Post on 27-May-2018
17-033SR.S1-20/11/2017 i
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary 1
1.01 Title and object 1 1.02 Authorising provisions 1 1.03 Commencement and revocation 2 1.04 Application of Rules 2 1.05 Definitions 2 1.06 Registrar of Criminal Appeals 3 1.06.1 Associate Judge acting for Registrar 4 1.07 Calculating time 4 1.08 Extension and abridgement 4 1.09 Process in vacation 5 1.10 Content and form of documents 5 1.11 Filing of documents 5 1.12 Subpoenas 6 1.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010 7 1.12.2 Procedure under the Vexatious Proceedings Act 2014 8 1.13 Authentication 8 1.14 Amendment of judgment or order 9 1.15 Effect of non-compliance and dispensing with compliance 9 1.16 Exercise of jurisdiction by Judge of the Court or Court of
Appeal 9 1.17 Notices to be signed 10 1.18 General applications 10
Order 2—Criminal appeals 11
Part 1—Preliminary 11
2.01 Definitions 11 2.02 Single judge 12 2.03 Jurisdiction and powers exercisable by two Judges of
Appeal 12 2.04 Legal practitioners 13
Part 2—Commencement of appeals under Divisions 1 and 2 of
Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 14
2.05 Application for leave to appeal against conviction or
sentence 14
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2.06 Application may be determined by single Judge of Appeal 15 2.07 Procedure for determination of application by single Judge
of Appeal 15 2.08 Procedure for renewal of application 16 2.09 Powers of determination 18 2.10 Application may be treated as appeal 18 2.11 No notice of appeal when leave is granted 18 2.12 Unrepresented appellant 18 2.13 Registrar may vacate hearing date or refer for dismissal 18
Part 3—Appeals under Division 3 of Part 6.3 of Chapter 6 of the
Criminal Procedure Act 2009 19
2.15 Crown appeals 19
Part 4—Applications under Division 5 of Part 6.3 of Chapter 6 of
the Criminal Procedure Act 2009 20
2.16 Refusal to reserve question of law—application to show
cause 20 2.17 Applicant to file affidavit 21
Part 5—Appeals under Crimes (Mental Impairment and Unfitness
to be Tried) Act 1997 21
2.17.1 Application of this Part 21 2.18 Commencement of appeal against finding that accused is
unfit to stand trial 21 2.19 Commencement of appeal against verdict of not guilty
because of mental impairment 22 2.20 Application may be treated as appeal 22 2.21 No notice of appeal when leave is granted 22
Part 6—Applications under Division 7 of Part 6.3 of Chapter 6 of
the Criminal Procedure Act 2009 23
2.22 Application for extension of time 23 2.23 Extension of time before Registrar 23 2.24 Extension of time—application under section 313(2) 24 2.25 Application under section 315—refusal of Judge of Appeal
to exercise powers 24
Part 7—Reference to Court of Appeal on petition of mercy 25
2.26 Reference on petition of mercy 25
Part 8—Procedures 25
2.27 Time 25 2.28 Fine and imprisonment in default—fine paid to be retained
pending appeal 26 2.29 Procedure for appeal where fine and imprisonment in
default 26
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2.30 Pre-hearing conference 28 2.31 Transcript of trial 28 2.32 Preservation of exhibits 29 2.33 Copies of transcript, exhibits etc. 29 2.34 Return of exhibits after hearing 30 2.35 Certificate of conviction 30 2.36 Attendance of appellant 31 2.37 Bringing appellant in custody before the Court 31 2.38 Bail 32 2.39 Registrar to notify determination 32 2.40 Notice of abandonment 32 2.41 Abandonment 33 2.42 Report from trial judge 33 2.43 Original depositions, exhibits etc. 34 2.44 Witnesses before Court of Appeal—section 318 34 2.45 Examination other than by court under section 318(2) 35 2.46 Special commissioners—section 320 36 2.47 Entitlement to hearing when restitution order or
compensation order made 37 2.48 Property subject to restitution order or compensation order 38 2.49 Security may be ordered 38 2.50 Property subject to order for forfeiture or destruction 38 2.51 Custody of property of convicted person 39 2.52 Transfer of prisoners 39 2.53 Duties of prison officers 39 2.54 Obligation of prison officers—section 283 appeals 41
Part 9—Other applications to Court of Appeal 41
2.55 Application of Part 41 2.56 Application by summons 42 2.57 Service 42 2.58 Directions hearing 42 2.59 Court of Appeal may set aside or give directions 42
Order 3—Interlocutory appeals under the Criminal Procedure
Act 2009 43
3.01 Application of Order 43 3.02 Definitions 43 3.03 Commencement of interlocutory appeal—section 295 43 3.04 Commencement of application for review of refusal to
certify—section 296 43 3.05 Appellant to file affidavit 44 3.06 Application for leave may be treated as appeal or review 45
Order 3A—Appeals on a question of law 46
3A.01 Application of Order and definitions 46 3A.02 Commencement of appeal on a question of law 46
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3A.03 Notice of appeal 46 3A.04 Appellant to file affidavit 48 3A.05 Directions 48 3A.06 Leave to appeal 50 3A.07 Stay 50 3A.08 Delay and expedition 50 3A.09 Report 51 3A.10 Reference by Associate Judge to Judge of the Court 51 3A.11 Reference by Judge of the Court to Associate Judge 51 3A.12 Appeal to a Judge of the Court 52 3A.13 Appeal to the Court of Appeal 52
Order 3B—Appeals under the Children, Youth and Families
Act 2005 other than appeals on a question of law 54
3B.01 Application of Order 54 3B.02 Notice of appeal and undertaking to proceed with appeal 54 3B.03 Legal practitioner to notify that practitioner acts 54 3B.04 Prothonotary to fix hearing 55 3B.05 Recording of decision on appeal under section 424 55 3B.06 Appeal by DPP against sentence 56 3B.07 Appeal by DPP under section 429A—failure to fulfil
undertaking 57 3B.08 Abandonment of appeal 57 3B.09 Order striking out appeal 57 3B.10 Application to set aside order striking out appeal for failure
to appear 57 3B.11 Original depositions, exhibits etc. 58 3B.12 Prothonotary to notify determination 58 3B.13 Certificate of conviction 59 3B.14 Fine and imprisonment in default—fine paid to be retained
pending appeal 59 3B.15 Entitlement to hearing when restitution order or
compensation order made 60 3B.16 Property subject to restitution order or compensation order 60
Order 3C—Appeals from Children's Court under the Crimes
(Mental Impairment and Unfitness to be Tried) Act 1997 61
3C.01 Application of Order 3C 61 3C.02 Appeal by child against finding of unfitness to be tried 61 3C.03 Appeal by child against finding of not guilty because of
mental impairment 61 3C.04 Appeal by DPP against order for unconditional release 61 3C.05 Appeal by child against supervision order 61 3C.06 Appeal by DPP, Attorney-General or Secretary to the
Department of Health and Human Services against
supervision order 62 3C.07 Affidavit in support 62
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3C.08 Children's Court recording officer to give Court documents
when required 63
Order 3D—Appeals to Trial Division under Part 6.1 of Chapter 6
of the Criminal Procedure Act 2009 64
3D.01 Application of this Order 64 3D.02 Definitions 64 3D.03 Notice of appeal by offender 64 3D.04 Appeals by DPP against sentence or failure to fulfil
undertaking 65 3D.05 Prothonotary to fix date for hearing of appeal 65 3D.06 Abandonment of appeal 66 3D.07 Written notice of abandonment of appeal—conviction only 66 3D.08 Application to set aside an order striking out appeal for
failure to appear 66 3D.09 Recording and notification of result of appeal 66 3D.10 Legal practitioner to notify that practitioner acts 67
Order 4—Criminal Procedure rules 68
Part 1—Pre-trial criminal procedure 68
4.01 Definitions 68 4.02 Filing indictment 68 4.03 Notice to accompany copy indictment—no legal
practitioner representing accused 68 4.04 Notice by legal practitioner to DPP and Judicial Registrar-
Criminal Division 69 4.05 Notice by legal practitioner to Prothonotary 70 4.06 Unrepresented accused 70 4.07 Case conference 71
Part 2—Notices under the Act and general matters 73
4.09 Commonwealth DPP 73 4.10 DPP to specify sections in notice given under the Act 73 4.11 Notice of alibi 73 4.12 Recording of time and date of arraignment 73 4.13 Notice of intention to plead guilty to remaining charges in
indictment 73 4.14 Summons or warrant when direct indictment filed 73
Part 3—Authority of judicial registrars under this Order 74
4.15 Authority of judicial registrar at directions hearings 74 4.16 Limitations on authority of judicial registrar 74 4.17 Further authority of judicial registrars 75 4.18 Judicial registrar may constitute Trial Division of Court 76 4.19 Appeal from determination by a judicial registrar under
this Order 76
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4.20 Judicial registrar may act for another 77
Order 5—Payment of fines rules 78
Part 1—Payment of fines—Sentencing Act 1991 78
5.01 Definitions 78 5.02 Proper officer 78 5.03 Application 78 5.04 Application operates as stay 78 5.05 Consideration of application 79 5.06 Service of copy order 79 5.07 Enforcement of fines against a natural person 79 5.08 Enforcement of fine against body corporate 79
Part 2—Applications under the Sheriff Act 2009 80
5.09 Application for reinstatement of certain money warrants 80 5.10 Filing and service of summons 80
Order 6—Confiscation of property and proceeds of crime 81
Part 1—Preliminary matters 81
6.01 Definitions 81 6.02 Application of this Order 81 6.03 Notice by legal practitioner 81
Part 2—Applications under the Confiscation Act 1997 82
6.04 Making of application to the Court 82 6.05 Notice and service generally 82 6.06 Applications for restraining orders 82 6.07 Applications for monitoring orders 83 6.08 Application without notice under the Act 83 6.09 Form of certain applications and notices of application 83 6.10 Filing and directions 84 6.11 Notice by person contesting an application 85 6.12 Evidence 85 6.13 Notice of order or declaration 86 6.14 Notice of discharge 87 6.15 Interstate order 88 6.16 Examination under section 98(2) of the Act 88
Part 3—Applications under the Commonwealth Act 88
6.17 Making of application to the Court under the
Commonwealth Act 88 6.18 Notice and service under the Commonwealth Act 88 6.19 Applications for restraining orders and other applications
under the Commonwealth Act 89 6.20 Applications for monitoring orders under the
Commonwealth Act 89
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6.21 Filing and directions 89 6.22 Notice by person contesting an application under the
Commonwealth Act 90 6.23 Evidence 90 6.24 Notice of order or declaration under Commonwealth Act 90
Order 7—Surveillance devices rules 91
7.01 Definition 91 7.02 Application of Order 91 7.03 Forms of application 91 7.04 Filing and service of documents 91 7.05 Form of surveillance device warrants 91 7.06 Form of retrieval warrant 91 7.07 Assistance orders 92 7.08 Reports under section 30K 92
Order 9—Witness protection rules 94
9.01 Definition 94 9.02 Application of Order 94 9.03 Application 94 9.04 Filing and service of documents 94
Order 10—Applications for the use of audio visual links and audio
links 95
10.01 Definition 95 10.02 Application under section 42E of the Act 95 10.03 Application under section 42L of the Act 95 10.04 Application under section 42M of the Act 95 10.05 Application under section 42N of the Act 96 10.06 Application under section 42P of the Act 96
Order 11—Terrorism (Community Protection) rules 97
11.01 Definition 97 11.02 Application of Order 97 11.03 Form of application to Court 97 11.04 Filing of documents 97 11.05 Form of warrant 97
Order 12—Serious Sex Offenders (Detention and Supervision)
rules 98
12.01 Definition 98 12.02 Application of Order 98 12.03 Forms of application for supervision order and renewal of
supervision order 98 12.04 Form of supervision order 98 12.05 Forms of application for detention order and renewal of
detention order 98
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12.06 Form of detention order 99 12.07 Forms of application for interim supervision order and
extension of interim supervision order 99 12.08 Forms of application for interim detention order and
extension of interim detention order 99 12.09 Forms of interim order and order extending interim order 99 12.10 Application for review of orders 100 12.11 Applications for leave to review orders 100 12.12 Review of conditions of supervision order or interim
supervision order 101 12.13 Order for a person to attend for examination 101 12.14 Forms of notice of appeal 101 12.15 Notice of intention to dispute reports under section 113 of
the Act 101 12.16 Filing of documents 102
Order 12A—Sex Offenders Registration rules 103
12A.01 Definition 103 12A.02 Forms of application for exemption from reporting
requirements 103 12A.03 Forms of application by Chief Commissioner of Police 103 12A.04 Filing of documents 104
Order 13—Major Crime (Investigative Powers) rules 105
13.01 Definition 105 13.02 Application of Order 105 13.03 Applications made under this Order 105 13.04 Form of application for coercive powers order or extension
or variation of order 105 13.05 Form of order 105 13.05.1 Application for revocation of coercive powers order 105 13.05.2 Application objecting to disclosure or production
of protected information at revocation hearing 106 13.06 Form of application for witness summons 106 13.07 Form of application for order to bring person in custody
before Chief Examiner 106 13.08 Application for extension of period to protect matters
specified in section 20(8F)(a) to (d) of the Act 106 13.09 Application to determine legal professional privilege 106 13.10 Filing of documents 106
Order 14—Assumed identity rules 107
14.01 Definition 107 14.02 Application of Order 107 14.03 Applications made under this Order 107 14.04 Forms of application under the Act 107 14.05 Filing of documents 107
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14.06 Forms of order 108
Order 15—Identity crime rules 109
15.01 Identity crime certificate 109 15.02 Notice to prosecutor to assist 109
Order 16—Procedure under the Open Courts Act 2013 110
16.01 Definitions 110 16.02 Notice of application for suppression order 110
Form 6–1A—Subpoena to attend to give evidence 111
Form 6–1B—Subpoena to produce 114
Form 6–1C—Subpoena both to attend to give evidence and to
produce 119
Form 6–1BA—Subpoena to give evidence (New Zealand) 124
Form 6–1BB—Subpoena to produce documents (New Zealand) 130
Form 6–1BC—Subpoena to give evidence and produce documents
(New Zealand) 138
Form 6–1D—General application 147
Form 6–2A—Notice of application for leave to appeal against
conviction 148
Form 6–2B—Notice of application for leave to appeal against
sentence 151
Form 6–2C—Notice of application for leave to appeal under
section 283 of Criminal Procedure Act 2009 154
Form 6–2D—Notification to applicant of single Judge's decision 156
Form 6–2DA—Notification to appellant of single Judge's decision
to grant leave to appeal or refer application to at least two Judges
of Appeal 157
Form 6–2DB—Notification to appellant of single Judge's decision
to grant leave to appeal on some grounds and refuse leave on other
grounds or to refuse leave to appeal 159
Form 6-2DC—Notification to appellant of Court of Appeal
decision on renewed application 161
Form 6–2E—Application under section 304 of Criminal Procedure
Act 2009 163
Form 6–2F—Notice of application for leave to appeal against
finding of unfitness to stand trial 164
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Form 6–2G—Notice of application for leave to appeal against
mental impairment verdict 167
Form 6–2H—Application for extension to time to file/serve notice
of appeal or notice of application for leave to appeal 170
Form 6–2I—Notification to applicant of Registrar's decision under
section 313 of Criminal Procedure Act 2009 172
Form 6–2J—Election to have extension of time determined by
Court of Appeal 173
Form 6–2K—Election to have application under section 315 of
Criminal Procedure Act 2009 determined by Court of Appeal 174
Form 6–2L—Recognizance of appellant sentenced to pay fine and
surety 175
Form 6–2M—Notification of result of appeal or application 177
Form 6–2N—Notice of abandonment 178
Form 6–2O—Appellant's application for examination of further
witnesses 179
Form 6–2P—Notice to witness to attend before examiner 180
Form 6–2Q—Notice to prisoner who wishes to appeal 181
Form 6–2R—Information for persons on whom sentence of
imprisonment has been imposed by County Court on appeal from
Magistrates' Court 182
Form 6–3A—Notice of application for leave to appeal against
interlocutory decision 183
Form 6–3B—Notice of application for review of refusal to certify
under section 295(3) of Criminal Procedure Act 2009 185
Form 6–3BA—Notice of appeal and undertaking to proceed 186
Form 6–3BB—Notice of Supreme Court's decision on appeal 188
Form 6–3BC—Notice of appeal by DPP against sentence imposed
by Children's Court 189
Form 6–3BD—Notice of appeal by DPP under section 429A of
Children, Youth and Families Act 2005 190
Form 6–3BE—Notice of abandonment of appeal under section
430C of Children, Youth and Families Act 2005 192
Form 6–3BF—Written notice of abandonment of appeal—
conviction only 193
Form 6–3BG—Order striking out appeal 194
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Form 6–3BH—Application to set aside order striking our appeal
for failure to appear 195
Form 6–3BI—Notification of result of appeal 196
Form 6–3CA—Notice of appeal by child against finding of
unfitness to be tried 197
Form 6–3CB—Notice of appeal by child against finding of not
guilty because of mental impairment 199
Form 6–3CC—Notice of appeal by DPP against order for
unconditional release 201
Form 6–3CD—Notice of appeal by child against supervision order 203
Form 6–3CE—Notice of appeal by DPP/Attorney-
General/Secretary to Department of Health and Human
Services against supervision order 205
Form 6–3DA—Notice of appeal 207
Form 6–3DB—Notice under section 255(6) of Criminal Procedure
Act 2009 for proposed appellant 211
Form 6–3DC—Notice of appeal under section 257 of Criminal
Procedure Act 2009 212
Form 6–3DD—Notice of appeal under section 260 of Criminal
Procedure Act 2009 214
Form 6–3DE—Notice of abandonment of appeal 216
Form 6–3DF—Written notice of abandonment of appeal—
conviction only 218
Form 6–3DG—Application to set aside order striking out appeal
for failure to appear 220
Form 6–3DH—Result of appeal form 222
Form 6–4A—Notice to accused under section 171 of Criminal
Procedure Act 2009 223
Form 6–4B—Notice that legal practitioner acts 224
Form 6–4C—Notice that legal practitioner has ceased to act 225
Form 6–4E—Notice of alibi 227
Form 6–4F—Notice of intention to plead guilty to one or more
remaining charges in indictment 228
Form 6–4G—Summons 229
Form 6–4H—Warrant to arrest 230
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Form 6–5A—Application for instalment order and other orders 232
Form 6–5B—Notice about procedure for enforcement of fines 234
Form 6–5E—Summons for failure to pay fine 236
Form 6–5F—Notice about procedure for enforcement of fine
(bodies corporate) 238
Form 6–5G—Summons—Application under section 28 of Sheriff
Act 2009 239
Form 6–6A—Application for restraining order 240
Form 6–6AB—Application for civil forfeiture restraining order 243
Form 6–6AC—Application for unexplained wealth restraining
order 245
Form 6–6B—Notice of application 247
Form 6–6C—Application for exclusion order 249
Form 6–6D—Application for further orders 252
Form 6–6E—Application for forfeiture order 254
Form 6–6F—Application for civil forfeiture order 256
Form 6–6FA—Application for section 40B exclusion order or
section 40ZD exclusion order 258
Form 6–6G—Application for relief for undue hardship 260
Form 6–6GA—Application for relief from automatic forfeiture of
property of serious drug offender 262
Form 6–6H—Application under Part 6 of Confiscation Act 1997
for exclusion order 264
Form 6–6J—Application for pecuniary penalty order 266
Form 6–6L—Application under specified section of Confiscation
Act 1997 269
Form 6–6LA—Notice of contest of application 271
Form 6–6M—Notice of restraining order 272
Form 6–6N—Notice of discharge of forfeiture 274
Form 6–6O—Application for monitoring order 276
Form 6–6P—Application under Proceeds of Crime Act 2002 of the
Commonwealth for restraining order 278
Form 6–6Q—Application under Proceeds of Crime Act 2002 of the
Commonwealth for unexplained wealth restraining order 281
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Form 6–6R—Application under Proceeds of Crime Act 2002 of the
Commonwealth for monitoring order 283
Form 6–6S—Notice of contest of application 285
Form 6–7A—Application for warrant 286
Form 6–7B—Application for retrieval warrant 288
Form 6–7C—Application for assistance order 290
Form 6–7D—Surveillance device warrant 292
Form 6–7E—Retrieval warrant 295
Form 6–7F—Assistance order 298
Form 6–7G—Endorsement of assistance order 299
Form 6–9A—Application 300
Form 6–10A—Notice of application under section 42L of Evidence
(Miscellaneous Provisions) Act 1958 301
Form 6–10B—Notice of application for audio visual link
appearance 302
Form 6–11A—Application for covert search warrant 304
Form 6–11B—Covert search warrant 305
Form 6–12A—Application for supervision order 307
Form 6–12B—Application for renewal of supervision order 309
Form 6–12C—Supervision order 311
Form 6–12D—Application for detention order 313
Form 6–12E—Application for renewal of detention order 315
Form 6–12F—Detention order 317
Form 6–12G—Application for interim supervision order 318
Form 6–12H—Application for extension of interim supervision
order 320
Form 6–12I—Application for interim detention order 322
Form 6–12J—Application for extension of interim detention order 324
Form 6–12K—Interim supervision order 326
Form 6–12L—Order extending interim supervision order 328
Form 6–12M—Interim detention order 329
Form 6–12N—Order extending interim detention order 330
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Form 6–12O—Application by Secretary for review of supervision
order 331
Form 6–12P—Application by DPP for review of detention order 332
Form 6–12Q—Application for leave to apply for review of
supervision order 333
Form 6–12R—Application for leave to apply for review of
detention order 335
Form 6–12S—Application for leave to apply for review of
conditions of supervision order or interim supervision order 337
Form 6–12T—Order to attend for examination 339
Form 6–12U—Notice of appeal by offender 340
Form 6–12V—Notice of appeal by Secretary to Department of
Justice and Regulation 343
Form 6–12W—Notice of appeal by DPP 345
Form 6–12X—Notice of appeal relating to publication of
information 347
Form 6–12Y—Notice of intention to dispute reports to Court 348
Form 6–12AA—Application for suspension of registrable
offender's reporting obligations 350
Form 6–12AB—Application for new order suspending registrable
offender's reporting obligations 351
Form 6–12AC—Application by Chief Commissioner of Police for
suspension of registrable offender's reporting obligations 352
Form 6–12AD—Application by Chief Commissioner of Police for
revocation of order suspending registrable offender's reporting
obligations 353
Form 6–12AE—Application by Chief Commissioner of Police for
new order suspending registrable offender's reporting obligations 354
Form 6–13A—Application for coercive powers order 356
Form 6–13B—Coercive powers order 358
Form 6–13BA—Application for revocation of coercive powers
order 360
Form 6–13BB—Application objecting to disclosure or production
of protected information at revocation hearing for of coercive
powers order 361
Form 6–13C—Application for issue of witness summons 363
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Form 6–13D—Application for order under section 18(2) of Major
Crime (Investigative Powers) Act 2004 365
Form 6–13E—Application for extension of period of notice—
confidential document 366
Form 6–13F—Application to determine legal professional privilege 367
Form 6–14A—Application under section 10 of Crimes (Assumed
Identities) Act 2004 368
Form 6–14B—Application under section 12 of Crimes (Assumed
Identities) Act 2004 369
Form 6–14C—Order under section 10 of Crimes (Assumed
Identities) Act 2004 370
Form 6–14D—Order under section 12 of Crimes (Assumed
Identities) Act 2004 371
Form 6–15A—Identity crime certificate 372
Form 6–15B—Notice to appear under section 89H of Sentencing
Act 1991 373
Form 6–16A—Notice of application for suppression order 374
Schedule 1—Revoked statutory rules 375
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STATUTORY RULES 2017
S.R. No.
Supreme Court Act 1986
Supreme Court (Criminal Procedure) Rules 2017
The Judges of the Supreme Court make the following Rules:
Order 1—Preliminary
1.01 Title and object
(1) These Rules constitute Chapter VI of the Rules of
the Supreme Court and are entitled the Supreme
Court (Criminal Procedure) Rules 2017.
(2) The object of these Rules is to provide certain
forms and procedures for matters in the Court
under the Crimes Act 1958 and the Criminal
Procedure Act 2009 and under other legislation
relating to matters of a criminal, quasi-criminal
or related nature.
1.02 Authorising provisions
These Rules are made under—
(a) section 25 of the Supreme Court Act 1986;
(b) the Crimes Act 1958;
(c) section 69ZF of the Sentencing Act 1991;
(d) the Criminal Procedure Act 2009;
(e) section 50 of the Interpretation of
Legislation Act 1984; and
(f) all other enabling powers.
Order 1—Preliminary
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
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1.03 Commencement and revocation
(1) These Rules come into operation on 1 January
2018.
(2) The Rules set out in Schedule 1 are revoked.
1.04 Application of Rules
These Rules apply to all matters in the Court
whenever commenced—
(a) which relate to the criminal jurisdiction of
the Court, whether conferred by an Act or
otherwise; and
(b) for which provision relating to the conduct of
the matter is made by these Rules.
1.05 Definitions
(1) In these Rules, unless the context or subject matter
otherwise requires—
appellant includes applicant for leave to appeal;
Chapter I means Chapter I of the Rules of the
Supreme Court;
DPP means the Director of Public Prosecutions
for Victoria and includes the Commonwealth
Director of Public Prosecutions;
Judicial Registrar-Criminal Division means
the judicial registrar assigned by the Chief
Justice under section 113C of the Supreme
Court Act 1986 to undertake the duties of
the Judicial Registrar-Criminal Division in
the Trial Division and nominated by the
Chief Justice or the Chief Justice's nominee
as the person responsible for criminal listings
in the Supreme Court;
Order 1—Preliminary
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
3 17-033SR.S1-20/11/2017
legal practitioner means the legal practitioner
(as defined in section 3 of the Criminal
Procedure Act 2009) who acts for the
accused and—
(a) where an officer of Victoria Legal Aid
so acts, includes such officer;
(b) does not include a barrister, unless
these Rules specifically provide
otherwise;
Registrar means the Registrar of Criminal
Appeals and, if the duties and functions of
the Registrar of Criminal Appeals are being
carried out by an Associate Judge, means
that Associate Judge.
(2) In these Rules, a reference to the Judicial
Registrar-Criminal Division includes a person
assigned to those duties on an acting or temporary
basis.
1.06 Registrar of Criminal Appeals
(1) For the purpose of exercising any power or
function conferred on the Registrar by or under
these Rules, the Registrar—
(a) may constitute the Court of Appeal; and
(b) may exercise the jurisdiction and powers of
the Court of Appeal to the extent necessary
to exercise those powers or functions.
(2) The Registrar may nominate one or more
suitably qualified officers of the Court of Appeal
employed under section 106 of the Supreme
Court Act 1986 and delegate to such nominated
officers the carrying out of the functions and
powers of the Registrar in relation to the
management of criminal appeals and applications.
Order 1—Preliminary
Supreme Court (Criminal Procedure) Rules 2017
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(3) An officer referred to in paragraph (2) may
exercise the powers and functions of the Registrar
in relation to the powers and functions delegated
to the officer.
1.06.1 Associate Judge acting for Registrar
Where circumstances so require, an Associate
Judge may hear and determine an application
under these Rules instead of the Registrar.
1.07 Calculating time
(1) Any period of time fixed by or under these Rules
shall be calculated in accordance with this Rule.
(2) If a time of one day or longer is to begin on, or to
be calculated from, a day or event, the day or the
day of the event shall be excluded.
(3) If a time of one day or longer is to end on, or to be
calculated to, a day or event, the day or the day of
the event shall be included.
(4) If a period of five days or less would include a day
on which the office of the Court is closed, that day
shall be excluded.
(5) If the last day for doing any act at the office of
the Court is a day on which the office is closed,
the act may be done on the next day the office is
open.
1.08 Extension and abridgement
(1) The Court may extend or abridge any time fixed
by or under these Rules.
(2) The Court may extend time under paragraph (1)
before or after the time expires whether or not an
application for the extension is made before the
time expires.
Note
See also sections 247 and 313 of the Criminal Procedure
Act 2009 in relation to time under that Act.
Order 1—Preliminary
Supreme Court (Criminal Procedure) Rules 2017
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1.09 Process in vacation
In calculating the time fixed by or under these
Rules, the period from 24 December to 9 January
next following shall be excluded, unless the Court
otherwise orders.
1.10 Content and form of documents
(1) Except to the extent that the nature of the
document renders compliance impracticable,
a document prepared by a party for use in the
Court shall be prepared in accordance with
Order 27 of Chapter I, other than Rule 27.02.
(2) An affidavit shall be made in the first person and
shall be prepared in accordance with Order 43 of
Chapter I.
1.11 Filing of documents
(1) Subject to paragraph (2), a document in a
proceeding to which these Rules relate is filed by
filing it—
(a) in the office of the Prothonotary or, where a
proceeding is commenced in an office of the
Court outside Melbourne, in that office; or
(b) with the proper officer in court.
(2) A document in a proceeding in the Court of
Appeal is filed by filing it—
(a) in the office of the Registrar; or
(b) with the proper officer in court.
(3) The person with whom the document is filed
shall indorse on it the date and time of filing.
(4) A document filed in a proceeding to which these
Rules relate is not open for inspection unless the
Court or the Prothonotary, Deputy Prothonotary
or Registrar (as the case requires) so directs.
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1.12 Subpoenas
(1) Subject to this Rule and Rule 1.12.1, Order 42 and
Order 42A of Chapter I apply with any necessary
modification to a proceeding to which these Rules
relate, except an appeal or an application for leave
to appeal.
(2) For the purposes of Rule 42.09(3) of Chapter I,
as applied by paragraph (1)—
(a) a judicial registrar may hear and determine
an application for leave to inspect a
document or thing produced, where
there is no objection to the inspection;
(b) the judicial registrar constitutes the Trial
Division of the Court; and
(c) all the powers of the Trial Division of
the Court to hear and determine such an
application are delegated to the judicial
registrar.
(3) In a proceeding to which these Rules relate
(except an appeal or an application for leave to
appeal), a subpoena shall be in accordance with—
(a) Form 6–1A, for a subpoena to attend to give
evidence;
(b) Form 6–1B, for a subpoena to produce; or
(c) Form 6–1C, for a subpoena both to attend to
give evidence and to produce.
(4) An addressee need not comply with the
requirements of a subpoena to attend to give
evidence (a subpoena in Form 6–1A) or a
subpoena both to attend to give evidence and
to produce (a subpoena in Form 6–1C) unless
conduct money has been provided or tendered
to the addressee a reasonable time before the
day on which attendance is required.
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(5) A subpoena in a proceeding to which these Rules
relate shall be served personally by giving a copy
of the subpoena to the person to be served.
(6) The addressee of a subpoena which is in
accordance with Form 6–1B or Form 6–1C
must complete the declaration by the addressee
provided for in the subpoena.
(7) The completed declaration must be included
in the subpoena or copy of the subpoena which
accompanies the documents produced under the
subpoena.
(8) Subject to paragraph (9), the Prothonotary
may, upon the expiry of four months from
the conclusion of the proceeding, cause to be
destroyed all the documents produced in the
proceeding in compliance with a subpoena
which were declared by the addressee to be
copies.
(9) The Prothonotary may cause to be destroyed those
documents declared by the addressee to be copies
which have become exhibits in the proceeding
when they are no longer required in connection
with the proceeding, including on any appeal.
1.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010
(1) In relation to a criminal proceeding to which
the Trans-Tasman Proceedings Act 2010 of the
Commonwealth applies, Order 7A of Chapter I
applies with any necessary modification to a
proceeding to which these Rules relate, except
an appeal or an application for leave to appeal.
(2) In relation to a criminal proceeding to which
the Trans-Tasman Proceedings Act 2010 of the
Commonwealth applies (except an appeal or an
application for leave to appeal) a subpoena shall
be in accordance with—
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(a) Form 6-1BA, for a subpoena to give
evidence;
(b) Form 6-1BB, for a subpoena to produce
documents;
(c) Form 6-1BC, for a subpoena to give
evidence and produce documents.
(3) A subpoena in a criminal proceeding to which
the Trans-Tasman Proceedings Act 2010 of the
Commonwealth applies shall be served personally
by giving a copy of the subpoena to the person to
be served.
1.12.2 Procedure under the Vexatious Proceedings
Act 2014
Order 83 of Chapter I applies with any necessary
modification to, and in relation to, a proceeding to
which these Rules relate.
1.13 Authentication
(1) A judgment or order of the Court in a proceeding
to which these Rules relate may be authenticated
in accordance with this Rule.
(2) Subject to paragraph (3), a judgment or order of
the Court is authenticated when the judgment or
order, having been drawn up, is signed by a Judge
of the Court, an Associate Judge or a judicial
registrar, as the case requires, or sealed by the
Prothonotary.
(3) In a proceeding in the Court of Appeal, a
judgment or order of the Court is authenticated
when the judgment or order, having been drawn
up, is signed by a member of the Court of Appeal
or the Registrar.
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1.14 Amendment of judgment or order
For the sake of removing doubt, it is declared
that the inherent power of the Court to correct a
clerical mistake in a judgment or order or an error
arising in a judgment or order from any accidental
slip or omission may be exercised at any time.
1.15 Effect of non-compliance and dispensing with
compliance
(1) A failure to comply with these Rules is an
irregularity and does not render a proceeding
or step taken, or any document, judgment or
order in a proceeding a nullity.
(2) The Court may dispense with compliance with
any of the requirements of these Rules, either
before or after the occasion for compliance arises.
(3) Without limiting paragraph (2), the Registrar
may dispense with compliance with any of the
requirements of these Rules in relation to criminal
appeals, either before or after the occasion for
compliance arises.
(4) Except as provided by these Rules, a failure
to comply with these Rules or with any rule of
practice in force under the Criminal Procedure
Act 2009 shall not prevent the prosecution of
an appeal or an application for leave to appeal if
the Court considers that, in the interests of justice,
the failure should be waived or remedied and the
matter proceed.
1.16 Exercise of jurisdiction by Judge of the Court or
Court of Appeal
Unless these Rules specifically provide otherwise,
any application and the exercise of any powers
and authorities in relation to a proceeding or any
other matter to which these Rules apply shall
be heard and determined by the Trial Division
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constituted by a Judge of the Court or the Court
of Appeal, as the case requires.
1.17 Notices to be signed
Subject to the Criminal Procedure Act 2009 and
to these Rules, a notice given under these Rules
shall be signed—
(a) by the appellant;
(b) by a legal practitioner on behalf of the
appellant; or
(c) by a barrister on behalf of the appellant.
1.18 General applications
If a party to a criminal proceeding intends to
make an application and there is no form
prescribed by any Rules or by or under any Act
for such an application, a general application in
Form 6–1D may be used with such modification
as is necessary.
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Part 1—Preliminary
2.01 Definitions
(1) In this Order, unless the context or subject matter
otherwise requires, the Act means the Criminal
Procedure Act 2009.
(2) In this Order, unless the context or subject matter
otherwise requires—
Crown appeal means an appeal brought by
the DPP;
examiner means a person appointed by the Court
of Appeal under section 318 of the Act;
exhibit includes—
(a) all books, papers and documents and
all other property connected with the
proceedings against any person entitled
or authorised to appeal, which were
sent to the originating court upon
committal or produced and read in
evidence during trial or other
proceedings; and
(b) any written statement delivered to a
trial judge by that person—
but does not include—
(c) the original depositions of witnesses
examined at a preliminary examination,
committal or before a coroner; and
(d) any indictment or written process
against an accused; and
(e) any plea filed in the originating court;
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recording officer of the originating court means
the officer who has custody of the records of
the originating court;
respondent means the person who defends an
appeal.
2.02 Single judge
A Judge of Appeal may exercise any power of
the Court of Appeal under Rules 1.15(2) or (4),
2.04(4), 2.15(5), 2.26(2) and 2.27(2), (3) or (4).
Note
See section 315 of the Act for powers which may be exercised
under Part 6.3 of Chapter 6 of the Act by a single Judge of Appeal.
2.03 Jurisdiction and powers exercisable by two Judges
of Appeal
(1) Two Judges of Appeal may constitute, and may
exercise all the jurisdiction and powers of, the
Court of Appeal in appeals from the County Court
under Divisions 2 and 4 of Part 6.3 of Chapter 6
of the Act.
Note
See Order 3 for interlocutory appeals under the Criminal
Procedure Act 2009.
(2) Two Judges of Appeal may constitute, and may
exercise all the jurisdiction and powers of, the
Court of Appeal to dismiss an appeal or an
application for leave to appeal—
(a) for noncompliance with this Order; or
(b) if it is otherwise appropriate to do so.
(3) Two Judges of Appeal may make any order or
give any direction incidental or ancillary to the
exercise by them of the jurisdiction and powers
of the Court of Appeal.
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2.04 Legal practitioners
(1) A legal practitioner who, on behalf of an
appellant, files a notice of appeal or a notice of
application for leave to appeal under this Order
shall state in the notice—
(a) that the legal practitioner is acting for the
appellant;
(b) the contact details of the legal practitioner,
including name, address, telephone number,
fax number and email address; and
(c) the relevant name and address for service.
(2) The practitioner shall be noted in the records of
the Court as acting for the appellant.
(3) Subject to paragraph (4), if a legal practitioner
ceases to act for an appellant, the practitioner shall
forthwith—
(a) file notice of ceasing to act for the appellant;
and
(b) serve a copy of the notice on the respondent.
(4) Unless another legal practitioner has filed a
notice that that practitioner is now acting for the
appellant, a practitioner may not file notice of
ceasing to act without first obtaining the leave
of—
(a) the Registrar; or
(b) if leave is refused by the Registrar, the Court
of Appeal.
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Part 2—Commencement of appeals under
Divisions 1 and 2 of Part 6.3 of Chapter 6
of the Criminal Procedure Act 2009
2.05 Application for leave to appeal against conviction or
sentence
(1) An application for leave to appeal against
conviction under section 274 of the Act is
commenced by filing with the Registrar a notice
of application for leave to appeal in Form 6–2A.
Note
Section 275(1) of the Act requires the notice of application
for leave to appeal to be filed within 28 days after the day
on which the person is sentenced, subject to any extension
under section 313 of the Act.
(2) An application for leave to appeal against
sentence under section 278 of the Act is
commenced by filing with the Registrar a notice
of application for leave to appeal in Form 6–2B.
Note
Section 279(1) of the Act requires the notice of application
for leave to appeal to be filed within 28 days after the day
on which the person is sentenced, subject to any extension
under section 313 of the Act.
