Court of Summary Jurisdiction
Encyclopedia
The Court of Summary Jurisdiction is a court in the Northern Territory
of Australia
. It has jurisdiction to deal with criminal offences which occur in the territory. It is one of the courts that is usually referred to as the Magistrates Court of the Northern Territory
.
commonly established in Australia since British settlement in 1788 to deal with less serious crime. Those courts followed the English tradition of justices of the peace sitting in and out of sessions in England
.
under the Magistrates Act (NT).
The justice of the peace can issue a summons directing the offender to attend court or can issue a warrant for his or her arrest .
The presiding magistrate sits as judge and jury and determines all issues of fact and all questions of law. In serious cases, the magistrate may commit the offender to the Supreme Court of the Northern Territory
to stand trial. In less serious cases, the magistrate can punish the offender directly.
Northern Territory
The Northern Territory is a federal territory of Australia, occupying much of the centre of the mainland continent, as well as the central northern regions...
of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
. It has jurisdiction to deal with criminal offences which occur in the territory. It is one of the courts that is usually referred to as the Magistrates Court of the Northern Territory
Magistrates Court of the Northern Territory
The Northern Territory Magistrates Courts is the generic name given to the lower courts constituted by magistrates and justices of the peace in the Northern Territory, a territory of Australia. There is no actual magistrates court, and the reference to the court is usually a reference to the...
.
History
The court was established under the Justices Act (NT) in 1974 and replaced the Courts of Petty SessionsMagistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
commonly established in Australia since British settlement in 1788 to deal with less serious crime. Those courts followed the English tradition of justices of the peace sitting in and out of sessions in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
.
Constitution
The court can be constituted by a stipendiary magistrate or two justices of the peace. In some situations, a single justice of the peace can hear a case if the maximum fine that can be imposed is no more than A$100 and the prosecution and the accused agree to the case being heard in this matter. Stipendiary magistrates are appointed by the Administrator of the Northern TerritoryAdministrator of the Northern Territory
The Administrator of the Northern Territory is an official appointed by the Governor-General of Australia to exercise powers analogous to that of a state governor...
under the Magistrates Act (NT).
Commencement of cases
Criminal cases are commenced by way of complaint , although prior to 1992 they were commenced by way of information. A complaint is made to a justice of the peace. The complaint can be in writing or it can be made orally. Generally, a complaint must be made within six months of the crime occurring .The justice of the peace can issue a summons directing the offender to attend court or can issue a warrant for his or her arrest .
The hearing
Following an offender’s arrest or appearance at court, the offender is given an opportunity to plead guilty or not guilty. If there is a guilty plea, the court can sentence the person straight away or may adjourn the case to another day. If there is a not guilty plea, the case is usually adjourned to another day so that witnesses can be subpoenaed to attend and give evidence.The presiding magistrate sits as judge and jury and determines all issues of fact and all questions of law. In serious cases, the magistrate may commit the offender to the Supreme Court of the Northern Territory
Supreme Court of the Northern Territory
The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters...
to stand trial. In less serious cases, the magistrate can punish the offender directly.
Punishment
The court has a range of options to punish offenders who plead or are found guilty. The court may simply fine the offender or in more serious situations, the court may imprison the offender.Sources
- Magistrates Court Act (NT) http://www.austlii.edu.au/au/legis/nt/consol_act/ma142/
- Justices Act (NT) http://www.austlii.edu.au/au/legis/nt/consol_act/ja119/
- Justice of the Peace Act (NT) http://www.austlii.edu.au/au/legis/nt/consol_act/jotpa193/
- Homepage of the Court