Going to court

Contributed by RennieAnderson, as amended by EmmaHenke and current to September 2025

This section explains the process of what happens when a person is charged with a criminal offence and required to go to court.

The court process in civil proceedings is dealt with in other areas of this handbook, such as Debts, Contracts and consumer protection and Challenging administrative decisions. This section focuses on criminal proceedings.

Bringing a defendant to court

The first court date for any adult charged with any criminal offence in the NT will be in the Local Court.

This chapter focuses on court proceedings for adults. For further information in relation to court proceedings for persons aged 17 years old and younger when the offending allegedly occurred, please refer to the chapter Young people and crime .

The person charged with an offence is known as the defendant or the accused. If the person is found guilty, they are then referred to as the offender.

There are four different ways a defendant can end up at the Local Court for their first appearance.

• The defendant is remanded to appear in court
• The defendant is granted bail to appear in court
• The defendant is issued a notice to appear in court
• The defendant is issued a summons to appear in court

Remanded to appear in court

Police are empowered to arrest a person if they believe on reasonable grounds the person has committed on offence, is committing an offence or is about to commit an offence. Arrest means a person is no longer at liberty to come and go as they please. To be detained, remanded, apprehended or in custody are all terms referring to being under arrest. A person can be arrested at the time of the alleged offending or sometime later (for further information, see Investigation and arrest ).

If a person is arrested, charged and not granted police bail, police are required to bring that person to court 'as soon as is practicable' [Police Administration Act 1978 ('PAA') s 137].

This means the person remains in a custodial facility (either a police watchhouse or a prison) until police transport them to the closest Local Court. Once the person arrives at the Local Court, they remain in custody in the cells of the court. The court does not sit after hours or on weekends in the NT. If a person is arrested on Friday afternoon, they will not come to the Local Court until at least Monday.

Granted bail to appear in court

If a person has been arrested and charged with an offence, a police officer who holds the rank or Sergeant or higher is able to grant the person bail [Bail Act 1982 (NT) ('BA') s 16]. Bail is a promise to come to court on a nominated day and time. It will not necessarily be the next time the Court is open, it may be a day in several weeks' time. A person who is granted bail is often also given rules they need to follow until they go to Court. These rules are called 'bail conditions' (for further information, please see Bail ).

Notice to appear in court

If a police officer believes a person has committed an offence, they may issue the person a notice requiring them to appear before the Local Court on a nominated day and time [Police Administration Act 1978s 133B]. It will not necessarily be the next time the court is open, it may be a day in several weeks' time. A notice to appear can be issued regardless of whether or not a person is arrested. Unlike bail, it is not an offence to fail to comply with a notice to appear and there are no conditions the person needs to follow until their next court date. However, if a person is issued a notice to appear and they fail to appear on the nominated day and time, the court can issue a warrant for the arrest of the person or, in some circumstances, deal with the matter in the person's absence. When the Court deals with a person's matter in their absence it is referred to as dealing with the matter ex parte. Having a matter dealt with ex parte may prove disadvantageous to a defendant if a possible defence or relevant matters are not brought to the court's attention as a consequence.

Summons to appear in court

If a complaint (defined below) is laid in relation to a person suspected of committing a summary offence (defined below), a Judge, registrar or JP may issue a summons for the person to appear in Court at a nominated day and time [Local Court (Criminal Procedure) Act 1928 ('LCCPA')s 57]. Similar to a notice to appear, it is not an offence to fail to comply with a summons and there are no conditions the person needs to follow until their next Court date. However, if a person is served a summons and they fail to appear on the nominated day and time, the Court can issue a warrant for the arrest of the person if they are satisfied the complaint is substantiated and the summons was served a reasonable duration before the court date [LCCPA s 58].

Legal advice

A defendant should have legal advice before appearing in court. If the defendant finds themself in court and without having had legal advice, they should ask the judge to adjourn the matter to give them time to obtain legal advice.

Legal Aid NT (LANT) provides a duty lawyer at Darwin, Katherine and Alice Springs.

The North Australian Aboriginal Justice Agency (NAAJA) provides free advice and representation for Aboriginal and Torres Strait Islander people in Darwin, Katherine, Alice Springs and the 34 remote circuit courts where the Local Court sits in the NT.

If the person is in custody, a duty lawyer will come and see the person in the interview rooms of the cells. If the person is not in custody, the person should present to the Legal Aid NT or NAAJA duty office at the Local Court and request assistance.

For further information on these services, please see Legal aid .

Local Court vs Supreme Court

The Local Court

Darwin, Katherine and Alice Springs have full time Local Courts. Other towns and communities in the NT are serviced by a part time Local Court. In some communities the Local Court may only sit a few times a year. The calendar for when the court is sitting in each community can be found under the 'List of Circuit Courts' tab on the NT Local Court website.

The procedure in the Local Court is governed by the Local Court (Criminal Procedure) Rules. Proceedings in the Local Court are presided over by a Local Court judge. The Prosecution will be conducted be either a police prosecutor or a summary prosecutor from the DPP. The matters dealt with in the Local Court are generally less serious than matters dealt with in the Supreme Court. The proceedings while still formal, are more informal than those in the Supreme Court, usually take less time to be heard, and generally are less expensive than proceedings in Supreme Court.

There is a limit to the sentence that Local Court judges can impose. Even if the offence provision has a higher maximum penalty, the Local Court must not impose a sentence of more than five years imprisonment or a fine of more than 500 penalty units on a person found guilty of an offence [Sentencing Act 1995 ('SA') s 122].

The Supreme Court

Darwin and Alice Springs both have full time Supreme Courts. The Supreme Court occasionally sits in other locations in the NT, on a case by case basis.

The procedure in the Supreme Court is governed by the Supreme Court Rules 1987. The Supreme Court is presided over by a justice of the Supreme Court (also referred to as a judge). The Prosecution will be conducted by a Crown prosecutor from the DPP. The matters dealt with in the Supreme Court are ordinarily more serious. The proceedings are more formal, usually take more time to be heard, and generally are more expensive than proceedings in the Local Court.