(3) An application for leave to appeal against
sentence under section 283 of the Act is
commenced by filing with the Registrar a notice
of application for leave to appeal in Form 6–2C.
Note
Section 284 of the Act requires the notice of application
for leave to appeal to be filed within 28 days after the day
on which the person is sentenced by the County Court,
subject to any extension under section 313 of the Act.
(4) A notice of application for leave to appeal shall—
(a) state each ground of appeal specifically and
concisely, and not merely in general terms;
and
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(b) be accompanied by a written case in support
of the application in accordance with any
applicable practice direction.
2.06 Application may be determined by single Judge of
Appeal
An application for leave to appeal against
conviction or sentence may be determined by
the Court of Appeal constituted by either—
(a) a single Judge of Appeal in accordance with
section 315 of the Act; or
(b) two or more Judges of Appeal in accordance
with section 11 of the Supreme Court
Act 1986.
2.07 Procedure for determination of application by single
Judge of Appeal
(1) An application for leave to appeal may be
determined by a single Judge of Appeal in
accordance with this Rule.
(2) Subject to paragraphs (4) and (5), a single Judge
of Appeal may without an oral hearing—
(a) determine an application for leave to appeal
and—
(i) grant leave to appeal;
(ii) grant leave to appeal on some grounds
of appeal and refuse leave to appeal on
other grounds of appeal;
(iii) refuse leave to appeal; or
(b) refer the application for leave to appeal
for determination by the Court of Appeal
comprising two or more Judges of Appeal
of whom the referring Judge of Appeal may
be one.
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(3) If a single Judge of Appeal determines an
application for leave to appeal without an
oral hearing and makes an order—
(a) of a kind referred to in paragraph (2)(a)(i)
or (2)(b), the Registrar shall notify the
appellant in Form 6–2DA; or
(b) of a kind referred to in paragraph (2)(a)(ii)
or (2)(a)(iii), the Registrar shall notify the
appellant in Form 6–2DB.
(4) An appellant—
(a) may request an oral hearing of the
application by completing the Oral Hearing
Option section of the notice of application
for leave to appeal; and
(b) if an oral hearing is requested, must confirm
that request in writing to the Registrar, in
accordance with any applicable practice
direction.
(5) If an appellant requests an oral hearing and
confirms that request in accordance with
paragraph (4), the application shall not
be determined without an oral hearing.
2.08 Procedure for renewal of application
(1) An application for leave to appeal may be
renewed in accordance with this Rule.
(2) Where the Registrar has notified an appellant that
leave to appeal has been refused in whole or in
part, the appellant may elect under section 315
of the Act to renew the application for leave
to appeal by completing and returning to the
Registrar within 10 days of that notification an
election form as contained in Form 6–2DB.
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(3) Subject to paragraphs (5) and (6), the renewed
application shall be considered by the Court of
Appeal comprising at least two Judges of Appeal
who may, without an oral hearing—
(a) grant leave to appeal;
(b) grant leave to appeal on some grounds of
appeal and refuse leave to appeal on other
grounds of appeal;
(c) refuse leave to appeal; or
(d) refer the application for determination by the
Court of Appeal comprising not fewer than
three Judges of Appeal, who may include
either or both of the referring judges.
(4) If the Court of Appeal makes an order of the
kind referred to in paragraph (3), the Registrar
shall notify the appellant in Form 6–2DC.
(5) An appellant who elects to renew an application
for leave to appeal—
(a) may request an oral hearing of the
application by completing the Oral
Hearing Option section of the election
form in Form 6–2DC; and
(b) if an oral hearing of the application is
requested, must confirm that request in
writing to the Registrar, in accordance
with any applicable practice direction.
(6) If an appellant requests an oral hearing of
the application and confirms that request in
accordance with paragraph (5), the renewed
application shall not be determined without
an oral hearing.
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2.09 Powers of determination
(1) If an application is referred to the Court of Appeal
under Rule 2.07(2)(b) or 2.08(3)(d), the Court of
Appeal, however constituted, may exercise any
powers set out in Rules 2.06, 2.07 and 2.08.
(2) If an appellant makes an initial request for an
oral hearing of an application and confirms that
request in writing to the Registrar in accordance
with any applicable practice direction, that
request must be complied with in determining
any application referred under Rule 2.07(2)(b)
or 2.08(3)(d).
2.10 Application may be treated as appeal
Subject to this Order, the Court of Appeal may
treat the hearing of the application as the hearing
of the appeal.
2.11 No notice of appeal when leave is granted
If the Court of Appeal gives leave to appeal,
the notice of application for leave to appeal is
sufficient notice of appeal.
2.12 Unrepresented appellant
If an appellant is unrepresented a document may
be served by the appellant by delivering to the
Registrar at the time of filing an extra copy of the
document marked for service upon the respondent.
2.13 Registrar may vacate hearing date or refer for
dismissal
(1) If the Registrar is satisfied that an appellant has
not complied with the requirements of this Order
or that it is otherwise appropriate to do so, the
Registrar may—
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(a) vacate any hearing date set for the
application or appeal; or
(b) refer the application or appeal to be
dismissed in accordance with Rule 2.03(2).
(2) Paragraph (1) is not to be taken to limit any other
powers of the Registrar.
(3) The Registrar shall notify the appellant in writing
of the decision under paragraph (1).
Note
There is currently no Rule 2.14.
Part 3—Appeals under Division 3 of Part 6.3
of Chapter 6 of the Criminal Procedure
Act 2009
2.15 Crown appeals
(1) A notice of appeal by the DPP shall—
(a) be filed with the Registrar;
(b) state each ground of appeal specifically and
concisely and not merely in general terms;
and
(c) be accompanied by a written case in
support of the appeal in accordance
with any applicable practice direction.
Note
Section 288(1) of the Act requires the notice of appeal to be
filed within 28 days after the day on which the sentence is
imposed, subject to any extension under section 313 of the
Act.
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(2) The DPP shall serve the written case on the
respondent at the time of service of the notice
of appeal.
Note
Section 288(3) of the Act requires a notice of appeal against
a sentence imposed by an originating court to be served on
the respondent within seven days after the day on which the
notice is filed.
Section 292(3) of the Act requires a notice of appeal
for failure to fulfil an undertaking to be served on the
respondent within 14 days after the day on which the
notice is filed.
(3) Within seven days after serving on the respondent
the notice of appeal and written case, the DPP
shall file an affidavit of service.
(4) Within one month after service of the documents
referred to in paragraph (2), the respondent may
file and serve a written case which must comply
with any applicable practice direction.
(5) The notice of appeal may be amended only with
leave of the Court of Appeal.
Part 4—Applications under Division 5 of Part 6.3
of Chapter 6 of the Criminal Procedure
Act 2009
2.16 Refusal to reserve question of law—application to
show cause
An application under section 304 of the Act for an
order to show cause why a question of law should
not be reserved for determination by the Court of
Appeal is commenced by filing with the Registrar
an application in Form 6–2E.
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2.17 Applicant to file affidavit
(1) Within seven days after filing an application under
Rule 2.16, the applicant shall file an affidavit
stating the acts, facts, matters and circumstances
relating to—
(a) the refusal of the application under
section 302 of the Act;
(b) the grounds set out in the application as
to why the question should be reserved
for determination by the Court of Appeal.
(2) There shall be included as exhibits to the
affidavit—
(a) a copy of the order refusing the application
under section 302 of the Act; and
(b) a copy of any reasons given for the refusal—
or their absence as exhibits shall be accounted for
in the affidavit.
Part 5—Appeals under Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997
2.17.1 Application of this Part
This Part of this Order does not apply to
Part 5A of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997.
2.18 Commencement of appeal against finding that
accused is unfit to stand trial
(1) An application for leave to appeal against a
finding that an accused is unfit to stand trial is
commenced by filing with the Registrar a notice
of application for leave to appeal in Form 6–2F.
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Note
Section 14A(2) of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997 requires the notice of
application for leave to appeal to be filed within 28 days
after the day on which the finding is made, subject to any
extension under that Act.
(2) The notice of application for leave to appeal
shall state each ground of appeal specifically
and concisely and not merely in general terms.
2.19 Commencement of appeal against verdict of not
guilty because of mental impairment
(1) An application for leave to appeal against a
verdict of not guilty because of mental impairment
is commenced by filing with the Registrar a notice
of application for leave to appeal in Form 6–2G.
Note
Section 24AA(2) of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997 requires the notice of
application for leave to appeal to be filed within 28 days
after the day on which the finding is made, subject to any
extension under that Act.
(2) The notice of application for leave to appeal
shall state each ground of appeal specifically
and concisely and not merely in general terms.
2.20 Application may be treated as appeal
The Court of Appeal may treat the hearing of
the application as the hearing of the appeal.
2.21 No notice of appeal when leave is granted
If the Court of Appeal gives leave to appeal,
the notice of application for leave to appeal is
sufficient notice of appeal.
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Part 6—Applications under Division 7 of Part 6.3
of Chapter 6 of the Criminal Procedure
Act 2009
2.22 Application for extension of time
A notice of application for extension of time
under section 313 of the Act shall be—
(a) in Form 6–2H; and
(b) filed when the notice of appeal or notice
of application for leave to appeal is filed
in accordance with this Order.
Note
See section 313 of the Act.
2.23 Extension of time before Registrar
(1) An application for an order under section 313 of
the Act for extension of time shall be made in the
first instance to the Registrar.
(2) The Registrar shall notify the applicant of the
decision in writing.
(3) If an application is refused—
(a) the Registrar shall notify the applicant, in
Form 6–2I; and
(b) the applicant may elect to have the
application determined by the Court of
Appeal.
Note
See section 313(2) of the Act.
(4) If in the course of deciding to refuse the
application the Registrar has considered an
affidavit or other material from the Crown,
the Registrar may, if the material has not already
been served, provide the applicant with a copy
of that material when notifying the applicant of
the decision.
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2.24 Extension of time—application under section 313(2)
(1) An election under Rule 2.23(3) shall be by notice
in Form 6–2J, a copy of which the Registrar shall
forward to the applicant when notification is given
under Rule 2.23(3).
(2) The applicant must return the notice under
paragraph (1) to the Registrar within 10 days
after receiving it.
(3) If a notice is returned to the Registrar in
accordance with paragraph (2), the Registrar
shall notify the applicant in writing—
(a) that the notice has been received; and
(b) when appropriate, the day fixed for the
hearing.
2.25 Application under section 315—refusal of Judge of
Appeal to exercise powers
(1) If an application made to a Judge of Appeal under
section 315 of the Act is refused by the Judge—
(a) the Registrar shall notify the applicant of the
decision in Form 6–2D; and
(b) the applicant may elect to have the
application determined by the Court of
Appeal constituted by at least two judges.
(2) An election under paragraph (1) shall be by notice
in Form 6–2K (with any necessary modification) a
copy of which the Registrar shall forward to the
applicant.
(3) The applicant must return the notice under
paragraph (2) to the Registrar within 10 days
after receiving it.
(4) If notice under paragraph (2) is returned to the
Registrar in accordance with paragraph (3), the
Registrar shall notify the applicant in writing
that—
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(a) the notice has been received; and
(b) when appropriate, the day fixed for the
hearing.
(5) If notice under paragraph (2) is not returned to the
Registrar in accordance with paragraph (3), the
Registrar shall confirm to the applicant in writing
that—
(a) the application made under section 315 of
the Act was refused; and
(b) no notice of election has been received.
Part 7—Reference to Court of Appeal on petition
of mercy
2.26 Reference on petition of mercy
(1) If the Attorney-General refers a case to the
Court of Appeal under section 327(1)(a) of the
Act, for the purposes of the Act and this Order,
the petitioner whose case is referred shall be taken
to be a person who has obtained leave to appeal.
(2) Unless otherwise directed by the Court of Appeal,
the petition shall stand in place of a notice of
appeal.
(3) If the Attorney-General refers a point to
the judges of the Trial Division under
section 327(1)(b) of the Act, the point may
be considered in private.
Part 8—Procedures
2.27 Time
(1) If the last day for doing any act under this Order is
a day on which the office of the Court is closed,
the act may be done on the next day the office is
open.
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(2) The Court of Appeal or the Registrar may abridge
or extend time under this Order before the time
expires.
(3) The Court of Appeal or the Registrar may abridge
or extend time under this Order after the time has
expired.
(4) When extending time the Court of Appeal or the
Registrar may impose conditions or give
directions.
Note
See also section 313 of the Act.
2.28 Fine and imprisonment in default—fine paid to be
retained pending appeal
(1) If a person has been convicted and sentenced to
pay a fine and in default of payment sentenced
to imprisonment, the person authorised to receive
the fine shall retain it until determination of any
related appeal.
(2) Subject to any order of the Court of Appeal, a
person who has paid a fine in accordance with
a sentence shall, if the appeal is successful, be
entitled to the return of the fine paid.
(3) A person who remains in custody in default of
payment of a fine shall be taken to be a person
sentenced to imprisonment for the purposes of
the Act and this Order.
2.29 Procedure for appeal where fine and imprisonment
in default
(1) If a person who has been convicted and sentenced
to pay a fine and in default of payment sentenced
to imprisonment intends to appeal to the Court of
Appeal on grounds of law alone, this Rule applies.
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(2) If this Rule applies—
(a) the person convicted and sentenced shall
inform the trial judge of the intention to
appeal;
(b) the trial judge may, if of the opinion that it
is appropriate, order the intending appellant
immediately to enter into a recognizance in
Form 6–2L, with or without sureties, to
prosecute the appeal;
(c) the person convicted and sentenced shall
within the relevant time period set out in the
Act for the type of appeal, file a notice of
appeal in accordance with this Order; and
(d) the person convicted and sentenced shall, if
necessary, file an application under
section 313 of the Act for extension of time.
(3) If the intending appellant fails to comply with
paragraph (2)(c), the Registrar shall report the
failure to the Court of Appeal which may, after
notice has been given to the intending appellant
and any sureties—
(a) order forfeiture of the recognizances and
payment of the amount of the recognizances
to the Registrar immediately;
(b) issue a warrant for the arrest of the intending
appellant;
(c) order the imprisonment of the intending
appellant in default of payment of the fine;
and
(d) make any other order it thinks appropriate.
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2.30 Pre-hearing conference
(1) The Registrar may conduct such pre-hearing
conferences and give such directions with respect
to the preparation for hearing of an application for
leave to appeal or an appeal as the Registrar thinks
appropriate for the effective, complete and prompt
disposal of the proceeding.
(2) If the appellant is not represented and is in
custody, the Registrar may conduct any pre-
hearing conference with the parties separately.
(3) In relation to a Crown appeal, paragraph (2) shall
be read and construed as if the word "appellant"
were "respondent".
2.31 Transcript of trial
(1) At any time after the filing of a notice of appeal
or notice of application for leave to appeal, the
Registrar may direct the shorthand writers who
made notes of the trial from which the appeal or
application is brought or the persons who recorded
the trial by mechanical means under the Evidence
(Miscellaneous Provisions) Act 1958 to provide
a transcript in unrevised form of the whole or any
part of the notes or recording of the trial in writing
or electronic form.
(2) For the purposes of paragraph (1), the Registrar
may direct that the transcript be made by a
competent person or persons other than the
person or persons who took the notes or recorded
the trial.
(3) Any transcript required by this Rule—
(a) may be produced in writing or electronic
form as the Registrar considers appropriate
in any case and as the Registrar directs; and
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(b) shall be certified in accordance with the
Evidence (Miscellaneous Provisions)
Act 1958.
2.32 Preservation of exhibits
(1) The trial judge may make any order or give
any direction considered appropriate for the
production, custody or disposal of exhibits and
the recording officer of the originating court
shall keep a record of any such order or direction,
but if no order is made or direction given—
(a) all exhibits tendered on behalf of the
prosecution shall be returned to the custody
of the prosecution and shall be retained
pending any appeal; and
(b) any exhibit tendered at a trial otherwise than
by the prosecution shall be retained by the
Associate to the trial judge for 60 days after
which the Associate shall return that exhibit
to the person who produced it.
(2) If the Registrar gives the prosecution a direction
to produce an exhibit, the prosecutor shall produce
the exhibit as directed.
(3) If within 60 days the Registrar gives an Associate
a direction to produce an exhibit, the Associate
shall produce the exhibit as directed.
2.33 Copies of transcript, exhibits etc.
The appellant or the respondent or the legal
practitioner or representative of the appellant
or the respondent—
(a) may obtain from the Registrar a copy of the
transcript of the trial, in writing or electronic
form, as the case requires, that the Registrar
has directed to be provided under
Rule 2.31(1);
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(b) may obtain from the Registrar a copy of any
document which was an exhibit at the trial;
and
(c) may inspect by arrangement with the
Registrar any exhibit which cannot be
copied.
2.34 Return of exhibits after hearing
(1) When an appeal is finally determined, the Court
of Appeal may make orders as to the return of
exhibits as it thinks appropriate.
(2) If no order is made, each exhibit shall be returned
to the person who tendered it unless—
(a) it is a document of a kind kept by the
recording officer of the court of trial; or
(b) it is an exhibit to which section 311 of the
Act applies.
(3) The Registrar shall return to the recording officer
of the originating court any original depositions,
exhibits, presentment, indictment, inquisition,
plea or other document forming part of the record
of the originating court which was given to the
Registrar for the purposes of the appeal.
2.35 Certificate of conviction
(1) The recording officer of an originating court may
not issue a certificate of conviction until—
(a) 35 days after the date of conviction; or
(b) if the recording officer receives notice from
the Registrar that a notice of appeal or of
application for leave to appeal has been filed,
the determination of the appeal or refusal of
leave to appeal.
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(2) A person who seeks a certificate of conviction
may obtain a certificate from the Registrar stating
that no appeal or application for leave to appeal is
pending.
(3) A certificate under paragraph (2) may not be
given until 35 days after the date of conviction.
2.36 Attendance of appellant
(1) The appellant is entitled to attend the hearing of
an appeal or an application for leave to appeal
unless the Court of Appeal or a Judge of Appeal
directs otherwise or these Rules otherwise
provide.
(2) If the appellant does not attend in court on the
hearing, the appeal or the application may be
heard and determined in the appellant's absence.
(3) If the appellant so elects, the appellant may attend
before the Court by appearance by audiovisual
link, if it is practicable to do so.
(4) In relation to a Crown appeal, this Rule shall be
read and construed as if the word "appellant"
were "respondent".
2.37 Bringing appellant in custody before the Court
(1) The Registrar may constitute the Court of Appeal
for the purposes of making an order to bring an
appellant who is in custody before the Court
pursuant to—
(a) regulations made under the Corrections
Act 1986; or
(b) section 490 of the Children, Youth and
Families Act 2005.
(2) For the purposes of paragraph (1), the powers of
the Court of Appeal to make an order referred to
in that paragraph are delegated to the Registrar.
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2.38 Bail
(1) If the Court of Appeal grants an appellant bail
under section 310 of the Act, the Court may make
such orders in relation to bail as it sees fit.
Note
Under section 315(1)(e) of the Act, this power of the Court
of Appeal may be exercised by a single Judge of Appeal.
(2) An appellant who is on bail shall, when the appeal
is called on before the Court of Appeal, place
himself or herself in the custody of such persons
as the Court directs.
Note
See section 323 of the Act for bail following an appeal.
2.39 Registrar to notify determination
(1) Upon the determination of an appeal or of any
matter under section 315 of the Act, the Registrar
shall give notice of the result in Form 6–2M to—
(a) the appellant;
(b) the DPP;
(c) the governor of the prison (if any) in which
the appellant is imprisoned;
(d) the Secretary to the Department of Justice
and Regulation; and
(e) the officer of the originating court.
(2) The Registrar shall also notify the officer of the
originating court of any additional orders or
directions made or given by the Court of Appeal.
2.40 Notice of abandonment
(1) Subject to Rule 2.49(2), for the purposes of
section 314 of the Act an appeal (including an
application for leave to appeal or a Crown appeal)
or an application for extension of time may be
abandoned at any time before the hearing of an
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appeal is commenced by filing with the Registrar
a notice of abandonment in Form 6–2N.
(2) A notice of abandonment—
(a) shall be signed by the appellant personally;
and
(b) the appellant's signature shall be witnessed
by another person whose name and address
shall be stated clearly and legibly on the
notice of abandonment.
2.41 Abandonment
An appeal or application shall be taken to be
dismissed on the date the notice of abandonment
is filed.
2.42 Report from trial judge
(1) If a report is required under section 316 of
the Act, a trial judge shall comply with the
requirement promptly.
(2) When requiring a trial judge to provide a report
under section 316 of the Act, the Registrar shall
send the trial judge—
(a) a copy of the notice of appeal or of the
application for leave to appeal;
(b) any other document the Registrar thinks
material; and
(c) any other document—
(i) the Court of Appeal decides should be
sent to the trial judge; or
(ii) that the trial judge requests.
(3) Where amended grounds of appeal are filed after
a report has been required, the Registrar shall, as
soon as practicable, send the trial judge a copy of
the amended grounds and the written case, if
amended.
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(4) The Court of Appeal may determine an appeal
without a report from a trial judge if it thinks it
is appropriate to do so.
2.43 Original depositions, exhibits etc.
Without limiting section 317 of the Act, the
Registrar may require the recording officer of the
originating court to provide to the Registrar—
(a) the original depositions of witnesses
examined before the committing magistrate
or coroner;
(b) any exhibit retained by a court;
(c) the indictment or other written process
against the appellant;
(d) an abstract or copy of the whole or part of
the indictment;
(e) any plea filed in the originating court.
2.44 Witnesses before Court of Appeal—section 318
(1) If the Court of Appeal orders any witness to
attend and be examined before the Court under
section 318 of the Act—
(a) the order shall specify the time and place
when the witness is to attend; and
(b) the order shall, unless otherwise ordered, be
served by giving a copy of the order to the
person to be served.
(2) If an appellant is not legally represented and
seeks an order under section 318 of the Act, the
appellant shall file an application in Form 6–2O
with the Registrar.
(3) The Registrar shall send a copy of an application
under paragraph (2) to the legal practitioner for
the respondent.
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(4) The oath or affirmation to be administered to any
witness whose evidence is to be tendered under
section 318 of the Act shall be in accordance with
the Evidence Act 2008, unless the Court
otherwise permits or directs.
2.45 Examination other than by court under
section 318(2)
(1) If the Court of Appeal orders the examination of
a witness to be conducted otherwise than by the
Court under section 318(2) of the Act, the order
shall specify—
(a) the person appointed as examiner; and
(b) the witnesses to be examined.
(2) The Registrar shall give the examiner any
documents, exhibits and other material relating
to the appeal which the examiner requests.
(3) The examiner shall—
(a) appoint the day, time and place for the
examination; and
(b) request the Registrar to give notice in
Form 6–2P to—
(i) the appellant;
(ii) the respondent;
(iii) their legal practitioners; and
(iv) if the appellant is in custody, the
governor of the prison.
(4) A notice sent by the Registrar under paragraph (3)
shall be taken to be an order of the Court.
(5) The examiner shall administer the oath before
taking evidence from any witness except where
the witness would not need to be sworn if giving
evidence on a trial on indictment.
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(6) Unless the Court otherwise orders, any
examination under this Rule shall be in
private and depositions shall be taken.
(7) After an examination is completed the examiner
shall send or cause to be sent to the Registrar the
depositions and all documents, exhibits and other
material provided by the Registrar.
(8) The appellant and respondent and their legal
representatives shall be entitled to be present
and to take part in the examination.
(9) A police officer, if of the opinion that it is
necessary, may pay travelling expenses to a
witness upon whom the police officer serves—
(a) an order to appear before the Court of
Appeal; or
(b) a notice to attend before an examiner.
(10) Travelling expenses paid by a police officer shall
be certified by the officer to the Registrar who
shall certify the sum paid as part of the expenses
of the prosecution.
(11) Any order or notice required by this Rule to be
served shall be served personally unless the Court
otherwise orders.
2.46 Special commissioners—section 320
(1) Any appointment by the Court of Appeal of a
special commissioner under section 320 of the
Act shall be made by order.
(2) An order referred to in paragraph (1) shall
specify—
(a) the person who is to be the special
commissioner; and
(b) the question referred to the special
commissioner.
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(3) An order referred to in paragraph (1) may—
(a) specify whether the appellant or the
respondent or their legal representatives is
or are to be entitled to attend during all or
part of the examination or investigation;
(b) specify which powers (if any) of the Court
of Appeal may be exercised by the special
commissioner;
(c) require the special commissioner to make
interim reports upon the matter referred by
the Court of Appeal;
(d) give the appellant, if imprisoned, leave to
attend during the whole or any part of the
examination or investigation and give the
necessary directions to the governor of the
prison; and
(e) direct the Registrar to give copies of
the special commissioner's report to the
appellant and the respondent or to their
legal representatives.
(4) Where an order referred to in paragraph (1)
does not give directions as to any of the matters
referred to in paragraph (3), the Court of Appeal
may from time to time give directions in relation
to any such matters as it thinks fit.
Note
See section 320(3) of the Act as to remuneration of special
commissioners and section 326 of the Act as to expenses.
2.47 Entitlement to hearing when restitution order or
compensation order made
If an order referred to in section 311(1) of the Act
was made at a trial, the following persons may be
heard by the Court of Appeal at the hearing of an
appeal before any order under section 311(3) or
(4) of the Act is made—
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(a) a person against whom the order was made;
(b) a person in whose favour the order was
made; and
(c) with the leave of the Court of Appeal, any
other person.
2.48 Property subject to restitution order or
compensation order
For the purposes of section 311(5) of the Act, the
trial judge or the Court of Appeal may give any
direction considered proper—
(a) for securing the safe custody during the
appeal period of property or of a money
sum the subject of a restitution order or
compensation order; or
(b) as to the production of any such property or
money sum at an appeal.
2.49 Security may be ordered
(1) If the trial judge makes an order referred to in
section 311(1) of the Act for restitution or for
the payment of compensation, the trial judge
may direct that the order take effect immediately
unless security is given to the satisfaction of the
person in whose favour the order is made.
(2) A direction under paragraph (1) may be given
notwithstanding that the order would otherwise be
stayed under section 311 of the Act or Rule 2.48.
2.50 Property subject to order for forfeiture or
destruction
For the purposes of section 312(3) of the Act, the
trial judge or the Court of Appeal may give any
direction considered proper—
(a) for securing the safe custody during the
appeal period of property the subject of a
forfeiture order or destruction order; or
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(b) as to the production of any such property at
an appeal.
2.51 Custody of property of convicted person
The trial judge or the Court of Appeal may make
orders or give directions as to the custody, for the
appeal period, of any money or other valuable
property belonging to a convicted person which—
(a) was taken from the convicted person when
arrested; or
(b) is in the possession of the prosecution at the
date of conviction or the date of application
for leave to appeal.
2.52 Transfer of prisoners
The Secretary to the Department of Justice and
Regulation shall arrange to transfer an appellant
who is a prisoner to a prison near the Court of
Appeal in sufficient time before the hearing
commences to enable the appellant to consult
legal advisers.
2.53 Duties of prison officers
(1) A prison officer within the meaning of the
Corrections Act 1986 who has custody of a
person at the time the person is convicted on
indictment shall immediately inform the person
convicted that—
(a) if the person wishes to appeal against
conviction, the person may do so with
the leave of the Court of Appeal;
(b) if the person wishes to obtain leave of the
Court of Appeal, the person must give notice
of application for leave not later than 28 days
after sentence;
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(c) if the person wishes to appeal against the
sentence, the person may do so with the
leave of the Court of Appeal and must
give notice of the application not later than
28 days after sentence;
(d) applications for leave to appeal are
determined without an oral hearing unless
the person requests an oral hearing and
confirms that request in writing to the
Registrar, in accordance with any applicable
practice direction.
(2) The prison officer shall—
(a) inform the convicted person that, unless it
is otherwise ordered or the application is
determined without an oral hearing, the
person is entitled—
(i) to attend or appear at the hearing of
the appeal or application for leave to
appeal; or
(ii) if it is practicable to do so, to appear
by audio visual link;
Note
See sections 328, 329 and 330 of the Act regarding
attendance and appearance.
(b) give the convicted person a copy of
Form 6–2Q; and
(c) obtain from the convicted person a written
acknowledgment that the person has received
a copy of Form 6–2R and has read and
understood it.
(3) If a convicted person expresses a wish to
attend or appear at the hearing of an appeal or
application or to appear by audio visual link, the
prison officer who has the custody of the person
shall inform the Registrar, who shall obtain the
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necessary order or make the necessary
arrangements, as the case may be.
(4) A prison officer who has custody of a convicted
person shall give that person upon request the
appropriate forms under these Rules.
2.54 Obligation of prison officers—section 283 appeals
If the County Court under section 256, 259 or 262
of the Act substitutes a sentence of imprisonment
for any other sentence imposed by the Magistrates'
Court, the prison officer who first has custody of
the person sentenced shall—
(a) immediately inform that person of the
right to apply for leave to appeal under
section 283 of the Act;
(b) give to that person a copy of Forms 6–2C
and 6–2R; and
(c) obtain from that person a written
acknowledgment that the person has received
the forms and has read and understood them.
Part 9—Other applications to Court of Appeal
2.55 Application of Part
This Part applies if—
(a) a party seeks to make an application to the
Court of Appeal that is not otherwise dealt
with by these Rules; and
(b) the Rules make no provision for such
application.
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2.56 Application by summons
(1) An application under this Part shall be made
by summons for directions returnable before
the Registrar supported by affidavit.
(2) The application is taken to be made when the
summons is filed.
2.57 Service
The applicant shall serve the summons for
directions and any accompanying affidavit on
each respondent—
(a) within three days of filing the application; or
(b) within such other time as the Registrar by
order provides.
2.58 Directions hearing
(1) At the directions hearing, the Registrar may give
any directions for the conduct of the application
which the Registrar thinks conducive to its
effective, prompt and economical determination.
(2) The Registrar may make such order for costs as
the Registrar thinks fit in relation to the exercise
of any power conferred on the Registrar under this
Part.
2.59 Court of Appeal may set aside or give directions
The Court of Appeal, on application by any party
to the application, may—
(a) set aside or vary any direction given or order
made by the Registrar; and
(b) give directions in relation to the application.
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Order 3—Interlocutory appeals under the
Criminal Procedure Act 2009
3.01 Application of Order
This Order applies to appeals under Division 4 of
Part 6.3 of Chapter 6 of the Criminal Procedure
Act 2009.
3.02 Definitions
In this Order, unless the context or subject matter
otherwise requires—
the Act means the Criminal Procedure Act 2009.
3.03 Commencement of interlocutory appeal—
section 295
(1) An appeal under section 295 of the Act against
an interlocutory decision made in a proceeding is
commenced by filing with the Registrar a notice
of application for leave to appeal in Form 6–3A.
Note
Section 298(1) of the Act sets out the time limits for filing
the notice of application for leave to appeal, subject to any
extension under section 313 of the Act.
(2) A notice of application for leave to appeal shall
state in precise terms the grounds on which it is
sought to appeal.
3.04 Commencement of application for review of refusal
to certify—section 296
(1) An application for review under section 296 of the
Act is commenced by filing with the Registrar a
notice of application for review in Form 6–3B.
Note
Section 296 of the Act sets out the time limits for filing the
notice of application for review, subject to any extension
under section 313 of the Act.
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(2) A notice of application for review shall state in
precise terms the grounds on which it is sought
to review the decision.
3.05 Appellant to file affidavit
(1) As soon as practicable after filing a notice under
Rule 3.03, the applicant shall file and serve an
affidavit stating the acts, facts, matters and
circumstances relating to—
(a) the order under appeal;
(b) the grounds set out in the notice of
application for leave to appeal; and
(c) why leave to appeal should be given.
(2) As soon as practicable after filing a notice under
Rule 3.04, the applicant shall file and serve an
affidavit stating the acts, facts, matters and
circumstances relating to—
(a) the decision to be reviewed;
(b) the grounds set out in the notice of
application for review; and
(c) why leave to appeal should be given.
(3) There shall be included as exhibits to the
affidavit—
(a) a copy of the order under appeal or the
decision to be reviewed, as the case requires;
and
(b) a copy of any reasons given for the order or
decision, as the case requires—
or their absence as exhibits shall be accounted for
in the affidavit.
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3.06 Application for leave may be treated as appeal or
review
(1) The Court of Appeal may treat the hearing of
an application for leave to appeal against an
interlocutory decision or an application for
review of a decision to refuse to certify as the
hearing of the appeal or review.
(2) If the Court of Appeal grants leave to appeal, the
notice of application for leave to appeal, or the
notice of application for review of a decision to
refuse to certify, as the case requires, is sufficient
notice of appeal.
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Order 3A—Appeals on a question of law
3A.01 Application of Order and definitions
(1) This Order applies to an appeal or an application
for leave to appeal on a question of law—
(a) under Part 6.2 of Chapter 6 of the Criminal
Procedure Act 2009;
(b) under Division 5 of Part 5.4 of Chapter 5
of the Children, Youth and Families
Act 2005; or
(c) to which, by another Act, Part 6.2 of
Chapter 6 of the Criminal Procedure
Act 2009 or Division 5 of Part 5.4 of
Chapter 5 of the Children, Youth and
Families Act 2005 applies.
(2) In this Order, unless the context or subject matter
otherwise requires, the Act means the Criminal
Procedure Act 2009.
3A.02 Commencement of appeal on a question of law
An appeal to which this Order applies is
commenced by filing a notice of appeal in
the Trial Division.
Note
Section 272(3) of the Criminal Procedure Act 2009
and section 430P of the Children, Youth and Families
Act 2005 require the notice of appeal to be filed within
28 days after the day on which the order complained of
was made.
3A.03 Notice of appeal
(1) A notice of appeal under section 272 of the Act
or section 430P of the Children, Youth and
Families Act 2005 shall—
(a) be in writing signed by the appellant or the
appellant's legal practitioner;
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(b) set out or state—
(i) the order which is the subject of appeal;
(ii) whether the appeal is from the whole or
part only of the order and, if so, what
part;
(iii) the question of law upon which the
appeal is brought;
(iv) concisely the grounds of appeal;
(v) the order sought in place of that from
which the appeal is brought; and
(c) at its end, name all the persons on whom it is
proposed to serve the notice of appeal.
(2) As soon as practicable after filing the notice of
appeal, the appellant shall—
(a) deliver a copy to the registrar or other proper
officer of the court that made the order the
subject of the appeal;
(b) unless the Court otherwise orders, serve a
copy of the notice on all persons directly
affected by the appeal.
(3) The requirements under paragraph (2) are in
addition to the requirements of—
(a) section 272(4) and (5) of the Act, in the
case of an appeal or application for leave
to appeal under Part 6.2 of Chapter 6 of the
Act; and
(b) section 430P(4) and (5) of the Children,
Youth and Families Act 2005, in the case
of an appeal or application for leave to
appeal under Division 5 of Part 5.4 of
Chapter 5 of that Act.
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(4) The Court may give leave to amend the grounds
of appeal or make any other order to ensure the
proper determination of the appeal.
3A.04 Appellant to file affidavit
(1) Within seven days after filing notice of appeal,
the appellant shall file an affidavit stating the acts,
facts, matters and circumstances relating to—
(a) the order under appeal;
(b) the grounds set out in the notice of appeal;
and
(c) if leave to appeal is needed, why leave to
appeal should be given.
(2) There shall be included as exhibits to the
affidavit—
(a) a copy of the order under appeal; and
(b) a copy of any reasons given for the order—
or their absence as exhibits shall be accounted for
in the affidavit.
3A.05 Directions
(1) Within seven days after filing notice of appeal, the
appellant shall apply on summons to an Associate
Judge for directions and, if necessary, for leave to
appeal.
(2) The application is taken to be made when the
summons is filed.
(3) Not less than 14 days before the day for hearing
named in the summons, the appellant shall serve
on the respondent to the appeal the summons
together with—
(a) a copy of the affidavit filed under
Rule 3A.04; and
(b) any exhibit.
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(4) Not less than five days before the day for hearing
named in the summons the respondent shall file
and serve a copy of any affidavit in answer and
shall serve a copy of any exhibit.
(5) If at any time the Associate Judge is satisfied that
the hearing of the summons should be expedited,
the Associate Judge may, of the Associate Judge's
own motion or on application, bring the summons
on for hearing.
(6) Subject to paragraphs (7) and (8), the Associate
Judge shall give directions with respect to the
appeal.
(7) If leave to appeal is required—
(a) the Associate Judge shall determine whether
leave to appeal is given; and
(b) if leave to appeal is refused, the Associate
Judge shall dismiss the appeal.
(8) The Associate Judge may dismiss the appeal if
satisfied that—
(a) the notice of appeal does not identify
sufficiently or at all a question of law
on which the appeal may be brought;
(b) the appellant does not have an arguable case
on appeal or to refuse leave would impose no
substantial injustice; or
(c) the appeal is frivolous, vexatious or
otherwise an abuse of the process of
the Court.
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3A.06 Leave to appeal
An application for leave to appeal shall be heard
and determined by the Associate Judge under
Rule 3A.05.
Note
Section 272(7) of the Act and section 430P(7) of the
Children, Youth and Families Act 2005 set out the
circumstances in which an appeal is deemed to be an
application for leave to appeal.
3A.07 Stay
The Court may order any stay necessary for
the proper hearing and determination of the
application or the appeal.
Note
See also section 272(6) and (11) of the Act and section
430P(6) and (11) of the Children, Youth and Families
Act 2005.
3A.08 Delay and expedition
(1) Where the Court is satisfied that the delay caused
by proceeding in accordance with this Order
would or might entail injustice, the Court may
make an order under this Order without notice to
any party upon such terms as to costs or otherwise
and subject to such undertaking, if any, as it thinks
fit.
(2) The Court may set aside any order made under
paragraph (1) on the application of any person
affected.
(3) Where the Court is satisfied that the justice of the
case requires, the Court may order that, subject to
any order otherwise, an application for leave to
appeal be heard and determined by the Court
which, if leave is granted, is to hear and determine
the appeal and may give directions accordingly.
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3A.09 Report
The Court may call for a report from the court that
made the order from which the appeal is brought,
and, if the contents of that report have first been
made available to the parties to the appeal, the
Court may act upon the report.
3A.10 Reference by Associate Judge to Judge of the Court
(1) If on an application to an Associate Judge in
accordance with Rule 3A.05 or 3A.06 it appears
to the Associate Judge that the application is
proper for the determination of a Judge of the
Court, the Associate Judge may refer the
application to a Judge of the Court.
(2) The Judge of the Court to whom the application is
referred may—
(a) hear and determine the application; or
(b) refer it back to the Associate Judge with
directions.
