LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929 (Northern Territory)

Mechanically, the Local Court (Criminal Jurisdiction) Rules 1929 prescribe the standard forms to be used in criminal proceedings in the Northern Territory Local Court. Rule 1 provides the short title (Local Court (Criminal Jurisdiction) Rules 1929). Rule 2 states that "The forms to be used under the Local Court Act 2005 are to be in accordance with the forms set out in the Schedule" (r 2). The Schedule then sets out a series of numbered forms (Forms 1A-63 and others) covering summonses to witnesses, warrants, information and complaint forms, proof of service templates, remand and committal warrants, notices of preliminary examination, notice of appeal, and other procedural documents. Many forms expressly reference sections of the Local Court (Criminal Procedure) Act 1928 (for example, Forms 1A, 1B, 2A, 2B, 5, 6, 13, 14, 14A, 15, 16, 17, 19, 21, 22, 28, 38-41, 42, 44, 49-53, 58-61, 63), indicating the intended statutory hooks for each template.

The instrument does not, in the text provided, create new substantive offences or new court powers beyond the forms themselves. Instead it standardises how certain actions under the Local Court statutory framework are to be recorded and communicated. The Schedule prescribes how key process steps should be expressed on paper: who is to be named, what text must appear in summonses and warrants, what proof of service must look like, and what information must be provided to accused persons (for example, the "Important Notice to Defendant" text in Form 14 and the expanded "Information for Defendant" and plea-by-writing procedures in Form 14A). The rules also provide standard wording for execution of process by constables and gaol keepers (for example, warrants of committal, remand and committal for sentence in Forms 16, 17, 44, 52).

The Schedule contains procedural content beyond pure paperwork. For example, Form 42 ("Notice of Preliminary Examination") sets out the scope of what a preliminary examination is; specifies the material that should appear in the committal brief (lists of prosecution witnesses, their statements and other prosecution evidence); identifies the requirement that a defendant must seek the judge's permission to question prosecution witnesses; and lists limits on questioning in sexual offence and certain serious violence matters. Form 14A establishes the mechanics and limits of a written guilty plea (endorsement form, witnessing, delivery locations, minimum delivery time of 3 days before hearing, and the judge's discretionary grounds for rejecting the written plea). Proof-of-service provisions in multiple forms set out acceptable methods of service and the formalities for a sworn proof by the deponent.

NORTHERN TERRITORY OF AUSTRALIA LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929 As in force at 20 November 2020 Table of provisions 1 Short title ......................................................................................... 1 2 Forms .............................................................................................. 1 Schedule ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2020

LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929 Rules under the Local Court Act 2015 1 Short title These Rules may be cited as the Local Court (Criminal Jurisdiction) Rules 1929. 2 Forms The forms to be used under the Local Court Act 2005 are to be in accordance with the forms set out in the Schedule.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 2 Schedule FORM 1A NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 23 SUMMONS TO A WITNESS TO APPEAR ON COMPLAINT To: of (name) (address) Whereas: of (name) (address) has made a complaint against of for that he/she* on the day of , , at in the Northern Territory of Australia, did . (nature of complaint) And whereas I, the undersigned, a Local Court Judge/registrar/JP, am satisfied that you are likely to give material evidence upon behalf of the complainant (or defendant): You are therefore hereby summoned to appear at in the Territory, on the day of , , at o'clock in the noon, before the Local Court, to testify what you know concerning the matter of the said complaint. Dated the day of , . Local Court Judge/registrar/JP

Schedule Local Court (Criminal Jurisdiction) Rules 1929 3 PROOF OF SERVICE I, of (name) (address) make oath and say that I did on the day of , between the hours of and in the noon, at in the Territory, duly serve the within-named with the within summons by delivering a duplicate thereof to him/her* personally [or by leaving a duplicate thereof for him/her* at his/her* last (or most usual) place of abode (or of business)* with some other person apparently an inmate thereof (or employed thereat)* and apparently not less than 16 years of age]. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature _______________________________________________ Justice of the peace / commissioner for oaths Name _______________________________________________ Address or phone no. *Delete if inapplicable.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 4 FORM 1B NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 23 SUMMONS TO A WITNESS TO PRODUCE DOCUMENTS ON COMPLAINT To of (name) (address) Whereas of (name) (address) has made a complaint against (name) of for that he/she (address) on the day of , , at in the Northern Territory of Australia, did . (nature of complaint) And whereas I, the undersigned, a Local Court Judge/registrar/JP, am satisfied that you are likely to have in your possession or power certain articles required for the purposes of evidence upon behalf of the complainant (or defendant): You are therefore hereby summoned to appear at in the Territory, on the day of , , at o'clock in the noon, before the Local Court, to produce the following (describe precisely the articles to be produced): Dated the day of , . Local Court Judge/registrar/JP

Schedule Local Court (Criminal Jurisdiction) Rules 1929 5 PROOF OF SERVICE I, of (name) (address) make oath and say that I did on the day of , between the hours of and in the noon, at in the Territory, duly serve the within-named with the within summons by delivering a duplicate thereof to him/her* personally [or by leaving a duplicate thereof for him/her* at his/her* last (or most usual) place of abode (or of business)* with some other person apparently an inmate thereof (or employed thereat)* and apparently not less than 16 years of age]. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature _______________________________________________ Justice of the peace / commissioner for oaths Name _______________________________________________ Address or phone no. *Delete if inapplicable.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 6 FORM 2A NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 23 SUMMONS TO A WITNESS TO APPEAR ON INFORMATION To of (name) (address) Whereas of (name) (address) has laid an information against (name) of for that he/she* (address) on the day of , , at in the Northern Territory of Australia, did . (nature of information) And whereas I, the undersigned, a Local Court Judge/registrar/JP, am satisfied that you are likely to give material evidence upon behalf of the informant (or defendant): You are therefore hereby summoned to appear at in the Territory, on the day of , , at o'clock in the noon, before the Local Court, to testify what you know concerning the matter of the said information. Dated the day of , , Local Court Judge/registrar/JP

Schedule Local Court (Criminal Jurisdiction) Rules 1929 7 PROOF OF SERVICE I, of (name) (address) make oath and say that I did on the day of , between the hours of and in the noon, at in the Territory, duly serve the within-named with the within summons by delivering a duplicate thereof to him/her* personally [or by leaving a duplicate thereof for him/her* at his/her* last (or most usual) place of abode (or of business)* with some other person apparently an inmate thereof (or employed thereat)* and apparently not less than 16 years of age]. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature _______________________________________________ Justice of the peace / commissioner for oaths Name _______________________________________________ Address or phone no. *Delete if inapplicable.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 8 FORM 2B NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 23 SUMMONS TO A WITNESS TO PRODUCE DOCUMENTS ON INFORMATION To of (name) (address) Whereas of (name) (address) has laid an information against (name) of for that he/she* (address) on the day of , , at in the Northern Territory of Australia, did . (nature of information) And whereas I, the undersigned, a Local Court Judge/registrar/JP, am satisfied that you are likely to have in your possession or power certain articles required for the purposes of evidence upon behalf of the informant (or defendant): You are therefore hereby summoned to appear at in the Territory, on the day of , , at o'clock in the noon, before the Local Court, to produce the following (describe precisely the articles to be produced): Dated the day of , , Local Court Judge/registrar/JP

Schedule Local Court (Criminal Jurisdiction) Rules 1929 9 PROOF OF SERVICE I, of (name) (address) make oath and say that I did on the day of , , between the hours of and in the noon, at in the Territory, duly serve the within-named with the within summons by delivering a duplicate thereof to him/her* personally [or by leaving a duplicate thereof for him/her* at his/her* last (or most usual) place of abode (or of business)* with some other person apparently an inmate thereof (or employed thereat)* and apparently not less than 16 years of age]. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature _______________________________________________ Justice of the peace / commissioner for oaths Name _______________________________________________ Address or phone no. *Delete if inapplicable.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 10 FORM 5 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 25 WARRANT FOR A WITNESS IN THE FIRST INSTANCE To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia. Whereas of has made a complaint against of for that he/she on the day of , , at in the Northern Territory of Australia, did . And whereas I am satisfied by the oath of of , that of is likely to give material evidence (or to have in his/her possession or power certain articles required for the purposes of evidence) upon behalf of the complainant (or defendant), and that it is probable that he/she will not attend to give evidence or to produce any article without being compelled to do so: You are therefore hereby commanded to bring him/her before the Local Court at on day, the day of , , at the hour of o'clock in the noon, to testify what he/she knows concerning the said complaint [or (and) to produce such books, plans, papers, documents, articles, goods, and things likely to be material evidence on the hearing of the said complaint (and especially )]. Dated the day of , at , in the Northern Territory of Australia. Local Court Judge

