Index

[References are to paragraph numbers]

A

Abnormality of mindsee Mental illness
Aboriginal and Torres Strait Islander
Care and protection
care and permanency plans, [40-080]
final care orders, [40-100]
principles, [40-000]
Access
children, tosee
court
media access, [50-020]
public access, [50-020]
Accused
absence of, [16-080]
option to appear via video, [28-220]
Address
form of, PN 1-2004
Adjournments
costs, [16-060]
court management, PN 1-2001
Mental Health and Cognitive Impairment Forensic Provisions Act 2020, inquiries under, [30-060]
prison discipline hearings, [68-060]
Admissions of children, Children’s Court, [38-020]
Affirmations, [64-000], [64-020]
interpreters, [14-020]
Alcohol and drug intoxicationsee Drink driving; Drug offences; Involuntary drug and alcohol treatment
community correction order, [16-320]
Alibi defence, [28-200]
Amendments, Commonwealth offences, [18-060]
Appeals
application notice proceedings, [52-020]
bail, [20-800], [52-120]
civil, [52-080]
conviction, against, [52-020], [52-060]
defendant unaware of initial proceedings, [52-020]
District Court, to, [52-000], [52-060]
Land and Environment Court, to, [52-000], [52-100]
relevant legislation, [52-000]
review of decisions of Local Court, [52-000], [52-020]
sentence, against, [52-020], [52-060]
Small Claims Division, [32-140]
stay of sentencing upon notice of appeal, [52-040], [52-060], [52-100]
Supreme Court, to, [52-000], [52-040]
time limits, [52-020], [52-060]
Application notice proceedings, [52-020]
Apprehended violence orders
abbreviations, [22-000]
appeals against, [22-120], [52-020]
appeals to District Court, [22-240]
application for, [22-020]
dismissal, [22-120]
opposition, [22-080]
post-order, [22-120]
service, [22-040]
apprehended domestic violence orders, [22-020], [56-080]
apprehended personal violence orders, [22-020], [56-080]
case management orders
PN/22012, application of, [22-080]
children
evidence, giving, [22-080]
proceedings involving, [22-060]
statutory obligations in regard to, [22-060]
Children’s Court, [38-340]
applications, variation,revocation, [24-040]
case management, [24-040]
child witnesses, [24-040]
Children’s Court Practice Note 8, [24-020]
evidence, [24-040]
Family law orders, contact, [24-040]
identifying information, [24-040]
introduction, [24-000]
jurisdiction, [24-020]
make, vary or revoke, [24-020]
making orders, [24-040]
orders, applications, [24-040]
other orders, [24-040]
police-initiated orders, protected person/child, [24-040]
procedures, [24-040]
proceedings, absence of public, [24-040]
proceedings, child defendant, [24-020]
proceedings, considerations, [24-040]
statutory obligation, [24-040]
support person, [24-040]
variation, family law orders, [24-040]
children, considerations, [22-120]
consent orders, [22-060], [22-120]
contested hearings, [22-100]
evidence, giving, [22-100]
costs, [22-100], [22-160], [56-080]
domestic violence orders, [22-020]
duration of, [22-060]
duration, orders, [22-120]
eligible persons, [22-020]
exclusion from premises, [22-080]
expired AVO, revocation of, [22-120]
explanation of, [22-060]
family law orders, alteration of existing, [22-080]
final orders
duration, [22-060]
timing, [22-060]
finding of guilt, [22-060]
discretion to vary order, [22-060]
final orders, [22-140]
orders, making, [22-060]
finding of guilt, discretion to vary existing order, [22-220]
first listing, [22-060]
interim orders, [22-060]
contested applications, [22-080]
duration, [22-060]
interstate orders, [22-120]
interstate orders, registration and variation, [22-220]
introduction, [22-000]
Local Court procedure, [22-000]
matters to consider, [22-080]
mediation, [22-060]
referral to, [22-080]
non-publication prohibitions, [22-200]
objects of the Act, [22-000]
other pending proceedings, [22-140]
overview
addresses, non-inclusion of, [22-060]
personal violence orders, [22-020]
persons who may seek, [22-020]
power of the court to make, [22-060]
procedure for evidence
sexual offences, [22-100]
procedure if party not present, [22-100]
property recovery orders, [22-060]
property recovery, orders, [22-120]
provisional orders, [22-040], [22-060]
Pt 6 PN 2/2012
procedures at hearing, [22-100]
publication, prohibition against, [22-080]
related family law proceedings, obligation to disclose, [22-080]
residential address
restrictions, [22-120]
review, appeal provisions, [22-240]
right to presence of support person, [22-100]
service
applications, of, [22-040]
pre-court, [22-040]
sexual offence cases, [22-080]
statutory power to make orders
test to be applied, [22-120]
statutory requirements, explaining orders, [22-120]
stay of orders, presumption against, [22-240]
stay, presumption against, [22-120]
types of orders, [22-020]
variation and revocation of, [22-080], [22-120]
variation, final/court orders, [22-220]
vulnerable persons
procedure for evidence, [22-100]
warrant for arrest of defendant, [22-060]
warrants, [22-180]
when orders take effect, [22-120]
withdrawal of application, [22-060]
Arrest
Commonwealth offences, [18-040]
court security officers, powers, [50-100]
provisional warrants for extradition, [46-120]
warrants
Local Court proceedings, [54-000]
Arrest warrants, [16-080]
Assault, [16-360]
Assessment reports
community correction officers, [16-200]
Community Corrections, [16-200]
community service work, [16-200]
home detention, [16-200]
intensive correction order, [16-200]
Justice Health, [16-200]
matters addressed, [16-200]
Psychiatric/psychological assessment, [16-200]
request by court, [16-200]
when to request, [16-200]
sentencing, [16-200]
Assistance to authorities, and sentencing, [18-120]
Attendance noticessee Court attendance notices
Audio visual link (AVL) facilities
committal hearings, [28-120]
Auslan interpreters, [14-140]
AVOssee Apprehended violence orders

