) If the Court proceeds with a preliminary examination under\nsection 109(3)(c) it must explain to the defendant, in a way\nreasonably likely to be understood by the defendant, that:\n(a) the defendant has the right to answer the charge; and\n(b) the defendant may give evidence on oath in his or her\ndefence, but is not required to do so; and\n(c) if the defendant chooses to give evidence:\n(i) he or she may be questioned by the Court and\ncross-examined by the prosecution; and\n(ii) anything the defendant says will be recorded and may\nbe given in evidence at trial; and\n(d) the defendant may call other witnesses to give evidence on\noath in his or her defence, but is not required to do so.\n(2) The Court need not give the explanation required by subsection (1)\nif the defendant is represented by a legal practitioner and the Court\nis satisfied the matters mentioned in subsection (1) have been\nadequately explained to the defendant by the legal practitioner.\n(3) After giving the explanation required by subsection (1), or\ndispensing with it under subsection (2), the Court must give the\ndefendant the opportunity to give evidence and call any witnesses.\n(4) If the defendant chooses to give evidence, he or she is to give his\nor her evidence-in-chief on oath and may be:\n(a) questioned by the Court; and\n(b) cross-examined by the prosecutor and then re-examined.\n(5) If the defendant is committed for trial, any evidence given by the\ndefendant at the preliminary examination may be given in evidence\nat the trial.\n\nLocal Court (Criminal Procedure) Act 1928 52\n(6) Any witness called by the defendant is to give his or her\nevidence-in-chief on oath and may be cross-examined by the\nprosecution and re-examined.\n","sortOrder":73},{"sectionNumber":"112","sectionType":"section","heading":"Procedure on completion of examination","content":"112 Procedure on completion of examination\n(1) When the examination is completed the Court must consider\nwhether the evidence is sufficient to put the defendant upon his trial\nfor any indictable offence.\n(2) If, in the opinion of the Court, it is not so sufficient, the Court must\nforthwith order the defendant, if in custody, to be discharged as to\nthe information then under inquiry.\n(3) If, in the opinion of the Court, the evidence is sufficient, the Court\nmust:\n(a) direct the defendant to be tried at the first sitting of the\nSupreme Court exercising its criminal jurisdiction next held\nafter a period of 14 days after a date and at a place specified\nby the Court; and\n(b) either commit the defendant by warrant into the custody of the\nCommissioner of Correctional Services until the trial or grant\nthe defendant bail under the Bail Act 1982; and\n(c) cause a record of the direction and the committal or admission\nto bail to be made in writing.\n(4) Where the defendant is so directed, he shall, subject to any order\nmade by the Supreme Court, be tried accordingly.\n","sortOrder":74},{"sectionNumber":"112A","sectionType":"section","heading":"Conduct of preliminary examination generally","content":"112A Conduct of preliminary examination generally\n(1) Except as provided in this or any other Act, a preliminary\nexamination must be conducted in the way determined by the\nCourt.\n(2) Unless this or any other Act provides otherwise, for controlling and\nmanaging the conduct of a preliminary examination, the Court may\ndo any of the following:\n(a) adjourn the preliminary examination from time to time;\n(b) order the prosecutor and defendant to attend before the Court\nto deal with procedural or case-management issues;\n\nLocal Court (Criminal Procedure) Act 1928 53\n(c) order the prosecutor or defendant to do anything the Court\nconsiders will or may facilitate the preliminary examination\nbeing conducted fairly, efficiently, economically and\nexpeditiously.\n(3) This section does not limit any other power the Court may have for\ndealing with the conduct of a preliminary examination.\n","sortOrder":75},{"sectionNumber":"113","sectionType":"section","heading":"Power to remand defendant from time to time","content":"113 Power to remand defendant from time to time\n(1) This section applies if the Court conducting a preliminary\nexamination adjourns the examination.\n(2) The Court may remand the defendant into the custody of the\nCommissioner of Correctional Services:\n(a) if the remand is for a period of not more than 3 clear days –\norally; or\n(b) otherwise – by warrant.\n(3) The period of remand cannot exceed 15 clear days unless both the\nprosecutor and the defendant consent.\n(4) The Court, on being satisfied that a defendant who has been\nremanded into custody is, by reason of illness or accident, unable\nat the expiration of the period for which the defendant was\nremanded to appear personally before the Court, may in the\nabsence of the defendant order the defendant to be kept in custody\nfor such further period as the Court deems reasonable, but not\nexceeding 15 days at any one time unless both parties consent to a\nlonger period.\n","sortOrder":76},{"sectionNumber":"114","sectionType":"section","heading":"Power to admit to bail in lieu of remand","content":"114 Power to admit to bail in lieu of remand\nInstead of detaining the defendant in custody as provided in\nsection 113, the Court may grant the defendant bail in accordance\nwith the Bail Act 1982.\n","sortOrder":77},{"sectionNumber":"115","sectionType":"section","heading":"Power to continue examination before expiry of remand","content":"115 Power to continue examination before expiry of remand\nThe Court may, notwithstanding that the defendant has been\nremanded, order the defendant to be brought before the Court, at\nany time before the expiration of the period for which the defendant\nhas been remanded, and the Commissioner of Correctional\nServices or any officer in whose custody the defendant is shall duly\nobey the order.\n\nLocal Court (Criminal Procedure) Act 1928 54\n","sortOrder":78},{"sectionNumber":"116","sectionType":"section","heading":"Transmission of documents to Supreme Court upon committal","content":"116 Transmission of documents to Supreme Court upon committal\nfor trial\n(1) Whenever a defendant is committed for trial, the Court must deliver,\nor cause to be delivered, to the Director of Public Prosecutions a\ncopy of the committal brief, a copy, certified by the relevant registrar\nto be a true copy, of a transcript of the record or of the record, as\nthe case requires, of the depositions of any witnesses who gave\noral evidence at the preliminary examination and all bail\nundertakings and conditions of bail entered into.\n(2) The Director of Public Prosecutions must deliver these documents\nto the proper officer of the Supreme Court, before or at the opening\nof the Supreme Court, on the first day of the sitting, or at such other\ntime as the Supreme Court Judge who is to preside at the trial order\nand appoints.\n(3) Whilst the documents are in the custody of the Director of Public\nProsecutions, he shall have and be subject to the same duties and\nliabilities with respect to the several documents upon a certiorari\ndirected to him, or upon a rule or order directed to him in lieu of that\nwrit, as the Court would have had, and been subject to, if the\ndocuments had not been transmitted to the Director of Public\nProsecutions.\n","sortOrder":79},{"sectionNumber":"Div 2","sectionType":"division","heading":"Certain indictable offences may be dealt with","content":"Division 2 Certain indictable offences may be dealt with\n","sortOrder":80},{"sectionNumber":"120","sectionType":"section","heading":"Property offences that may be dealt with summarily","content":"120 Property offences that may be dealt with summarily\n(1) Subject to section 122A, the Court may hear and determine\nsummarily one or more charges of one or more indictable offences\nin relation to a defendant, at the same time, if:\n(a) each offence is against section 217, 226, 228AA, 228AH or\n228AK of the Criminal Code, or is an attempt to commit such\nan offence; and\n(b) the value of the property or financial advantage involved for all\nof the offences being heard and determined does not exceed\n$50 000.\n(2) The jurisdiction conferred by subsection (1) may be exercised\nwhether or not the defendant consents to its exercise.\n\nLocal Court (Criminal Procedure) Act 1928 55\n","sortOrder":81},{"sectionNumber":"121A","sectionType":"section","heading":"Offences that may be dealt with summarily","content":"121A Offences that may be dealt with summarily\n(1) Subject to section 122A, the Court may hear and determine the\ncharge of an indictable offence summarily if:\n(a) the offence is:\n(i) punishable by not more than 10 years imprisonment; or\n(ii) against section 218 of the Criminal Code, except an\noffence to which an aggravating circumstance in\nsection 219(1) applies; or\n(iii) against section 221 of the Criminal Code, except an\noffence to which an aggravating circumstance in\nsection 222(1)(c) or (d) of the Code applies; or\n(iv) against section 228AO of the Criminal Code; and\n(b) in the opinion of the Court, the charge is not one that the Court\ncould, apart from this section, hear and determine summarily;\nand\n(c) the defendant consents to it being so disposed of; and\n(d) the prosecutor consents to it being so disposed of; and\n(e) the Court is of the opinion that the charge should be heard\nand determined summarily.\n(2) The Court may seek from the prosecutor and the prosecutor must\ngive to the Court, an outline of the evidence that will be presented\nfor the prosecution, for the purpose of enabling the Court to\ndetermine whether to hear and determine the charge summarily.\n(3) A statement made by the prosecutor under subsection (2) is not\nadmissible in evidence in a subsequent proceeding in respect of the\n(4) Subject to subsection (5), a person the subject of a charge that is\nbeing heard summarily under subsection (1) and who, in respect of\nthe charge, is represented by a legal practitioner, may, at any stage\nof the proceedings relating to the hearing of that charge, plead\nguilty to that charge.\n(5) The Court hearing a charge summarily under subsection (1) must\nnot, in respect of that charge, accept a plea of guilty under and in\naccordance with subsection (4) from the person the subject of that\ncharge unless the Court is of the opinion that to accept the plea of\nguilty is proper.\n\nLocal Court (Criminal Procedure) Act 1928 56\n","sortOrder":82},{"sectionNumber":"122A","sectionType":"section","heading":"Serious or difficult matters not to be dealt with summarily","content":"122A Serious or difficult matters not to be dealt with summarily\n(1) If it appears to the Court that a charge being heard summarily\nunder section 120, 121A or 131A, having regard to its seriousness,\nthe intricacy of the facts or the difficulty of any question of law likely\nto arise at the trial or any other relevant circumstances, ought to be\ntried by the Supreme Court, the Court:\n(a) may discontinue the summary proceedings; and\n(b) if it does so, must continue the proceedings as a preliminary\nexamination.\n(2) The Court, in continuing proceedings under subsection (1)(b) may,\nhaving regard to the stage reached in the summary proceedings, do\nany or all of the following:\n(a) dispense with the requirement for a committal brief to be\nserved;\n(b) grant leave for witnesses to give oral evidence-in-chief or be\ncross-examined without requiring compliance with\nsections 105G to 105K;\n(c) otherwise dispense with or modify the requirements of\n","sortOrder":83},{"sectionNumber":"Div 1","sectionType":"division","heading":"to the extent to which the Court considers","content":"Division 1 to the extent to which the Court considers\nappropriate to facilitate the proceedings being conducted\nfairly, efficiently, economically and expeditiously.\n","sortOrder":84},{"sectionNumber":"124","sectionType":"section","heading":"JPs not having jurisdiction may remand for hearing before","content":"124 JPs not having jurisdiction may remand for hearing before\nJudge\nIf it appears to the Court constituted by a JP or 2 JPs that a charge\nagainst a defendant may be a charge that should be heard and\ndetermined summarily under section 120, 121A or 131A, the Court\nmay:\n(a) remand the defendant; and\n(b) adjourn the hearing to the time and place as the Court thinks\nfit, to be heard before the Court constituted by a Judge.\n","sortOrder":85},{"sectionNumber":"125","sectionType":"section","heading":"Charge to be reduced into writing and defendant required to","content":"125 Charge to be reduced into writing and defendant required to\nplead\n(1) If the Court decides to hear and determine a charge summarily\nunder section 120, 121A or 131A, the charge shall, in the case of a\nparol information, be reduced into writing, and the defendant shall\nbe asked whether he is guilty or not guilty of the charge.\n\nLocal Court (Criminal Procedure) Act 1928 57\n(2) The charge must then be heard and determined as if the offence\nwere a summary offence.\n","sortOrder":86},{"sectionNumber":"126","sectionType":"section","heading":"Witnesses for prosecution may be recalled for cross-","content":"126 Witnesses for prosecution may be recalled for cross-\nexamination\nWhen the evidence of any witness has been taken before the\nCourt, the witness' evidence need not be taken again, but any such\nwitness shall, if the defendant so requires, be recalled for the\npurposes of cross-examination.\n","sortOrder":87},{"sectionNumber":"128","sectionType":"section","heading":"Certificate of dismissal","content":"128 Certificate of dismissal\nIf the Court dismisses the charge, an order of dismissal shall be\ndrawn up, and a certificate thereof granted to the defendant in the\nmanner provided by section 71.\n","sortOrder":88},{"sectionNumber":"130A","sectionType":"section","heading":"Application of certain provisions of Criminal Code","content":"130A Application of certain provisions of Criminal Code\nSections 322, 323, 324, 326 and 329 of the Criminal Code shall\napply on the trial, under this Division of any offence to which they\nrelate in the same manner as far as possible as they apply to the\ntrial of similar offences in the Supreme Court.\n","sortOrder":89},{"sectionNumber":"130B","sectionType":"section","heading":"Power of Court to order delivery of property","content":"130B Power of Court to order delivery of property\n(1) Where any property:\n(a) has come into the custody or possession of a police officer in\nconnection with criminal proceedings in the Court or otherwise\nin the course of the officer’s duty; or\n(b) has come into the custody or possession of the Court or a\nJudge, registrar or JP, whether as an exhibit or otherwise in\nconnection with criminal proceedings in the Court;\nthe Court may, on application by a police officer or a claimant of the\nproperty or on its own initiative, make an order for the delivery of\nthe property to the person appearing to the Court to be the owner,\nor, may make such order with respect to the property as the Court\nsees fit.