There is no limit to the sentence that a Supreme Court judge can impose (apart from the maximum penalty in the offence provision). The most serious penalty the Supreme Court can impose is life imprisonment without parole.

General courtroom information

In both the Local Court and the Supreme Court, cases are conducted before a judge who sits at the front of the courtroom. The prosecution case is presented by a prosecutor who sits on one side of the table facing the judge. The defendant's legal representative sits on the other side of the table also facing the judge. A defendant sits next to or behind their lawyer (depending on where the Court is sitting) or in the dock if they are in custody. The term dock refers to a designated, enclosed area in the courtroom where a defendant in custody sits while their matter is being heard. If unrepresented and not in custody, a defendant will be asked to stand near a microphone positioned to one side of the bar table when addressing the Court or at other times to sit behind the bar table while the matter is heard. There are microphones throughout the courtroom and all proceedings are recorded.

In most instances courts are open to the public. However, public entry is refused for Youth Court proceedings, while victims of certain sexual crimes give evidence and in other circumstances where the judge makes a specific order to close the court. A judge has the power to prohibit the publication of certain evidence and to prohibit the publication of the name of any party in the proceedings or any witness.

The judge is assisted in the running of the courtroom by court officers (who are known as sheriff's officers in the Supreme Court) who have such duties as:

• shortly before court commences, calling names from the list of people who are waiting outside and due to appear;
• calling defendants into court;
• handing documents or objects to the judge (people should generally not approach the bench unless they are requested to); and
• administering the oath or affirmation to witnesses or defendants giving evidence on oath.

Summary vs indictable offences

How a person's case progresses through the court system depends on what type of offence the person is charged with. Each offence a person is charged with can be categorised as one of the following:

• A summary offence
• An indictable offence
• An indictable offence than can be dealt with summarily

A defendant is often charged with numerous charges in one matter. The matter will proceed through the court consistent with the process appropriate for the most serious charge until the point of committal (defined below).

Summary offences

A summary offence is an offence that a) has a maximum penalty of two years imprisonment or less and b) is not stated to be an indictable offence by an Act. Summary offences are to be dealt with summarily. This means all of the legal proceedings related to the offence will be dealt with in the Local Court (as opposed to the Supreme Court) [Criminal Code Act 1983 (NT) ('CC') s 3].

Summary offences are considered less serious offences. Shop lifting, minor drug offences and drink driving and examples of summary offences. Many, but not all, summary offences are contained in the Summary Offences Act 1923.

Laying a complaint

A person suspected of committing a summary offence will be charged with that offence on complaint [Local Court (Criminal Procedure) Act 1928 s 49]. The term complaint refers to the document setting out the defendant's charges.

A person who seeks to lay a complaint (the complainant ) or the complainant's legal practitioner should lay the complaint in person and they do not need to substantiate the complaint by oath unless the Act requires [Local Court (Criminal Procedure) Act 1928 s 50].

In practice, most prosecutions for summary offences are brought by police officers in their own names. The prosecution is then pursued by a prosecutor. The prosecutor will be either a representative of the police or a representative of the DPP. In Alice Springs, Tennant Creek and remote Circuit Courts, prosecutions for summary offences are ordinarily conducted by police prosecutors. In Darwin, prosecutions for summary offences are ordinarily conducted by representative of the DPP.

A private citizen who lays a complaint must themselves pursue prosecution. Certain government departments, such as local councils, carry out their own prosecutions, providing their own lawyers for this purpose.

Limitation of time for making complaint

Unless the law relating to the specific offence states differently, a complaint needs to be laid within six months of the date the offence is said to have taken place [Local Court (Criminal Procedure) Act 1928 s 52].

Indictable offences

An indictable offence is an offence that either a) an Act states is an indictable offence or b) the maximum penalty is imprisonment for more than two years [CC s 3].

Indictable offences are considered to be more serious offences. Aggravated robbery, sexual intercourse without consent and murder are examples of indictable offences.

Subject to the exceptions explained below, indictable offences cannot be finalised in the Local Court and must be dealt with in the Supreme Court. The Local Court does not have jurisdiction to finally determine indictable matters.

However, all matters, including indictable matters, have their first mention in the Local Court.

Laying an information

Indictable offences are laid on information (as opposed to complaint) [Local Court (Criminal Procedure) Act 1928 s 101].

There is no limitation of time for laying an information.

Indictable offences that can be heard summarily

There are exceptions to the rule that indictable offences are to be finalised in the Supreme Court.

Indictable property offences that can be dealt with summarily

The Local Court is able to finalise a charge of an indictable property offence if:

• The offence is an offence listed at s 120(1)(a) of the Local Court (Criminal Procedure) Act 1928; and
• The value of the property or financial advantage for all of the offences is not more than $50,000 [s 120 Local Court (Criminal Procedure) Act 1928].

These matters can be dealt with in the Local Court regardless of whether the person charged with the offence consents [s 120 Local Court (Criminal Procedure) Act 1928].

What offences are listed at s 120(1) of the Local Court (Criminal Procedure) Act 1928?

Committing or attempting to commit the following:

• Theft
• Receiving stolen property
• Removal of item from place open to the public
• Obtaining property by deception
• Obtaining financial advantage by deception.

Other indictable offences that can be dealt with summarily

The Local Court is also able to finalise indictable offences in the following circumstances:

• The maximum penalty is not more than 10 years' imprisonment or the offence is one of the offences listed at s 121A(1)(a) of the Local Court (Criminal Procedure) Act 1928; and
• The person charged with the offence consents to the matter being dealt with in the Local Court; and
• The prosecutor consents to the matter being dealt with in the Local Court; and
• The local court judge holds the opinion the matter should be dealt with in the Local Court [Local Court (Criminal Procedure) Act 1928 s 121A].

What are the offences listed at s 121A(1)(a) of the Local Court (Criminal Procedure) Act 1928?