(3) An Associate Judge may refer to a Judge of the
Court for directions any question arising on an
application to the Associate Judge.
3A.11 Reference by Judge of the Court to Associate Judge
(1) Notwithstanding Rule 1.16, if an appeal to which
this Order applies appears to a Judge of the Court
to be proper for the determination of an Associate
Judge, the Judge of the Court, by order, may refer
the appeal to an Associate Judge.
(2) If a Judge of the Court refers an appeal to an
Associate Judge, the Associate Judge may—
(a) hear and determine the appeal, subject to any
directions in the order referring the appeal;
or
(b) refer the appeal back to the Judge of the
Court.
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(3) In hearing and determining an appeal referred
by a Judge of the Court to an Associate Judge,
the Associate Judge has the same powers as a
Judge of the Court would have in hearing and
determining the appeal, subject to any directions
in the order referring the appeal.
3A.12 Appeal to a Judge of the Court
(1) This Rule applies to an appeal under section 17(3)
of the Supreme Court Act 1986 to the Trial
Division constituted by a Judge of the Court from
a determination of the Trial Division constituted
by an Associate Judge in a matter to which this
Order applies.
(2) Rules 77.06.1 to 77.06.9 of Chapter I apply, with
any necessary modification, to an appeal to which
this Rule applies.
3A.13 Appeal to the Court of Appeal
(1) Subject to section 17A of the Supreme Court
Act 1986, for the purposes of sections 10(1)(ab)
and 17(3) of that Act—
(a) an appeal lies to the Court of Appeal
(and not to the Trial Division) from a
determination of the Trial Division
constituted by an Associate Judge in
respect of an appeal to which this Order
applies if the appeal was referred to the
Associate Judge by a Judge of the Court
under Rule 3A.11;
(b) the appeal to the Court of Appeal may
extend to any determination of the Trial
Division constituted by the Associate
Judge in respect of any matter related to
the referred appeal, even if the matter was
within the authority of an Associate Judge
apart from the referral; and
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(c) if leave to appeal would have been required
had the appeal been determined by a Judge
of the Court, the appeal from the Trial
Division constituted by an Associate Judge
shall only be by leave of the Court of
Appeal.
Note
An example of a related matter for the purposes of
Rule 3A.13(1)(b) is an associated application for
leave to appeal.
(2) Order 64 of Chapter I applies to an appeal
referred to in paragraph (1) with any necessary
modification.
Order 3B—Appeals under the Children, Youth and Families Act 2005 other than
appeals on a question of law
Supreme Court (Criminal Procedure) Rules 2017
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54 17-033SR.S1-20/11/2017
Order 3B—Appeals under the Children,
Youth and Families Act 2005 other than
appeals on a question of law
3B.01 Application of Order
This Order applies to appeals to the Trial
Division under Divisions 1, 2 and 2A of Part 5.4
of Chapter 5 of the Children, Youth and
Families Act 2005 from the Children's Court
constituted by the President of that Court.
3B.02 Notice of appeal and undertaking to proceed with
appeal
A notice of appeal under section 425 of the
Children, Youth and Families Act 2005 and
undertaking to proceed with the appeal shall be
in Form 6–3BA.
Note
Section 425 of the Children, Youth and Families Act 2005
provides for the notice of appeal to be filed in the Children's
Court within 28 days after the Children's Court imposes the
sentence and requires service of a copy on the respondent
within 7 days of being filed.
3B.03 Legal practitioner to notify that practitioner acts
(1) If a legal practitioner is engaged to act on behalf
of an appellant or a respondent to an appeal to
which this Order applies, the legal practitioner
shall without delay notify the Prothonotary in
writing that the practitioner so acts and provide
an address for service.
(2) If a legal practitioner ceases to act on behalf of
an appellant or a respondent or the address for
service is changed, the legal practitioner shall
without delay so notify the Prothonotary in
writing.
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appeals on a question of law
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3B.04 Prothonotary to fix hearing
(1) The Prothonotary shall—
(a) fix the date and place for hearing of the
appeal; and
(b) notify in writing each party and each legal
practitioner who has given notice under
Rule 3B.03 of the date and place of hearing
a reasonable time before the hearing.
(2) Notification in writing under paragraph (1)(b)
may be—
(a) by pre-paid ordinary mail;
(b) where an email address has been supplied by
the party or the legal practitioner of a party,
by email; or
(c) where a legal practitioner for a party has
facilities for the reception of documents in
a document exchange, by delivering the
notification into those facilities.
3B.05 Recording of decision on appeal under section 424
(1) When an appeal under section 424 of the
Children, Youth and Families Act 2005 is
determined—
(a) the Associate to the Judge of the Court who
heard the appeal shall record the sentence or
particulars of the decision, in quadruplicate,
in Form 6–3BB; and
(b) that record shall constitute the final record of
the order of the Court on the appeal.
(2) If a number of appeals is heard together, it is not
necessary to record the sentence or particulars
required by paragraph (1) on separate forms for
each appeal but it is necessary for the sentence
or such particulars in respect of each charge to
be recorded in full.
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appeals on a question of law
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(3) The Associate to the Judge of the Court shall
deliver—
(a) three copies of the record of the order of the
Court to the Prothonotary who shall—
(i) file one copy;
(ii) send one copy to the registrar of the
Children's Court at the venue of the
court from which the appeal was
brought; and
(iii) if the appellant is required to serve a
term of detention, deliver one copy to
the person responsible for keeping the
appellant; and
(b) if the appellant is required to serve a term of
detention, one copy of the record of the order
of the Court to the prison officer responsible
for conveying the appellant to the place of
detention.
(4) The record shall be sufficient to authorise the
keeping of the appellant for the period and in
the manner set out in the record.
3B.06 Appeal by DPP against sentence
A notice of appeal under section 428 of the
Children, Youth and Families Act 2005 shall
be in Form 6–3BC.
Note
Section 428 of the Children, Youth and Families Act 2005
provides for the notice of appeal to be filed in the Children's
Court within 28 days after the Children's Court imposes the
sentence and requires service of a copy on the respondent
within 7 days of being filed.
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appeals on a question of law
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3B.07 Appeal by DPP under section 429A—failure to fulfil
undertaking
A notice of appeal under section 429B of the
Children, Youth and Families Act 2005 shall
be in Form 6–3BD.
Note
Section 429B(2) of the Children, Youth and Families
Act 2005 provides for the notice of appeal to be served
personally on the respondent within 14 days after the
notice is filed in the Children's Court.
3B.08 Abandonment of appeal
(1) A notice of abandonment of appeal shall be in
Form 6–3BE.
(2) Written notice under section 430C(3) of the
Children, Youth and Families Act 2005 shall
be in Form 6–3BF.
(3) When a notice of abandonment of appeal is filed,
the Prothonotary shall make an order striking out
the appeal.
3B.09 Order striking out appeal
(1) An order under section 430C or 430D of the
Children, Youth and Families Act 2005 striking out an appeal shall be in Form 6–3BG.
(2) The Prothonotary shall cause a copy of the order
to be forwarded to the registrar of the Children's
Court at the venue of the court from which the
appeal was brought.
3B.10 Application to set aside order striking out appeal for
failure to appear
An application to set aside an order striking out
an appeal because of the failure of the appellant
to appear may be in Form 6–3BH.
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appeals on a question of law
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3B.11 Original depositions, exhibits etc.
The Court may require the recording officer of the
Children's Court to provide to the Court—
(a) the original depositions of witnesses
examined before the Children's Court;
(b) any exhibit retained by the Children's Court;
(c) the indictment or other written process
against the appellant;
(d) an abstract or copy of the whole or part of
the indictment;
(e) any plea filed in the Children's Court.
3B.12 Prothonotary to notify determination
(1) When an appeal to which this Order applies is
determined by the Court, the Prothonotary shall
give notice in Form 6–3BI to—
(a) the appellant;
(b) the DPP or the Director of Public
Prosecutions of the Commonwealth
(as the case requires);
(c) the superintendant of the remand centre,
youth residential centre, youth justice
centre or prison in which the appellant
is in custody;
(d) the Secretary to the Department of Justice
and Regulation; and
(e) the relevant officer of the Children's Court.
(2) The Prothonotary shall also notify the relevant
officer of the Children's Court of any additional
orders or directions made or given by the Court
in relation to the appeal.
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appeals on a question of law
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3B.13 Certificate of conviction
(1) The recording officer of the Children's Court may
not issue a certificate of conviction until—
(a) 35 days after the date of conviction; or
(b) if the recording officer receives notice from
the Prothonotary that a notice of appeal or of
application for leave to appeal has been filed,
the determination of the appeal or dismissal
of the application.
(2) A person who seeks a certificate of conviction
may obtain a certificate from the Prothonotary
stating that no appeal or application for leave to
appeal is pending.
(3) A certificate under paragraph (2) may not be
given until 35 days after the date of conviction.
3B.14 Fine and imprisonment in default—fine paid to be
retained pending appeal
(1) If a person has been convicted and sentenced to
pay a fine and in default of payment sentenced to
imprisonment, the person authorised to receive
the fine shall retain it until determination of any
related appeal.
(2) Subject to any order of the Court, a person who
has paid a fine in accordance with a sentence
shall, if the appeal is successful, be entitled to
the return of the fine paid.
(3) A person who remains in custody in default of
payment of a fine shall be taken to be a person
sentenced to imprisonment for the purposes of
the Children, Youth and Families Act 2005
and this Order.
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3B.15 Entitlement to hearing when restitution order or
compensation order made
If an order referred to in section 430Z(1) of the
Children, Youth and Families Act 2005 was
made at a trial, the following persons may be
heard by the Court before any direction under
section 430Z(2) of that Act is given—
(a) a person against whom the order was made;
(b) a person in whose favour the order was
made; and
(c) with the leave of the Court, any other person.
3B.16 Property subject to restitution order or
compensation order
For the purposes of section 430Z(5) of the
Children, Youth and Families Act 2005,
the Court may give any direction considered
proper—
(a) for securing the safe custody during the
appeal period of property or of a money
sum the subject of a restitution order or
compensation order; or
(b) as to the production of any such property
or money sum at an appeal.
Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
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Order 3C—Appeals from Children's Court
under the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997
3C.01 Application of Order 3C
This Order applies to appeals to the Trial
Division under Part 5A of the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997 from the Children's Court constituted
by the President of that Court or by the Chief
Magistrate who is a dual commission holder.
3C.02 Appeal by child against finding of unfitness to
be tried
A notice of appeal to the Trial Division under
section 38U(1) of the Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997 shall be in Form 6–3CA.
3C.03 Appeal by child against finding of not guilty
because of mental impairment
A notice of appeal to the Trial Division under
section 38ZE(1) of the Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997 shall be in Form 6–3CB.
3C.04 Appeal by DPP against order for unconditional
release
A notice of appeal to the Trial Division under
section 38ZF(1) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CC.
3C.05 Appeal by child against supervision order
A notice of appeal to the Trial Division under
section 38ZJ(1) of the Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997 shall be in Form 6–3CD.
Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997
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3C.06 Appeal by DPP, Attorney-General or Secretary to
the Department of Health and Human Services
against supervision order
A notice of appeal to the Trial Division under
section 38ZJ(2) of the Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997 shall be in Form 6–3CE.
3C.07 Affidavit in support
(1) At the time of filing a notice of appeal in
accordance with Rule 3C.02, 3C.03, 3C.04, 3C.05
or 3C.06 (as the case requires), the appellant shall
file an affidavit in support of the appeal, together
with the requisite exhibits.
(2) The affidavit shall set out the acts, facts, matters
and circumstances relating to—
(a) the finding or order of the Children's Court
constituted by the President against which
the appeal is brought; and
(b) the grounds in the notice of appeal.
(3) There shall be included as exhibits to the
affidavit—
(a) a copy of the charge, indictment or other
written process against the appellant;
(b) a copy of the finding or order against which
the appeal is brought; and
(c) a copy of any reasons given for the finding
or order—
or their absence as exhibits shall be accounted for
in the affidavit.
(4) There shall also be included as exhibits to the
affidavit copies of all other documents on which
the appellant intends to rely in support of the
appeal, insofar as those documents or copies are
within the possession or power of the appellant.
Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997
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(5) At the time of transmitting the notice of appeal to
the Supreme Court as required by the applicable
provisions of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997, the
Children's Court shall also transmit to the
Supreme Court the affidavit and exhibits filed by
the appellant under this Rule.
(6) At the time of serving the notice of appeal as
required by the applicable provisions of the
Crimes (Mental Impairment and Unfitness
to be Tried) Act 1997, the appellant shall also
serve a copy of the affidavit and copies of the
exhibits on the respondent in accordance with—
(a) section 392 of the Criminal Procedure
Act 2009 in the case of an appeal by a child;
and
(b) section 391 of that Act in any other case.
3C.08 Children's Court recording officer to give Court
documents when required
The Court may require the recording officer of
the Children's Court to provide to the Court any
documents retained by the Children's Court that
are relevant to the appeal.
Order 3D—Appeals to Trial Division under Part 6.1 of Chapter 6 of the Criminal
Procedure Act 2009
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Order 3D—Appeals to Trial Division
under Part 6.1 of Chapter 6 of the
Criminal Procedure Act 2009
3D.01 Application of this Order
This Order applies to any appeal under Part 6.1
of Chapter 6 of the Criminal Procedure
Act 2009 to the Trial Division of the Court from
the Magistrates' Court constituted by the Chief
Magistrate who is a dual commission holder.
3D.02 Definitions
In this Order, unless the context or subject matter
otherwise requires—
the Act means the Criminal Procedure Act 2009.
3D.03 Notice of appeal by offender
(1) A notice of appeal and undertaking to proceed
under section 255 of the Act shall be in
Form 6-3DA.
(2) The notice of appeal and undertaking to proceed
shall be signed by the appellant in the presence
of—
(a) the Registrar of the Magistrates' Court with
whom the notice of appeal is filed;
(b) if the appellant is in a prison, youth justice
centre or youth residential centre—
(i) the officer in charge of the prison,
youth justice centre or youth residential
centre; or
(ii) any prison officer of or above the rank
of senior prison officer; or
(c) if the appellant is in a police gaol, a police
officer—
(i) of or above the rank of sergeant; or
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Procedure Act 2009
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(ii) for the time being in charge of a police
station.
(3) A notice under section 255(6)(a) of the Act shall
be in Form 6–3DB.
3D.04 Appeals by DPP against sentence or failure to fulfil
undertaking
(1) A notice of appeal referred to in section 258 of
the Act in respect of an appeal by the DPP under
section 257 of the Act shall be in Form 6–3DC.
(2) Within 7 days after serving a copy of the notice
of appeal in accordance with section 258(2) of
the Act, the DPP shall file in the Supreme Court—
(a) a copy of the notice of appeal; and
(b) an affidavit of service.
(3) A notice of appeal referred to in section 261 of
the Act in respect of an appeal by the DPP under
section 260 of the Act shall be in Form 6–3DD.
(4) Within 7 days after serving a copy of the notice
of appeal in accordance with section 261(2) of
the Act, the DPP shall file in the Supreme Court—
(a) a copy of the notice of appeal; and
(b) an affidavit of service.
3D.05 Prothonotary to fix date for hearing of appeal
The Prothonotary shall—
(a) fix the date and place for hearing of each
appeal to which this Order applies and of
each application referred to in Rule 3D.08;
and
(b) notify in writing each party and each legal
practitioner who has given notice under
Rule 3D.10 of the date and place of hearing
within a reasonable time before the hearing.
Order 3D—Appeals to Trial Division under Part 6.1 of Chapter 6 of the Criminal
Procedure Act 2009
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3D.06 Abandonment of appeal
(1) A notice of abandonment of appeal under
section 266 of the Act shall be in Form 6–3DE.
(2) For the purposes of the striking out of an appeal
under section 266(4) of the Act, the Court may be
constituted by the Prothonotary or a Judge of the
Court.
3D.07 Written notice of abandonment of appeal—
conviction only
Written notice under section 266(2) of the Act
that an appeal against conviction is abandoned,
but an appeal against sentence is pursued, shall
be in Form 6–3DF.
3D.08 Application to set aside an order striking out appeal
for failure to appear
(1) An application under section 267(3) of the Act to
set aside an order striking out an appeal for failure
to appear shall be in Form 6–3DG.
(2) The Prothonotary shall, as soon as practicable,
forward a copy of the application to the court
where the original sentence or order was imposed.
3D.09 Recording and notification of result of appeal
(1) The Court shall record the result of each appeal to
which this Order applies in a result of appeal form
in Form 6–3DH.
(2) The Prothonotary shall forward a copy of the
result of appeal form to—
(a) the court where the original sentence or order
was imposed;
(b) the parties; and
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(c) any person or authority concerned with the
administration of any sentence or order
originally imposed in the Magistrates' Court,
or any sentence or order imposed by the
Court on appeal.
(3) If more than one appeal is heard together, it is not
necessary to record the sentence on a separate
result of appeal form, but the outcome of each
appeal, the particulars of each charge and the
sentences imposed shall be recorded in full.
(4) Where the Court has imposed a sentence
of imprisonment or detention, the result of appeal
form shall be sufficient to authorise the keeping of
the appellant for the period and in the manner set
out in the form.
3D.10 Legal practitioner to notify that practitioner acts
(1) If a legal practitioner is engaged to act on behalf
of an appellant or a respondent to an appeal to
which this Order applies, the legal practitioner,
without delay, shall notify the Prothonotary in
writing that the practitioner so acts and provide
an address for service.
(2) If a legal practitioner ceases to act on behalf of
an appellant or a respondent or the address for
service is changed, the legal practitioner shall
without delay so notify the Prothonotary in
writing.
Order 4—Criminal Procedure rules
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Order 4—Criminal Procedure rules
Part 1—Pre-trial criminal procedure
4.01 Definitions
In this Order, unless the context or subject matter
otherwise requires—
the Act means the Criminal Procedure Act 2009.
4.02 Filing indictment
(1) The DPP shall file an indictment by delivering it
to the Associate to the Judge of the Court before
whom indictment is to be made.
Note
See also section 159 of the Act.
(2) The Associate to the Judge of the Court before
whom indictment has been made shall deliver
the indictment to the Prothonotary.
(3) The DPP must, as soon as practicable after
an indictment is filed, forward a copy of the
indictment to the Judicial Registrar-Criminal
Division.
Note
See section 171 of the Act for service of a copy of the
indictment on the accused.
4.03 Notice to accompany copy indictment—no legal
practitioner representing accused
For the purposes of section 171(1)(b) of the Act
the form of notice is Form 6–4A.
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4.04 Notice by legal practitioner to DPP and Judicial
Registrar-Criminal Division
(1) A legal practitioner who commences to act
for an accused must, as soon as possible
after commencing so to act, serve a notice in
Form 6–4B that the legal practitioner acts for
the accused upon—
(a) the DPP; and
(b) the Judicial Registrar-Criminal Division.
(2) Subject to paragraph (3), a legal practitioner
who ceases to act for an accused must, as soon
as possible after so ceasing to act—
(a) serve a notice in writing in Form 6–4C
that the legal practitioner has ceased so
to act upon—
(i) the DPP;
(ii) the Judicial Registrar-Criminal
Division; and
(iii) the accused;
(b) return to the Judicial Registrar-Criminal
Division the copy of the depositions and
all other material provided by the Judicial
Registrar-Criminal Division in relation to
the matter; and
(c) return to the DPP all materials provided
by the DPP in relation to the matter.
(3) Where paragraph (2) applies to an officer of
Victoria Legal Aid, the notice shall not be served
and the materials shall not be returned until the
expiration of the time for appeal against the
decision to terminate legal assistance or the
resolution of any such appeal (whichever last
occurs) but must be respectively served and
returned as soon as possible thereafter unless the
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decision to terminate legal assistance has been
reversed.
4.05 Notice by legal practitioner to Prothonotary
(1) A legal practitioner who acts for an accused must
file with the Prothonotary a notice in Form 6–4B
that the legal practitioner so acts—
(a) if the legal practitioner has commenced
so to act before service of a copy of the
indictment, within 14 days after service
of the copy indictment; or
(b) if the legal practitioner commences so to act
after service of a copy of the indictment, as
soon as possible after commencing so to act.
(2) A legal practitioner who having filed a notice
under paragraph (1) ceases to act for an accused,
must as soon as possible after so ceasing to act
file with the Prothonotary a notice in Form 6–4C.
Note
See also section 249 of the Act.
4.06 Unrepresented accused
(1) Within 28 days of the receipt of a copy of an
indictment the Judicial Registrar-Criminal
Division must, unless notified that a legal
practitioner is acting for an accused—
(a) if the accused is on bail, contact the accused
requesting attendance at the office of the
Judicial Registrar-Criminal Division at a
time fixed by the Judicial Registrar-Criminal
Division to determine what steps the accused
has taken to obtain legal representation for
the trial and at the time of making such
request the Judicial Registrar-Criminal
Division must inform the accused that, if
there is no attendance as requested, the Court
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will require the accused to attend the Court
for the same purpose; and
(b) if the accused is in custody, attend personally
or by a representative on the accused at the
place where the accused is held to determine
what steps the accused has taken to obtain
legal representation for the trial.
(2) The Judicial Registrar-Criminal Division must
report to the Principal Judge of the Criminal
Division any uncertainty as to the legal
representation of an accused in order to enable
the Principal Judge of the Criminal Division to
give directions to the Judicial Registrar-Criminal
Division as to what steps are to be taken to resolve
any such uncertainty.
4.07 Case conference
(1) The Judicial Registrar-Criminal Division may
conduct a case conference at any time before the
trial.
(2) The purpose of the case conference is to assist in
the fair and efficient conduct of the trial, including
but not limited to, clearly identifying what is in
dispute between the parties and ensuring the trial
is ready to commence on the trial date listed.
(3) Not less than seven days before the date proposed
for a case conference, written notice of the case
conference is to be given to—
(a) the DPP;
(b) the accused (if unrepresented); and
(c) the accused's legal practitioner (if any).
(4) At a case conference—
(a) the DPP shall, subject only to any substantial
consideration of the personal safety of
witnesses—
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(i) give notice of the name of any witness
who may be called as a Crown witness
upon the trial and whose name does not
appear on the indictment as a witness or
as an additional witness;
(ii) give notice of the substance of the
evidence proposed to be adduced from
each such witness (whether by way of
provision of a copy of a statement made
by the witness or otherwise);
(iii) provide to the Judicial Registrar-
Criminal Division any information
that the Judicial Registrar-Criminal
Division may reasonably require as to
the availability of each Crown witness;
and
(iv) notify the Judicial Registrar-Criminal
Division and the accused of the name
of any potential Crown witness whose
deposition the Crown proposes to apply
to tender in evidence and the grounds
of any such proposed application; and
(b) the accused or the accused's legal
practitioner must be prepared to certify
that the accused is ready to proceed on
the Listed Date (if any).
(5) Nothing said by or on behalf of an accused at a
case conference, and no failure by an accused to
answer a question at a case conference, shall be
used in any subsequent trial or made the subject
of any comment at that trial.
(6) Nothing in paragraph (5) precludes an accused
from relying on an indication of an intention to
plead guilty given at a case conference.
Note
There is no Rule 4.08.
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Part 2—Notices under the Act and general matters
4.09 Commonwealth DPP
This Order applies, with any necessary
modification, to the Commonwealth DPP in
the same manner as it applies to the DPP.
4.10 DPP to specify sections in notice given under the Act
In any notice given under the Act, the DPP must
specify the section of the Act under which that
notice is given.
4.11 Notice of alibi
For the purposes of section 190(1) of the Act
notice of alibi shall be in Form 6–4E.
4.12 Recording of time and date of arraignment
The time and date of arraignment of an accused
shall be recorded in the records of the Court.
Note
See sections 210, 215 and 217 of the Act.
4.13 Notice of intention to plead guilty to remaining
charges in indictment
For the purposes of section 216(1)(b) of the Act
notice of intention by the accused to plead guilty
to the remaining charges in an indictment shall be
in Form 6–4F.
4.14 Summons or warrant when direct indictment filed
(1) A summons under section 174(2)(a) of the Act
must be in Form 6–4G.
(2) A warrant to arrest under section 174(2)(b) of the
Act must be in Form 6–4H.
(3) An application for a summons or warrant to arrest
under section 174(1) of the Act must be made at
the time of filing the direct indictment to which
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the application relates, unless the circumstances
of the case require a later application.
(4) A summons or warrant to arrest under
section 174(2)(a) or (b) of the Act must
be issued by a Judge of the Court.
Part 3—Authority of judicial registrars under
this Order
4.15 Authority of judicial registrar at directions hearings
(1) Without limiting any other powers of a judicial
registrar, a judicial registrar may, subject to
this Order, conduct directions hearings under
Division 1 of Part 5.5 of the Criminal Procedure
Act 2009.
(2) The judicial registrar may conduct a directions
hearing with the parties separately if the accused
is not represented and is in custody.
(3) Subject to this Order, a judicial registrar may,
at a directions hearing, exercise the powers of
the Court under section 181 of the Criminal
Procedure Act 2009.
4.16 Limitations on authority of judicial registrar
Despite Rule 4.15, a judicial registrar does
not have authority, at a directions hearing or
otherwise, to exercise the power of the Court—
(a) under section 180 of the Criminal
Procedure Act 2009 to arraign the accused;
(b) under section 181(2)(i) of that Act to
determine any objection to the disclosure of
information or material by the prosecution;
(c) under section 181(2)(k) of that Act to
determine an application for a sentence
indication; or
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(d) under section 181(3) of that Act to make
any order or other decision referred to in
that subsection.
4.17 Further authority of judicial registrars
(1) Without limiting any other powers of a judicial
registrar, a judicial registrar may, subject to this
Order—
(a) grant an application to extend the bail of an
accused, if the application is unopposed;
(b) make an order for the remand or
further remand of an accused where
no application for bail is made;
(c) vary any condition of bail by consent
or where the application to vary is
unopposed;
(d) hear and determine an application to shorten
the return date of, or the time for compliance
with, a subpoena in a proceeding to which
these Rules apply.
Note
See also Rule 1.12(3).
(2) For the avoidance of doubt, a judicial registrar
does not have authority—
(a) to hear and determine an application for the
revocation of bail;
(b) to hear and determine a contested application
for bail;
(c) subject to paragraph (1)(c), to vary any
condition of bail; or
(d) subject to paragraph (1)(b), to remand an
accused.
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(3) A judicial registrar may constitute the Court
for the purposes of making an order to bring
an appellant who is in custody before the Court
pursuant to—
(a) regulations made under the Corrections
Act 1986; or
(b) section 490 of the Children, Youth and
Families Act 2005.
4.18 Judicial registrar may constitute Trial Division of
Court
In the case of a matter within the authority of a
judicial registrar under this Order—
(a) the judicial registrar constitutes the Trial
Division of the Court; and
(b) all the powers of the Trial Division of the
Court to hear and determine such a matter
are delegated to the judicial registrar.
4.19 Appeal from determination by a judicial registrar
under this Order
(1) In this Rule, a reference to a determination
includes a reference to a direction or an order.
(2) This Rule applies to any determination given
or made by the Trial Division of the Court
constituted by a judicial registrar under this Order.
(3) For the purposes of section 113M of the
Supreme Court Act 1986, an appeal from any
determination to which this Rule applies lies to
the Trial Division constituted by a Judge of the
Court.
(4) An appeal under this Rule shall be conducted by
way of hearing de novo.
(5) Rules 84.05(5) to 84.12 of Chapter I apply, with
any necessary modification, to an appeal under
this Rule.
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4.20 Judicial registrar may act for another
If circumstances so require, a judicial registrar
may hear and determine an application or a matter
instead of the judicial registrar by whom it would
otherwise be heard and determined.
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Order 5—Payment of fines rules
Part 1—Payment of fines—Sentencing Act 1991
5.01 Definitions
In this Part—
offender means a person on whom the Court has
imposed a fine;
person in default means a person who has
failed to pay a fine or an instalment under
an instalment order and includes a director
of a body corporate who is the subject of a
declaration under section 55(1) of the Act;
the Act means the Sentencing Act 1991.
5.02 Proper officer
For the purposes of Part 3B of the Act, the
proper officer of the Court is the Registrar of
Criminal Appeals, an Associate Judge or the
Judicial Registrar-Criminal Division.
5.03 Application
(1) An application under section 57, 60, 61(2) or 65
of the Act by an offender shall be in Form 6–5A.
(2) The applicant shall give reasonable notice of the
application to the Director of Public Prosecutions.
5.04 Application operates as stay
Unless otherwise ordered by a Judge of the Court,
an application under section 57, 60, 61(2) or 65
of the Act operates as a stay of enforcement or
execution of the order requiring the fine to be
paid from the time it is filed until it is determined.
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5.05 Consideration of application
In considering an application the proper officer
may—
(a) question the offender about the offender's
financial circumstances; and
(b) require the offender to make an affidavit
or produce any document concerning the
offender's financial circumstances that is
reasonably accessible to the offender.
5.06 Service of copy order
The proper officer shall cause a copy of the order
to be delivered to the applicant personally or sent
by post.
5.07 Enforcement of fines against a natural person
(1) A statement in writing under section 69C(3) of
the Act shall be in Form 6–5B.
(2) A summons under section 69M(1) of the Act
shall be in Form 6–5E.
(3) If a person in default—
(a) has been taken into custody in accordance
with a warrant to arrest issued under
section 69M of the Act; and
(b) the outstanding amount of the fine specified
in the warrant is paid—
the person in default may be released from
custody without being taken before the Court.
5.08 Enforcement of fine against body corporate
A statement in writing under section 69Y(3) of
the Act shall be in Form 6–5F.
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Part 2—Applications under the Sheriff Act 2009
5.09 Application for reinstatement of certain money
warrants
(1) An application under section 28 of the Sheriff
Act 2009 for reinstatement of an executed money
warrant as a money warrant shall be made by
summons in the proceeding in Form 6–5G.
Note
Section 28(3) of the Sheriff Act 2009 provides that this
application is to be made within 28 days after the person
named or described in the relevant money warrant receives
notice from the Sheriff under section 27(9) of that Act that a
third party has paid the whole of the amount payable under
that warrant.
(2) The summons shall be supported by an affidavit—
(a) stating the facts on which the application is
made;
(b) giving particulars of the executed money
warrant; and
(c) exhibiting the notice served on the applicant
under section 27(9) of the Sheriff Act 2009.
5.10 Filing and service of summons
(1) A summons under Rule 5.09 shall be filed with
the Prothonotary.
(2) The summons and a copy of the supporting
affidavit shall be served on—
(a) the Sheriff; and
(b) the third party who paid the whole of the
amount payable under the executed money
warrant.
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Order 6—Confiscation of property and
proceeds of crime
Part 1—Preliminary matters
6.01 Definitions
In this Order—
the Act means the Confiscation Act 1997;
the Commonwealth Act means the Proceeds of
Crime Act 2002 of the Commonwealth.
6.02 Application of this Order
(1) Part 2 of this Order applies to a proceeding in the
Court under the Act.
(2) Part 3 of this Order applies to a proceeding in the
Court under the Commonwealth Act.
6.03 Notice by legal practitioner
(1) A legal practitioner who commences to act for an
accused or an applicant in a proceeding to which
this Order applies shall, as soon as possible after
commencing so to act, file a notice stating—
(a) that the legal practitioner is acting for the
accused or the applicant, as the case requires;
(b) the contact details of the legal practitioner,
including name, address, telephone number,
fax number and email address; and
(c) the relevant name and address for service.
(2) The legal practitioner shall be noted in the
records of the Court as acting for the accused
or the applicant, as the case requires.
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(3) A legal practitioner who ceases to act for
an accused or an applicant shall, as soon as
possible after so ceasing to act—
(a) file a notice stating that the legal practitioner
has ceased so to act; and
(b) serve a copy of the notice on—
(i) the DPP or the Commonwealth DPP,
as the case requires; and
(ii) the accused or the applicant, as the
case requires.
Part 2—Applications under the Confiscation
Act 1997
6.04 Making of application to the Court
If, by the Act, notice of an application is required
to be given, the application is taken to be made
when the notice of application is filed.
6.05 Notice and service generally
If notice is required by or under the Act or this
Order to be given to any person, it shall be in
writing and served on that person.
Note
See section 137 of the Act.
6.06 Applications for restraining orders
(1) An application for a restraining order under the
Act (other than a civil forfeiture restraining order
or an unexplained wealth restraining order) shall
be in Form 6–6A.
(2) An application under section 36K of the Act
for a civil forfeiture restraining order shall be
in Form 6–6AB.
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(3) An application under section 40F of the Act for
an unexplained wealth restraining order shall be
in Form 6–6AC.
6.07 Applications for monitoring orders
An application for a monitoring order under the
Act may be in Form 6–6O.
6.08 Application without notice under the Act
(1) Except where the Act otherwise provides,
an application to the Court under the Act which
is made without notice to any other person shall
be in writing.
(2) An application to the Court under the Act which
is to be made without notice and in writing and
for which a form is not prescribed in this Order
may be in Form 6–6A with any necessary
modification.
(3) If under section 17(1), 36L(1) or 40H(1) of the
Act the Court requires notice to be given that the
application has been made, the notice shall be in
Form 6–6B.
6.09 Form of certain applications and notices of
application
(1) An application under section 20 of the Act for an
exclusion order, under section 36U of the Act for
a section 36V exclusion order or under section
40R of the Act for a section 40S exclusion order
shall be in Form 6–6C.
(2) An application under section 26, 36W or 40W
of the Act for further orders in relation to property
the subject of a restraining order, a civil forfeiture
restraining order or an unexplained wealth
restraining order, as the case may be, shall be
in Form 6–6D.
(3) An application under section 32 of the Act for a
forfeiture order shall be in Form 6–6E.
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(4) An application under section 37 of the Act for
a civil forfeiture order shall be in Form 6–6F.
(5) An application under section 40A of the Act
for a section 40B exclusion order or under
section 40ZC of the Act for a section 40ZD
exclusion order shall be in Form 6–6FA.
(6) An application under section 45 or 45B of the
Act for relief from undue hardship shall be in
Form 6–6G.
(7) An application under section 45A of the Act for
relief from automatic forfeiture of property of a
serious drug offender shall be in Form 6–6GA.
(8) An application under section 49, 51 or 53 of the
Act for an exclusion order shall be in Form 6–6H.
(9) An application under section 58 of the Act for a
pecuniary penalty order shall be in Form 6–6J.
(10) Any other application to be made to the Court
under the Act may be in Form 6–6L with any
necessary modification.
(11) Where notice of the hearing of an application is
required to be given then, unless the Act otherwise
provides or the Court otherwise orders, such
notice shall be given not less than five days before
the day fixed for the hearing of the application.
6.10 Filing and directions
(1) Unless the Act otherwise provides or the Court
otherwise orders, in a proceeding under the Act
the following shall be filed in the Court—
(a) each application;
(b) each affidavit;
(c) a copy of each notice given.
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(2) At the time when an application or notice of an
application is filed, the Prothonotary shall insert
the time and place at which the application is to be
heard and such time and place shall be included in
any copy which is served.
(3) After an application or notice of an application
has been filed, a Judge of the Court may give
directions for the hearing of the application,
including directions for the production to the
Court of any transcript of proceedings relating
to a conviction relied upon in the application.
6.11 Notice by person contesting an application
(1) A person who is required by the Act to give
notice of the grounds on which an application is
to be contested shall give notice to the applicant
in Form 6–6LA.
(2) Any other person who intends to contest an
application made under the Act shall give notice
in Form 6–6LA to the applicant of the grounds
on which the application is to be contested.
(3) The notice shall be served on the applicant not
later than two days before the date fixed for the
hearing or the resumed hearing of the application,
as the case requires.
6.12 Evidence
(1) Unless the Court otherwise directs, evidence in
chief on the hearing of all applications under the
Act shall be by affidavit.
(2) A copy of an affidavit on which the applicant
intends to rely shall be served on any person to
whom notice of the application has been given.
(3) A copy of an affidavit on which a person other
than the applicant intends to rely shall be served
on the applicant and any other person, if known,
to whom notice of the application has been given.
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6.13 Notice of order or declaration
(1) Subject to paragraph (2) and Rule 6.14, where
notice is required to be given to any person of
an order made by the Court under the Act, notice
shall be given by serving a copy of the order on
that person in accordance with section 137 of the
Act.
(2) In the case of a restraining order made under
Part 2 of the Act for the purpose of automatic
forfeiture and in the case of an unexplained wealth
restraining order made under Part 4A of the Act
for the purpose of unexplained wealth forfeiture,
a copy of the order shall be accompanied by a
notice in Form 6–6M.
(3) If a restraining order, civil forfeiture restraining
order, unexplained wealth restraining order,
forfeiture order or civil forfeiture order under the
Act is made by the Court upon the application of
any person, notice of the order shall be given by
the applicant to—
(a) each person who the applicant has reason to
believe has an interest in any of the property
which is subject to the order, unless that
person was present when the order was made
or was given notice of the making of the
application for the order; and
(b) such other person as the Court directs.
(4) If a declaration is made by the Court—
(a) under section 35(3) of the Act, of the date
on which a person (in respect of whom a
restraining order has been made) is deemed
to have been convicted of a Schedule 2
offence; or
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(b) under section 36 of the Act, that property has
been forfeited—
notice of the order containing the declaration shall
be given by the applicant to—
(c) each person who the applicant has reason to
believe had an interest in any of the property
which is forfeited immediately before the
property was forfeited, unless that person
was present when the declaration was made
or was given notice of the application for the
declaration; and
(d) such other person as the Court directs.
6.14 Notice of discharge
(1) The following notices under the Act shall be in
Form 6–6N—
(a) notice under section 46(2) of discharge of
a forfeiture order;
(b) notice under section 47(2) of discharge of
automatic forfeiture;
(c) notice under section 48(2) of discharge of
a civil forfeiture order;
(d) notice under section 48A(2) of discharge of
unexplained wealth forfeiture.
(2) If a pecuniary penalty order registered under the
Service and Execution of Process Act 1992 of the
Commonwealth is discharged, notice of discharge
shall be given by the person who procured the
registration of the order.
(3) Notice of discharge under paragraph (2) shall be
given by sending a sealed copy of the order of
discharge to the Prothonotary, Registrar or other
proper officer of the court in which the order was
registered.
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6.15 Interstate order
(1) For the purposes of section 125(4) of the Act,
registration of an interstate order shall be effected
by filing a sealed copy of the order in the Court.
(2) For the purposes of section 125(5) of the Act,
a facsimile copy of an interstate order or of any
amendments to an interstate order shall be taken
to be certified if it contains—
(a) a facsimile copy of the seal of the court
which made the order; or
(b) a facsimile copy of a statement purporting
to be signed by the Prothonotary, Registrar
or other proper officer to the effect that the
copy is a true copy of the order of the court.