\n(2) No order made under this section shall be a bar to the right of any\nperson to recover the property by action from the person to whom it\nis delivered by virtue of the order where that action is brought within\n6 months after the order is made.\n\nLocal Court (Criminal Procedure) Act 1928 58\n","sortOrder":90},{"sectionNumber":"131","sectionType":"section","heading":"Transmission of documents to Supreme Court and evidentiary","content":"131 Transmission of documents to Supreme Court and evidentiary\nvalue\n(1) When any charge is heard and determined under this Division, the\nwritten charge, a copy of the committal brief (if a preliminary\nexamination was conducted), a copy, certified by a registrar to be a\ntrue copy, of a transcript of the record or of the record, as the case\nrequires, of the depositions of the witnesses in the relevant\nproceeding, and the finding of guilt, or the order of dismissal, shall\nbe transmitted to the Registrar of the Supreme Court, there to be\nkept among the records of that Court.\n(2) A copy of the finding of guilt, or of the order of dismissal, certified by\nthe Registrar of the Supreme Court, or proved to be a true copy,\nshall be sufficient evidence to prove a finding of guilt or dismissal\nfor the offence mentioned therein, in any legal proceeding\nwhatever.\n","sortOrder":91},{"sectionNumber":"131A","sectionType":"section","heading":"Certain assault and harm offences may be dealt with","content":"131A Certain assault and harm offences may be dealt with\n(1) Subject to subsection (3)(a), the Court may hear and determine the\ncharge of an indictable offence summarily if the offence is an\noffence against section 186, 188(2), 188A, 189A(1) or (2)(a) or 204\nof the Criminal Code.\n(2) The prosecutor or the defendant may apply to the Court, before the\nCourt exercises its jurisdiction under subsection (1), for the charge\nto be heard and determined by the Supreme Court.\n(3) The Court may exercise the jurisdiction under subsection (1):\n(a) only if the Court is of the opinion that the charge should be\nheard and determined summarily; and\n(b) whether or not the defendant consents to its exercise.\n","sortOrder":92},{"sectionNumber":"132","sectionType":"section","heading":"Effect of finding of guilt","content":"132 Effect of finding of guilt\nA finding of guilt under this Division shall have the same effect as a\nfinding of guilt upon an indictment for the same offence would have\nhad.\n","sortOrder":93},{"sectionNumber":"133","sectionType":"section","heading":"Proceedings to be a bar to further prosecution","content":"133 Proceedings to be a bar to further prosecution\nA defendant who obtains an order of dismissal, or is found guilty,\nunder this Division, shall be released from all further or other\ncriminal proceedings for the same cause.\n\nLocal Court (Criminal Procedure) Act 1928 59\n","sortOrder":94},{"sectionNumber":"134","sectionType":"section","heading":"Defendant may be asked to plead to the charge","content":"134 Defendant may be asked to plead to the charge\n(1) If section 109(3)(b) permits, the Court may ask the defendant\nwhether the defendant wishes to plead to the charge.\n(2) If the defendant thereupon signifies a desire to plead to the charge,\nthe Court shall reduce the charge into writing and the presiding\nJudge must read the same to the defendant, and say to the\ndefendant, \"Are you guilty or not guilty of the offence with which you\nare charged?\".\n","sortOrder":95},{"sectionNumber":"135","sectionType":"section","heading":"On plea of not guilty examination to proceed","content":"135 On plea of not guilty examination to proceed\nIf the defendant does not signify a wish to plead, or pleads not\nguilty, the Court shall proceed to complete the preliminary\nexamination in the manner provided in Division 1.\n","sortOrder":96},{"sectionNumber":"136","sectionType":"section","heading":"On plea of guilty defendant to be committed or granted bail","content":"136 On plea of guilty defendant to be committed or granted bail\nbefore sentence\n(1) If the defendant pleads guilty, the Court shall:\n(a) direct the defendant to appear for sentence at the first sitting\nof the Supreme Court exercising its criminal jurisdiction next\nheld after a period of 14 days after a date and at a place\nspecified by the Court; and\n(b) either commit the defendant by warrant into the custody of the\nCommissioner of Correctional Services, or grant the defendant\nbail under the Bail Act 1982, until the defendant is required to\nappear for sentencing; and\n(c) cause a record of the plea, the direction and the committal or\ngrant of bail to be made in writing.\n(2) Where the defendant appears for sentence, he shall, subject to\nsections 141 and 142 and to any order made by the Supreme\nCourt, be sentenced accordingly.\n","sortOrder":97},{"sectionNumber":"137","sectionType":"section","heading":"Defendant may call witnesses as to character","content":"137 Defendant may call witnesses as to character\n(1) The defendant, upon pleading guilty, may, if he so desires, call any\nwitnesses as to his character.\n(2) If any such witnesses are called, their depositions shall be\nrecorded.\n\nLocal Court (Criminal Procedure) Act 1928 60\n(3) Nothing contained in this section shall be deemed to take away, or\nin any way limit, the power of Supreme Court when the defendant\nappears for sentence to hear witnesses as to his character, or to\nhear any statement by him or on his behalf.\n","sortOrder":98},{"sectionNumber":"139","sectionType":"section","heading":"Transmission of documents to Supreme Court","content":"139 Transmission of documents to Supreme Court\nWhen the defendant is committed, or granted bail, the relevant\nregistrar must deliver the record, or cause it to be delivered, with\nthe a copy of the committal brief, a copy, certified by the relevant\nregistrar to be a true copy, of a transcript of the record or of the\nrecord and of the depositions of any witnesses who gave oral\nevidence at the preliminary examination, to the Director of Public\nProsecutions, who shall cause it to be delivered to the proper officer\nof the Supreme Court, before or at the opening of that Court on the\nfirst sitting next held after a period of 14 days after a date specified\nfor the purposes of section 112(3)(a) or 136(1)(a), or at such other\ntime as the Supreme Court may order.\n","sortOrder":99},{"sectionNumber":"141","sectionType":"section","heading":"Withdrawal of plea and substitution of plea of not guilty","content":"141 Withdrawal of plea and substitution of plea of not guilty\n(1) When a defendant has been committed or granted bail to appear\nfor sentence, the defendant may, nevertheless, by notice in writing\nto the Director of Public Prosecutions, not less than 7 clear days\nbefore the day of the first sitting of the Supreme Court at which the\ndefendant is to appear, withdraw the defendant's plea of guilty and\nsubstitute therefor a plea of not guilty: Provided that in such case\nthe Supreme Court may adjourn or postpone the trial to such day\nas the Court thinks proper.\n(2) Thereupon the defendant:\n(a) if committed to appear for sentence, shall be deemed to have\nbeen committed for trial and the warrant of committal shall be\nconstrued accordingly; or\n(b) if granted bail to appear for sentence, shall be deemed to\nhave been granted bail to appear for trial, and any bail\nundertaking or condition by whomsoever entered into in\nconnection with the grant of bail, shall be construed\naccordingly.\n(3) Upon receipt of a notice under this section it shall be the duty of the\nDirector of Public Prosecutions to cause the notice to be delivered\nto the proper officer mentioned in section 139.\n(4) At the trial of any person who has, under this section, substituted a\nplea of not guilty, the fact that he had pleaded guilty to the charge\non which he is being tried shall not be put in evidence, nor be made\nthe subject of any comment by the prosecution.\n\nLocal Court (Criminal Procedure) Act 1928 61\n","sortOrder":100},{"sectionNumber":"142","sectionType":"section","heading":"Supreme Court to sentence accordingly unless plea withdrawn","content":"142 Supreme Court to sentence accordingly unless plea withdrawn\nSubject to section 141, upon the appearance for sentence of a\ndefendant committed or granted bail to appear for sentence, the\nSupreme Court may pass sentence or otherwise deal with the\ndefendant as if he had been arraigned and had pleaded guilty in the\nSupreme Court, and all the same consequences shall ensue as if\nhe had been so arraigned and had so pleaded guilty: Provided that\nif, for any reason, it appears to the Supreme Court that the plea of\nguilty should be withdrawn, the presiding Supreme Court Judge\nmay advise the person to withdraw that plea, and, if the plea be\nthereupon withdrawn, the defendant shall be deemed to have been\ncommitted for trial, and may forthwith, or after adjournment, and\nnotwithstanding that no information has been filed in the Supreme\nCourt, be arraigned, and the case shall proceed in the usual\ncourse.\n","sortOrder":101},{"sectionNumber":"151","sectionType":"section","heading":"Effect of warrant of commitment","content":"151 Effect of warrant of commitment\nA warrant of commitment commits the person named in the warrant\ninto the custody of the Commissioner of Correctional Services.\n","sortOrder":102},{"sectionNumber":"152","sectionType":"section","heading":"Evidence at trial if witness dead or ill","content":"152 Evidence at trial if witness dead or ill\n(1) This section applies if a defendant is committed for trial and a\nwitness whose evidence was admitted at the preliminary\nexamination is unable to give evidence at the trial because the\nwitness is dead or so ill as not to be able to travel.\n(2) If this section applies the following are admissible as evidence at\nthe trial without further proof:\n(a) the handed-up witness statement of the witness (to the extent\nto which it was admitted); and\n(b) if the witness gave oral evidence at the preliminary\nexamination, the deposition of the witness.\n","sortOrder":103},{"sectionNumber":"153","sectionType":"section","heading":"Deposition of person dangerously ill and unable to attend","content":"153 Deposition of person dangerously ill and unable to attend\npreliminary examination\n(1) Whenever it is made to appear to the satisfaction of the Court that:\n(a) an oral witness is dangerously ill and is, in the opinion of a\nmedical practitioner, not likely to recover from the illness; and\n(c) it is not practicable for the Court to take the deposition of the\nwitness at the preliminary examination of the defendant;\n\nLocal Court (Criminal Procedure) Act 1928 62\na Judge, JP or registrar may take the statement upon oath of the\n(2) The Judge, JP or registrar taking the deposition shall thereupon\nsubscribe the deposition, and shall add thereto, by way of caption,\na statement of the reason for taking it, and of the day and place\nwhen and where it was taken, and of the names of the persons (if\nany) present at the taking thereof.\n(3) If the deposition relates to any indictable offence for which any\ndefendant is already committed or bailed to appear for trial the\nJudge, JP or registrar shall transmit the deposition, with the addition\nmentioned in subsection (2), to the officer to whom the depositions\nare by law required to be transmitted, and that officer shall preserve\nit.\n(4) In this section:\noral witness means a person:\n(a) for whom leave to cross-examine has been granted under\nsection 105H; or\n(b) for whom leave to give oral evidence has been granted under\nsection 105J(6) or (7); or\n(c) whom the defendant desires to call as a witness under\nsection 110.\n","sortOrder":104},{"sectionNumber":"154","sectionType":"section","heading":"Use of such deposition at trial","content":"154 Use of such deposition at trial\nAfterwards, upon the trial of any defendant or defendants to whom\nthe statement relates, the statement may be read in evidence,\neither for or against the defendant, if:\n(a) the statement purports to be signed by the Judge, JP or\nregistrar by or before whom it purports to be taken; and\n(b) it is proved that the person who made the statement is dead,\nor that there is no reasonable probability that the person will\never be able to travel or give evidence; and\n(c) it is proved, to the satisfaction of the Court, that reasonable\nnotice of the intention to take the statement was served upon\nthe person (whether prosecutor or defendant) against whom it\nis proposed to be read in evidence, and that that person, or\nhis or her legal practitioner, had, or might have had if he had\nchosen to be present, full opportunity of cross-examining the\nperson who made the statement.\n\nLocal Court (Criminal Procedure) Act 1928 63\n","sortOrder":105},{"sectionNumber":"155","sectionType":"section","heading":"Person in custody may be present at taking of deposition","content":"155 Person in custody may be present at taking of deposition\n(1) This section applies if a person held in the custody of the\nCommissioner of Correctional Services gives or receives a notice of\nan intention to take a statement under section 153.\n(2) The Court may, by written notice, direct the Commissioner of\nCorrectional Services to convey the person to a place for the\npurpose of being present at the taking of the statement.\n(3) The Commissioner of Correctional Services must comply with a\nnotice given under subsection (2) and pay all expenses associated\nwith conveying the person in accordance with the notice.\n","sortOrder":106},{"sectionNumber":"162","sectionType":"section","heading":"Points of law may be reserved for the consideration of the","content":"162 Points of law may be reserved for the consideration of the\nSupreme Court\n(1) The Local Court may, at discretion, reserve any question of law\narising on or out of the hearing or determination of any information\nor complaint for the consideration of the Supreme Court, and state\na special case or cases for the opinion of the Supreme Court.\n(1A) Any such question may be so reserved at any time during the\nhearing of the information or complaint, or at any time within one\nmonth after the Local Court has finally determined the information\nor complaint.\n(2) The Supreme Court shall deal with every such special case\naccording to the practice of the Supreme Court on special cases,\nand may make such order thereon (including any order as to the\ncosts of the proceedings in that Court and in the Local Court) as to\nthe Supreme Court appears just.\n(3) The Supreme Court may send any such special case back for\namendment, or may itself amend it.\n(4) The Local Court must make a conviction or order in respect of the\nmatters referred to the Supreme Court in conformity with the\ncertificate of the Supreme Court.