B

Bail
appeal, on, [20-800], [52-120]
appear, requirement to, [20-020], [20-040]
failure to appear, [20-640]
applications, [20-120]
dealing with, [20-220]
discretionary grounds to refuse hearing, [20-440]
fresh, procedure for, [20-460]
power to hear, [20-140]
arrest for Commonwealth offences, [18-040]
bail acknowledgements, [20-540]
failure to comply with, [20-600], [20-620]
Bail Act 2013, [20-000]
application of, [20-240]
legislative purpose, [20-020]
Children’s Court, [38-040]
release to demonstrate rehabilitation, [38-120]
conditional release, procedure for, [20-340]
conditions, [20-360]
failure to comply with, [20-600]
powers of bail authorities, [20-620]
criminal proceedings, Children’s Court, [38-040]
Cth child sex offences, [20-820]
decisions by the court, [20-060]
deferral due to intoxication, [20-200]
eligible persons, [20-080]
statutory flow chart, [20-300]
stay of decision for serious offences, [20-520]
test applied, [20-300]
timing, [20-220]
deferral of sentencing
intervention program, [16-220]
rehabilitation, [16-220]
definition, [20-040]
duration, [20-100]
eligible persons, [20-080]
extradition cases, [46-060]
extradition proceedings, [20-230]
first appearance, upon, [20-160]
grant, procedures following, [20-480]
accused remains in custody, where, [20-500]
appear, requirement to, [20-560]
guarantors, [20-740]
application for discharge of liability, [20-780]
variation applications and, [20-760]
intoxication, deferral of decision, [20-200]
jurisdictional issues, [20-150]
Local Court, restrictions on, [20-150]
Mental Health and Cognitive Impairment Forensic Provisions Act 2020, inquiries under, [30-180]
offences committed while on, [38-180]
persons under restraint, [46-040]
procedure on remand on, [46-060]
proceedings
limitation on adjournment following, [20-400]
multiple applications for release following, [20-420]
rules of evidence, [20-260]
reasons to be recorded, [20-320]
refusal of, [20-380]
repeat juvenile offenders, [38-040]
restrictions on Local Court, [20-150]
right to release, [20-300]
right to release, offences carrying, [20-300]
rules of evidence, [20-260]
serious offences
definition, [20-300]
show cause, [20-300]
stay of decision for, [20-520]
standard of proof, [20-280]
statutory flow chart, bail decisions — s 16(3), [20-300]
statutory flow chart, show cause requirement in s 16, [20-300]
test to be applied, [20-300]
unacceptable risk test, [20-300]
variation, [20-660]
application for, [20-700]
bail guarantors and, [20-760]
eligible persons, [20-700]
first appearance, on, [20-680]
notice requirements, [20-720]
young offenders, [38-040]
Bail Act
exceptional circumstances requirement, [20-300]
Barristers
court privilege and process, responsible use, [70-040]
delinquent or guilty clients, [70-020]
efficient administration of justice, [70-060]
evidence, integrity, [70-080]
frankness in court, [70-000]
prosecutor, duties, [70-100]
Bench warrants, replacement of, [16-080]
Body corporate, [18-100], [18-380]

