A Magistrate sitting in a Court of Summary Jurisdiction or Juvenile Court has implied power to direct a legal practitioner to leave the courtroom and to have them removed in default of compliance, but has no power to direct that the practitioner be taken into custody and confined in cells while the Magistrate contemplates whether to charge the practitioner with contempt. The only power to imprison for misconduct in such courts lies in s 46 of the Justices Act (NT), which requires a charge to be laid before custody can be imposed. No implied power to remand pending formulation of a contempt charge should be recognised, given the fundamental importance of the right to liberty.
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