\n\nLocal Court (Criminal Procedure) Act 1928 64\n","sortOrder":107},{"sectionNumber":"163","sectionType":"section","heading":"Right of appeal to Supreme Court","content":"163 Right of appeal to Supreme Court\n(1) A party to proceedings before the Local Court may appeal to the\nSupreme Court from a conviction, order, or adjudication of the\nCourt (other than an order dismissing a complaint of an offence), on\na ground which involves:\n(a) sentence; or\n(b) an error or mistake, on the part of the Local Court, on a matter\nor question of fact alone, or a matter or question of law alone,\nor a matter or question of both fact and law,\nas hereinafter provided, in every case, unless any other Act\nexpressly declares that such a conviction, order, or adjudication\nshall be final or otherwise expressly prohibits an appeal against it.\n(2) Any provision of any other Act conferring a right of appeal to a\nLocal Court against any conviction, order, or adjudication\nmentioned in subsection (1) or (3) shall be read as conferring a\nright of appeal to the Supreme Court under this Act in lieu of to a\nLocal Court.\n(3) A party to proceedings before the Local Court arising from a\ncomplaint or an information in relation to a charge that is heard and\ndetermined summarily may appeal to the Supreme Court from an\norder or adjudication of the Court dismissing the complaint or\ninformation.\n(4) Subsection (3) does not apply if any other Act expressly declares\nthat the order or adjudication is to be final or otherwise expressly\nprohibits an appeal against it.\n(5) An appeal under subsection (3) may be on a ground that involves\nan error or mistake on the part of the Local Court on a matter or\nquestion of law alone or a matter or question of both fact and law.\n(6) Section 176A does not apply to an appeal under subsection (3).\n(7) Despite anything to the contrary in this section, a decision made\nunder Part V, Division 1 or 3 may not be appealed to the Supreme\nCourt.\n","sortOrder":108},{"sectionNumber":"164","sectionType":"section","heading":"No appeal on removal into Supreme Court to be allowed","content":"164 No appeal on removal into Supreme Court to be allowed\nexcept under this Act\nNo appeal shall be allowed from any conviction, order,\ndetermination, or adjudication of the kind mentioned in\n\nLocal Court (Criminal Procedure) Act 1928 65\nsection 163(1) or (3), nor shall any such conviction, order,\ndetermination, or adjudication be removed into the Supreme Court,\nexcept as provided by this Act.\n","sortOrder":109},{"sectionNumber":"165","sectionType":"section","heading":"Power of Supreme Court to dispense with conditions","content":"165 Power of Supreme Court to dispense with conditions\nprecedent to appeal where compliance impracticable\nThe Supreme Court may dispense with compliance with any\ncondition precedent to the right of appeal, as prescribed by this Act,\nif, in its opinion, the appellant has done whatever is reasonably\npracticable to comply with this Act.\n","sortOrder":110},{"sectionNumber":"166","sectionType":"section","heading":"Amendment of notice of appeal","content":"166 Amendment of notice of appeal\nNo appeal shall be defeated merely by reason of any defect,\nwhether of substance or of form, in any notice or statement of the\ngrounds of appeal, but if upon the hearing thereof the Supreme\nCourt is of opinion that any objection raised to the notice or\nstatement is valid, it may cause the notice or statement to be\nforthwith amended:\nProvided that if the notice or statement appears to have been\nmisleading, or to have occasioned expense, or to have prejudiced\nthe respondent, the amendment shall be allowed only upon such\nterms as to costs or postponement, or both, as the Supreme Court\nthinks just.\n","sortOrder":111},{"sectionNumber":"168","sectionType":"section","heading":"Release of appellant in custody","content":"168 Release of appellant in custody\n(1) Where the appellant is in custody or the subject of a non-custodial\norder in pursuance of the conviction or order appealed against, the\nCourt may, subject to this section, if satisfied that his appeal has\nbeen duly instituted, release him on bail in accordance with the Bail\nAct 1982, subject to an undertaking that he appear before the\nCourt, within 14 days of the day on which the Supreme Court\nannounces its decision on the appeal, to abide the result of the\ndecision, unless the conviction or order is reversed.\n(2) The appellant shall give the respondent reasonable notice of his\nintention to apply for release.\n(3) The respondent may object to the application for release.\n(4) An appellant who has instituted his appeal and is not released\npursuant to this section shall, pending the determination of his\nappeal and for so long as he is not in custody for some other cause,\nbe treated in the same manner as a person who is committed for\ntrial and is in custody awaiting trial.\n\nLocal Court (Criminal Procedure) Act 1928 66\n(5) If as a result of his appeal the appellant is required to serve a term\nof imprisonment, subject to the direction of the Supreme Court, the\ntime during which the appellant is in custody and is specially treated\nshall count as part of the whole of that term.\n","sortOrder":112},{"sectionNumber":"169","sectionType":"section","heading":"Duty to pursue appeal","content":"169 Duty to pursue appeal\n(1) An appellant who institutes an appeal to the Supreme Court is\nunder a duty to pursue the appeal.\n(2) If the appellant has been granted bail under section 168, and the\nappellant does not pursue the appeal, the Local Court may revoke\nthe appellant's bail.\n","sortOrder":113},{"sectionNumber":"170","sectionType":"section","heading":"After decision on appeal Court may enforce same","content":"170 After decision on appeal Court may enforce same\n(1) When any finding of guilt or order has been affirmed, amended, or\nmade upon any appeal, the Court will have the same authority to\nenforce the finding of guilt or order as if it had not been appealed\nagainst, or had been made in the first instance.\n(1A) If a person found guilty and committed into the custody of the\nCommissioner of Correctional Services appeals and is released on\nbail under the Bail Act 1982 pending the outcome of his appeal, and\nthe Supreme Court on appeal orders that the balance or some part\nof the balance of his sentence be served, the Local Court may by\nwarrant remand the appellant to his former custody, there to serve\nthe balance of the term to be served by him.\n(2) No action or proceedings whatsoever shall be commenced or had\nagainst the Court or any person constituting the Court for enforcing\nthe finding of guilt or order by reason of any defect in the finding of\nguilt or order.\n","sortOrder":114},{"sectionNumber":"171","sectionType":"section","heading":"Appeal to be instituted within 28 days","content":"171 Appeal to be instituted within 28 days\n(1) The appeal shall be instituted by notice in accordance with\nsection 172 and by payment of the fee specified in section 172.\n(2) Every appeal shall be instituted within 28 days from the time of the\nconviction, order, or adjudication appealed against: Provided that\nwhere the Supreme Court is of opinion that, by reason of the\nremoteness from the seat of the Court of Appeal of the place at\nwhich the conviction, order, determination, or adjudication was\neffected or made, an extension of the time within which notice of\nappeal from the conviction, order, determination, or adjudication\nmay be given is reasonable, the Supreme Court may extend that\ntime for such further period, not exceeding 3 months, as it thinks fit.\n\nLocal Court (Criminal Procedure) Act 1928 67\n","sortOrder":115},{"sectionNumber":"172","sectionType":"section","heading":"Notice of appeals","content":"172 Notice of appeals\n(1) The notice of appeal shall be in writing, and shall be served upon\nthe respondent, and shall state:\n(a) that the appellant appeals to the Supreme Court at the sittings\nof the Supreme Court for hearing appeals under this Act\ncommencing at Darwin or Alice Springs, as the case requires,\non a day specified in the notice in accordance with\nsubsection (2); and\n(b) the conviction, order or adjudication appealed against under\nsection 163(1) or (3); and\n(c) the nature and grounds of the appeal.\n(2) The day specified in the notice shall be a day on which sittings of\nthe Supreme Court for hearing appeals under this Act will, in\naccordance with the rules of the Supreme Court, if practicable,\ncommence at Darwin or Alice Springs, whichever is nearer to the\nplace at which the decision appealed against was made and shall\nbe the first such day after the expiration of 21 days from the service\nof the notice.\n(3) Two copies of the notice of appeal shall be served upon the\nrelevant registrar, and shall be accompanied by the prescribed fee.\n(4) If 2 or more convictions, orders or adjudications are made by the\nLocal Court in respect of charges that have been heard and\ndetermined together, the appellant may serve one notice of appeal\nunder this section to institute an appeal against all or any of those\nconvictions, orders or adjudications by stating in the notice of\nappeal:\n(a) each conviction, order or adjudication appealed against under\nsection 163(1) or (3); and\n(b) for each conviction, order or adjudication appealed against –\nthe nature and grounds of the appeal.\n","sortOrder":116},{"sectionNumber":"173","sectionType":"section","heading":"Hearing of appeals","content":"173 Hearing of appeals\nAn appeal shall unless it has been summarily dismissed be heard\nat the sittings of the Supreme Court for hearing appeals under this\nAct commencing at Darwin or Alice Springs, as the case requires,\non the day specified in the notice of appeal in accordance with\nsection 172(1), or if sittings are not commenced there on that day,\nthe first sittings commencing there after that day; but this section\nshall not affect the power of the Supreme Court to adjourn the\nhearing to any time or place it thinks fit.\n\nLocal Court (Criminal Procedure) Act 1928 68\n","sortOrder":117},{"sectionNumber":"174","sectionType":"section","heading":"Convictions etc. to be transmitted to Supreme Court","content":"174 Convictions etc. to be transmitted to Supreme Court\n(1) When notice of appeal is served pursuant to section 172 and the\nfee mentioned in that section is paid the Local Court shall cause the\nconviction, order, or adjudication to be forthwith transmitted to the\nproper officer of the Supreme Court, there to be kept among the\nrecords of that Court.\n(2) In any subsequent proceedings relative thereto the conviction,\norder, or adjudication, or a copy thereof certified by the proper\nofficer of the Supreme Court under his hand, shall be sufficient\nevidence thereof.\n","sortOrder":118},{"sectionNumber":"175","sectionType":"section","heading":"Transmission of documents to Supreme Court on appeal","content":"175 Transmission of documents to Supreme Court on appeal\nThe Local Court shall also cause a copy of the notice of appeal,\ntogether with the fee paid pursuant to section 172, a copy of the\ncommittal brief (if a preliminary examination was conducted), and a\ncopy, certified by writing under the hand of the relevant registrar to\nbe a true copy, of a transcript of the record or of the record, as the\ncase requires, of the depositions of the witnesses or all exhibits\ntendered in the relevant proceedings to be transmitted with the\nconviction, order, or adjudication.\n","sortOrder":119},{"sectionNumber":"175A","sectionType":"section","heading":"Transmission of documents to Supreme Court deemed to be a","content":"175A Transmission of documents to Supreme Court deemed to be a\ntendering in evidence that Court\nWhere, under section 174(1) or 175, a document or exhibit referred\nto in either of those sections is transmitted to the Supreme Court,\nthe transmission of the document or exhibit shall be deemed to be a\ntendering in evidence to that Court of that document or exhibit.\n","sortOrder":120},{"sectionNumber":"176","sectionType":"section","heading":"Evidence on appeal","content":"176 Evidence on appeal\nSubject to section 176A, no evidence shall be received on the\nhearing of the appeal other than such documents or exhibits as are\nmentioned in sections 174 and 175 and a record, made by means\nof sound-recording apparatus or shorthand, of the depositions of a\nwitness in the relevant proceedings produced out of the custody of\nthe relevant registrar, except by consent of the parties.\n\nLocal Court (Criminal Procedure) Act 1928 69\n","sortOrder":121},{"sectionNumber":"176A","sectionType":"section","heading":"Tendering of evidence to Supreme Court","content":"176A Tendering of evidence to Supreme Court\n(1) Where evidence is tendered to the Supreme Court, that Court shall,\nunless it is satisfied that the evidence, if received, would not afford\na ground for allowing the appeal, admit that evidence if:\n(a) it appears to it that that evidence is likely to be credible and\nwould have been admissible in the proceedings from which\nthe appeal lies on an issue which is the subject of the appeal;\nand\n(b) it is satisfied that that evidence was not adduced in those\nproceedings and there is a reasonable explanation for the\nfailure to adduce it; and\n(c) it is satisfied that the appellant has complied with the\nrequirements of subsections (2) and (3) in respect of that\nevidence.\n(2) An appellant shall not, under subsection (1), tender evidence to the\nSupreme Court unless he has, not less than 7 days before the\nhearing of the appeal to which the evidence relates is commenced\nby that Court, given, subject to subsection (3), written notice to the\nother party to the proceedings of the evidence to be so tendered\nincluding, where such evidence is to be given by a person,\nirrespective of whether it is to be given orally or by affidavit, the\nname, address and occupation of the person.\n(3) For the purposes of subsection (2), an appellant shall give a notice\nreferred to in that subsection by delivering or leaving it at, or by\nsending it by registered post service to, the last known residential or\nbusiness address of:\n(a) the other party to the proceedings; or\n(b) the legal practitioner, if any, of the other party to the\nproceedings.\n","sortOrder":122},{"sectionNumber":"177","sectionType":"section","heading":"Procedure and power of Supreme Court on appeal","content":"177 Procedure and power of Supreme Court on appeal\n(1) Every appeal shall be heard and determined by the Supreme Court\nin a summary way, and according to the rules of practice in force\nwith reference to the proceedings of the Court in that behalf, and\nthe Supreme Court shall have all the powers and duties, as to\namendment and otherwise, of the Local Court.