C

Care and protection
Aboriginal and Torres Strait Islander principles, [40-000]
Aboriginal or Torres Strait Islander
care and permanency plans, [40-080]
alternatives to care applications, [40-140]
applications, [40-020]
breach of care orders, [40-200]
care applications
registration, [40-140]
care order, [40-020]
costs, [40-120]
emergency care and protection order, [40-020]
establishment phase, [40-060]
determination, [40-060]
grounds, [40-060]
previous removal of other child, [40-060]
final care orders, [40-100]
contact orders, [40-100]
duration, [40-100]
guardianship order, [40-100]
Minister, [40-100]
parental responsibility, [40-100]
prohibition, [40-100]
restrictions, [40-100]
suitability reports and progress review, [40-100]
supervision orders, [40-100]
support services, [40-100]
therapeutic treatment, [40-100]
undertakings, [40-100]
variation, [40-100]
guardianship orders, [40-020]
hearings, [40-040]
appearance and legal representation, [40-040]
direct legal representative, [40-040]
expeditious and non-adversarial, [40-040]
explanation, [40-040]
general nature, [40-040]
guardian ad litem, [40-040]
independent legal representative, [40-040]
names and identifying information, publication of, [40-040]
opportunity to be heard, [40-040]
persons excluded, [40-040]
representation, [40-040]
right to appear, [40-040]
rules of evidence, [40-040]
siblings, views of, [40-040]
standard of proof, [40-040]
support person, [40-040]
witnesses, examination and cross-examination of, [40-040]
interim orders, [40-020]
variation, [40-160]
objects, [40-000]
paramountcy principle, [40-000]
parent capacity orders, [40-180]
permanent placement principle, [40-000]
placement, [40-080]
Aboriginal or Torres Strait Islander, permanency planning, [40-080]
assessment, [40-080]
care plans, [40-080]
Children’s Court Clinic, [40-080]
consideration of care and permanency plans, [40-080]
dispute resolution, [40-080]
permanency planning, [40-080]
restoration, realistic possibility of, [40-080]
principles, [40-000]
representation
direct legal representative, [40-040]
independent legal representative, [40-040]
rescission of care orders, [40-160]
serious or persistent conflict, [40-220]
alternative parenting plan, [40-220]
support person, [40-040]
guardian ad litem, [40-040]
unacceptable risk of harm test, [40-000]
variation
interim orders, [40-160]
leave of the court, [40-160]
variation of care orders, [40-160]
case conference certificates
when not required, [28-120]
Case managementsee Court and case management, Local Court
Character referencessee Testimonials, by judicial officers
Child protection register, child offenders, [38-240]
Childrensee ; Children’s Court;
abuse of, [18-280]
apprehended violence order proceedings, [22-060], [22-080]
evidence, giving, [22-080]
statutory obligations, [22-060]
competence, [10-000]
evidence of, [10-000]
CCTV, [10-080]
committal proceedings, [10-160]
compellability, [10-000]
in camera, [10-140]
methods of giving evidence, [10-040]
pre-recorded interview, [10-060]
publication, [10-140]
support persons, [10-100]
unrepresented accused, questioning by, [10-120]
Children’s Courtsee
admissions, [38-020]
application of the Young Offenders Act, [38-320]
apprehended violence orders, [38-340]
young person, commenced against, [38-340]
young person, protection of, [38-340]
background reports, [38-100]
bail, [38-040]
release to demonstrate rehabilitation, [38-120]
bonds, [38-080], [38-120]
breach of good behaviour bond, probation and release for compliance with outcome plan, [38-300]
breach of suspended sentence, [38-300]
Care and protection, [40-000]
cautions, [38-080], [38-120], [38-320]
non-compliance, [38-320]
closed court for criminal proceedings, [38-020]
committal
other than “serious indictable offence”, [38-060]
trial at election of child, [38-060]
trial/sentence, [38-060]
Commonwealth offences, [38-020]
community service orders, [38-080], [38-140], [38-120]
compensation orders, [38-080], [38-280]
control orders, [38-080], [38-180]
costs, [38-280]
criminal jurisdiction, [38-000]
criminal procedure, [38-000], [38-020]
detention
forensic procedures, [38-020], [38-080]
questioning, for, [38-020]
discharge prior to expiration of non-parole period, [38-180]
dismissal of charge, [38-080], [38-120]
doli incapax, [38-020]
driving matters, [38-020]
explaining the proceedings, [38-020]
fine and bond, [38-120]
fines, [38-080], [38-120]
fingerprinting of children, [38-020], [38-080]
hearing juvenile and adult cases together, [38-060]
hierarchy of penalties, [38-080]
homeless offenders, [38-040]
licence disqualification or forfeiture, [38-200]
mental health, [38-260]
non-association orders, [38-220]
other offences, taking into account, [38-020]
outcome plans, [38-320]
out-of-home care, [38-340]
parental responsibility, [38-080]
parole orders, [38-180], [42-000]
place restriction orders, [38-220]
placement on child protection register, [38-240]
presence of responsible person, [38-020]
principles binding the court, [38-020]
probation orders, [38-080], [38-140]
records, [38-080]
referral
conferencing, for, [38-080], [38-320]
rehabilitation, [38-080]
release on bail to demonstrate rehabilitation, [38-120]
release on condition to comply with outcome plan, [38-120]
sentencing, [38-080], [38-120]–[38-180]
supervision, [38-140]
suspended control orders, [38-080]
suspended sentences, [38-080], [38-160]
transfer of back up and related offences, [38-060]
victims’ compensation levy, [38-280]
youth justice conference, [38-080], [38-120], [38-320]
Circumstantial evidencesee Evidence
Civil proceedingssee Small Claims Division, Local Court
Local Court, case management, PN Civ-1
Clinical Nurse Consultants, [30-000]
Closed court, Children’s Court, [38-020]
Cognitive impairmentsee Mental Health and Cognitive Impairment Forensic Provisions Act 2020, inquiries under
Committal proceedings
absence of defendant, [28-240]
arrest warrants for, [16-080]
Children’s Court, [38-060]
committal hearings, [28-100], [28-160]
costs orders, [56-020]
Commonwealth committal proceedings
Witnesses, [28-140]
Commonwealth Criminal Code 1995, [18-000]
Commonwealth offences
amendments, [18-060]
arrest for, [18-040]
bail
terrorism and child sex offences, [18-020]
challenges re jurisdiction, [18-060]
child abuse, [18-280]
child sex offences, [18-020]
child sex offenders, [18-120]
commencement of prosecutions, [18-060]
Commonwealth Criminal Code 1995, [18-000]
community service orders, [18-100]
compensation, [18-120]
discharge without conviction, [18-100]
dismissal without conviction, [18-100]
explanation of penalty, [18-080]
Financial Transaction Reports Act 1988 (Cth), under, [18-380]
fines, [18-100]
general sentencing options, [18-100]
head sentence/non-parole period ratio, [18-120]
intensive correction orders, [18-100]
jurisdiction, [18-020]
Migration Act, under, [18-340]
money laundering offences, [18-260]
multiple, [18-060]
narcotic offences, [18-240]
non-parole periods, [18-120]
overview of relevant legislation, [18-000]
passport offences, [18-360]
pecuniary penalty under recognizance, [18-100]
persons suffering from mental illness, [18-140]
procedures, [18-060]
Proceeds of Crime Act, under, [18-400]
Quarantine Act, under, [18-320]
recognizance release orders, [18-120]
recognizances, [18-080], [18-100]
relating to property worth less than $500, [18-060]
reparation for loss, [18-120]
sentences of imprisonment, [18-080], [18-120]
sentencing policy, [18-080]
social security fraud, [18-220]
State courts’ jurisdiction, [18-020]
summary and indictable, [18-060], [18-240]
suspension of imprisonment, [18-100]
table of penalties, [18-160]
taking other offences into account, [18-080]
Taxation Administration Act, under, [18-180], [18-200]
Community correction order, [16-320]
additional conditions, [16-160]
community service work, [16-180]
curfew, [16-180]
limit, [16-160]
suspension, [16-160]
variation or revocation, [16-160]
alcohol or drug abstention, [16-320]
breach, [16-320]
cannot be imposed ex parte, [16-080]
commencement, [16-320]
community service work, [16-180], [16-320]
assessment reports, [16-200]
maximum hours, [16-320]
minimum period, [16-320]
conditions, [16-320]
additional, [16-320]
further, [16-320]
standard, [16-320]
suspension, [16-320]
curfew, [16-180], [16-320]
domestic violence, [16-140], [16-320]
limitation, [16-320]
maximum term, [16-320]
multiple orders, [16-180], [16-320]
non-association, [16-320]
rehabilitation or treatment programs, [16-320]
sample order, [16-320]
sentencing, [16-120]
standard conditions, [16-160]
supervision, [16-160], [16-320]
transitional provisions, table, [16-500]
Community corrections order
non-custodial sentences, table, [16-480]
Community service orders
breaches, [18-100]
children, [38-080], [38-140], [38-120]
Commonwealth offences, [18-100]
community correction order, [16-180]
explanation of nature and effect, [38-120]
intensive correction order, [16-180]
maximum periods for juveniles, [38-120]
terms and conditions, [38-120]
Community service work
assessment reports, [16-200]
Community treatment orders, [30-200]
Compensation and restitution
Commonwealth offences, [16-100], [18-080], [18-120]
factors to consider, [16-100]
magistrate’s power to award, [16-100]
maximum award, [16-100]
no conviction recorded, [16-240]
orders for, Children’s Court, [38-080], [38-280]
prison discipline, [68-100]
restitution of property, [16-100]
time for making order, [16-100]
time to pay, [16-100]
Victims Compensation Tribunal, [16-100]
Concurrent sentencessee Cumulative and concurrent sentences
Conditional release order, [16-260]
additional conditions, [16-160]
limit, [16-160]
suspension, [16-160]
variation or revocation, [16-160]
breach and revocation, [16-260]
cannot be imposed ex parte, [16-080]
commencement, [16-260]
conditions, [16-260]
additional, [16-260]
further, [16-260]
standard, [16-260]
suspension, [16-260]
time limits, [16-260]
conviction, [16-260]
discharge, [16-260]
domestic violence, [16-140]
maximum term, [16-260]
multiple orders, [16-180], [16-260]
non-custodial sentences, table, [16-480]
sample orders, [16-260]
sentencing, [16-120]
standard conditions, [16-160]
supervison, [16-160]
transitional provisions, table, [16-500]
without conviction, [16-260]
Conditional release order without conviction
sentencing, [16-120]
Conditional release, without passing of sentence, [18-100]
Confiscation
appropriate officer, definition, [36-020]
Confiscation of Proceeds of Crime Act 1989, [36-000]
applications under, [36-040]
definitions, [36-020]
conviction of a serious offence, definition, [36-020]
drug proceeds order, [36-040], [36-080]
sample, [36-080]
forfeiture order, [36-040], [36-080]
sample, [36-080]
freezing notices, [36-040]
applications, [36-060]
determination of application, [36-060]
further orders, power to make, [36-060]
property management orders following, [36-060]
legal expenses, reasonable, [36-100]
case law, [36-100]
Local Court jurisdiction, [36-040]
orders, [36-040]
duration, [36-060]
procedural aspects, [36-080]
sample, [36-060]
pecuniary penalty order, [36-040], [36-080]
sample, [36-080]
serious offences, definition, [36-020]
tainted property
case law, [36-100]
definition, [36-020]
Consecutive interpreting, [14-100]
Consent orders, [22-060]
Consumer protection
National Consumer Credit Protection Act 2009, under, [34-000]
National Credit Code, [34-000]
jurisdiction, [34-020]
proceedings
commencement, [34-100]
costs, [34-140]
credit contracts under the former Code, [34-040]
identification of defendant, [34-080]
Local Court, [34-060]
summons, service of, [34-120]
Contact orders
conflict with apprehended violence orders, [22-080]
Contempt
adjournment for defence, [48-080]
alternatives to charge, [48-040]
charge
defence, adjournment for, [48-080]
sample order, [48-080]
defence, adjournment, [48-100]
disrespectful behaviour, [48-180]
procedure, [48-200]
sentencing, [48-220]
face of the court, in, [48-020]
hearing, [48-120]
introduction, [48-000]
offence, nature of, [48-000]
penalty, [48-140]
purging, [48-160]
suggested approach, [48-060]
summary charge, [48-080]
summary charge, alternatives to, [48-040]
Supreme Court, referral to, [48-060]
Control orders, [38-080], [38-180]
Co-operation
assistance to authorities, [18-120]
Coroner’s Courtsee Deaths; Inquests; State Coroner
briefs of evidence, PN CC-1
case management, PN CC-1
closing submissions, PN CC-1
coronial briefs, [44-100]
expert evidence, reception of, PN CC-1
expert witnesses, PN CC-1
family statement, PN CC-1
findings and recommendations, PN CC-1
hearing, PN CC-1
joint expert report, PN CC-1
Practice Note 1 of 2018, PN CC-1
Practice Note 2 of 2018, PN CC-2
procedure, PN CC-1
role of,, PN CC-1
Correctional centressee Prison discipline
Costs
care and protection, [40-120]
Costs, civil matterssee Witnesses, expenses of
Commonwealth offences, [18-080], [18-100]
imprisonment not to be imposed for non-payment, [18-120]
National Credit Code proceedings, [34-140]
power of Local Court to order, PN 1-2001
restitution of property, [16-100]
Small Claims Division, [32-120]
Costs, criminal matters
amount, [56-020]
apprehended violence orders, [56-080]
awarding costs against a public informant, [56-020]
awarding costs to defendant, [56-060]
circumstances in which costs may be ordered, [56-020]
costs covered by order, [16-060]
Costs in Criminal Cases Act, application, [56-060]
costs orders, [16-060], [56-040]
Crimes Act, application, [56-080]
determining quantum of, [14-140]
indictable offences, [28-200]
“just and reasonable” grounds to award, [56-040]
no conviction recorded, [16-240]
onus on applicants, [56-020]
prerequisites for section 2 certificates, [56-060]
proceedings initiated without reasonable cause, [56-040]
reasons to be given for orders, [14-140]
Suitors’ Fund Act, application, [56-100]
time for making applications for, [14-140]
time to pay, [16-060]
unreasonable failure to investigate matters, [56-040]
who may seek, [56-000]
Court and case management, Local Court
closing court, [50-020]
costs and witnesses’ expenses, PN 1-2001
recording of proceedings, PN 1-2013
application by media representative, PN 1-2013
recording devices, use of, [50-020]
restricted access, [50-020]
restricted items, [50-020]
security officers, powers, [50-040]–[50-120]
Small Claims Division, [32-020]
vacating hearing dates, PN 1-2001
application form, PN 1-2001
Court attendance notices
absence of defendant at court, [16-080]
dismissal of, and costs, [16-060]
Credit contracts
National Credit Code proceedings
commencement, [34-100]
costs, [34-140]
credit contracts under the former Code, [34-040]
identification of defendant, [34-080]
Local Court, [34-060]
summons, service of, [34-120]
Crimes Act 1914 (Cth), scope of, [18-000]
Criminal Code Act, scope of, [18-000]
Criminal convictions, review of, [52-000], [52-020]
Criminal Listing Authority, [14-060]
Criminal matter, defined, [46-200]
Criminal proceedings
Children’s Court, [38-000], [38-020]
Cross-examination, [28-160]
Cumulative and concurrent sentences
Children’s Court, [38-180]
Commonwealth offences, [18-120]
Currency transactions, [18-380]
Custodial sentencessee ; Control orders; Imprisonment
custodial sentences, table, [16-460]
domestic violence, [16-140]
intensive correction order, [16-340]
orders, [16-120]
transitional provisions, table, [16-500]
Customs offences, [18-300]

