Courts and tribunals

About tribunals in the NT

A tribunal is similar to a court, but is less formal and deals with claims or disputes for specific areas.

The people who have been given the authority to decide on issues that go before are tribunals are not judges or magistrates.

They are professional people with specialised knowledge in that area.

Tribunals are often closed to the public.

Tribunals in the Northern Territory

There are several tribunals in the NT.

Click on the links to find out more information about these tribunals.

Northern Territory Civil Administrative Tribunal

Mental Health Review Tribunal

Go to the Department of Attorney-General and Justice website for information about the Alcohol Mandatory Treatment Tribunal.


Appeal or dispute a court decision

In the Northern Territory (NT), if you are unhappy with a conviction, sentence or civil judgment that has been handed to you in the Local Court or Supreme Court you may be able to file an appeal.

What can be appealed

You can appeal against your guilty verdict, and/or the harshness of your sentence. Prosecutors can also appeal against your case if they think your sentence is too light.

Or, you can appeal a civil judgement if there has been error of law in the decision of the tribunal, magistrate or judge. 

Appealing a Local Court or tribunal decision

You will need to apply to the Supreme Court within 28 days to have your appeal considered by the court. 

You will have a hearing before a single judge. A representative for the Director of Public Prosecutions will appear in the place of the Summary Prosecutor from the Local Court if your appeal relates to a sentence or conviction.

Similarly, if you file a civil appeal, a representative for the other party to your claim will have the right to appear at any appeal hearing.

Appealing a Supreme Court decision

If you are unhappy with a sentence, conviction or civil judgment that has been handed to you by the Supreme Court, you can apply within 28 days to have it assessed in the Supreme Court by three judges. 

This is known as the Court of Appeal or Court of Criminal Appeal.

During your appeal

During an appeal, the judges will not rehear your case. They will concentrate on whether a mistake happened in the original hearing or trial. 

They will also review your sentence or conviction to see it if it is too harsh or too light.


Being granted bail

Bail is an agreement to come back to court for a hearing if you are charged with an offence. You are allowed to go home under certain conditions, instead of being sent to prison.

You are usually entitled to receive bail for minor offences, unless there are reasons that bail should be refused.

You are unlikely to be given bail for serious offences such as murder, drug offences, sexual or violence offences.

If you don't agree to the conditions, you will not be granted bail.

Types of bail

Police bail

If you are arrested the police can sometimes grant you bail. You do not need to wait to go to court. The police must inform you of your rights to apply for bail and allow you to contact a lawyer, or other person.

Court bail

If you are refused police bail, you can apply for court bail, which means a local court judge or Supreme Court judge will decide whether to give you bail.

If they refuse, you can apply to the Supreme Court.

What the court or police will consider

Before granting bail, the courts or police will decide if there is any risk of you doing any of the following:

  • failing to appear in court
  • endangering the victim or community
  • interfering with evidence or a witness
  • committing a serious offence.

They will also consider all of the following:

  • your background
  • your criminal record
  • any previous failure to appear in court
  • the seriousness of the offence
  • the evidence against you
  • how much time you will need to spend in custody if bail is refused.

How to apply for bail

Your lawyer will apply for bail after your arrest.

If you are refused court bail, you can apply for the decision to be reviewed in the Supreme Court.

For your decision to be reviewed, you will need to do all of the following:

Step 1. Fill out the bail application form:

Step 2. Attach an affidavit outlining why the court should grant you bail.

Step 3. File your documents at the sheriff's office of the Supreme Court.

What happens if you are granted bail

You must sign a written document to say you agree with the bail conditions, called a bail undertaking.    

Bail conditions can include all of the following:

  • living at a certain address
  • a relative or friend paying a sum of money as a guarantee
  • surrendering your passport
  • not contacting specific people – for example, witnesses
  • staying away from specific places
  • not committing any other offences
  • reporting to police
  • not drinking alcohol or taking drugs.

What happens if you breach bail

Breaching bail is very serious and is considered to be a new offence.

If you breach bail, any of the following may apply:

  • you can be sent to prison for up to two years
  • be given further bail conditions
  • be given a more severe sentence
  • forfeit the money you gave as a guarantee
  • have a lower chance of being granted bail in the future
  • you can be fined.

If you fail to appear in court for your hearing, a warrant will be issued for your arrest.

Languages

Find out more in the following languages:


Common legal terms explained

Affidavit
A written, sworn statement that sets out a person’s evidence in court.

Appeal
An application to a higher court to review the decision of a lower court on the grounds that it was in some way flawed. Find out more about appeals.

Arrest
Being taken into custody by a legal authority.