\n(2) Upon the hearing of the appeal the Supreme Court may do any or\nall of the following:\n(a) adjourn the hearing from time to time;\n\nLocal Court (Criminal Procedure) Act 1928 70\n(b) mitigate or increase any penalty, forfeiture, or sum;\n(c) affirm, quash, or vary the conviction, order, or adjudication\nappealed from, or substitute or make any conviction, order, or\nadjudication which ought to have been made in the first\ninstance;\n(d) remit the case for hearing or for further hearing before the\nLocal Court;\n(e) subject to subsections (2A) and (2B), make such further or\nother order as to costs or otherwise as it thinks fit;\n(f) notwithstanding that it is of the opinion that the point raised in\nthe appeal might be decided in favour of the appellant, dismiss\nthe appeal if it considers that no substantial miscarriage of\njustice has actually occurred.\n(2A) For subsection (2)(e), the Supreme Court, when making an order\nfor costs in relation to proceedings in the Local Court must apply\nthe prescribed scale as mentioned in section 77C.\n(2B) However, if the Supreme Court considers the circumstances of the\ncase, or the legal issues, are of an exceptional nature, the Court\nmay order costs exceeding the prescribed scale.\n(3) The Supreme Court may upon such terms as it thinks fit at any time\nbefore the order of dismissal is drawn up and sealed reinstate any\nappeal dismissed for want of prosecution.\n(4) In exercising its discretion on an appeal made under section 163(1)\nfor an increase of sentence imposed after the commencement of\nthis subsection (whether or not the sentence involved imprisonment\nor another penalty, forfeiture or sum), the Supreme Court must not\ntake into account any element of double jeopardy involving the\nrespondent being sentenced again when deciding whether to do\neither or both of the following:\n(a) allow the appeal;\n(b) impose another sentence.\n","sortOrder":123},{"sectionNumber":"178","sectionType":"section","heading":"If costs not paid according to order of Supreme Court,","content":"178 If costs not paid according to order of Supreme Court,\ncertificate to be granted\n(1) When the Supreme Court makes any order as to the costs of the\nappeal it shall direct the costs to be paid to an Associate Judge or\nother proper officer of the Supreme Court, to be by Associate Judge\nor other proper officer paid over to the party entitled thereto, and\nmay state a time within which the costs are to be paid.\n\nLocal Court (Criminal Procedure) Act 1928 71\n(2) If the costs are not paid within the time so limited (or if no time is so\nlimited, then within 7 days) an Associate Judge or other proper\nofficer of the Supreme Court, upon application of the party entitled\nto the costs of any person on his behalf, and on payment of the fee\nof 10 cents, shall grant to the party so applying a certificate that the\ncosts have not been paid.\n","sortOrder":124},{"sectionNumber":"179","sectionType":"section","heading":"Enforcement of payment of costs of appeal","content":"179 Enforcement of payment of costs of appeal\n(1) Upon production of the certificate mentioned in section 178 to the\nLocal Court the payment of the costs may be enforced in the same\nmanner as is provided by this Act for enforcing the payment of\ncosts awarded by the Local Court.\n(2) The payment of the costs may be enforced under the same warrant\nas any penalty or sum adjudged to be paid by any conviction or\norder affirmed or made upon the appeal.\n","sortOrder":125},{"sectionNumber":"181","sectionType":"section","heading":"Form of information or complaint","content":"181 Form of information or complaint\nIt shall be sufficient in any information or complaint, if the\ninformation or complaint gives the defendant a reasonably clear\nand intelligible statement of the offence or matter with which he is\ncharged.\n","sortOrder":126},{"sectionNumber":"182","sectionType":"section","heading":"Information or complaint not to be objected to for irregularity","content":"182 Information or complaint not to be objected to for irregularity\nNo objection shall be taken or allowed to any information or\ncomplaint in respect of:\n(a) any alleged defect therein, in substance or in form; or\n(b) any variance between it and the evidence adduced in its\nsupport at the preliminary examination or at the hearing (as\nthe case may be):\nProvided that the Court shall dismiss the information or complaint,\nunless it is amended as provided by section 183, if it appears to it:\n(a) that the defendant has been prejudiced by the defect or\nvariance; or\n(b) that the information or complaint fails to disclose any offence\nor matter of complaint.\n\nLocal Court (Criminal Procedure) Act 1928 72\n","sortOrder":127},{"sectionNumber":"183","sectionType":"section","heading":"Amendment of information or complaint","content":"183 Amendment of information or complaint\nIf it appears to the Court before whom any defendant comes or is\nbrought to answer any information or complaint that the information\nor complaint:\n(a) fails to disclose any offence or matter of complaint, or is\notherwise defective; and\n(b) ought to be amended so as to disclose an offence or matter of\ncomplaint, or otherwise to cure the defect,\nthe Court may amend the information or complaint upon such terms\nas may be just.\n","sortOrder":128},{"sectionNumber":"183A","sectionType":"section","heading":"Complaint and information may be joined in certain","content":"183A Complaint and information may be joined in certain\ncircumstances\nNotwithstanding any other provision of this Act, where the Court\nhas jurisdiction to deal with both:\n(a) a charge specified in a complaint; and\n(b) a charge specified in an information,\nrelating to the same defendant and arising from the same or\nassociated circumstances, the Court may deal with both the\ncomplaint and information together.\n","sortOrder":129},{"sectionNumber":"184","sectionType":"section","heading":"Warrant or summons not to be objected to for irregularity","content":"184 Warrant or summons not to be objected to for irregularity\nNo objection shall be taken or allowed to any warrant or summons\nin respect of:\n(a) any alleged defect therein, in substance or in form; or\n(b) any variance between it and the evidence adduced in support\nof the information or complaint at the preliminary examination\nor at the hearing (as the case may be):\nProvided that the Court may adjourn the hearing, if it appears to it\nthat the defendant has been prejudiced by the defect or variance.\n","sortOrder":130},{"sectionNumber":"185","sectionType":"section","heading":"Amendment of findings of guilt, warrants etc.","content":"185 Amendment of findings of guilt, warrants etc.\nAny:\n(a) finding of guilt or order made by the Court; or\n(b) warrant of committal, or other warrant or proceeding issued or\nhad by or before the Court;\n\nLocal Court (Criminal Procedure) Act 1928 73\nmay be amended, according to the evidence by the Court at any\ntime after it has been signed, and before it has been executed,\nupon such (if any) terms as to costs, or otherwise, as the Court\nsees fit..\n","sortOrder":131},{"sectionNumber":"186","sectionType":"section","heading":"Findings of guilt etc. not voidable for want of form","content":"186 Findings of guilt etc. not voidable for want of form\n(1) No finding of guilt or order of the Court, or other proceedings before\nthe Court, shall be void or voidable, or liable to be quashed,\nannulled, or set aside in any manner, by reason of any deficiency in\nthe statement of the offence therein described, if the offence is\nstated in the words of the Act creating the offence, or if it appears\nthat the offence was one against the true intent and meaning of that\nAct.\n(2) No judgment, finding of guilt, or order of the Court, or other\nproceedings before the Court, shall be quashed or set aside for any\nmere matter of form or technical error, or mistake in any name,\ndate, or title, or in any matter of description only; but in all cases\nregard shall be had alone to the substantial merits and justice of the\ncase.\n","sortOrder":132},{"sectionNumber":"187","sectionType":"section","heading":"Parties not to be discharged upon defects in warrants","content":"187 Parties not to be discharged upon defects in warrants\nprovided finding of guilt took place upon good grounds\nNo warrant of commitment issued upon any finding of guilt of the\nCourt shall be held void or invalid, or be quashed, for any defect in\nsubstance or in form, nor shall any party be entitled to be\ndischarged out of custody on account of any such defect, provided:\n(a) it is alleged in the warrant that the party has been found guilty\nof an offence; and\n(b) it appears to the Court or Judge before whom the warrant is\nreturned that the finding of guilt proceeded on good and valid\ngrounds.\n","sortOrder":133},{"sectionNumber":"187A","sectionType":"section","heading":"Proof of findings of guilt by minute on complaint","content":"187A Proof of findings of guilt by minute on complaint\n(1) Any finding of guilt or order whatsoever made by the Court may be\nproved by a copy of the information or complaint on which the\nfinding of guilt or order was made, and of the minute or\nmemorandum thereof made by the Court and endorsed on the\ncomplaint. One copy shall be certified by the person or one of the\npersons constituting the Court by which the finding of guilt or order\nwas made or by the relevant registrar.\n(2) No proof shall be required of the signature or judicial or official\ncharacter of the person appearing to have signed any such copy as\nis referred to in subsection (1).\n\n","sortOrder":134},{"sectionNumber":"Div 3","sectionType":"division","heading":"Procedures in relation to person served with notice to appear","content":"Division 3 Procedures in relation to person served with notice to appear\nLocal Court (Criminal Procedure) Act 1928 74\n(3) This section shall apply to any finding of guilt whether made before\nor after the commencement of this Act, and shall be in addition to\nand not in substitution for any other enactment providing a mode of\nproving findings of guilt or orders.\nDivision 3 Procedures in relation to person served with\nnotice to appear\n","sortOrder":135},{"sectionNumber":"189","sectionType":"section","heading":"Definitions","content":"189 Definitions\ncomplainant includes an informant and a legal practitioner\nrepresenting a complainant.\ncomplaint includes an information.\ndefendant means a person who appears before the Court as\nrequired by a notice to appear.\nnotice to appear means a notice issued under section 133B of the\nPolice Administration Act 1978.\n","sortOrder":136},{"sectionNumber":"190","sectionType":"section","heading":"Procedure on appearance of defendant","content":"190 Procedure on appearance of defendant\n(1) At the hearing in respect of an offence specified in a notice to\nappear, the complainant must give the defendant and the Court a\ncomplaint containing a statement of the specific offence with which\nthe defendant is charged and the particulars that are necessary to\ngive the defendant reasonable information about the nature of the\n(2) The Court may adjourn a hearing so that a defendant given a\ncomplaint under subsection (1) may consider it and make a full\nanswer to the charge.\n(3) If a defendant is not given a complaint in accordance with\nsubsection (1), the Court may adjourn the hearing or dismiss the\nproceedings.\n(4) If a defendant appears and the complainant fails to appear, the\nCourt must dismiss the proceedings unless it thinks it proper to\nadjourn the hearing.\n(5) The dismissal of proceedings under this section does not prevent\nthe commencement of other proceedings in respect of the offence\nspecified in the notice to appear.\n\nDivision 3 Procedures in relation to person served with notice to appear\nLocal Court (Criminal Procedure) Act 1928 75\n","sortOrder":137},{"sectionNumber":"191","sectionType":"section","heading":"Procedure if failure to appear","content":"191 Procedure if failure to appear\n(1) This section applies if a person fails to appear as required by a\nnotice to appear and the Court is satisfied:\n(a) the substance of the offence specified in the notice to appear\n(the specified offence) is substantiated on oath made before\nthe Court; and\n(b) the notice to appear was served in accordance with\nsection 133B(2) of the Police Administration Act 1978.\n(2) The Court may do either of the following:\n(a) adjourn the hearing of the specified offence and issue a\nwarrant for the apprehension of the person;\n(b) proceed ex parte to a hearing of the specified offence (the ex\nparte proceedings) and, subject to this section, adjudicate in\nrelation to that offence as fully and effectually, to all intents\nand purposes, as if the person had personally appeared as\nrequired by the notice to appear.\nNote for subsection (2)\nSee section 63A for the process for setting aside a decision under this section.\n(3) For the ex parte proceedings, the Court may have regard to either\nor both of the following as evidence of the commission by the\nperson of the specified offence:\n(a) the statement in the notice to appear about the substance of\nthe specified offence;\n(b) any oral evidence.\n(4) If the result of the ex parte proceedings is that the Court finds the\nperson committed the specified offence, the prosecutor may recite\nto the Court a relevant matter alleged against the person about the\nspecified offence as if the person had personally appeared and\npleaded guilty.\n(5) A copy of a notice to appear, which the member who served the\nnotice:\n(a) endorsed on the day of service with the date, time and place it\nwas served; and\n(b) signed on the day of service; and\n(c) has certified as a true copy of the original,\n\nDivision 2 Criminal Code Amendment (Criminal Damage) Act 2011\nLocal Court (Criminal Procedure) Act 1928 76\nis evidence that the notice was served in accordance with\nsection 133B(2) of the Police Administration Act 1978.\n","sortOrder":138},{"sectionNumber":"192","sectionType":"section","heading":"Procedure on failure to appear after ineffective service","content":"192 Procedure on failure to appear after ineffective service\n(1) If a person fails to appear as required by a notice to appear and the\nCourt is not satisfied that the person was served with the notice in\naccordance with section 133B(2) of the Police Administration\nAct 1978, the Court may dismiss the proceedings.\n(2) The dismissal of proceedings under subsection (1) does not\nprevent the commencement of other proceeding in respect of the\noffence specified in the notice to appear.\nDivision 4 Regulations\n203 Regulations\nThe Administrator may make regulations under this Act.\nDivision 1 Justice Legislation Amendment (Committals\nReform) Act 2010\n204 Application of amendments\nA preliminary examination in relation to a charge the information for\nwhich was laid before the commencement of the Justice Legislation\nAmendment (Committals Reform) Act 2010 is to be conducted in\naccordance with this Act as if that Act had not commenced.