6.16 Examination under section 98(2) of the Act
If an order is made under section 98(2) of the Act
for the examination of a person before the Court,
the examination may be before an Associate
Judge.
Part 3—Applications under the Commonwealth Act
6.17 Making of application to the Court under the
Commonwealth Act
An application under the Commonwealth Act is
taken to have been made when it is filed.
6.18 Notice and service under the Commonwealth Act
(1) Subject to the Commonwealth Act, if notice is
required by or under the Commonwealth Act to
be given or served it shall be in writing.
(2) A copy of an application, a copy of an affidavit
and a notice given in a proceeding under the
Commonwealth Act shall be served personally
or in such other manner as the Court directs.
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6.19 Applications for restraining orders and other
applications under the Commonwealth Act
(1) An application for a restraining order under the
Commonwealth Act (other than an unexplained
wealth restraining order under that Act) shall be
in Form 6–6P.
(2) An application for an unexplained wealth
restraining order under section 20A of the
Commonwealth Act shall be in Form 6–6Q.
(3) Any other application to the Court under
the Commonwealth Act for which a form
is not prescribed in this Order may be in
Form 6–6P with any necessary modification.
6.20 Applications for monitoring orders under the
Commonwealth Act
An application for a monitoring order under
the Commonwealth Act may be in Form 6–6R.
6.21 Filing and directions
(1) Unless the Commonwealth Act otherwise
provides or the Court otherwise orders, in a
proceeding under the Commonwealth Act the
following shall be filed in the Court—
(a) each application;
(b) each affidavit;
(c) a copy of each notice given.
(2) At the time when an application or notice of an
application is filed, the Prothonotary shall insert
the time and place at which the application is to be
heard and such time and place shall be included in
any copy which is served.
(3) After an application or notice of an application
has been filed, a Judge of the Court may give
directions for the hearing of the application,
including directions for the production to the
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Court of any transcript of proceedings relating
to a conviction relied upon in the application.
6.22 Notice by person contesting an application under
the Commonwealth Act
(1) A person who is required by the Commonwealth
Act to give notice of the grounds on which an
application is to be contested shall give notice
to the applicant in Form 6–6S.
(2) Any other person who intends to contest an
application made under the Commonwealth Act
shall give notice in Form 6–6S to the applicant
of the grounds on which the application is to be
contested.
(3) Subject to any relevant provisions of the
Commonwealth Act, the notice shall be served
on the applicant not later than two days before
the date fixed for the hearing of the application.
6.23 Evidence
(1) Unless the Court otherwise directs, evidence in
chief on the hearing of all applications under the
Commonwealth Act shall be by affidavit.
(2) A copy of an affidavit on which the applicant
intends to rely shall be served on any person to
whom notice of the application has been given.
(3) A copy of an affidavit on which a person other
than the applicant intends to rely shall be served
on the applicant and any other person, if known,
to whom notice of the application has been given.
6.24 Notice of order or declaration under
Commonwealth Act
Where notice is required to be given to any
person of an order made by the Court under
the Commonwealth Act, notice shall be given
by serving a copy of the order on that person in
accordance with the Commonwealth Act.
Order 7—Surveillance devices rules
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Order 7—Surveillance devices rules
7.01 Definition
In this Order, the Act means the Surveillance
Devices Act 1999.
7.02 Application of Order
This Order applies to all proceedings in the Court
under the Act.
7.03 Forms of application
(1) An application under section 15(1) of the Act for
the issue of a surveillance device warrant may be
in Form 6–7A.
(2) An application under section 20C of the Act
for the issue of a retrieval warrant may be in
Form 6–7B.
(3) An application under section 21(1) of the Act
for an assistance order may be in Form 6–7C.
7.04 Filing and service of documents
Unless the Court otherwise orders, an application
and any affidavit in support shall—
(a) be filed before the application is made with
the Associate to the Judge of the Court from
whom the warrant or order is sought; and
(b) not be available for inspection by any
person.
7.05 Form of surveillance device warrants
A surveillance device warrant may be in
Form 6–7D.
7.06 Form of retrieval warrant
A retrieval warrant may be in Form 6–7E.
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7.07 Assistance orders
(1) An assistance order under section 22 of the Act
may be in Form 6–7F.
(2) Before obtaining assistance under an assistance
order, the person who obtained the order shall
ensure that a copy of the order has been given
to the person against whom the order was made.
(3) The endorsement of the order on the warrant may
be in Form 6–7G.
7.08 Reports under section 30K
(1) A person who is required to make a report under
section 30K of the Act shall file the report with
the Associate to the Judge of the Court.
(2) A copy of the warrant to which the report relates
shall be filed with the report.
(3) Subject to any direction of the Judge of the Court,
the Associate shall—
(a) place the report, together with the copy
of the warrant, in an envelope;
(b) write on the envelope—
(i) the number of the warrant to which
the report relates;
(ii) the name of the Judge of the Court
who issued the warrant;
(iii) the section of the Act under which
the report is furnished; and
(iv) the date the report was filed;
(c) seal the envelope in a way that prevents the
envelope from being opened again without
detection;
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(d) write or stamp "Not to be opened except by
order of a Judge of the Court" on the front
and back of the envelope; and
(e) deliver the envelope to the Prothonotary who
shall ensure that it is stored securely and that
the contents are not seen by any person
except on the order of a Judge of the Court.
* * * * *
Note
There is currently no Order 8 in these Rules.
Order 9—Witness protection rules
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
94 17-033SR.S1-20/11/2017
Order 9—Witness protection rules
9.01 Definition
In this Order, the Act means the Witness
Protection Act 1991.
9.02 Application of Order
This Order applies to all proceedings in the Court
under the Act.
9.03 Application
An application under section 6 of the Act shall
be—
(a) in Form 6–9A, with any necessary
modification; and
(b) accompanied by an affidavit or affidavits in
support of the application.
9.04 Filing and service of documents
An application and any affidavits in support shall,
unless the Court otherwise orders—
(a) be filed before the application is made with
the Associate to the Judge of the Court to
whom the application is to be made; and
(b) not be available for inspection by any
person.
Order 10—Applications for the use of audio visual links and audio links
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S.R. No.
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Order 10—Applications for the use of
audio visual links and audio links
10.01 Definition
In this Order, the Act means the Evidence
(Miscellaneous Provisions) Act 1958.
10.02 Application under section 42E of the Act
An application under section 42E(1) of the Act
shall be made in accordance with Order 41A of
Chapter I.
10.03 Application under section 42L of the Act
Unless the application is made in accordance with
section 42L(5) of the Act—
(a) notice of an application under section 42L of
the Act shall be in Form 6–10A;
(b) a copy of the notice shall be served as soon
as practicable after the notice has been filed;
and
(c) service may be by post.
10.04 Application under section 42M of the Act
Unless the application is made in accordance with
section 42M(5) of the Act—
(a) notice of an application under section 42M
of the Act shall be in Form 6–10B;
(b) a copy of the notice shall be served as soon
as practicable after the notice has been filed;
and
(c) service may be by post.
Order 10—Applications for the use of audio visual links and audio links
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10.05 Application under section 42N of the Act
Unless the application is made in accordance
with section 42N(3) of the Act—
(a) notice of an application under section 42N
of the Act shall be in Form 6–10B;
(b) a copy of the notice shall be served as soon
as practicable after the notice has been filed;
and
(c) service may be by post.
10.06 Application under section 42P of the Act
Unless the application is made in accordance
with section 42P(5) of the Act—
(a) notice of an application under section 42P
of the Act shall be in Form 6–10B;
(b) a copy of the notice shall be served as soon
as practicable after the notice has been filed;
and
(c) service may be by post.
Order 11—Terrorism (Community Protection) rules
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
97 17-033SR.S1-20/11/2017
Order 11—Terrorism
(Community Protection) rules
11.01 Definition
In this Order, the Act means the Terrorism
(Community Protection) Act 2003.
11.02 Application of Order
This Order applies to a proceeding in the Court
under Part 2 of the Act.
11.03 Form of application to Court
An application to the Court under section 6(1) of
the Act for the issue of a covert search warrant
may be in Form 6–11A.
11.04 Filing of documents
Unless the Court otherwise orders, an application
and any affidavit in support shall—
(a) be filed before the application is made with
the Associate to the Judge of the Court from
whom the warrant is sought; and
(b) not be available for inspection by any
person.
11.05 Form of warrant
A covert search warrant shall be in Form 6–11B.
Order 12—Serious Sex Offenders (Detention and Supervision) rules
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
98 17-033SR.S1-20/11/2017
Order 12—Serious Sex Offenders
(Detention and Supervision) rules
12.01 Definition
In this Order, the Act means the Serious
Sex Offenders (Detention and Supervision)
Act 2009.
12.02 Application of Order
This Order applies to—
(a) a proceeding in the Court under Part 2, 3,
4 or 5 of the Act; and
(b) appeals under Part 7 of the Act.
Note
See also Part 6 of the Act for procedure in respect of applications.
12.03 Forms of application for supervision order and
renewal of supervision order
(1) An application to the Court under section 7
of the Act for a supervision order may be in
Form 6–12A.
(2) An application to the Court under section 28 of
the Act for renewal of a supervision order may
be in Form 6–12B.
12.04 Form of supervision order
A supervision order may be in Form 6–12C.
12.05 Forms of application for detention order and
renewal of detention order
(1) An application to the Court under section 33
of the Act for a detention order may be in
Form 6–12D.
(2) An application to the Court under section 45 of
the Act for renewal of a detention order may be
in Form 6–12E.
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12.06 Form of detention order
A detention order may be in Form 6–12F.
12.07 Forms of application for interim supervision order
and extension of interim supervision order
(1) An application to the Court by the Secretary under
section 50 of the Act for an interim supervision
order may be in Form 6–12G.
(2) An application to the Court under section 63(1)
of the Act for extension of an interim supervision
order may be in Form 6–12H.
12.08 Forms of application for interim detention order
and extension of interim detention order
(1) An application to the Court by the Director of
Public Prosecutions under section 51 of the Act
for an interim detention order may be in
Form 6–12I.
(2) An application to the Court by the Director of
Public Prosecutions under section 63(2) of the Act
for extension of an interim detention order may be
in Form 6–12J.
12.09 Forms of interim order and order extending interim
order
(1) An interim supervision order may be in
Form 6–12K.
(2) An order under section 64 of the Act extending an
interim supervision order may be in Form 6–12L.
(3) An interim detention order may be in
Form 6–12M.
(4) An order under section 64 of the Act extending an
interim detention order may be in Form 6–12N.
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12.10 Application for review of orders
(1) An application to the Court by the Secretary
under section 65(1) of the Act for review of
a supervision order may be in Form 6–12O.
(2) An application to the Court by the Director of
Public Prosecutions under section 66 of the
Act for review of a detention order may be in
Form 6–12P.
12.11 Applications for leave to review orders
(1) An application under section 68(1) of the Act
for leave to apply for a review of a supervision
order—
(a) may be made at the same time as an
application by the Secretary under
section 65(1) of the Act for a review
of a supervision order; and
(b) may be in Form 6–12Q.
Note
Section 68(1) of the Act provides that an application for
leave to review may be made by the Secretary, the DPP
or the offender who is subject to the supervision order.
(2) An application under section 68(2) of the Act for
leave to apply for a review of a detention order—
(a) may be made at the same time as an
application under section 66 of the Act
for a review of a detention order; and
(b) may be in Form 6–12R.
Note
Section 68(2) of the Act provides that an application for
leave to review may be made by the DPP or the offender
who is subject to the detention order.
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12.12 Review of conditions of supervision order or interim
supervision order
An application under section 77 of the Act for
leave to apply for a review of any condition of a
supervision order or an interim supervision order
may be in Form 6–12S.
12.13 Order for a person to attend for examination
An order under section 84 of the Act may be in
Form 6–12T.
12.14 Forms of notice of appeal
(1) A notice of appeal by an offender under section 96
of the Act may be in Form 6–12U.
(2) A notice of appeal by the Secretary under
section 97 of the Act may be in Form 6–12V.
(3) A notice of appeal by the Director of Public
Prosecutions under section 98 of the Act may
be in Form 6–12W.
Note
See also Part 7 of the Act for procedure on appeals.
(4) An appeal under section 103 of the Act by a
person affected by a decision of the Court under
Division 1 of Part 13 of the Act is commenced by
filing in the Court a notice of appeal in
Form 6–12X.
12.15 Notice of intention to dispute reports under
section 113 of the Act
(1) A notice of intention to dispute the whole or any
part of an assessment report, progress report or
other report made to the Court or filed with an
application under the Act must be served on the
other party—
(a) in accordance with section 193 of the Act;
and
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(b) as soon as practicable and not less than
10 days before the day for the hearing of
the application.
(2) A notice of intention to dispute the whole or any
part of an assessment report, progress report or
other report made to the Court under the Act may
be in Form 6–12Y.
12.16 Filing of documents
Unless the Court otherwise orders, an application
and any accompanying assessment report,
progress report or other report shall—
(a) be filed before the application is made with
the Associate to the Judge of the Court from
whom the order is sought; and
(b) not be available for inspection by any
person.
Order 12A—Sex Offenders Registration rules
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
103 17-033SR.S1-20/11/2017
Order 12A—Sex Offenders
Registration rules
12A.01 Definition
In this Order, the Act means the Sex Offenders
Registration Act 2004.
12A.02 Forms of application for exemption from reporting
requirements
(1) An application to the Court under section 39 of
the Act by a registrable offender for an order
suspending the offender's reporting obligations
may be in Form 6–12AA.
(2) An application to the Court under section 45(1) of
the Act by a registrable offender for a new order
suspending the offender's reporting obligations
may be in Form 6–12AB.
12A.03 Forms of application by Chief Commissioner of
Police
(1) An application to the Court under section 39A of
the Act by the Chief Commissioner of Police for
an order suspending the reporting obligations of
a registrable offender may be in Form 6–12AC.
(2) An application to the Court under section 44A of
the Act by the Chief Commissioner of Police for
revocation of an order made under section 40(1A)
of the Act suspending the reporting obligations
of a registrable offender may be in Form 6–12AD.
(3) An application to the Court under section 45(1A)
of the Act by the Chief Commissioner of Police
for a new order suspending the registrable
offender's reporting obligations may be in
Form 6–12AE.
Order 12A—Sex Offenders Registration rules
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S.R. No.
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12A.04 Filing of documents
Unless the Court otherwise orders, an application
and any affidavit in support shall—
(a) be filed before the application is made with
the Associate to the Judge of the Court from
whom the order is sought; and
(b) not be available for inspection by any
person.
Order 13—Major Crime (Investigative Powers) rules
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
105 17-033SR.S1-20/11/2017
Order 13—Major Crime
(Investigative Powers) rules
13.01 Definition
In this Order, the Act means the Major Crime
(Investigative Powers) Act 2004.
13.02 Application of Order
This Order applies to a proceeding in the Court
under Part 2 of the Act.
13.03 Applications made under this Order
An application in a proceeding under Part 2 of the
Act shall be made to a Judge of the Court in the
Criminal Division, or if no Judge of the Criminal
Division is available, to a Judge of the Court in
the Practice Court.
13.04 Form of application for coercive powers order or
extension or variation of order
(1) An application to the Court under section 5(1)
of the Act for a coercive powers order may be
in Form 6–13A.
(2) An application to the Court under section 10
of the Act for an extension or a variation of
a coercive powers order may be in Form 6–13A
with any necessary modification.
13.05 Form of order
A coercive powers order may be in Form 6–13B.
13.05.1 Application for revocation of coercive powers order
An application to the Court for revocation of a
coercive powers order under section 12 of the
Act may be in Form 6–13BA.
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13.05.2 Application objecting to disclosure or production
of protected information at revocation hearing
An application by the Chief Commissioner under
section 12A of the Act may be in Form 6–13BB.
13.06 Form of application for witness summons
An application to the Court under section 14(3) of
the Act for the issue of a witness summons may
be in Form 6–13C.
13.07 Form of application for order to bring person in
custody before Chief Examiner
An application to the Court under section 18(2) of
the Act may be in Form 6–13D.
13.08 Application for extension of period to protect
matters specified in section 20(8F)(a) to (d) of the
Act
An application by the Chief Examiner or the Chief
Commissioner under section 20(8E) of the Act
may be in Form 6–13E.
13.09 Application to determine legal professional privilege
An application by the Chief Examiner under
section 42 of the Act may be in Form 6–13F.
13.10 Filing of documents
Unless the Court otherwise orders, an application
and any affidavit in support shall—
(a) subject to section 5(6) and (7) of the Act, be
filed before the application is made with the
Associate to the Judge of the Court from
whom the order or summons is sought; and
(b) not be available for inspection by any
person.
Order 14—Assumed identity rules
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
107 17-033SR.S1-20/11/2017
Order 14—Assumed identity rules
14.01 Definition
In this Order, the Act means the Crimes
(Assumed Identities) Act 2004.
14.02 Application of Order
This Order applies to a proceeding in the Court
under Part 2 of the Act.
14.03 Applications made under this Order
An application in a proceeding under Part 2 of the
Act shall be made to a Judge of the Court.
14.04 Forms of application under the Act
(1) An application to the Court under section 10 of
the Act—
(a) may be in Form 6–14A; and
(b) shall be accompanied by an affidavit in
support stating the acts, facts, matters and
circumstances on which the application is
based.
(2) An application to the Court under section 12 of
the Act—
(a) may be in Form 6–14B; and
(b) shall be accompanied by an affidavit in
support stating the acts, facts, matters and
circumstances on which the application is
based.
14.05 Filing of documents
Unless the Court otherwise orders, an application
and any affidavit in support shall—
(a) be filed before the application is made with
the Associate to the Judge of the Court from
whom the order is sought; and
Order 14—Assumed identity rules
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(b) remain confidential and not be available for
inspection by any person.
14.06 Forms of order
(1) An order under section 10 of the Act—
(a) may be in Form 6–14C; and
(b) shall be signed by the Judge of the Court
making the order.
(2) An order under section 12 of the Act—
(a) may be in Form 6–14D; and
(b) shall be signed by the Judge of the Court
making the order.
Order 15—Identity crime rules
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
109 17-033SR.S1-20/11/2017
Order 15—Identity crime rules
15.01 Identity crime certificate
An identity crime certificate issued under
section 89F of the Sentencing Act 1991
may be in Form 6–15A.
15.02 Notice to prosecutor to assist
Notice under section 89H(2) of the Sentencing
Act 1991 directed to a person who prosecuted
an identity crime offence within the meaning of
Part 4A of that Act to appear at the hearing of
an application for an identity crime certificate to
provide assistance to the Court in relation to the
application may be in Form 6–15B.
Order 16—Procedure under the Open Courts Act 2013
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
110 17-033SR.S1-20/11/2017
Order 16—Procedure under the Open
Courts Act 2013
16.01 Definitions
(1) In this Order—
the Act means the Open Courts Act 2013.
(2) An expression used in the Open Courts Act 2013
has the same meaning in this Order as it has in
that Act.
16.02 Notice of application for suppression order
(1) A notice under section 10 of the Act of the
making of an application for a suppression
order in a proceeding to which these Rules
apply—
(a) must be generally in accordance with
Form 6–16A; and
(b) for the purposes of section 10(1)(a) of
the Act, must be emailed to the Court at
suppression_notice@supremecourt.vic.
gov.au or such other email address as the
Court may from time to time specify, by
practice note or otherwise, for the purposes
of this Rule.
(2) A copy of the notice shall be filed by the applicant
as soon as practicable after the notice has been
emailed to the Court.
Form 6–1A—Subpoena to attend to give evidence
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Form 6–1A—Subpoena to
attend to give evidence
Rule 1.12(2)(a)
[heading as in originating process]
SUBPOENA TO ATTEND TO GIVE EVIDENCE
To [name]
of [address]:
YOU ARE ORDERED to attend to give evidence: see below for details.
Failure to comply with this subpoena without lawful excuse is a
contempt of court and may result in your arrest.
You should read all of the Notes set out at the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date:
[Seal of the Court]
Issued at the request of [name of party], whose address for service is:
Place:
Email:
Details of subpoena
You are required by this subpoena to attend to give evidence and you must
attend as follows unless you receive notice of a later date or time from a
police officer or the Solicitor for Public Prosecutions, in which case, the later
date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or
the person authorised to take evidence in this proceeding or until the hearing
of the matter is completed.
Form 6–1A—Subpoena to attend to give evidence
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
112 17-033SR.S1-20/11/2017
NOTES
Last day for service
1. Subject to Note 2, you need not comply with the subpoena unless it is
served on you on or before the date specified in the subpoena as the
last date for service of the subpoena.
Informal service
2. Even if this subpoena has not been served personally on you, you
must, nevertheless, comply with its requirements, if you have, by
the last date for service of the subpoena, actual knowledge of the
subpoena and of its requirements.
Addressee a corporation
3. If the subpoena is addressed to a corporation, the corporation must
comply with the subpoena by its appropriate or proper officer.
Conduct money
4. You need not comply with the requirements of the subpoena unless a
sum of money or its equivalent (such as pre-paid travel) sufficient to
meet your reasonable expenses of attending as required by the
subpoena and returning after so attending is provided or tendered
to you a reasonable time before the day on which your attendance is
required.
Applications in relation to subpoena
5. You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for
relief in respect of the subpoena; and
(b) for an order with respect to any claim you may have for
privilege, public interest immunity or confidentiality in relation
to any evidence you may be required to give under the
subpoena.
Loss or expense of compliance
6. If you are not a party to the proceeding, you may apply to the Court
for an order that the issuing party pay an amount (in addition to
conduct money and any witness's expenses) in respect of any loss
or expense, including any legal costs, reasonably incurred in
complying with the subpoena.
Form 6–1A—Subpoena to attend to give evidence
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
113 17-033SR.S1-20/11/2017
Contempt of court—arrest
7. Failure to comply with a subpoena without lawful excuse is a
contempt of court and may be dealt with accordingly.
8. Note 7 is without prejudice to any power of the Court under any Rules
of the Supreme Court (including any Rules of the Supreme Court
providing for the arrest of an addressee who defaults in attendance in
accordance with a subpoena) or otherwise, to enforce compliance with
a subpoena.
Form 6–1B—Subpoena to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
114 17-033SR.S1-20/11/2017
Form 6–1B—Subpoena to produce
Rule 1.12(2)(b)
[heading as in originating process]
SUBPOENA TO PRODUCE
To [name]
of [address]:
YOU ARE ORDERED to attend to produce this subpoena or a copy of
it and the documents or things specified in the Schedule of documents:
see below for details.
Failure to comply with this subpoena without lawful excuse is a
contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. Also, you must
complete the Declaration by Addressee (Subpoena Recipient) set out at
the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date:
[Seal of the Court]
Issued at the request of [name of party], whose address for service is:
Place:
Email:
Details of subpoena
You must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the
documents or things specified in the Schedule of documents below at
the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the
documents or things specified in the Schedule of documents below
to the Prothonotary at the address below, or if there is more than one
address below, at any one of those addresses, so that they are received
not less than two clear business days before the date specified for
attendance and production. (See Notes 4 to 10).
Form 6–1B—Subpoena to produce
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Date, time and place at which to attend to produce the subpoena or a copy of
it and the documents or things unless you receive notice of a later date or
time from a police officer or the Solicitor for Public Prosecutions, in which
case, the later date or time is substituted:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or
things may be delivered or sent:
The Prothonotary
[Supreme Court of Victoria
436 Lonsdale Street
Melbourne]
SCHEDULE OF DOCUMENTS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
NOTES
Last day for service
1. You need not comply with the subpoena unless it is served on you on
or before the date specified in the subpoena as the last date for service
of the subpoena.
Informal service
2. Even if this subpoena has not been served personally on you, you
must, nevertheless, comply with its requirements, if you have, by the
last date for service of the subpoena, actual knowledge of the
subpoena and of its requirements.
Addressee a corporation
3. If the subpoena is addressed to a corporation, the corporation must
comply with the subpoena by its appropriate or proper officer.
Production of subpoena or copy of it and documents or things by
delivery or post
4. Instead of attending to produce this subpoena (or a copy of it) and the
documents or things required to be produced, you may comply with
the subpoena by delivering or sending the subpoena (or a copy of it)
and the documents or things to the Prothonotary—
Form 6–1B—Subpoena to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
116 17-033SR.S1-20/11/2017
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is specified, at any of those
addresses—
so that they are received not less than two clear business days before
the date specified in the subpoena for attendance and production or
if you receive notice of a later date or time from the issuing party,
before the later date or time.
5. If you object to a document or thing produced in response to this
subpoena being inspected by a party to the proceeding or any other
person, you must, at the time of production, notify the Prothonotary in
writing of your objection and of the grounds of your objection.
6. Unless the Court otherwise orders, if you do not object to a document
or thing produced by you in response to the subpoena being inspected
by any party to the proceeding, the Prothonotary may permit the
parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
7. If you produce more than one document or thing, you must, if
requested by the Prothonotary, produce a list of the documents
or things produced.
Production of copy instead of original
8. Unless the subpoena specifically requires you to produce an original,
you may produce a copy of any document that the subpoena requires
you to produce. If you are producing copies, you are encouraged to
produce them in electronic form.
9. Electronic copies of documents can be provided on a memory card or
stick in any of the formats referred to in paragraph 10(b) below.
10. A copy of a document may be—
(a) a photocopy; or
(b) in an electronic form in any of the following electronic
formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
Form 6–1B—Subpoena to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
117 17-033SR.S1-20/11/2017
.tif—tagged image format
any other format agreed with the issuing party.
Applications in relation to subpoena
11. You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for
relief in respect of the subpoena; and
(b) for an order with respect to any claim you may have for
privilege, public interest immunity or confidentiality in relation
to any document or thing the subject of the subpoena.
Loss or expense of compliance
12. If you are not a party to the proceeding, you may apply to the Court
for an order that the issuing party pay an amount in respect of any loss
or expense, including any legal costs, reasonably incurred in
complying with the subpoena.
Contempt of court—arrest
13. Failure to comply with a subpoena without lawful excuse is a
contempt of court and may be dealt with accordingly.
14. Note 13 is without prejudice to any power of the Court under any
Rules of the Supreme Court (including any Rules of the Supreme
Court providing for the arrest of an addressee who defaults in
attendance in accordance with a subpoena) or otherwise, to enforce
compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below. The completed declaration
must be included in the subpoena or in the copy of the subpoena when
you produce the subpoena or the copy with the documents required by
the subpoena.
If you declare that the material you produce is copies of documents, the
Prothonotary may, without further notice to you, destroy the copies after the
expiry of four months from the conclusion of the proceeding or, if the
documents become exhibits in the proceeding, when they are no longer
required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original
document, the Court will return all of the material to you at the address
specified by you in the Declaration below.
Form 6–1B—Subpoena to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
118 17-033SR.S1-20/11/2017
[tick the relevant option below, provide your address as appropriate,
sign and date]
All copied documents
All of the material I am providing in compliance with this subpoena is
copies of documents. I acknowledge that the Court will destroy the
copies once they are no longer required, without further notice to me.
Some original documents
Some or all of the material I am providing in compliance with this
subpoena is an original document. Once the material is no longer
required, all of the material should be returned to me at the following
address—
[insert address for return of material].
Date:
[signature of addressee]
[name of addressee]
Form 6–1C—Subpoena both to attend to give evidence and to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
119 17-033SR.S1-20/11/2017
Form 6–1C—Subpoena both to attend to
give evidence and to produce
Rule 1.12(2)(c)
[heading as in originating process]
SUBPOENA BOTH TO ATTEND TO GIVE
EVIDENCE AND TO PRODUCE
To [name]
of [address]:
YOU ARE ORDERED both to attend to give evidence and to produce
this subpoena or a copy of it and the documents or things specified in
the Schedule of documents: see below for details.
Failure to comply with this subpoena without lawful excuse is a
contempt of court and may result in your arrest.
You should read all of the Notes set out in this subpoena. Also, you must
complete the Declaration by Addressee (Subpoena Recipient) set out at
the end of this subpoena.
The last day for service of this subpoena is: [date]. (See Note 1)
Date:
[Seal of the Court]
Issued at the request of [name of party], whose address for service is:
Place:
Email:
Details of subpoena
In so far as you are required by this subpoena to attend to give evidence, you
must attend as follows unless you receive notice of a later date or time from a
police officer or the Solicitor for Public Prosecutions, in which case, the later
date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or
the person authorised to take evidence in this proceeding or until the hearing
of the matter is completed.
Form 6–1C—Subpoena both to attend to give evidence and to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
120 17-033SR.S1-20/11/2017
In so far as you are required by this subpoena to produce the subpoena or a
copy of it and documents or things, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the
documents or things specified in the Schedule of documents below at
the date, time and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the
documents or things specified in the Schedule of documents below
to the Prothonotary at the address below, or if there is more than
one address below, at any one of those addresses, so that they are
received not less than two clear business days before the date
specified for attendance and production. (See Notes 5 to 11)
Date, time and place at which to attend to produce the subpoena or a copy
of it and the documents or things unless you receive notice of a later date
or time from the issuing party, in which case, the later date or time is
substituted:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or
things may be delivered or sent:
The Prothonotary
[Supreme Court of Victoria
436 Lonsdale Street
Melbourne]
SCHEDULE OF DOCUMENTS
The documents and things you must produce are as follows:
[List the documents or things. Attach list if insufficient space.]
NOTES
Last day for service
1. You need not comply with the subpoena unless it is served on you on
or before the date specified in the subpoena as the last date for service
of the subpoena.
Informal service
2. Even if this subpoena has not been served personally on you, you
must, nevertheless, comply with its requirements, if you have, by
the last date for service of the subpoena, actual knowledge of the
subpoena and of its requirements.
Form 6–1C—Subpoena both to attend to give evidence and to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
121 17-033SR.S1-20/11/2017
Addressee a corporation
3. If the subpoena is addressed to a corporation, the corporation must
comply with the subpoena by its appropriate or proper officer.
Conduct money
4. You need not comply with the requirements of the subpoena unless a
sum of money or its equivalent (such as pre-paid travel) sufficient to
meet your reasonable expenses of attending as required by the
subpoena and returning after so attending is provided or tendered to
you a reasonable time before the day on which your attendance is
required.
Production of subpoena or copy of it and documents or things by
delivery or post
5. In so far as this subpoena requires production of the subpoena (or a
copy of it) and a document or thing, instead of attending to produce
the subpoena (or a copy of it) and the document or thing, you may
comply with the subpoena to that extent by delivering or sending
the subpoena (or a copy of it) and the document or thing to the
Prothonotary—
(a) at the address specified in the subpoena for the purpose; or
(b) if more than one address is specified, at any of those
addresses—
so that they are received not less than two clear business days before
the date specified in the subpoena for attendance and production or
if you receive notice of a later date or time from the issuing party,
before the later date or time.
6. If you object to a document or thing produced in response to this
subpoena being inspected by a party to the proceeding or any other
person, you must, at the time of production, notify the Prothonotary in
writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document
or thing produced by you in response to the subpoena being inspected
by any party to the proceeding, the Prothonotary may permit the
parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if
requested by the Prothonotary, produce a list of the documents
or things produced.
Form 6–1C—Subpoena both to attend to give evidence and to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
122 17-033SR.S1-20/11/2017
Production of copy instead of original
9. Unless the subpoena specifically requires you to produce an original,
you may produce a copy of any document that the subpoena requires
you to produce. If you are producing copies, you are encouraged to
produce them in electronic form.
10. Electronic copies of documents can be provided on a memory card or
stick in any of the formats referred to in paragraph 11(b) below.
11. A copy of a document may be—
(a) a photocopy; or
(b) in an electronic form in any of the following electronic
formats—
.doc and .docx—Microsoft Word documents
.pdf—Adobe Acrobat documents
.xls and .xlsx—Microsoft Excel spreadsheets
.jpg—image files
.rtf—rich text format
.gif—graphics interchange format
.tif—tagged image format
any other format agreed with the issuing party.
Applications in relation to subpoena
12. You have the right to apply to the Court—
(a) for an order setting aside the subpoena (or a part of it) or for
relief in respect of the subpoena; and
(b) for an order with respect to any claim you may have for
privilege, public interest immunity or confidentiality in relation
to any evidence you may be required to give under the
subpoena or any document or thing the subject of the
subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the
Court for an order that the issuing party pay an amount (in addition to
conduct money and any witness's expenses) in respect of any loss
or expense, including any legal costs, reasonably incurred in
complying with the subpoena.
Form 6–1C—Subpoena both to attend to give evidence and to produce
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
123 17-033SR.S1-20/11/2017
Contempt of court—arrest
14. Failure to comply with a subpoena without lawful excuse is a
contempt of court and may be dealt with accordingly.
15. Note 14 is without prejudice to any power of the Court under any
Rules of the Supreme Court (including any Rules of the Supreme
Court providing for the arrest of an addressee who defaults in
attendance in accordance with a subpoena) or otherwise, to enforce
compliance with a subpoena.
DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)
You must complete the declaration below. The completed declaration
must be included in the subpoena or in the copy of the subpoena when
you produce the subpoena or the copy of it with the documents required
by the subpoena.
If you declare that the material you produce is copies of documents, the
Prothonotary may, without further notice to you, destroy the copies after
the expiry of four months from the conclusion of the proceeding or, if the
documents become exhibits in the proceeding, when they are no longer
required in connection with the proceeding, including on any appeal.
If you declare that the material you produce is or includes any original
document, the Court will return all of the material to you at the address
specified by you in the Declaration below.
[tick the relevant option below, provide your address as appropriate,
sign and date]
All copied documents
All of the material I am providing in compliance with this subpoena
is copies of documents. I acknowledge that the Court will destroy the
copies once they are no longer required, without further notice to me.
Some original documents
Some or all of the material I am providing in compliance with this
subpoena is an original document. Once the material is no longer
required, all of the material should be returned to me at the following
address—
[insert address for return of material].
Date:
[signature of addressee]
[name of addressee]
Form 6–1BA—Subpoena to give evidence
(New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
124 17-033SR.S1-20/11/2017
Form 6–1BA—Subpoena to give evidence
(New Zealand)
Rule 1.12.1(2)(a)
[heading as in originating process]
SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)
Notice to Witness
Trans-Tasman Proceedings Act 2010
This Notice is very important.
Please read it and the attached document or documents very carefully.
If you have any trouble understanding these documents you should get
legal advice as soon as possible.
Attached to this notice is a subpoena.
The subpoena has been issued by the Supreme Court of Victoria.
The subpoena may be served in New Zealand under New Zealand law
(see section 163 of the Evidence Act 2006 (New Zealand)).
This notice:
● sets out your rights relating to the subpoena; and
● sets out your obligations relating to the subpoena; and
● includes information about the way in which you may make an
application to have the subpoena set aside.
Filed on behalf of [name and role of party]
Prepared by [name of person/lawyer]
Law firm [if applicable]
Tel Fax
Address for service
[include State and postcode]
Form 6–1BA—Subpoena to give evidence
(New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
125 17-033SR.S1-20/11/2017
Your rights
1. You are entitled to receive payment of an amount equal to the
reasonable expenses you incur in complying with the subpoena.
2. An amount of money, or money and vouchers that is sufficient to meet
your reasonable expenses of complying with the subpoena must be
given to you within a reasonable time before the date for compliance
with the subpoena (see below: "Your obligations").
3. If, in complying with the subpoena, you incur expenses that are more
than the amount that was given to you before you complied, you may
obtain an order from the Supreme Court of Victoria that you be paid
the additional amount you incurred.
4. You may apply to the Supreme Court of Victoria to have the subpoena
wholly or partly set aside. If you wish to apply to have the subpoena
set aside you should get legal advice as soon as possible.
5. An application can be made and determined by that Court without you
having to go to Australia, or to retain Australian lawyers. All the
necessary arrangements can be made in New Zealand.
Note: Details of some of the grounds on which a subpoena can be set aside
and the procedures for setting aside a subpoena are set out at the end
of this notice.
Your obligations
1. Unless the subpoena is set aside, you must comply with the attached
subpoena if:
(a) when the subpoena was served on you, or at some reasonable
time before the date specified in the subpoena for compliance
with it, you were offered or given either:
(i) enough money to meet your reasonable expenses
in complying with it, including any travel and
accommodation expenses; or
(ii) a combination of money and vouchers (for example,
travel tickets) to meet those expenses; and
(b) you were given with the subpoena a copy of an order by a
judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified
in the order as the last day on which the subpoena may be
served; and
(d) service of the subpoena complied with any other conditions
specified in the order; and
(e) you are 18 years of age or older.
Form 6–1BA—Subpoena to give evidence
(New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
126 17-033SR.S1-20/11/2017
Failure to comply with the subpoena
If you do not comply with the subpoena you may be arrested and taken
before the High Court of New Zealand. Unless the High Court is satisfied
that failure to comply should be excused, a fine not exceeding NZ$10 000
may be imposed.
Grounds for setting aside a subpoena
1. The Court must set aside the subpoena if the subpoena requires you to
attend at a place in Australia and:
(a) you do not have necessary travel documents and cannot
reasonably get them within the time allowed for compliance
with the subpoena; or
(b) if you complied with the subpoena—you would be liable to be
detained for the purpose of serving a sentence; or
(c) you are being prosecuted or you are liable to prosecution for an
offence in Australia; or
(d) you are liable to imposition of a penalty in civil proceedings in
Australia (other than proceedings under the Australian
Consumer Law); or
(e) you are subject to a restriction on your movements imposed by
law or an order of a Court that is inconsistent with you
complying with the subpoena (for example, bail conditions,
release conditions or terms of a community based sentence).
2. The grounds on which the Court may set aside the subpoena include:
(a) the evidence you would give in the proceedings can be
obtained satisfactorily by other means without significantly
greater expense;
(b) compliance with the subpoena would cause you hardship or
serious inconvenience;
(c) if the subpoena requires you to produce a document or thing
and:
(i) that document or thing should not be taken out of New
Zealand; and
(ii) satisfactory evidence of the contents of the document or
satisfactory evidence of the thing can be given by other
means.
Note: The above list does not include all the matters the Court will consider
in an application to set aside a subpoena, but if any of the matters in
the list apply to you they should be included in your application.
Form 6–1BA—Subpoena to give evidence
(New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
127 17-033SR.S1-20/11/2017
Procedure for applying to set aside a subpoena
1. Application must be made to the Supreme Court of Victoria.
2. You may fax your application to that Court on fax number
[fax number of the Court].
3. Your application must contain an address for service in New Zealand
or Australia. Any documents to be served on you will be delivered,
faxed or posted to you at that address.