• Robbery (but not Aggravated Robbery)
• Burglary (but not burglary committed with in possession of a weapon or on a dwelling house in possession of a weapon)
• Blackmail and extortion

Decision to consent to summary jurisdiction

A defendant charged with an indictable offence will consider the following when deciding whether they consent to the matter being dealt with in the Local Court:

• the chances of being acquitted by a jury may be better than the chances of being acquitted by a judge;
• the defence, being able to rely on the evidence given in the committal proceedings, may be better able to present its case before a jury; and/or
• the penalties a Local Court judge can impose are lower than those a Supreme Court judge would impose after a finding of guilt in a jury trial.
  

Representations

The defendant, through their lawyer if represented or personally if not represented, can, at any point in the proceedings, write to the prosecutor to negotiate the charges and the facts. This correspondence is referred to as representations . For example, the defendant may offer to plea guilty to some of the charges if the prosecutor withdraws the other charges and makes amendments to the facts. All representations sent to the prosecutor should contain a note that they are sent without admissions. This indicates that the defendant is not admitting to the offence and that the contents of the representations cannot be used to prove the charges against them.

Public interest representations

The prosecution has considerable discretion when deciding whether to prosecute a complaint. The prosecutor, whose job it is to consider the available evidence, weighs up both the evidence and the public interest in a prosecution and may decide not to proceed with the charge for a number of reasons. For instance, a prosecutor may decide not to proceed due to:

• the age or illness of the defendant
• the defendant's willingness to give evidence against someone else
• the fact that the relevant law is unpopular, controversial or obsolete
• the fact that the breach of the law was only technical or trivial.

A person charged with an offence or their legal representative can write to the prosecutor seeking they reconsider their decision to prosecute a particular matter. This is referred to as public interest representations.

Court process for matters that can be dealt with in the Local Court

First mention

The first time the matter comes before the Court is called the first mention.

Before the matter is mentioned in Court, the defendant should be informed of the nature of the charge. The defendant or their lawyer should receive from the prosecutor the complaint or information containing their charges, the statement of facts and all the evidence and other documents (such as a victim impact statement) the police have access to. Defendants should be given enough particulars to adequately defend themselves. The date, time and place of the alleged offence, details of the offence and the section of the Act that creates the offence, should be provided. 'Further and better particulars', such as the conduct that police claim to be proof of the offence, may have to be asked for in writing, either by the defendant or the defendant's lawyer.

When the matter is mentioned in Court, the defendant can:

• Apply for bail if they are remanded in custody
• Apply to vary the conditions of their bail if they are on bail
• Plea guilty. If the defendant enters a plea of guilty they might receive their sentence that day or the Court might adjourn the matter to a future date
• Seek an adjournment to a directions hearing listing. If the defendant wishes to contest the matter, send representations (defined above) or await receipt of further evidence to decide how to proceed with the matter, the matter will be adjourned to a future date for a directions hearing.

The defendant is not required to enter a plea of guilty or not guilty at the first mention.

A defendant who is in custody and is not granted bail is remanded in custody either to appear on the future date (their attendance in person or via audiovisual link will be arranged by Corrections) or they may be excused from attending on the next occasion if they are legally represented.

In practice, an indictable offence that can be dealt with summarily will proceed through the Local Court as though it will finalise in the Local Court unless the Prosecutor indicates an intention to refuse jurisdiction.

Plea of guilty

If the defendant has entered a plea of guilty at either the first appearance or later, the judge first calls on the prosecutor to outline the full facts of the case. The prosecutor then reads out the facts that police allege gave rise to the offence. These alleged facts are called the statement of facts or police precis . After the facts are read out, the defendant or their lawyer must tell the judge whether they agree with them. The prosecutor also informs the judge of any prior convictions recorded against the defendant. The defendant or their lawyer must tell the judge whether the criminal history is admitted. Often, the prosecution will also seek to tender a victim impact statement.

The judge calls on the defendant or the defendant's lawyer to present any facts in mitigation (lessening) of penalty. The defendant's lawyer can, with the prosecutor's consent, hand the judge written references or other support documents providing evidence of the defendant's character, circumstances or remorse. Such witnesses and those who provide written references are termed referees. The lawyer for the defendant then addresses the judge on what is the most appropriate penalty. The prosecutor will also address the judge on sentencing principles and what the prosecution deems is the most appropriate penalty.

Community Corrections, may be asked to prepare a supervision assessment or pre-sentence report for the court. A supervision assessment explains to the judge whether Community Corrections deem the defendant to be a person that is suitable for their supervision on a supervised order (such as a community corrections order, intensive community corrections order or a suspended sentence). A pre-sentence report provides information about the offender's background. It is requested by the court to find out why the offender committed the crime or, in some cases, to help determine an appropriate sentence. If a supervision assessment is ordered, the matter is usually adjourned for at least three days. If a pre-sentence report has been ordered, the case is usually adjourned for four to six weeks to allow it to be prepared. Sometimes, a pre-sentence report will include the order of a psychological or psychiatric assessment. In these circumstances, production of the report takes longer. Similarly, Community Corrections may be asked to prepare a home detention report, and/or a community service work report as the case may demand.

The judge then makes a decision and imposes a penalty (see Sentencing ).

There is also a process by which the defendant can obtain a sentencing indication. The defendant can request a judge to indicate what sentence the Court might impose if the defendant were to plead guilty to the charge or charges. If the defendant decides at that point that they wish to plead guilty, then the Court can proceed to hear the plea and sentence the defendant [Local Court (Criminal Procedure) Act 1928 ss 60AT - 60AZC].

Directions hearings

In the Northern Territory Local Court, a directions hearing is a short, procedural court appearance listed alongside many other matters and presided over by a Local Court judge. The defendant is often excused from attending if legally represented. The purpose is to identify the issues in dispute and the steps required to progress the matter [Local Court (Criminal Procedure) Act 1928 S 60AH]. The directions hearing will be set at least 4 weeks after the first mention [Local Court (Criminal Procedure) Act 1928 S 60AI].

At a direction's hearing, the defendant can seek to:

• List the matter for a contested hearing
• List the matter for a plea of guilty
• List the matter for a future directions hearing date

The defendant may also seek the court make a brief service order for material that the prosecution is yet to disclose [Local Court (Criminal Procedure) Act 1928 s 60AK].