\nDivision 2 Criminal Code Amendment (Criminal Damage)\nAct 2011\n","sortOrder":139},{"sectionNumber":"205","sectionType":"section","heading":"Transitional matters for Criminal Code Amendment (Criminal","content":"205 Transitional matters for Criminal Code Amendment (Criminal\nDamage) Act 2011\nThe amendment made to section 121A by the Criminal Code\nAmendment (Criminal Damage) Act 2011 does not affect the\noperation of this Act, on and after the commencement of the\namendment, to an offence:\n(a) mentioned in section 121A(1)(b)(ii) as in force immediately\nbefore the commencement of the amendment; and\n(b) was committed or is alleged to have been committed before\nthe commencement of the amendment.\n\nDivision 4 Transitional matters for Local Court (Repeals and Related Amendments) Act\nLocal Court (Criminal Procedure) Act 1928 77\nDivision 3 Justice Legislation Amendment (Summary\nProcedure) Act 2015\n206 Definitions\namending Act means the Justice Legislation Amendment\n(Summary Procedure) Act 2015.\ncommencement means the commencement of the amending Act.\n","sortOrder":140},{"sectionNumber":"207","sectionType":"section","heading":"Application of amending Act for charges","content":"207 Application of amending Act for charges\nPart IV, Division 2A, as inserted by the amending Act, applies to a\nproceeding in relation to a complaint or information:\n(a) if the complaint is made or the information is laid after the\ncommencement; and\n(b) whether or not an offence charged in the complaint or\ninformation is alleged to have been committed before the\n","sortOrder":141},{"sectionNumber":"208","sectionType":"section","heading":"Application of amending Act for joined charges","content":"208 Application of amending Act for joined charges\n(a) a complaint is made or an information is laid before the\ncommencement (the first complaint); and\n(b) another complaint is made or information is laid charging one\nor more offences against the same defendant after the\ncommencement but before the proceeding in relation to the\nfirst complaint begins (the other complaint); and\n(c) the first complaint and the other complaint are dealt with\ntogether.\n(2) A proceeding mentioned in subsection (1)(c) is dealt with as if the\namending Act had not commenced.\n","sortOrder":142},{"sectionNumber":"Div 4","sectionType":"division","heading":"Transitional matters for Local Court (Repeals and","content":"Division 4 Transitional matters for Local Court (Repeals and\nRelated Amendments) Act 2016\n","sortOrder":143},{"sectionNumber":"209","sectionType":"section","heading":"Offences that may be dealt with summarily","content":"209 Offences that may be dealt with summarily\n(1) Section 120, as amended by the amendment Act, applies in relation\nto offences committed after the commencement.\n\n","sortOrder":144},{"sectionNumber":"Div 5","sectionType":"division","heading":"Transitional matters for Personal Violence Restraining Orders Act 2016","content":"Division 5 Transitional matters for Personal Violence Restraining Orders Act 2016\nLocal Court (Criminal Procedure) Act 1928 78\n(2) Section 121A, as amended by the amendment Act, applies in\nrelation to offences to which section 213(5) of the Criminal Code\napplies that are committed after the commencement.\n(3) Sections 120 and 121A, as in force immediately before\ncommencement, apply in relation to offences committed before the\n(4) Section 131A, as amended by the amendment Act, applies in\nrelation to offences committed before and after the commencement.\n(5) In this section:\namendment Act means the Local Court (Repeals and Related\nAmendments) Act 2016.\ncommencement means the commencement of section 21 of the\namendment Act.\nDivision 5 Transitional matters for Personal Violence\nRestraining Orders Act 2016\n","sortOrder":145},{"sectionNumber":"210","sectionType":"section","heading":"Definitions","content":"210 Definitions\namendment Act means the Personal Violence Restraining Orders\nAct 2016.\ncommencement mean the commencement of the amendment Act.\nexisting order means a personal violence restraining order made\nunder the repealed provisions and in force immediately before the\nrepealed provisions means Part IVA of this Act as in force\nimmediately before its repeal by section 18 of the amendment Act.\n","sortOrder":146},{"sectionNumber":"211","sectionType":"section","heading":"Continuation of existing orders","content":"211 Continuation of existing orders\nOn the commencement, an existing order becomes a personal\nviolence restraining order under the amendment Act.\n","sortOrder":147},{"sectionNumber":"212","sectionType":"section","heading":"Continuation of existing proceedings","content":"212 Continuation of existing proceedings\n(1) On the commencement, proceedings before the Court of Summary\nJurisdiction under the repealed provisions become proceedings\nunder the amendment Act.\n(2) Those proceedings continue uninterrupted and are not affected by\n\n","sortOrder":148},{"sectionNumber":"Div 7","sectionType":"division","heading":"Transitional matters for Justice and Other Legislation Amendment Act 2021","content":"Division 7 Transitional matters for Justice and Other Legislation Amendment Act 2021\nLocal Court (Criminal Procedure) Act 1928 79\nthe enactment of the amendment Act in place of the repealed\nprovisions.\nNote for section 212\nSection 86 of the Local Court Act 2015 also applies in relation to the\nproceedings. That section provides that proceedings before the Court of\nSummary Jurisdiction continue as proceedings before the Local Court.\n","sortOrder":149},{"sectionNumber":"213","sectionType":"section","heading":"Continuation of existing documents","content":"213 Continuation of existing documents\nA summons, warrant or other document relating to an order made\nunder the repealed provisions that, immediately before the\ncommencement, had ongoing effect, continues with the same force\nand effect after the commencement.\n","sortOrder":150},{"sectionNumber":"Div 6","sectionType":"division","heading":"Transitional matters for Local Court (Related","content":"Division 6 Transitional matters for Local Court (Related\nAmendments) Act 2016\n","sortOrder":151},{"sectionNumber":"214","sectionType":"section","heading":"Appeal already commenced","content":"214 Appeal already commenced\n(1) This section applies in relation to an appeal mentioned in\nsection 177 that was lodged before the commencement of this\nsection.\n(2) Section 177, as in force immediately before the commencement of\nthis section, continues to apply to the appeal.\nDivision 7 Transitional matters for Justice and Other\nLegislation Amendment Act 2021\n","sortOrder":152},{"sectionNumber":"215","sectionType":"section","heading":"Definitions","content":"215 Definitions\namending Act means the Justice and Other Legislation\nAmendment Act 2021.\ncommencement means the commencement of Part 7 of the\namending Act.\n","sortOrder":153},{"sectionNumber":"216","sectionType":"section","heading":"Awarding costs","content":"216 Awarding costs\n(1) Section 77, as amended by the amending Act, applies in relation to\na complaint made before the commencement only if the complaint\nhas not been determined before the commencement.\n(2) Section 77, as in force immediately before the commencement,\ncontinues to apply in relation to a complaint determined before the\n\n","sortOrder":154},{"sectionNumber":"Div 8","sectionType":"division","heading":"Transitional matter for Criminal Code Amendment (Property Offences) Act","content":"Division 8 Transitional matter for Criminal Code Amendment (Property Offences) Act\nLocal Court (Criminal Procedure) Act 1928 80\n","sortOrder":155},{"sectionNumber":"217","sectionType":"section","heading":"Right of appeal","content":"217 Right of appeal\nSection 163, as amended by the amending Act, applies in relation\nto decisions made in relation to all proceedings, including decisions\nmade prior to the commencement.\nDivision 8 Transitional matter for Criminal Code Amendment\n(Property Offences) Act 2022\n","sortOrder":156},{"sectionNumber":"218","sectionType":"section","heading":"Offences that may be dealt with summarily","content":"218 Offences that may be dealt with summarily\nSection 121A(1)(a), as in force immediately before the\ncommencement of section 28 of the Criminal Code Amendment\n(Property Offences) Act 2022, continues to apply in relation to an\noffence committed before the commencement.\n\nLocal Court (Criminal Procedure) Act 1928 81\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nJustices Ordinance 1928 (Act No. 26, 1928)\nAssent date 30 November 1928\nCommenced 1 August 1929 (North Australian Gaz 26 April 1929)\nJustices Ordinance 1929 (Act No. 17, 1929)\nAssent date 29 August 1929\nCommenced 1 August 1929\nJustices Ordinance 1931 (Act No. 2, 1931)\nAssent date 26 February 1931\nCommenced 26 February 1931\nJustices Ordinance 1933 (Act No. 12, 1933)\nAssent date 7 September 1933\nCommenced 7 September 1933\nJustices Ordinance 1939 (Act No. 6, 1939)\nAssent date 18 May 1939\nCommenced 18 May 1939\nJustices Ordinance 1952 (Act No. 31, 1952)\nAssent date 5 September 1952\nCommenced 23 February 1953 (North Australian Gaz No. 7,\n18 February 1953)\n\nLocal Court (Criminal Procedure) Act 1928 82\nJustices Ordinance 1957 (Act No. 16, 1957)\nAssent date 12 April 1957\nCommenced 12 April 1957\nJustices Ordinance 1961 (Act No. 31, 1961)\nAssent date 13 September 1961\nCommenced 13 September 1961\nJustices Ordinance 1961 (Act No. 31, 1961)\nAssent date 13 September 1961\nCommenced 13 September 1961\nJustices Ordinance 1964 (Act No. 69, 1964)\nAssent date 18 December 1964\nCommenced 18 December 1964\nJustices Ordinance 1965 (Act No. 60, 1965)\nAssent date 17 December 1965\nCommenced 14 February 1966 (s 2)\nJustices Ordinance (No. 2) 1970 (Act No. 67, 1970)\nAssent date 10 December 1970\nCommenced 10 December 1970\nJustices Ordinance 1970 (Act No. 76, 1970)\nAssent date 18 December 1970\nCommenced 18 December 1970 (s 2, s 2 Records of Depositions\nOrdinance 1970 (Act No. 44, 1970) and Gaz No. 50A,\n","sortOrder":157},{"sectionNumber":"18","sectionType":"section","heading":"December 1970, p 365)","content":"18 December 1970, p 365)\nJustices Ordinance 1973 (Act No. 19, 1973)\nAssent date 8 May 1973\nCommenced 14 June 1973 (Gaz No. 24, 14 June 1973, p 199)\nJustices Ordinance (No. 2) 1973 (Act No. 50, 1973)\nAssent date 18 July 1973\nCommenced 25 October 1973 (Gaz No. 42, 18 October 1973, p 377)\nJustices Ordinance (No. 3) 1973 (Act No. 86, 1973)\nAssent date 11 December 1973\nCommenced 16 May 1974 (Gaz No. 20, 16 May 1974)\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\n\nLocal Court (Criminal Procedure) Act 1928 83\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nJustices Ordinance 1974 (Act No. 54, 1974)\nAssent date 30 September 1974\nCommenced 28 October 1974 (Gaz No. 42, 17 October 1974, p 475)\nJustices Ordinance (No. 2) 1974 (Act No. 63, 1974)\nAssent date 21 October 1974\nCommenced 21 October 1974\nJustices Ordinance (No. 2) 1975 (Act No. 19, 1975)\nAssent date 30 July 1975\nCommenced 30 July 1975\nJustices Ordinance 1975 (Act No. 20, 1976)\nAssent date 27 May 1976\nCommenced 27 May 1976\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2));\nss 3 and 4: 11 December 1973; s 5: 24 October 1974\nJustices Ordinance 1976 (Act No. 5, 1977)\nAssent date 10 February 1977\nCommenced 4 April 1977 (s 2, s 2 Magistrates Ordinance 1976 (Act No. 4,\n1977) and Gaz No. 13A, 4 April 1977, p 492)\nTransfer of Powers (Further Provisions) Ordinance 1977 (Act No. 51, 1977)\nAssent date 9 December 1977\nCommenced 1 January 1978 (s 2)\nJustices Ordinance 1978 (Act No. 45, 1978)\nAssent date 29 June 1978\nCommenced 1 July 1978 (s 3)\nTransfer of Powers (Self-Government) Ordinance 1978 (Act No. 54, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978 (s 2)\nLaw Officers Ordinance 1978 (Act No. 61, 1978)\nAssent date 1 July 1978\nCommenced 1 July 1978\nJustices Act (No. 2) 1978 (Act No. 6, 1979)\nAssent date 17 January 1979\nCommenced 17 January 1979\n\nLocal Court (Criminal Procedure) Act 1928 84\nJustices Act 1979 (Act No. 149, 1979)\nAssent date 12 December 1979\nCommenced 12 December 1979\nStatute Law Revision Act (No. 3) 1979 (Act No. 37, 1980)\nAssent date 24 April 1980\nCommenced 24 April 1980\nLimitation Act 1981 (Act No. 87, 1981)\nAssent date 21 September 1981\nCommenced 26 February 1982 (Gaz G8, 26 February 1982, p 2)\nJustices Amendment Act 1981 (Act No. 109, 1981)\nAssent date 21 December 1981\nCommenced 21 December 1981\nJustices Amendment Act 1983 (Act No. 2, 1983)\nAssent date 27 April 1983\nCommenced 10 June 1983 (Gaz G23, 10 June 1983, p 8)\nStatute Law Revision Act 1982 (Act No. 21, 1982)\nAssent date 27 April 1982\nCommenced 27 April 1982\nJustices Amendment Act 1982 (Act No. 62, 1982)\nAssent date 8 October 1982\nCommenced 29 June 1983 (s 2, s 2 Bail Act 1982 (Act No. 57, 1982) and\nGaz S19, 29 June 1983)\nJustices Amendment Act 1983 (Act No. 2, 1983)\nAssent date 27 April 1983\nCommenced 10 June 1983 (Gaz G23, 10 June 1983, p 8)\nJustices (Criminal Code) Amendment Act 1983 (Act No. 66, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n","sortOrder":158},{"sectionNumber":"26","sectionType":"section","heading":"February 1986, p 5)","content":"26 February 1986, p 5)\nJustices Amendment Act 1984 (Act No. 2, 1984)\nAssent date 3 April 1984\nCommenced 3 April 1984\nJustices Amendment Act (No. 2) 1984 (Act No. 10, 1984)\nAssent date 29 June 1984\nCommenced 29 June 1984 (s 2 and s 2 Criminal code amendment\nAct 1984 (Act No. 9, 1984)\nJustices Amendment Act 1985 (Act No. 10, 1985)\nAssent date 1 April 1985\nCommenced 1 May 1985 (Gaz G17, 1 May 1985, p 7)\n\nLocal Court (Criminal Procedure) Act 1928 85\nLaw Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)\nAssent date 10 December 1986\nCommenced 19 December 1986 (Gaz S87, 17 December 1986)\nJustices Amendment Act 1988 (Act No. 33, 1988)\nAssent date 14 September 1988\nCommenced 14 September 1988\nJustices Amendment Act (No. 3) 1988 (Act No. 55, 1988)\nAssent date 17 November 1988\nCommenced 1 August 1990 (Gaz S47, August 1990)\nJustices Amendment Act 1989 (Act No. 7, 1989)\nAssent date 28 March 1989\nCommenced 30 October 1989 (Gaz S61, 27 October 1989)\nJustices (Subsequential Amendments) Act 1989 (Act No. 54, 1989)\nAssent date 20 September 1989\nCommenced 20 September 1989\nJustices Amendment Act (No. 2) 1989 (Act No. 53, 1989)\nAssent date 20 September 1989\nCommenced 20 September 1989\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions\nAct 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991,\np 9)\nLocal Court (Consequential Amendments) Act 1990 (Act No. 31, 1990)\nAssent date 11 June 1990\nCommenced s 5: 11 June 1990; rem: 1 January 1991 (s 2, s 2 Local Court\nAct 1989 (Act No. 31, 1990) and Gaz G49,\n","sortOrder":159},{"sectionNumber":"12","sectionType":"section","heading":"December 1990, p 2)","content":"12 December 1990, p 2)\nJustices Amendment Act 1991 (Act No. 40, 1991)\nAssent date 26 September 1991\nCommenced s 7: 1 January 1992; rem: 1 November 1991 (s 2(2), s 2\nJustices of the Peace Act 1991 (Act No. 42, 1991), Gaz G50,\n18 December 1991, p 3 and Gaz S58, 1 November 1991)\nJustices Amendment Act (No. 2) 1991 (Act No. 41, 1991)\nAssent date 26 September 1991\nCommenced 1 January 1992 (Gaz S65, 20 December 1991)\nStatute Law Revision Act 1992 (Act No. 46, 1992)\nAssent date 7 September 1992\nCommenced 7 September 1992\n\nLocal Court (Criminal Procedure) Act 1928 86\nJustices Amendment Act 1992 (Act No. 68, 1992)\nAssent date 14 December 1992\nCommenced 1 January 1994 (s 2, s 2 Domestic Violence Act 1992 (Act\nNo. 67, 1992) and Gaz G51, 22 December 1993, p 3)\nJustices Amendment Act 1993 (Act No. 17, 1993)\nAssent date 16 June 1993\nCommenced 1 August 1993 (Gaz G29, 21 July 1993, p 3)\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No.