Bail
Being released from legal custody if you are charged with an offence on the condition that you obey certain conditions and return to court at a specified time. Find out more about getting bail.

Barrister
A legal practitioner who has more specialised knowledge of the law, and who provides opinions to solicitors and appears in court.

Default judgment
A court’s decision against a defendant when they don’t defend their case in court. 

Defendant
This is the person legal action is brought against. This legal action could be from police, an individual or another authority. 

Defence lawyers
In the Local Court, a lawyer speaks on behalf of the defendant.

In the Supreme Court a person who is accused of a crime is represented by a barrister and a solicitor. The barrister speaks on behalf of the accused. The solicitor gives instructions to the barrister on behalf of the accused.

Expert witness
A witness who has specialised knowledge, whose opinion may help a court reach a decision.

Fine
A sum of money an offender must pay to the government as a punishment for breaking the law. Find out how to pay your fine.

Good behaviour bond
When a court orders a person to be of good behaviour for a certain period of time, they must not break the law for that period of time. It is often given instead of a fine or imprisonment. 

Injunction
A court order requiring a person to do something, or stop doing something.   

Judge
A person who controls the courtroom, interprets the law, and gives the final decision.  A judge decides if a person is guilty when there is no jury. They will always decide what punishment a person should receive if they are guilty.

Judgment
The final order of the court which says who is successful in a court action. Judgment can be in favour of plaintiff or the defendant.

Judgment creditor
A person who the court decides is owed money by another person, known as the judgment debtor. Find out more about small claims.

Judgment debt
The amount of money the court orders one person to pay another.

Judgment debtor
A person who the court decides owes money to another person, known as the judgment creditor.

Jury
Twelve people selected at random from the community. In a criminal case they decide if a defendant is guilty or not guilty based on the facts they hear in court. Find out more about jury service.

Loss of driver licence
When an offender is unable to drive a vehicle legally for a certain period of time.

Matter
Another name for a court case.

Parole
The release of a prisoner back into the community under supervision and conditions. Find out more about parole.

Plaintiff

A person or organisation that starts legal action against another person or organisation in court.  

Plea
When a person who is accused of a crime says in court whether they are guilty or not.

Privilege
When information and conversations with a lawyer remain private and cannot be revealed in court without that person’s permission.

Probation
Court orders involving supervision of an offender in the community. Find out more information about probation.

Sentencing
The punishment a magistrate or judge gives a person who is found guilty of a crime. Find out more about court cases, orders and sentencing.

Solicitor
A person qualified in law who gives legal advice, prepares cases and who may represent people in court. 

Subpoena
A notice telling a person they must appear before a court or produce something specific to a Registry for a court case.  

Summons

A notice telling a person they must appear before a court.

Tribunal
A statutory body responsible for disputes and hearings of appeals in particular areas of government. 

Witness
People who are called to give evidence in court. They will be asked questions by both the prosecutor and the defence lawyer. Read more about going to court as a witness.


Courtroom rules

Court rooms have strict rules that everyone must follow, whether you are any of the following:

  • a member of the public
  • a witness
  • a defendant. 

If you don’t follow the rules of the court you can be asked to leave, or in serious cases you can be fined or sent to jail. This is known as being in contempt of court.

Preparing for court

When preparing to go to court you should do all of the following:

  • be on time - if you are late your case might be heard without you and a warrant might be issued for your arrest
  • dress in clean, smart clothes with shoes
  • bring documents you need.

Arriving in court

You must not do any of the following:

  • leave your mobile phone or pager on 
  • wear sunglasses or a hat
  • bring food or drink
  • smoke
  • bring weapons.

You should follow the instructions of all court officers and security guards. 

During court

You must:

  • sit quietly without talking unless required for proceedings
  • do not speak to the jurors
  • do not film, record or broadcast proceedings
  • stand and bow when the judge enters or leaves the courtroom
  • call the Judge ‘your honour’ ‘sir’ or ‘madam’
  • do not stand at the back of the courtroom or in the doorway
  • bow when entering or leaving the court
  • stand when you speak to the court.

When a closed court light appears above the door it means the proceedings are closed to the public and you must not enter unless you are given permission.

If the court links to another room in a different building via a video or sound link, the same rules apply as if you were the courtroom.

If you need special equipment for your case, for example a TV monitor and video cassette player, you will need to advise the court staff before you arrive.

Find out more information about interpreter services.


Daily court lists

To find out what court cases are on in the Local Court and Supreme Court, you can read daily court lists published on the court websites.

You can also find out what is on in the Northern Territory Civil and Administrative Tribunal (NTCAT).

