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Message from the Chief Magistrate

The expression “Magistrate Courts” is a generic term covering a range of jurisdictions presided over by Northern Territory Magistrates. These jurisdictions include:

In addition to the above courts there are a range of Appeal Tribunals (approximately 10) which are constituted by a magistrate or by a magistrate and other persons. Another 38 types of appeal may be made to the Local Court presided over by a magistrate. Applications other than appeals can be made to Magistrates or one of their courts under 45 pieces of Northern Territory Legislation. There are additionally about 100 pieces of Federal Legislation under which applications or prosecutions can be commenced in the magistrate’s jurisdictions.

The work of magistrates is therefore very varied and in fact constitutes about 97% of the contact of the court system with the citizens of the Northern Territory.

There are 14 magistrates in the Northern Territory consisting of the Chief Magistrate and 13 Stipendiary Magistrates. Nine magistrates (including the Chief Magistrate) are based in Darwin, four magistrates in Alice Springs and one in Katherine. Their work is not limited to these places and all magistrates conduct circuit courts usually on a monthly basis to a large number of smaller towns and communities throughout the Northern Territory. The work of the court is shared between magistrates as directed by the Chief Magistrate. Magistrates are assisted by two Judicial Registrars in civil matters and by a team of voluntary Justices of the Peace in some criminal jurisdictions. Because of the “everyday” nature of the work of Magistrates their courts are sometimes referred to as the people’s court

The Courts and all judicial officers stand apart and independent of government and its departments including prosecutions and police. The courts’ role is to independently determine all cases coming before them without fear or favour. This separation of the court from government and its arms cannot be over emphasised as it is the basis upon which the rights of citizens are guaranteed according to law.

Magistrate courts do not operate with a jury and the presiding magistrate is therefore the decider of fact and law in all contested cases.

Appeals from Judicial Registrars are to Magistrates and appeals from Magistrates are to the Supreme Court constituted by a single Judge. From there there may be further appeals to the Full Court of the Supreme Court consisting of 3 or more Judges and ultimately to the High Court.

The Chief Magistrate has made Practice Directions and guidelines to assist court users in understanding the process followed by the court in particular matters.

Day to day enquiries may be made to court staff at the counters but staff will not provide legal advice. Such advice can be sought from the private legal profession through your own contacts or the Law Society or through the branches of the various legal aid services in the Northern Territory.

Whilst magistrates and court staff are necessarily kept busy we welcome input on the way that interaction with people can be improved. Anyone may address comment or suggestions to the Chief Magistrate or to the Deputy Director of Courts at the court or to GPO Box 1281 Darwin NT 0801.