Schedule Local Court (Criminal Jurisdiction) Rules 1929 11 FORM 6 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 25 WARRANT FOR A WITNESS IN THE FIRST INSTANCE To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia. Whereas of has laid an information against of for that he/she on the day of , , at in the Northern Territory of Australia, did . And whereas I am satisfied by the oath of of , that of is likely to give material evidence (or to have in his/her possession or power certain articles required for the purposes of evidence) upon behalf of the informant (or defendant), and that it is probable that he/she will not attend to give evidence or to produce any article without being compelled to do so: You are therefore hereby commanded to bring him/her before the Local Court at on day, the day of , , at the hour of o'clock in the noon, to testify what he/she knows concerning the said information [or (and) to produce all books, plans, papers, documents, articles, goods, and things likely to be material evidence on the hearing of the said information (and especially )]. Dated the day of , at , in the said Territory. Local Court Judge

Schedule Local Court (Criminal Jurisdiction) Rules 1929 12 FORM 13 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 49 COMPLAINT Defendant's Address Complainant's Address The complaint of of taken this day of , , before the undersigned, a justice of the peace, who (upon oath) states that of on the day of , , at in the Northern Territory of Australia, did Taken on oath before me, the day and year first above-mentioned at in the said Territory. Justice of the peace

Schedule Local Court (Criminal Jurisdiction) Rules 1929 13 FORM 14 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 22, 57 and 104 SUMMONS TO ATTEND COURT Defendant's details Full name: Address: DOB: Offence details [including date and reference to the section of the law creating the offence]: Complainant's details Full name: Address: Hearing details Registry of Local Court: Date: Address: Time: .............................. Judge/Registrar/Justice of the Peace .................................. Date IMPORTANT NOTICE TO DEFENDANT If you do not attend the Local Court on the hearing date mentioned above to answer the charge or on any day that the matter is adjourned the Court may: (a) proceed in your absence; or (b) issue a warrant for your arrest.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 14 PROOF OF SERVICE Name of person serving: Address of person serving: Name of person served (defendant): Address at which service effected: Date service effected: Time of day: Method of service [tick box]: personally; by leaving a copy for the defendant at the defendant's last-known place of residence with a person who is apparently a resident at that place and who appears to be 16 years of age or older; by leaving it for the defendant at the defendant's last-known place of business with a person who is apparently an employee at that place and who appears to be 16 years of age or older. I certify that I served a copy of this summons on the defendant in the manner described. Signature: Name: Witness signature: Witness name: Date: Date: INFORMATION FOR DEFENDANT Attending Court • It is recommended that you get legal advice about your rights as soon as you receive this summons. If you do not have a lawyer, you can get legal advice from a legal aid agency. You can find more information about going to the Local Court at www.lawinfont.org.au.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 15 • If you have a physical impairment or you need an interpreter, you should contact the Local Court listed in this summons as soon as you can. You can find contact details at https://localcourt.nt.gov.au.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 16 FORM 14A NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 22 and 57A SUMMONS TO ATTEND COURT Defendant's details Full name: Address: DOB: Offence details [including date and reference to the section of the law creating the offence]: Complainant's details Full name: Address: Hearing details Registry of Local Court: Date: Address: Time: .............................. Judge/Registrar/Justice of the Peace .................................. Date IMPORTANT NOTICE TO DEFENDANT You must either: (a) attend the Local Court on the hearing date mentioned above to answer the charge; or

Schedule Local Court (Criminal Jurisdiction) Rules 1929 17 (b) fill out the endorsement below and have it witnessed by a Justice of the Peace, Solicitor or police officer and deliver it in person or by post to one of the following places at least 3 days before the hearing date mentioned above: (i) the address of the Local Court listed above; (ii) a police station that is within 80 km of that Local Court. ENDORSEMENT I [defendant's name] have read and understood the charge against me specified in the attached summons. I plead guilty to the charge. I offer the following explanation for the acts alleged in the summons to be an offence: Signature: Name: Witness signature: Witness name: Date: Date: PROOF OF SERVICE Name of person serving: Address of person serving: Name of person served (defendant): Address at which service effected: Date service effected: Time of day:

Schedule Local Court (Criminal Jurisdiction) Rules 1929 18 Method of service [tick box]: personally; by leaving a copy for the defendant at the defendant's last-known place of residence with a person who is apparently a resident at that place and who appears to be 16 years of age or older; by leaving it for the defendant at the defendant's last-known place of business with a person who is apparently an employee at that place and who appears to be 16 years of age or older. I certify that I served a copy of this summons on the defendant in the manner described. Signature: Name: Witness signature: Witness name: Date: Date: INFORMATION FOR DEFENDANT Attending Court • It is recommended that you get legal advice about your rights as soon as you receive this summons. If you do not have a lawyer, you can get legal advice from a legal aid agency. You can find more information about going to the Local Court at www.lawinfont.org.au. • If you have a physical impairment or you need an interpreter, you should contact the Local Court listed in this summons as soon as you can. You can find contact details at https://localcourt.nt.gov.au. Pleading Guilty in Writing • If you choose to fill out the endorsement rather than attend the Local Court, the endorsement must be returned to the Local Court at least 3 days before the date you are supposed to attend the Local Court.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 19 • The Judge does not have to accept the written guilty plea. The Judge may choose to reject your guilty plea if the Judge thinks: (a) a punishment other than a fine is appropriate; or (b) that you do not understand the consequences of pleading guilty; or (c) you should answer the charge in the Local Court. • When you send the endorsement you can also include other documents for the Judge to take into account when the Judge sentences you. For example, you can include a character reference or financial records that show why it might be difficult for you to pay a fine.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 20 FORM 15 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 20, 58 WARRANT TO APPREHEND A PERSON ON COMPLAINT To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia. Complaint on oath was made this day (or on the day of , ), by of that of (hereunder called the defendant) on the day of , , at in the Northern Territory of Australia did . You are therefore, hereby commanded to apprehend the defendant and to bring him/her before the Local Court at forthwith (or on day, the day of , , at the hour of o'clock in the noon), to answer the said charge contained in the said complaint, and to be further dealt with according to law. Dated the day of , at , in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 21 FORM 16 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 60, 112 WARRANT OF COMMITMENT To , and to all other Constables of the Northern Territory of Australia and to the Keeper of the Gaol at in the Northern Territory of Australia. Whereas of (hereinafter called the defendant) was this day charged before the Local Court, on the oath of , of for that on the day of , , at in the said Territory he/she did . These are therefore to command you, the said Constables, to take the defendant and safely convey him/her to the Gaol at aforesaid, and there deliver him/her to the Keeper thereof, together with this warrant; And to command you, the said Keeper of the said Gaol, to receive the said defendant into your custody in the said Gaol, and there safely to keep him/her until he/she shall be thence delivered by due course of law. Dated the day of , at , in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 22 FORM 17 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 60 WARRANT OF COMMITTAL OR SAFE CUSTODY DURING ADJOURNMENT OF HEARING To , Constable and to each and all of the Constables and Peace Officers of the Northern Territory of Australia and to the Keeper of the Common Gaol at in the Northern Territory of Australia. Whereas of (hereinafter called the defendant), was this day brought before the Local Court, charged for that on the day of , , at in the said Territory he/she did . And whereas, the hearing of the case being adjourned, it appears to the Court to be necessary to remand the defendant: You the said Constables, are therefore hereby commanded to convey the defendant to the said Gaol, and there to deliver him/her to the Keeper thereof, together with this warrant, and you, the Keeper of the said Gaol, are hereby commanded to receive him/her into your custody, and, unless he/she shall have been bailed in the meantime, to keep him/her until the day of , , and on that day to bring him/her up before the Local Court at at the hour of o'clock in the noon, to be further dealt with according to law, unless you the said Keeper shall be otherwise ordered in the meantime. Dated the day of . Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 23 FORM 19 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 62 WARRANT WHEN THE SUMMONS IS DISOBEYED To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia. Whereas complaint (on oath ) was made this day (or on the day of , ) by of that of (hereinafter called the defendant), on the day of , , at in the Northern Territory of Australia did . And whereas the defendant was thereupon summoned to appear before the Local Court sitting at in the said Territory on day, the day of , , at the hour of o'clock in the noon, to answer the said charge: And whereas oath has been made that the defendant was duly served with the summons, but did not appear, and that such complaint is true. You are therefore hereby commanded to apprehend the defendant and to bring him/her before the Local Court at forthwith (or on day, the day of , , at the hour of o'clock in the noon), to answer the charge contained in the said complaint, and to be further dealt with according to law. Dated the day of , at in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 24 FORM 21 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 71, 72, &c. ORDER OF DISMISSAL OF A COMPLAINT Be it remembered that, on the day of , , complaint was duly made by of , (hereinafter called the complainant), for that of , (hereinafter called the defendant) did on the day of , , at , in the Northern Territory of Australia, Now on this day, to wit, on the day of , , at , in the said Territory, the Local Court having heard the said complaint, dismisses the complaint and orders that the complainant do pay to the defendant the sum of for his/her costs incurred by him/her in his defence in this behalf; and if the said sum for costs be not paid immediately that the same be levied by distress and sale of the goods and chattels of the complainant, and in default of sufficiency of distress in that behalf that the complainant to be imprisoned in the at in the said Territory, for the space of unless the said sum for costs, and all costs and charges of the said distress, shall be sooner paid. Dated the day of , at , in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 25 FORM 22 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 71 CERTIFICATE OF DISMISSAL The Local Court hereby certifies that a complaint made by of , against of for that on the day of , at in the Northern Territory of Australia, he/she did was this day heard by the Court and was dismissed. Dated this day of , . Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 26 FORM 28 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 72, 77, &c. ORDER FOR ANY MATTER WHERE THE DISOBEYING OF IT IS PUNISHABLE WITH IMPRISONMENT Be it remembered that, on the day of , , complaint was duly made by , of , (hereinafter called the complainant), for that of , (hereinafter called the defendant), did on the day of , , at in the Northern Territory of Australia, Now on this day, to wit, on the day of , , at , in the said Territory, the Local Court, having heard the matter of the said complaint, adjudges the defendant to (here set out adjudication shortly) and if upon a copy of a minute of this order being served upon the defendant, either personally or by leaving the same for him at his last or most usual place of abode, he shall neglect or refuse to obey the same, in that case the Court adjudges the defendant for such disobedience to be imprisoned in the at for the space of , and also adjudges the defendant to pay to the complainant the sum of for his costs in this behalf; and if the said sum for costs be not paid immediately the Court orders the same to be levied by distress and sale of the goods and chattels of the defendant unless the said sum and costs shall be sooner paid. Dated the day of , at , in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 27 FORM 38 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 101 INFORMATION FOR AN INDICTABLE OFFENCE Defendant's Address: Informant's Address: The information of of taken this day of , , before the undersigned, justice of the peace, who (upon oath) states that of on the day of , , at in the Northern Territory of Australia, did Taken on oath before me, the day and year first above-mentioned at in the said Territory. Justice of the peace

