Northern Territory Numbered Acts

LOCAL COURT (REPEALS AND RELATED AMENDMENTS) ACT 2016 (NO 9 OF 2016) - SECT 14

Sections 120 and 121A

repeal, insert

120     Property offences that may be dealt with summarily

    (1)     Subject to section 122A, the Court may hear and determine summarily one or more charges of one or more indictable offences in relation to a defendant, at the same time, if:

    (a)     each offence is against section 210, 219, 221, 224, 227 or 229 of the Criminal Code, or is an attempt to commit such an offence; and

    (b)     the value of the property involved for all of the offences being heard and determined does not exceed $50 000.

    (2)     The jurisdiction conferred by subsection (1) may be exercised whether or not the defendant consents to its exercise.

121A     Offences that may be dealt with summarily

    (1)     Subject to section 122A, the Court may hear and determine the charge of an indictable offence summarily if:

    (a)     the offence is:

        (i)     punishable by not more than 10 years imprisonment; or

        (ii)     against section 210, 213, 228, 229 or 241 of the Criminal Code and punishable by not more than 14 years imprisonment; or

        (iii)     an offence to which section 213(5) of the Criminal Code applies; and

    (b)     in the opinion of the Court, the charge is not one that the Court could, apart from this section, hear and determine summarily; and

    (c)     the defendant consents to it being so disposed of; and

    (d)     the prosecutor consents to it being so disposed of; and

    (e)     the Court is of the opinion that the charge should be heard and determined summarily.

    (2)     The Court may seek from the prosecutor and the prosecutor must give to the Court, an outline of the evidence that will be presented for the prosecution, for the purpose of enabling the Court to determine whether to hear and determine the charge summarily.

    (3)     A statement made by the prosecutor under subsection (2) is not admissible in evidence in a subsequent proceeding in respect of the charge.

    (4)     Subject to subsection (5), a person the subject of a charge that is being heard summarily under subsection (1) and who, in respect of the charge, is represented by a legal practitioner, may, at any stage of the proceedings relating to the hearing of that charge, plead guilty to that charge.

    (5)     The Court hearing a charge summarily under subsection (1) must not, in respect of that charge, accept a plea of guilty under and in accordance with subsection (4) from the person the subject of that charge unless the Court is of the opinion that to accept the plea of guilty is proper.