In the Northern Territory, a refusal to grant a permanent stay of criminal proceedings on the ground of abuse of process is not an exercise of criminal jurisdiction excluded from the Court of Appeal's jurisdiction by s 50A of the Supreme Court Act 1979 (NT). Rather, it is an exercise of the court's inherent jurisdiction to control its own processes, and an appeal lies to the Court of Appeal under Part III of the Supreme Court Act. A single judge determining an application for leave to appeal has the obligation to determine the competency of the appeal if challenged.
The full text is available to signed-in members.