Schedule Local Court (Criminal Jurisdiction) Rules 1929 28 FORM 39 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 20, 103 WARRANT TO APPREHEND A PERSON CHARGED WITH AN INDICTABLE OFFENCE To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia. Information on oath was laid this day (or on the day of , ) by of that of (hereinafter called the defendant), on the day of , , at in the Northern Territory of Australia did You are therefore hereby commanded to apprehend the defendant and to bring him/her before the Local Court, at forthwith (or on day, the day of , , at the hour of o'clock in the noon), to answer the said charge contained in the said information, and to be further dealt with according to law. Dated the day of , at in the said Territory. Local Court Judge

Schedule Local Court (Criminal Jurisdiction) Rules 1929 29 FORM 40 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 22, 104 SUMMONS TO A PERSON CHARGED WITH AN INDICTABLE OFFENCE To of Whereas you have this day been charged by of before the Local Court, for that on the day of , at in the Northern Territory of Australia you did These are therefore to command you to be and appear on day the day of , , at o'clock in the noon, at in the said Territory before the Local Court, to answer the said charge, and to be further dealt with according to law. Dated this day of , at , in the said Territory. Local Court Judge/registrar/JP PROOF OF SERVICE I, of make oath and say that I did on the day of , between the hours of and o'clock in the noon, at in the said Territory, duly serve the within-named defendant with the within summons by delivering a duplicate to him/her personally [or by leaving a duplicate thereof for him/her at his/her last (or most usual) place of abode (or of business) with some other person apparently an inmate thereof (or employed thereat) and apparently not less than 16 years of age]. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature _______________________________________________ Justice of the peace / commissioner for oaths Name _______________________________________________ Address or phone no.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 30 FORM 41 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 105 WARRANT WHEN A SUMMONS IS DISOBEYED To , and to each and all of the Constables and Peace Officers of the Northern Territory of Australia. Whereas information (on oath) was laid this day (or on the day of , ) by of that of (hereinafter called the defendant), on the day of , , at in the Northern Territory of Australia, did And whereas the defendant was thereupon summoned to appear before the Local Court at in the said Territory on day, the day of , at the hour of o'clock in the noon to answer the said charge: And whereas oath has been made that the defendant was duly served with the summons, but did not appear, and that such information is true. You are therefore hereby commanded to apprehend the defendant and to bring him before the Local Court, at forthwith (or on day, the day of , , at the hour of o'clock in the noon), to answer the charge contained in the said information, and to be further dealt with according to law. Dated the day of , at , in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 31 FORM 42 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 105D NOTICE OF PRELIMINARY EXAMINATION In the Local Court, Northern Territory To [name and address of accused] _________________________________________________ You have been charged with [details of offence(s)] _______________________ There will now be a preliminary examination in relation to the charge(s). It will be held at the Local Court at [address of Court] _____________________ There will be a mention hearing on //__ at ________ am/pm. You must attend the Local Court for this hearing. The Judge will then set the date for the preliminary examination. Information about a preliminary examination What is a preliminary examination? A preliminary examination is a court proceeding in which a Local Court Judge reviews the evidence against you and decides whether there is sufficient evidence to send you for trial in the Supreme Court. The evidence The evidence against you is contained in the committal brief you have been given with this notice. The brief also includes: • a list of prosecution witnesses and copies or recordings of their statements; and • a list of any other prosecution evidence (i.e. documents or other things) and copies or a description or picture of them. If the prosecution wants the Judge to hear from other witnesses, or has other evidence, it must give you another list and copies of witness statements or the evidence. These witness statements and any other listed evidence is the evidence that the Judge may consider at the preliminary examination. Questioning the witnesses If you (or your lawyer) want to question any of the prosecution's witnesses, you must get permission from the Judge to do so.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 32 When you have decided whether you want to question any of the witnesses, you must fill in the Notice in Relation to Witnesses form. (If you have a lawyer, he or she will have this form. If not, you can get one from the Court.) When you attend Court for the mention hearing, you must give the form to the Judge. If the prosecution agrees to the questioning, the Judge will usually give permission. If the prosecution does not agree to the questioning, the Judge may give permission if the Judge believes there is a good reason for you to question the witness. However, the Judge does not have to give permission. [The following sentence is to be included only if the accused is charged with a sexual offence.] Also, you will not be allowed to question the alleged victim or any witnesses who are children. [The following sentence is to be included only if the accused is charged with a serious violence offence that is not a sexual offence.] Also, you will not be allowed to question any witnesses who are children. What happens at the preliminary examination? At the preliminary examination the Judge will read each witness' statement and treat it the same as if the witness had given evidence in person. The Judge may allow the witness to appear in Court and give extra evidence, but only if there is a good reason. If you have been given permission to question the witness, the witness must attend Court and you (or your lawyer) will be allowed to question the witness. However, the Judge will control what you can question the witness about. The Judge may allow the prosecution to call witnesses who are not on the list in the committal brief, or to give other evidence, but only if there is a very good reason. If you wish to do so, you can give evidence at the preliminary examination and call your own witnesses. If you do, you and your witnesses can be questioned by the prosecutor and the Judge. After considering all the evidence, the Judge will decide whether there is enough evidence to send you for trial in the Supreme Court. Where to get more information If you have a lawyer, he or she will be able to advise you about the procedure for a preliminary examination and what you should do now. If you do not have a lawyer, it is recommended that you seek advice from the NT Legal Aid Commission, the North Australian Aboriginal Justice Agency (NAAJA) or the Central Australian Aboriginal Legal Aid Service (CAALAS). If you choose to represent yourself, you should read and make sure you understand Part V, Division 1A of the Local Court (Criminal Procedure) Act 1928 and the Court's Practice Directions which give more details about the Court's procedures.