D

Deaths
autopsies, [44-060]
elderly deceased, [44-060]
objections to, [44-060]
requirements, [44-060]
cause and manner, distinguished, [44-040], [44-220]
coroner, role of, [44-000], PN CC-2
jurisdiction, [44-020]
stage four, PN CC-2
stage one, PN CC-2
stage three, PN CC-2
stage two, PN CC-2
date and time of, [44-220]
deceased person, identification of, [44-220]
distressing information, releasing, [44-120]
health-related procedure, definition, [44-020]
institutions, in, [44-020]
lawful custody, in, [44-020]
manner of, [44-220]
medical deaths, [44-020]
missing person, [44-020]
post mortem examination, [44-060]
limitations, [44-060]
reports, interpreting, [44-060]
reportable, [44-020]
health-related procedure, [44-020]
sensitive information, releasing, [44-120]
suicide, [44-220]
suspicious, [44-020]
unknown causes, [44-020]
Debt recoverysee Small Claims Division, Local Court
Defendants, absence of, [16-080]
Department of Corrective Services, [68-060]
Detention orderssee Control orders
Detention, of childrensee Control orders
Deterrence, federal offenders, [18-080]
Discounts, in sentencing
assistance to authorities, [18-120]
Dismissal
Children’s Court, [38-080], [38-120]
conditional release order, [16-260]
hearing, after, [16-020]
matter withdrawn, [16-020]
no conviction, [16-020], [18-100]
no conviction recorded, [16-240]
no prima facie case, [16-020]
non-custodial sentences, table, [16-480]
traffic offences, [16-240]
District Court
appeals to, [52-000], [52-060]
video link to Silverwater Remand Centre, [28-220]
Domestic violence, [8-000]see also Apprehended violence orders
community correction order, [16-140], [16-320]
conditional release order, [16-140]
court appointed questioners
suggested information and advice, [8-110]
suggested procedure, [8-110]
evidence, [8-030], [8-040]
closed court, [8-030]
support person, [8-030]
vulnerable person, [8-140]
full-time detention, [16-140]
general, [8-020]
home detention, [16-140]
intensive correction order, [16-140], [16-340]
juries, [8-120]
court appointed questioner, [8-120]
persons in need of protection (PINOP), [22-060]
addresses, non-inclusion in orders, [22-060]
support persons, [8-140], [10-100]
recorded statement, [8-060]
adjournment, [8-100]
admissibility, [8-080]
service, [8-100]
self-represented defendant
court appointed questioners, [8-110]
supervision, [16-160]
transitional provisions, table, [16-500]
victim’s safety, [16-140]
Drink driving, [4-000]
alcohol, effects, [4-060]
blood alcohol concentration (BAC), measuring, [4-040]
increased risk of accident, [4-020]
staying under the limit guidelines, [4-080]
Driving offencessee Drink driving; Traffic offences
Drug offences
narcotic offences, [18-240]
Drug treatment
Involuntary, and alcohol, [60-000]
Dual criminality, [46-140]
Duty, evasion of payment, [18-300]

E

Evidence
admissibility
overseas extradition, [46-120]
apprehended violence order proceedings, [22-080]
barristers, conduct of, [70-040], [70-080]
children, [10-000]
CCTV, [10-080]
committal proceedings, [10-160]
compellability, [10-000]
in camera, [10-140]
methods of giving evidence, [10-040]
pre-recorded interview, [10-060]
publication, [10-140]
support persons, [10-100]
unreliability, [10-020]
unrepresented accused, questioning by, [10-120]
coronial witness, [44-200]
dismissal due to insufficient evidence, [16-020]
indictable offences, [28-080], [28-160], [28-180], [28-200]
audio visual link, use of, [28-120]
intellectually impaired persons, [10-000]
compellability, [10-000]
competence, [10-000]
methods, [10-040]
pre-recorded interview, [10-060]
publication of evidence, [10-140]
taking of, under the Extradition Act, [46-240]
vulnerable persons, [10-000]
compellability, [10-000]
competence, [10-000]
methods, [10-040]
pre-recorded interview, [10-060]
publication of evidence, [10-140]
Ex parte proceedings
absence as consent to offence, [16-080]
determination of, [16-080]
penalties which cannot be imposed, [16-080]
procedure, [16-080]
Explosions, inquiries into, [44-000]
Extension of arrest period, Commonwealth offences, [18-040]
Extraditionsee New Zealand, extradition to; Overseas extradition
accusations not made in good faith, [46-160]
Acts governing, [46-000]
assistance in criminal matters with foreign countries, [46-200]
Attorney-General, notice by, [46-120]
Australia, to, [46-180]
evidence, taking, [46-240]
authentication of documents, [46-140]
bail, [46-060]
consent to surrender, [46-140]
determining who is an “extraditable person”, [46-140]
entitlement to expenses, [46-060]
evidence, taking, [46-240]
hearings, [46-140]
interstate, [46-020]
objections, [46-140]
onus of proof, [46-160]
powers of the court, person under restraint, [46-040]
procedure on remand on bail, [46-060]
provisional arrest warrants, [46-120]
release from remand, [46-120]
remand, [46-120]
release of persons unnecessarily detained, [46-080]
relief from, [46-080]
state powers of, [46-020]
suppression orders, [46-080]
types, [46-000]
waiver, [46-120]
warrants
arrest, [46-020], [46-060]
Form 5, [46-220]
search and seizure, [46-120], [46-160], [46-200]

