Please be ready with your application reference number starting with 'P'. For example P1234567
Schedule I, Part 1 of Division 1 (3) of the Criminal Code Act 1983 (NT) defines an offence as either indictable or summary offences.
Indictable offences are more serious offences where the penalty exceeds the maximum penalty a Magistrate Court can impose for the matter.
Indictable offences are a serious criminal offence and will show up on an individual's national police check in the NT.
An offence is indictable if;
Indictable offences are dealt with in a Supreme Court after passing through committal hearings. Almost all offences that are not treated in Local (Magistrate) Courts are handled in the Supreme Court. These trials are usually for serious indictable offences including;
These are preliminary hearings held in a (Magistrate) Court that;
The first procedure for an indictable offence is to lay the information that contains the case.
An information for an indictable offence is presented where;
The Criminal Code Act 1983 (NT) allows charges to be joined in an information charge, if the offences are from a sequence of events or actions.
However, if the court thinks it necessary, it can deal with such charges separately
The Judge, Registrar or JP will also issue a summons for the defendant if they are not already in custody. If the defendant does not obey the instructions of the summons, the court will issue a warrant for their arrest.
The Magistrate Court conducts a committal proceeding where the committal brief is served.
The committal brief contains;
If the defendant appears before the court, and such offences can be determined summarily;
The procedure of the court will be the same, including all provisions of the Act. The Court will treat such a plea as if the charge is for a summary offence.
However, if the court concludes that the defendant pleaded too early considering other facts coming from the prosecution;
When the prosecutor exhausts all its evidences and material relating to the case, the court must consider;
If the court concludes that the evidence the prosecutor submits is sufficient to convict the person of an indictable offence, the court will consider;
During a preliminary examination, the court must explain the following actions to the defendant reasonably;
Where the defendant gives evidence in a preliminary hearing;
The court may not give an explanation if the defendant is represented by a legal practitioner. However, they must be satisfied that the legal practitioner has explained all the requirements to the defendant.
While the court is conducting a preliminary examination, they can remand the person in custody. Usually, the court will require the person to be in the custody of the Correctional Services. It must be for a period;
As an alternative to keeping a defendant in custody, the court can grant them bail under. All bail conditions must satisfy the conditions set in the Bail Act 1982 (NT).
When a defendant is committed for trial at the Supreme Court, the Director of Public Prosecutions in the NT (DPP) must deliver a copy of the committal brief. The DPP must deliver the documents to the proper officer at the supreme court before or on the first day of the hearing.
The court will hear and determine certain indictable offences summarily.
These include offences in the Criminal Code Act 1983 for the following sections;
And other offences stipulated by the Code that can be treated Summarily.
Indictable offences are serious criminal offences. The offence will be disclosed on a national police clearance.
Due to the seriousness of indictable offences and their long associated prison terms, an indictable offence will not get expunged from an individual’s criminal record as per the spent convictions scheme in the NT.
Individuals can obtain their nationally coordinated criminal history check (NCCHC) online via the Australian National Character Check - ANCC® website.
Criminal Code Act 1983 (NT) - https://legislation.nt.gov.au/en/Legislation/CRIMINAL-CODE-ACT-1983
Local Court Act 2015 (NT) - https://legislation.nt.gov.au/en/Legislation/LOCAL-COURT-ACT-2015
Local Court (Criminal Procedure) Regulations 2016 (NT) - https://legislation.nt.gov.au/en/Legislation/LOCAL-COURT-CRIMINAL-PROCEDURE-REGULATIONS-2016
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