The pre-hearing procedure is outlined by sections 60AD to 60AS of the Local Court (Criminal Procedure ) Act 1928. The process requires the prosecution to provide a full brief of what they say is the evidence against the defendant in support of the charge or charges, as well as the defence to outline the issues they wish to take to hearing. Upon seeking a hearing date, the parties are required to file a Directions Hearing Information form pursuant to Local Court Practice Direction 16.3. A copy is available of the NT Local Court website under 'publications'.

The directions hearing list is heard each Monday, at 10am for defendants in custody and at 2pm for defendants not in custody.

Contested hearings (not guilty pleas)

The parties must give written notice to the Court that they are ready to proceed with the hearing 7 days before the day appointed for the hearing [Local Court (Criminal Procedure) Act 1928 s 60AP].

In the Local Court, a judge has the duty to determine both fact and law.

On the set hearing day, the prosecutor will arraign the defendant and the defendant will enter pleas of not guilty to the charges they are contesting. If they choose to do so, the defendant's lawyer can then seek the prosecutor provide the particulars of the charges on the record.

Prosecution case

The prosecutor will name the witnesses to be called. The police officers and other witnesses are then called on, one by one, to give their evidence. All witnesses must remain outside the court room until they give evidence.

On first entering the witness box (a desk at one side of the court), a witness is required to take an oath or give an affirmation to tell the truth. The prosecutor then questions the witness, a process called the examination-in-chief. When the prosecutor has finished examining a witness, the defendant or their representative is entitled to ask the witness questions, a process called cross-examination.

The judge decides whether questions asked by either side are permissible in terms of the rules of evidence (defined below) for criminal court hearings.

No case to answer

When all the witnesses for the prosecution have been heard and the prosecution case has closed, the defendant can submit to the judge that there is no case to answer. In such a submission the defendant asks the judge to dismiss the prosecution's charge on the basis that the prosecution hasn't produced sufficient evidence to support each element of the charge. If the judge agrees, the charge is dismissed and the defendant is free to go. If the judge doesn't agree, the defendant must proceed to present their case.

The defence

A defendant can't be forced to give evidence. A defendant who decides to give evidence does so by going into the witness box, taking the oath or affirmation and answering any questions asked first by their own lawyer and then by the prosecutor in cross-examination. The defendant can also call witnesses able to give evidence relevant to the defence.

There are a number of different defences available to defendant. If appropriate, a defendant can present more than one defence, but should be careful not to prejudice a good defence by offering weaker or conflicting ones. Examples of common general defences are:

• Weaknesses in the prosecution's evidence: the prosecution, by means of eyewitnesses, identification parades, fingerprint evidence and handwriting evidence, may try to prove that the defendant committed the offence. A defence can attempt to point out weaknesses in the prosecution's evidence of identification.
• Alibi evidence: alibi evidence shows the defendant was not at the place where the offence was supposed to have been committed at the time it was supposed to be committed.
• Affected by drugs or alcohol: although to have been affected by alcohol or drugs is not, in general, a defence, it could be presented as one if it can be shown that, due to intoxication or drug use, the defendant didn't have the mental awareness or intention required by law for the commission of the offence. A defence made on such grounds is very complicated and should not be made without legal advice.
• Mental illness: a defence can be made on the grounds that the defendant was mentally ill at the time of the offence. A successful defence on such grounds will see the defendant detained in a mental hospital at the pursuant to the Mental Health (Related Services) Act 1998, indefinitely. For this reason mental illness is rarely raised as a defence and only in the most serious of cases, such as murder.
• Self-defence: self-defence, defence of another person and defence of one's own or another's property against attack are legitimate defences, but a defendant can have used only as much force as was reasonably necessary in the circumstances.
• Necessity: necessity may be raised as a defence where the act of the defendant was necessary to avert serious danger and the action taken was in proportion to that danger. The defence of necessity is approached by courts with considerable caution.
• Duress: a defendant can raise the defence of duress when the threat of death or serious personal violence was so great that it overcame the defendant's resistance to carrying out the criminal act. The overpowering of the defendant's will must have occurred at the time the criminal act was committed.
• Victim consent: in cases of assault and sexual assault, the contention that the victim consented to the assault can be offered as a defence (see Sexual offences ).

Please also note the provisions of 'Part IIA - Mental Impairment and Unfitness' of the Criminal Code Act 1983 are to be tried in the Supreme Court. These provisions are complex and must only be considered with the aid of an experienced criminal lawyer.

No proof beyond reasonable doubt

In addition to putting forward a defence to the charge, a defendant may put the prosecution to the test of proving its case beyond reasonable doubt by revealing inconsistencies and shortcomings in its case. Where all the elements that make up the offence are, on the evidence presented, not proved beyond reasonable doubt, the defence is entitled to submit that the prosecution has not proved the case. If the submission is accepted, the defendant is entitled to an acquittal, which means they are found not guilty.

The prosecutor's reply

After the defence case has closed, the prosecutor may bring evidence to reply to any new unforeseen point raised in the defence case. This is referred to as evidence in rebuttal.

Closing Addresses

After all the evidence is heard, the prosecutor and the defendant or their lawyer have the right to address the judge on why the defendant should or should not be found guilty.

The verdict

After hearing all the evidence and the addresses, the judge has the duty, without referring to any other person or body, to decide the matter. The judge may adjourn the case to consider a defendant's guilt, but usually the verdict is given straight away.

If there is reasonable doubt that the defendant is guilty of the offence charged, the judge dismisses the charge and allows the defendant to go free. If satisfied of guilt beyond reasonable doubt, the judge finds the offence proved and considers what penalty to apply.

Sentence

If the defendant is found guilty, the judge then imposes a penalty on the defendant. The parties can address the judge on the sentence prior to sentencing. (see Sentencing ).

Appeal against an ex parte conviction

A person who has failed to attend the Local Court on the specified date, and has consequently been convicted in their absence, can apply to the court to have the conviction set aside and the matter reheard in their presence. Those seeking to pursue this course of action should complete an application form, available under 'publications' on the Local Court website. On the application form, the appellant (person appealing) should outline the reasons for their absence and why a judge should rehear the case. The form must be lodged at the court within one month of receiving notice of the conviction. The case is then listed before a judge, who decides whether to set aside the conviction and have the matter reheard. In special circumstances applications made out of time may still be considered by a judge [Local Court (Criminal Procedure) Act 1928 s 63A].