F

Failure to appear
committal proceedings, [28-240]
of defendants, [16-080]
False accounts, [18-380]
Financial transactions, offences under the Act, [18-380]
Fine
non-custodial sentences, table, [16-480]
Fines
capacity to pay, [16-300], [18-100], [38-120]
Children’s Court, [38-080], [38-120]
Commonwealth offences, [18-100]
conviction with no other penalty, [16-280]
imposition of recognizance, [16-300], [18-100]
imprisonment not to be imposed for non-payment, [18-120]
in lieu of imprisonment, [18-100]
moiety, [16-300]
penalty units, [16-300], [18-100]
sentencing, [16-120]
time to pay, [16-300]
Fingerprinting, [16-440], [38-020], [38-080]
Fire inquiries, [44-000], [44-260]
cause and origin of fire, meaning, [44-260]
death by fire, [44-260]
dispensing with inquiry, [44-260]
factors to take into account, [44-260]
types of fires, [44-260]
First instance warrants, replacement of, [16-080]
Fixed terms, [16-360]
Foreign countries
mutual assistance in criminal matters, [46-200]
requests by, for search and seizure, [46-200]
Forensic procedures
application, nature of, [58-000]
attendance of suspects, [58-060]
convicted serious indictable offender application, [58-000]
non-publication of suspect identity, [58-040]
orders, [58-040]
procedural requirements, [58-040]
retention of material, order for, [58-000]
extension of time, [58-000]
substantive matters, [58-020]
untested former offender application, [58-000]
volunteers, [58-000]
Forms of orders, Children’s Court
community correction order, [16-320]
community service orders, [38-120]
control orders, [38-180]
dismissal of charge, [38-120]
probation orders, [38-140]
Fraud, [18-220]

G

Good behaviour bonds
Children’s Court, [38-080], [38-120]
Commonwealth offences, [18-100]
Governors, of prisons, [68-020], [68-040], [68-100]
Guilty pleassee Not guilty pleas
assistance to authorities, [18-120]
barristers, conduct of, [70-020]
breaches of prison discipline, [68-060]
Commonwealth offences, [18-080]
court management, PN 1-2001
indictable offences, [28-060]

H

Hearing
date, application to vacate, PN 1-2001
form, PN 1-2001
Home detention
assessment reports, [16-200]
custodial sentences, table, [16-460]
intensive correction order, [16-140]
multiple orders, [16-180]
transitional provisions, table, [16-500]
victim’s safety, [16-140]
Human rights
provision of interpreters, [14-000]
legislative provisions, [14-020]

I

Identification
court orders, [16-440]
identity theft prevention, PN 1-2008
National Credit Code proceedings, [34-080]
persons entering court premises, [50-060]
Importing/exporting, [18-300]
Imprisonmentsee Cumulative and concurrent sentences; Parole; Prison discipline
cannot be imposed ex parte, [16-080]
commencement and expiry of sentences, [16-360]
Commonwealth offences, [18-080], [18-120]
child sex offenders, [18-120]
consecutive sentences, [16-380]
conviction with no other penalty, [16-280]
custodial sentences, table, [16-460]
failure to pay reparation, [18-120]
fines in lieu of, [18-100]
fixed term versus non-parole period and total term, [16-360]
form of orders, [16-380], [18-120]
full or partial suspension of, [18-100]
legal aid for prisoners, [68-060]
non-custodial sentences, table, [16-480]
non-parole periods, [16-360], [18-120]
preliminary steps in imposing term of, [16-360]
recognizance release orders, [18-120]
representation for prisoners, [68-060]
restrictions, [18-120]
structure of sentence, [16-360]
Indictable offences
application to waive committal hearing, [28-200]
committal, [28-040]
order, form of, [28-200]
proceedings in absence of defendant, [28-240]
Commonwealth offences, [18-060]
costs, [28-200]
Customs Act, under, [18-300]
discharge order, form, [28-200]
evidence, form of prosecution, [28-080]
giving warnings, [28-180]
guilty pleas, [28-060]
hearing application for witness to attend, [28-140]
information to be given to charged person, [28-120]
initial determination under s 62, [28-180]
introduction, [28-000]
need to comply with Div 5 of Criminal Procedure Act, [28-060]
opportunity to answer charge, [28-180]
paper committals, [28-080]
tests of evidence, [28-180]
unrepresented defendant, [28-120]
what constitutes an indictable offence, [28-020]
Inquestssee Deaths
appearance at, [44-180]
civil litigation and, [44-200]
concluding, [44-220]
conduct of, [44-200]
confidential evidence, admission of, [44-200]
conflicts of interest, [44-180]
coroner, role of, [44-000]
counsel assisting, [44-180]
court case, distinguished, [44-180]
dispensing with, [44-160]
consultation with next of kin, [44-160]
reasons for, [44-160]
request for reasons, [44-160]
findings, [44-220]
open, [44-220]
reasons for, [44-220]
sample, [44-220]
fire inquiries, [44-000], [44-260]
cause and origin of fire, meaning, [44-260]
death by fire, [44-260]
dispensing with inquiry, [44-260]
factors to take into account, [44-260]
types of fires, [44-260]
Government agencies, role of, [44-180]
inability to complete, [44-220]
jury, request for, [44-180]
legal aid, [44-200]
review panel, adjournment for, [44-200]
missing persons, [44-220]
model litigant policy, [44-180]
naming and shaming, [44-220]
opening, [44-200]
persons of interest
appearance, [44-180]
confidential evidence, [44-200]
releasing information to, [44-120]
preparation for, [44-180]
procedures, [44-180]
public interest immunity, [44-200]
recommendations, making, [44-220]
address, persons to, [44-220]
checks made prior to, [44-220]
further recommendations, [44-220]
requirement to hold, [44-160]
self-incrimination, privilege against, [44-200]
sensitivity towards grieving families, [44-200]
family statement, [44-200]
standard of proof, [44-220]
Supreme Court applications, [44-240]
suspension of, [44-220]
unrepresented next of kin, [44-200]
witnesses, [44-200]
compellability, [44-200]
objection to giving evidence, [44-200]
refusal to be examined, [44-200]
Insanitysee Mental illness
Institutions
reportable deaths, [44-020]
Intellectual disability
persons giving evidence
compellability, [10-000]
competence, [10-000]
methods, [10-040]
pre-recorded interview, [10-060]
publication of evidence, [10-140]
support persons, [10-100]
Intensive correction order, [16-340]
additional conditions, [16-160]
community service work, [16-180]
curfew, [16-180]
limit, [16-160]
suspension, [16-160]
assessment reports, [16-200], [16-340], [16-460]
cannot be imposed ex parte, [16-080]
commencement, [16-340]
community safety, [16-340]
community service work, [16-180]
assessment reports, [16-200]
maximum hours, [16-340]
minimum period, [16-340]
conditions, [16-340], [16-460]
additional, [16-340]
alcohol/drugs, [16-340]
community service work, [16-340]
curfew, [16-340]
electronic monitoring, [16-340]
further, [16-340]
home detention, [16-340]
non-association, [16-340]
place restriction, [16-340]
rehabilitation, [16-340]
revocation/breach, [16-340]
standard, [16-340]
suspension, [16-340]
curfew, [16-180]
custodial sentences, table, [16-460]
domestic violence, [16-140], [16-340]
maximum length, [16-460]
minor, [16-340]
multiple orders, [16-180], [16-340]
non-parole period, [16-340], [16-460]
restrictions, [16-340]
revocation, [16-340]
sample order, [16-340]
sentencing, [16-120]
standard conditions, [16-160]
supervision, [16-160]
transitional provisions, table, [16-500]
Intensive correction orders
breaches, [18-100]
Commonwealth offences, [18-100]
custodial sentences, table, [16-460]
International Covenant on Civil and Political Rights, [14-020]
Interpreters
assessing need for, [14-000], [14-040]
Auslan interpreters, [14-140]
capacity to communicate with witness, [14-120]
deaf and hearing impaired persons, [14-120], [14-140]
ensuring procedural fairness, [14-100]
guidelines for magistrates and judges, [14-180]
national accreditation, [14-080]
oaths and affirmations by, [14-020], [64-020]
persons in custody prior to charge, for, [14-020]
problems with interpretation, [14-160]
procedure, [14-100]
provision of, [14-060]
qualifications of, [14-080]
witnesses’ right to, [14-000]
legislative provisions, [14-020]
Interstate extradition, [46-020]
Intervention program
sentencing, [16-120]
Involuntary drug and alcohol treatment, [60-000]
definitions, [60-020]
dependency certificate, [60-140]
extension, [60-240]
program, availability, [60-040]
assessment, [60-060]
order, [60-120]

