Justices Rules 2003

Justices Rules 2003

The Magistrates Rule Committee, in the exercise of its powers under section 15AE of the Magistrates Court Act 1987, makes the following rules of court for courts of summary jurisdiction exercising jurisdiction under the Justices Act 1959.

These rules of court may be cited as the Justices Rules 2003.

These rules of court take effect on 1 January 2004.

In these rules of court – Act means the Justices Act 1959;Australia Post has the same meaning as in the Australian Postal Corporation Act 1989 of the Commonwealth; clerk means the clerk of petty sessions appointed under section 16A of the Act;Crown Law Officer has the same meaning as in section 1 of the Criminal Code; first appearance means the first listing of a complaint where the defendant is required to respond to the complaint; forfeit means a forfeit under section 97 of the Local Government (Highways) Act 1982; public office has the same meaning as in the Local Government Act 1993; return day, in relation to a summons, means – the day on which a response to the summons must be lodged or filed; or the date on which the complaint is next listed before the court.

Unless the contrary intention appears, an expression defined in the Act has the same meaning in these rules of court.

In these rules of court, a reference to a form by number is a reference to the form of that number in Schedule 1.

A form set out in Schedule 1 – is to be on A4 paper that is 297 millimetres in length by 210 millimetres in width; and may be varied as circumstances require.

In any matter not otherwise provided for by these rules of court, the practice of the Supreme Court is to be followed.

A complaint is to be in accordance with Form 1.

A complaint must be sworn before a justice.

Despite subrule (2), a complaint made by a public officer does not need to be sworn before a justice.

A complaint must include a specific reference to the provision of the Act, regulation, by-law or other law that is alleged to have been contravened.

A description of property in a complaint must clearly identify the property in ordinary language.

If the offence to which the complaint relates does not require special ownership, a description of property in a complaint does not need to include the name of the owner of the property.

If property is vested in more than one person and the owners of the property are referred to in a complaint, it is sufficient –

to describe the property as owned by one named person and another or others; or to use a collective name without naming an individual if the owners of the property have a collective name.

A place, time, matter, act or omission mentioned in a complaint must be described with reasonable clarity.

If a time or place cannot be stated precisely in a complaint, it is sufficient to state the time or place as nearly as practicable.

A description of money in a complaint does not need to include the form of the money.