Dismissal of Charges (NT)
In the Northern Territory, when a court finds a person guilty of a low-level offence, it has a number of options for dealing with the matter without imposing a penalty or by imposing only a nominal penalty. This page deals with the dismissal of charges in the NT.
Legislation
In the NT, sentencing for criminal offences is governed by the Sentencing Act 1995. Subdivision 2 of that Act contains provisions relating to dismissal of charges without conviction. Subdivision 3 of that Act deals with dismissal of charges following conviction.
Rationale for dismissal of charges
There is a range of reasons that a court may decide to release an offender without imposing a penalty or with the imposition of only a nominal penalty. This generally occurs when the offence is very minor and when the person is of prior good character.
A court may impose one of the orders outlined below because:
- The offence is trivial or technical
- The offender is of prior good character or because of their circumstances such as their age and mental condition
- It would be inappropriate to record a conviction
- It would be inappropriate to impose a penalty or to impose a penalty that is more than nominal
Dismissal without conviction
In the NT, when a court finds a person guilty of an offence, it may choose not to record a conviction.
A person who is found guilty of an offence without conviction does not acquire a criminal record that has to be disclosed to third parties. However, the finding of guilt remains on their record and will be taken into account if they are subsequently sentenced for other offences in the future.
A court that finds a person guilty and does not record a sentence may either unconditionally dismiss the offender or sentence the person to a bond.
Unconditional dismissal of charges
Under section 10 of the Sentencing Act 1995, a court may unconditionally dismiss a person who has been found guilty of an offence. When this happens, the person does not have a sentence imposed and does not face any consequences.
Bond without conviction
Under section 11 of the Sentencing Act 1995, a court may sentence a person to a bond without recording a conviction. When this happens, the person is released for a term of up to five years on condition that they:
- Appear before the court if called upon to do so
- Be of good behaviour
- Observe any other conditions imposed by the court
A person who is sentenced to a bond does not face any further consequences provided they comply with the conditions of the bond. However, if they breach the conditions of the bond they may be required to come back before the court. The court may then decide to resentence them for the original offence.
Dismissal after conviction
When a court finds a person guilty of an offence and records a conviction, it may dismiss the matter without imposing a penalty or sentence the person to a bond.
Unconditional dismissal of charges
Under section 12 of the Sentencing Act 1995, a court may unconditionally dismiss a matter after recording a conviction. When this happens, the person does not have a sentence imposed and does not face any consequences beyond having a conviction for the offence on their record.
Bond after conviction
Under section 13 of the Sentencing Act 1995, a court may release a person on a bond after recording a conviction against them. When this happens, the person is released on condition that they:
- Appear before the court if called upon to do so
- Be of good behaviour
- Observe any other conditions imposed by the court
If you require legal advice or representation in any matter, please contact Go To Court Lawyers.