\n83, 1993) and Gaz S35, 20 May 1994)\nJustices Amendment Act 1994 (Act No. 14, 1994)\nAssent date 6 April 1994\nCommenced 1 December 1994 (s 2)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994 (s 10(2))\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nJustices Amendment Act 1996 (Act No. 35, 1996)\nAssent date 5 September 1996\nCommenced 1 November 1996 (Gaz G41, 9 October 1996, p 4)\nJustices Amendment Act 1997 (Act No. 5, 1997)\nAssent date 26 March 1997\nCommenced 4 May 1997 (Gaz G17, 30 April 1997, p 2)\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced s 16: 10 December 1997; rem: 1 May 1997 (Gaz G17,\n","sortOrder":160},{"sectionNumber":"30","sectionType":"section","heading":"April 1997, p 2)","content":"30 April 1997, p 2)\nJustices Amendment Act 1998 (Act No. 6, 1998)\nAssent date 25 March 1998\nCommenced 22 April 1998 (Gaz G15, 22 April 1998, p 3)\nJustices Amendment Act (No. 2) 1998 (Act No. 57, 1998)\nAssent date 1 September 1998\nCommenced 23 September 1998 (Gaz G37, 23 September 1998, p 5)\n\nLocal Court (Criminal Procedure) Act 1928 87\nJustices Amendment Act 1999 (Act No. 7, 1999)\nAssent date 9 March 1999\nCommenced 9 March 1999\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nJustices Amendment Act 2000 (Act No. 7, 2000)\nAssent date 21 March 2000\nCommenced s 3: 1 August 1990; s 5(1): 4 February 1998;\ns 5(2): 26 August 1998; rem: 21 March 2000 (s 2)\nStatute Law Revision Act 2000 (Act No. 19, 2000)\nAssent date 6 June 2000\nCommenced s 6: 4 December 1999; rem: 12 July 2000 (s 2 and Gaz G27,\n12 July 2000, p 2)\nJustices Amendment Act 2001 (Act No. 40, 2001)\nAssent date 19 July 2001\nCommenced 26 September 2001 (s 2)\nJustices Amendment Act (No. 2) 2001 (Act No. 51, 2001)\nAssent date 19 October 2001\nCommenced 22 October 2001 (s 2, s 2 Police Administration Amendment\nAct 2001 (Act No. 50, 2001) and Gaz S44, 22 October 2001)\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 59, 2001) and Gaz G50,\n","sortOrder":161},{"sectionNumber":"19","sectionType":"section","heading":"December 2001, p 3)","content":"19 December 2001, p 3)\nEvidence Reform (Children and Sexual Offences) Act 2004 (Act No. 56, 2004)\nAssent date 4 November 2004\nCommenced 8 December 2004 (Gaz G49, 8 December 2004, p 3)\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005) and Gaz G30, 26 July 2006, p 3)\nCriminal Code Amendment (Criminal Responsibility Reform) Act 2005 (Act No. 37,\n2005)\nAssent date 22 November 2005\nCommenced 20 December 2006 (Gaz G51, 20 December 2006, p 2)\nEvidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32,\n2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\nJustice Legislation Amendment Act (No. 2) 2006 (Act No. 35, 2006)\nAssent date 3 November 2006\nCommenced 3 November 2006\n\nLocal Court (Criminal Procedure) Act 1928 88\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007; rem: 17 May 2007 (Gaz G26, 27 June\n2007, p 3)\nEvidence of Children Act 2007 (Act No. 16, 2007)\nAssent date 18 September 2007\nCommenced 10 October 2007 (Gaz G41, 10 October 2007, p 4)\nDomestic and Family Violence Act 2007 (Act No. 34, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nCross-border Justice Act 2009 (Act No. 1, 2009)\nAssent date 12 March 2009\nCommenced ss 67(b), 68(2)(e), 106, 108, 114, 116 and pt 15, div 6:\n1 December 2009; rem: 1 November 2009 (Gaz S59,\n29 October 2009)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nJustice Legislation Amendment (Committals Reform) Act 2010 (Act No. 31, 2010)\nAssent date 9 September 2010\nCommenced 1 April 2011 (Gaz G13, 30 March 2011, p 11)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nCriminal Code Amendment (Criminal Damage) Act 2011 (Act No. 5, 2011)\nAssent date 16 March 2011\nCommenced 1 June 2011 (Gaz S19, 4 May 2011)\nCriminal Code Amendment (Sentencing Appeals) Act 2011 (Act No. 10, 2011)\nAssent date 18 April 2011\nCommenced 27 April 2011 (Gaz G17, 27 April 2011, pp 8 – 9)\nJustice and Other Legislation Amendment Act 2012 (Act No. 2, 2012)\nAssent date 21 March 2012\nCommenced pts 2, 3 and 5 to 7: 1 August 2012; rem: 1 September 2012\n(Gaz G29, 18 July 2012, p 7)\nCriminal Code Amendment (Assaults on Workers) Act 2013 (Act No. 3, 2013)\nAssent date 14 March 2013\nCommenced 1 May 2013 (Gaz S16, 22 April 2013)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\n\nLocal Court (Criminal Procedure) Act 1928 89\nJustice Legislation Amendment (Summary Procedure) Act 2015 (Act No. 20, 2015)\nAssent date 6 July 2015\nCommenced 21 September 2015 (Gaz S92, 16 September 2015)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nPersonal Violence Restraining Orders Act 2016 (Act No. 10, 2016)\nAssent date 29 April 2016\nCommenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2\nLocal Court (Repeals and Related Amendments)\nAct 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nPersonal Violence Restraining Orders Act 2016 (Act No. 10, 2016)\nAssent date 29 April 2016\nCommenced pt 4, div 5: 29 April 2016; rem: 1 May 2016 (s 2, s 2 Local\nCourt (Repeals and Related Amendments) Act 2016 (Act\nNo. 9, 2016) and Gaz S34, 29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nJustice Legislation Amendment (Body-worn Video and Domestic Violence Evidence)\nAct 2017 (Act No. 6, 2017)\nAssent date 5 April 2017\nCommenced s 6 (ext ins ss 21H to 21R) and pt 4: 2 August 2017 (S55,\n2 August 2017); rem: 26 April 2017 (Gaz G17, 26 April 2017,\np 6)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n","sortOrder":162},{"sectionNumber":"11","sectionType":"section","heading":"December 2019, p 2); rem: 7 November 2019 (s 2)","content":"11 December 2019, p 2); rem: 7 November 2019 (s 2)\nJustice and Other Legislation Amendment Act 2021 (Act No. 7, 2021)\nAssent date 13 April 2021\nCommenced 14 April 2021 (s 2)\n\nLocal Court (Criminal Procedure) Act 1928 90\nJustice and Licensing Legislation Amendment Act 2022 (Act No. 6, 2022)\nAssent date 14 April 2022\nCommenced pt 6: 1 May 2022; rem: 1 July 2022 (Gaz S17, 27 April 2022)\nCriminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)\nAssent date 31 October 2022\nCommenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making\nAct 2023 (Act No. 19, 2023) and Gaz 13, 20 June 2024, p 2);\npt 8: 19 March 2026 (s 2(5)); pts 9 and 10: 1 July 2024\n(s 2(3)); rem: 25 May 2024 (s 2(1))\nBail Legislation Amendment Act 2024 (Act No. 16, 2024)\nAssent date 29 October 2024\nCommenced 6 January 2025 (Gaz S111, 23 December 2024)\nDefamation Legislation Amendment Act 2025 (Act No. 20, 2025)\nAssent date 10 August 2025\nCommenced 11 August 2025 (s 2)\n","sortOrder":163},{"sectionNumber":"3","sectionType":"section","heading":"SAVINGS AND TRANSITIONAL PROVISIONS","content":"3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 17(2) Justices Ordinance 1961 (Act No. 31, 1961)\nss 6(3) and 10(3) Justices Ordinance 1973 (Act No. 19, 1973)\ns 19 Justices Ordinance 1974 (Act No. 54, 1974)\ns 4 Justices Act (No. 2) 1978 (Act No. 6, 1979)\ns 4 Justices Amendment Act 1981 (Act No. 109, 1981)\ns 5 Justices Amendment Act 1983 (Act No. 2, 1983)\ns 9 Justices Amendment Act 1985 (Act No. 10, 1985)\ns 4 Justices Amendment Act 1993 (Act No. 17, 1993)\ns 7 Justices Amendment Act 2001 (Act No. 40, 2001)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Ordinances Revision\nOrdinance 1973 (Act No. 87, 1973) (as amended) to the following provisions:\nss 4, 5, 8 – 11, 13, 17, 21, 25, 26, 26A, 27, 28, 31, 39, 40, 41, 43 – 46, 48,\n52, 56, 57, 57A – 57E, 60, 62, 62A, 65, 75, 78, 79, 81, 83, 85, 87, 89, 91, 99,\n\nLocal Court (Criminal Procedure) Act 1928 91\n100, 106A, 108A, 109, 113, 114, 117, 118, 120, 121, 123, 123A, 124, 128,\n129, 130A, 130B, 131B – 131E, 135, 138, 141 – 144, 147, 153, 155, 156,\n158 – 161, 162A, 163, 164, 167, 168, 171 – 175, 178 – 180, 182, 187A, 188,\n194 – 197, 200, 202 and 203.\n5 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 27A, 57, 59, 60, 60AA,\n60AC, 60AE, 60AF, 60AM, 60AT, 60AU, 62A, 63A, 65, 78, 78A, 79, 105B,\n105D, 105F, 105L, 112, 114, 136, 168, 170, 189, 191 and 192.\n","sortOrder":164},{"sectionNumber":"6","sectionType":"section","heading":"LIST OF AMENDMENTS","content":"6 LIST OF AMENDMENTS\nlt amd No. 21, 1982, s 2; No. 9, 2016, s 4\ns 1 amd No. 21, 1982, s 2\nsub No. 9, 2016, s 5\ns 2 amd No. 67, 1970, s 1; No. 21, 1982, s 2\ns 3 amd No. 86, 1973, s 4\nrep No. 54, 1974, s 4\ns 4 amd No. 12, 1933, s 2; No. 16, 1957, s 2; No. 67, 1970, s 2; No. 19, 1973,\ns 4; No. 54, 1974, s 18; No. 27, 1976, s 6; No. 61, 1978, s 4; No. 21, 1982,\ns 2; No. 62, 1982, s 5; No. 10, 1985, s 4; No. 31, 1990, s 7; No. 40, 1991, s 7;\nNo. 17, 1996, s 6; No. 16, 2007, s 4; No. 34, 2007, s 142; No. 31, 2010, ss 4\nand 23; No. 27, 2014, s 15; No. 20, 2015,s 4; No. 9, 2016, s 6; No. 10, 2016,\ns 34; No. 20, 2023, s 54; No. 16, 2024, s 20\ns 4A ins No. 19, 1973, s 5\namd No. 5, 1977, s 4; No. 21, 1982, s 2\ns 5 amd No. 54, 1974, s 18; No. 21, 1982, s 2\nins No. 9, 2016, s 7\nss 6 – 7 amd No. 21, 1982, s 2\ns 8 amd No. 12, 1933, s 2; No. 21, 1982, s 2\ns 9 amd No. 12, 1933, s 3; No. 87, 1973, s 12; No. 21, 1982, s 2\nrep No. 9, 2016, s 7\ns 10 amd No. 12, 1933, ss 2 and 4; No. 6, 1939, s 2; No. 19, 1973, s 6; No. 5,\n1977, s 5; No. 51, 1977, s 3; No. 10, 1985, s 5\ns 10A ins No. 10, 1985, s 6\ns 11 amd No. 12, 1933, s 5; No. 6, 1939, s 3; No. 31, 1961, s 2; No. 19, 1973, s 7;\nNo. 87, 1973, s 12; No. 5, 1977, s 6; No. 61, 1978, s 4; No. 149, 1979, s 4;\nNo. 10, 1985, s 7\ns 12 rep No. 5, 1977, s 7\ns 13 amd No. 19, 1973, s 8\nrep No. 5, 1977, s 7\npt II hdg rep No. 9, 2016, s 8\ns 14 amd No. 17, 1996, s 6; No. 31, 2010, s 23\ns 15 amd No. 12, 1933, ss 2 and 4; No. 87, 1973, s 12\nss 16 – 17 rep No. 40, 1991, s 7\n\nLocal Court (Criminal Procedure) Act 1928 92\ns 18 sub No. 31, 1961, s 3\namd No. 51, 1977, s 3; No. 54, 1978, s 3; No. 61, 1978, s 4; No. 21, 1982,\ns 2; No. 10, 1985, s 8\ns 19 amd No. 21, 1982, s 2; No. 2, 1983, s 6\ns 19A ins No. 2, 1984, s 2\ns 20 amd No. 12, 1933, s 2; No. 21, 1982, s 2; No. 31, 2010, s 23; No. 9, 2016,\ns 24\ns 21 rep No. 62, 1982, s 4\ns 22 amd No. 50, 1973, s 4; No. 149, 1979, s 4; No. 21, 1982, s 2; No. 31, 2010,\ns 22A ins No. 12, 1933, s 6\ns 23 amd No. 35, 2006, s 23; No. 9, 2016, s 24\ns 24 rep No. 32, 2006, s 7\ns 25 amd No. 9, 2016, s 24\ns 26 amd No. 21, 1982, s 2; No. 31, 2010, s 23; No. 27, 2014, s 23\ns 26A ins No. 31, 1961, s 4\namd No. 27, 2014, s 23; No. 9, 2016, s 24\ns 27 amd No. 50, 1973, s 5; No. 21, 1982, s 2; No. 14, 1995, s 12; No. 34, 2007,\ns 143; No. 31, 2010, s 23\ns 27A ins No. 50, 1973, s 6\namd No. 54, 1974, s 18; No. 6, 1979, s 3; No. 149, 1979, ss 3 and 4; No. 21,\n1982, s 2; No. 2, 1983, s 7; No. 33, 1988, s 3; No. 17, 1997, s 12; No. 7,\n2000, s 4; No. 31, 2010, s 23; No. 9, 2016, s 24\ns 28 amd No. 50, 1973, s 7; No. 149, 1979, s 4; No. 17, 1997, s 12; No. 32, 2006,\ns 8; No. 40, 2010, s 63; No. 31, 2010, s 23; No. 9, 2016, s 24\ndiv 4 hdg rep No. 9, 2016, s 8\ns 29 amd No. 149, 1979, s 4; No. 31, 2010, s 23\ns 30 rep No. 62, 1982, s 4\ndiv 5 hdg amd No. 31, 2010, s 23\nss 31 – 32 amd No. 21, 1982, s 2; No. 31, 2010, s 23\ns 33 amd No. 12, 1933, s 7; No. 86, 1973, s 5; No. 31, 2010, s 23; No. 27, 2014,\ns 23\ns 33A ins No. 12, 1933, s 8\namd No. 87, 1973, s 12; No. 54, 1974, s 18; No. 21, 1982, s 2; No. 31, 2010,\ns 23\ns 33B ins No. 12, 1933, s 3\namd No. 54, 1974, s 18; No. 21, 1982, s 2\nins No. 60, 2001, s 9\namd No. 31, 2010, s 23; No. 27, 2014, s 23\ndiv 6 hdg rep No. 9, 2016, s 8\ns 34 amd No. 21, 1982, s 2; No. 31, 2010, s 23\ns 35 rep No. 9, 2016, s 8\n\nLocal Court (Criminal Procedure) Act 1928 93\ns 36 amd No. 21, 1982, s 2\ns 37 amd No. 21, 1982, s 2; No. 31, 2010, s 23\ndiv 6A hdg ins No. 86, 1973, s 6\ns 37A ins No. 86, 1973, s 6\namd No. 54, 1974, s 18; No. 27, 1976, s 6\nss 37B – 37C ins No. 86, 1973, s 6\namd No. 54, 1974, s 18; No. 21, 1982, s 2\ns 37D ins No. 86, 1973, s 6\namd No. 54, 1974, s 18\ndiv 7 hdg amd No. 31, 2010, s 23\ns 38 amd No. 86, 1973, s 7; No. 62, 1982, s 4; No. 31, 2010, s 23\ns 39 amd No. 12, 1933, s 9; No. 54, 1974, s 18; No. 62, 1982, s 4; No. 60, 2001,\ns 9; No. 31, 2010, s 23\ns 39A ins No. 12, 1933, s 10\ns 40 sub No. 31, 1961, s 5\ns 41 amd No. 31, 2010, s 23\ndiv 1 hdg rep No. 9, 2016, s 8\ns 41A ins No. 54, 1974, s 5\ns 42 amd No. 12, 1933, s 11; No. 31, 1961, s 6; No. 54, 1974, s 18; No. 51, 1977,\ns 3; No. 54, 1978, s 3; No. 109, 1981, s 3; No. 2, 1983, s 8\nsub No. 31, 1990, s 7\namd No. 1, 2009, s 147\ns 43 amd No. 69, 1964, s 2; No. 60, 1965, s 3; No. 21, 1982, s 2; No. 40, 1991,\ns 7; No. 12, 2010, s 3; No. 31, 2010, s 23\ns 44 amd No. 17, 1996, s 6; No. 31, 2010, s 23\ns 45 amd No. 17, 1996, s 6\ns 46 amd No. 60, 1965, s 4; No. 54, 1974, s 18; No. 149, 1979, s 4; No. 21, 1982,\ns 2; No. 17, 1996, s 6; No. 12, 2010, s 3; No. 31, 2010, s 23\ns 47 amd No. 54, 1974, s 18\ns 48 amd No. 60, 1965, s 5\ns 49 amd No. 87, 1973, s 12\nsub No. 9, 2016, s 9\ns 50 amd No. 21, 1982, s 2; No. 31, 2010, s 23; No. 9, 2016, s 24\n\nLocal Court (Criminal Procedure) Act 1928 94\ns 51 sub No. 31, 1961, s 7\namd No. 21, 1982, s 2; No. 9, 2016, s 24\ns 52 amd No. 31, 2010, s 23; No. 9, 2016, s 24\ns 53 amd No. 17, 1996, s 6\nrep No. 9, 2016, s 10\nss 55 – 56 amd No. 21, 1982, s 2; No. 9, 2016, s 24\ns 57 amd No. 50, 1973, s 8; No. 149, 1979, s 4; No. 21, 1982, s 2; No. 33, 1988,\ns 4; No. 17, 1996, s 6; No. 31, 2010, s 23; No. 9, 2016, s 24\ns 57A ins No. 50, 1973, s 9\namd No. 87, 1973, s 12; No. 54, 1974, s 18; No. 21, 1982, s 2; No. 7, 2007,\ns 16; No. 31, 2010, s 23; No. 9, 2016, s 24\ns 57B ins No. 50, 1973, s 9\namd No. 149, 1979, s 4; No. 17, 1996, s 6; No. 31, 2010, s 23; No. 9, 2016,\ns 24\ns 57C ins No. 50, 1973, s 9\namd No. 17, 1996, s 6; No. 9, 2016, s 24\ns 57D ins No. 50, 1973, s 9\ns 57E ins No. 50, 1973, s 9\namd No. 149, 1979, s 4; No. 17, 1996, s 6; No. 31, 2010, s 23; No. 9, 2016,\ns 24\ns 58 amd No. 21, 1982, s 2; No. 34, 2007, s 144; No. 31, 2010, s 23; No. 9, 2016,\ns 24\ns 59 amd No. 62, 1982, s 6; No. 9, 2016, s 24\ns 60 amd No. 12, 1933, s 12; No. 21, 1982, s 2; No. 62, 1982, s 7\nsub No. 2, 1983, s 9\namd No. 31, 2010, s 23; No. 27, 2014, s 16; No. 9, 2016, s 24\ndiv 2A hdg ins No. 55, 1988, s 3\nins No. 20, 2015, s 5\nsdiv 1 hdg ins No. 20, 2015, s 5\ns 60AA ins No. 20, 2015, s 5\nss 60AB –\n60AC ins No. 20, 2015, s 5\nsdiv 2 hdg ins No. 20, 2015, s 5\ns 60AD ins No. 20, 2015, s 5\ns 60AE ins No. 20, 2015, s 5\namd