Media Guide
Northern Territory Courts
Supreme Court
&
Magistrates Court
NHULUNBUY
DARWIN
Alyungula (Groote Eylandt), Daly River (Nauiyu), Galiwin'ku (Elcho Island), Gapuwiyak, Jabiru, Milikapiti (Snake Bay), Nguiu
(Bathurst Island), Nhulunbuy, Numbulwar, Oenpelli (Gunbalunya), Wadeye (Port Keats), Pirlingimpi (Garden Point),
Maningrida
KATHERINE
Barunga, Borroloola, Timber Creek, Ngukurr, Mataranka
TENNANT
CREEK
Hermannsburg, Ali Curung, Elliot, Kalkaringi, Kintore, Lajamanu, Mutitjulu, Papunya, Ti Tree, Tennant Creek,
Yuendumu
ALICE
SPRINGS
Introduction
Introduction
This publication provides a basic guide for media representatives. It provides an
overview of the Court system and guidance in relation to access and reporting of
cases in the Northern Territory Courts. The guide covers the Supreme Court,
Magistrates Courts and Coroner’s Court.
The publication does not contain legal advice and media representatives
should seek their own independent expert legal advice.
Publication Released May 2011
Compiled by Malika Okeil
Courts Liaison and Education Officer
2
Table of Contents
Introduction.......................................................................................................................................................................................2
The Rule of Law ...............................................................................................................................................................................4
Separation of Powers .......................................................................................................................................................................4
Overview of our Court System .........................................................................................................................................................4
Supreme Court .................................................................................................................................................................................5
Criminal Jurisdiction ....................................................................................................................................................................5
Civil Cases ..................................................................................................................................................................................5
Appeals .......................................................................................................................................................................................5
Federal jurisdiction ......................................................................................................................................................................6
Magistrates Courts ...........................................................................................................................................................................7
Court of Summary Jurisdiction (CSJ)..........................................................................................................................................7
Youth Justice Court (YJC)...........................................................................................................................................................7
Coroner’s Court...........................................................................................................................................................................7
Local Court..................................................................................................................................................................................7
Work Health Court.......................................................................................................................................................................7
Specialist Programs ....................................................................................................................................................................8
Tribunals...........................................................................................................................................................................................9
Lands, Planning and Mining Tribunal..........................................................................................................................................9
Mental Health Review Tribunal ...................................................................................................................................................9
Health Professional Review Tribunal ..........................................................................................................................................9
In the Court Room ..........................................................................................................................................................................10
Judges and Magistrates ............................................................................................................................................................10
Master .......................................................................................................................................................................................10
Coroner .....................................................................................................................................................................................10
Registrars..................................................................................................................................................................................10
Legal Practitioners ....................................................................................................................................................................10
Court Staff .................................................................................................................................................................................10
Media in Court ................................................................................................................................................................................11
Open and closed Courts ...........................................................................................................................................................11
Courtroom Courtesy..................................................................................................................................................................11
Media Access .................................................................................................................................................................................12
Media Liaison ............................................................................................................................................................................12
Interviews ..................................................................................................................................................................................12
Press Facilities ..........................................................................................................................................................................12
Court Lists .................................................................................................................................................................................12
Filming, photographing and recording ......................................................................................................................................13
Sketching ..................................................................................................................................................................................13
Supreme Court Judgments and Sentencing Remarks..............................................................................................................14
Court Files.................................................................................................................................................................................14
Transcripts ................................................................................................................................................................................15
Exhibits......................................................................................................................................................................................15
Magistrates Courts Decisions ...................................................................................................................................................16
Magistrates Court Files .............................................................................................................................................................16
Transcripts ................................................................................................................................................................................17
Court Exhibits............................................................................................................................................................................17
Media Reporting .............................................................................................................................................................................18
Fair and accurate reporting .......................................................................................................................................................18
Reporting of Jury Trials .............................................................................................................................................................18
Contempt of Court.....................................................................................................................................................................19
Suppression Orders ..................................................................................................................................................................19
Laws which restrict publication..................................................................................................................................................19
General Information........................................................................................................................................................................21
Security .....................................................................................................................................................................................21
Parking ......................................................................................................................................................................................21
Smoking ....................................................................................................................................................................................21
Emergency procedures .............................................................................................................................................................21
Supreme Court Judges...................................................................................................................................................................22
Current Judges..........................................................................................................................................................................22
Additional Judges......................................................................................................................................................................22
Acting Judges............................................................................................................................................................................22
Master .......................................................................................................................................................................................22
Supreme Court Practice Directions ................................................................................................................................................23
Magistrates Courts .........................................................................................................................................................................32
Chief Magistrate ........................................................................................................................................................................32
Magistrates................................................................................................................................................................................32
Darwin .......................................................................................................................................................................................32
Coroner .....................................................................................................................................................................................32
Chief Magistrate’s Practice Directions............................................................................................................................................33
Circuit Court Locations ...................................................................................................................................................................45
Court Reporting Services ...............................................................................................................................................................46
Reference Links..............................................................................................................................................................................47
Common Legal Terms ....................................................................................................................................................................48
3
Court System
The Rule of Law
The Rule of Law, in simplest terms, is the principle that every person, organisation
and government is subject to the law, and that no one is above the law.
Separation of Powers
The Australian system of government incorporates a ‘doctrine of separation of
powers’ which refers to the separation of the legislature (law makers), the executive
(law enforcers) and the judiciary (law interpreters). This independence is one of the
most vital safeguards of our democracy and enables the judiciary to perform their
role fearlessly, effectively and independently.
Overview of our Court System
The Australian Court system is made up of a hierarchy of Courts that range from the
local to the federal level. This means that each Court has been granted specific
powers to only deal with certain types of legal matters. The Australian Court system
has two main arms: State/Territory and Commonwealth.
HIGH COURT of Australia SUPREME COURT of the Northern Territory FAMILY COURT of Australia • Court of Appeal
• Court of Criminal Appeal
• Civil & Criminal trials
• Appeals from Magistrates Courts FEDERAL COURT of Australia FEDERAL MAGISTRATES COURT of Australia MAGISTRATES COURTS of the Northern Territory • Local Court
• Court of Summary Jurisdiction
• Youth Justice Court
• Work Health Court
• Coroner’s Court
4
Supreme Court
Supreme Court
The Supreme Court is the superior court of the Northern Territory (NT) and was
established on 30 May 1911. The Court exercises both original and appellate
jurisdictions. The Supreme Court consists of the Chief Justice, other Judges and the
Master.
Criminal Jurisdiction
Except for certain minor indictable offences which may be dealt with by the Court of
Summary Jurisdiction, the Supreme Court has exclusive jurisdiction over all
indictable offences under the Territory and Commonwealth law. Indictable offences
are those which are classified ‘crimes’ under the Northern Territory Criminal Code.
Typically, these are offences such as murder, manslaughter, robbery, sexual
assaults, major fraud, serious assaults and major drug matters.
Matters usually come before the Supreme Court after a committal hearing in the
Magistrates Court. At an arraignment, criminal matters are assigned trial or plea
dates by the presiding Judge or Master.
The majority of matters are dealt with by way of plea, that is, the defendant will enter
a plea of guilty on an indictment. The Judge will proceed to sentence after hearing
submissions from both prosecution and defence counsel.
A defended matter, that is, one where the defendant enters a plea of not guilty, is
dealt with by a Judge and jury comprised of 12 jurors.
Civil Cases
The Supreme Court has jurisdiction over all civil matters including claims over
$100,000. Civil cases are heard by a single Judge, although there is limited power,
rarely used, for trial by a Judge and jury of four.
Many cases are case managed by the Master and the Registrar of the Court and are
settled without any Judge involvement thus reducing costs and encouraging parties
to settle matters without the need for a trial.
Appeals
The nature of appeal varies according to the terms of the statute creating the right of
appeal.
A single Judge hears and determines appeals (civil and criminal) from the lower
Courts.
Civil appeals from a single Judge are heard by not less than three Judges sitting as
the Court of Appeal.
5
Supreme Court
Criminal appeals by a trial Judge are heard by not less than three Judges sitting as
the Court of Criminal Appeal.
The Court sometimes sits as the Full Court of the Supreme Court, usually of not less
than three Judges, to hear special cases referred by a single Judge.
Appeals from the Full Court of the Supreme Court, the Court of Appeal or the Court
of Criminal Appeal are heard by the High Court of Australia, but only after that Court
has granted special leave to appeal.
Federal jurisdiction
The Court has jurisdiction in most federal matters except where a federal court has
exclusive jurisdiction. Sometimes the Commonwealth Act conferring jurisdiction on
the Court provides for appeals from single Judges of the Court to be heard
exclusively by a Full Bench of a particular Commonwealth Court, e.g. the Federal
Court of Australia, but usually appeals are heard either by the Territory Court of
Appeal or Court of Criminal Appeal.
6
Magistrates Courts
Magistrates Courts
The Magistrates Court is the first tier of the Northern Territory Court system and its
principal judicial officer is the Chief Magistrate. The Court’s main venues are in
Darwin, Katherine and Alice Springs with Magistrates travelling on circuit to over
thirty remote locations across the Territory.
Court of Summary Jurisdiction (CSJ)
The Court of Summary Jurisdiction is constituted under the Justices Act and
determines all summary offences and some indictable offences. The Court also
conducts committal hearings in relation to more serious indictable offences that are
then determined in the Supreme Court. The Court has jurisdiction to hear domestic
violence applications under the Domestic Violence Act.
Youth Justice Court (YJC)
The Youth Justice Court is constituted under the Youth Justice Act and hears
charges against young offenders who are under 18 years of age when the offence is
committed. A youth may be committed to the Supreme Court for trial or sentence for
serious offences.