Schedule Local Court (Criminal Jurisdiction) Rules 1929 33 FORM 44 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 113, 124 WARRANT REMANDING A PERSON CHARGED WITH AN INDICTABLE OFFENCE To and to each and all of the Constables of the Northern Territory of Australia and to the Keeper of the in the Northern Territory of Australia. Whereas of (hereinafter called the defendant) was this day brought before the Local Court, upon an information charging him/her for that on the day of , , at in the Northern Territory of Australia, he/she did And whereas it appears to the Court to be necessary to remand the defendant: You, the said Constables, are therefore hereby commanded to convey the defendant to the said Prison and there to deliver him/her to the Keeper thereof, together with this warrant, and you, the Keeper of the said Prison, are hereby commanded to receive him/her into your custody, and, unless he/she shall have been bailed in the meantime, to keep him/her until the day of , , and on that day to have him/her at , at the hour of o'clock in the noon, before the Local Court, to be further dealt with according to law, unless you, the said Keeper, shall be otherwise ordered in the meantime. Dated the day of , at , in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 34 FORM 49 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 128 ORDER DISMISSING A CHARGE OF INDICTABLE OFFENCE HEARD AND DETERMINED SUMMARILY Be it remembered that, on the day of , of (hereinafter called the defendant) was charged before the Local Court for that on the day of , at in the Northern Territory of Australia, he/she did And the Local Court having summarily adjudicated thereon, dismissed the said charge. Dated this day of , at in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 35 FORM 50 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 128 CERTIFICATE OF DISMISSAL OF A CHARGE OF INDICTABLE OFFENCE HEARD AND DETERMINED SUMMARILY The Local Court certifies that on the day of , at , in the Northern Territory of Australia, of (hereinafter called the defendant) was charged before the Court for that on the day of , at in the said Territory, he/she did and the Court, having summarily adjudicated thereon, dismissed the said charge. Dated this day of , at , in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 36 FORM 52 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 136 WARRANT OF COMMITTAL FOR SENTENCE To , and to each and all of the Constables of the Northern Territory of Australia, and to the Keeper of the Gaol at in the Northern Territory of Australia. Whereas of (hereinafter called the defendant) was this day charged before the Local Court, on the oath of of for that on the day of , at in the said Territory, he/she did And whereas the defendant has pleaded guilty to the said charge: These are, therefore, to command you, the said Constables, to take the defendant and him/her safely convey to the Gaol aforesaid, and there to deliver him/her to the Keeper thereof, together with this warrant: And to command you, the said Keeper of the said Gaol, to receive the defendant into your custody in the said Gaol to appear for sentence before the Supreme Court, to be held at in the said Territory, or at such other place as may hereafter be ordered by a Supreme Court Judge, and in the meantime to safely keep him/her in such Gaol. Dated this day of , at in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 37 FORM 53 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 136 COMMITTAL FOR SENTENCE of (hereinafter called the defendant) stands charged before the Local Court, for that on day of , , at in the Northern Territory of Australia, he did and the examination of all the witnesses on the part of the prosecution having been completed and thereupon the defendant being asked whether he wishes to plead to the said charge and the defendant signifying a desire to do so, and the said charge being read to him, and the defendant, having been asked, "Are you guilty or not guilty of the offence with which you are charged?" the defendant thereupon pleads guilty, and now the Court admits the defendant to bail (or commits the defendant to the Gaol at , in the said Territory) to appear for the sentence before the Supreme Court, to be held at in the said Territory, or at such other place as may hereafter be ordered by a Supreme Court Judge. Dated the day of , at in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 38 FORM 58 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 153 DEPOSITION OF WITNESS DANGEROUSLY ILL AND NOT LIKELY TO RECOVER The examination and deposition of of (hereinafter called the witness) taken on oath this day of , at in the Northern Territory of Australia, before the undersigned, a Local Court Judge/registrar/JP, it having been made to appear to my satisfaction that the witness is dangerously ill and is, in the opinion of of , in the said Territory, a legally qualified medical practitioner, not likely to recover from such illness, and that the witness is able and willing to give material information relating to a certain indictable offence, namely, the offence of (or relating to of , who is accused of a certain indictable offence, namely, the offence of and that it is not practicable for the Local Court to take the deposition of the witness at the preliminary examination of such person so accused). The witness on his/her oath says as follows: The above deposition of the witness was taken on oath before me at in the said Territory, on the day and year first above- mentioned, the following persons being present at the taking thereof: Local Court Judge/registrar/JP

Schedule Local Court (Criminal Jurisdiction) Rules 1929 39 FORM 59 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 154, 155 NOTICE OF INTENTION TO TAKE DEPOSITION OF WITNESS DANGEROUSLY ILL AND NOT LIKELY TO RECOVER To of I, of hereby give you notice that a Local Court Judge/registrar/JP, intends on day the day of , , at , in the Northern Territory of Australia, to take the statement of of ,who is dangerously ill and is, in the opinion of a certain legally qualified medical practitioner, not likely to recover from such illness, and who is alleged to be able and willing to give material information relating to a certain indictable offence, namely, the offence of (or relating to you being a person accused of a certain indictable offence, namely, the offence of , it not being practicable for the Local Court to take the statement of the said at the preliminary examination of you the said accused). Dated this day of .

Schedule Local Court (Criminal Jurisdiction) Rules 1929 40 FORM 60 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 155 ORDER TO CONVEY A PRISONER TO PLACE OF TAKING DEPOSITION OF A WITNESS DANGEROUSLY ILL To the Keeper of the Gaol at in the Northern Territory of Australia. Whereas it appears to the Local Court that now in your custody (under the Court's commitment) has duly served (or has received from ) a notice pursuant to the Local Court (Criminal Procedure) Act 1928, that a Local Court Judge/registrar/JP intends [As in Form 59] Now the Local Court directs you to convey the said to the place mentioned in the said notice, for the purpose of being present at the taking of the statement of the said Dated the day of , . Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 41 FORM 61 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 section 162 SPECIAL CASE STATED BY LOCAL COURT In the Local Court at Between informant (or complainant) and defendant. Special case stated by the Local Court reserving questions of law for the consideration of the Supreme Court of the Northern Territory, pursuant to section 162 of the Local Court (Criminal Procedure) Act 1928. I. The above-named informant laid an information (or complainant made a complaint) against the above-named defendant for that the said defendant did on the day of , , at , in the Northern Territory of Australia. II. The said information (or complaint) came on for hearing before the Local Court on the day of , , and the result of such hearing was as follows: III. At the said hearing the following facts were either proved, or admitted by the parties: 1. 2. 3. 4. 5. 6. IV. Upon these facts the Local Court found that V. On the part of the informant (or complainant) it was contended that VI. On the part of the defendant it was contended that VII. The Local Court is of opinion in point of law that

Schedule Local Court (Criminal Jurisdiction) Rules 1929 42 VIII. The question of law upon which this case is stated for the opinion of the Supreme Court is whether IX. For the information of the Supreme Court a copy of the evidence taken upon the hearing of the said information (or complaint) is attached hereto. Dated the day of , at in the said Territory. Local Court

Schedule Local Court (Criminal Jurisdiction) Rules 1929 43 FORM 63 NORTHERN TERRITORY OF AUSTRALIA Local Court (Criminal Procedure) Act 1928 sections 171, 172 NOTICE OF APPEAL In the matter of a conviction, finding of guilt (or order or adjudication) made on the day of , , by the Local Court at , in the Northern Territory of Australia, on the hearing of a certain information (or complaint) wherein , of , was informant (or complainant), and , of , as defendant. To the Local Court Take notice that of intends to institute and duly prosecute an appeal and hereby appeals to the Supreme Court of the Northern Territory against a certain conviction, finding of guilt (or order or adjudication) made on the day of , , by the Local Court at in the said Territory in which the Local Court [Here set out the conviction, finding of guilt or order or adjudication] And take notice that the appellant intends to institute and duly prosecute the appeal at the sittings of that Supreme Court which will, in accordance with the rules of that Supreme Court, if practicable commence at Darwin [or Alice Springs] on a day which is the first day after the expiration of 21 days from the service of this notice on which sittings of that Supreme Court for hearing appeals under the Local Court (Criminal Procedure) Act 1928 have been set down to commence. And take notice that the grounds of such appeal are Dated this day of , . Appellant.

ENDNOTES Local Court (Criminal Jurisdiction) Rules 1929 44 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Justices Regulations (SL No. –, 1929) Notified 18 April 1929 Commenced 1 August 1929 (Cth Gaz, 18 April 1929) Amendment of the Justices Regulations (SL No. –, 1939) Notified 1 September 1939 Commenced 1 September 1939 Amendment of the Justices Regulations (SL No. 7, 1959) Notified 30 December 1959 Commenced 30 December 1959 Amendments of the Justices Regulations (SL No. 9, 1959) Notified 11 December 1959 Commenced 11 December 1959 Amendments of the Justices Regulations (SL No. 10, 1963) Notified 3 June 1963 Commenced 3 June 1963 Amendments of the Justices Regulations (SL No. 4, 1965) Notified 21 April 1965 Commenced 21 April 1965 Ordinances Revision Ordinance 1973 (Act No. 87, 1973) Assent date 11 December 1973 Commenced 11 December 1973 Amendments of the Justices Regulations (SL No. 4, 1974) Notified 28 March 1974 Commenced 16 May 1974 (r 1, s 3 Justices Ordinance (No. 3) 1973 (Act No. 86, 1973) and Gaz No. 20, 16 May 1974, p 239)

ENDNOTES Local Court (Criminal Jurisdiction) Rules 1929 45 Amendment of the Justices Regulations (SL No. 23, 1984) Notified 30 May 1984 Commenced 30 May 1984 Amendment of the Justices Regulations (SL No. 46, 1984) Notified 22 August 1984 Commenced 5 September 1984 (r 1) Amendment of the Justices Regulations (SL No. 21, 1989) Notified 9 August 1989 Commenced 30 October 1989 (r 1, s 2 Justices Amendment Act 1989 (Act No. 7, 1989) and Gaz S61, 27 October 1989) Amendments of Justices Regulations (SL No. 52, 1991) Notified 1 November 1991 Commenced 1 January 1992 (r 1, s 2 Justices Amendment Act 1991 (Act No. 40, 1991) and Gaz S58, 1 November 1991) Amendments of Justices Regulations (SL No. 73, 1991) Notified 20 December 1991 Commenced 1 January 1992 (r 1) [rep Act No. 46, 1992, s 12(2)] Statute Law Revision Act 1992 (Act No. 46, 1992) Assent date 7 September 1992 Commenced 7 September 1992 Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) Assent date 30 June 1993 Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) Amendments of Justices Regulations (SL No. 9, 1994) Notified 13 April 1994 Commenced 13 April 1994 Amendment of Justices Regulations (SL No. 22, 1996) Notified 12 June 1996 Commenced 12 June 1996 Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60, 2001) Assent date 11 December 2001 Commenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery) Act 2001 (Act No. 59, 2001) and Gaz G50, 19 December 2001, p 3) Evidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32, 2006) Assent date 3 November 2006 Commenced 3 November 2006 Courts Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 36, 2006) Notified 8 November 2006 Commenced 8 November 2006

