NationMaster - Encyclopedia: Court of Summary Jurisdiction

The Court of Summary Jurisdiction is a court in the Northern Territory, a 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. Capital Darwin Government Const. ...

History

The court was established under the Justices Act (NT) in 1974 ^[1] and replaced the Courts of Petty Sessions 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. A Justice of the Peace (JP) is a magistrate appointed by a commission to keep the peace, dispense summary justice and deal with local administrative applications in common law jurisdictions. ... Motto: (French for God and my right) Anthem: God Save the King/Queen Capital London (de facto) Largest city London Official language(s) English (de facto) Unification - by Athelstan AD 927 Area - Total 130,395 kmÂ² (1st in UK) 50,346 sq mi Population - 2006 est. ...

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 AUD$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 Territory under the Magistrates Act (NT). A magistrate is a judicial officer. ... The political office of the Administrator of the Northern Territory of Australia has been held by the following people. ...

Commencement of cases

Criminal cases are commenced by way of complaint ^[2], 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 ^[3].

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 ^[4].

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 to stand trial. In less serious cases, the magistrate can punish the offender directly. In law, a question of law (also known as a point of law) is a question which must be answered by applying relevant legal principles, by an interpretation of the law. ... The Supreme Court of the Northern Territory is the highest court in the Australian Territory of the Northern Territory. ...

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.

References

Sources

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Government of Northern Territory, Australia

Executive: Monarchy • Administrators • Chief Minister • Government agencies This article describes the national government of Australia. ... Queen Elizabeth II, the current Queen of Australia. ... The political office of the Administrator of the Northern Territory of Australia has been held by the following people. ... In Australia, a Chief Minister is the head of government of a self-governing territory, while the head of government of a state is a Premier. ...

Legislative: Legislative Assembly • Electoral districts • MLAs • Laws The Parliaments of the Australian states and territories are legislative bodies within the federal framework of the Commonwealth of Australia. ... The Legislative Assembly is the only chamber of parliament in the Northern Territory in Australia. ... The Northern Territory Legislative Assembly is made up of 25 single-member electoral divisions. ...

Legislative Elections: 1994 • 1997 • 2001 • 2005 A general election was held in the Northern Territory, Australia, on June 18, 2005. ...

Judicial: High Court of Australia • Supreme Court • Magistrates Court • Other Courts and Tribunals There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level. ... High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ... The Supreme Court of the Northern Territory is the highest court in the Australian Territory of the Northern Territory. ...

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