Coroner’s Court
The Office of the Coroner is established under the Coroner’s Act to investigate, and if
necessary, hold an inquest into deaths occurring in unusual circumstances and
disasters. The Court sits in Darwin and Alice Springs and at any other location as
required. Disasters are defined as occurrences which threaten to cause substantial
loss of life, loss of property, or threaten public safety.
Local Court
The Local Court is established under the Local Court Act.
The Local Court determines civil cases involving debts, damages or other actions to
a maximum of $100,000. Actions for amounts under $10,000 may be heard in the
Small Claims jurisdiction of the Local Court.
The Court also determines appeals against decisions of a large number of statutory
bodies, e.g. appeals from decisions of the Commissioner of Tenancies.
The Court has the power to make orders in respect of the welfare or guardianship of
children considered ‘at risk ‘under the Care and Protection of Children Act (NT). The
Court has the power to grant adoptions under the Adoptions Act.
Work Health Court
The Work Health Court deals with worker’s compensation claims under the Workers
Rehabilitation and Compensation Act.
7
Magistrates Courts
Specialist Programs
The Northern Territory Magistrates Court operates three specialist programs: the
Court Referral and Evaluation for Drug Intervention and Treatment, Northern
Territory (CREDIT NT); the Alcohol Court; and the Community Court.
CREDIT NT
CREDIT NT is a bail program which provides support for defendants with substance
abuse problems by providing access to drug treatment and rehabilitation,
accommodation and other supports. The program aims to provide early substance
abuse treatment for alleged offenders, to minimise harm to the substance user and
the community, and to improve the quality of life for the substance user.
Alcohol Court
The Alcohol Court is established under the Alcohol Court Act 2006 and is a Court
Diversion Program targeting individuals whose offences are alcohol related and are
found guilty or are prepared to plead guilty. The Alcohol Court operates in Darwin,
Alice Springs, Tennant Creek and Nhulunbuy.
Community Court
The Community Court program aims to increase participation by the community in
the Court process by involving the community in the sentencing process and to
broaden the sentencing process so that the Court can examine the underlying issues
of offending behaviour and consider the needs of the victims.
8
Tribunals
Tribunals
Lands, Planning and Mining Tribunal
The Lands Planning and Mining Tribunal is an independent statutory body
established under the Lands Planning and Mining Tribunal Act. Although the Tribunal
has a broad jurisdiction under section 5 of the Act the Tribunal principally exercises
jurisdiction in the following areas:
•
Hearing and determining planning appeals from decisions of the Development
Consent Authority;
•
Hearing and making recommendations about objections to the acquisition of land
under the Lands Acquisition Act by persons whose interests in land will be
divested, modified or affected by the acquisition; and
•
Hearing and determining claims for compensation referred to the Tribunal under
the provisions of the Lands Acquisition Act
Mental Health Review Tribunal
The Mental Health Review Tribunal was established under the Mental Health &
Related Services Act 1998. It is an independent statutory body that has the power to
make decisions about the care and treatment of people who have a mental illness or
mental disturbance. The majority of Tribunal hearings are held to decide whether a
person needs to be treated as an involuntary patient, either in hospital or in the
community, in accordance with the Act.
Health Professional Review Tribunal
The Health Professional Review Tribunal was established under the Health
Practitioner Regulation National Law in 2010. The Tribunal deals with serious
complaints, impairments and performance matters in relation to registered health
practitioners. These include the following professions: chiropractic; medical; dental;
nursing; midwifery; optometry; osteopathy; pharmacy; physiotherapy; and
psychology.
9
In the Court room
In the Court Room
Judges and Magistrates
Judges and Magistrates are responsible for the conduct of proceedings in court and
as such make orders to ensure proceedings are conducted fairly and without
disruption.
In the Northern Territory Courts wigs and gowns are only worn by Judges. Red robes
and wigs are worn for criminal matters and special ceremonial sittings and black
robes without wigs for civil matters. Judges and Magistrates are addressed as ‘Your
Honour’.
Master
The Master is a member of the Supreme Court who carries out judicial functions in
the civil jurisdiction of the Court. Generally, the Master hears and determines issues
which arise prior to a civil trial. The Master also has limited judicial function in the
criminal jurisdiction. The Master is addressed as ‘Master’.
Coroner
The Territory Coroner oversees and coordinates all coronial services throughout the
Northern Territory and ensures that all deaths and suspected deaths over which a
coroner has jurisdiction are thoroughly investigated.
Registrars
The Registrar of the Supreme Court hears and case-manages civil matters prior to
trial or hearing. The Magistrates Court Judicial Registrar case-manages most civil
matters and has the power to determine Small Claims matters.
Legal Practitioners
A barrister is a legal practitioner who argues cases in court. Independent barristers
receive briefs from solicitors but otherwise generally do not have direct dealings with
clients. A solicitor deals directly with clients, taking instructions from them.
Senior Counsel (SC) are practitioners who have attained professional eminence at the
Bar. In the past, this appointment was known as ‘Queen’s Counsel’ (QC). In court, Senior
Counsel wear silk gowns. This is why they are sometimes referred to as ‘silks’.
Court Staff
Sheriff’s Officers in the Supreme Court and Court Officers in the Magistrates Court
prepare the courtroom ensuring court is ready to commence.
10
Media in Court
Media in Court
Open and closed Courts
Open justice is one of the most fundamental aspects of the Australian justice system.
All courts are open to the media and the public. There are, however, cases where in
the interest of justice the court requires the public and media excluded from the
whole or part of a proceeding. In these cases this will be indicated by a ‘closed court’
sign at the courtroom entrance.
Courtroom Courtesy
When in court, there are some basic courtesies to observe that will help to ensure
the court process is not interrupted or distracted. These include:
•
Attend court suitably dressed;
•
Talking loudly, smoking and eating in court is not permitted;
•
Stand when a Judge or Magistrate enters or leaves the court;
•
It is customary to bow when entering or leaving the Court room in respect of the
laws of the land, the Court and its judiciary.
•
Remain as quiet as possible whilst court is in session;
•
Be aware that others in the court may be facing criminal charges or maybe the
friends and relatives of those facing charges or maybe victims of crime or friends
and relatives of victims of crime;
•
If you are addressed by the Judge or Magistrate during court proceedings and
you need to respond, you should stand and address the Judge or Magistrate as
‘Your Honour’;
•
Mobile phones and pagers must be turned off (not just on silent);
•
Laptops and ipads may be used in the courtroom, but may be prohibited at the
discretion of the presiding Judge/Magistrate; and
•
Video or other cameras (from mobile phones), tape recorders, two-way radios or
other electronic equipment are not permitted to be used in the courtroom without
the permission of the presiding Judge or Magistrate.
A Judge or Magistrate may order the removal of anyone who behaves, or is dressed
inappropriately.
11
Media Access
Media Access
Media Liaison
Media queries relating to Supreme Court or the Magistrates Court should be directed
to the Courts Liaison and Education Officer.
Ms Malika Okeil
Telephone:
Mobile:
Fax:
Email:
(08) 8999 5295
0402 084 861
(08) 8999 5512
[email protected]
Interviews
Judges and Magistrates do not give interviews or statements relating to cases before
the Court. Judges and Magistrates speak publicly through their Sentencing Remarks
and Reasons for Judgment. Transcripts of Sentencing Remarks and Reasons for
Judgment are published on the Supreme and Magistrates Court’s websites.
Judicial officers do conduct media interviews from time to time on general topics.
Interviews should be arranged through the Courts Liaison and Education Officer.
Press Facilities
The Supreme Court in Darwin has a designated press room available to media. The
press room is located on Level 4 and is available to all media representatives from
8.00am to 5.00pm Monday to Friday (except public holidays).
Court Lists
Court lists are published daily on the Supreme Court and Magistrates Court websites.
The lists are also posted on notice boards at all courthouses where court sittings are
being held.
Media representatives should note that court lists are published as a guideline, and
may change at short notice.
12
Media Access
Filming, photographing and recording
In and around the Court
Filming and still photography is prohibited in any court building without prior
permission of the Chief Justice or Chief Magistrate. This includes filming in foyers
through the automatic doors. Jurors are not to be filmed or photographed. Please be
aware of other people included in any footage taken.
Filming a sentencing or the findings of an Inquest
An application may be made to the Court to record and publish a proceeding or part
of a proceeding by lodging an application to the Courts Liaison and Education Officer
at a reasonable time prior to the proceeding. The application will be referred to the
Chief Justice, Chief Magistrate or Coroner for consideration.
Filming a Ceremonial Sitting
On various occasions, the Supreme Court holds special Ceremonial Sittings to
welcome or farewell a Judge or for other important occasions. A notification from the
Courts Liaison and Education Officer will provide the date and time of the sitting and
include filming and video graphing conditions.
Filming documentaries
An application may be made to the Court to film a documentary, short film or training
film. In these instances a proposal should be provided to the Courts Liaison and
Education Officer at a reasonable time prior to filming.
Your proposal at minimum should include:
•
Date and location;
•
Outline of the film;
•
Context in which the film will be shown;
•
Cultural and/or religious requirements;
•
Persons to be filmed; and
•
Any copyright and ownership information.
Sketching
Sketching of a courtroom scene is generally permitted with prior notice. Media
representatives should contact the Courts Liaison and Education Officer with the
details of the case and the person(s) being sketched. Sketching or other identification
of jurors is strictly prohibited.
13
Media Access
Supreme Court Judgments and Sentencing Remarks
As part of the public process, Judges publish their Reasons for Judgment. A
Judgment is a transcript of the decision of the Judge and generally outlines: the facts
of the case; the issues; the law; the interpretation of the law; and orders made as a
result.
Where a media representative is interested in obtaining a copy of a Supreme Court
Judgment or Sentencing Remarks, the media representative should send their
request to the Courts Liaison and Education Officer at least 24 business hours prior
to the judgment being published or the sentence being handed down. The media
request will be considered by the presiding Judge who will advise if a copy will be
made available.
