Northern Territory regulation

LOCAL COURT (CRIMINAL PROCEDURE) REGULATIONS 2016

In ForceNT

Jurisdiction

Northern Territory

Collection

regulation

Plain English Summary

4/10 complexity

These Regulations set the maximum amounts a Local Court may order for legal costs in criminal matters under section 77C: 1,500 monetary units for the first day (including preparation and counsel) and 850 monetary units for each subsequent day. The Court may exceed those caps only in exceptional cases.

The Regulations list factors the Court may consider when awarding costs (conduct of complainant and defendant, quality of investigation, technical dismissals, etc.) and keep the old costs scale for proceedings begun before commencement.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in LOCAL COURT (CRIMINAL PROCEDURE) REGULATIONS 2016.

LOCAL COURT (CRIMINAL PROCEDURE) REGULATIONS 2016

NORTHERN TERRITORY OF AUSTRALIA LOCAL COURT (CRIMINAL PROCEDURE) REGULATIONS 2016 As in force at 20 November 2020 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 5 Limit on amount ordered for costs ................................................... 1 6 Transitional matters for the Local Court (Criminal Procedure) Regulations 2016............................................................................. 2 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2020

LOCAL COURT (CRIMINAL PROCEDURE) REGULATIONS 2016 Regulations under the Local Court (Criminal Procedure) Act 1928 1 Citation These Regulations may be cited as the Local Court (Criminal Procedure) Regulations 2016. 2 Commencement These Regulations commence on the commencement of the Local Court Act 2016. 5 Limit on amount ordered for costs (1) For section 77C of the Act, the amount that the Court may order for costs (the prescribed scale) must not exceed: (a) for the first day of a hearing, including preparation of the case for the hearing and counsel fee – 1 500 monetary units; and (b) for the second or a subsequent day of the hearing – 850 monetary units. (2) In determining the amount for costs, the Court may have regard to the following matters: (a) whether the complainant commenced and continued with the proceedings in good faith; (b) whether the complainant failed to take steps to investigate a matter coming to, or within, the complainant's knowledge; (c) the conduct of the investigation of the matters that led to the complainant making the complaint; (d) if the Court dismissed the complaint – whether the dismissal was made on technical grounds and not on a finding that there was insufficient evidence to convict or make an order against the defendant;

Local Court (Criminal Procedure) Regulations 2016 2 (e) whether the defendant conducted the defence in a way that unreasonably prolonged the proceedings; (f) whether the defendant was entitled to an acquittal but subsequently convicted on another charge. (3) However, if the Court considers the circumstances of the case, or the legal issues, are of an exceptional nature, the Court may order costs exceeding the prescribed scale. 6 Transitional matters for the Local Court (Criminal Procedure) Regulations 2016 The prescribed scale as mentioned in repealed regulation 14 of the Justices Regulations 1929 continues to apply in relation to proceedings in the Local Court that are commenced before the commencement of these Regulations as if the repealed regulation had not been repealed.

ENDNOTES Local Court (Criminal Procedure) Regulations 2016 3 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Local Court (Criminal Procedure) Regulations (SL No. 15, 2016) Notified 29 April 2016 Commenced 1 May 2016 (r 2, s 2 Local Court Act 2015 (Act No. 15, 2015) and Gaz G1, 6 January 2016, p 9) Monetary Units Act 2018 (Act No. 17, 2018) Assent date 6 September 2018 Commenced 1 November 2018 (Gaz G40, 3 October 2018, p 7) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 2 and 3. 4 LIST OF AMENDMENTS r 3 amd Act No. 17, 2018, s 12 rep Act No. 26, 2020, s 3 r 4 rep Act No. 17, 2018, s 13 r 5 amd Act No. 17, 2018, s 14

Source text

Sourced from NT Legislation (legislation.nt.gov.au), CC BY 4.0.

1 LOCAL COURT (CRIMINAL PROCEDURE) REGULATIONS 2016

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2020