No. 6, 2017, s 15\nss 60AF –\n60AH ins No. 20, 2015, s 5\ns 60AI ins No. 20, 2015, s 5\ns 60AJ ins No. 20, 2015, s 5\ns 60AK ins No. 20, 2015, s 5\ns 60AL ins No. 20, 2015, s 5\namd No. 9, 2016, s 24; No. 4, 2017, s 34\nss 60AM –\n60AN ins No. 20, 2015, s 5\ns 60AO ins No. 20, 2015, s 5\n\nLocal Court (Criminal Procedure) Act 1928 95\ns 60AP ins No. 20, 2015, s 5\nss 60AQ –\n60AS ins No. 20, 2015, s 5\nsdiv 3 hdg ins No. 20, 2015, s 5\ns 60AT ins No. 20, 2015, s 5\namd No. 9, 2016, s 24; No. 4, 2024, s 38\ns 60AU ins No. 20, 2015, s 5\namd No. 4, 2024, s 39\nss 60AV –\n60AW ins No. 20, 2015, s 5\nss 60AX –\n60AY ins No. 20, 2015, s 5\nss 60AZ –\n60AZB ins No. 20, 2015, s 5\ns 60AZC ins No. 20, 2015, s 5\nsub No. 9, 2016, s 11\ns 60A ins No. 55, 1988, s 3\namd No. 84, 1993, s 6; No. 7, 2000, s 4\nins No. 1, 2009, s 148\ns 60B ins No. 55, 1988, s 3\nsub No. 7, 2000, s 3\ns 60C ins No. 55, 1988, s 3\namd No. 40, 1991, s 4\ns 60D ins No. 55, 1988, s 3\namd No. 40, 1991, s 5; No. 7, 2000, s 4\nss 60E – 60H ins No. 55, 1988, s 3\ns 60J ins No. 55, 1988, s 3\nss 60K – 60Q ins No. 55, 1988, s 3\ns 60R ins No. 55, 1988, s 3\namd No. 7, 2000, s 4\ns 61 amd No. 54, 1974, s 18; No. 21, 1982, s 2; No. 31, 2010, s 23\ns 62 amd No. 2, 1983, s 10\ns 62A ins No. 31, 1952, s 3\nsub No. 62, 1982, s 8\namd No. 2, 1983, s 11\ns 62AB ins No. 2, 1983, s 12\ns 63 amd No. 9, 2016, s 24; No. 33, 2019, s 50\ns 63A ins No. 2, 1983, s 13\namd No. 17, 1996, s 6; No. 31, 2010, s 23; No. 2, 2012, s 10; No. 27, 2014,\n\nLocal Court (Criminal Procedure) Act 1928 96\ns 64 amd No. 9, 2016, s 24\ns 65 amd No. 12, 1933, s 13; No. 31, 1952, s 4; No. 31, 1961, s 8; No. 54, 1974,\ns 18; No. 27, 1976, s 6; No. 62, 1982, s 9; No. 27, 2014, s 23; No. 9, 2016,\ns 24; No. 33, 2019, s 50\ns 66 rep No. 9, 2016, s 12\ns 67 amd No. 17, 1996, s 6\ns 68 amd No. 17, 1929, s 3; No. 12, 1933, s 2; No. 54, 1974, s 18; No. 31, 2010,\nss 69 – 70 amd No. 17, 1996, s 6\ns 70A ins No. 31, 1961, s 9\namd No. 21, 1982, s 2; No. 17, 1996, s 6; No. 9, 2016, s 24\ns 72 amd No. 76, 1970, s 3; No. 17, 1996, s 6; No. 31, 2010, s 23; No. 9, 2016,\ns 24\ns 73 amd No. 21, 1982, s 2; No. 17, 1996, s 6\ns 74 amd No. 21, 1982, s 2; No. 31, 2010, s 23\ns 75 amd No. 12, 1933, ss 2 and 14; No. 31, 1952, s 5; No. 60, 1965, s 6; No. 54,\n1974, s 18; No. 45, 1978, s 4; No. 21, 1982, s 2; No. 17, 1996, s 6; No. 31,\n2010, s 23\ns 76 amd No. 54, 1974, s 18\ns 77 amd No. 54, 1974, s 18; No. 21, 1982, s 2\nsub No. 41, 1991, s 3\namd No. 31, 2010, s 23; No. 7, 2021, s 21\ns 77A ins No. 41, 1991, s 3\ns 77B ins No. 41, 1991, s 3\ns 77C ins No. 41, 1991, s 3\ns 78 amd No. 21, 1982, s 2; No. 17, 1996, s 6\nsub No. 60, 2001, s 9\ns 78A ins No. 60, 2001, s 9\ns 79 amd No. 60, 2001, s 9\ndiv 6 hdg rep No. 60, 2001, s 9\npt IVA hdg ins No. 34, 2007, s 145\ndiv 1 hdg ins No. 34, 2007, s 145\ns 80 amd No. 17, 1996, s 6\ns 81 sub No. 12, 1933, s 15\namd No. 31, 1961, s 10; No. 60, 1965, s 7; No. 45, 1978, s 5; No. 21, 1982,\ns 2; No. 17, 1996, s 6\ndiv 2 hdg ins No. 34, 2007, s 145\n\nLocal Court (Criminal Procedure) Act 1928 97\ns 82 amd No. 54, 1974, s 18; No. 17, 1996, s 6\ns 83 amd No. 17, 1996, s 6; No. 19, 2000, s 9\ns 84 amd No. 21, 1982, s 2; No. 17, 1996, s 6\ns 85 amd No. 54, 1974, s 18; No. 21, 1982, s 2; No. 17, 1996, s 6; No. 35, 1996,\ns 3\ns 86 rep No. 60, 2001, s 9\ns 87 amd No. 60, 1965, s 8; No. 21, 1982, s 2\ns 88 ins No. 34, 2007, s 145\nss 88A – 88B ins No. 57, 1998, s 3\ns 89 amd No. 21, 1982, s 2\ns 90 rep No. 17, 1996, s 6\ndiv 3 hdg ins No. 34, 2007, s 145\ns 91 amd No. 12, 1933, s 16; No. 17, 1993, s 3; No. 17, 1996, s 6\ns 92 amd No. 21, 1982, s 2\ns 93 amd No. 17, 1996, s 6\ns 93A ins No. 12, 1933, s 17\ns 94 amd No. 60, 1965, s 9; No. 17, 1996, s 6\nss 95 – 96 rep No. 60, 2001, s 9\ns 97 amd No. 17, 1996, s 6\n\nLocal Court (Criminal Procedure) Act 1928 98\ns 98 amd No. 21, 1982, s 2; No. 2, 1983, s 14; No. 17, 1996, s 6; No. 27, 1999,\ns 15\ndiv 7 hdg rep No. 34, 2007, s 145\ns 99 amd No. 12, 1933, s 18; No. 54, 1974, s 18; No. 21, 1982, s 2; No. 17, 1996,\ns 6\nrep No. 34, 2007, s 145\ns 100 amd No. 21, 1982, s 2\nrep No. 34, 2007, s 145\ndiv 8 hdg ins No. 7, 1989, s 4\nss 100AA –\n100AB ins No. 7, 1989, s 4\ns 100ABA ins No. 40, 1991, s 6\nss 100AC –\n100AK ins No. 7, 1989, s 4\npt V\ndiv 1A hdg ins No. 31, 2010, s 5\ns 100 ins No. 31, 2010, s 5\ns 100A ins No. 63, 1974, s 3\namd No. 56, 2004, s 10\nrep No. 31, 2010, s 6\ns 101 amd No. 12, 1933, s 2; No. 21, 1982, s 2; No. 31, 2010, s 23; No. 9, 2016,\ns 24\ns 101A ins No. 12, 1933, s 19\nss 103 – 104 amd No. 9, 2016, s 24\ns 105 amd No. 21, 1982, s 2; No. 9, 2016, s 24\ns 105AA ins No. 56, 2004, s 11\namd No. 16, 2007, s 5\nrep No. 31, 2010, s 7\ns 105A ins No. 63, 1974, s 4\namd No. 21, 1982, s 2; No. 56, 2004, s 12; No. 16, 2007, s 6\nsub No. 31, 2010, s 7\ns 105B ins No. 63, 1974, s 4\namd No. 149, 1979, s 4; No. 33, 1988, s 5; No. 56, 2004, s 13; No. 16, 2007,\ns 7\nsub No. 31, 2010, s 7\nss 105C –\n105D ins No. 31, 2010, s 7\ns 105E ins No. 31, 2010, s 7\ns 105F ins No. 31, 2010, s 7\namd No. 6, 2017, s 16\nss 105G –\n105K ins No. 31, 2010, s 7\ns 105L ins No. 31, 2010, s 7\ns 106 amd No. 31, 1961, s 11\nsub No. 63, 1974, s 4\nrep No. 31, 2010, s 7\n\nLocal Court (Criminal Procedure) Act 1928 99\ns 106A ins No. 31, 1961, s 12\namd No. 54, 1974, s 18; No. 21, 1982, s 2; No. 40, 1991, s 7; No. 5, 1997,\ns 3; No. 31, 2010, s 23; No. 9, 2016, s 24\ns 107 amd No. 31, 2010, s 23\ns 108 amd No. 12, 1933, s 2; No. 31, 1961, s 13; No. 76, 1970, s 4; No. 31, 2010,\ns 23\ns 108A ins No. 12, 1933, s 20\namd No. 54, 1974, s 18\ns 109 amd No. 12, 1933, s 21; No. 63, 1974, s 5; No. 31, 2010, s 8; No. 9, 2016,\ns 24\ns 110 amd No. 31, 1961, s 14; No. 76, 1970, s 5\nsub No. 31, 2010, s 9\ns 111 sub No. 31, 2010, s 9\ns 112 amd No. 12, 1933, s 22; No. 54, 1974, s 6; No. 62, 1982, s 10; No. 31, 2010,\ns 23; No. 27, 2014, s 17; No. 9, 2016, s 24\ns 112A ins No. 31, 2010, s 10\ns 113 amd No. 31, 1961, s 15; No. 31, 2010, s 11; No. 27, 2014, s 18; No. 9, 2016,\ns 24\ns 114 amd No. 62, 1982, s 11; No. 9, 2016, s 24\ns 115 amd No. 31, 1961, s 16; No. 27, 2014, s 23; No. 9, 2016, s 24\ns 116 amd No. 76, 1970, s 6; No. 54, 1974, s 18; No. 61, 1978, s 4; No. 62, 1982,\ns 12; No. 48, 1986, s 9; No. 29, 1990, s 7; No. 31, 2010, s 12; No. 9, 2016,\ns 24\ns 117 amd No. 2, 1931, s 2; No. 12, 1933, s 23; No. 63, 1974, s 6; No. 31, 2010,\ns 13\ns 118 amd No. 31, 2010, s 23\ns 119 amd No. 31, 2010, s 23\nsub No. 27, 2014, s 19\npt V\ndiv 2 hdg sub No. 9, 2016, s 13\ns 120 amd No. 12, 1933, s 24; No. 31, 1961, s 17; No. 60, 1965, s 10; No. 87,\n1973, s 12; No. 54, 1974, s 18; No. 149, 1979, s 4; No. 21, 1982, s 2\nsub No. 66, 1983, s 4\namd No. 40, 1991, s 7; No. 5, 1997, s 4\nsub No. 9, 2016, s 14\namd No. 24, 2022, s 27\ns 121 rep No. 66, 1983, s 4\ns 121A ins No. 20, 1976, s 3\namd No. 21, 1982, s 2; No. 2, 1983, s 15; No. 53, 1989, s 2; No. 40, 1991,\ns 7; No. 17, 1996, s 6; No. 5, 1997, s 5; No. 31, 2010, s 23; No. 5, 2011, s 7\nsub No. 9, 2016, s 14\namd No. 24, 2022, s 27\nss 121B –\n121C ins No. 20, 1976, s 3\ns 122 sub No. 12, 1933, s 25; No. 20, 1976, s 3\n\nLocal Court (Criminal Procedure) Act 1928 100\ns 122A ins No. 20, 1976, s 3\namd No. 40, 1991, s 7\nsub No. 5, 1997, s 6\namd No. 31, 2010, s 14; No. 9, 2016, s 24\ns 123 sub No. 12, 1933, s 25\namd No. 31, 1961, s 18; No. 63, 1974, s 7; No. 40, 1991, s 7\ns 123A ins No. 31, 1961, s 19\nrep No. 33, 2005, s 3\ns 124 amd No. 12, 1933, s 26; No. 20, 1976, s 4; No. 40, 1991, s 7; No. 31, 2010,\ns 23\nsub No. 9, 2016, s 15\ns 125 amd No. 54, 1974, s 18; No. 20, 1976, s 5; No. 21, 1982, s 2; No. 5, 1997,\ns 7; No. 9, 2016, s 16\ns 126 amd No. 63, 1974, s 8; No. 5, 1997, s 8; No. 9, 2016, s 24\ns 127 rep No. 20, 1976, s 6\ns 129 sub No. 12, 1933, s 27\namd No. 31, 1961, s 20; No. 60, 1965, s 11; No. 54, 1974, s 18; No. 20,\n1976, s 7; No. 21, 1982, s 2; No. 40, 1991, s 7; No. 17, 1996, s 6\nrep No. 5, 1997, s 9\ns 130 amd No. 12, 1933, s 28; No. 46, 1992, s 3\ns 130A ins No. 12, 1933, s 29\namd No. 21, 1982, s 2; No. 66, 1983, s 5; No. 7, 1999, s 2; No. 9, 2016, s 24\ns 130B ins No. 16, 1957, s 3\namd No. 54, 1974, s 18; No. 19, 1975, s 3; No. 21, 1982, s 2; No. 66, 1983,\ns 6; No. 31, 2010, s 23; No. 9, 2016, s 24\ns 131 amd No. 76, 1970, s 7; No. 54, 1974, s 18; No. 21, 1982, s 2; No. 17, 1996,\ns 6; No. 31, 2010, s 15; No. 9, 2016, s 24\ns 131A ins No. 31, 1961, s 21\namd No. 87, 1973, s 12\nsub No. 21, 1982, s 2; No. 66, 1983, s 7\namd No. 10, 1984, s 3; No. 14, 1994, s 3; No. 37, 2005; No. 3, 2013, s 6\nsub No. 9, 2016, s 17\namd No. 20, 2025, s 30\ns 131B ins No. 31, 1961, s 21\namd No. 60, 1965, s 12; No. 54, 1974, s 18; No. 20, 1976, s 8; No. 21, 1982,\ns 2\ns 131C ins No. 31, 1961, s 21\namd No. 60, 1965, s 13; No. 54, 1974, s 18; No. 20, 1976, s 9; No. 21, 1982,\ns 2\ns 131D ins No. 31, 1961, s 21\namd No. 87, 1973, s 12\ns 131E ins No. 31, 1961, s 21\nss 132 –\n133 amd No. 21, 1982, s 2; No. 17, 1996, s 6\ns 134 amd No. 87, 1973, s 12; No. 54, 1974, s 7; No. 31, 2010, s 16; No. 9, 2016,\ns 24\ns 135 amd No. 9, 2016, s 24\ns 136 sub No. 54, 1974, s 8\namd No. 62, 1982, s 13; No. 31, 2010, s 23; No. 27, 2014, s 20; No. 9, 2016,\ns 24\ns 137 amd No. 76, 1970, s 8\n\nLocal Court (Criminal Procedure) Act 1928 101\ns 138 amd No. 21, 1982, s 2; No. 31, 2010, s 23\ns 139 amd No. 76, 1970, s 9; No. 54, 1974, ss 9 and 18; No. 61, 1978, s 4; No. 62,\n1982, s 14; No. 48, 1986, s 9; No. 29, 1990, s 7; No. 31, 2010, s 17; No. 9,\n2016, s 24\ns 140 rep No. 54, 1974, s 10\ns 141 amd No. 61, 1978, s 4; No. 21, 1982, s 2; No. 62, 1982, s 15; No. 48, 1986,\ns 9; No. 29, 1990, s 7; No. 9, 2016, s 24; No. 10, 2016, s 36\ns 142 amd No. 21, 1982, s 2; No. 62, 1982, s 16; No. 9, 2016, s 24\npt V\ndiv 4 hdg rep No. 62, 1982, s 4\ns 143 amd No. 54, 1974, s 11\ns 144 amd No. 54, 1974, s 12\ns 145 amd No. 54, 1974, s 13\ns 146 amd No. 21, 1982, s 2\nss 147 – 148 rep No. 62, 1982, s 4\ns 149 amd No. 61, 1978, s 4\ns 150 rep No. 62, 1982, s 4\ns 151 amd No. 31, 2010, s 23\nsub No. 27, 2014, s 21\ns 152 amd No. 76, 1970, s 10\nsub No. 31, 2010, s 18\ns 153 amd No. 21, 1982, s 2; No. 31, 2010, s 19; No. 9, 2016, s 24\ns 154 amd No. 31, 2010, s 23; No. 9, 2016, s 24\ns 155 sub No. 27, 2014, s 22\ns 156 amd No. 21, 1982, s 2\ns 157 amd No. 21, 1982, s 2; No. 31, 2010, s 23\ns 158 amd No. 21, 1982, s 2; No. 40, 1991, s 7\ns 159 amd No. 21, 1982, s 2; No. 31, 2010, s 23\ns 160 amd No. 12, 1933, s 30; No. 87, 1973, s 12; No. 31, 1990, s 7\ns 161 amd No. 31, 1961, s 22; No. 40, 1991, s 7\nrep No. 33, 2005, s 3\npt VI hdg amd No. 31, 2010, s 23; No. 9, 2016, s 24\ns 162 amd No. 12, 1933, s 31; No. 54, 1974, s 18; No. 9, 2016, s 24; No. 6, 2022,\ns 18\ns 162A ins No. 31, 1961, s 23\namd No. 87, 1973, s 12; No. 61, 1978, s 4; No. 48, 1986, s 9; No. 29, 1990,\ns 7\nrep No. 40, 2001, s 4\ns 163 amd No. 12, 1933, s 32; No. 31, 1961, s 24; No. 54, 1974, s 18; No. 20,\n1976, s 10; No. 21, 1982, s 2; No. 2, 1983, s 16; No. 40, 2001, s 5; No. 9,\n2016, s 24; No. 7, 2021, s 22\ns 164 amd No. 21, 1982, s 2; No. 2, 1983, s 17; No. 40, 2001, s 6\ns 165 amd No. 21, 1982, s 2\ns 167 amd No. 12, 1933, s 33; No. 16, 1957, s 4; No. 31, 1961, s 25; No. 60, 1965,\ns 14; No. 21, 1982, s 2; No. 31, 2010, s 23\n\nLocal Court (Criminal Procedure) Act 1928 102\ns 168 amd No. 12, 1933, s 34\nsub No. 31, 1961, s 26\namd No. 62, 1982, s 17; No. 6, 1998, s 3; No. 9, 2016, s 24\ns 169 amd No. 31, 2010, s 23\nsub No. 9, 2016, s 19\ns 170 amd No. 12, 1933, s 35; No. 62, 1982, s 18; No. 17, 1996, s 6; No. 27, 2014,\ns 171 amd No. 31, 1961, s 27; No. 21, 1982, s 2; No. 31, 2010, s 23; No. 9, 2016,\ns 24; No. 10, 2018, s 6\ns 172 sub No. 31, 1961, s 28\namd No. 60, 1965, s 15; No. 21, 1982, s 2; No. 2, 1983, s 18; No. 9, 2016,\ns 24; No. 9, 2024, s 28\ns 173 amd No. 12, 1933, s 36\nsub No. 31, 1961, s 28\ns 174 amd No. 31, 1961, s 29; No. 31, 2010, s 23; No. 9, 2016, s 24\ns 175 amd No. 31, 1961, s 30; No. 76, 1970, s 11; No. 54, 1974, s 18; No. 2, 1983,\ns 19; No. 31, 2010, s 20; No. 9, 2016, s 24\ns 175A ins No. 2, 1983, s 20\ns 176 amd No. 76, 1970, s 12; No. 87, 1973, s 12; No. 54, 1974, s 18; No. 20,\n1976, s 11; No. 2, 1983, s 21; No. 9, 2016, s 24\ns 176A ins No. 20, 1976, s 12\nsub No. 2, 1983, s 22\namd No. 17, 1997, s 12; No. 31, 2010, s 23; No. 9, 2016, s 24\ns 177 amd No. 31, 1961, s 31; No. 54, 1974, s 18; No. 20, 1976, s 13; No. 2, 1983,\ns 23; No. 31, 2010, s 23; No. 10, 2011, s 6; No. 9, 2016, s 24; No. 8, 2016,\ns 28\ns 178 amd No. 31, 1961, s 32; No. 60, 1965, s 16; No. 18, 2017, s 36\ns 179 amd No. 21, 1982, s 2; No. 31, 2010, s 23; No. 9, 2016, s 24\ns 180 amd No. 20, 1976, s 14\nrep No. 21, 1982, s 2\npt VIA hdg ins No. 2, 1983, s 24\ns 180A ins No. 2, 1983, s 24\nss 180B –\n180E ins No. 2, 1983, s 24\ns 182 amd No. 54, 1974, s 18\ns 183 amd No. 54, 1974, s 18\ns 183A ins No. 5, 1997, s 10\ns 184 amd No. 54, 1974, s 18; No. 9, 2016, s 24\ns 185 amd No. 53, 1989, s 3; No. 17, 1996, s 6; No. 31, 2010, s 23; No. 9, 2016,\ns 24\ns 186 amd No. 54, 1974, s 18; No. 21, 1982, s 2; No. 17, 1996, s 6; No. 31, 2010,\ns 187 amd No. 54, 1974, s 18; No. 17, 1996, s 6\ns 187A ins No. 12, 1933, s 37\namd No. 54, 1974, s 18; No. 21, 1982, s 2; No. 17, 1996, s 6; No. 9, 2016,\ns 24\ndiv 2 hdg rep No. 9, 2016, s 20\ns 188 amd No. 54, 1974, s 18; No. 61, 1978, s 4; No. 48, 1986, s 9; No. 29, 1990,\ns 7; No. 17, 1996, s 6; No. 40, 2010, s 64; No. 31, 2010, s 23\nrep No. 9, 2016, s 20\n\nLocal Court (Criminal Procedure) Act 1928 103\ndiv 3 hdg ins No. 51, 2001, s 3\nss 189 –\n190 rep No. 40, 1991, s 7\namd No. 31, 2010, s 23; No. 2, 2012, s 11; No. 9, 2016, s 24\ns 191 rep No. 40, 1991, s 7\namd No. 31, 2010, s 23; No. 2, 2012, s 11\ns 192 amd No. 21, 1982, s 2\ns 193 rep No. 40, 1991, s 7\ns 194 amd No. 12, 1933, s 2\nrep No. 87, 1981, s 3\nss 195 – 196 rep No. 87, 1981, s 3\ns 197 amd No. 87, 1981, s 3\ns 198 amd No. 60, 1965, s 17\ns 199 rep No. 40, 1991, s 7\ns 200 amd No. 21, 1982, s 2\ndiv 4A hdg ins No. 5, 1997, s 11\nsub No. 9, 2016, s 21\ns 201A ins No. 5, 1997, s 11\namd No. 31, 2010, s 21\nrep No. 9, 2016, s 21\ndiv 4 hdg sub No. 54, 1974, s 14; No. 9, 2016, s 21\ns 201 sub No. 54, 1974, s 15\nrep No. 2, 1983, s 25\ns 202 amd No. 60, 1965, s 18; No. 21, 1982, s 2; No. 12, 2010, s 3\nrep No. 9, 2016, s 21\ns 203 amd No. 12, 1933, s 2; No. 54, 1974, ss 16 and 18; No. 37, 1980, s 22;\nNo. 21, 1982, s 2; No. 2, 1983, s 26; No. 31, 2010, s 23\nsub No. 9, 2016, s 21\npt VIII hdg ins No. 31, 2010, s 22\nsub No. 20, 2015,s 6\ndiv 1 hdg ins No. 20, 2015,s 6\ns 204 ins No. 31, 2010, s 22\npt IX hdg ins No. 5, 2011, s 7\nsub No. 20, 2015,s 7\ns 205 ins No. 5, 2011, s 7\ndiv 3 hdg ins No. 20, 2015,s 8\nss 206 – 208 ins No. 20, 2015,s 8\ndiv 4 hdg ins No. 9, 2016, s 22\ns 209 ins No. 9, 2016, s 22\ndiv 5 hdg ins No. 10, 2016, s 37\nss 210 – 213 ins No. 10, 2016, s 37\n\nLocal Court (Criminal Procedure) Act 1928 104\ndiv 6 hdg ins No. 8, 2016, s 29 as amd by No. 10, 2016, s 41\ns 214 ins No. 8, 2016, s 29 as amd by No. 10, 2016, s 41\ndiv 7 hdg ins No. 7, 2021, s 23\nss 215 – 217 ins No. 7, 2021, s 23\ndiv 8 hdg ins No. 24, 2022, s 29\ns 218 ins No. 24, 2022, s 29\nsch hdg om No. 87, 1973, s 12\nsch 1 amd No. 21, 1982, s 2\nsch 2 sub No. 60, 1965, s 19\namd No. 76, 1970, s 13\nrep No. 54, 1974, s 17\nsch 3 ins No. 50, 1973, s 10\namd No. 87, 1973, s 12; No. 21, 1982, s 2; No. 40, 2010, s 65; No. 31, 2010,\ns 23\nrep No. 9, 2016, s 23","sortOrder":165}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has grown well beyond a short 1928 local justices' procedure code into a comprehensive procedural statute for the Local Court's criminal jurisdiction. Major scope expansions include: (a) a modern pre‑hearing case management and disclosure regime (Part IV, Division 2A: ss 60AA–60AS) inserted in 2015 that establishes timelines, directions hearings and sentence indications; (b) a detailed committal brief regime and witness statement formalities (Part V, ss 105C–105F and 105E) introduced in 2010; and (c) multiple provisions enabling summary disposal of certain indictable offences (ss 120, 121A, 131A) and procedural protections for vulnerable witnesses (s 105L). The Act also now contains extensive transitional provisions and cross‑border/regulatory modification notes (e.g. Cross‑border Justice Act references in the preface and Part VIII), reflecting many subsequent amendments. These changes materially broaden the Act’s remit from simple local summary procedure to a full procedural code governing early case management, disclosure, committal detail, sentencing indications and appellate process."