Court process for matters that must be dealt with in the Supreme Court

First mention

The first time the matter comes before the Court is called the first mention. For all matters, this is heard in the Local Court.

Before the matter is mentioned in Court, the defendant should be informed of the nature of the charge. The defendant or their lawyer should receive from the prosecutor the information containing their charges, the statement of facts and all the evidence and other documents (such as a victim impact statement) the police already have. Defendants should be given enough particulars to adequately defend themselves. The date, time and place of the alleged offence, details of the offence and the section of the Act that creates the offence, should be provided. 'Further and better particulars', such as the conduct that police claim to be proof of the offence, may have to be asked for in writing, either by the defendant or the defendant's lawyer.

When the matter is mentioned in Court, the defendant can:

• Apply for bail if they are remanded in custody
• Apply to vary the conditions of their bail if they are on bail

The defendant is not required to enter a plea of guilty or not guilty at the first mention.

Matters that must be finalised in the Supreme Court are all provided a listing for preliminary examination mention at the first mention. Ordinarily, the Court orders the prosecution serves the committal brief within six weeks and sets a date for the preliminary examination mention in eight weeks' time.

In practice, an indictable offence that can be dealt with summarily will proceed through the Local Court as though it will finalise in the Local Court unless the Prosecutor indicates an intention to refuse jurisdiction.

Preliminary examination process

The process of a matter getting from the Local Court to the Supreme Court involves a preliminary examination in the Local Court. The preliminary examination requires the judge to decide whether there is sufficient evidence to commit the defendant to the Supreme Court [s 112 Local Court (Criminal Procedure) Act 1928].

The Local Court is required to conduct a preliminary examination for any indictable offence which cannot be heard and determined summarily [s 105A Local Court (Criminal Procedure) Act 1928]. (The exception is where an ex-officio indictment is filed, see below).

The preliminary examination procedure is outlined in sections 100 to 142 of the Local Court (Criminal Procedure) Act 1928.

Preliminary examination mention, preliminary examination arguments and preliminary examinations on the papers are heard each Wednesday, at 10am for defendants in custody and at 2pm for defendants not in custody.

Preliminary examination mention

A defendant who is in custody is ordinarily excused from attending the preliminary examination mention so long as they are legally represented.

A preliminary examination mention is a short, procedural listing alongside many other matters. At this listing the defendant can seek a listing for:

• a further preliminary examination mention,
• a preliminary examination on the papers, or
• a preliminary examination argument.

The defendant would seek to adjourn the matter for a further preliminary examination mention if they were awaiting disclosure of further evidence or a response to representations (defined above) sent to the prosecution to resolve the matter summarily.

The defendant can seek the court make a brief service order, ordering the prosecution to disclose particular evidence [Local Court (Criminal Procedure) Act 1928 s 105C]. Committal brief refers to the committal brief is the bundle of evidence that the prosecution serves on the defendant when they are charged with an indictable offence to be dealt with in the Supreme Court. What material the court requires the committal brief to contain is outlined at s 105D of the Local Court (Criminal Procedure) Act 1928.

Preliminary examination on the papers

A preliminary examination on the papers refers to a preliminary examination that is conducted without witnesses being called. In these circumstances, the committal brief is handed up to the court.

This can be contested or uncontested.

A preliminary examination on the papers in uncontested if the defendant concedes there is a prima facie case. The defendant's lawyer must confirm this with the Court, and that the defendant has been advised of their rights to give evidence, call evidence and answer the charge [s 110 Local Court (Criminal Procedure) Act 1928] and does not wish to exercise these rights. The Court must still satisfy itself that the committal brief makes out a prima facie case against the defendant.

A preliminary examination on the papers can also be contested. In these circumstances, the defendant's lawyer will address the court on why the evidence handed up to the court is not sufficient to make out the elements of the offence, the prosecution will address the Court on how the evidence does make out the elements of the offence and the judge will rule accordingly.

Preliminary examination argument

If the defendant wishes to cross-examine a witness at a preliminary examination oral hearing, they require the leave of the Court [Local Court (Criminal Procedure) Act 1928 s 105G and s 105J].

If the defendant indicates at a preliminary examination mention they seek to cross examine a witness at committal, the Court will:

• Order the defendant to file a preliminary examination notice by a certain date; and
• List the matter for preliminary examination argument.

The matters the Court is to consider when determining whether to allow the cross-examination of the witness(es) are found at s 105H of the Local Court (Criminal Procedure) Act 1928. These are the factors that form the basis of the parties' arguments when they address the court at the preliminary examination argument.

There are certain witnesses, such as the alleged victims of a sexual offence, that cannot be cross-examined at a preliminary examination oral hearing in any circumstances [Local Court (Criminal Procedure) Act 1928 s 105L].

If the judge is minded to allow the cross-examination of the witness, the matter is listed for a preliminary examination oral. At a preliminary examination argument, the Court can also limit the scope of what the parties are permitted to cross-examine on at a preliminary examination oral.

Preliminary examination oral

The term preliminary examination oral refers to the listing where witnesses are called to give oral evidence at committal. The prosecutor calls the witnesses for the prosecution and evidence on oath is given from the witness box. The witnesses called are those agreed upon at the preliminary examination argument.

Witnesses can then be cross-examined by the defendant or their lawyer.

Evidence is rarely called by the defence at committal hearings because defendants usually don't want to disclose their case before the actual trial.

Decision to commit the matters to the Supreme Court

When the prosecution witnesses have been called or the brief has been handed up and the Court has heard from the parties, the judge must decide, having regard to all the evidence, if there is enough evidence to put the defendant on trial in the Supreme Court [Local Court (Criminal Procedure) Act 1928 s 109].

If the judge decides the evidence is not sufficient to put the defendant on trial, the defendant is to be discharged [Local Court (Criminal Procedure) Act 1928 s 109(2)].

