Justices Act 1886

The description of any offence in the words of the Act, order, by-law, regulation, or other instrument creating the offence, or in similar words, shall be sufficient in law.

Where a person is convicted of an offence by a Magistrates Court other than the Childrens Court and it is proved to the satisfaction of the court on oath or as prescribed by subsection (3) that there has been served upon the defendant with the complaint or a reasonable time before the time appointed for the appearance of the defendant a notice specifying any alleged previous conviction of the defendant for an offence proposed to be brought to the notice of the court in the event of the defendant’s conviction for the offence charged and the defendant is not present in person before the court, the court may take account of any such previous conviction so specified as if the defendant had appeared and admitted it.

Any person who serves a notice specifying any alleged previous conviction of the defendant may serve, and document service of, the notice in the same way as is provided for the service and documenting of service of a notice to appear under the Police Powers and Responsibilities Act 2000.

Note—For documenting service, see the Police Powers and Responsibilities Act 2000, section 389(2).

Without limiting section 56, a document of service of a notice under subsection (3) is, on production to the court—

evidence of the matters contained in the document; and

sufficient proof of the service of the notice on the defendant.

Unless otherwise expressly provided, if, for the purpose of the assessment of penalty in respect of a simple offence, it is intended to rely upon a circumstance which renders the defendant liable, upon conviction, to a greater penalty than that to which the defendant would otherwise have been liable, that circumstance shall be expressly stated in the complaint made in respect of that offence.

However, if the circumstance is that the defendant has been previously convicted of an offence, the alleged previous conviction must be stated in a notice—

served with the complaint; or

served before the day appointed for the defendant’s appearance; or

given to the defendant on the day appointed for the defendant’s appearance.

For subsection (5)(c), if the notice of an alleged previous conviction is given to the defendant on the day appointed for the defendant’s appearance, the court may, if the court is satisfied it is in the interests of justice to do so, adjourn the hearing of the proceeding to allow the defendant to consider the notice.

Subject to subsection (2), the circumstance that the defendant has been previously convicted of an offence may be relied on for the assessment of penalty for a simple offence whether or not a notice has been served or given under subsection (5).

If a notice has not been served or given under subsection (5), reliance on the circumstance that the defendant has been previously convicted of an offence does not render the defendant liable to a greater penalty than that to which the defendant would otherwise have been liable.

A complaint for an offence may state the offence is also—

a domestic violence offence; or

a domestic violence offence committed against a child; or

a domestic violence offence that exposed a child to domestic violence.

Note—See the Penalties and Sentences Act 1992, section 12A for when a conviction for the offence must also be recorded as a conviction for a domestic violence offence or entered in the offender’s criminal history as a domestic violence offence.