Supreme Court Judgments and Sentencing Remarks are published on the Supreme
Court website.
Sentencing Remarks not available on the Supreme Court website can be requested
by an email request to the Courts Liaison and Education Officer.
Court Files
Access to court files is governed by various legislative provisions, Practice Directions
and Court Rules.
Criminal Trials – Access prior to trial
Access to the Court’s criminal files is governed by Rule 81A.39 and by s428 and s439 of
the Criminal Code.
Prior to trial the Court will not usually grant access to the criminal file to the media (or
a non-party). However, access may be granted by a Judge upon an application to the
Court being made through Courts Liaison and Education Officer. Access may be
granted or refused at the discretion of the Court (refer to Practice Direction No 2 of
2010).
Except in exceptional circumstances, access by the media is limited to the indictment
and any orders made by the Court.
Criminal Trials – Access subsequent to trial
An access application may be made to access a criminal file after trial. Again, access
may be granted or refused at the discretion of the court (refer to Practice Direction
No 2 of 2010).
Civil Court Files
Access to the court’s civil files is governed by Rule 28.05 of the Supreme Court Rules. A
search fee is payable under the Supreme Court Regulations. Affidavits handed up in
14
Media Access
court but not formally read in an open court are not available for inspection by the
media without the leave of the Court.
Access by the media to civil files is at the discretion of the Judge, Registrar or the
Master. The documents available for access are listed in Practice Direction No 13 of
2001 – Public access to Civil jurisdiction court files)
Review of Applications for Access
If the media access application to a file or document is refused, the media
organisation may apply to the Court by Originating Motion for an order granting
access. This application will be heard by the Court as a new hearing.
Transcripts
All Northern Territory court proceedings are digitally recorded. Transcripts are
available to the general public (except where suppression orders or other
confidentiality applies) by lodging an application form to Merrill Corporation Australia.
Transcripts may be supplied as printed copy or in electronic medium. Prescribed fees
and copyright provisions apply.
Transcript application forms are available on the Supreme Court and Magistrates
Courts websites and provide current charges.
Supreme Court running (daily) transcripts that are routinely available include jury
trials, criminal sentences, and criminal arraignments. Some other matters are
transcribed delayed and are usually available within seven days.
Not all matters are transcribed automatically. Refer to Practice Direction No 4 of 2007
– Preparation of Transcript. Access to audio recordings of Supreme Court matters
conducted in open court are available to media representatives by directly contacting
Merrill Corporation Australia.
Media representatives wanting to listen to transcribed matters may contact Merrill
Corporation Australia.
Exhibits
Exhibits are not part of the record of the court and are not available for inspection
without the permission of the Court.
Exhibits include documents, objects,
photographs and/or video footage such as CCTV footage.
Media representatives may seek access to exhibits by completing a ‘Media
Application for Access to Court Exhibits’ form and sending it to the Courts Liaison
and Education Officer or Sheriff. The application form should outline the details of the
exhibit, the purpose and conditions it will be published. Refer to the Supreme Court
website to download a copy of the form. Access to exhibits is in the discretion of the
Court.
15
Media Access
Magistrates Courts Decisions
Magistrates’ Reasons for Decisions can be accessed on the Magistrates Court
website.
Coroner’s Findings are generally available on the same day as the findings are
handed down and can be accessed on the Coroner’s website.
Magistrates Court Files
Access to Court files is governed by various legislative provisions, Practice Directions
and Court Rules.
Civil Files
Access to the civil files is governed by s21 of the Local Court Act. A search fee is
payable under Regulation 2 and schedule of the Local Court Regulations. Media
access (non-parties) is governed by s12(3) of the Local Court Act restricting access
to orders only (interlocutory and final orders (refer to Practice Direction No 18 –
Access to Magistrates’ Court files).
Work Health
Access to Work Health files is governed by s95 of the Workers Rehabilitation and
Compensation Act. A search fee is payable under Regulation 2 and schedule of the
Local Court Regulations (refer to Practice Direction No 9 – Access to Magistrates
Court files - Work Health).
Domestic Violence
Access by a non-party to Domestic Violence files is governed by Practice Direction
11 and does not allow viewing or taking a copy of any documents on the court file
without an order of the Court (refer to Practice Direction No 11 – Access to
Magistrates Court files – Domestic Violence).
Criminal Files
Access to criminal files (Court of Summary Jurisdiction and Youth Justice Court) is
governed by a Practice Direction issued under s201A of the Justices Act and s53 of
the Youth Justice Act (refer to Practice Direction No 3 of 2011 – Access to Criminal
Files, Court of Summary Jurisdiction and Youth Justice Court).
16
Media Access
Transcripts
All Northern Territory court proceedings are digitally recorded. Transcripts are
available to the general public (except where suppression orders or other
confidentiality applies) by lodging an application form to Merrill Corporation Australia.
Transcripts may be supplied as printed copy or in electronic medium. Prescribed fees
and copyright provisions apply.
Transcript application forms are available on the Supreme Court and Magistrates
Courts websites and provide current charges.
It is important to note that running (daily) transcripts are not recorded in the
Magistrates Courts, and must therefore be ordered via a transcript application form.
Court Exhibits
Exhibits are not part of the record of the court and are not available for inspection
without the permission of the Court.
Exhibits include documents, objects,
photographs and/or video footage such as CCTV footage.
Media representatives may seek access to exhibits by completing a ‘Media
Application for Access to Court Exhibits’ form and sending it to the Courts Liaison
and Education Officer or Registrar of the Court. The application form should outline
the details of the exhibit, the purpose and conditions it will be published. Refer to the
Magistrates Courts website to download a copy of the form.
Access to exhibit in Magistrates Courts is governed by Practice Direction No 2 of
2011 and is in the discretion of the Court (refer to Practice Direction No 2 – Access to
Exhibits by non-parties in the Magistrates Courts).
17
Media Reporting
Media Reporting
Fair and accurate reporting
The Court acknowledges media organisations work with time and space constraints.
However, the media has an obligation to those involved in cases to report
proceedings accurately, fairly and in a balanced way. There is also a wider obligation
to ensure that justice is properly conveyed to the community.
There are certain well-known areas of particular sensitivity where special caution
should be exercised and legal advice taken prior to publication. The following
information is meant as a reference only and it is recommended that you seek
independent, expert legal advice on any issue about which you are in doubt.
Reporting of Jury Trials
In general terms, the media should not publish or report anything prior to a jury trial
which may have a tendency to interfere with, or prejudice the fairness of the trial of
an accused person. The following guidelines aim to ensure that the jury in a
particular criminal trial arrives fairly and in an unbiased manner at their verdict:
•
The media should not publish or report anything which takes place in court in the
absence of the jury.
•
A voir dire occurs in the absence of the jury and is essentially oral evidence and
argument in court on an issue to decide which way a case should be conducted.
For instance, the argument may be to determine whether a witness is competent
to give evidence or whether a confession was properly obtained. This argument
cannot be reported at least until the matter has finally been disposed of, including
any appeal.
•
Any previous convictions of the accused should not be published or reported
before the verdict is delivered at the conclusion of a trial.
•
Any confession of an accused should not be published before it has been read or
discussed in open court.
•
Save for evidence given in open court, the evidence of likely witnesses should not
be published before the trial.
•
Charges outstanding here or elsewhere, such as in another country or State,
should not be published or reported.
•
Security arrangements of which the jury would not be aware should not be
published or reported before completion of the trial.
•
Other unrelated prejudicial information about an accused should not be published
or reported shortly before or during the accused trial before a jury. An accused
coming before a jury in the near future may be arrested and charged with new
and unrelated charges. Media representatives should be alert to this possibility
and check when an accused is coming up for trial so as to avoid inadvertent
prejudice to an accused.
18
Media Reporting
Contempt of Court
Contempt is a criminal offence and a person found guilty of contempt may suffer a
fine or gaol term. The main categories of contempt are: the sub judice rules where
there is a substantial risk that media reports may prejudice proceedings and a
person’s right to a fair hearing and/or trial; and behaviour which may interfere with
the administration of justice.
Suppression Orders
A Judge or Magistrate may make a suppression order prohibiting the publication
outside the courtroom of all, or some, of the court proceedings in the interest of the
administration of justice.
Suppression orders are currently emailed to various media organisations. However, it
is the responsibility of the media organisation to ensure any suppression order is not
breached. The onus is on the media representative to check whether a suppression
order exists prior to reporting on cases. A breach of a suppression order may
constitute contempt of court.
A Suppression Order Register is available for viewing at the Sheriff’s Office and all
Criminal Registries throughout the Northern Territory.
Laws which restrict publication
The media is prohibited by law from reporting certain matters and/or identifying
certain parties.
The following list may not be comprehensive and media
representatives should exercise caution and seek their own legal advice.
Evidence
Section 57 of the Evidence Act allows a court to prohibit the publication of evidence
and the names of parties and witnesses. An order may be made under this section
by the Judge or Magistrate who may specify particulars that may not be published.
Disclosure of Child’s identity
Section 301 of the Care and Protection of Children Act (NT) makes it an offence to
publish any material that may:
• identify a child and who is in the Chief Executive Officer’s care for whom an
application for a temporary protection order, assessment order or protection order
has been made;
• involved (whether as a victim or not) in a sexual offence;
• alleged to have been involved in a sexual offence.
19
Media Reporting
Sexual Assault
Sections 6 and 7 of the Sexual Offences (Evidence and Procedure) Act prohibits the
publication of the complainant’s and/or defendant’s identity. This includes the name,
address, school or place of employment or any other information likely to lead to the
identification of the complainant/defendant.
An order may be made under s6 and/or s7 by the Judge/Magistrate specifying
particulars that may be published.
Youth Court
Under s50 of the Youth Justice Act, a Court may make a suppression order
prohibiting the publication of information relating to proceedings in the Court or the
result of proceeding against a youth before the Court.