4. The Prothonotary will arrange for service of your application and of
any affidavit you lodge with the Court with your application.
5. The Court may determine your application without a hearing unless
you, or the person who requested that the subpoena be issued, asks for
a hearing.
6. If there is a hearing the Court can direct that it be held by video link
(that is, a conference television link) or telephone. In that case you or
your lawyer can take part in the hearing by video link or by telephone
from a place in New Zealand.
7. If, in your application or within a reasonable time after lodging your
application, you request that the hearing be held by video link or
telephone, the Court must hold a hearing by video link or telephone.
However, in such a case, the Court will determine which of video link
or telephone will be used.
SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)
[heading as in originating process]
TO: [name and address]
You are ordered to attend to give evidence. See next page for details.
Failure to comply with this subpoena without lawful excuse is a
contempt of court and may result in your arrest and the imposition
of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Please read Notes 1 to 8 at the end of this subpoena.
The last date for service of this subpoena is [date]. (See Note 2)
Date:
Signed by Prothonotary
Issued at the request of [name of party], whose address for service is:
Place:
Email:
Form 6–1BA—Subpoena to give evidence
(New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
128 17-033SR.S1-20/11/2017
Details of subpoena
Date, time and place at which you must attend to give evidence, unless you
receive a notice of a later date or time from the issuing party, in which case
the later date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or
the person authorised to take evidence in this proceeding or until the hearing
of the matter is completed.
NOTES
Leave to serve subpoena
1. You need not comply with this subpoena unless it is accompanied by:
(a) a copy of the order giving leave to serve this subpoena in New
Zealand; and
(b) a notice in the prescribed form that:
(i) sets out your rights and obligations in relation to this
subpoena; and
(ii) includes information about the way in which an
application to have this subpoena set aside may be
made.
Last day for service
2. You need not comply with this subpoena unless it is served on you on
or before the date specified in this subpoena as the last date for service
of this subpoena.
Informal service
3. Even if this subpoena has not been served personally on you, you
must, nevertheless, comply with its requirements, if you have, by the
last date for service of this subpoena, actual knowledge of this
subpoena and of its requirements.
Addressee a corporation
4. If this subpoena is addressed to a corporation, the corporation must
comply with this subpoena by its appropriate or proper officer.
Form 6–1BA—Subpoena to give evidence
(New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
129 17-033SR.S1-20/11/2017
Applications in relation to subpoena
5. You have the right to apply to the Court for an order with respect to
any claim for privilege, public interest immunity or confidentiality in
relation to any document or thing the subject of this subpoena.
Loss or expense of compliance
6. If you are not a party to the proceeding, you may apply to the Court
for an order that the issuing party pay an amount (in addition to
conduct money and any witness's expenses) in respect of the loss or
expense, including legal costs, reasonably incurred in complying with
this subpoena.
Contempt of court—arrest
7. Failure to comply with this subpoena without lawful excuse may
result in your arrest and the imposition of a fine under section 165 of
the Evidence Act 2006 (New Zealand).
8. Note 7 is without prejudice to any power of the Court under any rules
of the Court (including any rules of the Court providing for the arrest
of an addressee who defaults in attendance in accordance with a
subpoena) or otherwise, to enforce compliance with a subpoena.
Form 6–1BB—Subpoena to produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
130 17-033SR.S1-20/11/2017
Form 6–1BB—Subpoena to produce
documents (New Zealand)
Rule 1.12.1(2)(b)
[heading as in originating process]
SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)
Notice to Witness
Trans-Tasman Proceedings Act 2010
This Notice is very important.
Please read it and the attached document or documents very carefully.
If you have any trouble understanding these documents you should get
legal advice as soon as possible.
Attached to this notice is a subpoena.
The subpoena has been issued by the Supreme Court of Victoria.
The subpoena may be served in New Zealand under New Zealand law
(see section 163 of the Evidence Act 2006 (New Zealand)).
This notice:
● sets out your rights relating to the subpoena; and
● sets out your obligations relating to the subpoena; and
● includes information about the way in which you may make an
application to have the subpoena set aside.
Filed on behalf of [name and role of party]
Prepared by [name of person/lawyer]
Law firm [if applicable]
Tel Fax
Address for service
[include State and postcode]
Form 6–1BB—Subpoena to produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
131 17-033SR.S1-20/11/2017
Your rights
1. You are entitled to receive payment of an amount equal to the
reasonable expenses you incur in complying with the subpoena.
2. An amount of money, or money and vouchers, that is sufficient to
meet your reasonable expenses of complying with the subpoena must
be given to you within a reasonable time before the date for
compliance with the subpoena (see below: "Your obligations").
3. If, in complying with the subpoena, you incur expenses that are more
than the amount that was given to you before you complied, you may
obtain an order from the Supreme Court of Victoria that you be paid
the additional amount you incurred.
4. You may apply to the Supreme Court of Victoria to have the subpoena
wholly or partly set aside. If you wish to apply to have the subpoena
set aside you should get legal advice as soon as possible.
5. An application can be made and determined by that Court without you
having to go to Australia, or to retain Australian lawyers. All the
necessary arrangements can be made in New Zealand.
Note: Details of some of the grounds on which a subpoena can be set aside
and the procedures for setting aside a subpoena are set out at the end
of this notice.
Your obligations
1. Unless the subpoena is set aside, you must comply with the attached
subpoena if:
(a) when the subpoena was served on you, or at some reasonable
time before the date specified in the subpoena for compliance
with it, you were offered or given either:
(i) enough money to meet your reasonable expenses in
complying with it, including any travel and
accommodation expenses; or
(ii) a combination of money and vouchers (for example,
travel tickets) to meet those expenses; and
(b) you were given with the subpoena a copy of an order by a
judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified
in the order as the last day on which the subpoena may be
served; and
(d) service of the subpoena complied with any other conditions
specified in the order; and
(e) you are 18 years of age or older.
Form 6–1BB—Subpoena to produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
132 17-033SR.S1-20/11/2017
2. If the subpoena only requires you to produce documents or things, it
must specify the date on which the documents or things are required
for production in the court or tribunal that issued the subpoena.
You may comply with the subpoena by producing the documents or things at
a registry of the High Court of New Zealand at least 10 days before the date
specified in the subpoena.
When you produce the documents or things at the registry you will be
required to produce the subpoena and to pay the cost of sending the
documents or things to the court or tribunal that issued the subpoena.
You will be able to pay that cost out of the money given to you to meet your
reasonable expenses of complying with the subpoena.
Failure to comply with the subpoena
If you do not comply with this subpoena you may be arrested and taken
before the High Court of New Zealand. Unless the High Court is satisfied
that failure to comply should be excused, a fine not exceeding NZ$10 000
may be imposed.
Grounds for setting aside a subpoena
1. The Court must set aside the subpoena if the subpoena requires you to
attend at a place in Australia and:
(a) you do not have necessary travel documents and cannot
reasonably get them within the time allowed for compliance
with the subpoena; or
(b) if you complied with the subpoena—you would be liable to be
detained for the purpose of serving a sentence; or
(c) you are being prosecuted or you are liable to prosecution for an
offence in Australia; or
(d) you are liable to imposition of a penalty in civil proceedings in
Australia (other than proceedings under the Australian
Consumer Law); or
(e) you are subject to a restriction on your movements imposed by
law or an order of a Court that is inconsistent with you
complying with the subpoena (for example, bail conditions,
release conditions or terms of a community based sentence).
2. The grounds on which the Court may set aside the subpoena include:
(a) the evidence you would give in the proceedings can be
obtained satisfactorily by other means without significantly
greater expense;
(b) compliance with the subpoena would cause you hardship or
serious inconvenience;
Form 6–1BB—Subpoena to produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
133 17-033SR.S1-20/11/2017
(c) if the subpoena requires you to produce a document or thing
and:
(i) that document or thing should not be taken out of
New Zealand; and
(ii) satisfactory evidence of the contents of the document or
satisfactory evidence of the thing can be given by other
means.
Note: The above list does not include all the matters the Court will consider
in an application to set aside a subpoena, but if any of the matters in
the list apply to you they should be included in your application.
Procedure for applying to set aside a subpoena
1. Application must be made to the Supreme Court of Victoria.
2. You may fax your application to that Court on fax number
[fax number of the Court].
3. Your application must contain an address for service in New Zealand
or Australia. Any documents to be served on you will be delivered,
faxed or posted to you at that address.
4. The Prothonotary will arrange for service of your application and of
any affidavit you lodge with the Court with your application.
5. The Court may determine your application without a hearing unless
you, or the person who requested that the subpoena be issued, asks for
a hearing.
6. If there is a hearing the Court can direct that it be held by video link
(that is, a conference television link) or telephone. In that case you or
your lawyer can take part in the hearing by video link or by telephone
from a place in New Zealand.
7. If, in your application or within a reasonable time after lodging your
application, you request that the hearing be held by video link or
telephone, the Court must hold a hearing by video link or telephone.
However, in such a case, the Court will determine which of video link
or telephone will be used.
Form 6–1BB—Subpoena to produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
134 17-033SR.S1-20/11/2017
SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)
[heading as in originating process]
TO: [name and address]
You are ordered to produce this subpoena or a copy of it and the
documents or things specified in the Schedule. See next page for details.
Failure to comply with this subpoena without lawful excuse is a
contempt of court and may result in your arrest and the imposition
of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Please read Notes 1 to 16 at the end of this subpoena.
The last date for service of this subpoena is [date]. (See Note 2)
Date:
Signed by Prothonotary
Issued at the request of [name of party], whose address for service is:
Place:
Email:
Details of subpoena
You must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the
documents or things specified in the Schedule below at the date, time
and place specified for attendance and production; or
(b) by delivering or sending this subpoena or a copy of it and the
documents or things specified in the Schedule below to:
(i) the Prothonotary at the address specified in the subpoena for
the purpose, or if more than one address is so specified, at any
one of those addresses, so that they are received not less than
2 clear business days before the date specified in the subpoena
for attendance and production; or
(ii) the Registrar of the High Court of New Zealand at the address
specified in the subpoena for the purpose, or if more than one
address is so specified, at any one of those addresses, so that
they are received not less than 10 clear days before the date
specified in the subpoena for attendance and production.
(See Notes 6–12)
Form 6–1BB—Subpoena to produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
135 17-033SR.S1-20/11/2017
Date, time and place at which you must attend to produce the subpoena or a
copy of it and documents or things:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or
things may be delivered or posted:
The Prothonotary
Supreme Court of Victoria
[address]
Schedule
The documents and things you must produce are as follows:
[If insufficient space attach list]
NOTES
Leave to serve subpoena
1. You need not comply with this subpoena unless it is accompanied by:
(a) a copy of the order giving leave to serve the subpoena in New
Zealand; and
(b) a notice in the prescribed form that:
(i) sets out your rights and obligations in relation to this
subpoena; and
(ii) includes information about the way in which an
application to have this subpoena set aside may be made.
Last day for service
2. You need not comply with this subpoena unless it is served on you on
or before the date specified in this subpoena as the last date for service
of the subpoena.
Informal service
3. Even if this subpoena has not been served personally on you, you
must, nevertheless, comply with its requirements, if you have, by the
last date for service of this subpoena, actual knowledge of this
subpoena and of its requirements.
Form 6–1BB—Subpoena to produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
136 17-033SR.S1-20/11/2017
Addressee a corporation
4. If this subpoena is addressed to a corporation, the corporation must
comply with this subpoena by its appropriate or proper officer.
Production of subpoena or copy of it and documents or things by
delivery or post
5. In so far as this subpoena requires production of this subpoena or a
copy of it and a document or thing, instead of attending to produce
this subpoena or a copy of it and the document or thing, you may
comply with this subpoena by delivering or sending this subpoena or a
copy of it and the document or thing to:
(a) the Prothonotary at the address specified in this subpoena for
the purpose, or if more than one address is specified, at any of
those addresses, so that they are received not less than 2 clear
business days before the date specified in this subpoena for
attendance and production; or
(b) the Registrar of the High Court of New Zealand at the address
specified in this subpoena for the purpose, or if more than one
address is specified, at any of those addresses, so that they are
received not less than 10 clear days before the date specified in
this subpoena for attendance and production.
6. If you object to a document or thing produced in response to this
subpoena being inspected by a party to the proceeding or any other
person, you must, at the time of production, notify the Prothonotary in
writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document
or thing produced by you in response to this subpoena being inspected
by any party to the proceeding, the Prothonotary may permit the
parties to the proceeding to inspect the document or thing.
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if
requested by the Prothonotary, produce a list of the documents or
things produced.
Production of copy instead of original
9. You may, with the consent of the issuing party, produce a copy,
instead of the original, of any document that the subpoena requires
you to produce.
9A. The copy of a document may be:
(a) a photocopy; or
Form 6–1BB—Subpoena to produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
137 17-033SR.S1-20/11/2017
(b) in an electronic form that the issuing party has indicated will be
acceptable.
Return or destruction of documents or copies
10. You may, at the time of production, inform the Court that any
document or copy of a document produced need not be returned and
may be destroyed.
11. If you have so informed the Court, the Prothonotary may destroy the
document or copy instead of returning it to you.
Applications in relation to subpoena
12. You have the right to apply to the Court for an order with respect to
any claim for privilege, public interest immunity or confidentiality in
relation to any document or thing the subject of this subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the Court
for an order that the issuing party pay an amount (in addition to
conduct money and any witness's expenses) in respect of the loss or
expense, including legal costs, reasonably incurred in complying with
this subpoena.
Banker's book
14. In so far as this subpoena requires production of this subpoena or a
copy of it and a banker's book, if section 19 and other applicable
provisions of the Evidence Act 2006 (New Zealand) would have
applied if this subpoena has been issued in a New Zealand proceeding,
instead of producing the banker's book, you may produce proof of the
relevant entries in accordance with the applicable provisions of the
Evidence Act 2006 (New Zealand).
Contempt of court—arrest
15. Failure to comply with this subpoena without lawful excuse may
result in your arrest and the imposition of a fine under section 165 of
the Evidence Act 2006 (New Zealand).
16. Note 15 is without prejudice to any power of the Court under any
rules of the Court (including any rules of the Court providing for the
arrest of an addressee who defaults in attendance in accordance with a
subpoena) or otherwise, to enforce compliance with a subpoena.
*Delete if not applicable.
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
138 17-033SR.S1-20/11/2017
Form 6–1BC—Subpoena to give evidence
and produce documents (New Zealand)
Rule 1.12.1(2)(c)
[heading as in originating process]
SUBPOENA TO GIVE EVIDENCE AND PRODUCE
DOCUMENTS (NEW ZEALAND)
Notice to Witness
Trans-Tasman Proceedings Act 2010
This Notice is very important.
Please read it and the attached document or documents very carefully.
If you have any trouble understanding these documents you should get
legal advice as soon as possible.
Attached to this notice is a subpoena.
The subpoena has been issued by the Supreme Court of Victoria.
The subpoena may be served in New Zealand under New Zealand law
(see section 163 of the Evidence Act 2006 (New Zealand)).
This notice:
● sets out your rights relating to the subpoena; and
● sets out your obligations relating to the subpoena; and
● includes information about the way in which you may make an
application to have the subpoena set aside.
Filed on behalf of [name and role of party]
Prepared by [name of person/lawyer]
Law firm [if applicable]
Tel Fax
Address for service
[include State and postcode]
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
139 17-033SR.S1-20/11/2017
Your rights
1. You are entitled to receive payment of an amount equal to the
reasonable expenses you incur in complying with the subpoena.
2. An amount of money, or money and vouchers, that is sufficient to
meet your reasonable expenses of complying with the subpoena must
be given to you within a reasonable time before the date for
compliance with the subpoena (see below: "Your obligations").
3. If, in complying with the subpoena, you incur expenses that are more
than the amount that was given to you before you complied, you may
obtain an order from the Supreme Court of Victoria that you be paid
the additional amount you incurred.
4. You may apply to the Supreme Court of Victoria to have the subpoena
wholly or partly set aside. If you wish to apply to have the subpoena
set aside you should get legal advice as soon as possible.
5. An application can be made and determined by that Court without you
having to go to Australia, or to retain Australian lawyers. All the
necessary arrangements can be made in New Zealand.
Note: Details of some of the grounds on which a subpoena can be set aside
and the procedures for setting aside a subpoena are set out at the end
of this notice.
Your obligations
1. Unless the subpoena is set aside, you must comply with the attached
subpoena if:
(a) when the subpoena was served on you, or at some reasonable
time before the date specified in the subpoena for compliance
with it, you were offered or given either:
(i) enough money to meet your reasonable expenses in
complying with it, including any travel and
accommodation expenses; or
(ii) a combination of money and vouchers (for example,
travel tickets) to meet those expenses; and
(b) you were given with the subpoena a copy of an order by a
judge giving leave to serve the subpoena in New Zealand; and
(c) the subpoena was served on you before or on the date specified
in the order as the last day on which the subpoena may be
served; and
(d) service of the subpoena complied with any other conditions
specified in the order; and
(e) you are 18 years of age or older.
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
140 17-033SR.S1-20/11/2017
2. If the subpoena only requires you to produce documents or things, it
must specify the date on which the documents or things are required
for production in the court or tribunal that issued the subpoena.
You may comply with the subpoena by producing the documents or things at
a registry of the High Court of New Zealand at least 10 days before the date
specified in the subpoena.
When you produce the documents or things at the registry you will be
required to produce the subpoena and to pay the cost of sending the
documents or things to the court or tribunal that issued the subpoena.
You will be able to pay that cost out of the money given to you to meet your
reasonable expenses of complying with the subpoena.
Failure to comply with the subpoena
If you do not comply with this subpoena you may be arrested and taken
before the High Court of New Zealand. Unless the High Court is satisfied
that failure to comply should be excused, a fine not exceeding NZ$10 000
may be imposed.
Grounds for setting aside a subpoena
1. The Court must set aside the subpoena if the subpoena requires you to
attend at a place in Australia and:
(a) you do not have necessary travel documents and cannot
reasonably get them within the time allowed for compliance
with the subpoena; or
(b) if you complied with the subpoena—you would be liable to be
detained for the purpose of serving a sentence; or
(c) you are being prosecuted or you are liable to prosecution for an
offence in Australia; or
(d) you are liable to imposition of a penalty in civil proceedings in
Australia (other than proceedings under the Australian
Consumer Law); or
(e) you are subject to a restriction on your movements imposed by
law or an order of a Court that is inconsistent with you
complying with the subpoena (for example, bail conditions,
release conditions or terms of a community based sentence).
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
141 17-033SR.S1-20/11/2017
2. The grounds on which the Court may set aside the subpoena include:
(a) the evidence you would give in the proceedings can be
obtained satisfactorily by other means without significantly
greater expense;
(b) compliance with the subpoena would cause you hardship or
serious inconvenience;
(c) if the subpoena requires you to produce a document or thing
and:
(i) that document or thing should not be taken out of New
Zealand; and
(ii) satisfactory evidence of the contents of the document or
satisfactory evidence of the thing can be given by other
means.
Note: The above list does not include all the matters the Court will consider
in an application to set aside a subpoena, but if any of the matters in
the list apply to you they should be included in your application.
Procedure for applying to set aside a subpoena
1. Application must be made to the Supreme Court of Victoria.
2. You may fax your application to that Court on fax number
[fax number of the Court].
3. Your application must contain an address for service in New Zealand
or Australia. Any documents to be served on you will be delivered,
faxed or posted to you at that address.
4. The Prothonotary will arrange for service of your application and of
any affidavit you lodge with the Court with your application.
5. The Court may determine your application without a hearing unless
you, or the person who requested that the subpoena be issued, asks for
a hearing.
6. If there is a hearing the Court can direct that it be held by video link
(that is, a conference television link) or telephone. In that case you or
your lawyer can take part in the hearing by video link or by telephone
from a place in New Zealand.
7. If, in your application or within a reasonable time after lodging your
application, you request that the hearing be held by video link or
telephone, the Court must hold a hearing by video link or telephone.
However, in such a case, the Court will determine which of video link
or telephone will be used.
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
142 17-033SR.S1-20/11/2017
SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS
(NEW ZEALAND)
[heading as in originating process]
TO: [name and address]
You are ordered to attend to give evidence and to produce this subpoena
or a copy of it and the documents or things specified in the Schedule.
See next page for details.
Failure to comply with this subpoena without lawful excuse is a
contempt of court and may result in your arrest and the imposition
of a fine under section 165 of the Evidence Act 2006 (New Zealand).
Please read Notes 1 to 16 at the end of this subpoena.
The last date for service of this subpoena is [date]. (See Note 2)
Date:
Signed by Prothonotary
Issued at the request of [name of party], whose address for service is:
Place:
Email:
Details of subpoena to give evidence
In so far as you are required by this subpoena to attend to give evidence, you
must attend as follows, unless you receive notice of a later date or time from
the issuing party, in which case the later date or time is substituted:
Date:
Time:
Place:
You must continue to attend from day to day unless excused by the Court or
the person authorised to take evidence in this proceeding or until the hearing
of the matter is completed.
Details of subpoena to produce documents
In so far as you are required by this subpoena to produce this subpoena or a
copy of it and documents or things, you must comply with this subpoena:
(a) by attending to produce this subpoena or a copy of it and the
documents or things specified in the Schedule below at the date, time
and place specified for attendance and production; or
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
143 17-033SR.S1-20/11/2017
(b) by delivering or sending this subpoena or a copy of it and the
documents or things specified in the Schedule below to:
(i) the Prothonotary at the address specified in this subpoena for
the purpose, or if more than one address is specified, at any of
those addresses, so that they are received not less than 2 clear
business days before the date specified in this subpoena for
attendance and production; or
(ii) the Registrar of the High Court of New Zealand at the address
specified in the subpoena for the purpose, or if more than one
address is specified, at any of those addresses, so that they are
received not less than 10 clear days before the date specified in
this subpoena for attendance and production. (See Notes 6–12)
Date, time and place at which you must attend to produce this subpoena or a
copy of it and documents or things:
Date:
Time:
Place:
Address, or any address, to which the subpoena (or copy) and documents or
things may be delivered or posted:
The Prothonotary
Supreme Court of Victoria
[address]
Schedule
The documents and things you must produce are as follows:
[If insufficient space attach list]
NOTES
Leave to serve subpoena
1. You need not comply with this subpoena unless it is accompanied by:
(a) a copy of the order giving leave to serve this subpoena in
New Zealand; and
(b) a notice in the prescribed form that:
(i) sets out your rights and obligations in relation to this
subpoena; and
(ii) includes information about the way in which an
application to have this subpoena set aside may be made.
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
144 17-033SR.S1-20/11/2017
Last day for service
2. You need not comply with the subpoena unless it is served on you on
or before the date specified in the subpoena as the last date for service
of the subpoena.
Informal service
3. Even if this subpoena has not been served personally on you, you
must, nevertheless, comply with its requirements, if you have, by the
last date for service of this subpoena, actual knowledge of this
subpoena and of its requirements.
Addressee a corporation
4. If this subpoena is addressed to a corporation, the corporation must
comply with this subpoena by its appropriate or proper officer.
Production of subpoena or copy of it and documents or things by
delivery or post
5. In so far as this subpoena requires production of this subpoena or a
copy of it and a document or thing, instead of attending to produce
this subpoena or a copy of it and the document or thing, you may
comply with this subpoena by delivering or sending this subpoena or a
copy of it and the document or thing to:
(a) the Prothonotary at the address specified in this subpoena for
the purpose, or if more than one address is so specified, at any
one of those addresses, so that they are received not less than
2 clear business days before the date specified in this subpoena
for attendance and production; or
(b) the Registrar of the High Court of New Zealand at the address
specified in this subpoena for the purpose, or if more than one
address is so specified, at any one of those addresses, so that
they are received not less than 10 clear days before the date
specified in this subpoena for attendance and production.
6. If you object to a document or thing produced in response to this
subpoena being inspected by a party to the proceeding or any other
person, you must, at the time of production, notify the Prothonotary in
writing of your objection and of the grounds of your objection.
7. Unless the Court otherwise orders, if you do not object to a document
or thing produced by you in response to this subpoena being inspected
by any party to the proceeding, the Prothonotary may permit the
parties to the proceeding to inspect the document or thing.
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
145 17-033SR.S1-20/11/2017
Production of a number of documents or things
8. If you produce more than one document or thing, you must, if
requested by the Prothonotary, produce a list of the documents or
things produced.
Production of copy instead of original
9. You may, with the consent of the issuing party, produce a copy,
instead of the original, of any document that this subpoena requires
you to produce.
9A. The copy of a document may be:
(a) a photocopy; or
(b) in an electronic form that the issuing party has indicated will be
acceptable.
Return or destruction of documents or copies
10. You may, at the time of production, inform the Court that any
document or copy of a document produced need not be returned and
may be destroyed.
11. If you have so informed the Court, the Prothonotary may destroy the
document or copy instead of returning it to you.
Applications in relation to subpoena
12. You have the right to apply to the Court for an order with respect to
any claim for privilege, public interest immunity or confidentiality in
relation to any document or thing the subject of this subpoena.
Loss or expense of compliance
13. If you are not a party to the proceeding, you may apply to the Court
for an order that the issuing party pay an amount (in addition to
conduct money and any witness's expenses) in respect of the loss or
expense, including legal costs, reasonably incurred in complying with
this subpoena.
Banker's book
14. In so far as this subpoena requires production of this subpoena or a
copy of it and a banker's book, if section 19 and other applicable
provisions of the Evidence Act 2006 (New Zealand) would have
applied if this subpoena has been issued in a New Zealand proceeding,
instead of producing the banker's book, you may produce proof of the
relevant entries in accordance with the applicable provisions of the
Evidence Act 2006 (New Zealand).
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
146 17-033SR.S1-20/11/2017
Contempt of court—arrest
15. Failure to comply with this subpoena without lawful excuse may
result in your arrest and the imposition of a fine under section 165 of
the Evidence Act 2006 (New Zealand).
16. Note 15 is without prejudice to any power of the Court under any
rules of the Court (including any rules of the Court providing for the
arrest of an addressee who defaults in attendance in accordance with a
subpoena) or otherwise, to enforce compliance with a subpoena.
Form 6–1D—General application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
147 17-033SR.S1-20/11/2017
Form 6–1D—General application
Rule 1.18
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER OF:
GENERAL APPLICATION
TO the Prothonotary:
AND TO the respondent: [name] of [address]
I wish to apply for the following order:
This application is made on the grounds that: [insert as applicable]
This application is *by consent/*contested.
Date:
[Signature of Applicant/
Applicant's Legal Practitioner]
LISTING OF APPLICATION
This application is listed for hearing before the Supreme Court at [place] at
[time] a.m./p.m. on [date].
Date:
Prothonotary
*Delete if not applicable
Form 6–2A—Notice of application
for leave to appeal against conviction
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
148 17-033SR.S1-20/11/2017
Form 6–2A—Notice of application
for leave to appeal against conviction
Rule 2.05(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
The Queen
v.
A.B.
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST CONVICTION
To the Registrar of Criminal Appeals:
I, [full name] am convicted of the offence of [description of offence] and I am
*a prisoner at [place]/*living at [place of residence].
I WISH TO APPEAL to the Court of Appeal under section 274 of the
Criminal Procedure Act 2009 against my conviction (particulars of which
are set out below).
TAKE NOTICE that I apply to the Court of Appeal for leave to appeal
against my conviction on the ground(s): [state specifically and concisely and
not merely in general terms each ground on which you intend to appeal
against conviction].
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
*[If signed by Legal Practitioner]
The name and address
for service are as follows:
[insert details]
PARTICULARS
1. Appellant's name:
2. Offence for which convicted and in relation to which it is sought to
appeal:
3. Convicted at: [place and court]
4. Trial Judge:
Form 6–2A—Notice of application
for leave to appeal against conviction
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
149 17-033SR.S1-20/11/2017
5. Date of conviction:
6. Sentence:
7. Date of sentence:
8. Name and address of legal practitioner who represented appellant at
trial:
9. Name of counsel (if any) who represented appellant at trial:
WRITTEN CASE MUST BE ATTACHED
1. This application for leave to appeal must be accompanied by a written
case in support of the application.
2. A written case must comply with the requirements of any applicable
practice direction. Practice directions may be viewed at, and
downloaded from, the website of the Supreme Court of Victoria at
www.supremecourt.vic.gov.au.
ORAL HEARING OPTION
I wish to have an oral hearing of my application
*I will be represented at the oral hearing by: Counsel
Solicitor
Myself
[please tick appropriate boxes]
I *wish/*do not wish to be present personally at the oral hearing.
I *wish/*do not wish to appear by audio visual link at the oral hearing.
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
NOTES TO APPELLANT—ORAL HEARING OPTION:
1. It is the aim of the Court of Appeal to deal with the majority of
applications for leave to appeal by a single Judge of Appeal without
an oral hearing. Consequently, unless you request an oral hearing, a
single Judge of Appeal may determine the application on the basis of
your grounds of appeal and accompanying written case without an
oral hearing.
Form 6–2A—Notice of application
for leave to appeal against conviction
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
150 17-033SR.S1-20/11/2017
2. You may, however, request an oral hearing of your application by
completing this section of this Form. This request must be confirmed
to the Registrar of Criminal Appeals in writing in accordance with any
applicable practice direction.
3. You must attach your written case in support of your application
whether or not you request an oral hearing.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
*Delete if not applicable
Form 6–2B—Notice of application
for leave to appeal against sentence
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
151 17-033SR.S1-20/11/2017
Form 6–2B—Notice of application
for leave to appeal against sentence
Rule 2.05(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
The Queen
v.
A.B.
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST SENTENCE
To the Registrar of Criminal Appeals:
I, [full name] am convicted of the offence of [description of offence] and I am
*a prisoner at [place]/*living at [place of residence].
I WISH TO APPEAL to the Court of Appeal under section 278 of the
Criminal Procedure Act 2009 against my sentence (particulars of which are
set out below).
TAKE NOTICE that I apply to the Court of Appeal for leave to appeal
against my sentence on the ground(s): [state specifically and concisely and
not merely in general terms each ground on which you intend to appeal
against sentence].
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
*[If signed by Legal Practitioner]
The name and address
for service are as follows:
[insert details]
PARTICULARS
1. Appellant's name:
2. Offence for which convicted and in relation to which it is sought to
appeal:
3. Convicted at: [place and court]
4. Sentencing Judge:
Form 6–2B—Notice of application
for leave to appeal against sentence
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
152 17-033SR.S1-20/11/2017
5. Date of conviction:
6. Sentence:
7. Date of sentence:
8. Name and address of legal practitioner who represented appellant at
trial:
9. Name of counsel (if any) who represented appellant at trial:
WRITTEN CASE MUST BE ATTACHED
1. This application for leave to appeal must be accompanied by a written
case in support of the application.
2. A written case must comply with the requirements of any applicable
practice direction. Practice directions may be viewed at, and
downloaded from, the website of the Supreme Court of Victoria at
www.supremecourt.vic.gov.au.
ORAL HEARING OPTION
I wish to have an oral hearing of my application
*I will be represented at the oral hearing by: Counsel
Solicitor
Myself
[please tick appropriate boxes]
I *wish/*do not wish to be present personally at the oral hearing.
I *wish/*do not wish to appear by audio visual link at the oral hearing.
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
NOTES TO APPELLANT—ORAL HEARING OPTION:
1. It is the aim of the Court of Appeal to deal with the majority of
applications for leave to appeal by a single Judge of Appeal without
an oral hearing. Consequently, unless you request an oral hearing a
single Judge of Appeal may determine the application on the basis of
your grounds of appeal and accompanying written case without an
oral hearing.
Form 6–2B—Notice of application
for leave to appeal against sentence
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
153 17-033SR.S1-20/11/2017
2. You may, however, request an oral hearing of your application by
completing this section of this Form. This request must be confirmed
to the Registrar of Criminal Appeals in writing in accordance with any
applicable practice direction.
3. You must attach your written case in support of your application
whether or not you request an oral hearing.
IMPORTANT NOTE:
You should be aware that the Court of Appeal has the power under the
Criminal Procedure Act 2009 to impose a sentence which is more or less
severe than the sentence which is appealed against.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
*Delete if not applicable
Form 6–2C—Notice of application for leave to appeal under section 283 of Criminal
Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
154 17-033SR.S1-20/11/2017
Form 6–2C—Notice of application for
leave to appeal under section 283 of
Criminal Procedure Act 2009
Rules 2.05(3), 2.54(b)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
BETWEEN A.B. Appellant
and
C.D. Respondent
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST SENTENCE IMPOSED BY COUNTY COURT ON
APPEAL FROM MAGISTRATES' COURT UNDER
SECTION 283 OF THE CRIMINAL PROCEDURE ACT 2009
To the Registrar of Criminal Appeals:
I, [full name], am convicted of the offence of [description of offence] and
I am a prisoner at [name of prison].
TAKE NOTICE THAT I APPLY to the Court of Appeal under section 283
of the Criminal Procedure Act 2009 for leave to appeal to the Court of
Appeal against the sentence of [details of sentence] passed upon me by the
County Court.
The grounds on which I apply are:
[state specifically and concisely and not merely in general terms each ground
on which you intend to appeal].
PARTICULARS
1. Name of appellant:
2. Offence for which convicted and in relation to which it is sought to
appeal:
3. Originally convicted at the Magistrates' Court at [place of Court] and
sentenced to [sentence or other order imposed by the Magistrates'
Court];
4. Sentence substituted by County Court:
5. Sentencing Judge:
6. Date sentence of County Court imposed:
Form 6–2C—Notice of application for leave to appeal under section 283 of Criminal
Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
155 17-033SR.S1-20/11/2017
Date:
[Signed by Appellant]
WRITTEN CASE MUST BE ATTACHED
1. This application for leave to appeal must be accompanied by a written
case in support of the application.
2. A written case must comply with the requirements of any applicable
practice direction. Practice directions may be viewed at, and
downloaded from, the website of the Supreme Court of Victoria at
www.supremecourt.vic.gov.au.
ORAL HEARING OPTION
I wish to have an oral hearing of my application
*I will be represented at the oral hearing by: Counsel
Solicitor
Myself
[please tick appropriate boxes]
I *wish/*do not wish to be present personally at the oral hearing.
I *wish/*do not wish to appear by audio visual link at the oral hearing.
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
NOTES TO APPELLANT—ORAL HEARING OPTION:
1. It is the aim of the Court of Appeal to deal with the majority of
applications for leave to appeal by a single Judge of Appeal without
an oral hearing. Consequently, unless you request an oral hearing, a
single Judge of Appeal may determine the application on the basis of
your grounds of appeal and accompanying written case without an
oral hearing.
2. You may, however, request an oral hearing of your application by
completing this section of this Form. This request must be confirmed
to the Registrar of Criminal Appeals in writing in accordance with any
applicable practice direction.
3. You must attach your written case in support of your application
whether or not you request an oral hearing.
Form 6–2D—Notification to applicant of single Judge's decision
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
156 17-033SR.S1-20/11/2017
Form 6–2D—Notification to applicant
of single Judge's decision
Rule 2.25(1)(a)
[heading as in Form 6–2A]
NOTIFICATION TO APPLICANT OF SINGLE JUDGE'S
DECISION UNDER SECTION 315 OF THE CRIMINAL
PROCEDURE ACT 2009
To: [name of applicant]
I NOTIFY YOU that after consideration of your application for *leave to
appeal/*review of refusal to certify under section 295(3) of the Criminal
Procedure Act 2009/*extension of time within which notice of appeal or
application for leave to appeal may be given/*bail/*stay of sentence has been
refused by [insert name of Judge] acting under section 315 of the Criminal
Procedure Act 2009.
If you wish to elect to have your application determined by the Court of
Appeal constituted by at least two judges, complete the enclosed election
form and return it to me within 10 DAYS after you receive this notification.
Date:
[Signed]
*Delete if not applicable
Form 6–2DA—Notification to appellant of single Judge's decision to grant leave to
appeal or refer application to at least two Judges of Appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
157 17-033SR.S1-20/11/2017
Form 6–2DA—Notification to appellant
of single Judge's decision to grant leave
to appeal or refer application
to at least two Judges of Appeal
Rule 2.07(3)(a)
[heading as in Form 6–2A]
NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S
DECISION TO GRANT LEAVE TO APPEAL OR REFER
APPLICATION TO AT LEAST TWO JUDGES OF APPEAL
To: [name of appellant]
I NOTIFY YOU that after consideration of your application for leave to
appeal against *conviction/*sentence, the Court of Appeal constituted by a
single Judge of Appeal:
*has granted leave to appeal.
*has referred the application for leave to appeal to the Court of Appeal
comprising at least two Judges of Appeal.
The *appeal/*application for leave to appeal:
*is listed to be heard at [place] on [date and time].
*will be listed to be heard on a date and at a time which will be notified to
you.
Date:
[Signed by Registrar]
Note: If your application for leave to appeal has been referred, the following
notes apply:
1. The Court of Appeal comprising at least two Judges of Appeal may
treat an application for leave to appeal as the appeal itself.
2. Unless you request an oral hearing of the application for leave to
appeal, the Court of Appeal may determine the application for leave to
appeal on the basis of your grounds of appeal and accompanying
written case without an oral hearing.
3. You may, however, request an oral hearing by completing the
following section of this Form and return it to me within 10 DAYS
after you receive this notification. This request must be confirmed to
me in writing in accordance with any applicable practice direction.
Form 6–2DA—Notification to appellant of single Judge's decision to grant leave to
appeal or refer application to at least two Judges of Appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
158 17-033SR.S1-20/11/2017
ORAL HEARING OPTION
I wish to have an oral hearing of my application
*I will be represented at the oral hearing by: Counsel
Solicitor
Myself
[please tick appropriate boxes]
I *wish/*do not wish to be present personally at the oral hearing.
I *wish/*do not wish to appear by audio visual link at the oral hearing.
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
IMPORTANT NOTE:
You should be aware that the Court of Appeal has the power under the
Criminal Procedure Act 2009 to impose a sentence which is more or less
severe than the sentence which is appealed against.
*Delete if not applicable
Form 6–2DB—Notification to appellant of single Judge's decision to grant leave to
appeal on some grounds and refuse leave on other grounds or to refuse leave to appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
159 17-033SR.S1-20/11/2017
Form 6–2DB—Notification to appellant
of single Judge's decision to grant leave
to appeal on some grounds and
refuse leave on other grounds or to
refuse leave to appeal
Rule 2.07(3)(b)
[heading as in Form 6–2A]
NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S
DECISION TO GRANT LEAVE TO APPEAL ON SOME
GROUNDS AND REFUSE LEAVE ON OTHER GROUNDS OR
TO REFUSE LEAVE TO APPEAL
To: [name of appellant]
I NOTIFY YOU that after consideration of your application for leave to
appeal against *conviction/*sentence, the Court of Appeal constituted by a
single Judge of Appeal pursuant to section 315 of the Criminal Procedure
Act 2009 has, for the reasons set out below:
*granted leave to appeal on grounds [insert the numbers of the relevant
grounds of appeal] and refused leave to appeal on other grounds [insert the
numbers of the relevant grounds of appeal].