ENDNOTES Local Court (Criminal Jurisdiction) Rules 1929 46 Domestic and Family Violence Act 2007 (Act No. 34, 2007) Assent date 12 December 2007 Commenced 1 July 2008 (Gaz G25, 25 June 2008, p 4) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Justices Amendment Regulations 2011 (SL No. 15, 2011) Notified 18 May 2011 Commenced 18 May 2011 Fees and Charges (Attorney-General and Justice Portfolio) Amendment Regulations 2013 (SL No. 27, 2013) Notified 28 June 2013 Commenced 1 July 2013 (r 2) Justices Amendment Regulations 2016 (SL No. 14, 2016) Notified 29 April 2016 Commenced 30 April 2016 (r 2) Local Court (Criminal Jurisdiction) Amendment Rules 2016 (SL No. 18, 2016) Notified 16 May 2016 Commenced 16 May 2016 Local Court (Criminal Jurisdiction) Amendment Rules 2020 (SL No. 15, 2020) Notified 24 June 2020 Commenced 24 June 2020 Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the list of amendments to this reprint) are made by section 11 of the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following provisions: rr 2, 3, 4, 5 and Sch. 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: rr 1 and 2 and Sch. 5 LIST OF AMENDMENTS lt amd No. 18, 2016, r 4 rr 1 – 2 amd No. 18, 2016, r 4 r 3 rep No. 14, 2016, r 4

ENDNOTES Local Court (Criminal Jurisdiction) Rules 1929 47 r 4 ins No. 9, 1959, r 1 rep Act No. 46, 1992, s 12(1) r 5 ins No. 10, 1963, r 1 amd No. 4, 1965, r 1 rep No. 14, 2016, r 4 r 6 ins No. 23, 1984 amd No. 9, 1994, r 1; No. 36, 2006, r 7; Act No. 34, 2007, s 146; No. 27, 2013, r 11 rep No. 14, 2016, r 4 r 7 ins No. 23, 1984 rep No. 14, 2016, r 4 r 8 ins No. 23, 1984 amd Act No. 28, 1993, s 3(2) rep No. 14, 2016, r 4 r 9 ins No. 23, 1984 rep No. 14, 2016, r 4 rr 10 – 13 ins No. 21, 1989, r 2 rep No. 9, 1994, r 2 r 14 ins Act No. 46, 1992, s 12(3) rep No. 14, 2016, r 4 sch amd No. – , 1939, rr 1, 2, 3 and 4; No. 7, 1959; No. 9, 1959, r 2; No. 10, 1963, r 2; No. 4, 1965, r 2; No. 4, 1974, rr 3, 4 and 5; No. 46, 1984, r 2; No. 21, 1989, r 3; No. 52, 1991, r 2; No. 9, 1994, r 3; No. 22, 1996; Act No. 60, 2001, s 19; Act No. 32, 2006, s 13; Act No. 40, 2010, s 132; No. 15, 2011, r 4; No. 18, 2016, rr 3 and 4; No. 15, 2020, r 4; Act No. 26, 2020, s 3

1 LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2020

The primary concept in the Rules is standardisation of prescribed forms. The Rules operate as a catalogue of authorised templates for criminal process in the Local Court. Key conceptual buckets in the Schedule are:

Summonses and production orders: Forms 1A, 1B, 2A, 2B and Forms 39-41 and 40 provide standard wording for requiring witnesses to attend, for compelling production of documents or articles, and for summoning persons charged with indictable offences. The forms specify the parties, location, time and nature of the complaint or information (see e.g. Forms 1A, 1B, 2A, 2B; Form 40).
Warrants and enforcement process: Forms 5, 6, 15, 16, 17, 19, 44, 52 and 53 are templates for warrants to bring persons before the court, to commit prisoners to gaol for remand or sentence, or to apprehend those who disobey summonses. The language instructs constables and gaol keepers and thus maps statutory enforcement duties onto concrete, executable documents (see Form 5, Form 16, Form 41).
Proof of service: Multiple forms include a "PROOF OF SERVICE" section stating how process may be served (personal delivery; leaving at last-known residence with a person apparently an inmate aged 16 or older; leaving at last-known place of business with an apparently employed person aged 16 or older) and require a sworn affidavit by the server witnessed by a justice of the peace or commissioner for oaths (see PROOF OF SERVICE text in Forms 1A/1B/2A/2B/14 etc.).
Notices to accused and procedural information: Form 14 and Form 14A set out the content required in a summons to an accused, including required informational material. Form 14A explains how a defendant may plead guilty in writing, the endorsement to be completed, delivery requirements, and the judge's discretion to reject the written plea where imprisonment or other reasons make in-court attendance necessary. Form 42 provides a detailed procedural notice for preliminary examinations, listing evidence to be included in the committal brief, the court's control over questioning witnesses, and specific prohibitions on questioning alleged victims and child witnesses in certain cases.
Committal and remand procedures: Forms 52 and 53 set out committal for sentence and procedures where a defendant pleads guilty and is to be sent to the Supreme Court for sentence. Forms 44 and 17 provide text to remand defendants to custody pending later proceedings.
Orders, dismissals and appeals: Forms 21, 22, 49, 50 and 63 provide the text for dismissal orders, certificates of dismissal, summary dismissal of indictable charges, and notice of appeal, respectively.

Conceptually the Rules translate statutory powers into operational paperwork. They define the information flows that underpin criminal procedure (e.g., who gets notice, how service is proved, what an accused must be told). Many forms explicitly allocate responsibility to particular office-holders: Local Court Judge, registrar, justice of the peace, constable, keeper of the gaol, or the server of process. The forms also embed procedural constraints and discretionary touchpoints: for example, the Judge's discretion to refuse a written plea (Form 14A) and the requirement that a judge must be satisfied that a witness is "likely to give material evidence" before summonsing them (Forms 1A/2A and related warrants).

Finally, the endnotes conceptually locate the Rules within a long series of amendments and interactions with other statutes and subordinate instruments, showing that the Rules are a living administrative instrument adjusted over decades (see Endnotes List of Legislation and List of Amendments).

The Rules, by prescribing forms and standard text, affect a defined set of actors who participate in Local Court criminal proceedings. The document identifies and allocates actions to these actors directly in the forms.

Local Court Judges, registrars and justices of the peace: Many forms are to be signed or issued by a Local Court Judge/registrar/JP (for example, Forms 1A-2B, 14, 14A, 40). The forms require the judicial officer or authorised officer to be satisfied about facts before issuing process (e.g., being "satisfied that you are likely to give material evidence" in Forms 1A and 2A; the Judge's direction for remand in Forms 16 and 17).
Defendants and accused persons: Forms 14 and 14A are summonses directly addressed to defendants. Form 14A gives defendants the option to plead guilty in writing and sets out the formal endorsement and delivery requirements. Form 42 (Notice of Preliminary Examination) is addressed to an accused person and sets out rights and procedural steps. Forms 13, 38 and other complaint/information forms include fields for defendant addresses and details.
Complainants and informants: The Schedule repeatedly uses "complainant" and "informant" boxes (e.g., Forms 1A/2A for the person laying the complaint or information). The forms also indicate that complainants may be liable for costs when complaints are dismissed (Form 21).
Witnesses and persons with documents: Summonses to witnesses (Forms 1A/1B/2A/2B) and warrants for production (Forms 1B, 2B) directly affect persons likely to give material evidence or to produce articles. The forms set out the descriptions and time/place for attendance and the procedural steps if they fail to attend (warrants to apprehend,Form 5/6).
Constables and peace officers: Warrants and orders are often addressed to constables and peace officers (for example, Forms 5, 6, 15, 16, 17, 19, 39, 41, 44). They are instructed to apprehend, convey and deliver defendants or witnesses as commanded in the warrant text.
Keeper of the gaol/prison staff: Forms requiring committal or remand (Forms 16, 17, 44, 52) are addressed to gaol keepers, commanding them to receive and keep persons in custody.
Court staff and registry officers: The "Hearing details" and proof-of-service templates direct registry staff on how to record hearings, times, and to accept endorsements and pleas (Forms 14/14A, Proof of Service sections).
Legal aid agencies and defence practitioners: Form 42's "Where to get more information" names NT Legal Aid Commission and Aboriginal legal aid agencies for accused persons without counsel (this is informational content the court will provide with the notice).
Servers of process and witnesses to proofs: Proof-of-service pages require the server to make oath and be witnessed by a justice of the peace or commissioner for oaths; this involves private individuals who serve process and the JP/commissioner who takes the affidavit (see PROOF OF SERVICE text in multiple forms).

Operationally, the Rules impose procedural tasks on these groups. For example, registrars must issue standard notices; constables must act on warrants in the precise terms stated; defence practitioners must ensure endorsements and documents are delivered within the stated timeframes if relying on written pleas; and persons serving process must follow the prescribed methods of service and file sworn proofs witnessed by an authorised officer. The forms create predictable obligations and informational entitlements that determine how actors behave during the precursor, hearing and enforcement stages of Local Court criminal matters.