J

Joined charges, social security fraud, [18-220]
Judgments
identity theft prevention, PN 1-2008
Judicial discretion
leave to appear, granting, [66-000]–[66-040]
Jurisdiction
Commonwealth offences, [18-020], [18-060]
confiscation of proceeds of crime, [36-040]
coroner, [44-000]
Deputy State Coroner, [44-020]
reportable deaths, [44-020]
State Coroner, [44-020]
criminal jurisdiction, Children’s Court, [38-000]
National Credit Code, [34-020]
Visiting Magistrates, [68-040]
Justices
address, form of, PN 1-2004
Juvenilessee Youthful offenders

K

Killingsee Murder

L

Land and Environment Court, appeals to, [52-000], [52-100]
Legal aid, [68-060]
Legal representationsee Representation
Local Courtsee Court and case management, Local Court; Small Claims Division, Local Court
appearance, notice
summary criminal trials, Notice of appearance in summary criminal trials
case management
civil proceedings, PN Civ-1
criminal proceedings, PN Crim-1
listing advice, Local Court listing advice
vacate hearing date, Application to vacate a hearing date
civil appeals, [52-080]
committal hearings, PN Comm-1, PN Comm-2
committing of accused to Supreme or District Court by, [28-060]
confiscation of proceeds of crimesee Confiscation
criminal case processing, Criminal case processing
definitions, PN Comm-1, PN Comm-2
evidence
audio visual link, telephone, Application for witness to give evidence via audio visual link or telephone
Domestic Violence Complaints, Notice: Evidence of domestic violence complainant in criminal proceedings
review of decisions of, [52-000], [52-020]
warrants for arrest, [54-000]

M

Magistratessee Court and case management, Local Court; Visiting Magistrates
power to end evidence of a witness, [28-160]
Magistrates early referral into treatment (MERIT) programme
eligibility, PN Crim-1
nature and purpose, PN Crim-1
procedures, PN Crim-1
referrals, PN Crim-1
Manslaughtersee Murder
May v O’Sullivan dismissal, [16-020]
Medical practitioners
reportable deaths, [44-020]
Mental capacitysee Mental illness
Mental Health Act 2007, inquiries under
admission for purpose other than assessment, [30-220]
community treatment orders, [30-200]
definitions, [30-040]
mental health facility, [30-140]
mental illness, [30-040], [30-120]
mentally disordered persons, [30-040], [30-120]
mentally ill persons, [30-040], [30-120]
detention
mentally disordered persons, [30-140]
mentally ill persons, [30-140]
mental health facility, [30-140]
relevant person, [30-160]
Mental Health and Cognitive Impairment Forensic Provisions Act 2020
cognitive impairments, [30-020]
Mental Health (Forensic Provisions) Act 1990, comparison table, [30-000]
mental health impairments, [30-020]
Mental Health and Cognitive Impairment Forensic Provisions Act 2020, inquiries under
adjournment, [30-060]
admission for purpose other than assessment, [30-200]
application by defendant, [30-060]
documentation, [30-060]
bail, [30-120], [30-180]
breach proceedings, [30-100]
defendants in custody, [30-240]
definitions, [30-040]
cognitive impairment, [30-040]
mental health impairment, [30-040]
detention, [30-140]
release following assessment, [30-140]
return to court following assessment, [30-140], [30-180]
discharge, [30-060]
suggested order, [30-080]
discretionary factors, [30-060]
public interest, [30-060]
enforceability of conditional discharge orders, [30-080]
orders under s 19, [30-120]
suggested order, [30-120]
persons found to be mentally ill, [30-120]
persons not found to be mentally ill, [30-120]
prosecution, s 19 orders, [30-160]
suggested conditional discharge order, [30-080]
suggested orders, [30-060]
Mental Health and Cognitive Impairment Forensic Provisions Act 2020, inquiries under Part 3
sentencing for Commonwealth offences, [18-140]
Mental Health and Cognitive Impairment Forensic Provisions Act 2020, inquiries under Pts 2 and 3
overview of, [30-000]
Mental health impairmentsee Mental Health and Cognitive Impairment Forensic Provisions Act 2020, inquiries under
Mental illnesssee ; Mental Health Act 2007, inquiries under; Psychological assessment
Migration offences, [18-340]
Minor offences, [18-120], [68-020]
Misleading or deceptive conduct
barristers, [70-000]
Missing persons
findings of coronial inquest, [44-220]
suspected death, [44-020]
Multiple offences
non-custodial sentences, table, [16-480]
Multiple offences, Commonwealth, [18-060], [18-220]
custodial sentences, table, [16-460]
Murder
reportable deaths, [44-020]

N

Narcotic offencessee Drug offences
New Zealand, extradition to
accusations not made in good faith, [46-160]
applicability, [46-160]
arrest and remand on endorsed or provisional warrants, [46-160]
endorsement of New Zealand warrants, [46-160]
evidence contradicting allegation, [46-160]
onus of proof, [46-160]
order for release, [46-160]
provisional arrest warrants, [46-160]
release from remand, [46-160]
review of order, [46-160]
search warrants, [46-160]
surrender proceedings, [46-160]
unjust or oppressive, [46-160]
No conviction recorded, [16-240], [18-100]
unsuitability to various offences, [16-240]
Non-appearancesee Failure to appear
Non-association or place restriction order
cannot be imposed ex parte, [16-080]
Non-custodial sentencessee ;
custodial sentences, table, [16-460]
intensive correction order, [16-340]
non-custodial sentences, table, [16-480]
transitional provisions, table, [16-500]
Non-English speaking witnessessee Witnesses
Non-parole periods
Children’s Court, [38-180]
intensive correction order, [16-340]
ratio of to head sentences, [18-120]
setting of in head sentence of imprisonment, [16-360]
Non-publication and suppression orders
appeals, [62-020]
application, [62-020]
automatic, [62-000]
provisions, [62-040]
contravention, [62-020]
court-made, [62-020]
content, [62-020]
procedure, [62-020]
provisions, [62-060]
duration, [62-020]
form, [62-100]
interim orders, [62-020]
legislation, [62-040], [62-060]
application, [62-020]
review, [62-020], [62-120]
Not guilty pleas, [68-060]see also Guilty pleas
barristers, conduct of, [70-020]

O

Oaths
children, [10-000]
Evidence Act, under, [64-000]
forms of, [64-020]
interpreters, [14-020]
non-English speaking persons, [14-100]
Onus of proof
extradition proceedings, [46-160]
Orderssee Apprehended violence orders; ; Community service orders; Contact orders; Control orders; ; Forms of orders, Children’s Court; ; Parole; Probation orders, Children’s Court; ;
Assessment report, [16-000]
Community Correction Order, [16-000], [16-120], [16-320]
Community treatment orders, [30-200]
Conditional Release Order, [16-000], [16-120], [16-260]
conditional release order without conviction, [16-120]
conviction, [16-120]
conviction with no other penalty, [16-280]
custodial sentences, table, [16-460]
domestic violence, [16-140]
fine, [16-120]
Intensive Correction Order, [16-000], [16-120], [16-340]
intervention program, [16-120]
Mental Health and Cognitive Impairment Forensic Provisions Act 2020, orders under s 19, [30-120]
multiple orders, [16-180]
non-custodial sentences, table, [16-480]
transitional provisions, table, [16-500]
Outstanding charges, sentencing by reference to, [16-400]
Overseas extraditionsee New Zealand, extradition to
admissibility of evidence, [46-120]
arrest on provisional warrants, [46-120]
Attorney-General, notice by, [46-120]
Extradition Act, [46-100]
provisional warrants, [46-120]
arrest on, [46-120]
release from remand, [46-120]
remand on, [46-120]
search warrants, [46-120]
warrant
Form 5, [46-220]

P

Paper committals, [28-080]
Parole
conditions, [16-360]
non-parole periods, [16-360], [18-120], [38-180]
offences committed while on, [38-180]
parole orders, Children’s Court, [38-180], [42-000]
Passports
Commonwealth offences involving, [18-360]
Pecuniary penalties under recognizances, [18-100]
Penaltiessee Fines
Commonwealth offences, [18-080], [18-160]
explanation of, [18-080]
prison discipline, [68-080]
social security fraud, [18-220]
taxation offences, [18-200]
Persons in custody, [46-080]
Persons under restraint, and extradition, [46-040]
Pleassee Guilty pleas; Not guilty pleas
Police
coronial investigation scene, [44-080]
costs against police complainants, [56-080]
investigation under order from coroner, [44-080]
right of appearance, [66-000], [66-020]
Post mortems
coronial certificate, [44-060]
examinations, [44-060]
limitations, [44-060]
reports, interpreting, [44-060]
objections to examination, [44-060]
coroner’s response, [44-060]
Pre-sentence reports
assessment reports, [16-200]
Prison discipline
adjournment of hearings, [68-060]
antecedents, [68-060]
appeals against decisions of Visiting Magistrates, [68-120]
appointment of Visiting Magistrates, [68-020]
breaches, [68-020]
compensation, [68-100]
cumulative punishment, [68-100]
forms of orders, [68-140]
inspections by Visiting Magistrates, [68-020]
jurisdiction of Visiting Magistrates, [68-040]
other criminal proceedings for the same offence, [68-140]
penalties, [68-080]
procedure at hearings before Visiting Magistrates, [68-060]
provision for inquiries, [68-020]
recording of punishment, [68-100]
relevant legislation, [68-000]
standard of proof, [68-060]
transfer of proceedings, [68-040]
Probation orders, Children’s Court, [38-080], [38-140]
Proceeds of crime
commonwealth offences, [18-400]
confiscationsee Confiscation
Prohibited drugssee Drug offences
Prohibited imports, [18-300], [18-320]
Property
confiscationsee Confiscation
management orders, [36-060]
Property, in Family Law matters
property recovery orders, [22-060]
Prosecutors
duties, [70-100]
Provisional warrants, extradition, [46-120], [46-160]
remand, [46-120]
Psychological assessment, [30-120]
assessment reports, [16-200]
Publication
non-publication and suppression orderssee Non-publication and suppression orders

Q

Quarantine offences, [18-320]

R

Recognizances
breach of, [18-100]
breaches of recognizance, [18-100]
Commonwealth offences, [18-080], [18-100]
explanation of, [18-080], [18-100]
fines, with, [18-100]
pecuniary penalties, with, [18-100]
release orders for Commonwealth offences, [18-120]
terms and conditions, [18-100]
Referencessee Testimonials, by judicial officers
Rehabilitation, [16-220]
deferral of sentencing, [16-220]
Remote witness video facilities, [12-000]
judicial officers, [12-000]
legal representatives, [12-020]
Sheriff’s/Court officers, [12-060]
support persons, [12-080]
system setup checklist, [12-040]
Reparationsee Compensation and restitution
Representationsee Unrepresented parties
option of represented accused to appear via video, [28-220]
prisoners, [68-060]
right of appearance, [66-000]–[66-040]
Restitutionsee Compensation and restitution
Right of appearance, [66-000]–[66-040]
Road accidents
alcohol and, [4-000]
blood alcohol concentration (BAC), measuring, [4-040]
effect of, [4-060]
increased risk of accident, [4-020]
speed and driving, [4-100]
staying under the limit guidelines, [4-080]

S

Search warrants
coroner’ power to issue, [44-080]
extradition, relating to, [46-120], [46-160], [46-200]
Security
court powers, [50-040]–[50-120]
entry and use of court premises, [50-020]
officers, powers, [50-040]–[50-120]
Self-incrimination, privilege against, [44-200]
Sentencingsee Appeals; Assistance to authorities, and sentencing; ; Cumulative and concurrent sentences; Fines; Home detention; Imprisonment; ; Parole; ; Pre-sentence reports
assessment reports, [16-200]
assistance to authorities, [18-120]
breaches of recognizances, [18-100]
Children’s Court, [38-080], [38-120]–[38-180]
background reports, [38-100]
commencement and expiry of sentence, [18-120]
Commonwealth offences, [18-080], [18-100], [18-120]
community correction order, [16-120], [16-320]
conditional release order, [16-120], [16-260]
conditional release without sentencing, [18-100]
consideration of other offences, [18-080]
conviction with no other penalty, [16-280]
correcting errors, [16-420]
custodial sentences, table, [16-460]
deferral of, [16-220], [18-120]
deterrent effect of, [18-080]
dismissal, [16-120], [16-240]
domestic violence, [16-140]
fine, [16-120]
fines in lieu of imprisonment, [18-100]
head sentence/non-parole period ratio, [18-120]
intensive correction order, [16-120], [16-340]
intervention program, [16-120], [16-220]
matters to be taken into account, [18-080]
no conviction recorded, [16-240], [18-100]
non-custodial sentences, table, [16-480]
persons suffering from mental illness, [18-140]
principles, [38-080]
prisoners serving federal sentence, [18-120]
reduction for promised co-operation, [18-080]
reference to outstanding charges, by, [16-400]
rehabilitation, [16-220]
sentencing principles in taxation offences, [18-180]
severity of, [18-080]
special circumstances, [16-360]
stay of, upon notice of appeal, [52-040], [52-060], [52-100]
suspended sentences, [38-080], [38-160]
transitional provisions, table, [16-500]
Youth Koori Court, [38-080]
Sexual offences, [28-140], [38-240]
Small Claims Division, Local Court
appeals, [32-140]
case management, [32-020]
compulsory settlement attempts, [32-060]
costs, [32-120]
expenses, [32-120]
hearings, [32-080]
motions, [32-040]
nature and purpose, [32-000]
pre-trial management, [32-020]
transfer of proceedings, [32-100]
witnesses, [32-080]
Smuggling, [18-300]
Social security fraud, [18-220]
Special reasons, committal hearings, [28-140]
Standard of proofsee Onus of proof
pleas of not guilty, [68-060]
proceeds of crime, [18-400]
taxation offences, [18-180]
Standards, in court managementsee Court and case management, Local Court
State Coronersee Coroner’s Court; Deaths; Inquests
basic issues, [44-040]
briefs of evidence, PN CC-1
circulars, [44-280]
coronial briefs, [44-100]
coronial investigation scene, [44-080]
counsel assisting, working with, [44-180]
directions hearings, PN CC-1
distressing information, releasing, [44-120]
DPP, report to, [44-220]
findings, [44-220]
functus officio, [44-160]
independent experts, reports from, [44-100]
costs, [44-100]
key questions, [44-040]
naming and shaming, [44-220]
National Coroners Information Scheme, [44-220]
non-publication orders, [44-220]
objections to post mortem examination, [44-060]
response to, [44-060]
police investigations, [44-080]
post mortem examination, [44-060]
limitations, [44-060]
reports, interpreting, [44-060]
preparation for inquest, [44-180]
reasons for recommendations, giving, [44-220]
recommendations, making, [44-220]
address, persons to, [44-220]
checks made prior to, [44-220]
further recommendations, [44-220]
honours, awarding, [44-220]
records, power to obtain, [44-100]
reports, form and content, [44-020]
sample forms, [44-020]
resources, [44-280]
role of, [44-000]
search warrants, [44-080]
sensitive information, releasing, [44-120]
Supreme Court applications, [44-240]
State courts’ jurisdiction
Commonwealth offences, [18-020]
State powers
extradition, [46-020]
Substantial reasons
committal hearings, [28-140]
Suicide, [44-220]
Summary offences
cognitive impairments, [30-020]
Commonwealth offences, [18-060]
costs orders, [56-020]
Customs Act, under, [18-300]
mental health impairments, [30-020]
Summonses, [52-040]
Suppression orders, extradition, [46-080]
Supreme Court
appeals to, [52-000], [52-040]
application from coronial inquest, [44-240]
contempt orders, [48-060]
Surrender hearingssee New Zealand, extradition to
Attorney-General, surrender determination, [46-140]
consent to surrender, [46-140]
eligibility for surrender, [46-140]
extradition hearings, [46-140]
extradition objections, [46-140]
jurisdiction, [46-140]
reasonable time to prepare, [46-140]
“supporting documents”, meaning, [46-140]
Suspended sentences, [38-080]
children, [38-160]

T

Tainted property, [18-400]
Taxation offences, [18-180], [18-200]
Testimonials
judicial officers, by, [72-000]
Total terms, [16-360]
Traffic offencessee Drink driving
alcohol-related offences
table, [2-020]
alcohol-testing offences
table, [2-040]
appeal, [2-000]
Children’s Court
licence disqualification or forfeiture, [38-200]
conviction with no other penalty, [16-280]
Crimes Act 1900
table, [2-040]
dismissal of, [16-040], [16-240]
disqualifications
removal of, [2-000]
driving licence suspension
table, [2-040]
driving licence unlawful use
table, [2-040]
drug-related offences
table, [2-020]
drug-testing offences
table, [2-040]
guideline judgment, [2-000], [2-040]
heavy vehicle
table, [2-040]
imprisonment, [2-000]
interlock program
interlock orders, [2-000]
intervention program, [2-040]
jurisdiction, [2-000]
key provisions, [2-000]
Law Enforcement (Powers and Responsibilities) Act 2002
table, [2-040]
licence suspension, [2-000]
limitations, [2-000]
major offence, [2-000]
major offences, [2-020]
multiple major offences, [2-000]
negligent driving
table, [2-040]
never-eligible offence, [2-000]
offence-free period, [2-000]
registration
table, [2-040]
Road Rules 2014, [2-000]
serious driving offences
table, [2-020]
speeding offences
table, [2-040]
street racing
table, [2-040]
unsafe loads
table, [2-040]

U

Uncontrollable childrensee Control orders
Unrepresented partiessee Representation
child witnesses, questioning, [10-120]
indictable offences, [28-120]
unrepresented prisoners in District Court, [28-220]

V

Victims Compensation Tribunal, [16-100]
Victims of crime, directions to attend hearing, [28-140]
Victims support levy, [38-280]
Video facilities, remote, for witnesses, [12-000]
judicial officers, [12-000]
legal representatives, [12-020]
Sheriff’s/Court officers, [12-060]
support persons, [12-080]
system setup checklist, [12-040]
Video link, between District Court and Remand Centre, [28-220]
Violent offencessee Apprehended violence orders; Domestic violence
Visiting Magistrates
appeals against decisions of, [68-120]
appointment, [68-020]
imposition of cumulative punishment, [68-100]
jurisdiction, [68-040]
may order compensation, [68-100]
penalties imposed by, [68-080]
prison inspections, [68-020]
procedure at hearings before, [68-060]
recording of punishment, [68-100]
transfer of proceedings, [68-040]
Vulnerable person
children, [10-000]
competence generally, [10-000]
cognitively impaired, [10-000]
establishing competence, [10-000]
sworn evidence, [10-000]
evidence
closed circuit television, [10-080]
compellability, [10-000]
in camera, [10-140]
in committal proceedings, [10-160]
pre-recorded interview, [10-060]
publication, [10-140]
unreliability, [10-020]
questioning by unrepresented defendant, [10-120]
support persons, [10-100]
Vulnerable witnesses
Commonwealth committal proceedings, [28-140]

W

Warrantssee Extradition
arrest warrants, [16-080]
Local Court proceedings, [54-000]
Witnessessee Interpreters
children as, [10-000]
coronial inquests, [44-200]
cross-examination, [28-160]
directions to attend hearing, [28-140]
expenses, PN 1-2001
magistrates’ power to end evidence of, [28-160]
non-English speaking, [14-040], [14-100]
oaths and affirmations by, [64-020]
objection to giving evidence, [44-200]
remote witness video facilities, [12-000]
right to interpreters, [14-000]
legislative provisions, [14-020]
Small Claims Division, [32-080]
warning by coroner, [44-200]
Words and phrases
“court premises”, [50-000]
“domestic relationship”, [22-040]
“just and reasonable”, [56-040]
“prescribed taxation offences”, [18-180]
“published”, [44-220]
“smuggling”, [18-300]

Y

Youth Koori Court
Practice Note 11, [38-080]
sentencing, [38-080]
Youthful offenders
bail, [38-040]