*refused leave to appeal.
REASONS
[insert as appropriate]
If you wish to renew the application to be determined by the Court of Appeal
comprising at least two Judges of Appeal you must complete the enclosed
election form and return it to me within 10 DAYS after you receive this
notification.
Date:
[Signed by Registrar]
Form 6–2DB—Notification to appellant of single Judge's decision to grant leave to
appeal on some grounds and refuse leave on other grounds or to refuse leave to appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
160 17-033SR.S1-20/11/2017
ELECTION TO RENEW APPLICATION
I, [insert name of appellant] elect to renew my application for leave to appeal
against *conviction/*sentence to be determined by the Court of Appeal
comprising at least two Judges of Appeal.
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
NOTES:
1. It is the aim of the Court of Appeal to deal with the majority of
renewal applications without an oral hearing. Consequently, unless
you request an oral hearing, the Court of Appeal may determine the
application on the basis of your grounds of appeal and accompanying
written case without an oral hearing.
2. You may, however, request an oral hearing by completing the
following section of this Form. This request must be confirmed to the
Registrar of Criminal Appeals in writing in accordance with any
applicable practice direction.
ORAL HEARING OPTION
I wish to have an oral hearing of my application
*I will be represented at the oral hearing by: Counsel
Solicitor
Myself
[please tick appropriate boxes]
I *wish/*do not wish to be present personally at the oral hearing.
I *wish/*do not wish to appear by audio visual link at the oral hearing.
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
IMPORTANT NOTE:
You should be aware that the Court of Appeal has the power under the
Criminal Procedure Act 2009 to impose a sentence which is more or less
severe than the sentence which is appealed against.
*Delete if not applicable
Form 6-2DC—Notification to appellant of Court of Appeal decision on renewed
application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
161 17-033SR.S1-20/11/2017
Form 6-2DC—Notification to appellant
of Court of Appeal decision
on renewed application
Rule 2.08(4)
[heading as in Form 6–2A]
NOTIFICATION TO APPELLANT OF COURT OF APPEAL
DECISION ON RENEWED APPLICATION
To: [name of appellant]
I NOTIFY YOU that after consideration of your application for leave to
appeal against *conviction/*sentence, the Court of Appeal has, for the
reasons set out below:
*granted leave to appeal.
*granted leave to appeal on grounds [insert the numbers of the relevant
grounds of appeal] and refused leave to appeal on other grounds [insert the
numbers of the relevant grounds of appeal].
*refused leave to appeal.
*referred the application for leave to appeal to the Court of Appeal
comprising no fewer than three Judges of Appeal.
REASONS
[insert as appropriate]
The *appeal/*application for leave to appeal:
*is listed to be heard at [place] on [date and time].
*will be listed to be heard on a date and at a time which will be notified to
you.
Date:
[Signed by Registrar]
NOTE:
The Court of Appeal may treat an application for leave to appeal as the
appeal itself.
Form 6-2DC—Notification to appellant of Court of Appeal decision on renewed
application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
162 17-033SR.S1-20/11/2017
IMPORTANT NOTE:
You should be aware that the Court of Appeal has the power under the
Criminal Procedure Act 2009 to impose a sentence which is more or less
severe than the sentence which is appealed against.
*Delete if not applicable
Form 6–2E—Application under section 304 of Criminal Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
163 17-033SR.S1-20/11/2017
Form 6–2E—Application under section 304
of Criminal Procedure Act 2009
Rule 2.16
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
BETWEEN A.B. Appellant
and
C.D. Respondent
APPLICATION UNDER SECTION 304 OF THE CRIMINAL
PROCEDURE ACT 2009 TO SHOW CAUSE WHY A
QUESTION OF LAW SHOULD NOT BE RESERVED FOR
DETERMINATION BY COURT OF APPEAL
To the Registrar of Criminal Appeals:
I, [full name of applicant], APPLY to the Court of Appeal under section 304
of the Criminal Procedure Act 2009 for an order calling on the
*County Court/*Trial Division of the Supreme Court and the respondent to
show cause why the question of law specified below should not be reserved
for determination by the Court of Appeal.
The question of law is:
[set out specifically and concisely the question of law to which this
application relates].
The proceeding in which the question arose is:
Date:
[Signed by Applicant]
Form 6–2F—Notice of application for
leave to appeal against finding of unfitness to stand trial
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
164 17-033SR.S1-20/11/2017
Form 6–2F—Notice of application for
leave to appeal against finding
of unfitness to stand trial
Rule 2.18(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
The Queen
v.
A.B.
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST FINDING OF UNFITNESS TO STAND TRIAL
To the Registrar of Criminal Appeals:
I, [full name], have been found unfit to stand trial in relation to the offence of
[description of offence] and I am *a prisoner at [place]/*living at [place of
residence].
I WISH TO APPEAL to the Court of Appeal under section 14A of the
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against
the finding that I am unfit to stand trial (particulars of which are set out
below).
TAKE NOTICE that I apply to the Court of Appeal for leave to appeal
against the finding that I am unfit to stand trial on the ground(s): [state briefly
the grounds upon which you wish to appeal against the finding].
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
*[If signed by Legal Practitioner]
The name and address
for service are as follows:
[insert details]
Form 6–2F—Notice of application for
leave to appeal against finding of unfitness to stand trial
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
165 17-033SR.S1-20/11/2017
PARTICULARS
1. Applicant's name:
2. Offence to which the finding against which it is sought to appeal
relates:
3. Criminal proceeding held at: [place and court]
4. Trial Judge:
5. Date of finding:
6. Name and address of legal practitioner who represented applicant at
trial:
7. Name of counsel (if any) who represented applicant at trial:
8. State whether you wish to personally attend the hearing of this
proceeding:
9. State whether you wish to appear by audio visual link at the hearing of
this proceeding.
IMPORTANT NOTES:
1. Unless the Court directs otherwise, you may, if you wish, attend in
Court at the hearing of your application, or appear by audio visual link
if that is practicable. If you wish to do either of these things, you
should complete paragraphs 8 and 9 above accordingly or otherwise
notify the Registrar in writing of your wish.
2. If you wish the Court, on the hearing of your application, to consider
your case in writing without the presentation of oral argument, you
should inform the Registrar accordingly.
3. Your attention is drawn to the procedure that follows the filing of your
notice of application for leave to appeal.
Unless otherwise directed by the Registrar or the Court—
(a) within two months after filing the notice of application for
leave to appeal, you must file with the Registrar and serve on
the respondent a full statement of the grounds upon which you
intend to rely on appeal, if leave to appeal is given. This need
not follow the grounds stated in your notice of application for
leave to appeal, but in the new document the grounds must be
stated fully, precisely and in detail; and
(b) within one month after filing the full statement of grounds, you
must file with the Registrar and serve on the respondent an
outline of the submissions to be relied upon on the hearing of
your application.
Form 6–2F—Notice of application for
leave to appeal against finding of unfitness to stand trial
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
166 17-033SR.S1-20/11/2017
Failure to comply with these requirements may result in your
application standing dismissed. Any extension of time (if needed)
should be sought from the Registrar or the Court of Appeal under the
Act.
4. The Court may treat the hearing of this application as the hearing of
the appeal.
5. An application for leave to appeal may be abandoned at any time
before the day fixed for the hearing of the application by filing
with the Registrar a notice of abandonment in the appropriate form.
*Delete if not applicable
Form 6–2G—Notice of application
for leave to appeal against mental impairment verdict
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
167 17-033SR.S1-20/11/2017
Form 6–2G—Notice of application
for leave to appeal against mental
impairment verdict
Rule 2.19(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
The Queen
v.
A.B.
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST MENTAL IMPAIRMENT VERDICT
To the Registrar of Criminal Appeals:
I, [full name], am found not guilty because of mental impairment of the
offence of [description of offence] and I am *a prisoner at [place]/*living at
[place of residence].
I WISH TO APPEAL to the Court of Appeal under section 24AA of the
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against
that verdict (particulars of which are set out below).
TAKE NOTICE that I apply to the Court of Appeal for leave to appeal
against the verdict that I am not guilty because of mental impairment on the
ground(s): [state briefly the grounds upon which you wish to appeal against
the verdict].
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
*[If signed by Legal Practitioner]
The name and address
for service are as follows:
[insert details]
PARTICULARS
1. Applicant's name:
2. Offence for which verdict of not guilty because of mental impairment
was recorded against which it is sought to appeal:
3. Criminal proceeding held at: [place and court]
Form 6–2G—Notice of application
for leave to appeal against mental impairment verdict
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
168 17-033SR.S1-20/11/2017
4. Trial Judge:
5. Date of verdict:
6. Name and address of legal practitioner who represented applicant at
trial:
7. Name of counsel (if any) who represented applicant at trial:
8. State whether you wish to personally attend the hearing of this
proceeding:
9. State whether you wish to appear by audio visual link at the hearing of
this proceeding.
IMPORTANT NOTES:
1. Unless the Court directs otherwise, you may, if you wish, attend in
Court at the hearing of your application, or appear by audio visual link
if that is practicable. If you wish to do either of these things, you
should complete paragraphs 8 and 9 above accordingly or otherwise
notify the Registrar in writing of your wish.
2. If you wish the Court, on the hearing of your application, to consider
your case in writing without the presentation of oral argument, you
should inform the Registrar accordingly.
3. Your attention is drawn to the procedure that follows the filing of your
notice of application for leave to appeal.
Unless otherwise directed by the Registrar or the Court—
(a) within two months after filing the notice of application for
leave to appeal, you must file with the Registrar and serve on
the respondent a full statement of the grounds upon which you
intend to rely on appeal, if leave to appeal is given. This need
not follow the grounds stated in your notice of application for
leave to appeal, but in the new document the grounds must be
stated fully, precisely and in detail; and
(b) within one month after filing the full statement of grounds, you
must file with the Registrar and serve on the respondent an
outline of the submissions to be relied upon on the hearing of
your application.
Failure to comply with these requirements may result in your
application standing dismissed. Any extension of time (if needed)
should be sought from the Registrar or the Court of Appeal under the
Act.
4. The Court may treat the hearing of this application as the hearing of
the appeal.
Form 6–2G—Notice of application
for leave to appeal against mental impairment verdict
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
169 17-033SR.S1-20/11/2017
5. An application for leave to appeal may be abandoned at any time
before the day fixed for the hearing of the application by filing
with the Registrar a notice of abandonment in the appropriate form.
*Delete if not applicable
Form 6–2H—Application for extension to time to file/serve notice of appeal or notice
of application for leave to appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
170 17-033SR.S1-20/11/2017
Form 6–2H—Application for extension to
time to file/serve notice of appeal or notice
of application for leave to appeal
Rule 2.22
[heading as in Form 6–2A]
APPLICATION FOR EXTENSION OF TIME TO
*FILE/*SERVE NOTICE OF APPEAL OR NOTICE
OF APPLICATION TO APPEAL
To the Registrar of Criminal Appeals:
I, [full name], am convicted of the offence of [description of offence] and
I am *a prisoner at [place]/*living at [place of residence].
I APPLY to the *Registrar of Criminal Appeals/*Court of Appeal under
section 313 of the Criminal Procedure Act 2009 for an extension of time
within which to *file/*serve notice of appeal or notice of application for
leave to appeal to the Court of Appeal under Part 6.3 of Chapter 6 of that
Act (particulars of which are set out below).
The reasons I failed to *file/*serve a notice within the prescribed time and
the ground(s) upon which I make this application are: [state specifically and
concisely and not merely in general terms the grounds of the application].
Date:
[Signed by Applicant]
PARTICULARS
1. Applicant's name:
2. Offence for which convicted:
3. Convicted at: [place and Court]
4. Trial or sentencing Judge:
5. Date of conviction:
6. Sentence:
7. Date of sentence:
Form 6–2H—Application for extension to time to file/serve notice of appeal or notice
of application for leave to appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
171 17-033SR.S1-20/11/2017
IMPORTANT NOTE:
This notice must accompany the notice of appeal or notice of application for
leave to appeal.
*Delete if not applicable
Form 6–2I—Notification to applicant of Registrar's decision under section 313 of
Criminal Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
172 17-033SR.S1-20/11/2017
Form 6–2I—Notification to applicant of
Registrar's decision under section 313 of
Criminal Procedure Act 2009
Rule 2.23(3)(a)
[heading as in Form 6–2A]
NOTIFICATION TO APPLICANT OF REGISTRAR'S
DECISION UNDER SECTION 313 OF THE CRIMINAL
PROCEDURE ACT 2009
To: [name of applicant]
I NOTIFY YOU that after consideration of your application for extension of
time for *filing/*serving notice of appeal or notice of application for leave to
appeal your application has been refused.
If you wish to elect to have the refused application determined by the Court
of Appeal, complete the enclosed election form and return it to me within
10 DAYS after you receive this notification.
Date:
[Signed]
*Delete if not applicable
Form 6–2J—Election to have extension of time determined by Court of Appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
173 17-033SR.S1-20/11/2017
Form 6–2J—Election to have extension of
time determined by Court of Appeal
Rule 2.24(1)
[heading as in Form 6–2A]
ELECTION TO HAVE EXTENSION OF TIME
DETERMINED BY THE COURT OF APPEAL
To the Registrar of Criminal Appeals:
I, [full name], having received your notification that you have refused my
application for extension of time within which notice of appeal or application
for leave to appeal may be *filed/*served, GIVE NOTICE that I elect to have
my application determined by the Court of Appeal.
I wish *to attend at the hearing of my application;
*to appear by audio visual link.
Date:
[Signed by Applicant]
[Signed by Witness]
[Name and Address of Witness]
*Delete if not applicable
NOTE: You must include any reasons additional to those set out in your
original application which you wish to have considered by the Court of
Appeal. Attach additional material if you wish.
Form 6–2K—Election to have application under section 315 of Criminal Procedure
Act 2009 determined by Court of Appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
174 17-033SR.S1-20/11/2017
Form 6–2K—Election to have application
under section 315 of Criminal Procedure
Act 2009 determined by Court of Appeal
Rule 2.25(2)
[heading as in Form 6–2A]
ELECTION TO HAVE APPLICATION UNDER
SECTION 315 OF THE CRIMINAL PROCEDURE
ACT 2009 DETERMINED BY COURT OF APPEAL
To the Registrar of Criminal Appeals:
I, [full name], having received your notification that my application for
*leave to appeal/*review of refusal to certify under section 295(3) of the
Criminal Procedure Act 2009/*extension of time within which notice of
appeal or application for leave to appeal may be given/*bail/*stay of sentence
has been refused by a single Judge of Appeal under section 315 of that Act,
GIVE NOTICE that I elect to have my application determined by the Court
of Appeal constituted by at least two judges.
I wish *to attend the hearing of my application;
*to appear by audio visual link.
Date:
[Signed by Applicant]
[Signed by Witness]
[Name and Address of Witness]
*Delete if not applicable
IMPORTANT NOTES:
1. The Court may treat the hearing of the application for leave to appeal
as the hearing of the appeal.
2. You should be aware that the Court has the power under section 281
of the Criminal Procedure Act 2009 to impose a sentence which is
more or less severe than the sentence which is appealed against.
Form 6–2L—Recognizance of appellant sentenced to pay fine and surety
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
175 17-033SR.S1-20/11/2017
Form 6–2L—Recognizance of appellant
sentenced to pay fine and surety
Rule 2.29(2)
RECOGNIZANCE OF APPELLANT SENTENCED
TO PAY A FINE (AND SURETY)
1. [full name] of [address] was on [date] convicted of [offences]
and was sentenced to pay the sum of $ as a fine by the
*Supreme/*County Court; and
2. *He/*She has indicated a wish to appeal against the conviction on
*a question of law under section 272 of the Criminal Procedure
Act 2009; and
3. The Court considers that the appellant may instead of payment of the fine
be ordered to enter into a recognizance of bail for the sum of $ with
[number] sureties each for the sum of $ to prosecute the appeal
before the Court of Appeal.
[full name] of [address] acknowledges owing to the State of Victoria the sum
of $ to be satisfied by or out of the person's goods, chattels, lands and
tenements, if* he or *she breaches the condition(s) set out below.
Taken and acknowledged on [date] at the *Supreme Court/*County Court,
before [name of Judge].
[Signed]
Associate to Judge
The condition(s) of the recognizance are that if [full name] of [address]—
1. personally attends the Court of Appeal at every hearing of the appeal and
at its final determination and prosecutes the appeal and abides by the
judgment of the Court and not be absent from any hearing without leave
and pay to the Registrar of Criminal Appeals the sum of $ , or
such sum as the Court may order; and
2. [Insert any other conditions]
then this recognizance shall be void; but otherwise it shall be of full force and
effect.
Form 6–2L—Recognizance of appellant sentenced to pay fine and surety
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
176 17-033SR.S1-20/11/2017
RECOGNIZANCE OF SURETY
On [date] [insert name(s) and address(es) of surety(ies)] personally
come before [name of Judge] and individually acknowledged themselves to
owe the State of Victoria [insert sum in respect of which surety is bound] to
be satisfied by or out of their respective goods, chattels, lands and tenements
if [name of appellant] now before the Court breaches the condition(s) set out
above.
Taken and acknowledged on [date] at the *Supreme Court/*County
Court before [name of Judge].
[Signed]
Associate to Judge
*Delete if not applicable
Form 6–2M—Notification of result of appeal or application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
177 17-033SR.S1-20/11/2017
Form 6–2M—Notification of result
of appeal or application
Rule 2.39(1)
[heading as in Form 6–2A]
NOTIFICATION OF RESULT OF APPEAL OR APPLICATION
In the case of R v. [name of appellant]
TAKE NOTICE that the Court of Appeal has considered—
* the appeal and has decided [complete appropriately];
* the application for—
* leave to appeal to the Court;
* extension of time for *filing/*serving notice of appeal or
application for leave to appeal;
* bail
and has decided [complete appropriately].
Date:
[Signed]
Registrar of Criminal Appeals
*Delete if not applicable
Form 6–2N—Notice of abandonment
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
178 17-033SR.S1-20/11/2017
Form 6–2N—Notice of abandonment
Rule 2.40(1)
[heading as in Form 6–2A]
NOTICE OF ABANDONMENT
To the Registrar of Criminal Appeals:
I, [full name], *a prisoner at [place]/*living at [place of residence] give
notice that I wish to abandon my *appeal/*application for leave to appeal
dated [insert date] against *conviction/*and sentence/*and my application
for an extension of time within which to *file/*serve notice of appeal or
application for leave to appeal dated [insert date].
Date:
[Signed by Appellant/
Applicant]
[Signed by Witness]
[Name and address of Witness]
*Delete if not applicable
Form 6–2O—Appellant's application for examination of further witnesses
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
179 17-033SR.S1-20/11/2017
Form 6–2O—Appellant's application for
examination of further witnesses
Rule 2.44(2)
[heading as in Form 6–2A]
APPELLANT'S APPLICATION FOR EXAMINATION
OF FURTHER WITNESS(ES)
To the Registrar of Criminal Appeals:
I, [name of appellant], an appellant in the Court of Appeal, request you to
take notice that I desire that the Court order the witness(es) named below to
attend the Court and be examined on my behalf.
PARTICULARS
1. State name(s) and address(es) of witness(es).
2. Was the witness, or if more than one, which ones, examined at the trial?
3. If the answer to question 2 is "no", give reasons why the witness or
witnesses were not examined.
4. What do you want the witness(es) to be examined on?
State clearly the evidence you think the witness(es) can give.
Date:
[Signed]
Appellant
Form 6–2P—Notice to witness to attend before examiner
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
180 17-033SR.S1-20/11/2017
Form 6–2P—Notice to witness to
attend before examiner
Rule 2.45(3)
[heading as in Form 6–2A]
NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER
To: [name of witness or person to whom notice is to be given]
The Court of Appeal has ordered that [name(s) of witness(es)] be examined
as *a witness/*witnesses upon the appeal of [name of appellant] and that
depositions are to be taken for the use of the Court.
You, [name of witness], are to attend at [place] at [time] on [date] to be
examined.
You must bring with you to the appeal any books, papers or other material
which you have received notice to produce.
Date:
[Signed]
Registrar of Criminal Appeals
*Delete if not applicable
Form 6–2Q—Notice to prisoner who wishes to appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
181 17-033SR.S1-20/11/2017
Form 6–2Q—Notice to prisoner
who wishes to appeal
Rule 2.53(2)
NOTICE TO PRISONER WHO WISHES TO APPEAL
1. If a person convicted in the Supreme Court or the County Court wishes
to appeal to the Court of Appeal against conviction under section 274
of the Criminal Procedure Act 2009, the person must file a notice of
application for leave to appeal against conviction in the prescribed form
with the Registrar of Criminal Appeals of the Supreme Court within
28 days after conviction and sentence.
2. The notice of application for leave to appeal must state specifically and
not merely in general terms the grounds upon which it is desired to
appeal.
3. A person who has been sentenced and who wishes to appeal against the
sentence under section 278 or 283 of the Criminal Procedure Act 2009
must file a notice of application for leave to appeal against sentence in the
prescribed form with the Registrar of Criminal Appeals of the Supreme
Court within 28 days after sentence.
4. Separate notices must be lodged for (a) an appeal against conviction
and (b) an appeal against sentence.
5. Under section 313 of the Criminal Procedure Act 2009 it is possible to
apply for an extension of these time limits.
6. It is the aim of the Court of Appeal to deal with the majority of
applications for leave to appeal without an oral hearing. Unless a
person requests an oral hearing of the application for leave to appeal,
the Court of Appeal may determine the application without an oral
hearing.
7. A person may request an oral hearing and the request must be confirmed
to the Registrar of Criminal Appeals in writing in accordance with any
applicable practice direction.
Form 6–2R—Information for persons on whom sentence of imprisonment has been
imposed by County Court on appeal from Magistrates' Court
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
182 17-033SR.S1-20/11/2017
Form 6–2R—Information for persons on
whom sentence of imprisonment has been
imposed by County Court on appeal from
Magistrates' Court
Rules 2.53, 2.54
INFORMATION FOR PERSONS UPON WHOM A
SENTENCE OF IMPRISONMENT HAS BEEN IMPOSED
BY THE COUNTY COURT UPON APPEAL FROM THE
MAGISTRATES' COURT IN SUBSTITUTION FOR OTHER
SENTENCE IMPOSED BY THE MAGISTRATES' COURT
1. If—
(a) a person has appealed to the County Court from the Magistrates'
Court against a conviction, a sentence or other order of the
Magistrates' Court; and
(b) the County Court has substituted on that person a sentence of
imprisonment instead of the sentence imposed by the Magistrates'
Court; and
(c) the sentence originally imposed by the Magistrates' Court was not a
sentence of imprisonment—
that person may apply to the Court of Appeal for leave to appeal to the
Court of Appeal under section 283 of the Criminal Procedure Act 2009
against the sentence imposed by the County Court.
2. If you wish to appeal against the sentence imposed by the County Court
then, within 28 days after that sentence has been imposed, you or your
legal practitioner must serve or cause to be served a NOTICE OF
APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE
UNDER SECTION 283 OF THE CRIMINAL PROCEDURE
ACT 2009 on each of—
(a) the informant; and
(b) the Director of Public Prosecutions—
and must file or cause to be filed a copy of the notice with the Registrar of
Criminal Appeals.
3. The notice must be in Form 6-2C. A copy of that Form must be given to
you with this notice.
Form 6–3A—Notice of application for leave
to appeal against interlocutory decision
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
183 17-033SR.S1-20/11/2017
Form 6–3A—Notice of application for leave
to appeal against interlocutory decision
Rule 3.03(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
The Queen
v.
A.B.
NOTICE OF APPLICATION FOR LEAVE TO APPEAL
AGAINST INTERLOCUTORY DECISION
To the Registrar of Criminal Appeals:
I, [full name], am a party to a proceeding in the *County Court/*Trial
Division of the Supreme Court for the prosecution of an indictable offence.
I GIVE NOTICE THAT I wish to appeal under section 295 of the Criminal
Procedure Act 2009 against the interlocutory decision made in that
proceeding [state briefly interlocutory decision against which it is intended to
appeal].
The ground(s) of my appeal are: [state precisely the grounds of the appeal]
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
PARTICULARS
1. Appellant's name:
2. Proceeding in which interlocutory decision was made:
3. Trial Judge who made interlocutory decision:
4. Certificate of Judge under section 295(3) of the Criminal Procedure
Act 2009 who made the interlocutory decision attached? *YES/*NO.
5. Name and address of legal practitioner who represents appellant at trial:
6. Name of counsel (if any) who represents appellant at trial:
7. State whether you wish to attend the hearing of this proceeding:
8. State whether you wish to appear by audio visual link at the hearing of
this proceeding.
Form 6–3A—Notice of application for leave
to appeal against interlocutory decision
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
184 17-033SR.S1-20/11/2017
IMPORTANT NOTES:
1. Unless the Court directs otherwise, you may, if you wish, attend Court
at the hearing of your appeal, or appear by audio visual link if that is
practicable. If you wish to do either of these things, you should complete
paragraphs 7 and 8 above accordingly or otherwise notify the Registrar
in writing of your wish.
2. Any extension of time (if needed) should be sought from the Registrar
or the Court of Appeal under section 313 of the Criminal Procedure
Act 2009.
3. If you wish the Court, on the hearing of your appeal, to consider your
case in writing without the presentation of oral argument, you should
inform the Registrar accordingly.
4. An interlocutory appeal may be abandoned at any time before the
hearing of the appeal by filing with the Registrar a notice of
abandonment in the appropriate form.
*Delete if not applicable
Form 6–3B—Notice of application for review of refusal to certify under section
295(3) of Criminal Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
185 17-033SR.S1-20/11/2017
Form 6–3B—Notice of application for review
of refusal to certify under section 295(3)
of Criminal Procedure Act 2009
Rule 3.04(1)
[heading as in Form 6–3A]
NOTICE OF APPLICATION FOR REVIEW OF REFUSAL
OF JUDGE TO CERTIFY UNDER SECTION 295(3)
OF CRIMINAL PROCEDURE ACT 2009
To the Registrar of Criminal Appeals:
I, [full name], am a party to a proceeding in the *County Court/*Trial
Division of the Supreme Court for the prosecution of an indictable offence.
*Judge/*Justice [name of Judge] in that proceeding has refused to certify
under section 295(3) of the Criminal Procedure Act 2009 so that an appeal
against and interlocutory decision of that Judge may be made.
I APPLY to the Court of Appeal under section 296 of that Act for a review of
the decision of the Judge to refuse to certify.
The ground(s) of my application for review are: [state precisely the grounds
of the application for review]
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
*Delete if not applicable
Form 6–3BA—Notice of appeal and undertaking to proceed
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
186 17-033SR.S1-20/11/2017
Form 6–3BA—Notice of appeal
and undertaking to proceed
Rule 3B.02
NOTICE OF APPEAL AND UNDERTAKING TO PROCEED
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [name]:
I WISH TO APPEAL against a decision of the Children's Court at [place] on
[date].
The details of the charges and sentences/order imposed were:
Charge Sentence/Order
I am appealing against:
*conviction and sentence
*sentence alone
The grounds of the appeal are:
[state specifically and concisely and not merely in general terms the grounds
of the application]
Date:
[Signed by Appellant]
*Delete if not applicable.
PARTICULARS
1. Name and address of the appellant:
2. Name and address of the respondent:
3. Offence for which convicted and in relation to which it is sought to
appeal:
4. Convicted at: [place and court]
5. Sentencing Judge:
6. Date of conviction:
7. Sentence:
Form 6–3BA—Notice of appeal and undertaking to proceed
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
187 17-033SR.S1-20/11/2017
8. Date of sentence:
9. Name and address of legal practitioner who represented appellant at trial:
10. Name of counsel (if any) who represented appellant at trial:
11. State whether you wish to—
(a) personally attend the hearing of this proceeding; or
(b) appear by audio visual link at the hearing of this proceeding.
UNDERTAKING TO PROCEED WITH APPEAL
I, [name]
of [address] undertake:
(a) to appear at the Supreme Court at a place and on a day to be fixed
by the Court and to appear for the duration of the appeal; and
(b) to notify the Prothonotary in writing without delay of any change
of address from that appearing in the notice of appeal.
Date:
[Signed by Appellant]
Form 6–3BB—Notice of Supreme Court's decision on appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
188 17-033SR.S1-20/11/2017
Form 6–3BB—Notice of Supreme
Court's decision on appeal
Rule 3B.05(1)
NOTICE OF SUPREME COURT'S DECISION ON APPEAL
TO the Prothonotary at:
TO the Registrar of the Children's Court at:
Regarding an appeal against the order(s) recorded at the Children's Court at
[place] on [date] [specify order(s) the subject of the appeal]
Result of Appeal/Application
The result of the appeal is:
Offence/Type of Order Original
Sentence/Order
Decision on Appeal
The order was made by Justice [name of Judge] on [date].
Associate
Form 6–3BC—Notice of appeal by DPP against sentence imposed by Children's
Court
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
189 17-033SR.S1-20/11/2017
Form 6–3BC—Notice of appeal by
DPP against sentence imposed
by Children's Court
Rule 3B.06
NOTICE OF APPEAL BY DPP AGAINST SENTENCE
IMPOSED BY CHILDREN'S COURT
TO: the Registrar of the Children's Court:
AND TO: the respondent
I, [full name], the DPP wish to appeal under section 427 of the Children,
Youth and Families Act 2005 against a sentence imposed by the Children's
Court in a summary proceeding in the Criminal Division of that Court.
TAKE NOTICE that I apply to the Trial Division of the Supreme Court to
appeal against the sentence imposed on [name of offender] of [address of
offender] on the ground(s) set out below:
The ground(s) of my appeal are: [state the general grounds of the appeal]
I am satisfied that the appeal should be brought in the public interest.
Date:
[Signed by or on
behalf of DPP]
PARTICULARS
1. Name of offender on whom sentence imposed:
2. Offence for which offender convicted and sentenced to which this
appeal relates:
3. Convicted at: [place and court]
4. Trial Judge:
5. Date of conviction:
6. Sentence:
7. Date of sentence:
8. Name and address of legal practitioner who represented offender at trial:
9. Name of counsel (if any) who represented offender at trial:
Form 6–3BD—Notice of appeal by DPP under section 429A of Children, Youth and
Families Act 2005
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
190 17-033SR.S1-20/11/2017
Form 6–3BD—Notice of appeal by DPP
under section 429A of Children, Youth
and Families Act 2005
Rule 3B.07
NOTICE OF APPEAL BY DPP UNDER SECTION 429A
OF CHILDREN, YOUTH AND FAMILIES ACT 2005—
FAILURE TO FULFIL UNDERTAKING
TO: the Registrar of the Children's Court:
AND TO: the respondent
I, [full name], the DPP wish to appeal under section 429A of the Children,
Youth and Families Act 2005 against the sentence imposed by the
Children's Court on [name of offender] of [address].
TAKE NOTICE that I apply to the Supreme Court on the ground(s) set out
below:
The ground(s) of my appeal are that the offender was convicted of an
indictable offence that was heard and determined summarily by the
Children's Court and received a less severe sentence because of an
undertaking given to assist law enforcement authorities after sentence
and that person has failed to fulfil that undertaking.
[state the general grounds of the appeal]
Date:
[Signed by or on
behalf of DPP]
PARTICULARS
1. Name of offender on whom sentence imposed:
2. Offence for which offender convicted and sentenced to which this
appeal relates:
3. Convicted at: [place and court]
4. Sentencing Judge:
5. Date of conviction:
6. Sentence:
7. Date of sentence:
Form 6–3BD—Notice of appeal by DPP under section 429A of Children, Youth and
Families Act 2005
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
191 17-033SR.S1-20/11/2017
8. Name and address of legal practitioner who represented offender at trial:
9. Name of counsel (if any) who represented offender at trial:
Date:
[Signed personally by DPP]
Form 6–3BE—Notice of abandonment of appeal under section 430C of Children,
Youth and Families Act 2005
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
192 17-033SR.S1-20/11/2017
Form 6–3BE—Notice of abandonment of
appeal under section 430C of Children,
Youth and Families Act 2005
Rule 3B.08(1)
NOTICE OF ABANDONMENT OF APPEAL UNDER
SECTION 430C OF THE CHILDREN, YOUTH AND
FAMILIES ACT 2005
IN THE SUPREME COURT OF VICTORIA
AT
TO the Prothonotary:
AND TO the respondent [name] of [address]:
I wish to abandon my appeal against *conviction/*sentence in the Children's
Court at [place] on [date].
I acknowledge that the *conviction/*sentence appealed from will take effect
immediately upon lodging this form.
PARTICULARS
1. Name and address of the appellant:
2. Name and address of the respondent:
3. Offence for which convicted and in relation to which the appeal relates:
4. Convicted at: [place and court]
5. Sentencing Judge:
6. Date of *conviction/*sentence:
7. Sentence:
8. Children's Court reference number:
Date:
[Signed by Appellant]
*Delete if not applicable.
Form 6–3BF—Written notice of abandonment of appeal—
conviction only
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
193 17-033SR.S1-20/11/2017
Form 6–3BF—Written notice
of abandonment of appeal—
conviction only
Rule 3B.08(2)
WRITTEN NOTICE OF ABANDONMENT OF APPEAL—
CONVICTION ONLY—SECTION 430C(3) OF THE
CHILDREN, YOUTH AND FAMILIES ACT 2005
IN THE SUPREME COURT OF VICTORIA
AT
TO the Prothonotary:
AND TO the respondent [name] of [address]
An appeal was lodged against a decision of the Children's Court at [place] on
[date].
I abandon my appeal against conviction. I wish to proceed only with my
appeal against sentence.
PARTICULARS
1. Name and address of the appellant:
2. Name and address of the respondent:
3. Offence for which convicted and in relation to which the appeal relates:
4. Convicted at: [place and court]
5. Sentencing Judge:
6. Date of order:
7. Sentence:
8. Children's Court reference number:
Date:
[Signed by Appellant]
*Delete if not applicable.
Form 6–3BG—Order striking out appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
194 17-033SR.S1-20/11/2017
Form 6–3BG—Order striking out appeal
Rule 3B.09(1)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER OF THE CHILDREN, YOUTH AND FAMILIES
ACT 2005
AND
IN THE MATTER OF AN APPEAL BY [name of appellant]
ORDER STRIKING OUT APPEAL
*JUDGE/*PROTHONOTARY
DATE MADE:
ORIGINATING PROCESS:
ATTENDANCE:
OTHER MATTERS:
The Appellant
*failed to appear at the time listed for the hearing of the appeal
OR
*abandoned the appeal in accordance with section 430C of the Children,
Youth and Families Act 2005.
THE COURT ORDERS THAT the appeal be struck out.
[When a custodial order was imposed in the Children's Court—the Appellant
*has/*has not been returned to custody]
Date:
[Signature of
*Judge of the Court/
*Prothonotary]
*Delete if not applicable.
A copy of this order is to be provided to:
The Children's Court
The respondent or to the respondent's legal practitioner.
Form 6–3BH—Application to set aside order striking our appeal for failure to appear
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
195 17-033SR.S1-20/11/2017
Form 6–3BH—Application to set aside order
striking our appeal for failure to appear
Rule 3B.10
APPLICATION TO SET ASIDE ORDER STRIKING
OUT APPEAL FOR FAILURE TO APPEAR
Appeal No.:
TO The Prothonotary
AND TO the respondent [name] of [address]
An appeal was lodged against a decision of the Children's Court at [place]
on [date]
The Children's Court reference number is:
I APPLY for an order to set aside the order striking out my appeal for my
failure to appear made by the Supreme Court on [insert date of order].
The application is made on the ground that my failure to appear was not due
to fault or neglect on my part.
[Give details of reasons for non-appearance]
Date:
[Signed by Appellant]
Notice of this application must be served on the respondent a reasonable time
before making of the application and in the same way as a notice of appeal—
section 430D(4) and (5) of the Children, Youth and Families Act 2005.
If the Supreme Court grants the application it must order the reinstatement
of the appeal subject to the payment of any costs that the Court thinks fit.
The Court may also require the appellant to give a further undertaking to
prosecute the appeal.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Listing of application:
This application is listed for hearing before the Supreme Court at [place] at
[time] a.m./p.m. on [date].
Date:
Prothonotary
Form 6–3BI—Notification of result of appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
196 17-033SR.S1-20/11/2017
Form 6–3BI—Notification of result of appeal
Rule 3B.12(1)
NOTIFICATION OF RESULT OF APPEAL UNDER
DIVISION 1 OR 2 OF PART 5.4 OF CHAPTER 5 OF THE
CHILDREN, YOUTH AND FAMILIES ACT 2005
In the case of R v. [name of appellant]
TAKE NOTICE that the Trial Division of the Supreme Court has considered
the appeal under *section 424/*section 427 of the Children, Youth and
Families Act 2005 and has decided [complete appropriately].
Date:
[Signed]
Prothonotary
*Delete if not applicable
Form 6–3CA—Notice of appeal by child against finding of unfitness to be tried
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
197 17-033SR.S1-20/11/2017
Form 6–3CA—Notice of appeal by child
against finding of unfitness to be tried
Rule 3C.02
IN THE MATTER of an appeal by [name], a child, under section 38U(1) of
the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY A CHILD AGAINST
FINDING OF UNFITNESS TO BE TRIED
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [name]:
I, [full name of appellant], a child, appeal to the Trial Division of the
Supreme Court under section 38U(1) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 against a finding that I am unfit to
stand trial made by the Children's Court constituted by the *President/
*Chief Magistrate who is a dual commission holder on [date] at [place].
The grounds of the appeal are:
[set out the grounds in numbered paragraphs].
[Signed by or on behalf
of the appellant or by
legal practitioner on
behalf of appellant]
PARTICULARS
1. Name and address of appellant:
2. Address for service of appellant:
3. Name and address of respondent:
4. Alleged offence(s) to which this appeal relates:
5. Name and address of legal practitioner who represented appellant at
proceeding in the Children's Court:
6. Name of counsel (if any) who represented appellant at proceeding in
the Children's Court:
*7. I intend to personally attend the hearing of the appeal.
*7. I intend to appear by audio visual link at the appeal.