The instrument sets out specific duties for court officials, enforcement officers, servers of process and parties, and it embeds certain rights or procedural entitlements for accused persons and other participants. These duties and rights are expressed through the required text of the forms.

Duties imposed or made operational by the forms

Duty to use prescribed forms: Rule 2 mandates that "forms to be used under the Local Court Act 2005 are to be in accordance with the forms set out in the Schedule" (r 2). Users of the court process therefore have a duty to use the prescribed templates unless alternative statutory provision allows otherwise.
Judicial officer satisfaction before issuing process: Several summons and warrant forms require the issuing local court Judge/registrar/JP to be "satisfied" of particular facts before issuing (e.g., satisfied that the witness is likely to give material evidence, or likely to have in possession articles required for evidence) (Forms 1A, 1B, 2A, 2B, Forms 5 and 6). This establishes a duty of judicial verification before process is issued.
Service and proof formalities: The proof-of-service text in multiple forms prescribes how service can be effected (personal delivery; leaving with a resident who appears to be 16 years or older at the defendant's usual abode; leaving at the defendant's last-known place of business with an employee who appears to be 16 or older). The server must then make oath and have the affidavit witnessed by a justice of the peace/commissioner for oaths (see PROOF OF SERVICE in Forms 1A/1B/2A/2B/14 etc.). That creates a duty on servers to follow these modes and to provide sworn evidence of service if required.
Execution duties of constables/peace officers and gaol keepers: Warrants instruct constables to apprehend and bring defendants before the court, and to convey persons to gaols and deliver them to the Keeper, and command gaol keepers to receive and safely keep prisoners until ordered otherwise (Forms 5, 6, 15, 16, 17, 44, 52). These are operational duties to be executed exactly as described in the forms.
Duties in handling vulnerable witnesses and depositions: Form 58 and related Forms 59-61 set out procedures for taking depositions from witnesses who are "dangerously ill and not likely to recover", including medical-practitioner opinion requirements and notice to specified persons; Form 60 directs the Keeper of the Gaol to convey a prisoner to the place where the deposition is to be taken if the prisoner is in custody.

Rights and procedural entitlements

Right to be informed: Form 14 includes an "IMPORTANT NOTICE TO DEFENDANT" informing the defendant that if they do not attend the Local Court the court may proceed in their absence or issue a warrant for arrest. Form 14A expands on this with "INFORMATION FOR DEFENDANT" that advises obtaining legal advice, accessibility assistance and explains the written-guilty-plea process and the Judge's discretion to reject that plea. The form therefore operationalises a right to be informed about consequences, assistance and options.
Right to plead guilty in writing (conditional): Form 14A gives an accused the procedural right to either attend court or submit a witnessed written guilty plea (an "endorsement"). The endorsement must be witnessed by a JP, solicitor or police officer and delivered in person or by post at least three days prior to the hearing to specified places (Local Court address or a police station within 80 km of the Local Court). This creates an alternate procedural pathway for defendants.
Right to question witnesses at preliminary examination (subject to permission): Form 42 explains that the accused (or their lawyer) may seek the Judge's permission to question any of the prosecution's witnesses at the preliminary examination; permission is required, and the Judge has discretion to grant it where there is good reason. The form also explains that if permission is granted, the prosecution must call the witness to be questioned, but the Judge will control the scope of questioning.
Right to receive the committal brief: Form 42 indicates the defendant will be given the committal brief containing the prosecution's materials (lists of witnesses and statements, copies or recordings of their statements, and a list of other prosecution evidence). The prosecution must give any additional witness lists and statements if it intends to rely on other witnesses. This operationalises a disclosure right at the preliminary examination stage.

Discretion and limits

Judicial discretion on written pleas: Form 14A lists explicit grounds on which the Judge may reject a written guilty plea: if a punishment other than a fine is appropriate; if the defendant appears not to understand the consequences; or if the defendant should answer the charge in the Local Court. This restricts the written plea pathway where in-person assessment is necessary to determine sentence appropriateness or comprehension.
Restrictions on questioning particular witnesses: Form 42 includes mandatory prohibitions on questioning the alleged victim or any witnesses who are children in sexual offence cases, and on questioning child witnesses in certain serious violence offences. Those are limits imposed on the defendant's right to test evidence at the preliminary examination.

Procedural consequences expressed in forms

Failure to attend: Several forms carry express consequences for non-attendance. Form 14's notice warns that the Court may proceed in the defendant's absence or issue a warrant for arrest. Forms 19 and 41 are templates for warrants to apprehend where a summons has been disobeyed and a sworn proof of service exists.
Costs and imprisonment for non-payment: Form 21 (Order of Dismissal) contains a template for ordering the complainant to pay the defendant's costs upon dismissal, and where the costs are not paid to allow levy by distress and, failing that, imprisonment for a specified period unless costs and charges are sooner paid. Form 28 includes similar language for orders punishable by imprisonment if disobeyed.

Together, the forms in the Schedule operationalise statutory duties, procedural rights and judicial discretion by prescribing the text used to give effect to those duties, rights and limits. The forms thus shape what parties must do, what they can expect to receive, and what courts and enforcement officers are instructed to do in response.

Although the Rules themselves are primarily about form and content, the prescribed templates embody concrete enforcement mechanisms and penalties drawn from the underlying statutory framework. The Schedule provides textual instruments that operationalise arrest, committal to custody, imprisonment for non-compliance with orders, and financial enforcement by distress.

Arrest and apprehension

Warrants to apprehend: Forms 15, 19, 39 and 41 are explicit templates instructing constables and peace officers to apprehend named defendants and bring them before the Local Court, either forthwith or on a specified date, based on complaints or informations, or when a summons has been disobeyed. The textual form of these warrants directs law enforcement action in precise terms (see Forms 15 and 39 for arrest on complaint/information, and Forms 19 and 41 for arrest when summons is disobeyed).
Commands to constables and peace officers: The forms are addressed to constables and peace officers and "command" them to take the defendant into custody and bring them before the Court; they are operational orders that create an enforcement procedure for non-attendance or for initial detention pending hearing.

Remand, committal and custody

Remand orders and warrants: Forms 16, 17 and 44 instruct constables to convey defendants to specified gaols or prisons and command gaol keepers to receive and keep them until they are delivered by due process or until the remand date. For example, Form 17 is a "Warrant of Committal or Safe Custody during Adjournment of Hearing" which directs conveyance to gaol pending the adjourned hearing.
Committal for sentence: Form 52 is a "Warrant of Committal for Sentence" that orders conveyance to gaol where a defendant has pleaded guilty and is to be held in custody until appearing for sentence before the Supreme Court.

Orders enforceable by imprisonment and distress

Orders punishable with imprisonment: Form 28 is a template "ORDER FOR ANY MATTER WHERE THE DISOBEYING OF IT IS PUNISHABLE WITH IMPRISONMENT". It sets out how, when an order is made and served, if the defendant neglects or refuses to obey the order the Court may adjudge the defendant to be imprisoned for a specified period. The form also provides for payment of costs to the complainant and enforcement by distress and sale of goods.
Cost orders and distress: Form 21 (ORDER OF DISMISSAL OF A COMPLAINT) includes a mechanism for awarding costs to a defendant if a complaint is dismissed, followed by enforcement by distress and sale of goods if not paid. The form then provides for imprisonment if distress is insufficient, unless the sum for costs and charges is sooner paid. These templates map financial enforcement to imprisonment where statutory provision authorises such outcomes.

Procedural enforcement in respect of service and proof

Proof of service and enabling warrants: The proof-of-service sections that accompany many forms require a sworn affidavit of service, which the court can rely upon in issuing a warrant where a defendant failed to appear as summoned. The template language in Forms 1A/1B/2A/2B/14 etc. creates evidentiary tools for the court to determine whether a summons was properly served before issuing a warrant to apprehend.

Limitations and judicial discretion

Discretion to refuse written pleas: Form 14A gives judges discretion to reject a written guilty plea where imprisonment may be required, the defendant may not understand the consequences, or the defendant should answer the charge in open court. That discretion functions as a check on summary disposal by endorsement where in-person adjudication and sentencing scrutiny are necessary.

Operational distribution of enforcement costs and roles

Who executes enforcement: The forms consistently distribute enforcement tasks to the police (constables and peace officers) and to prison authorities (keepers of gaol/prison). The practical cost of enforcement (police time, transport, custody costs) is therefore allocated to the public enforcement agencies once a warrant is issued in the form prescribed.

The Rules do not in their text create statutory maximum penalties or the substantive penal law; rather, they provide the mechanismal paperwork through which statutory penalties, remands and enforcement are effected. The templates thus bridge judgment to action: judges and registrars use these prescribed forms to convert judicial decisions into enforceable warrants, orders and remand instruments that field officers and custodial authorities must execute.

The Rules sit within a network of statutes and subordinate instruments, and the Schedule forms explicitly reference and rely upon statutory provisions from the Local Court (Criminal Procedure) Act 1928 and other Acts listed in the endnotes. The text establishes interactions by reference.