Adoptions
Section 71 of the Adoption Act restricts the identification of parties. A person shall
not, in relation to the adoption of a child, publish or distribute, or cause to be
published or distributed, by any means whatsoever, the name, address or other
matter reasonably likely to enable the identification of a person who intends to adopt
a child, a child who is available for adoption or the parent or guardian of such a child.
Adult Guardianship
Section 26 of the Adult Guardianship Act restricts the publication of particulars of a
case under this Act.
If publication is in the public interest the Court may determine that a person may
publish or broadcast a report of the proceedings subject to the non-publication of the
names of the parties in the case.
20
General Information
General Information
Security
Whilst in the Court media representatives must comply with the Court’s security
arrangements. This will involve passing through a metal detector upon entry and
having bags, wallets etc screened.
Parking
Public parking is not provided at any of the Courts.
Smoking
Smoking is not permitted in any of the court buildings. Courts are smoke free zones.
Emergency procedures
In the event of an emergency requiring the evacuation of a courtroom or courthouse,
follow the instructions of designated Court Officers.
21
Supreme Court Judges
Supreme Court Judges
Current Judges
Chief Justice
The Hon Justice Trevor John Riley
Judges
The Hon Justice Dean Mildren RFD
The Hon Justice Stephen Roger Southwood
The Hon Justice Judith Clair Kelly
The Hon Justice Jenny May Blokland
The Hon Justice Peter Martin Barr
Additional Judges
The Hon Justice John Edward Reeves
The Hon Justice John Ronald Mansfield AM
The Hon Justice Brian Martin
Acting Judges
The Hon Justice Howard William Olney AM
The Hon Justice Leslie Trevor Olsson AO MBE RFD ED
Master
Mr Vincent Luppino
Forms of Address
Chief Justice
Judges
Master
Title
The Honourable Chief Justice
The Honourable Justice
Master
22
Salutation
Dear Chief Justice or Dear Judge
Dear Justice or Dear Judge
Dear Master
Supreme Court Practice Directions
Supreme Court Practice Directions
Practice Direction No 13 of 2001 - Public access to Civil jurisdiction court
files.
1.
Whether to permit an inspection of the court files or any part thereof is at the
discretion of the Registrar or the Master.
2.
In respect of any documents not included in the following list, or where
Registry staff are unsure, the request for inspection is to be referred to the
Registrar or the Master for determination.
Subject to the above, the following documents filed in the civil registry of the Court
are available for search by the general public:
1.
Pleadings
•
Originating process
•
Statement of Claim
•
Defence
•
Reply
•
Request for further and better particulars
•
Further and better particulars
•
Counterclaim
•
Defence to counterclaim
•
Contribution notice
•
Third party notice
•
Amended pleadings
•
Book of pleadings
2.
Appearances etc
•
Appearance
•
Conditional appearance
•
Appearance to counterclaim
•
Notice of acting
•
Notice of ceasing to act
•
Notice of change of address for service
3.
4.
Concluded interlocutory applications
•
Summonses which have been dealt with
(Note: affidavits in support of summonses which have been dealt with are to be
referred to the Registrar or Master for determination)
Listing of matters
•
Counsel’s certificate
•
Subpoena
•
Notice of dispute
•
Notice to admit
23
Supreme Court Practice Directions
5.
Transcript
•
Transcript of proceedings in open court
•
Report of listing
•
Report of callover
•
List of exhibits
6.
Directions/orders
•
Notices under Rule 48
•
Minutes of order
•
Orders
•
Judgments
•
Reasons for judgment
•
Rulings
•
Certificate of Master
•
Terms of settlement
7.
Notices of appeal
8.
Execution
•
Warrant of Seizure and Sale
•
Warrant of Possession
9.
Miscellaneous
•
Affidavit of service
•
Notice of discontinuance
The following documents are not available for public search:
1.
Current interlocutory applications
•
Interlocutory summonses which have not been dealt with or have been
adjourned.
•
Affidavits in support of interlocutory summonses or which have not been
dealt with or have been adjourned.
2.
Discovery
•
Lists of documents.
•
Notice to produce.
3.
Interrogation
•
Interrogatories.
•
(Answers to interrogatories are to be referred to the Master or Registrar
for determination)
4.
Any document the court orders remain confidential.
5.
Any evidentiary material that has not been received into evidence.
31 January 2001
24
Supreme Court Practice Directions
Practice Direction No 4 of 2007 – Preparation of Transcript
In order to avoid confusion as to the preparation of transcripts, the following
directions are given:
1.
Subject to paragraph 5 of this Practice Direction, in the criminal jurisdiction the
only transcripts that will be transcribed automatically are as follows:
(i)
Evidence and submissions during jury trials, including proceedings after
the trial has commenced in the absence of the jury such as
submissions, reasons for decisions delivered orally, voir dires, Basha
enquiries and special hearings.
(ii)
Reasons for sentence.
2.
In particular, in criminal trials, the transcript of opening and closing addresses
and the summing up will not be transcribed automatically.
3.
If an appeal against conviction is filed, the summing up will be transcribed.
4.
Subject to paragraph 5 of this Practice Direction, in the civil jurisdiction no
transcripts will be transcribed automatically.
5.
In the appellate jurisdiction, oral extempore reasons for decision will be
transcribed automatically.
6.
Subject to an order of a Judge or the Master to the contrary, transcripts not
automatically transcribed will be provided on request at the cost of the person
making the request.
7.
Transcripts not automatically transcribed and sought without payment of a fee
will only be transcribed by order of a Judge or the Master.
2 July 2007
25
Supreme Court Practice Directions
Practice Direction No 2 of 2010 – Access to the Court Building,
Judgments, Exhibits and Files by the public or the media and other
matters
Access to Judgments and Sentencing Remarks
1.
Where a member of the media is interested in obtaining a copy of a judgment or
sentencing remarks about to be delivered, the reporter should advise the Courts
Liaison and Education Officer at least 24 hours prior to the judgment being published or
the sentence being handed down, requesting a copy at the time of publication.
2.
The Courts Liaison and Education Officer, on receiving a request under paragraph 1 is
to advise the Judge’s Associate of the request and of the number of extra copies
required for the media.
3.
Upon receipt of the request from the Courts Liaison and Education Officer:
4.
(a)
The Judge shall consider the request and advise if the copies requested will be
made available.
(b)
If the judgment or sentencing remarks are to be delivered ex tempore, the
Judge’s Associate shall advise the Courts Liaison and Education Officer
accordingly and request Court Reporting to prepare the transcript or sentencing
remarks urgently.
(c)
Each Judge shall settle the transcript of a judgment or sentencing remarks
delivered ex tempore as soon as is reasonably practical. If possible, the settled
transcript should be posted on the Court’s website on the same day.
In the case of appeals from the Local Court or Court of Summary Jurisdiction, or orders
in the nature of administrative review, the Judge’s Associate is to forward a copy of the
judgment or transcript of the judgment/sentencing remarks to the Magistrate and to the
Chief Magistrate by fax, email or other means as soon as possible.
Access to Exhibits
5.
Exhibits are not part of the records of the Court and are not available for inspection
without the permission of the Court.
6.
Permission to access exhibits must be sought through the Courts Liaison and
Education Officer, who will convey the request to the Associate of the trial Judge or if
he or she is not available to the Chief Justice’s Associate.
7.
Whether or not access will be given to exhibits is in the discretion of the Court.
8.
In exercising this discretion, the Court will consider all of the circumstances, including:
(a)
the public interest in granting or refusing access;
(b)
whether the exhibit is likely to offend public decency;
(c)
whether the exhibit contains material which is not able to be disclosed by reason
of a statutory restriction on disclosure or a court order;
26
Supreme Court Practice Directions
(d)
whether the exhibit ought to remain confidential for any other reason, for
example, because it may contain confidential financial information which could be
used by a business competitor, or private information which could be used for an
improper or illegal purpose such as identity theft;
(e)
whether the exhibit needs to be edited before it is released;
(f)
whether or not conditions should be attached to the permission to be granted
and, if so, what conditions.
9.
Copies of exhibits will not be made available, even if access is granted, unless the
Court approves of the making of a copy or copies.
10.
Whether or not copies will be permitted is in the discretion of the Court.
11.
In exercising this discretion, the Court will consider all of the circumstances including:
(a)
whether the exhibit is subject to copyright and, if so, whether permission has
been obtained from the owner of the copyright;
(b)
all of the factors relevant to the exercise of the discretion to grant access;
(c)
the cost of copying the exhibit and if the applicant is prepared to meet those
costs.
Access to the Court’s Files
Criminal Trials – Access Prior to Conviction
12.
Access to the Court’s criminal files is governed by Rule 81A.39 (criminal files) and by
s 428 and s 439 of the Criminal Code.
13.
Only the parties interested in a criminal matter are entitled to access the Court’s
criminal files and access is limited to the record of the Court (which is defined by
Rule 81A.39) or to depositions (s 439).
14.
Prior to conviction, the Court will not usually grant access to the Court’s criminal file to
a non-party.
15.
Access to the Court’s criminal file prior to conviction may be granted by a Judge upon
application to the Court being made to the Courts Liaison and Education Officer, who
will convey the request to the Judge’s Associate.
16.
Whether or not access is granted is in the discretion of the Court.
17.
In exercising the discretion, the Court will have regard to the public interest and, in
particular, the reasons why access is requested and all of the circumstances of the
case including the stage at which proceedings have reached.
18.
Except in exceptional circumstances, access by a non-party will be limited to:
(a)
the indictment; and
(b)
any orders made by the Court.
27
Supreme Court Practice Directions
Criminal Trials – Access Subsequent to Conviction
19.
An application for access to the Court’s criminal file after conviction by a person not a
party may be made to the Courts Liaison and Education Officer who shall convey the
application to the Associate of the trial Judge, or, if he or she is not available, to the
Chief Justice’s Associate.
20.
Access may be granted or refused in the discretion of the Court.
21.
In granting or refusing access, the Court will have regard to the public interest; the
reasons for the request; and what documents are sought. As a general rule, only
documents which form part of the records of the Court as defined in Rule 81A.39 will
be available for access.
22.
Access will be refused in relation to any document or part thereof which the Court is
required by statute to keep confidential or which is subject to a Court order prohibiting
or restricting publication.
Civil Files
23.
Access to the Court’s civil files is governed by Rule 28.05 of the Supreme Court Rules.
A search fee is payable under the Supreme Court Regulations.
24.
Notwithstanding Rule 28.05, affidavits which have not been formally read in open Court
are not available for inspection by a person who is not a party or a solicitor for a party
to the action without the leave of the Court.
25.
When an affidavit has been formally read in open Court, the Associate of the Judge
hearing the proceedings shall note on the back sheet that the affidavit was formally
read in open Court before the Judge concerned and record the date.
26.
A file shall not be searched by a member of the public not a party or a solicitor for a
party without the prior approval of the Registrar. The Registrar shall remove from the
file all documents which are not available for search until the search is completed.
27.
Offers of compromise which have been filed are not available for search by any person
not a party or a solicitor for a party to the action.
28.
An application for leave may be made to the Court by application in writing to the
Courts Liaison and Education Officer who will convey the application to a Judge.
29.
The Court may grant or refuse the application in its absolute discretion.
30.
In exercising its discretion, the Court will consider all of the circumstances including:
(a)
the public interest in granting or refusing access;
(b)
whether or not the material sought to be searched contains libellous material or
information which the Court considers should remain confidential to the parties;
and
(c)
whether or not the material sought to be searched is the subject of a statutory
restriction, rule of Court or Court order preventing disclosure.
28
Supreme Court Practice Directions
Review of Applications for Access
31.
No reasons are required to be given if access to a document or file or part of document
or file is refused.
32.
A person who has been refused access to a document or Court file may apply to the
Court by Originating Motion for an order granting access.
33.
An application under paragraph 32 shall be heard by the Court as a hearing de novo.
Suppression Orders
34.
35.
A party to a proceeding, whether criminal or civil, who intends to make an application to
the Court for a suppression order shall:
(a)
Give notice of the precise order sought, including the title of the proceedings and
the action number supported by an affidavit setting out the grounds of the
application.
(b)
File the application and supporting affidavit in the Registry at least 48 hours
before the order is sought.
(c)
Serve the application and supporting affidavit on all other parties at least 48
hours before the order is sought.
(d)
Unless the Court otherwise orders, an affidavit in support of the application is not
available for search by a non-party.
(e)
The application (but not the affidavit) is also to be served on the Courts Liaison
and Education Officer to distribute to the media.
(f)
Any member of the media has the right to intervene and be heard in opposition to
the making of the order.
(g)
The Court may order that the whole or some part of the affidavit in support of the
application may be supplied to the media on such terms as the Court considers
just.
(h)
An application by the media may be heard notwithstanding that the Court is
closed whether under s 27 of the Misuse of Drugs Act or otherwise.
(i)
If a suppression order is made:
(i)
the Judge’s Associate shall provide a copy of the order to the Courts
Liaison and Education Officer for distribution to the media; and
(ii)
the Court may order that the reasons for the making of the order not be
published either in whole or in part beyond the parties or the media heard in
opposition to the order, if it is necessary to do so in the interests of justice.
Notwithstanding non-compliance with clause 34, the Court, in its discretion, may
nevertheless make a suppression order if it is necessary to do so in the interests of the
administration of justice and is otherwise authorised by law.
29
Supreme Court Practice Directions
Use of Cameras or Recording Equipment in Court
36.
The use of cameras or recording equipment in the precincts of the Courthouse or in
courtrooms is forbidden unless prior approval is given by the Court.
37.
An application may be made to the Court to record a proceeding or part of a
proceeding by lodging an application to the Courts Liaison and Education Officer, who
will refer the application to the Court.
38.
The Court may either refuse the application or grant the application on any terms it
sees fit.
Applications to Use Court Facilities
39.
Applications to the Court for use of the Court building or facilities are to be made on the
appropriate form available from the Sheriff’s office or from the Courts Liaison and
Education Officer to the Courts Liaison and Education Officer who will refer the
application to a Judge for approval.
40.
As a matter of policy, the following applications will generally be refused:
41.
(a)
applications to conduct a wedding reception in the Court building;
(b)
applications to use any of the Court’s facilities or premises for a profit-making
enterprise; and
(c)
applications to use any of the Court’s facilities or premises at which a charge will
be made, either directly or indirectly, to those attending.
Save in exceptional circumstances applications to use a Courtroom to conduct a
hearing whether by another Court or a Tribunal will not be approved.
Applications to the Courts Liaison and Education Officer
42.
Where an application is required to be made to the Courts Liaison and Education
Officer, it may be made by telephone, facsimile or email.
Any supporting
documentation must be either faxed or emailed. Contact details for the Courts Liaison
and Education Officer are:
Ms Malika Okeil
Telephone: (08) 8999 5295
Mobile:
0402 084 861
Fax:
(08) 8999 5512
Email:
[email protected]
43.
If the Courts Liaison and Education Officer is not available enquiries may be made to
the Sheriff.
30
Supreme Court Media Access Application Form
Northern Territory Supreme Court
MEDIA APPLICATION FOR ACCESS TO COURT EXHIBITS
Access will only be granted to exhibits when the Court specifically grants access pursuant
to Practice Direction No 2 of 2010. The media can request access to exhibits which have
been tendered to the Court.
Once access has been granted by the Court, exhibits can be viewed and/or copied1 but
cannot be taken from the Court. If vision footage (e.g. CCTV) is requested, it will be
provided in the same format as provided to the Court.
Court Support Services staff will arrange any viewing, copying at their convenience.
Applicant’s Name:
Media Organisation:
Phone (w):
Mobile:
Email:
I would like to apply for access to (e.g. documents, footage, photographs):
Contained in the file relating to the matter of:
Parties/defendant:
File Number:
Heard by:
For the purpose of (e.g. viewing, copying, photographing):
Date:
Signed:
Please return this form to:
Granted / Not granted
Malika Okeil (or Sheriff)
Courts Liaison and Education Officer
Email: [email protected]
Phone: 08 8999 5295
Mobile: 0402 084 861
Fax:
08 8999 5512
Signed: ____________________
(on behalf of)
Date:
1
/
/201
Copying charges may apply
The media are reminded that it is their legal responsibility to ensure that suppressed material is not published.
31
Magistrates Courts
Magistrates Courts
Chief Magistrate
Ms Hilary Hannam
Magistrates
Darwin
Dr John Allan Lowndes
Mr Daynor Wilmot Easom Trigg
Mr Richard Johnston Wallace
Mr Gregory Raymond Cavanagh
Mr Michael James Carey
Ms Suzanne Frances Oliver
Ms Tanya Fong Lim
Ms Elizabeth Jane Morris
Alice Springs
Mr John William Arthur Birch
Mr David Bamber
Mr Gregory Mark Borchers
Mr John Michael Roberts Neill
Katherine
Mr Gregory Francis Smith
Coroner
Mr Gregory Raymond Cavanagh
Forms of Address
Chief Magistrate
Magistrates
Coroner
Title
Chief Magistrate
Dr/Mr/Ms
Coroner
Salutation
Dear Chief Magistrate
Dr/Mr/Ms
Dear Coroner
32
Magistrates Courts Practice Directions
Chief Magistrate’s Practice Directions
Magistrates Courts
Practice Direction No 2 of 2011 – Access to Exhibits by non-parties in the
Magistrates Courts of the Northern Territory
The following Practice Direction is issued pursuant to section 21 of the Local Court Act,
section 201A of the Justices Act and section 95 of the Workers Rehabilitation and
Compensation Act and will apply from the date of issue.
Background
There is currently no Practice Direction governing access to exhibits to non-parties (including
media) in any of the Magistrates Courts. It is timely and appropriate for a Practice Direction
to be issued governing the access to exhibits in all of the Magistrates Courts to ensure that a
consistent practice is followed throughout the Magistrates Courts in the Northern Territory of
Australia.
1.
Exhibits are not part of the records of the Court and are not available for inspection
without the permission of the Court.
2.
Permission to access exhibits must be sought from the presiding Magistrate through
the Courts Liaison and Education Officer by means of the application attached to this
Practice Direction. The application can also be downloaded from the Court’s website.
3.
Whether or not access will be given to an exhibit is in the discretion of the Magistrate.
4.
In exercising this discretion, the Magistrate will consider all of the circumstances
including:
(a)
(b)
(c)
(d)
(e)
(f)
the public interest in granting or refusing access;
whether the exhibit is likely to offend public decency;
whether the exhibit contains material which is not able to be disclosed by
reason of law or a Court order;
whether the exhibit ought to remain confidential for any other reason;
whether the exhibit needs to be edited before it is released;
whether or not conditions should be attached to the permission to be granted
and, if so, what conditions.
5.
Copying of exhibits will not be permitted, even if access is granted, unless the
Magistrate in the exercise of his or her discretion approves.
6.
In exercising this discretion, the Magistrate will consider, in addition to the matters set
out in paragraph 4, all of the circumstances, including:
(a)
(b)
whether the exhibit is subject to copyright and if so, whether permission has
been obtained from the owner of the copyright;
the cost of copying the exhibit and if the applicant is prepared to meet those
costs.
Hilary Hannam
Chief Magistrate
6 May 2011
33
Magistrates Courts Practice Directions
Practice Direction No 3 of 2011 – Access to Criminal Files, Court of
Summary Jurisdiction and Youth Justice Court.
This Practice Direction is made pursuant to section 201A of the Justices Act and section 53
of the Youth Justice Act and will apply from the date of issue.
Background
The previous Practice Direction governing access to Magistrates Courts criminal files was
rescinded on 20 April 2010. This Practice Direction replaces all previous Practice Directions
relating to criminal files.
1.
2.
Access by Parties
1.1
Parties to a criminal matter are entitled to access and copy any document on file
not specifically covered by this Practice Direction.
1.2
A party may view but not take a photocopy of a transcript. Pursuant to section 13
of the Records of Depositions Act, a transcript will be provided upon payment of
the prescribed fee. Pursuant to section 14, a person who has been committed for
trial or sentence for an indictable offence is entitled to a copy of the transcript or
the record free of charge.
1.3
A party may not view or copy documents produced on summons without an order
of a Magistrate.
1.4
A party may not have access to the bench sheets, the Court file cover or
correspondence without leave of a Magistrate.
1.5
A party may not have access to notes of the Magistrate or Court staff.
Access by a Non-Party
2.1
Prior to a finding of guilt, access will not usually be granted to any part of a
criminal file to a non-party.
2.2
Access to the Court file at any stage may be granted by a Magistrate in the
exercise of his or her discretion upon written application to the Registry setting out
reasons for the request.
2.3
In exercising the discretion, the Magistrate will have regard to the public interest
and, in particular, the reasons why access is requested and all of the
circumstances of the case, including the stage at which the proceedings have
reached.
2.4
Access will be refused in relation to any document or part of a document which
the Court is required by law to keep confidential or which is subject to a Court
order prohibiting or restricting publication.
2.5
A non-party may view but not take a copy of the transcript. A non-party may
make application under section 13 of the Records of Dispositions Act and in
accordance with section 13 (2) must provide good reason for being furnished with
a copy and pay the prescribed fee.
Access to Exhibits is governed by Practice Direction No. 2 of 2011.
Hilary Hannam
Chief Magistrate
6 May 2011
34
Magistrates Courts Practice Directions
Court of Summary Jurisdiction
Practice Direction No 10 – Child in Need of Protection, Restriction on
publication of Children’s Names – Procedure to be followed
The following Practice Direction is issued pursuant to s 21 of the Justices Act and will
apply from the commencement of Part 2.3 Care and Protection of Children Act (NT).
Background
The Care and Protection of Children Act (NT) has created a regime necessitating
more care to be taken generally to ensure a child who may be subject to an
investigation or protection order under the Act is not identified.
Restrictions on publication
Section 97 Care and Protection of Children Act (NT) makes it an offence to publish a
report of any proceeding or the results of any proceeding if that publication has not
been authorised by the Court or any law in force in the Territory.
Section 301 of the Care and Protection of Children Act (NT) makes it an offence to
publish any material that may identify someone who is a child in the Chief Executive
Officer’s care, or for whom application for care has been made or is the subject of a
Temporary Protection Order, Assessment Order or is involved or alleged to be
involved in a sexual offence (whether as a victim or otherwise). The publication is
allowed if authorised under the Care and Protection of Children Act (NT) or any other
law in force in the Territory. There is no specific exception for those people who
publish the protected details in performance of their functions under the Care and
Protection of Children Act (NT).
Procedure
Representatives appearing in a matter in the Court of Summary Jurisdiction that may
possibly involve the identification of a child in need of protection should alert the court
staff prior to commencement of proceedings that s 301 Care and Protection of
Children Act (NT) may apply and the Court may need to be closed. If it becomes
apparent that the representative was wrong about the possibility of identification then
it is within the discretion of the Magistrate to re- open the court.
If it becomes apparent during a proceeding that s 301 may apply the representative
should bring s 301 to the attention of the Magistrate as soon as possible.
24 November 2008
35
Magistrates Courts Practice Directions
Court of Summary Jurisdiction
Practice Direction No 11 – Access to Magistrates Court files (Domestic
Violence)
Background
The following practice direction, governing access to Domestic Violence files
by parties and members of the public, is issued pursuant to section 201A of
the Justices Act and will apply from the date of this practice direction.
This practice direction rescinds the practice direction dated 19 January 2004.
Whether to permit access remains in the discretion of the Registrar at all
times.
In respect of any documents not included in this practice direction, or where
staff are unsure, the matter is to be referred to the Registrar for determination.
Access by party
a)
A party may view and take a copy of:
• Applications
without
contact
details
applicant/protected person;
• Orders;
• Affidavits of service or declarations of service.
of
the
b)
A party may view transcript but NOT take a photocopy of it.
(Pursuant to section 13 of the Records of Depositions Act,
parties may apply in writing for a copy of the transcript and,
upon payment of the prescribed fee, a copy will be
provided.)
c)
A party may NOT have access to the following documents:
• file notes (written by staff or Magistrates;
• bench sheets;
• the court file cover, without leave of the Registrar;
• subpoenaed documents or other documents not yet in
evidence, without an order of the Registrar or Magistrate;
• affidavits not yet in evidence or relied upon, without an
order of the Registrar or Magistrate;
• Correspondence, without leave of the Registrar or
Magistrate. (Access by parties to the correspondence
section of a court file is generally denied. However, in
some cases it may be appropriate for a party to view
correspondence from another party to the court. Parties
36
Magistrates Courts Practice Directions
seeking to view correspondence should make a request
to the Registrar.)
d)
If a document names a child as a protected person.,
witness or who is otherwise mentioned as likely to be
involved in the proceedings, that child’s name and details
shall be obscured from any inspection of that document.
In dealing with this provision, the Registrar shall ensure the
document accessed by a party does not infringe section
123 (Publication of names and identifying information
about children) of the Act.
Access by non-party
A non-party may NOT view or take a copy of any documents on the court file
without an order of the court.
A.
For the purposes of this practice direction, a non-party is any
person who is not the applicant, protected person, defendant, legal
practitioner for a party or police officer/legal practitioner responsible
for the prosecution of the application before the Court.
Procedure
• documents and files cannot be removed from the Registry;
• access to a document or file shall be subject to a search fee;
• access to a document or file must be undertaken in the
presence of the Registrar or delegated Court Officer;
• photocopying of a document is to be done by court staff
only and will be charged at the prescribed fee in item 4(b)
of the Local Court Regulations.
29 April 2010
37
Magistrates Courts Practice Directions
Youth Justice Court
Practice Direction No 4 – Child in need of care – Restriction on
publication of children’s names – procedure to be adopted.
The following practice direction is issued pursuant to 21 of the Justices Act read with
s 53 Youth Justice Act and will apply from the commencement of Part 2.3 Care and
Protection of Children Act (NT).
BACKGROUND
The Care and Protection of Children Act (NT) has created a regime necessitating
more care to be taken generally to ensure a child who may be subject to an
investigation or protection order under the Act is not identified.
Restrictions on publication
Section 97 Care and Protection of Children Act (NT)) makes it an offence to publish a
report of any proceeding or the results of any proceeding if that publication has not
been authorised by the Court or any law in force in the Territory
Section 301 Care and Protection of Children Act (NT) makes it an offence to publish
any material that may identify someone who is a child in the Chief Executive Officer’s
care, or for whom application for care has been made or is the subject of a
Temporary Protection Order, Assessment Order or is involved or alleged to be
involved in a sexual offence (whether as a victim or otherwise. The publication is
allowed if authorised under the Care and Protection of Children Act (NT) or any other
law in force in the Territory. There is no specific exception for those people who
publish the protected details in performance of their functions under the Care and
Protection of Children Act ((NT).
PROCEDURE
Representatives appearing in a matter in the Youth Justice Court that may possibly
involve the identification of a child in need of protection should alert the court staff
prior to commencement of proceedings that s 301 Care and Protection of Children
Act (NT) may apply and the Court may need to be closed. If it becomes apparent that
the representative was wrong about the possibility of identification then it is within the
discretion of the Magistrate to re- open the court.
If it becomes apparent during a proceeding that s 301 may apply the representative
should bring 301 to the attention of the Magistrate as soon as possible.
If the Court is of the view that a report is required pursuant to 51 Youth Justice Act
then the Court shall be closed prior to that order being made.
24 November 2008
38
Magistrates Courts Practice Directions
Work Health Act
Practice Direction No 9 – Access to Magistrates’ Court files (Work
Health)
The following practice direction, to govern access to Work Health court files by
parties and members of the public, is issued pursuant to section 95 of the Work
Health Act and will apply from the date of this practice direction.
This practice direction rescinds the practice direction dated 24 June 1996.
Access by party:
a)
b)
c)
.
.
.
.
a party may view and take a photocopy of any document on file not specifically
covered by this practice direction.
a party may view transcript but NOT take a photocopy of it. (Pursuant to
section 13 of the Records of Depositions Act, parties may apply in writing for a
copy of the transcript and, upon payment of the prescribed fees, a copy will be
provided.)
a party may NOT have access to the following documents:
file notes (written by staff or magistrates)
bench sheets
subpoenaed documents or other documents not yet in evidence, without an
order of the Registrar or a Magistrate
correspondence, without leave of the Registrar or a Magistrate. (Access by
parties to the correspondence section of a court file is generally denied.
However, in some cases it may be appropriate for a party to view
correspondence from another party to the court. Parties seeking to view
correspondence should make a request to the Registrar.)
Access by non-party:
The Court reserves the right, to be exercised by the Registrar, to require a non-party
requesting access to a file to give a justification, either written or oral, for their
request.
Whether to permit access remains in the discretion of the Registrar at all times.
In respect of any document not included in the practice direction, or where staff are
unsure, the matter is to be referred to the Registrar for determination.
a)
a non-party may view and take a photocopy of –
1.
Pleadings
• application/statement of claim
• answer
• request for further and better particulars; further and better particulars
• notice of addition of another employer; notice of order of adding another
employer; notice to added employer
39
Magistrates Courts Practice Directions
2.
Representation
• notice of address for service; notice of change of address for service
• notice of acting; notice of ceasing to act; notice of change of solicitor
3.
Listing of matters
• notice of s106 conference
• notice of hearing
• summons to witness
4.
Concluded applications
5.
Orders
• orders
• orders/judgments
• reasons for decision
• notice of recording of memorandum of agreement; recorded memorandum
of agreement; notice of direction by court not to record a memorandum of
agreement or to record it upon terms
6.
Notice of appeal
7.
Enforcement
• .section 97(2) or (2A) certificate
• .certificate of taxation
8.
Miscellaneous
• affidavit of service
• notice of discontinuance
a)
A non-party may view transcript but NOT take a photocopy of it.
(Pursuant to section 13 of the Records of Depositions Act, parties may
apply in writing for a copy of the transcript and, upon payment of the
prescribed fees, a copy will be provided.)
b)
A non-party may view exhibits but NOT take a photocopy without an
order of the presiding magistrate.
c)
A non-party may NOT have access to the following documents:
1.
affidavits in support of concluded interlocutory applications, without an
order of the Registrar or a magistrate;
current applications;
• interlocutory application in respect of which a decision has not been
given
• affidavits in support of interlocutory applications in respect of which
a decision has not been given.
Discovery
• list or affidavit of documents
2.
3.
40
Magistrates Courts Practice Directions
•
4.
5.
6.
7
notice to produce
Interrogatories
• interrogatories
• answers to interrogatories, without an order of the Registrar or a
magistrate
Any documents that the court orders remain confidential
Evidentiary material (including medical reports) that has not been
considered by the court, such as subpoenaed documents or other
documents not yet in evidence.
Correspondence, file notes (written by magistrates or staff), bench
sheets
Procedures:
•
•
•
•
Documents and files cannot be removed from the registry.
Access to a document or file may be subject to a search fee.
Copying costs are to be borne by the person copying the documents.
Photocopying by court staff will be charged at the prescribed fee in item (4)(b)
of the Local Court Regulations.
19 January 2004
41
Magistrates Courts Practice Directions
Local Court Act
Practice Direction No 18 – Access to Magistrates’ Court files
The following practice direction, governing access to Local Court files by parties and
members of the public, is issued pursuant to s21 of the Local Court Act and will apply
from the date of this practice direction.
This practice direction rescinds the practice direction dated 24 June 1996.
Access by party:
a)
A party may view and take a photocopy of any document on file not
specifically covered by this practice direction.
b)
A party may view transcript but NOT take a photocopy of it. (Pursuant to
section 13 of the Records of Depositions Act, parties may apply in writing
for a copy of the transcript and, upon payment of the prescribed fees, a
copy will be provided.)
c)
A party may NOT have access to the following documents –
• file notes (written by staff or Magistrates)
• bench sheets
• subpoenaed documents or other documents not yet in evidence, without an
order of the Registrar or a Magistrate
• correspondence, without leave of the Registrar or a Magistrate
• (Access by parties to the correspondence section of a Court file is generally
denied. However in some cases it may be appropriate for a party to view
correspondence from another party to the Court. Parties seeking to view
correspondence should make a request to the Registrar.)
Access by non-party:
Access by non-parties is governed by s12(3) of the Local Court Act which restricts
access to orders only (interlocutory and final orders).
Procedure:
• Documents and files cannot be removed from the Registry.
• Access to a document or file is subject to a search fee.
• Copying costs are to be borne by the person copying the documents.
Photocopying by Court staff will be charged at the prescribed fee in item (4)(b)
of the Local Court Regulations.
19 January 2004
42
Magistrates Courts Practice Directions
Local Court Act
Practice Direction No 27 – Child in Need of Protection – Restriction on
publication of Children’s Names – Procedure to be adopted
The following Practice Direction is issued pursuant to section 21 of the Local Court Act and
will apply from the commencement of Part 2.3 Care and Protection of Children Act (NT).
Background
The Local Court has been given the jurisdiction to deal with children in need of protection
pursuant to the provisions of the Care and Protection of Children Act (NT). The Family
Matters Court created under the Community Welfare Act has ceased to exist and all matters
regarding child protection will be dealt with in the Family Matters jurisdiction of the Local
Court.
Restrictions on publication
Section 97 of the Care and Protection of Children Act (NT) makes it an offence to publish a
report of any proceeding or the results of any proceeding if that publication has not been
authorised by the Court or any law in force in the Territory.
Section 301 of the Care and Protection of Children Act (NT) makes it an offence to publish
any material that may identify someone who is a child in the Chief Executive Officer’s care,
or for whom application for care has been made or is the subject of a Temporary Protection
Order, Assessment Order or is involved or alleged to be involved in a sexual offence
(whether as a victim or otherwise). The publication is allowed if authorised under the Care
and Protection of Children Act (NT) or any other law in force in the Territory. There is no
specific exception for those people who publish the protected details in performance of their
functions under the Care and Protection of Children Act (NT).
PROCEDURE
1.
All proceedings in the Family Matters jurisdiction of the Local Court shall be in closed
Court and the names of parties will not be published on the Court list; reference will
only be made to the file number and the court room in which it is to be heard.
2.
Parties are required to wait outside the courtroom until called. The matter will be
called by the court officer by reference to the file number only. Practitioners should
assist the court officer to identify family members in relation to each matter to avoid
confusion of unrepresented parties.
3.
Representatives appearing in a matter in the Local Court (other than the Family
Matters jurisdiction) that may possibly involve the identification of a child in need of
protection should alert court staff prior to commencement of proceedings that s 301of
the Care and Protection of Children Act (NT) may apply and the Court may need to
be closed. If it becomes apparent that the representative was wrong about the
possibility of identification then it is within the discretion of the Magistrate to re-open
the Court.
4.
If it becomes apparent that s 301 may apply during a proceeding the representative
should bring s 301 to the attention of the Magistrate as soon as possible.
24 November 2008
43
Magistrates Courts Media Access Application Form
Northern Territory Magistrates Court
ACCESS TO COURT EXHIBITS BY NON-PARTIES
Access will only be granted to exhibits when the Court specifically grants access pursuant
to Magistrates Courts Practice Direction No 2 of 2011 - Access to exhibits by non-parties.
Once access has been granted by the Court, exhibits can be viewed and/or photocopied2,
if that permission has also been given, but cannot be taken from the Court.
Registry staff will arrange any viewing or copying at their convenience.
Applicant’s Name:
Media Organisation:
Phone (w):
Mobile:
Email:
I would like to apply for access to (e.g. document, footage, photographs):
Contained in the file relating to the matter of:
Parties/defendant:
File Number:
Heard by:
For the purpose of (e.g. viewing, copying, photographing):
Date:
Signed:
Please return this form to:
Granted / Not granted
Malika Okeil (or Registrar of the Court)
Courts Liaison and Education Officer
Email: [email protected]
Phone: 08 8999 5295
Mobile: 0402 084 861
Fax:
08 8999 5512
Signed: ____________________
(on behalf of)
Date:
2
/
/201
Photocopying charges may apply
The media are reminded that it is their legal responsibility to ensure that suppressed material is not published
44
Circuit Court Locations
Circuit Court Locations
Administered from the Darwin Court
• Alyungula (Groote Eylandt)
• Borroloola
• Daly River (Nauiyu)
• Galiwin’ku (Elcho Island)
• Gapuwiyak
• Jabiru
• Milikapiti (Snake Bay)
• Nguiu (Bathurst Island)h
• Nhulunbuy
• Numbulwar
• Oenpelli (Gunbalunya)
• Wadeye (Port Keats)
• Pirlingimpi (Garden Point)
• Maningrida
Administered from Alice Springs Court
• Ali Curung
• Docker River
• Elliot
• Hermannsburg
• Kintore
• Mutitjulu
• Papunya
• Tennant Creek
• Ti Tree
• Yuendumu
• Yulara
Administered from Katherine Court
• Barunga
• Beswick
• Kalkaringi
• Lajamanu
• Mataranka
• Ngukurr
• Timber Creek
Refer to Magistrates’ Court website for circuit calendars for each court region.
http://www.nt.gov.au/justice/ntmc/sitting_dates.shtml
45
Court Reporting Services
Court Reporting Services
Merrill Corporation Australia
(private contractors)
Level 6, Supreme Court Building
State Square
DARWIN NT 0800
General Manager NT:
Mr Wayne King
0413 052 784
email: [email protected]
Supreme Court – Darwin.
Office Manager:
Mr Mick Fox
Telephone:
(08) 8981 4424
Facsimile:
(08) 8941 1456
email: [email protected]
Magistrates Courts – Darwin.
Level 3, Nichols Place
Cnr Cavenagh & Bennett Streets
DARWIN NT 0800
Telephone:
Facsimile:
(08) 8999 6085
(08) 8999 7936
Law Courts Building – Alice Springs.
Law Courts Building
Parsons Street
ALICE SPRINGS NT 0870
Telephone:
(08) 8952 5388
Facsimile:
(08) 8952 5106
email: [email protected]
46
Reference Links
Reference Links
The following legislation and references cited in this document include:
Legislation (www.nt.gov/lant/hansard/hansard.shtml)
Adult Guardianship Act
Adoption Act
Alcohol Act
Care and Protection of Children Act (NT)
Coroner’s Act
Domestic Violence Act
Evidence Act
Justices Act
Land Acquisition Act
Lands, Planning and Mining Tribunal Act
Local Court Act
Local Court Regulations
Local Rules
Mental Health and Related Services Act
Misuse of Drugs Act
Records of Depositions Act
Sexual Offences (Evidence and Procedure) Act
Supreme Court Act
Supreme Court Regulations
Supreme Court Rules
Workers Rehabilitation and Compensation Act
Youth Justice Act
Websites
Supreme Court
Daily Court lists
Sentencing Remarks
Decisions
Court of Appeal and Criminal Appeal Decisions
Magistrates Court
Daily Court lists
Court Decisions
Coroner’s Court
Inquest findings and listings
Practice Directions and Almanac
Supreme Court Practice Directions
Magistrates Practice Direction
Law Almanac
Application Forms
Supreme Court Media Access Application form
Magistrates
Courts
Non-Parties
47
Application
form
Common Legal Terms
Common Legal Terms
Accused
Term for a defendant in a criminal case in a Supreme Court or Magistrates
Court.
Adjourned
When a case is adjourned the hearing of the case is put off to another time
or day.
Affidavit
A written statement in paragraph form that is sworn by the person who
makes the statement. It can sometimes replace the need for spoken
evidence.
Appeal
A process for requesting a formal change to a court decision (e.g. if you
receive an adverse judgment you have a right of appeal which means that
a higher Judge or a number of Judges will review your matter).
Arraignment
In jury trials, the bringing of an accused before the Court to answer a
charge/s. An arraignment consists of three steps: Calling the accused by
name; Reading the charges to the accused (see ‘indictment’); and asking
the accused whether they plead guilty or not guilty
Bail
The release from custody by officers of the law or the Court of an accused.
Security is usually a sum of money exchanged for the release as a
guarantee of the accused next court appearance.
Bar
The phrase ‘admitted to the bar’ means that a lawyer has become a
barrister.
Barrister
A barrister is a lawyer who prefers to appear in court. Barristers practise by
themselves but can share premises with other barristers. Those premises
are called ‘chambers’ and are often identified by the name of lawyers of
note. Barristers are often used to provide opinions and advice.
Callover list
A time set aside in higher courts for dates to be set for trials and return of
subpoenas.
Committal
A committal hearing determines whether there is sufficient evidence for the
accused to be placed on trial in the Supreme Court. If a Magistrate
considers that there is sufficient evidence the Magistrate will commit the
accused to stand trial in the Supreme Court.
Coroner’s
Inquest
An Inquest is a court hearing in which the Coroner hears evidence to assist
in determining the manner and cause of a death.
Date to be
fixed
A Judge or Magistrate may set a hearing on a matter but be unsure when it
should be held. In this case, the Judge or Magistrate will leave the date
open to be fixed by the Listing Registrar.
Default
Judgment
A judgment that is obtained without the Court hearing any evidence as to
the merits of the claim, e.g., when a party does not turn up to a court
hearing or conference, judgment can be entered against them.
48
Common Legal Terms
Defendant
The person (or entity) who is prosecuted by information or complaint in the
criminal jurisdiction, or the person (or entity) against whom a claim is made
in the civil jurisdiction.
Defence (or
Answer)
Words to describe the document that answers the document that starts a
legal action. It is also known as a response.
Discovery
Discovery is a process by which categories of documents are made
available for inspection by the other side. The documents must be relevant
to an issue in the case. The Court will order that the party gather together
relevant documents and make them available for the other party to inspect.
The documents thus ‘discovered’ are named or described in a ‘List of
Documents’.
Directions
Hearing
A directions hearing is an informal court appearance that will take place if a
dispute is not able to be resolved. A directions hearing is held to look at
the direction that the matter is heading in the courts and to discuss with the
parties their options to resolve the matter. The purpose is to discover the
position of each party and whether there is any possibility of settling any of
the issues. If the matter cannot be settled, it may be set down for mediation
or for a trial.
Evidence
Evidence is used to prove facts in a case. It can be spoken or written, and
sometimes includes objects, photos and documents. Sometimes court
evidence is taken from witnesses who appear via video link. Not all
evidence is allowable - the Court can decide that evidence is ‘inadmissible’,
which means that you will not be able to say or use it in court. The rules of
evidence are complex.
Ex parte
This means the person or party referred to is not present in court, but the
case proceeds.
Ex tempore
A legal term that means literally ‘at the time’.
Exhibits
Evidence in physical form brought before the Court (e.g. documents,
objects or electronic evidence such as CCTV, video footage, recording).
Ex officio
By virtue of his office, the Director of Public Prosecutions may, in
exceptional cases, file an ex officio indictment against a person and that
person must then stand trial in the normal manner in the Supreme Court.
For mention
only
This term is used in all Courts. It refers to sittings where the future of the
trial or hearing is discussed.
Hearing
A term referring to the time when the spoken/written evidence and legal
argument is presented in court.
Indictment
The formal written statement of a charge(s) presented at a trial of an
accused in the Supreme Court.
Informant
A person who provides information, usually to the Police.
49
Magistrates Courts Practice Directions
Initiating
document
Claims, Writs, Statements of Claim or Applications are all initiating
documents that initiate a legal action. Generally, the document sets out in
paragraph format the claim being made and the relief sought.
Interlocutory
A legal term which can refer to an order, sentence, decree, or judgment,
given at an intermediate stage between the commencement and
termination of a cause of action, used to provide a temporary or provisional
decision on an issue. Thus, an interlocutory order is not final and is not
subject to immediate appeal.
Interlocutory
Application
Any application made within a proceeding which does not require the Court
to make final orders in that proceeding e.g. if a party fails to do something
that is required by the Rules then a party can apply to the Court for an
order that the other party take that step.
Judge
A Judge is an officer of the Crown who sits to administer justice according
to law. Judges preside over the Supreme Court.
Judgment
A decision of the Court. It may be given verbally at the conclusion of the
hearing, in which case it may be known as ex tempore (‘at the time’, or ‘in
writing’). It may also be described as ‘Reasons for Decision’. Reasons for
Decision may be given some time after a judgment.
Leave to
Appeal
Jurisdiction
Seek Court’s permission to appeal.
Jury
A jury is a sworn body of people convened to render an impartial verdict (a
finding of fact) on a question officially submitted to them by a court.
Magistrate
A Magistrate presides in local courts with limited jurisdiction and Courts of
Summary Jurisdiction. Another term used is Stipendiary Magistrates.
My learned
friend
A term barristers and solicitors use for each other when appearing in court
– it is simply a term of respect.
Nolle
prosequi
A Latin word meaning ‘will not prosecute’. It is a formal entry in the records
of a criminal case in the Court that the Prosecutor is not willing to go any
further in the case. It simply means that the Prosecutor is withdrawing the
charges or claims against the accused.
Party,
Plaintiff,
Defendant
A party is one of the people or entities involved in the legal matter. Legal
matters are usually referred to by using the names of the parties, for
example Smith v Jones.
Generally refers to the extent of powers of a Court. Court systems are
established in each State and Territory as well as by the Federal
government. Each State and Territory has its own system and therefore its
own jurisdiction. Federal jurisdiction applies across all the States and
Territories.
A party who brings a claim is known as a plaintiff (or occasionally the
applicant) and a party against whom a claim is brought is known as a
defendant (or respondent). In an appeal, the person who lodges the appeal
is called the appellant and the other side is called the respondent.
50
Common Legal Terms
Practice
Direction
A Practice Direction is a supplemental protocol to Rules of civil and criminal
procedure in the Courts. Protocols provide practical advice on how to
interpret the Rules themselves.
Prisoner
A person who is in custody. He/She may have been refused bail but not yet
found guilty. The term is also used for a convicted person.
Remand
To commit a person to prison, or to release a person on bail, during a
period of adjournment of a hearing of a criminal charge. When a case is
adjourned the defendant is remanded.
Reserved
Decision
Following the hearing of a case the Judge may reserve the decision by
deferring giving the decision to a later date or time). Often the decision will
then be given in writing. This gives Judges time to consider all the issues in
the case. In urgent cases Judges may give an immediate judgment, but
reserve the reasons. This means they will give a written judgment with the
reasons at some time in the future.
Respondent
The party called to answer an application, or the opposing party to an
appeal.
Senior
Counsel (SC)
Senior Counsel are practitioners who have attained professional eminence
at the Bar, and they apply to be appointed ‘Senior Counsel’ (SC). In the
past, this appointment was known as ‘Queen’s Counsel’ (QC). In court, a
Senior Counsel wears a silk gown; this is why they are sometimes referred
to as ‘silks’.
Solicitor
A solicitor is usually a member of a legal firm or in a legal firm who can
appear in court, but who may choose not to do so on a regular basis. Some
solicitors are also called partners or associates depending on their seniority
in the legal firm.
Statement of
facts
This is the allegation of what happened at the crime scene. Unless the
statement has been tendered it is not evidence and cannot be quoted.
Sub judice
A Latin term meaning ‘under judgment’.
Subpoena
A document issued by the Court which requires a person to attend court to
give evidence or to produce documents. It is also called a summons to
witness or summons to produce documents.
Summary
Offence
Summary offences are the less serious offences which attract less severe
punishment on conviction (compared to indictable offences).
Summons
A document requiring a person to appear before the Court on a specified
date.
Surety
Person who takes responsibility that another person will fulfil some
obligation.
Trial
The examination of a case (civil or criminal) by a Judge (and jury) who has
jurisdiction to deal with it.
51
Magistrates Courts Practice Directions
Verdict
A formal finding of fact made by a jury on matters or questions submitted to
the jury by a Judge.
Voir(e) dire
A voir(e) dire is a hearing in the absence of a jury.
Warrant
A document giving authority to some officer to arrest a person or otherwise
deal with them according to the law.
Without
Prejudice
Discussions or communications between opposing parties are sometimes
made “without prejudice” to enable a freer interchange of view. The effect
of this is that if negotiations fail the parties have signalled that they do not
want one another to make use of what has passed between them in
evidence.
Your Honour
In the Northern Territory, a formal term to address Judges and Magistrates.
52
For further information
Malika Okeil
Courts Liaison and Education Officer
Court Support Services
Department of Justice
NT Supreme Court, State Square
GPO Box 3547, Darwin NT 0801, Australia
Telephone: (08) 8999 5295
Fax: (08) 8999 5512
Email: [email protected]
Web: www.nt.gov.au/justice