If the judge decides the evidence is sufficient to put the defendant on trial, the matter is to be listed in the Supreme Court criminal call over list more than 28 days in the future.

It is open to the Court to find that the defendant ought to be committed to the Supreme Court on some charges and discharged on others, or that the defendant ought be committed to the Supreme Court on the charge proper but be discharged on one or all of the circumstances of aggravation.

A defendant who has been committed for trial may either be kept in custody until the trial or released on bail (see Bail ).

The defendant is not required to indicate whether the matter is contested upon a criminal call over list date being affixed, but defendant may plead guilty at that point [Local Court (Criminal Procedure) Act 1928 s 134]. A guilty plea made at the earliest opportunity should be viewed favourably by a judge considering what penalty to impose.

Charges on complaint cannot be committed to the Supreme Court. If the matter contains charges on complaint and charges on information, the charges on complaint will be listed for mention on a future date in the bail and arrest list of the Local Court. It is also possible for the defendant to be committed to the Supreme Court on some charges on information and other charges on information to be heard summarily (so long as the Local Court has the relevant jurisdiction).

Ex officio indictments

Even if no committal hearing has taken place or if, at a committal hearing, a judge has found there to be insufficient evidence to put a defendant on trial, the Attorney-General or DPP may, in exceptional cases, file an ex officio indictment, a special document called to make any person stand trial in the Supreme Court. It is also possible for the DPP and the defendant to agree to the filing of an ex officio indictment to hasten the matter getting before the Supreme Court. An ex officio indictment, agreed to by both sides, can be filed with Supreme Court before any committal proceedings. Defendants occasionally choose to agree to an early ex-officio indictment in order to minimise the expense of their cases to the public purse and thereby try to attract a lesser sentence from the Supreme Court.

Criminal call over mention

The first mention of a matter in the Supreme Court will be at a criminal call over mention. This is a short, procedural listing, alongside many other matters before an associate justice or a registrar. At this listing, the defendant can seek a future listing for:

• a further criminal call over mention
• a plea of guilty
• a trial

A further criminal call over mention will be sought in circumstances there is outstanding evidence or the parties are negotiating the charges.

The parties need to undertake several steps before a matter can be listed for trial. These steps are outlined in Supreme Court Practice Direction No 2 of 2025.

Plea of guilty

The Supreme Court deals with pleas of guilty in similar manner to the Local Court. If a defendant indicates an intention to plea guilty at the criminal call over list the matter will be listed for plea of guilty . A few days prior to the listing the Crown prosecutor and defendant's lawyer will send the judge's office, known as the judge's chambers, an outline of written submissions on sentence and, provided they have the consent of the other party, copies of the documents they will seek to tender in Court.

The listing will commence with the judge's assistant, known as the associate, reading the defendant the charge and asking whether they plea guilty or not guilty. The defendant is required to answer this question themselves. This process is referred to as the arraignment. The judge will then ask the Crown prosecutor to read the facts of the case. These facts are known as the statement of facts or police precis . After the facts are read out, the defendant through their lawyer must tell the judge whether they agree with them. The Crown prosecutor also informs the judge of any prior convictions recorded against the defendant. The defendant through their lawyer must tell the judge whether the criminal history is admitted. The prosecution will also seek to tender other documents, such as a victim impact statement.

The judge then calls on the defendant's lawyer to present any facts in mitigation (lessening) of penalty. The defendant's lawyer can, with the prosecutor's consent, hand the judge written references or other support documents providing evidence of the defendant's character, circumstances or remorse. Such witnesses and those who provide written references are termed referees. The lawyer for the defendant then addresses the judge on what is the most appropriate penalty.

The prosecutor will also address the judge on sentencing principles and what the prosecution deems is the most appropriate penalty.

Community Corrections, may be asked to prepare a supervision assessment or pre-sentence report for the court. A supervision assessment explains to the judge whether Community Corrections deem the defendant to be a person that is suitable for their supervision on a supervised order (such as a community corrections order, intensive community corrections order or a suspended sentence). A pre-sentence report provides information about the offender's background. It is requested by the court to find out why the offender committed the crime or, in some cases, to help determine an appropriate sentence. If a supervision assessment is ordered, the matter is usually adjourned for at least three days. If a pre-sentence report has been ordered, the case is usually adjourned for four to six weeks to allow it to be prepared. Sometimes, a pre-sentence report will include the order of a psychological or psychiatric assessment. In these circumstances, production of the report takes longer. Similarly, Community Corrections may be asked to prepare a home detention report, and/or a community service work report as the case may demand.

The judge then makes a decision and imposes a penalty (see Sentencing ).

It is not possible to obtain a sentencing indication in the Supreme Court.

Trial process

A number of steps must be taken before a matter actually proceeds to trial.

Deciding the charge

The Crown prosecutor must first decide what the formal charge, called the indictment, will be. The same charge for which the defendant was committed can be used, new charges may be added or an entirely different charge may be used instead. All indictments are filed in the name of the Attorney-General or DPP.

If the case against the defendant is weak or important evidence in the defendant's favour was revealed at the preliminary examination hearing, the defendant should, before the trial begins, consider sending public interest representations (defined above) to the DPP seeking they do not to proceed with prosecution.

Alternatively, if a Crown prosecutor considers the case not strong enough, they will recommend to the DPP or Attorney General that no indictment, or further formal charge, be laid or that no prosecution take place on an existing information.

Preparing for the trial

A defendant who has been committed for trial before a jury in the Supreme Court may have to wait some time for the trial to begin.

The evidence of witnesses at a preliminary examination hearing is recorded and transcribed. The Crown prosecutor considers the evidence and decides whether or not to recommend the case go to trial.

A defendant is entitled to know which witnesses the prosecution intends to call at the Supreme Court trial and what other evidence the prosecution will seek to rely on. The prosecution has an overarching duty to disclose all relevant evidence on the defendant. A defendant is also entitled to know if the charges are to be changed.

If the Crown prosecutor intends to call a new witness, a copy of the statement made by the new witness must be sent to the defendant so the defence can prepare its case. In certain circumstances, the defendant may be permitted by the trial judge to examine new witnesses in a preliminary examination-like proceeding (a 'Basha inquiry') before the start of the trial, particularly in circumstances where the defendant has refused to provide a statement.

