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