Local Court

Go to the Northern Territory Local Court website to view the daily court lists for the following information:

  • name of the person or organisation appearing in court
  • which courtroom the case will be heard in
  • a description of the type of hearing.

Supreme Court

Go the daily court list for the following information:

  • name of the person or organisation appearing in court
  • which courtroom the case will be heard in
  • a description of the type of hearing
  • the name of the judge or Supreme Court master who is in charge of the court case.

NTCAT

View the hearing list on the NTCAT website for the following information:

  • name of the person or organisation appearing
  • where the matter is being heard
  • a description of type of case.

Interpreter services in courts

It is important that any person who has to go to court understands what they are being asked, what they are agreeing to and what they are signing.

If you need an interpreter you should tell the court before your court date.

If you are going to court as a witness, you should tell the prosecutor or witness assistance officer as soon as you receive your summons.

For more information go to interpreting and translating services.

If you live remotely

Interpreters can usually be provided for regional or remote courts using Auslan Services.

For more information, go to the Auslan Services website.


Jury service

This guide has information for people who have been asked to serve on a jury in the Northern Territory (NT).

A jury is a panel of 12 people selected from the community who decide whether the person on trial is guilty or not.

Most criminal cases in the Supreme Court are held in front of a jury.

You can be asked to serve on a jury if:

  • you are on the electoral roll
  • are between 18 and 70 years old.

Serving on a jury is an important part of the justice system. You are participating in a process that defends the rights of Australian citizens.


Representing yourself in court

This page has information about going to court without a lawyer in the Northern Territory (NT).  

You may wish to get legal advice before you represent yourself in court.

Court staff cannot give you legal advice or any other recommendations.

Before your court date

If you need special equipment for your case, for example, a TV monitor and video cassette player, tell the court staff in advance.

Arriving in court

Courts have a strict set of rules and etiquette everyone must follow.

You should do all of the following:

  • arrive on time
  • dress in clean, smart clothing
  • bring all your documents.

If you are late, your case might be heard without you and a warrant could be issued for your arrest.

You should stand when the court speaks to you, and when you speak to the court.

To find out more about what you should do in court, go to courtroom rules.

Representing yourself in the Local Court

The Local Court Judge cannot speak to you about your case except when your case is being heard, and when the other party is there.

The Local Court Judge cannot advise you how to conduct your case. However, you can ask for the magistrate’s directions if you are in doubt about the correct procedure.  

It may make you feel more comfortable to sit in the courtroom to hear other matters, while you are waiting for your matter to be heard.

Representing yourself in the Supreme Court

There are handbooks you can read to help understand the court process in the Supreme Court.

These handbooks are not a substitute for legal advice.

Get the handbooks on the Supreme Court website.


Victim impact statement

If you have been harmed by a crime, you have the right to tell a court how it has affected you.

You can do this by writing a victim impact statement.

A victim impact statement is usually a written statement presented by the prosecutor to the court. It is given after the offender has been found guilty and before they are sentenced.

It can help the court understand how you have been harmed before they decide how the offender will be punished.

You can choose not to make a statement.

Anything you write must be truthful, accurate and relevant to the crime.

You can include details of any of the following:

  • the physical injury
  • medical treatment you have received
  • long term physical harm you may suffer
  • psychological or emotional harm
  • counselling you are receiving
  • any financial loss.

You can also include documents such as medical reports and receipts.

Victims usually prepare their own statements.

You can get help from any of the following:

  • the Witness Assistance Service (WAS)
  • the police
  • a counsellor
  • psychologist
  • psychiatrist.

You do not have to include details of the crime, as the court already knows about it.

Step 1

Write your statement.

You can download forms that will help guide you through making a statement.

Victim impact statement PDF (27.9 KB)

Victim impact statement DOCX (21.9 KB)

Step 2

Sign and date your form.

Step 3

Submit your statement by mail, email or in person to the Witness Assistance Service, or a police station if you live in a remote area.

Interpreter services can help if you have difficulty with English.

If you are the relative of a victim who died as the result of a crime, you can make a victim impact statement on their behalf.

A relative includes any of the following:

  • spouse
  • de facto partner
  • relative according to Aboriginal tradition.

If you are financially or psychologically dependent on the person you can also make a victim impact statement.

You can write the statement yourself or ask a counsellor, psychologist or psychiatrist to write it. They must also sign it.

If you don’t want to write a victim impact statement, you can still tell the prosecutor how the crime affected you. This is called a victim report, which the prosecutor will give to the court.

The prosecutor does not have to give a victim report to the court if the victim can’t be found or there are no details of the harm suffered by the victim.