Form 6–3CA—Notice of appeal by child against finding of unfitness to be tried
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
198 17-033SR.S1-20/11/2017
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite
exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court
Rules.
The Children's Court must transmit this notice and the accompanying
affidavit and exhibits to the Prothonotary of the Supreme Court.
The appellant must serve a copy of this notice and a copy of the
accompanying affidavit and copies of the exhibits on the respondent
in accordance with section 392 of the Criminal Procedure Act 2009
within 7 days after the day on which this notice is filed.
*Delete if not applicable
Form 6–3CB—Notice of appeal by child against finding of not guilty because of
mental impairment
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
199 17-033SR.S1-20/11/2017
Form 6–3CB—Notice of appeal by child
against finding of not guilty because
of mental impairment
Rule 3C.03
IN THE MATTER of an appeal by [name], a child, under section 38ZE(1) of
the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY CHILD AGAINST FINDING OF
NOT GUILTY BECAUSE OF MENTAL IMPAIRMENT
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [name]:
I, [full name of appellant], a child, appeal to the Trial Division of the
Supreme Court under section 38ZE(1) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 against a finding of the Children's
Court constituted by the *President/*Chief Magistrate who is a dual
commission holder made on [date] at [place] and recorded against me
that I am not guilty of *an alleged offence/*alleged offences because of
mental impairment.
The grounds of the appeal are:
[set out the grounds in numbered paragraphs].
[Signed by or on behalf
of the appellant or by
legal practitioner on
behalf of appellant]
PARTICULARS
1. Name and address of appellant:
2. Address for service of appellant:
3. Name and address of respondent:
4. Alleged offence(s) to which this appeal relates:
5. Name and address of legal practitioner who represented appellant at
proceeding in the Children's Court:
6. Name of counsel (if any) who represented appellant at proceeding in
the Children's Court:
Form 6–3CB—Notice of appeal by child against finding of not guilty because of
mental impairment
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
200 17-033SR.S1-20/11/2017
*7. I intend to personally attend the hearing of the appeal.
*7. I intend to appear by audio visual link at the appeal.
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite
exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court
Rules.
The Children's Court must transmit this notice and the accompanying
affidavit and exhibits to the Prothonotary of the Supreme Court.
The appellant must serve a copy of this notice and a copy of the
accompanying affidavit and copies of the exhibits on the respondent
in accordance with section 392 of the Criminal Procedure Act 2009
within 7 days after the day on which this notice is filed.
*Delete if not applicable
Form 6–3CC—Notice of appeal by DPP against order for unconditional release
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
201 17-033SR.S1-20/11/2017
Form 6–3CC—Notice of appeal by DPP
against order for unconditional release
Rule 3C.04
IN THE MATTER of an appeal by the DPP under section 38ZF(1) of the
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY DPP AGAINST AN ORDER
FOR UNCONDITIONAL RELEASE
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [name of respondent child]:
I, [full name], the Director of Public Prosecutions, appeal to the Trial
Division of the Supreme Court under section 38ZF(1) of the Crimes
(Mental Impairment and Unfitness to be Tried) Act 1997 against an
order for unconditional release made by the Children's Court constituted
by the *President/*Chief Magistrate who is a dual commission holder on
[date] at [place] in relation to the respondent child [name].
I consider that the order for unconditional release should not have been made
and that this appeal should be brought in the public interest.
The grounds of the appeal are:
[set out the grounds in numbered paragraphs].
Date:
[Signed personally by DPP]
PARTICULARS
1. Address for service of appellant:
2. Name and address of respondent child:
3. Alleged offence(s) to which this appeal relates:
4. Name and address of legal practitioner who represented appellant at
proceeding in the Children's Court:
5. Name of counsel (if any) who represented appellant at proceeding in
the Children's Court:
Form 6–3CC—Notice of appeal by DPP against order for unconditional release
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
202 17-033SR.S1-20/11/2017
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite
exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court
Rules.
The Children's Court must transmit this notice and the accompanying
affidavit and exhibits to the Prothonotary of the Supreme Court.
The appellant must serve a copy of this notice and a copy of the
accompanying affidavit and copies of the exhibits on the respondent
in accordance with section 391 of the Criminal Procedure Act 2009
within 7 days after the day on which this notice is filed.
*Delete if not applicable
Form 6–3CD—Notice of appeal by child against supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
203 17-033SR.S1-20/11/2017
Form 6–3CD—Notice of appeal by
child against supervision order
Rule 3C.05
IN THE MATTER of an appeal by [name], a child, under section 38ZJ(1) of
the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY A CHILD AGAINST
SUPERVISION ORDER
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [name]:
I, [full name of appellant], appeal to the Trial Division of the Supreme Court
under section 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to
be Tried) Act 1997 against a supervision order made in relation to me by the
Children's Court constituted by the *President/*Chief Magistrate who is a
dual commission holder on [date] at [place].
The grounds of the appeal are:
[set out the grounds in numbered paragraphs].
[Signed by or on behalf
of the appellant or by
legal practitioner on
behalf of appellant]
PARTICULARS
1. Name and address of appellant:
2. Address for service of appellant:
3. Name and address of respondent:
4. Alleged offence(s) to which this appeal relates:
5. Name and address of legal practitioner who represented appellant at
proceeding in the Children's Court:
6. Name of counsel (if any) who represented appellant at proceeding in
the Children's Court:
*7. I intend to personally attend the hearing of the appeal.
*7. I intend to appear by audio visual link at the appeal.
Form 6–3CD—Notice of appeal by child against supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
204 17-033SR.S1-20/11/2017
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite
exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court
Rules.
The Children's Court must transmit this notice and the accompanying
affidavit and exhibits to the Prothonotary of the Supreme Court.
The appellant must serve a copy of this notice and a copy of the
accompanying affidavit and copies of the exhibits on the respondent
in accordance with section 392 of the Criminal Procedure Act 2009
within 7 days after the day on which this notice is filed.
*Delete if not applicable
Form 6–3CE—Notice of appeal by DPP/Attorney-General/Secretary to Department of
Health and Human Services against supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
205 17-033SR.S1-20/11/2017
Form 6–3CE—Notice of appeal by
DPP/Attorney-General/Secretary to
Department of Health and Human
Services against supervision order
Rule 3C.06
IN THE MATTER of an appeal under section 38ZJ(2) of the Crimes
(Mental Impairment and Unfitness to be Tried) Act 1997
NOTICE OF APPEAL BY *DPP/*ATTORNEY-
GENERAL/*SECRETARY TO THE DEPARTMENT
OF HEALTH AND HUMAN SERVICES
AGAINST SUPERVISION ORDER
TO the Registrar of the Children's Court at:
TO the Prothonotary at:
AND TO the respondent [name of respondent child]:
I, [full name], the *Director of Public Prosecutions/*Attorney-
General/*Secretary to the Department of Health and Human Services
appeal to the Trial Division of the Supreme Court under section 38ZJ(2) of
the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
against a supervision order made by the Children's Court constituted by the
*President/*Chief Magistrate who is a dual commission holder on [date] at
[place] in relation to the respondent child [name].
I consider that a different supervision order should have been made and that
this appeal should be brought in the public interest.
The grounds of the appeal are:
[set out the grounds in numbered paragraphs].
Date:
[Signed personally
by *DPP/*Attorney-
General/*Secretary
to the Department
of Health and
Human Services]
Form 6–3CE—Notice of appeal by DPP/Attorney-General/Secretary to Department of
Health and Human Services against supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
206 17-033SR.S1-20/11/2017
PARTICULARS
1. Address for service of appellant:
2. Name and address of respondent child:
3. Alleged offence(s) to which this appeal relates:
4. Name and address of legal practitioner who represented appellant at
proceeding in the Children's Court:
5. Name of counsel (if any) who represented appellant at proceeding in
the Children's Court:
ACCOMPANYING AFFIDAVIT
Filed with this notice of appeal is an affidavit in support and the requisite
exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court
Rules.
The Children's Court must transmit this notice and the accompanying
affidavit and exhibits to the Prothonotary of the Supreme Court.
The appellant must serve a copy of this notice and a copy of the
accompanying affidavit and copies of the exhibits on the respondent in
accordance with section 391 of the Criminal Procedure Act 2009 within
7 days after the day on which this notice is filed and provide a copy of the
notice and a copy of the accompanying affidavit and copies of the exhibits
to the legal practitioner who last represented the respondent in the proceeding
in the Children's Court when the supervision order was made, if that legal
practitioner can reasonably be identified.
*Delete if not applicable
Form 6–3DA—Notice of appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
207 17-033SR.S1-20/11/2017
Form 6–3DA—Notice of appeal
Rule 3D.03(1)
NOTICE OF APPEAL
MAGISTRATES' COURT CASE No.
SUPREME COURT CASE No.
IN THE MATTER OF
THIS FORM IS FILED ON BEHALF OF:
ADDRESS:
CONTACT DETAILS
[If represented, please complete the legal practitioner details below]
Contact No.:
Email address:
Address for service:
*I have legal representation [complete below]
*I do not have legal representation
Firm: Practitioner's name:
Solicitor Code: Ref.:
TO the Prothonotary of the Supreme Court at: [place]
AND TO the Respondent: [name]
Address for Respondent:
I appeal under section 254 of the Criminal Procedure Act 2009 against a
decision made by the Magistrates' Court constituted by the Chief Magistrate
who is a dual commission holder at [place] on [date].
The details of the offences and Sentence/Order imposed are:
Offence Sentence/Order
I am appealing against:
*Conviction and sentence
*Sentence alone
Form 6–3DA—Notice of appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
208 17-033SR.S1-20/11/2017
STATEMENT REGARDING POWER TO IMPOSE
A MORE SEVERE SENTENCE
I am aware that on my appeal the Supreme Court may impose a more severe
sentence than the one imposed by the Magistrates' Court.
Date:
[Signed by Appellant]
UNDERTAKING TO PROCEED WITH APPEAL
I [name]
of [address] undertake to:
(a) appear at the Supreme Court to proceed with the appeal at a place
and on a day fixed by the Prothonotary of the Supreme Court and
to appear at the Supreme Court for the duration of the appeal.
(b) notify the Prothonotary of the Supreme Court in writing of any
change of address from that appearing in this notice of appeal.
Date:
[Signed by Appellant]
In the presence of:
[Signature of Magistrates' Court Registrar/Prison Officer/Police Officer]
I am aware of all the additional information set out below in this notice of
appeal.
Date:
[Signed by Appellant]
SERVICE OF NOTICE OF APPEAL
A copy of the notice of appeal must be served on the respondent within
7 days after the day on which the notice is filed. The notice must be served:
(a) by giving a copy of the document to—
(i) the informant; or
(ii) a person representing the informant at a hearing in relation to
the charge; or
(b) by sending a copy of the document by prepaid ordinary post addressed
to the informant at the business address nominated by the informant
under section 18 of the Criminal Procedure Act 2009; or
Form 6–3DA—Notice of appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
209 17-033SR.S1-20/11/2017
(c) by sending a copy of the document by fax or email addressed to the
informant at the fax number or email address nominated by the
informant under section 18 of that Act; or
(d) by leaving a copy of the document for the informant at the informant's
business address with a person who appears to work there; or
(e) in any other manner agreed between the informant and the party
serving the document.
ABANDONING AN APPEAL
If you decide to abandon your appeal against both conviction and sentence,
you must file in the Supreme Court a notice of abandonment of appeal in the
form required by the Supreme Court (Criminal Procedure) Rules.
If you decide to abandon your appeal against conviction but pursue your
appeal against sentence alone you must file in the Supreme Court a written
notice of abandonment of appeal in the form required by the Supreme Court
(Criminal Procedure) Rules.
You should contact the office of the Prothonotary of the Supreme Court for
further information.
FAILURE TO APPEAR AT AN APPEAL
If you fail to appear at the appeal hearing the Supreme Court may strike out
your appeal or adjourn the proceedings on any terms the Court thinks
appropriate.
COSTS OF AN APPEAL
If the Supreme Court strikes out or dismisses your appeal, it may order you to
pay all or a specified portion of the respondent's costs if it is satisfied that the
appeal was brought vexatiously or frivolously or in abuse of process.
APPLICATION FOR LEAVE TO APPEAL
If your notice of appeal has been filed more than 28 days after you were
sentenced, your appeal is deemed to be an application for leave to appeal.
The Supreme Court will consider your application prior to an appeal
hearing commencing. If your application is granted, the Supreme Court
may continue to hear your appeal on that day or adjourn the matter to a
future date.
Form 6–3DA—Notice of appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
210 17-033SR.S1-20/11/2017
LEGAL ASSISTANCE
If you wish to make application for legal assistance you must make
application in writing to Victoria Legal Aid (1300 792 387). See also the
website at www.legalaid.vic.gov.au. The staff of the Magistrates' Court or
the staff of the Supreme Court can advise you of the address of the nearest
Victoria Legal Aid office. Such application must be made immediately
because it may take some time to process. You should take all necessary
steps promptly so that, if you are granted legal aid, there will be enough
time for advice to be given to you by your lawyer about the appeal.
*Delete if not applicable
Form 6–3DB—Notice under section 255(6) of Criminal Procedure Act 2009 for
proposed appellant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
211 17-033SR.S1-20/11/2017
Form 6–3DB—Notice under section 255(6)
of Criminal Procedure Act 2009 for
proposed appellant
Rule 3D.03(3)
NOTICE UNDER SECTION 255(6) OF THE CRIMINAL
PROCEDURE ACT 2009 FOR PROPOSED APPELLANT
To the proposed Appellant:
TAKE NOTICE that in relation to your proposed appeal to the Supreme
Court from the decision of the Magistrates' Court constituted by the Chief
Magistrate who is a dual commission holder, the Supreme Court may impose
a sentence which is more severe than the one imposed by the Magistrates'
Court.
Form 6–3DC—Notice of appeal under section 257 of Criminal Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
212 17-033SR.S1-20/11/2017
Form 6–3DC—Notice of appeal
under section 257 of Criminal
Procedure Act 2009
Rule 3D.04(1)
MAGISTRATES' COURT CASE No.
SUPREME COURT CASE No.
NOTICE OF APPEAL UNDER SECTION 257 OF THE
CRIMINAL PROCEDURE ACT 2009 BY DPP AGAINST
SENTENCE IMPOSED BY MAGISTRATES' COURT
CONSTITUTED BY CHIEF MAGISTRATE WHO
IS A DUAL COMMISSION HOLDER
To the Registrar of the Magistrates' Court:
I, [full name], the Director of Public Prosecutions for Victoria ("the DPP"),
being satisfied that the appeal should be brought in the public interest, appeal
under section 257 of the Criminal Procedure Act 2009 against a sentence
imposed by the Magistrates' Court constituted by the Chief Magistrate who
is a dual commission holder on [name of offender] of [address].
The general grounds of appeal are:
[state the general grounds of the appeal]
Date:
[Signed by or on behalf of DPP]
PARTICULARS
1. Name of offender on whom sentence imposed:
2. Offence for which offender convicted and sentenced to which this
appeal relates:
3. Convicted at: [place and court]
4. Chief Magistrate:
5. Date of conviction:
6. Sentence:
7. Date of sentence:
Form 6–3DC—Notice of appeal under section 257 of Criminal Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
213 17-033SR.S1-20/11/2017
8. Name and address of legal practitioner who represented offender at
summary proceeding:
9. Name of counsel (if any) who represented offender at summary
proceeding:
HEARING OF APPEAL
The Prothonotary of the Supreme Court will fix the date and place for the
hearing of this appeal and will, a reasonable time before the hearing, notify
the date and place of the hearing, in writing, to each party and to each legal
practitioner who has given notice that they act on behalf of a party.
Form 6–3DD—Notice of appeal under section 260 of Criminal Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
214 17-033SR.S1-20/11/2017
Form 6–3DD—Notice of appeal
under section 260 of Criminal
Procedure Act 2009
Rule 3D.04(3)
MAGISTRATES' COURT CASE No.
SUPREME COURT CASE No.
NOTICE OF APPEAL UNDER SECTION 260 OF THE
CRIMINAL PROCEDURE ACT 2009 BY DPP AGAINST
SENTENCE IMPOSED BY MAGISTRATES' COURT
CONSTITUTED BY CHIEF MAGISTRATE WHO IS
A DUAL COMMISSION HOLDER
To the Registrar of the Magistrates' Court:
I, [full name], the Director of Public Prosecutions for Victoria ("the DPP"),
appeal under section 260 of the Criminal Procedure Act 2009 against a
sentence imposed by the Magistrate's Court constituted by the Chief
Magistrate who is a dual commission holder on [name of offender] of
[address]. The respondent was convicted of an indictable offence that was
heard and determined summarily by the Magistrates' Court. The sentence
imposed on the respondent was less severe because of an undertaking given
by the respondent to assist, after sentencing, law enforcement authorities in
the investigation or prosecution of an offence. I consider that respondent
has failed, wholly or partly, to fulfil the undertaking.
Date:
[Signed personally by DPP]
PARTICULARS
1. Name of offender on whom sentence imposed:
2. Offence for which offender convicted and sentenced to which this
appeal relates:
3. Convicted at: [place and court]
4. Chief Magistrate:
5. Date of conviction:
6. Sentence:
7. Date of sentence:
Form 6–3DD—Notice of appeal under section 260 of Criminal Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
215 17-033SR.S1-20/11/2017
8. Name and address of legal practitioner who represented offender at
summary proceeding:
9. Name of counsel (if any) who represented offender at summary
proceeding:
HEARING OF APPEAL
The Prothonotary of the Supreme Court will fix the date and place for the
hearing of this appeal and will, a reasonable time before the hearing, notify
the date and place of the hearing, in writing, to each party and to each legal
practitioner who has given notice that they act on behalf of a party.
Form 6–3DE—Notice of abandonment of appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
216 17-033SR.S1-20/11/2017
Form 6–3DE—Notice of
abandonment of appeal
Rule 3D.06
IN THE SUPREME COURT CASE No.
OF VICTORIA
AT
IN THE MATTER OF
NOTICE OF ABANDONMENT OF APPEAL
THIS FORM IS FILED ON BEHALF OF:
ADDRESS:
THIS MATTER IS NEXT LISTED ON: [date] FOR .
CONTACT DETAILS
[If represented, please complete the legal practitioner details below]
Contact No.:
Email address:
Address for service:
*I have legal representation [complete below]
*I do not have legal representation
Firm: Practitioner's name:
Solicitor Code: Ref.:
TO the Prothonotary of the Supreme Court at:
AND TO the Respondent: [name] of [address]
I abandon my appeal against *the conviction and sentence/*the sentence
imposed in the Magistrates' Court constituted by the Chief Magistrate who
is a dual commission holder at [place] on [date].
The Magistrates' Court reference number is
The *conviction and sentence/*sentence/*orders imposed *was/*were
Form 6–3DE—Notice of abandonment of appeal
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
217 17-033SR.S1-20/11/2017
I acknowledge that as a result of filing this form, my appeal will be struck out
and the sentence of the Magistrates' Court will be reinstated and that it may
be enforced immediately.
Date:
[Signed by Appellant]
*Delete if not applicable
Form 6–3DF—Written notice of abandonment of appeal—
conviction only
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
218 17-033SR.S1-20/11/2017
Form 6–3DF—Written notice
of abandonment of appeal—
conviction only
Rule 3D.07
IN THE SUPREME COURT CASE No.
OF VICTORIA
AT
IN THE MATTER OF
WRITTEN NOTICE OF ABANDONMENT OF
APPEAL—CONVICTION ONLY
THIS FORM IS FILED ON BEHALF OF:
ADDRESS:
THIS MATTER IS NEXT LISTED ON: [date] FOR .
CONTACT DETAILS
[If represented, please complete the legal practitioner details below]
Contact No.:
Email address:
Address for service:
*I have legal representation [complete below]
*I do not have legal representation
Firm: Practitioner's name:
Solicitor Code: Ref.:
TO the Prothonotary of the Supreme Court at:
AND TO the Respondent: [name] of [address]
I appealed against the conviction and sentence imposed on me by the
Magistrates' Court constituted by the Chief Magistrate who is a dual
commission holder at [place] on [date].
The Magistrates' Court reference number is
Form 6–3DF—Written notice of abandonment of appeal—
conviction only
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
219 17-033SR.S1-20/11/2017
I abandon my appeal against conviction. I wish to proceed only with my
appeal against sentence.
Date:
[Signed by Appellant]
*Delete if not applicable
Form 6–3DG—Application to set aside order striking out appeal for failure to appear
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
220 17-033SR.S1-20/11/2017
Form 6–3DG—Application to set aside order
striking out appeal for failure to appear
Rule 3D.08(1)
IN THE SUPREME COURT CASE No.
OF VICTORIA
AT
IN THE MATTER OF
APPLICATION TO SET ASIDE ORDER STRIKING
OUT APPEAL FOR FAILURE TO APPEAR
THIS FORM IS FILED ON BEHALF OF:
ADDRESS:
THIS MATTER WAS LISTED ON: [date]
CONTACT DETAILS
[If represented, please complete the legal practitioner details below]
Contact No.:
Email address:
Address for service:
*I have legal representation [complete below]
*I do not have legal representation
*I represent the applicant
Firm: Practitioner's name:
Solicitor Code: Ref.:
TO the Prothonotary of the Supreme Court at:
AND TO the Respondent: [name] of [address]
An appeal was lodged against a decision of the Magistrates' Court constituted
by the Chief Magistrate who is a dual commission holder at [place] on [date].
The Magistrates' Court reference number is
The appellant applies under section 267(3) of the Criminal Procedure
Act 2009 for the setting aside of the order made on [date] striking out the
appeal for the failure of the appellant to appear at the Supreme Court at the
time listed for the hearing of the appeal.
Form 6–3DG—Application to set aside order striking out appeal for failure to appear
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
221 17-033SR.S1-20/11/2017
Reasons for application
The application is made on the grounds that the failure to appear was not due
to fault or neglect on the part of the appellant. The appellant's reasons are:
[give details]
I understand that notice of this application must be served on the respondent
a reasonable time before the hearing of the application and that under
section 392 of the Criminal Procedure Act 2009, the notice must be served:
(a) by giving a copy of the document to—
(i) the informant; or
(ii) a person representing the informant at a hearing in relation to
the charge; or
(b) by sending a copy of the document by prepaid ordinary post addressed
to the informant at the business address nominated by the informant
under section 18 of that Act; or
(c) by sending a copy of the document by fax or email addressed to the
informant at the fax number or email address nominated by the
informant under section 18 of that Act; or
(d) by leaving a copy of the document for the informant at the informant's
business address with a person who appears to work there; or
(e) in any other manner agreed between the informant and the party
serving the document.
I also understand that the filing of this application does not stay the
original sentence.
Date:
[Signature of Applicant/
Applicant's Legal Practitioner]
HEARING OF APPLICATION
The Prothonotary of the Supreme Court will fix the date and place for the
hearing of this application and will, a reasonable time before the hearing,
notify the date and place of the hearing, in writing, to each party and to each
legal practitioner who has given notice that they act on behalf of a party.
*Delete if not applicable
Form 6–3DH—Result of appeal form
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
222 17-033SR.S1-20/11/2017
Form 6–3DH—Result of appeal form
Rule 3D.09(1)
IN THE SUPREME COURT CASE No.
OF VICTORIA
AT
IN THE MATTER OF
APPELLANT RESPONDENT
RESULT OF APPEAL FORM
TO the Prothonotary of the Supreme Court at:
TO the Registrar of the Magistrates' Court at:
Regarding an appeal against
Recorded at the Magistrates' Court constituted by the Chief Magistrate who is
a dual commission holder [place] on [date].
Magistrates' Court reference number
Result of Appeal/Application
The result of the appeal is:
Offence/Type of Order Original
Sentence/Order
Decision on Appeal
The order was made by [*Judge/*Prothonotary] on [date].
[Signature of
*Judge/*Prothonotary]
*Delete if not applicable
Form 6–4A—Notice to accused under section 171 of Criminal Procedure Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
223 17-033SR.S1-20/11/2017
Form 6–4A—Notice to accused
under section 171 of Criminal
Procedure Act 2009
Rule 4.03
IN THE SUPREME COURT OF VICTORIA
AT
The Queen
v.
[name of accused]
NOTICE TO ACCUSED UNDER SECTION 171 OF
THE CRIMINAL PROCEDURE ACT 2009
The Director of Public Prosecutions does not have any notice that you are
represented by a legal practitioner in relation to the charges set out in the
copy of the indictment which accompanies this notice.
You should seek legal representation as soon as possible and you have the
right, if eligible, to legal aid under the Legal Aid Act 1978.
You should take this notice and the indictment to your legal practitioner or
to Victoria Legal Aid without delay.
If you wish to be legally aided in this matter, your legal practitioner or
Victoria Legal Aid will be able to assist in your application for legal aid.
Victoria Legal Aid can be contacted at [insert contact details].
Form 6–4B—Notice that legal practitioner acts
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
224 17-033SR.S1-20/11/2017
Form 6–4B—Notice that legal
practitioner acts
Rules 4.04, 4.05
IN THE SUPREME COURT OF VICTORIA
AT
The Queen
v.
[name of accused]
NOTICE THAT LEGAL PRACTITIONER ACTS
Date of committal for trial: [if any]
Committed for trial on: [charges on which accused committed]
Date of indictment: [if any]
Charges indicated by indictment:
TAKE NOTICE that the legal practitioner (or firm) indicated below acts for
the accused [name(s)] in this matter.
Date:
[Signed]
Name of legal practitioner (or firm):
Address of legal practitioner (or firm):
Telephone number:
Name of person handling matter:
Present address of accused:
NOTES
1. This notice must be sent to the DPP and to the Judicial Registrar-
Criminal Division as soon as possible after a legal practitioner
(other than a barrister) commences to act for an accused.
2. This notice must be filed with the Prothonotary after a copy of an
indictment has been served.
Form 6–4C—Notice that legal practitioner has ceased to act
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
225 17-033SR.S1-20/11/2017
Form 6–4C—Notice that legal
practitioner has ceased to act
Rules 4.04, 4.05
[heading as in Form 6–4B]
NOTICE THAT LEGAL PRACTITIONER
HAS CEASED TO ACT
Date of committal for trial: [if any]
Committed for trial on: [charges on which accused committed]
Date of indictment: [if any]
Charges indicated by indictment:
TAKE NOTICE that the legal practitioner (or firm) indicated below has
ceased to act for the accused [name(s)] in this matter.
Filed:
[Signed]
NOTES
1. This notice must be served on—
the DPP, and
the Judicial Registrar-Criminal Division, and
the former client—
as soon as possible after a legal practitioner (other than a barrister) has
ceased to act for an accused.
2. As soon as possible after ceasing to act for an accused, the legal
practitioner must return—
to the Judicial Registrar-Criminal Division, the copy
depositions in relation to the matter;
to the DPP, all materials provided by the DPP in relation to the
matter.
3. If a Notice under Rule 4.05(1) has been filed with the Prothonotary,
this notice must be filed with the Prothonotary as soon as possible
after a legal practitioner ceases to act for an accused.
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
226 17-033SR.S1-20/11/2017
Note
There is no Form 6–4D
Form 6–4E—Notice of alibi
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
227 17-033SR.S1-20/11/2017
Form 6–4E—Notice of alibi
Rule 4.11
IN THE SUPREME COURT OF VICTORIA
AT
The Queen
v.
[name of accused]
NOTICE OF ALIBI
I, [name and address of accused], give notice of alibi in accordance with
section 190 of the Criminal Procedure Act 2009.
1. Particulars as to time and place of alibi: [insert details]
2. Name and last known address of any witness to the alibi: [insert names
and addresses of witnesses to alibi]
3. *[If name and last address of any witness to the alibi is not known] the
following information might be of material assistance in finding the
witness [insert details].
Date:
[Signature of Accused]
*Delete if not applicable
Form 6–4F—Notice of intention to plead guilty to one or more remaining charges in
indictment
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
228 17-033SR.S1-20/11/2017
Form 6–4F—Notice of intention to
plead guilty to one or more remaining
charges in indictment
Rule 4.13
IN THE SUPREME COURT OF VICTORIA
AT
The Queen
v.
[name of accused]
NOTICE OF INTENTION TO PLEAD GUILTY TO ONE OR
MORE REMAINING CHARGES IN INDICTMENT
I, [name and address of accused], give notice of my intention to plead guilty
to one or more remaining charges in the indictment in accordance with
section 216(1)(b) of the Criminal Procedure Act 2009.
1. Details of indictment: [insert details]
2. I have already pleaded guilty to one or more of the charges in the
indictment.
3. The remaining charges in the indictment to which I intend to plead guilty
are:
[specify each of the remaining charges in the indictment to which you
intend to plead guilty]
Date:
[Signature of Accused]
Form 6–4G—Summons
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
229 17-033SR.S1-20/11/2017
Form 6–4G—Summons
Rule 4.14(1)
IN THE SUPREME COURT OF VICTORIA
AT
INDICTMENT No.:
SUMMONS
To the accused:
Address of accused:
Date of birth of accused:
Male Female
Details of case
A direct indictment has been filed against you in relation to the following
charges:
A copy of the indictment is attached to this summons.
The indictment was filed at the Supreme Court on [date].
Date:
[Signature of DPP/
Crown Prosecutor]
Listing of case
You must attend at the Supreme Court at [place] on [date] at [time] a.m./p.m.
Address of Court:
Court contact number:
Details about this summons
Issued at [place]
On [date]
[Signature of Judge]
Form 6–4H—Warrant to arrest
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
230 17-033SR.S1-20/11/2017
Form 6–4H—Warrant to arrest
Rule 4.14(2)
IN THE SUPREME COURT OF VICTORIA
AT
INDICTMENT No.:
WARRANT TO ARREST
To the accused:
Address of accused:
Date of birth of accused:
Male Female
Details of case
A direct indictment has been filed against you in relation to the following
charges:
A copy of the indictment is attached to this warrant.
The indictment was filed at the Supreme Court on [date].
Date:
[Signature of DPP/
Crown Prosecutor]
Warrant to arrest
To all police officers or [insert name of police officer to whom warrant is
directed or name of any other person authorised by law to execute a warrant
to arrest].
You are authorised to break, enter and search any place where the person
named in this warrant is suspected to be, to arrest that person and bring that
person before the Court as soon as practicable to be dealt with according to
law.
I am satisfied by the evidence before me that a warrant should be issued on
the following grounds:
*it is probable the person will not answer a summons
*the person has absconded or is likely to abscond
*the person is avoiding the service of a summons
*the warrant is *required/*authorised by another Act/*other good cause
Form 6–4H—Warrant to arrest
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
231 17-033SR.S1-20/11/2017
Details about this warrant
Issued at [place]
On [date]
[Signature of Judge]
*Delete if not applicable
Form 6–5A—Application for instalment order and other orders
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
232 17-033SR.S1-20/11/2017
Form 6–5A—Application for instalment
order and other orders
Rule 5.03(1)
IN THE SUPREME COURT OF VICTORIA
AT
A.B.
and
C.D.
APPLICATION FOR *INSTALMENT ORDER
*TIME TO PAY ORDER
*VARIATION OF
INSTALMENT ORDER OR
TIME TO PAY ORDER
*FINE CONVERSION ORDER
1. I, [full name], of [address] [occupation] apply to the
proper officer of the Court at for—
*an order that the fine be paid by instalments.
*an order that time be allowed for payment of the fine.
*an order for the variation of the terms of an instalment order or a time
to pay order.
*an order to perform unpaid community work (a fine conversion order).
2. On I was ordered to pay a fine.
3. The Court ordered that I pay $ in fines and costs.
4. I *was/*was not present when the order was made.
5. The Court ordered that the fines and costs be paid—
*by / /20 .
*by instalments of $ to be paid on the day of each
*week/*fortnight/*month.
*did not make any order about payment.
Form 6–5A—Application for instalment order and other orders
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
233 17-033SR.S1-20/11/2017
6. I have made the following payments under the order—
[set out details of payments made].
7. *I now want to pay the money I owe—
*by [date]
*by instalments of $ on the day of each *week/*fortnight/
*month starting on [date].
[or where application is for a fine conversion order]
*I now apply for a fine conversion order requiring me to perform
unpaid community work as directed by the Secretary (as defined in the
Sentencing Act 1991) instead of paying the fine. I agree to comply with
such an order.
8. At present I receive $ each week after tax has been deducted.
9. My weekly expenses are $ .
10. This leaves me with $ .
Date: [Signed by Applicant]
*Delete if not applicable
Form 6–5B—Notice about procedure for enforcement of fines
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
234 17-033SR.S1-20/11/2017
Form 6–5B—Notice about procedure
for enforcement of fines
Rule 5.07(1)
NOTICE ABOUT THE PROCEDURE FOR
ENFORCEMENT OF FINES
A warrant to arrest has been issued to the Sheriff for non-payment of the
fine(s) imposed against you in the Supreme Court. A summary of the fine(s)
and the total amount still outstanding is attached.
You may obtain further details of the penalties from the Court. To do so, you
must supply the Court reference which is also on the attached summary.
YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS
MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO
OBTAIN:
AN INSTALMENT ORDER; OR
A TIME TO PAY ORDER; OR
A FINE DEFAULT UNPAID COMMUNITY WORK ORDER
UNDER SECTION 69D OF THE SENTENCING ACT 1991
[see below].
Payment must be made to the Prothonotary, [insert address].
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
IF YOU CANNOT PAY
You may apply to the proper officer of the Court for an order that the fine be
paid by instalments, or an order that you be allowed time to pay the fine.
If you do not pay the fine and do not make an application to the proper
officer, you may apply under section 69D of the Sentencing Act 1991 to the
Court for an order requiring you to perform unpaid community work instead
of paying the fine (a fine default unpaid community work order). Under such
an order, you would be required to perform one hour of unpaid work for
each 0·2 penalty units or part of 0·2 penalty units of each fine outstanding.
A minimum of 8 hours work as directed by the Secretary (as defined in the
Sentencing Act 1991) would have to be performed, irrespective of the
amount outstanding, up to a maximum of 500 hours.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Form 6–5B—Notice about procedure for enforcement of fines
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
235 17-033SR.S1-20/11/2017
IF YOU DO NOT PAY OR TAKE ANY ACTION
If you do not take any action, you will be arrested and brought before the
Court. If the Court is satisfied that you have defaulted in payment for more
than 28 days, it may—
* if you consent, make a fine default unpaid community work order
requiring you to perform unpaid community work as directed by the
Secretary for one hour for each 0·2 penalty units or part of 0·2 penalty
units then remaining unpaid with a minimum of 8 and a maximum of
500 hours; or
* order that you be imprisoned for one day for each penalty unit or part of a
penalty unit then remaining unpaid with a maximum of 24 months; or
* order that the amount of the fine then unpaid be levied under a warrant to
seize property; or
* vary any existing order for payment of the fine by instalments; or
* adjourn the hearing or further hearing of the matter for up to 6 months on
any terms that the Court thinks fit; and
* in addition, make any other order it thinks fit against you in relation to
costs.
Form 6–5E—Summons for failure to pay fine
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
236 17-033SR.S1-20/11/2017
Form 6–5E—Summons for failure to pay fine
Rule 5.07(2)
SUMMONS FOR FAILURE TO PAY A FINE
IN THE SUPREME COURT OF VICTORIA
AT
A.B.
and
C.D.
TO Ref. No.
of
Date of birth / /
1. On you were found guilty of an offence and the Court
ordered you to pay the following amount(s):
Act/section
Fine
Statutory
Costs
Costs/Other
amount(s)
Paid
Unpaid
$ $ $ $ $
TOTAL AMOUNT NOW PAYABLE $
2. The Court records show that you have not paid the above amount payable
and a warrant to seize your property to recover that amount has been
returned unsatisfied.
3. YOU ARE DIRECTED TO APPEAR BEFORE THE COURT AT
at a.m./p.m. ON , 20 TO BE
EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE
AMOUNT(S).
Issued at on
Prothonotary
Form 6–5E—Summons for failure to pay fine
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
237 17-033SR.S1-20/11/2017
NOTES
1. If you pay the above amount to the Prothonotary on or before the date
for hearing of this summons, you will not be required to appear at Court.
If you do not pay before the hearing of this summons, the Court may
order you to pay additional costs.
2. Payments may be made personally or posted to the Prothonotary.
You must quote the Court reference at the top of this summons.
3. If you do not pay the amount due or appear at Court as directed by
this summons, a warrant for your arrest may be issued.
Form 6–5F—Notice about procedure for enforcement of fine (bodies corporate)
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
238 17-033SR.S1-20/11/2017
Form 6–5F—Notice about procedure for
enforcement of fine (bodies corporate)
Rule 5.08
NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT
OF A FINE (BODIES CORPORATE)
A warrant to seize property owned by the body corporate has been issued
to satisfy the amount of a fine or instalment under an instalment order
imposed on the body corporate by the Supreme Court, and all lawful costs
of execution. The attached document sets out a summary of the details and
the total amount outstanding. You may obtain further details of the penalty
from the Court. To do so, you must supply the Court reference which is
also on the attached summary.
THE BODY CORPORATE HAS 7 DAYS FROM THE DATE ON WHICH
THIS DEMAND IS MADE TO PAY THE AMOUNT OUTSTANDING
OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER
(see below). Payment must be made to the Prothonotary, [insert address].
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
IF THE BODY CORPORATE CANNOT PAY
It may apply to the proper officer of the Court for an order that the fine be
paid by instalments or for an order that the body corporate be allowed time
to pay the fine.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
IF THE BODY CORPORATE DOES NOT PAY OR TAKE ANY ACTION
If the body corporate does not pay or take any action, the Sheriff is required
to seize and sell property belonging to the body corporate to satisfy the
amount outstanding.
Form 6–5G—Summons—Application under section 28 of Sheriff Act 2009
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
239 17-033SR.S1-20/11/2017
Form 6–5G—Summons—Application under
section 28 of Sheriff Act 2009
Rule 5.09(1)
SUMMONS—APPLICATION UNDER SECTION 28
OF THE SHERIFF ACT 2009
IN THE SUPREME COURT OF VICTORIA
AT
TO:
THE SHERIFF:
And [name and address of third party who paid amount under executed
money warrant to which this application relates]
You are summoned to attend before the Court on the hearing of an
application under section 28 of the Sheriff Act 2009 by [name and address
of applicant] for the reinstatement of an executed money warrant as a money
warrant.
The application relates to the following executed money warrant:
[specify details]
If you are the third party who paid the whole of the amount payable under the
executed money warrant to which this application relates, you may attend but
are not required to attend.