},"complexity_factors":["Lengthy Act with many Parts, Divisions and Subdivisions spanning preliminary matters, summary jurisdiction, committals, indictable procedure, appeals and transitional provisions.","Large interpretation/defined‑term section with cross‑references (s 4 and definitions repeated for Divisions like 60AA and Part V s 100).","Extensive cross‑referencing to other Acts and regulations (Local Court Act 2015, Criminal Code, Sentencing Act 1995, Evidence Acts, Fines and Penalties (Recovery) Act, Police Administration Act) across many provisions.","Multiple conditional pathways and exceptions (e.g. summary disposal vs committal, sentence indication rules and their exceptions – ss 120, 121A, 60AT–60AZC, 60AZC).","Nested procedural timelines and disclosure obligations with varying deadlines (7 days for preliminary brief – s 60AD; 28 days for committal brief – s 105C; 21 days for defence expert disclosure – s 60AM; rules for late disclosure – s 60AN).","Numerous discretionary powers that alter application (courts may dispense with requirements, shorten or extend time – ss 60AO, 60AR, 105H), increasing interpretive complexity.","Crossover between summary and indictable procedure (e.g. certain indictable offences may be dealt with summarily under conditions – ss 120, 121A, 131A) producing conditional jurisdictional tests.","Detailed committal brief and witness‑statement formalities (ss 105D–105F) and the interplay with admissibility at trial (ss 105J–105K, 152–154).","Extensive transitional and amendment history embedded in the Act (Part VIII) and many savings clauses, which complicate determining what applies to older matters.","Appeal rules with tight procedural steps and evidence‑tendering conditions to the Supreme Court (ss 171–176A, 172–175)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Sets the rules for how criminal cases are run in the Northern Territory Local Court: how complaints and informations are made, how summonses and warrants are formed and served, how hearings and preliminary examinations (committals) proceed, what pre‑hearing disclosure is required, how sentence indications work, how costs may be ordered and enforced, and how appeals to the Supreme Court are started and managed. (See e.g. Parts III–VI; key provisions: ss 22, 22A, 57–60, 60AD–60AP, 60AT–60AZC, 105C–105F, 109–112, 163.)\n\n- Introduces a modern pre‑hearing case‑management scheme for non‑committal matters (Part IV, Division 2A). That scheme requires early service of a preliminary brief by the prosecution (s 60AD–60AE), obliges defendants to disclose certain defences (for example, an alibi – s 60AG) and expert material (s 60AM), requires parties to confirm readiness to proceed (s 60AP), and provides for directions hearings to identify disputed issues and next steps (ss 60AH–60AK).\n\n- Provides for \"sentence indications\": a defendant may ask the Court to say what sentence it would likely impose if the defendant pleaded guilty (ss 60AT–60AZC). If the defendant pleads guilty as a result, the Court that gave the indication must normally impose no more severe sentence than indicated and must be the same judge (subject to narrow exceptions) (ss 60AZ, 60AZC).\n\n- Regulates committal (preliminary) examinations in indictable matters, including detailed requirements for committal briefs (what must be included, service times, and ongoing updating) (ss 105C–105F, 105E), limits and procedures for cross‑examination at committal (ss 105G–105K) and special protections for vulnerable witnesses (s 105L).\n\n- Sets rules for summary disposal of certain indictable offences in the Local Court (ss 120, 121A, 131A) and for transmission of records to the Supreme Court where a committal or appeal occurs (ss 116, 131, 174–175).\n\n- Prescribes practical procedural matters: forms required, service methods (including registered post for summonses – s 27A), proof of service by affidavit (s 28), and rules about adjournments, remands and bail (ss 65, 60, 113–115).\n\n- Deals with costs: the Court may order costs for defendants or complainants in certain circumstances (ss 77–79) and provides enforcement mechanisms (including civil enforcement via the Fines and Penalties (Recovery) Act – ss 78, 78A, 79).\n\nWho it affects\n\n- Defendants in Local Court criminal proceedings (summary and some indictable matters): their pleading options, disclosure obligations, and potential exposure to sentence indications and costs (throughout Parts IV–V, especially ss 57A–57E; 60AD–60AP; 60AT–60AZC; 105C–105F).\n- Prosecutors and police: timeframes and content obligations for producing preliminary briefs and committal briefs, ongoing duty to update (ss 60AD–60AE; 105C–105E).\n- Victims and witnesses: protections for children and sexual‑offence complainants at committal (s 105L), rules on victim impact material being taken into account for sentence indications (s 60AU).\n- Legal practitioners and court registrars: case‑management functions, filing and service duties, and administrative processes during committal and appeals (see ss 60AP, 105C(4), 116, 174–175).\n\nWhy it matters (official rationale, then a test of trade‑offs)\n\n- Officially the Act (particularly the Division on pre‑hearing procedure) is designed to make case management fairer, quicker and less traumatic for victims by encouraging early resolution, clarifying issues before trial and reducing wasted hearings (stated object at s 60AB).\n\n- Testing that object against the mechanics in the Act:\n  - Incentives and likely effects: the Act creates incentives to resolve cases early (sentence indications, directions hearings, earlier disclosure) which can reduce time to finalisation and lower court and prosecution costs (ss 60AT–60AK, 60AD–60AE).\n  - Compliance costs and burdens: those benefits come with concrete compliance obligations for both sides. The prosecution must deliver a preliminary brief within 7 days of first mention (s 60AD) and committal briefs at least 28 days before committal (s 105C). Defendants must notify alibi evidence 7 days before directions hearings (s 60AG) and serve expert material 21 days before the hearing (s 60AM). These timelines create administrative and evidentiary burdens on police, prosecutors, defendants and defence lawyers.\n  - Discretion and implementation risk: the Court has broad power to make or dispense with disclosure and timing orders (ss 60AO, 60AR, 105H) and to manage proceedings \"as it thinks fit\" (s 112A). That discretion helps flexibility but can produce inconsistent practice between locations or judges, and places importance on practice directions and registry capability (see s 60AC(1)(b) re practicability outside major centres).\n  - Effects on unrepresented parties: the framework assumes parties understand and can meet disclosure timelines. Where defendants are unrepresented, there is a risk the procedural obligations could operate unevenly unless the Court actively dispenses with requirements (s 60AO).\n  - Victim/witness considerations: protections for certain witnesses at committal (s 105L) and express reference to victim material for sentence indications (s 60AU) build procedural safeguards into the Act, but those interact with disclosure rules and timing (ss 105F, 105E, 60AU).\n  - Opportunity costs for prosecution: earlier, fuller briefs and updating obligations (ss 105C–105E) require more front‑loaded investigative and administrative work by police/DPP but may reduce trial preparation later.\n  - Private‑sector and market effects: the Act primarily affects legal and court processes rather than private markets. It will increase demand for legal advice earlier in the process (affecting private defence practitioners) and require registry/prosecution resourcing.\n\nPractical mechanisms to watch (concentrated levers and costs)\n\n- Time deadlines that trigger costs if missed (preliminary brief 7 days – s 60AD; committal brief 28 days – s 105C; defence expert disclosure 21 days – s 60AM).\n- Court power to adjourn or exclude evidence for non‑compliance (s 60AQ) and to accept or refuse written guilty pleas (ss 57A–57D).\n- Sentence indications: can encourage guilty pleas but are time‑limited and subject to withdrawal and judge‑constitution rules (ss 60AT–60AZC).\n- Enforcement of costs through fines recovery or imprisonment in default (ss 78–78A).\n\nKey statutory references (examples)\n\n- Pre‑hearing case management objective: s 60AB; directions hearings and disclosure: ss 60AI–60AK, 60AD–60AE, 60AM.\n- Sentence indications: ss 60AT–60AZC.\n- Committal brief and supporting material obligations: ss 105C–105F, 105E.\n- Service of summonses (including registered post): s 27A; proof of service by affidavit: s 28.\n- Costs and enforcement: ss 77–79, 78A.\n- Appeals to Supreme Court and transmission of documents: ss 163, 174–176A.\n\nBottom line (plainly): the Act is the Local Court's criminal procedure code. Recent additions create an active case‑management regime that pushes for early, documented disclosure and offers tools (directions hearings and sentence indications) intended to reduce time to resolution. Those tools trade court efficiency and earlier resolution against increased front‑loaded work and procedural obligations for police, prosecutors, defence practitioners and defendants (especially unrepresented ones). The Court retains substantial discretion to tailor or relax requirements where fairness or practicality requires it (see ss 60AO, 60AR, 105H)."},"kimi_summary":{"_metrics":{"completionTokens":732},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1928 scope. Originally a simple Justices Ordinance for minor criminal matters, it now includes: detailed pre-hearing case management (Division 2A, 2015), sentence indication procedures, complex committal reforms (2010), cross-border justice modifications (2009), and extensive transitional provisions for multiple amending Acts. The modern Act is essentially a comprehensive criminal procedure code rather than a simple procedural statute."},"complexity_factors":["Extensive cross-referencing to other NT legislation (Criminal Code, Sentencing Act 1995, Bail Act 1982, Evidence Act 1939, etc.)","Multiple overlapping procedures for summary vs indictable offences with different rules","Detailed pre-hearing disclosure requirements with strict timeframes (7 days, 14 days, 21 days, 28 days)","Sentence indication scheme with complex rules about which judge can impose sentence vs give indication","Numerous transitional provisions across 8 divisions dealing with amendments from 2010-2022","Nested exceptions and qualifications throughout (e.g., section 60AT on when sentence indications cannot be given)","47+ defined terms in section 4 alone, with additional definitions scattered through Parts","Protected witness provisions with multiple categories (sexual offences, serious violence offences, children)","Complex appeal provisions with different rules for different types of decisions","Extensive amendment history showing repeated modifications since 1928"],"plain_english_summary":"This is the **Local Court (Criminal Procedure) Act 1928** of the Northern Territory, which sets out how criminal cases are handled in the Local Court (the NT's lower court, similar to a magistrates court elsewhere).\n\n**What it covers:**\n\n- **Summary offences** (less serious crimes): How complaints are made, summonses issued, hearings conducted, and penalties imposed\n- **Indictable offences** (serious crimes): The process for preliminary examinations (committals) to decide if there's enough evidence to send someone to trial in the Supreme Court\n- **Sentence indications**: A procedure where defendants can get an early indication of what sentence they might receive if they plead guilty\n- **Pre-hearing procedures**: Requirements for the prosecution to disclose evidence early, and for defendants to disclose alibis and expert evidence\n- **Appeals**: How decisions can be appealed to the Supreme Court\n- **Cross-border justice**: Modifications for dealing with offences that cross state/territory borders\n\n**Key features:**\n\n- **Written pleas of guilty** (section 57A): Defendants can plead guilty by signing and returning a form, without attending court in person—though this has limits (no imprisonment, licence cancellation, or treating as repeat offence unless proven)\n- **Sentence indications** (Division 2A, Subdivision 3): Judges can indicate likely sentences to encourage early guilty pleas, but aren't bound by them if a different judge sentences\n- **Committal briefs** (Part V): Prosecutors must serve detailed briefs of evidence at least 28 days before preliminary examinations, with ongoing obligations to update\n- **Protected witnesses** (section 105L): Children and sexual offence victims generally cannot be cross-examined at preliminary examinations\n- **Costs**: The court can award costs to either party, with limits\n\n**Who it affects:** Anyone charged with a criminal offence in the NT Local Court, police prosecutors, defence lawyers, and victims of crime."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/local-court-criminal-procedure-act-1928","history":"/api/acts/local-court-criminal-procedure-act-1928/history","analysis":"/api/acts/local-court-criminal-procedure-act-1928/analysis","conflicts":"/api/acts/local-court-criminal-procedure-act-1928/conflicts","importantCases":"/api/acts/local-court-criminal-procedure-act-1928/important-cases","documents":"/api/acts/local-court-criminal-procedure-act-1928/documents"}}