CRIMINAL LAW- -POLICE - - RIGHTS, POWERS AND DUTIES - - IMMUNITY FROM SUIT - - APPLICATION AND OPERATION OF IMMUNITY - - Mental Health and Related Services Act (NT) - - Scope of immunity from criminal liability under s 164 of Mental Health and Related Services Act (NT) - - Police can rely on the immunity if they have, in good faith, wrongly or mistakenly acted beyond their powers.
JURISDICTION, PRACTICE AND PROCEDURE -- a Magistrate hearing a committal proceeding is sitting as a justice and not the Court of Summary Jurisdiction - - a Justices Appeal cannot be brought from a ruling at committal - - Justices Appeal dismissed.
ADMINISTRATIVE LAW-- PREROGATIVE WRITS AND ORDERS - - Relief in the nature of orders for Certiorari and Prohibition are granted - - the decision of the learned Magistrate dismissing the application to apply the immunity at the commencement of committal proceedings is quashed and the committal court constituted by a magistrate sitting as a Justice is prohibited from proceeding further with the committal hearing.