Statutory hooks and cross-references

Local Court Acts: The top of the instrument describes the Rules as "Rules under the Local Court Act 2015" but Rule 2 uses the phrase "forms to be used under the Local Court Act 2005" (r 2). The Schedule forms themselves repeatedly cite the Local Court (Criminal Procedure) Act 1928 as the statutory source for each form (each form header includes "Local Court (Criminal Procedure) Act 1928" and a relevant section number). That places these forms as instruments that operate in support of and pursuant to multiple Local Court statutes across time.
Part V Division 1A reference: Form 42 (Notice of Preliminary Examination) tells the accused to "read and make sure you understand Part V, Division 1A of the Local Court (Criminal Procedure) Act 1928 and the Court's Practice Directions which give more details about the Court's procedures." This explicitly links the form’s procedural content to statutory provisions governing preliminary examinations and to court practice directions.

Amendments and consequential changes

Endnotes record a history of amendments across many Acts: the endnotes list specific amending instruments (for example, Evidence and Other Legislation (Witness Assistance) Amendment Act 2006; Domestic and Family Violence Act 2007; Oaths, Affidavits and Declarations Act 2010; various Justices Amendment Regulations; Local Court (Criminal Jurisdiction) Amendment Rules 2016; Amendment Rules 2020; and Statute Law Revision Acts). Those entries show that the forms in the Schedule have been revised over decades to align with changes elsewhere in the statutory framework and subordinate law (see List of Legislation and List of Amendments in the Endnotes). The Rules therefore interact dynamically with amendments to evidence, procedure, oath-taking, fines recovery and other procedural fields.
Interplay with evidence and witness assistance legislation: The endnotes specifically note the Evidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32, 2006) as an amending instrument for the Schedule. That suggests that provisions concerning witness assistance and evidence used at preliminary examinations have been reflected in form wording (for example, Form 42's description of witness statements and restrictions on questioning).

Operational interactions and administrative practice

Practice Directions: Form 42 refers the reader to the Court's Practice Directions for more detail about procedure. The Rules therefore interact with practice directions that operationally flesh out court processes beyond the fixed text of the forms.
Administrative overlap between Acts and revisions: The endnotes show multiple statutory revisions and that certain rules (rr 1 and 2 and the Schedule) were subject to interpretation or formal amendment by the Interpretation Legislation Amendment Act 2018. That indicates that the Rules must be read in conjunction with interpretive instruments and statute-revision provisions.

Potential inconsistencies to be noted (as presented in the text)

Multiple Local Court Acts referenced: The instrument's header refers to the Local Court Act 2015, Rule 2 refers to Local Court Act 2005, while the individual forms are captioned under the Local Court (Criminal Procedure) Act 1928. The endnotes show a long amendment history, so the Rules as reprinted integrate templates whose statutory provenance varies across time. Users must therefore map form usage to the current operative statutory provision in force for the particular proceeding rather than assume a single, uniform parent statute from the form headings alone.

Overall, the Rules are not freestanding; they are an administrative adjunct to criminal procedure statutes, evidence-related amendments, practice directions and subordinate legislation. They translate statutory process into standardised paperwork and are periodically revised to align with changes in the wider legislative and procedural environment, as recorded in the endnotes.

The instrument includes a detailed endnotes section that records the Rules’ revision history and the subordinate and principal legislation that has altered the forms over time. The reprint is "As in force at 20 November 2020" and the Endnotes identify a long sequence of notifications, commencements and amending instruments.

Key points from the recorded amendment history

Original instrument and commencement: The List of Legislation notes Justices Regulations (SL No. -, 1929) as "Notified 18 April 1929" and "Commenced 1 August 1929." The instrument as reprinted traces back to 1929 origins.
Multiple amendments across decades: The List of Legislation and List of Amendments record amendments in 1939; 1959; 1963; 1965; 1973; 1974; 1984; 1989; 1991; 1992; 1993; 1994; 1996; 2001; 2006; 2010; 2011; 2013; 2016; 2020. Each amendment entry lists notification or assent dates and commencement dates, showing iterative updates reflecting legislative change and administrative needs.
Notable legislative amendments by Act: The endnotes show amendments by particular Acts such as:
- Statute Law Revision Act 1992 (Act No. 46, 1992) Assent date 7 September 1992.
- Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993), Commenced 1 July 1993.
- Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60, 2001), Assent date 11 December 2001, Commenced 1 January 2002.
- Evidence and Other Legislation (Witness Assistance) Amendment Act 2006 (Act No. 32, 2006), Assent date 3 November 2006.
- Domestic and Family Violence Act 2007 (Act No. 34, 2007), Assent date 12 December 2007, Commenced 1 July 2008.
- Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010), Assent date 18 November 2010, Commenced 1 March 2011.
- Statute Law Revision Act 2020 (Act No. 26, 2020), Assent date 19 November 2020, Commenced 20 November 2020.
Subordinate legislation and regulation updates: There are numerous subordinate law instruments recorded in the Endnotes by SL No., such as Justices Amendment Regulations (various years), Courts Legislation Amendment (Revenue Units) Regulations 2006 (SL No. 36, 2006), and specific Local Court (Criminal Jurisdiction) Amendment Rules 2016 (SL No. 18, 2016) and 2020 (SL No. 15, 2020).
Repeals and replacements: The "List of Amendments" summarises specific rule insertions and repeals (e.g., r 3 repealed and replaced across amendment instruments). The endnotes include entries showing that certain rules were repealed by instruments such as No. 14, 2016 and that parts of the Schedule were amended repeatedly across decades.
General amendments and formal revisions: The endnotes include entries (3 and 4 in the Endnotes) noting that general amendments of a formal nature have been made by the Ordinances Revision Ordinance 1973 and the Interpretation Legislation Amendment Act 2018 to various provisions, including rr 1 and 2 and the Schedule.

Practical implication of the amendment history

The forms have been continuously updated to align with changes in substantive criminal procedure, evidence law, witness assistance measures, oath and affidavit practices, and court practice directions. The amendment history therefore signals that the Schedule is a dynamic instrument subject to revision when the procedural environment changes (for instance, following the Evidence and Other Legislation (Witness Assistance) Amendment Act 2006).
Users must consult the reprint's endnotes and the latest consolidated version to determine which form texts and rule numbers are currently operative. The endnotes provide the authoritative trace of changes; the instrument as presented was current to 20 November 2020.

The amendment record in the endnotes provides both a legal genealogy of the forms and an operational map for practitioners needing to understand when and how particular templates were altered in response to legislative developments.

The Rules, as presented in the Schedule and endnotes, do not themselves record case law or judicial decisions. The instrument contains no named cases and does not include judicial interpretations or citation of precedent. The Schedule provides form texts and procedural notices; the Endnotes list legislative and subordinate legislation amendments but do not reference any litigation.

Implication for practitioners

No case law is embedded in the instrument: Since the Rules are a set of prescribed forms and amendment records, they do not include judicial gloss or reported decisions on their construction. Any litigation history that interprets these forms, the procedural consequences they carry, or the statutory provisions they implement must be sought in external sources (judicial decisions, practice direction authorities and appellate rulings), which are not part of the text provided.
Reliance on statutory context for interpretation: In practice, questions about the legal effect of particular form language (for example, the necessary sufficiency of a proof of service affidavit to support a warrant, or the limits on written pleas) will turn on the underlying statutory provisions of the Local Court Acts (as referenced in the form headers) and on any judicial decisions interpreting those statutes and procedures. The Schedule suggests where statutory authority lies (the Local Court (Criminal Procedure) Act 1928 is repeatedly cited), so practitioners should consult that Act and relevant case law for interpretative issues.
Practice directions and judicial administration: Form 42 explicitly refers to the Court's Practice Directions as a source of more detailed procedural guidance, which may have been the subject of litigation or appellate clarification outside the instrument. Practitioners should therefore check the Local Court's Practice Directions and any reported decisions interpreting those directions and the statutory provisions referenced in the forms.

In short, the Rules supply the standardised documentary forms but, as printed here, do not provide litigation history or judicial interpretation. Users must consult external case law and administrative guidance to understand how courts have applied, interpreted or enforced the forms' provisions in practice.

The Schedule's forms and the Rules contain a number of features and quirks that can create traps for practitioners and court users if not attended to. These are operational, not evaluative, observations grounded in the text.

Inconsistent statutory references

Multiple parent statutes cited: The header describes the Rules as "Rules under the Local Court Act 2015", Rule 2 refers to "the Local Court Act 2005", and the forms are captioned under the Local Court (Criminal Procedure) Act 1928. This multiplicity of statutory references creates a risk of confusion over which statutory provisions should be treated as the operative authority for a particular process. Practitioners must check the current operative statute and the form's statutory hook before relying on the form verbatim (r 2 and form headers).

Strict proof-of-service formalities

Service methods are narrow and evidence-intensive: The proof-of-service template requires the server to swear an affidavit setting out the time, place and method of service, and to have that affidavit witnessed by a JP or commissioner for oaths. The permitted substitute methods (leaving a copy at last-known residence with a person apparently 16 or older; or at place of business with an employee apparently 16 or older) are explicitly limited and use the language "apparently", which invites challenge where the server’s facts are imprecise. Failure to comply with these formalities can permit a defendant to argue invalid service, and the court may lack the sworn proof necessary to issue a warrant (see PROOF OF SERVICE in multiple forms).

