In the Northern Territory, we have a Local Court, a Youth Justice Court and a Supreme Court.
While most criminal matters are heard in the local court, serious indictable matters must be committed to the Supreme Court.
The maximum penalty that can be imposed for a single offence in the Local Court is two years imprisonment. Longer sentences can be imposed by the Supreme Court.
Legislation
Criminal legislation in the Northern Territory includes the following:
- Criminal Code Act 1983
- Misuse of Drugs Act 1990
- Summary Offences Act 1923
- Traffic Act 1987
Applying for bail
If you have been charged with an offence, you may be granted bail or you may be remanded in custody.
If you are remanded in custody, the police must bring you before a court as soon as possible so that you can apply for bail.
You will not be granted bail unless:
- the judge is satisfied that you will not endanger community safety
- the judge has a high degree of confidence that you will not reoffend.
Your chances of being granted bail will depend on a range of factors including:
- the offences you are charged with
- your criminal history and bail history
- when there is a presumption in favour of, or against, bail
- your bail proposal – including where you propose to live, the bail conditions you are willing to agree to, and the availability of a bail surety.
Understanding the charges
Before you decide how to deal with a criminal matter, it is important to carefully review the charges and the alleged facts with a lawyer.
Your lawyer will review the police initiating documents, noting:
- the timeliness of the charges filed
- the elements of each offence
- the maximum and minimum penalty for each offence
Your lawyer will advise you on:
- the likely penalty (including whether any mandatory sentencing provisions apply)
- the processes for finalising the charges
- any defences that may be open to you
- Jurisdiction.
In some cases, it will be necessary to obtain the brief of evidence to assess the strength of the prosecution case.
There are many acronyms Judges, Prosecutors, Criminal lawyers and court staff use. For example:
P/M = Plea or mention
D/H= Directions Hearing
PEM= Pre-liminary examination mention
PEP= Preliminary examination on the papers
DLC = Darwin Local Court
If you hear or come across an acronym, you are unfamiliar with, our friendly staff will explain their meaning and significance.
Negotiating with prosecutions
In some cases, it is possible to resolve a matter by negotiating with the prosecution. This may involve offering a plea to one charge in exchange for the withdrawal of another charge or requesting that a more serious charge be downgraded to a less serious offence. In some cases, it may require a detailed letter to be sent to the DPP setting out reasons why all charges ought to be withdrawn on public interest considerations under the DPP’s Guidelines.
Pleading guilty
If you decide to plead guilty to a criminal offence, your lawyer will present a plea in mitigation on your behalf in court. This will consist of telling the court about your circumstances and the circumstances of the offence and suggesting an appropriate penalty.
When you plead guilty, your lawyer will want to have as much information about you as possible so that they can present your case in the best possible light. This may include obtaining character references, your work history, medical records and reports, expert forensic psychologists reports, and proof of any steps you have taken to address the root causes of your offending – such as participating in counselling or rehabilitation programs.
The court will listen to the prosecution’s submissions and to your lawyer’s submissions. It will then decide on sentencing orders.
Pleading not guilty
If you plead not guilty, your matter will be adjourned to a later date for the court to hear evidence.
If your matter is in the Local Court, the court will set a date for a direction hearing. If the matter is not resolved by the directions hearing date, the court may adjourn the matter to a later date for a contested hearing, which may be several months off.
At the contested hearing, the court will hear evidence and submissions from both parties and then decide if you have been proven guilty. If you are found guilty, it will proceed to sentence you. This may occur on the same day, or on a later date.
If your matter is in the Supreme Court, you will have to go through a number of preliminary stages before the matter is set down for a trial. These will include a preliminary examination (committal) procedure in the Local Court, a number of criminal callovers, and an arraignment. Supreme Court matters can take many months to finalise.
A Supreme Court trial is held in front of a jury. The jury will decide if you have been proven guilty after hearing evidence and Jury addresses and Judge’s summary of the evidence and directions.
Preliminary Examinations (Committals)
The Preliminary Examination (previously known as the committal hearing) is a pre-trial procedure that is held to assess whether there is enough evidence to commit a matter to a higher court. These hearings can take place on the papers ( ie on the Prosecution brief of Evidence) or after oral evidence is given with leave of the court.
During a committal hearing, the court hears all the evidence the prosecution intends to rely on. If the court considers that the case could support a finding of guilt, it commits the matter to the Supreme Court. If the court does not consider that the accused could be found guilty on the evidence it has heard, it dismisses the matter.
Committals exist to ensure that the time of the higher courts is not spent hearing matters that lack merit.
We will help you to understand the process and guide you through the complexities of criminal law, defenses, onus and burdens of proof, evidence, procedure, practice directions, sentencing and any obligations in the aftermath.