The trial

Trials in the Supreme Court are listed to begin on any given weekday at 10 am or 11am.

Empanelment

When the trial begins, the defendant is seated in the dock, the charge is read aloud and the defendant themselves is asked to plead guilty or not guilty. The men and women from whom the jury will be selected are referred to as the jury panel and, at this time, are seated in court. If a plea of not guilty is entered, the names of 12 people are selected at random from a ballot box. These 12 people form the jury that hears the case. The prosecution or the defence may challenge or refuse up to six jurors without stated reason. If the charge is one punishable by life imprisonment, the number of jurors who can be challenged without stated reason increases to 12. Names continue to be drawn by ballot until 12 jurors are accepted. Sometimes the judge chooses to empanel a small number reserve jurors who sit with the jury and become part of the jury in the event that one the jurors needs to leave during the duration of the trial (see Jury service ).

Once the jury is empanelled or 'sworn in', the trial begins.

In the Supreme Court the judge functions as the arbiter of law and the jury decides the facts.

The Crown case

The Crown prosecutor makes an opening statement to the jury and then calls the prosecution witnesses one by one. The defendant's lawyer may cross-examine each witness in turn after the prosecution's examination is finished.

No case to answer

When the prosecution's case has been presented, the defendant's lawyer may submit that the judge should direct the jury to acquit the defendant on the basis that there is no case to answer.

The defence case

If no submission is made, or this submission does not succeed, the defendant's lawyer can call evidence from the defendant and other witnesses. The defendant can either enter the witness box to give evidence on oath and be cross-examined or remain silent.

A defendant can't be forced to give evidence. A defendant who decides to give evidence does so by going into the witness box, taking the oath or affirmation and answering any questions asked first by their own lawyer and then by the prosecutor in cross-examination. The defendant can also call witnesses able to give evidence relevant to the defence.

There are a number of different defences available to a defendant. If appropriate, a defendant can present more than one defence, but should be careful not to prejudice a good defence by offering weaker or conflicting ones. Examples of common general defences are:

• Weaknesses in the prosecution's evidence: the prosecution, by means of eyewitnesses, identification parades, fingerprint evidence and handwriting evidence, may try to prove that the defendant committed the offence. A defence can attempt to point out weaknesses in the prosecution's evidence of identification.
• Alibi evidence: alibi evidence shows the defendant was not at the place where the offence was supposed to have been committed at the time it was supposed to be committed.
• Affected by drugs or alcohol: although to have been affected by alcohol or drugs is not, in general, a defence, it could be presented as one if it can be shown that, due to intoxication or drug use, the defendant didn't have the mental awareness or intention required by law for the commission of the offence. A defence made on such grounds is very complicated and should not be made without legal advice.
• Mental illness: a defence can be made on the grounds that the defendant was mentally ill at the time of the offence. A successful defence on such grounds will see the defendant detained in a mental hospital at the pursuant to the Mental Health (Related Services) Act 1998, indefinitely. For this reason mental illness is rarely raised as a defence and only in the most serious of cases, such as murder (see Mental health and criminal offence).
• Self-defence: self-defence, defence of another person and defence of one's own or another's property against attack are legitimate defences, but a defendant can have used only as much force as was reasonably necessary in the circumstances.
• Necessity: necessity may be raised as a defence where the act of the defendant was necessary to avert serious danger and the action taken was in proportion to that danger. The defence of necessity is approached by courts with considerable caution.
• Duress: a defendant can raise the defence of duress when the threat of death or serious personal violence was so great that it overcame the defendant's resistance to carrying out the criminal act. The overpowering of the defendant's will must have occurred at the time the criminal act was committed.
• Victim consent: in cases of assault and sexual assault, the contention that the victim consented to the assault can be offered as a defence (see Sexual offences ).

Please also note the provisions of 'Part IIA - Mental Impairment and Unfitness' of the Criminal Code Act 1983 to be tried in the Supreme Court (see Mental health and criminal offence) . These provisions are complex and must only be considered with the aid of an experienced criminal lawyer.

Closing addresses and summing up
After all the evidence is given, both the Crown prosecutor and the defendant's lawyer address the jury. The judge then sums up the case for the jury and explains the law that applies.

Verdict

The jury then retires to consider its verdict. Once a verdict has been reached, the jury returns to the courtroom where the jury's foreman (can be either man or woman) announces the verdict, which at this stage must be unanimous. A majority verdict, where ten or more agree, is accepted after six hours of deliberation, except where the defendant is on trial for a Commonwealth offence [CC s 368].

Appeals

Save for appeals against an ex parte conviction (see above Appeal against an ex parte conviction), all appeals are heard in the Supreme Court.

It is, in general, not possible to re-argue questions of fact on appeal. In most cases the appeal must be based on some question of law. A person who wishes to appeal against a judge's decision should seek legal advice as quickly as possible as time limits apply. Generally the limit is 28 days but you must check.

Appeal against Local Court decision

A Local Court appeal is an appeal from a decision of a Local Court judge to a single judge of the Supreme Court. Local Court appeals are often made against a conviction or the severity of a sentence. They often involve the arguing of legal principles so it is difficult for appellants who don't have legal training to conduct such appeals.

A Local Court appeal must be made within 28 days of the date of the conviction or sentence, although a judge of the Supreme Court may allow an extension of time in special circumstances.

An appeal is started by filing two copies of the Notice of Appeal (available under 'publications' on the Local Court website) with the Registry of the Local Court, together with the prescribed fee or fee waiver. One copy of the Notice of Appeal is returned to the appellant and must be served on the respondent , which is usually the police.

Once an appeal is lodged, the original penalty is suspended until the appeal is heard. This rule may be of particular interest to those convicted of driving offences where the judge has cancelled or suspended a driving licence. By lodging an appeal and entering into a bail agreement, the defendant is able to continue driving until an appeal is heard and decided.

Fines and costs need not be paid until the appeal has been heard.