Timing requirements for written guilty pleas

Minimum delivery time: Form 14A requires any written guilty plea endorsement to be delivered "at least 3 days before the hearing date" to specified locations, including a police station within 80 km of the Local Court or the Local Court registry. If the endorsement arrives late, the defendant may lose the benefit of a non-attendance guilty plea and face in-person appearance or further listing. The form also insists on witnessing by a JP, solicitor or police officer which adds logistics to compliance.

Judicial discretion to reject written pleas

Non-exhaustive grounds but practical limits: Form 14A lists three grounds on which the Judge "does not have to accept the written guilty plea": (a) a punishment other than a fine is appropriate; (b) the Judge thinks the defendant does not understand the consequences; or (c) the defendant should answer the charge in the Local Court. These are phrased as judicial options, not mandatory checks, which means an otherwise valid endorsement can be rejected at the Judge’s discretion, unexpectedly requiring the defendant to attend.

Preliminary examination limits on questioning

Statutory prohibition in sensitive cases: Form 42 expressly restricts questioning of the alleged victim or child witnesses in sexual offence cases, and disallows questioning of child witnesses in specified serious violence matters. If a defence team assumes the right to cross-examine at the preliminary stage without seeking and securing judicial permission, they risk being precluded from testing the prosecution's witnesses (see Form 42).

Mandatory content and deletions

Templates include bracketed deletions: Several forms contain bracketed options and the instruction "Delete if inapplicable." Failure to correctly delete or adapt the template language (for example, leaving in both "complainant (or defendant)" options) can create ambiguity in the document and in the process it triggers. Practitioners must carefully edit templates to reflect the factual posture.

Service on remote or indigenous communities

Service at "last-known place of abode" standard: The forms permit service by leaving a copy at the "last (or most usual) place of abode" with a person 16 or older, but do not address community-specific practices or alternative methods (for example, service in remote Indigenous communities where household compositions or mobility may differ). Practitioners should check relevant practice directions and statutory amendments that may affect acceptable service methods in remote contexts.

Form wording versus statutory power

Forms operationalise power but do not expand it: The forms specify the wording to be used when exercising statutory powers (warrants, committal etc.), but the forms themselves do not supply substantive power beyond what the enabling statute provides. Relying on a form absent the necessary statutory factual predicate (for example, issuing a warrant without the requisite sworn statements or judicial satisfaction) risks invalid process.

Assumptions about who may witness affidavits

Witnessing requirements updated by other Acts: The PROOF OF SERVICE requires a "Justice of the peace / commissioner for oaths" to witness the server’s oath. Subsequent statutes or amendments to oath/affidavit legislation (referenced in the endnotes, e.g., Oaths, Affidavits and Declarations Act 2010) may have altered who may be an authorised witness; practitioners should confirm current authorised witnesses before attempting to swear proofs.

Administrative capture of evidence procedures

Preliminary examination limits are proceduralized in a notice: Form 42 structures how the committal brief and witness statements will be handled, but it also instructs defendants to file a "Notice in Relation to Witnesses" at the mention hearing if they want to question prosecution witnesses. Missing that step can foreclose cross-examination at the preliminary stage.

In short, the "gotchas" are operational: ensure the right statutory authority is being relied on, follow proof-of-service formalities accurately, respect timing and witnessing rules for written pleas, seek permission from the Judge before attempting to question prosecution witnesses at a preliminary examination, and ensure careful editing of bracketed template language. These are concrete compliance points embedded in the forms.

This section is a practical compliance checklist derived from the text of the Rules and the Schedule. It is designed for registrars, court staff, prosecutors, defence practitioners, police and others who must use the prescribed forms.

Confirm the correct parent statute and current form version
- Before using a form, verify which Local Court statute applies to your proceeding. The Rules headline references the Local Court Act 2015, Rule 2 refers to Local Court Act 2005, and forms cite the Local Court (Criminal Procedure) Act 1928. Check the current operative statute and the most recent consolidated version of the Rules and Schedule (the reprint here is as at 20 November 2020).
- Consult the Endnotes (List of Amendments) to confirm form updates and any substantive changes to related statutes (e.g., amendments listed under 2006, 2007, 2010, 2016, 2020).
Use the exact prescribed text (with permitted deletions) and accurately edit the templates
- Use the Schedule form that matches the proceeding (for instance, use Form 14 for summons to attend court; Form 14A for summons with the written guilty-plea option; use Forms 1A/1B for witness summonses, etc.).
- Delete bracketed or asterisked options only where inapplicable, as the forms instruct ("*Delete if inapplicable."), and check that any insertions are factually accurate (names, addresses, times and descriptions of alleged offences or articles to be produced).
Observe the prescribed methods and formalities for service of process
- Service options listed in proofs are: personal delivery; leaving a copy at last-known place of abode with a person apparently a resident aged 16+; or leaving at last-known place of business with an apparently employed person aged 16+. Use those methods unless a statute or court order authorises an alternative (see PROOF OF SERVICE text in multiple forms).
- After serving process, file a sworn proof of service by the server. The proof must be sworn before and witnessed by a justice of the peace or commissioner for oaths (or other authorised person as applicable under current oath/affidavit law). Ensure the proof includes place, date, time and method of service.
Ensure judicial satisfaction requirements are demonstrably met before issuing summonses or warrants
- Summons forms require that the issuing Judge/registrar/JP be "satisfied" the witness is likely to give material evidence or has articles required for evidence. Record the basis for that satisfaction in a written note in the court file or in the issuing endorsement, as appropriate (Forms 1A/1B/2A/2B, Forms 5/6).
Follow the written guilty plea endorsement mechanics precisely
- Use Form 14A if offering the defendant the written-plea option. Ensure the endorsement is witnessed by a JP, solicitor or police officer, and ensure the endorsement is delivered in person or by post at least three days prior to the hearing to one of the prescribed locations: the Local Court address listed on the summons or a police station within 80 km of that Local Court.
- Remember the judge has discretion to reject the written plea on the grounds listed in Form 14A. Provide any supporting documents (character references, financial records) with the endorsement if relevant to sentencing.
For preliminary examinations (Form 42), assure disclosure and follow-up steps
- The prosecution must prepare and provide a committal brief containing: list of prosecution witnesses and copies/recordings of their statements; list of other prosecution evidence and copies or descriptions/pictures. If prosecution intends to rely on further witnesses or evidence, they must provide additional lists and witness statements in time for the preliminary examination (Form 42).
- If the accused or defence seeks to question prosecution witnesses at the preliminary examination, they must seek the Judge's permission through the prescribed "Notice in Relation to Witnesses" and present it at the mention hearing. Be aware of the statutory limits on questioning alleged victims and child witnesses in sexual or specified serious violence offences.
Execute warrants and remand directions precisely as worded
- Warrants to apprehend, remand or commit (Forms 5, 6, 15, 16, 17, 44, 52) include directives to particular officers (constables, peace officers, keeper of the gaol). Ensure warrants are addressed to the appropriate officer and contain the exact locations and custody instructions as required by the form wording.
- When conveying prisoners, gaol Keepers must be given the warrant to accompany the detainee; the forms command gaol Keepers to receive and safely keep the defendant until ordered otherwise.
File and serve orders accurately, and follow cost enforcement templates where applied
- Orders for dismissal or where enforcement by distress or imprisonment is to be used (Forms 21, 28) must be recorded in the prescribed form language. If a cost order is made, ensure that the necessary enforcement steps,levy by distress, and then commitment in default,are taken in accordance with the statutory process and the order's text.
Maintain best-practice file records: keep copies of forms, proofs, committal briefs and notices
- Keep both the completed statutory form and a copy of any supporting disclosure or sworn proofs. The Schedule anticipates attachment of copies of evidence to special-case or committal templates (e.g., Form 61 "Special Case Stated" attaches a copy of the evidence taken).
Check practice directions and related statutory provisions

Form 42 directs users to Part V Division 1A of the Local Court (Criminal Procedure) Act 1928 and to the Court's Practice Directions for procedural detail. Always check the current Practice Directions for any local modifications or steps not captured by the Schedule template.
Consult any statutory amendments recorded in the endnotes before acting, particularly those affecting oath-taking, witness assistance, fines recovery, domestic and family violence procedure and other topics identified in the amendments list.

Where doubt arises, seek judicial direction

Where an attempt to use a form raises factual questions (for example, sufficiency of service facts in a sworn proof, or whether the judge should accept a written plea because of potential imprisonment), seek direction from the presiding Judge or Registrar rather than assuming the form suffices.

Following these steps will align practice with the forms and the procedural obligations embedded in the Schedule. The forms are designed to be prescriptive in language; compliance requires precision in editing, service, witnessing, disclosure and timely filing.

LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929

Plain English Summary

Deep Dive

What it does

Current sections

LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929

Source text: opening excerpt

1 LOCAL COURT (CRIMINAL JURISDICTION) RULES 1929

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply