Magistrates Court Act 2004
Magistrates Court Regulations 2005
Reprint 1: The regulations as at 17 August 2012
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
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3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
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Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
·removed (because it was repealed or deleted from the law); or
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The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
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Magistrates Court Regulations 2005
CONTENTS
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
Part 2 — Metropolitan courts
4.JP not to constitute court unless requested to do so2
5.When 2 JPs may constitute the court in civil cases2
6.When 2 JPs may constitute the court in criminal cases3
7.When one JP may constitute the court in criminal cases4
Part 3 — Country courts
8.JP not to constitute court unless requested to do so5
9.When 2 JPs may constitute the court in civil cases5
10.When 2 JPs may constitute the court in criminal cases6
11.When one JP may constitute the court in criminal cases7
Part 4 — Miscellaneous
12.Persons prescribed (Act s. 33(7)(i))8
Notes
Compilation table9
Defined Terms
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Magistrates Court Act 2004
Magistrates Court Regulations 2005
These regulations are the Magistrates Court Regulations 2005 1.
These regulations come into operation on the day on which the
In these regulations, unless the contrary intention appears —
country court means the
metropolitan court means the
4.JP not to constitute court unless requested to do so
(1)A JP must not constitute a metropolitan court, either alone or with another JP, unless he or she has been requested to do so by —
(a)a registrar; or
(b)a deputy registrar who has been directed by a magistrate or a registrar to make the request.
(2)A registrar must not request a JP to constitute a metropolitan court, and a registrar must not direct a deputy registrar to make such a request, unless —
(a)a magistrate has requested that the court be constituted by JPs; or
(b)it is not practicable for a magistrate to constitute the court at the time when and the place where the court has to sit.
5.When 2 JPs may constitute the court in civil cases
(1)A metropolitan court constituted by 2 JPs alone may deal with an application made under the Restraining Orders Act 1997 for a violence restraining order at a hearing in the absence of the respondent fixed under section 26(2) of that Act.
(2)A metropolitan court constituted by 2 JPs alone may adjourn the following for hearing by the
(a)an application made under the Prohibited Behaviour Orders Act 2010 section 5 for a PBO;
(b)an application made under the Prohibited Behaviour Orders Act 2010 section 21 to vary or cancel a PBO.
(3)A metropolitan court constituted by 2 JPs alone must not deal with PBO proceedings under the Prohibited Behaviour Orders Act 2010 except as permitted by subregulation (2).
[Regulation 5 amended in Gazette 24 Jun 2011 p. 2507‑8.]
6.When 2 JPs may constitute the court in criminal cases
A metropolitan court constituted by 2 JPs alone may do any of the following —
(a)perform the court’s functions under the Bail Act 1982 sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the Restraining Orders Act 1997 section 63(1);
(b)deal with an application made under the Criminal Procedure Act 2004 for an adjournment and perform the court’s functions under section 75 of that Act;
(c)adjourn a charge of a simple offence that, under the Criminal Procedure Act 2004 section 50(3), 52(1) or 53(1), has to be adjourned to a new court date;
(d)deal with a charge of a simple offence under the Road Traffic Act 1974 if —
(i)under the Criminal Procedure Act 2004, the accused has been served with a summons or a court hearing notice in relation to the offence; and
(ii)the accused is present in court; and
(iii)both the accused and the prosecutor consent to the prosecution being dealt with by the court constituted by 2 JPs alone; and
(iv)the accused pleads guilty;
(e)deal with a charge of a simple offence under the Road Traffic Act 1974 if —
(i)under the Criminal Procedure Act 2004, the accused has been served with a summons or a court hearing notice in relation to the charge; and
(ii)the accused is not present in court,
and either —
(iii)the court has received a written plea of guilty to the charge from the accused under the Criminal Procedure Act 2004; or
(iv)the court has not received a written plea from the accused under the Criminal Procedure Act 2004.
7.When one JP may constitute the court in criminal cases
(1)One JP must not constitute a metropolitan court unless advised by a registrar or a deputy registrar that it is impracticable in the circumstances to also request a second JP to constitute the court.
(2)A metropolitan court constituted by one JP alone may do any of the following —
(a)perform the court’s functions under the Bail Act 1982 sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the Restraining Orders Act 1997 section 63(1);
(b)deal with an application made under the Criminal Procedure Act 2004 for an adjournment and perform the court’s functions under section 75 of that Act;
(c)adjourn a charge of a simple offence that, under the Criminal Procedure Act 2004 section 50(3), 52(1) or 53(1), has to be adjourned to a new court date.
8.JP not to constitute court unless requested to do so
(1)A JP must not constitute a country court, either alone or with another JP, unless he or she has been requested to do so by —
(a)a registrar; or
(b)a deputy registrar who has been directed by a magistrate or a registrar to make the request.
(2)A registrar must not request a JP to constitute a country court, and a registrar must not direct a deputy registrar to make such a request, unless —
(a)a magistrate has requested that the court be constituted by JPs; or
(b)a magistrate is not listed to constitute the court at the time when and the place where the court is due to sit; or
(c)the magistrate who is listed to constitute the court is unable to attend at the time when and the place where the court is due to sit.
9.When 2 JPs may constitute the court in civil cases
(1)A country court may be constituted by 2 JPs alone for the purposes of dealing with an application made under the Restraining Orders Act 1997 for a violence restraining order at a hearing in the absence of the respondent fixed under section 26(2) of that Act.
(2)A country court constituted by 2 JPs alone may adjourn the following for hearing by the
(a)an application made under the Prohibited Behaviour Orders Act 2010 section 5 for a PBO;
(b)an application made under the Prohibited Behaviour Orders Act 2010 section 21 to vary or cancel a PBO.
(3)A country court constituted by 2 JPs alone must not deal with PBO proceedings under the Prohibited Behaviour Orders Act 2010 except as permitted by subregulation (2).
[Regulation 9 amended in Gazette 24 Jun 2011 p. 2508.]
10.When 2 JPs may constitute the court in criminal cases
(1)A country court constituted by 2 JPs alone may do any of the following —
(a)perform the court’s functions under the Bail Act 1982 sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the Restraining Orders Act 1997 section 63(1);
(b)exercise the court’s jurisdiction under the Bail Act 1982 section 59B;
(c)deal with an application made under the Criminal Procedure Act 2004 for an adjournment and perform the court’s functions under section 75 of that Act;
(d)adjourn a charge of a simple offence that, under the Criminal Procedure Act 2004 section 50(3), 52(1) or 53(1), has to be adjourned to a new court date;
(e)deal with a charge of an offence if —
(i)the accused is present in court; and
(ii)both the accused and the prosecutor consent to the prosecution being dealt with by the court constituted by 2 JPs alone; and
(iii)the accused pleads guilty;
(f)deal with a charge of an offence if the accused is not present in court and either —
(i)the court has received a written plea of guilty to the charge from the accused under the Criminal Procedure Act 2004; or
(ii)the court has not received a written plea from the accused under the Criminal Procedure Act 2004.
(2)A country court constituted by 2 JPs alone must not, when dealing with a charge of an indictable offence —
(a)deal with proceedings, or make an order, under The Criminal Code section 5 in respect of the charge; or
(b)deal with proceedings, or make an order, under the Criminal Procedure Act 2004 section 138 in respect of the charge; or
(c)determine (as that term is defined in the Criminal Procedure Act 2004) the charge; or
(d)under the Criminal Procedure Act 2004, dismiss the charge for want of prosecution.
[Regulation 10 amended in Gazette 27 Feb 2009 p. 519.]
11.When one JP may constitute the court in criminal cases
(1)One JP must not constitute a country court unless advised by a registrar or a deputy registrar that it is impracticable in the circumstances to also request a second JP to constitute the court.
(2)A country court constituted by one JP may do any of the following —
(a)perform the court’s functions under the Bail Act 1982 sections 5(2) and 7(1) in relation to bail for an accused for an appearance in the Magistrates Court, other than an initial appearance, and under the Restraining Orders Act 1997 section 63(1);
(b)exercise the court’s jurisdiction under the Bail Act 1982 section 59B;
(c)deal with an application made under the Criminal Procedure Act 2004 for an adjournment and perform the court’s functions under section 75 of that Act;
(d)adjourn a charge of a simple offence that, under the Criminal Procedure Act 2004 section 50(3), 52(1) or 53(1), has to be adjourned to a new court date.
[Regulation 11 amended in Gazette 27 Feb 2009 p. 519.]
[Heading inserted in Gazette 22 Aug 2008 p. 3668.]
12.
For the purposes of section 33(7)(i) the following persons are prescribed —
(a)the CEO as defined in the Working with Children (Criminal Record Checking) Act 2004 section 4;
(b)an officer of the Department assisting the CEO in carrying out a criminal record check as those terms are defined in the Working with Children (Criminal Record Checking) Act 2004 section 4;
(c)the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Act.
[Regulation 12 inserted in Gazette 22 Aug 2008 p. 3668-9; amended in Gazette 27 Apr 2012 p. 1767.]
1This reprint is a compilation as at 17 August 2012 of the Magistrates Court Regulations 2005 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Citation |
Gazettal |
Commencement |
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Magistrates Court Regulations 2005 |
28 Apr 2005 p. 1561-71 |
1 May 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7127) |
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Magistrates Courts Amendment Regulations 2008 |
22 Aug 2008 p. 3668-9 |
r. 1 and 2: 22 Aug 2008 (see r. 2(a)); |
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Magistrates Court Amendment Regulations 2009 |
27 Feb 2009 p. 518-19 |
r. 1 and 2: 27 Feb 2009 (see r. 2(a)); |
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Magistrates Court Amendment Regulations 2011 |
24 Jun 2011 p. 2507‑8 |
r. 1 and 2: 24 Jun 2011 (see r. 2(a)); |
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Magistrates Court Amendment Regulations 2012 |
27 Apr 2012 p. 1766‑7 |
r. 1 and 2: 27 Apr 2012 (see r. 2(a)); |
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Reprint 1: The |
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2Repealed by the Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 4.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
metropolitan court3
By Authority: JOHN A. STRIJK, Government Printer