A person in custody awaiting the outcome of the appeal can apply to a judge for bail. When a bail agreement has been entered into, a defendant who has been sentenced to imprisonment must be released unless they are in custody for some other reason (see Bail ).

An appellant need not attend the appeal hearing if represented by a lawyer. The matter is argued first by the appellant's lawyer, who puts to the judge legal propositions and previous cases ( precedents ) supporting the appellant's case. The respondent then argues their case. The respondent is usually a lawyer from the DPP. Again legal propositions and precedents are put to the judge, this time supporting the opposite view of the case.

It is up to the judge to decide which argument is correct. The appeal might be dismissed or it may be allowed. If it is allowed, the judge may:

• send the case back to the Local Court for a rehearing, normally before a different judge
• in the case of an appeal against conviction, quash or annul the conviction, as if it had never happened
• in the case of an appeal against sentence, fix whatever new penalty is deemed appropriate

Appeal against Supreme Court decision

A person who has been convicted by a jury or has pleaded guilty to a crime and then been sentenced by a Supreme Court judge has a right of appeal to the Court of Criminal Appeal. The appeal must be made on one of the following grounds:

• against conviction, on any ground that only involves a question of law
• against conviction, on any ground involving a question of fact or mixed law and fact or some other sufficient ground of appeal
• against the sentence passed
• on any other ground that appears to be sufficient.

The notice of appeal and the grounds upon which the appeal is to be made must be lodged with the Court of Criminal Appeal within 28 days of the date of the conviction or sentence. If an appeal is not lodged within that time, an application must be made to the court for an extension of time to appeal.

In appeals against conviction, matters are not completely reheard. An appeal is decided on issues arising from the transcript of the evidence at the trial, but if the appellant has fresh evidence, it should be placed before the court in the form of affidavits from witnesses stating what they would say if called in a new trial.

The appellant must convince the court of one of the following:

• that the jury's verdict should be set aside because it is unreasonable or unable to be supported by the evidence;
• that there was a wrong decision on a question of law;
• that there was a miscarriage of justice on any grounds.

Even if the court finds in favour of the appellant on some point of law, it may still dismiss the appeal if it finds that no substantial miscarriage of justice has occurred.

Evidence

Evidence includes all the information given directly to the court by witnesses. Evidence must comply with particular rules and is the only sort of information to which the court may have regard.

Relevance

One of the rules of evidence states that evidence presented must be relevant to the issue being tried. For instance, when a person is charged with theft from a house, it would be a relevant fact that the person's fingerprints were found on the windowsill of the house, but it would not be considered relevant that the person often consumed too much alcohol or came from a family of thieves.

Hearsay

A witness is asked to tell the court only what they saw or heard, not what someone else told the witness had occurred (hearsay evidence). For example, a witness can say: 'I saw Jill push Jack down the hill' but cannot say 'I wasn't there at the time, but Tom Piperson told me that he saw Jill push Jack down the hill'. It is often difficult to determine whether a particular piece of evidence is hearsay, as hearsay is a complex area of law and there are exceptions to the general rule.

Opinion

Generally, the opinion of a witness is not admissible unless the witness is an expert in the field within which the opinion is given. A doctor may be able to give an opinion on whether a particular blow may have caused the death of a person, but a non-medical witness cannot. Lay (non-expert) witnesses are able to give evidence on matters for which the experience of everyday life is sufficient, such as the speed of a vehicle, weather, general identity and whether or not a person seemed drunk.

Character

Generally, the prosecution is not allowed to ask a witness a question that tends to show the defendant as a person of bad character or guilty of other offences. However, if the defendant or their lawyer tries to attack the character of a prosecution witness by referring to the bad conduct of that witness, the court may allow the defendant, if they give evidence, to be questioned about their own bad character or conduct.

A defendant is entitled to raise their good character as an issue at the trial and to have that evidence taken into account on the question of guilt or innocence. However, if they choose to do so, the prosecution can then call evidence that would tend to show the defendant to be of bad character.

A decision to attack the character of a prosecution witness or to raise the good character of a defendant needs careful consideration.

Admission

An admission made by a defendant is often given as evidence in court. The definition of admission is broad in the criminal law and contains any statement contrary to the defendant's interest. Such evidence might be a conversation in which the defendant verbally confessed or a record of interview. If a admission is to be admissible in evidence, it must be made freely and voluntarily. An admission will not be admitted if it was induced by a threat, promise or untrue representation made by the prosecutor or some person in authority.

The defence can object to the admissibility of a record of interview on these grounds. It will then be up to the judge to decide whether to admit it.

Even if a judge concludes an admission was voluntary, it may still be excluded if its admittance would be unfair to the defendant. Examples of such unfairness would be where a defendant whose English is poor admits to an offence without the assistance of an adequate interpreter, or where a person is held in custody for a lengthy period and persistently asked the same questions over and over. A judge can also exclude an admission on the grounds of public policy - the public interest in having offenders convicted is weighed against the public interest in discouraging police officers from engaging in unlawful conduct during the investigation of a crime.

Nature of infringement notices and disputing them in court

Infringement notices are administrative notices issued by government agencies (including the Police). They are used for a range of more minor offences, such as traffic offences, animal welfare offences [Animal Welfare Act 1999 (NT) s 78] and wildlife conservation offences [Territory Parks and Wildlife Conservation Regulations 2001 reg 7].

The notice sets out the details of the alleged offence and offers the person the option to pay a fine instead of going to court.

Paying the fine means there is no finding of guilt and no conviction is recorded [Sentencing Act 1995 (NT) ss 7-8]. It simply resolves the matter without further legal action. However, if the person chooses not to pay the fine, the matter may proceed to court.

Once an infringement notice is disputed in court, the matter becomes subject to criminal legal proceedings. If the court finds the person guilty, imprisonment or a more significant fine may be imposed and a conviction may be recorded.

It is important to consider that many offences that attract infringement notices in the NT are ‘strict liability offences’. This means if you elect to go to Court the prosecution only needs to prove that the conduct happened, they do not need to prove that you intended to do it or knew you were doing it. For example, even if the Court is satisfied that you did not know the car you were driving was unregistered, you can still be found guilty of the offence.