The application will be heard before the Judge in the Practice Court, Supreme
Court, 210 William Street, Melbourne, on [insert date] at [insert time] or so
soon afterwards as the business of the Court allows.
FILED [date].
This summons was filed by [identify applicant or applicant's legal
representative].
Form 6–6A—Application for restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
240 17-033SR.S1-20/11/2017
Form 6–6A—Application for
restraining order
Rules 6.06(1) and 6.08(2)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the *Confiscation Act 1997
and
IN THE MATTER of *an accused, XY [name in full]
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION [INSERT RELEVANT
PROVISION OF SECTION 16 OF CONFISCATION
ACT 1997] FOR RESTRAINING ORDER
TO: the Prothonotary of the Supreme Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under
* section *16(1)/*16(2) of the Confiscation Act 1997 ("the Confiscation
Act") FOR A RESTRAINING ORDER in respect of property in which
the said XY has an interest or which is tainted property within the
meaning of the Confiscation Act.
* section 16(2A) of the Confiscation Act 1997 FOR A SERIOUS DRUG
OFFENCE RESTRAINING ORDER in respect of property where—
* a police officer or a person authorised by or under an Act to
prosecute the relevant type of offence believes that—
(i) within the next 48 hours a person will be charged with a
serious drug offence; and
(ii) that person has an interest in the property.
* a person has been charged with a serious drug offence and that
person has an interest in the property.
* a person has been convicted of a serious drug offence and that
person has an interest in the property.
Form 6–6A—Application for restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
241 17-033SR.S1-20/11/2017
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because—
* XY has been charged with
* within the next 48 hours, XY will be charged with
* XY has been convicted of
* a police officer or an authorised person believes that within the
next 48 hours XY will be charged with
[state offence and, if relevant, details of conviction]
and that offence is—
* a Schedule 1 offence within the meaning of the Confiscation Act
* a Schedule 2 offence within the meaning of the Confiscation Act
* a serious drug offence within the meaning of the Confiscation Act.
2. THE APPLICANT is—
* the Director of Public Prosecutions
* a prescribed person
* a person belonging to a prescribed class of persons, namely
[identify class].
3. THE APPLICATION IS IN RESPECT OF the following property or
interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
5. THE PURPOSE OF THE ORDER SOUGHT is so that the property or
interest in property the subject of the order will be available—
* to satisfy any forfeiture order that may be made under Division 1
of Part 3 of the Confiscation Act
* to satisfy automatic forfeiture of property that may occur under
Division 2 of Part 3 of the Confiscation Act
* to satisfy automatic forfeiture of property that may occur under
Division 4 of Part 3 of the Confiscation Act
Form 6–6A—Application for restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
242 17-033SR.S1-20/11/2017
* to satisfy any pecuniary penalty order that may be made under
Part 8 of the Confiscation Act
* to satisfy any order for restitution or compensation that may be
made under the Sentencing Act 1991.
THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] *at [time]/*after sentence.
[Signed by Prothonotary]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
*Delete if not applicable
Form 6–6AB—Application for civil forfeiture restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
243 17-033SR.S1-20/11/2017
Form 6–6AB—Application for civil
forfeiture restraining order
Rule 6.06(2)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the Confiscation Act 1997
and
IN THE MATTER of property a *police officer/*person authorised by
or under an Act to prosecute the relevant type of
offence suspects on reasonable grounds is tainted
property in relation to a Schedule 2 offence
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 36K FOR CIVIL
FORFEITURE RESTRAINING ORDER
TO: the Prothonotary of the Supreme Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section 36K of the Confiscation Act 1997
("the Confiscation Act") FOR A CIVIL FORFEITURE RESTRAINING
ORDER in respect of property that a police officer or a person authorised
by or under an Act to prosecute the relevant type of offence suspects on
reasonable grounds is tainted property.
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because a
police officer or a person authorised by or under an Act to prosecute
the relevant type of offence suspects on reasonable grounds that the
property in respect of which the application is made is tainted property.
2. THE APPLICANT is—
* the Director of Public Prosecutions
* a prescribed person
Form 6–6AB—Application for civil forfeiture restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
244 17-033SR.S1-20/11/2017
* a person belonging to a prescribed class of persons, namely
[identify class]
3. THE APPLICATION IS IN RESPECT OF the following property or
interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
5. THE PURPOSE OF THE ORDER SOUGHT is so that the property or
interest in property the subject of the order will be available to satisfy
any civil forfeiture order that may be made under Division 2 of Part 4
of the Confiscation Act.
THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] *at [time].
[Signed by Prothonotary]
*Delete if not applicable
Form 6–6AC—Application for unexplained wealth restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
245 17-033SR.S1-20/11/2017
Form 6–6AC—Application for unexplained
wealth restraining order
Rule 6.06(3)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the Confiscation Act 1997
and
IN THE MATTER of property *of a person who a police officer suspects
on reasonable grounds has engaged in serious
criminal activity/*which a police officer suspects
on reasonable grounds was not lawfully acquired
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 40F FOR UNEXPLAINED
WEALTH RESTRAINING ORDER
TO: the Prothonotary of the Supreme Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section *40F(1)/*40F(2) of the Confiscation Act 1997
("the Confiscation Act") FOR AN UNEXPLAINED WEALTH
RESTRAINING ORDER in respect of property.
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because a
police officer suspects on reasonable grounds—
* in accordance with section 40F(1) of the Confiscation Act, that—
(a) a person has engaged in serious criminal activity; and
(b) that person has an interest in the property that is the subject
of the application; and
(c) in the case of property located outside Victoria—that serious
criminal activity occurred within Victoria; and
(d) the total value of the property is $50 000 or more; or
Form 6–6AC—Application for unexplained wealth restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
246 17-033SR.S1-20/11/2017
* in accordance with section 40F(2) of the Confiscation Act, that—
(a) the property was not lawfully acquired; and
(b) either—
(i) the property is located in Victoria; or
(ii) the person who has acquired the property is ordinarily
resident in Victoria.
2. THE APPLICANT is—
* the Director of Public Prosecutions
* an appropriate officer within the meaning of the Confiscation Act
3. THE APPLICATION IS IN RESPECT OF the following property or
interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
5. THE PURPOSE OF THE ORDER SOUGHT is so that the property or
interest in property the subject of the order will be available to satisfy
any forfeiture under Division 2 of Part 4A of the Confiscation Act.
THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time].
[Signed by Prothonotary]
*Delete if not applicable
Form 6–6B—Notice of application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
247 17-033SR.S1-20/11/2017
Form 6–6B—Notice of application
Rule 6.08(3)
[heading as in Form 6–6A]
NOTICE OF APPLICATION MADE UNDER
*SECTION 16/*SECTION 36K/*SECTION 40F
TO: [name and address of person(s) to whom this notice is to be given]
TAKE NOTICE THAT APPLICATION HAS BEEN MADE to the
Supreme Court of Victoria under *section 16 of the Confiscation Act 1997
for a restraining order/*section 36K of the Confiscation Act 1997 for a civil
forfeiture restraining order/*section 40F of the Confiscation Act 1997 for an
unexplained wealth restraining order in respect of certain property or an
interest in certain property belonging to [name in full].
A copy of the application is attached.
THIS NOTICE is given to you as a person who may have an interest in the
property which is the subject of the application. This Notice is given by the
Applicant pursuant to an order of the Supreme Court made in this proceeding
on [date].
THE HEARING of this application will be resumed by the Judge in the
Supreme Court, 210 William Street, Melbourne, on [date] at *at [time]/*after
sentence.
[Signed by Prothonotary]
AS A PERSON TO WHOM THIS NOTICE IS GIVEN—
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence will not prevent the Court from making
the order which is being sought.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the resumed hearing of the application. Evidence in chief is to be by
affidavit, and you must serve on the Applicant a copy of any affidavit(s)
on which you intend to rely.
Date:
[Signed by Applicant]
Form 6–6B—Notice of application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
248 17-033SR.S1-20/11/2017
NOTE: If a restraining order, a civil forfeiture restraining order or
an unexplained wealth restraining order is made under the
Confiscation Act 1997 then in certain events the property
or interest in property in respect of which the order is made
may be taken by the State and any interest you have in that
property may be lost.
*Delete if not applicable
Form 6–6C—Application for exclusion order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
249 17-033SR.S1-20/11/2017
Form 6–6C—Application for exclusion order
Rule 6.09(1)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the Confiscation Act 1997
and
IN THE MATTER of an accused, XY [name in full]
BETWEEN:
AB Applicant
and
CD Respondent
APPLICATION UNDER SECTION *20/*36U/*40R
FOR EXCLUSION ORDER
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name of the person making the application] ("the Applicant") APPLIES
under
*section 20 of the Confiscation Act 1997 ("the Confiscation Act") for an
order under section *21/*22/*22A of the Act excluding from a restraining
order a certain interest or interests in property.
*section 36U of the Confiscation Act for an order under section 36V of the
Act excluding from a civil forfeiture restraining order a certain interest or
interests in property.
*section 40R of the Confiscation Act for an order under section 40S of the
Act excluding from an unexplained wealth restraining order a certain interest
or interests in property.
THE ADDRESS FOR SERVICE of the Applicant is [insert address]
Form 6–6C—Application for exclusion order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
250 17-033SR.S1-20/11/2017
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order sought arises because—
* a restraining order has been made under section 18 of the
Confiscation Act
* a civil forfeiture restraining order has been made under
section 36M of the Confiscation Act in relation to the property
of [name in full]
* an unexplained wealth restraining order has been made under
section 40I of the Confiscation Act in relation to the property of
[name in full]
on the application of [name of applicant for restraining order, civil
forfeiture restraining order or unexplained wealth restraining order,
as the case requires].
2. THE APPLICANT is a person claiming the following interest or
interests in property which is otherwise subject to the *restraining
order/*civil forfeiture restraining order/*unexplained wealth restraining
order: [describe in detail the interest or interests in property in respect
of which exclusion is sought].
3. THE RESPONDENT(S) to this application is/are—
* a person who the Applicant has reason to believe has an interest in
property in respect of which exclusion is sought
* the applicant for the abovementioned *restraining order/*civil
forfeiture restraining order/*unexplained wealth restraining order.
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application].
*5. [In the case of an application under section 20 of the Confiscation Act]
PURSUANT TO section 20(2A) of the Confiscation Act, included with
this application is documentary evidence of a transaction or transactions
relating to the transfer of property alleged by the Applicant to have
occurred that would support the application, namely [list the
documentary evidence included with the application].
THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
Form 6–6C—Application for exclusion order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
251 17-033SR.S1-20/11/2017
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable
Form 6–6D—Application for further orders
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
252 17-033SR.S1-20/11/2017
Form 6–6D—Application for further orders
Rule 6.09(2)
[heading as in Form 6–6C]
APPLICATION UNDER *SECTION 26/
*SECTION 36W/*SECTION 40W
FOR FURTHER ORDERS
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name of the person making the application]
("the Applicant")
APPLIES under *section 26/*section 36W/*section 40W of the
Confiscation Act 1997 FOR THE FOLLOWING FURTHER ORDER(S) in relation to property to which *a restraining order/*a civil forfeiture
restraining order/*an unexplained wealth restraining order relates—
[set out in detail the order(s) sought]
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because—
* application has been made to the Supreme Court of Victoria
for *a restraining order/*a civil forfeiture restraining
order/*an unexplained wealth restraining order in relation
to certain property.
* the Supreme Court of Victoria made *a restraining order/*a civil
forfeiture restraining order/*an unexplained wealth restraining
order on [date] in relation to certain property.
2. THE APPLICANT is: [describe the standing of the Applicant to make
the application, e.g. the applicant for the *restraining order/*civil
forfeiture restraining order/*unexplained wealth restraining order OR
a person who claims an interest in property to which the *restraining
order/*civil forfeiture restraining order/*unexplained wealth restraining
order relates OR the person to whose property the *restraining
order/*civil forfeiture restraining order/*unexplained wealth restraining
order relates OR otherwise as specified in section 26(2), 36W(3)
or 40W(3) of the Confiscation Act 1997]
Form 6–6D—Application for further orders
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
253 17-033SR.S1-20/11/2017
3. THE APPLICATION IS IN RESPECT of the following property or
interest in property—
[describe in detail the property or interest in property to which the
further order(s) sought will relate]
4. THE RESPONDENT(S) to this application is a person/are persons
referred to in section *26(2)(a) to (d)/*36W(3)(a) to (d)/*40W(3)(a)
to (d) of the Confiscation Act 1997 who could have applied for the
Order(s) which is/are sought on this application.
5. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
*THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable.
Form 6–6E—Application for forfeiture order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
254 17-033SR.S1-20/11/2017
Form 6–6E—Application for forfeiture order
Rule 6.09(3)
[heading as in Form 6–6C]
APPLICATION UNDER SECTION 32
FOR FORFEITURE ORDER
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name of the person making the application]
("the Applicant")
APPLIES under section 32(1) of the Confiscation Act 1997
("the Confiscation Act") FOR A FORFEITURE ORDER with respect
to the following property: [describe in detail the property in respect of
which the forfeiture order is sought]
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order sought arises because
(or when) XY has been convicted in the [name] Court on [date] of
the offence of [describe the offence] which is a Schedule 1 offence
within the meaning of the Confiscation Act.
2. THE APPLICANT is—
* the Director of Public Prosecutions
* an appropriate officer within the meaning of the Confiscation Act
3. THE RESPONDENT(S) to this application is/are—
* the person in respect of whose property the order is sought
* a person who the Applicant has reason to believe has an interest in
the property
* a person to whom the Court has required that notice be given
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
5. IF the Respondent has already been convicted of the offence described
above, A TIME LIMIT APPLIES under section 32(2) of the
Confiscation Act and this application will be made—
Form 6–6E—Application for forfeiture order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
255 17-033SR.S1-20/11/2017
* before the end of the relevant period (as defined by the
Confiscation Act) in relation to the conviction
* after the end of the relevant period (as so defined), but the
Applicant will seek the leave of the Court to make this
application out of time
6. HAS ANY PREVIOUS APPLICATION been made under section 32(1)
of the Confiscation Act in relation to the same conviction?
* No such application has been made
* Such an application was made on [date] but that application has
not been finally determined
* Such an application was made on [date] and has been finally
determined, but the Applicant will seek the leave of the Court
to make this further application
*THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable
Form 6–6F—Application for civil forfeiture order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
256 17-033SR.S1-20/11/2017
Form 6–6F—Application for
civil forfeiture order
Rule 6.09(4)
[heading as in Form 6–6C]
APPLICATION UNDER SECTION 37 FOR
CIVIL FORFEITURE ORDER
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name of the person making the application]
("the Applicant")
APPLIES under section 37(1) of the Confiscation Act 1997
("the Confiscation Act") FOR A CIVIL FORFEITURE ORDER with
respect to the following property: [describe in detail the property in respect
of which the forfeiture order is sought]
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because a
civil forfeiture restraining order under section 36M of the Confiscation
Act was made by the [name] Court on [date] in relation to property.
2. THE APPLICANT is—
* the Director of Public Prosecutions
* a person prescribed for the purposes of section 37 of the
Confiscation Act
* a person belonging to a prescribed class of persons, namely:
[identify class]
3. THE RESPONDENT(S) to this application is/are—
* the person in respect of whose property the order is sought
* a person who the Applicant has reason to believe has an interest
in the property
Form 6–6F—Application for civil forfeiture order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
257 17-033SR.S1-20/11/2017
* the applicant for the civil forfeiture restraining order which is in
force
* a person to whom the Court has required that notice be given
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
5. HAS ANY PREVIOUS APPLICATION been made under section 37(1)
of the Confiscation Act in relation to the same Schedule 2 offence?
* No such application has been made
* Such an application was made on [date] but that application has
not been finally determined
* Such an application was made on [date] and has been finally
determined, but the Applicant will seek the leave of the Court
to make this further application
*THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable
Form 6–6FA—Application for section 40B exclusion order or section 40ZD exclusion
order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
258 17-033SR.S1-20/11/2017
Form 6–6FA—Application for section 40B
exclusion order or section 40ZD
exclusion order
Rule 6.09(5)
[heading as in Form 6–6C]
APPLICATION UNDER SECTION *40A/*40ZC OF THE
CONFISCATION ACT 1997 FOR *SECTION 40B EXCLUSION
ORDER/*SECTION 40ZD EXCLUSION ORDER
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name and address of the person making the application]
("the Applicant")
APPLIES under section *40A/*40ZC of the Confiscation Act 1997
("the Confiscation Act") FOR THE EXCLUSION FROM FORFEITURE
of the following interest in property: [describe in detail the interest in
property which it is sought to have excluded from forfeiture]
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because
certain property—
* [in the case of an application under section 40A] has been
forfeited under section 38 of the Confiscation Act.
* [in the case of an application under section 40ZC] has been
forfeited under section 40ZA of the Confiscation Act.
2. THE APPLICANT is—
* [in the case of an application under section 40A] a person who
claims to have had an interest in the property immediately before
it was forfeited.
* [in the case of an application under section 40ZC] a person
who claims to have had an interest in the property immediately
before it was forfeited and who has leave of the Court under
section 40ZC to apply.
Form 6–6FA—Application for section 40B exclusion order or section 40ZD exclusion
order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
259 17-033SR.S1-20/11/2017
3. THE RESPONDENT(S) to this application *is/*are—
* the applicant for the *civil forfeiture order/*unexplained wealth
restraining order.
* a person who the Applicant has reason to believe had an interest in
the property immediately before it was forfeited.
* a person prescribed for the purposes of section 44(1) of the Act.
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
for the exclusion order written notice of the grounds on which the
application is to be contested. The notice is to be in accordance
with Form 6–6LA of Chapter VI of the Rules of the Supreme Court.
This notice is to be given not later than two days before the date shown
above fixed for the hearing of the application. Evidence in chief is to
be by affidavit, and you must serve on the Applicant a copy of any
affidavit(s) on which you intend to rely.
*Delete if not applicable
Form 6–6G—Application for relief for undue hardship
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
260 17-033SR.S1-20/11/2017
Form 6–6G—Application for relief
for undue hardship
Rule 6.09(6)
[heading as in Form 6–6C]
APPLICATION UNDER SECTION *45/*45B
FOR RELIEF FROM UNDUE HARDSHIP
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name and address of the person making the application]
("the Applicant")
APPLIES under section *45/*45B of the Confiscation Act 1997
("the Confiscation Act") FOR THE FOLLOWING ORDERS—
* [in the case of an application under section 45] an order that an amount
of [specify sum] be paid to [name of payee] out of the property forfeited
in order to prevent undue hardship to [name of person for whose benefit
this application is being made] likely to be caused by a forfeiture order
or a civil forfeiture order.
* [in the case of an application under section 45B] an order that an
amount of [specify sum] be paid to [name of payee] out of the forfeited
property in order to prevent undue hardship to [name of person for
whose benefit this application is being made] caused by the unexplained
wealth forfeiture.
* [if the person to benefit is under 18 years of age] such ancillary orders
as will ensure that the amount so paid is properly applied.
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because—
* [in the case of an application under section 45]—
* property has been forfeited under a forfeiture order or a
civil forfeiture order made in respect of XY on [date] on
the application of [name].
* application has been made by [name] for a forfeiture order
or a civil forfeiture order in respect of XY.
Form 6–6G—Application for relief for undue hardship
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
261 17-033SR.S1-20/11/2017
* [in the case of an application under section 45B] unexplained
wealth forfeiture has occurred under section 40ZA.
2. THE APPLICANT *is/*is not a person under the age of 18 years.
3. THE RESPONDENT to this application—
(a) [in the case of an application under section 45] *was/*is
the applicant for the *forfeiture order/*civil forfeiture order
*made/*sought in respect of XY;
(b) [in the case of an application under section 45B] *was/*is
the applicant for the unexplained wealth restraining order
*made/*sought in respect of XY.
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application, including the facts
relied upon to establish that the payment sought is reasonably
necessary to prevent undue hardship to the person for whose benefit
the application is made]
*THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable
Form 6–6GA—Application for relief from automatic forfeiture of property of serious
drug offender
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
262 17-033SR.S1-20/11/2017
Form 6–6GA—Application for relief
from automatic forfeiture of property
of serious drug offender
Rule 6.09(7)
[heading as in Form 6–6C]
APPLICATION UNDER SECTION 45A FOR RELIEF
FROM AUTOMATIC FORFEITURE OF PROPERTY
OF SERIOUS DRUG OFFENDER
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name and address of the person making the application]
("the Applicant")
APPLIES under section 45A of the Confiscation Act 1997
("the Confiscation Act") FOR an order that an amount referred to
in section 45A(4) of the Act [specify amount] be paid to [name of payee,
being a dependant of a serious drug offender] out of the proceeds of the
sale of the forfeited residence for the purpose of securing new
accommodation.
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because the
residence of XY (a serious drug offender) has been forfeited under
section 36GA of the Confiscation Act.
2. THE APPLICANT *is/*is not a person under the age of 18 years and
is a dependant of XY.
3. THE RESPONDENT to this application is *the Minister/*a person
prescribed for the purposes of section 44(1) of the Confiscation Act.
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
*THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
Form 6–6GA—Application for relief from automatic forfeiture of property of serious
drug offender
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
263 17-033SR.S1-20/11/2017
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable
Form 6–6H—Application under Part 6 of Confiscation Act 1997 for exclusion order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
264 17-033SR.S1-20/11/2017
Form 6–6H—Application under Part 6 of
Confiscation Act 1997 for exclusion order
Rule 6.09(8)
[heading as in Form 6–6C]
APPLICATION UNDER PART 6 OF THE CONFISCATION
ACT 1997 FOR EXCLUSION ORDER
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name and address of the person making the application]
("the Applicant")
APPLIES under section *49/*51/*53 of the Confiscation Act 1997
("the Confiscation Act") FOR THE EXCLUSION FROM FORFEITURE
of the following interest in property: [describe in detail the interest in
property which it is sought to have excluded from forfeiture]
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because
certain property—
* has been forfeited, or is sought to be forfeited, under a forfeiture
order
* has been forfeited under section 35 of the Confiscation Act
* has been forfeited under section 36GA of the Confiscation Act.
2. THE APPLICANT is—
*(a) [in the case of an application under section 49] a person
(other than the accused) who claims an interest in the property
or claims to have had an interest in the property immediately
before it was forfeited.
*(b) [in the case of an application under section 51 or 53] a person
(other than the accused) who claims to have had an interest in
the property immediately before it was forfeited.
Form 6–6H—Application under Part 6 of Confiscation Act 1997 for exclusion order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
265 17-033SR.S1-20/11/2017
3. THE RESPONDENT(S) to this application is/are—
* the applicant for the forfeiture order
* [in the case of an application under section 51 or 53] the Director
of Public Prosecutions
* a person who the Applicant has reason to believe has an interest in
the property or had an interest in the property immediately before
it was forfeited
* a person prescribed for the purposes of section 44(1) of the
Confiscation Act.
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable
Form 6–6J—Application for pecuniary penalty order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
266 17-033SR.S1-20/11/2017
Form 6–6J—Application for
pecuniary penalty order
Rule 6.09(9)
[heading as in Form 6–6C]
APPLICATION UNDER SECTION 58 FOR
PECUNIARY PENALTY ORDER
TO: [full name and address of XY]
("the Respondent")
[name of the person making the application]
("the Applicant")
APPLIES FOR A PECUNIARY PENALTY ORDER under section 58 of
the Confiscation Act 1997 ("the Confiscation Act").
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because XY
has been convicted of the offence of [describe the offence] which,
within the meaning of the Confiscation Act, is—
* a Schedule 2 offence
* a Schedule 1 offence other than a Schedule 2 offence
2. THE APPLICANT is the Director of Public Prosecutions.
3. THE RESPONDENT to this application is the person who has been
convicted of the offence described above.
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
*5. THE APPLICANT will seek to have section 68 of the Confiscation Act
applied in the assessment of the value of the benefits derived.
*THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
Form 6–6J—Application for pecuniary penalty order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
267 17-033SR.S1-20/11/2017
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
268 17-033SR.S1-20/11/2017
Note
There is no Form 6–6K.
Form 6–6L—Application under specified section of Confiscation Act 1997
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
269 17-033SR.S1-20/11/2017
Form 6–6L—Application under specified
section of Confiscation Act 1997
Rule 6.09(10)
[heading as in Form 6–6C]
APPLICATION TO BE MADE UNDER SECTION
[INSERT NUMBER] OF THE CONFISCATION ACT 1997
TO: [name and address of the person(s) on whom this application is to be
served]
("the Respondent(s)")
[name of the person making the application]
("the Applicant")
APPLIES under section [number] of the Confiscation Act 1997
("the Confiscation Act") FOR THE FOLLOWING ORDER(S)—
[set out in detail the order(s) sought]
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because
[set out circumstances giving rise to the jurisdiction].
2. THE APPLICANT is [describe the standing of the Applicant to make
the application].
3. *THE APPLICATION IS IN RESPECT OF the following property or
interest in property—[describe the property or interest in detail].
4. THE RESPONDENT(S) to this application is/are—
[identify the respondent(s) and state in what capacity each is named as
respondent(s)].
5. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application].
*THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
Form 6–6L—Application under specified section of Confiscation Act 1997
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
270 17-033SR.S1-20/11/2017
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at [time or occasion].
[Signed by Prothonotary]
NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS
SERVED
1. You are entitled to appear and to give evidence at the hearing of the
application, but your absence on that occasion will not prevent the
Court from making an order.
2. If you propose to contest this application, you must give the Applicant
written notice of the grounds on which the application is to be
contested. The notice is to be in accordance with Form 6–6LA of
Chapter VI of the Rules of the Supreme Court. This notice is to be
given not later than two days before the date shown above fixed for
the hearing of the application. Evidence in chief is to be by affidavit,
and you must serve on the Applicant a copy of any affidavit(s) on
which you intend to rely.
*Delete if not applicable
Form 6–6LA—Notice of contest of application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
271 17-033SR.S1-20/11/2017
Form 6–6LA—Notice of contest
of application
Rule 6.11
[Heading as Form 6–6C]
NOTICE OF CONTEST OF APPLICATION
TO: [full name and address of applicant]
TAKE NOTICE THAT [full name of the person intending to contest the
application] INTENDS TO CONTEST the application in this proceeding.
THE GROUNDS on which this application is to be contested are as
follows—
[set out in detail the grounds on which the application is to be contested]
1.
2.
3.
THE ADDRESS FOR SERVICE of the person intending to contest the
application is: [insert address]
[If the person is legally represented] The name or firm and the business
address within Victoria of the solicitor for [full name of person] is:
Date:
[Signed]
Form 6–6M—Notice of restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
272 17-033SR.S1-20/11/2017
Form 6–6M—Notice of restraining order
Rule 6.13(2)
[heading as in Form 6–6A]
IMPORTANT NOTICE
TO: [name and address of person being served with copy of restraining
order]
Enclosed is a copy of *a restraining order/*a serious drug offence restraining
order/*an unexplained wealth restraining order made by the Supreme Court
of Victoria on [date] in relation to the property of XY.
The restraining order was made under the Confiscation Act 1997. The Act
provides for the automatic forfeiture of property that is the subject of the
restraining order unless an application is made to the Court for an exclusion
order.
[For a restraining order that is not an unexplained wealth restraining order
or a serious drug offence restraining order]
*An application may be made under section 20 of the Act for an exclusion
order under section 22 of the Act. Section 20 provides that the application
must be made within 30 days after the service of this notice. That period
may be extended by a court if the property has not already been forfeited.
[For a serious drug offence restraining order]
*An application may be made under section 20 of the Act for an exclusion
order under section 22A of the Act. Section 20 provides that the application
must be made within 30 days after the service of this notice. That period
may be extended by a court if the property has not already been forfeited.
[For an unexplained wealth restraining order]
*An application may be made under section 40R of the Act for a section 40S
exclusion order. Section 40R provides that the application must be made
within 90 days after service of this notice. That period may be extended by
a court if the property has not already been forfeited.
The Act also provides for applications to be made, in certain circumstances
and within certain limited periods, for exclusion, discharge or other relief in
respect of property after the property has been forfeited or has been made the
subject of an application for forfeiture.
The circumstances in which the Court may make an exclusion order
excluding property (including any interest in property) from the operation
of a restraining order are set out in the Act.
Form 6–6M—Notice of restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
273 17-033SR.S1-20/11/2017
IF YOU WISH TO MAKE AN APPLICATION FOR AN EXCLUSION
ORDER, YOU MUST ACT PROMPTLY. YOU ARE STRONGLY
ADVISED TO SEEK LEGAL ADVICE.
Date:
[Signed]
*Delete if not applicable
Form 6–6N—Notice of discharge of forfeiture
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
274 17-033SR.S1-20/11/2017
Form 6–6N—Notice of discharge of forfeiture
Rule 6.14(1)
IN THE SUPREME COURT OF VICTORIA Proceeding No.
AT
IN THE MATTER OF THE Confiscation Act 1997
and
IN THE MATTER of an accused, XY [name in full]
NOTICE OF DISCHARGE OF FORFEITURE
TO: [name and address of person(s) to whom this notice is to be given]
TAKE NOTICE that—
* a forfeiture order which was made by the Supreme Court of
Victoria on [date] under Division 1 of Part 3 of the Confiscation
Act 1997 has been discharged under section 46 of the Act
* the automatic forfeiture of property under Division 2
or Division 4 of Part 3 of the Confiscation Act 1997 has been
discharged under section 47 of the Act
* a civil forfeiture order made by the Supreme Court of Victoria
on [date] under Part 4 of the Confiscation Act 1997 has been
discharged under section 48 of the Act
* the forfeiture under section 40ZA of the Confiscation Act 1997
of property the subject of an unexplained wealth restraining
order has been discharged under section 48A of the Act
otherwise than by payment in accordance with section 56 or 57 of the Act.
THIS NOTICE is given by—
* [in the case of a forfeiture order or a civil forfeiture order,] the
person on whose application the order was made
* [in the case of automatic forfeiture,] the Director of Public
Prosecutions
THIS NOTICE is given to you as—
* a person who the person giving this notice has reason to believe
may have had an interest in the property immediately before it
was forfeited
Form 6–6N—Notice of discharge of forfeiture
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
275 17-033SR.S1-20/11/2017
* a person to whom notice of the application for the civil forfeiture
order was given under Part 4 of the Act
* a person to whom, or as one within a class of persons to whom,
the [name] Court has required that notice be given
If you claim to have had an interest in the property immediately before
it was forfeited, you may make an application to the Minister under
section 55 of the Act for the return of the property or its value.
Date:
[Signed]
*Delete if not applicable
Form 6–6O—Application for monitoring order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
276 17-033SR.S1-20/11/2017
Form 6–6O—Application for
monitoring order
Rule 6.07
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the Confiscation Act 1997
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 115 OF
THE CONFISCATION ACT 1997 FOR
MONITORING ORDER
TO: the Prothonotary of the Supreme Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section 115 of the Confiscation Act 1997
("the Confiscation Act") FOR A MONITORING ORDER directing a
financial institution to give to [insert details of law enforcement agency]
information in respect of transactions conducted through an account held
by [specify details of account].
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE APPLICANT is—
* a police officer; or
* the Commissioner within the meaning of the Independent
Broad-based Anti-corruption Commission Act 2011.
2. THE APPLICATION IS IN RESPECT OF the following account—
[insert relevant details]
3. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
Form 6–6O—Application for monitoring order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
277 17-033SR.S1-20/11/2017
* THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application.
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] at *at [time]/*after sentence.
[Signed by Prothonotary]
*Delete if not applicable
Form 6–6P—Application under Proceeds of Crime Act 2002 of the Commonwealth
for restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
278 17-033SR.S1-20/11/2017
Form 6–6P—Application under Proceeds
of Crime Act 2002 of the Commonwealth
for restraining order
Rules 6.19(1) and (3)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the Proceeds of Crime Act 2002 of the Commonwealth
and
IN THE MATTER of *an offender or alleged offender, XY [name in full]
*a suspect, CD [name in full]
*the property [insert details]
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION [INSERT RELEVANT
SECTION OF PROCEEDS OF CRIME ACT 2002 OF THE
COMMONWEALTH] FOR RESTRAINING ORDER
TO: the Prothonotary of the Supreme Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section *17/*18/*19/*20 of the Proceeds of Crime Act 2002
of the Commonwealth ("the Commonwealth Act") FOR A RESTRAINING
ORDER in respect of property which may be the subject of a restraining
order under that Act [insert relevant details].
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because—
* XY has been charged with
* it is proposed that XY will be charged with
* XY has been convicted of an indictable offence within the
meaning of the Commonwealth Act
Form 6–6P—Application under Proceeds of Crime Act 2002 of the Commonwealth
for restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
279 17-033SR.S1-20/11/2017
[insert relevant details].
* there are reasonable grounds to suspect that XY has committed a
serious offence within the meaning of the Commonwealth Act
[insert relevant details].
* there are reasonable grounds to suspect that certain property is
the proceeds of:
* a terrorism offence
* another indictable offence
* a foreign indictable offence
* an indictable offence of Commonwealth concern
within the meaning of the Commonwealth Act [insert relevant
details].
* there are reasonable grounds to suspect that the property is an
instrument of a serious offence within the meaning of the
Commonwealth Act [insert relevant details].
* there are reasonable grounds to suspect that XY has committed
*an indictable offence/*a foreign indictable offence and that XY
has derived literary proceeds in relation to the offence [insert
relevant details].
2. THE APPLICANT is
* the Commonwealth Director of Public Prosecutions.
* the Commissioner of the Australian Federal Police.
3. THE APPLICATION IS IN RESPECT OF the following property or
interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
Form 6–6P—Application under Proceeds of Crime Act 2002 of the Commonwealth
for restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
280 17-033SR.S1-20/11/2017
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] *at [time]/*after sentence.
[Signed by Prothonotary]
*Delete if not applicable
Form 6–6Q—Application under Proceeds of Crime Act 2002 of the Commonwealth
for unexplained wealth restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
281 17-033SR.S1-20/11/2017
Form 6–6Q—Application under Proceeds of
Crime Act 2002 of the Commonwealth for
unexplained wealth restraining order
Rule 6.19(2)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the Proceeds of Crime Act 2002 of the Commonwealth
and
IN THE MATTER of the property [insert details]
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 20A OF THE
PROCEEDS OF CRIME ACT 2002 OF THE
COMMONWEALTH FOR AN UNEXPLAINED
WEALTH RESTRAINING ORDER
TO: the Prothonotary of the Supreme Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section 20A of the Proceeds of Crime Act 2002 of the
Commonwealth ("the Commonwealth Act") FOR AN UNEXPLAINED
WEALTH RESTRAINING ORDER in respect of property which may
be the subject of an unexplained wealth restraining order under that Act
[insert relevant details].
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE JURISDICTION to make the order(s) sought arises because:
there are reasonable grounds to suspect that XY's total wealth within the
meaning of the Commonwealth Act exceeds the value of XY's wealth
that was lawfully acquired; and
there are reasonable grounds to suspect *the following/*both of the
following:
Form 6–6Q—Application under Proceeds of Crime Act 2002 of the Commonwealth
for unexplained wealth restraining order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
282 17-033SR.S1-20/11/2017
* that XY has committed an offence against a law of the
Commonwealth, a foreign indictable offence or a State
offence that has a federal aspect within the meaning of
the Commonwealth Act [insert relevant details];
* that the whole or any part of XY's wealth was derived from
an offence against a law of the Commonwealth, a foreign
indictable offence or a State offence that has a federal aspect
within the meaning of the Commonwealth Act [insert relevant
details].
2. THE APPLICANT is:
* the Commonwealth Director of Public Prosecutions.
* the Commissioner of the Australian Federal Police.
3. THE APPLICATION IS IN RESPECT OF the following property or
interest in property—
[describe the property or interest in detail]
4. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application *and served with it [delete if
application is made ex parte].
Date:
[Signed by Applicant]
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] *at [time]/*after sentence.
[Signed by Prothonotary]
*Delete if not applicable
Form 6–6R—Application under Proceeds of Crime Act 2002 of the Commonwealth
for monitoring order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
283 17-033SR.S1-20/11/2017
Form 6–6R—Application under Proceeds
of Crime Act 2002 of the Commonwealth
for monitoring order
Rule 6.20
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the Proceeds of Crime Act 2002 of the Commonwealth
and
IN THE MATTER of an Application by AB [name in full] Applicant
APPLICATION UNDER SECTION 219 OF THE
PROCEEDS OF CRIME ACT 2002 OF THE
COMMONWEALTH FOR MONITORING ORDER
TO: the Prothonotary of the Supreme Court of Victoria
[name of the person making the application]
("the Applicant")
APPLIES under section 219 of the Proceeds of Crime Act 2002 of the
Commonwealth ("the Commonwealth Act") FOR A MONITORING
ORDER directing a financial institution to give to [insert details of
enforcement agency] information in respect of transactions conducted during
a particular period through an account held by [specify details of account].
THE ADDRESS FOR SERVICE of the Applicant is: [insert address]
PARTICULARS OF APPLICATION
1. THE APPLICANT is an authorised officer of an enforcement agency
within the meaning of the Commonwealth Act.
2. THE APPLICATION IS IN RESPECT OF the following
*account/*stored value card [insert relevant details].
3. THE GROUNDS on which this application is made are as follows—
[set out in detail the grounds of the application]
* THE APPLICANT RELIES upon the affidavit(s) made by [name of
deponent(s)] filed in support of this application.
Date:
[Signed by Applicant]
Form 6–6R—Application under Proceeds of Crime Act 2002 of the Commonwealth
for monitoring order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
284 17-033SR.S1-20/11/2017
PARTICULARS OF HEARING
This application will be heard by a Judge in the Supreme Court, 210 William
Street, Melbourne, on [date] *at [time]/*after sentence.
[Signed by Prothonotary]
*Delete if not applicable
Form 6–6S—Notice of contest of application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
285 17-033SR.S1-20/11/2017
Form 6–6S—Notice of contest of application
Rule 6.22
[heading as Form 6–6P]
NOTICE OF CONTEST OF APPLICATION UNDER
PROCEEDS OF CRIME ACT 2002 OF THE
COMMONWEALTH
TO: [full name and address of applicant]
TAKE NOTICE THAT [full name of the person intending to contest the
application] INTENDS TO CONTEST the application in this proceeding.
THE GROUNDS on which this application is to be contested are as
follows—
[set out in detail the grounds on which the application is to be contested]
1.
2.
3.
THE ADDRESS FOR SERVICE of the person intending to contest the
application is: [insert address]
[If the person is legally represented] The name or firm and the business
address within Victoria of the solicitor for [full name of person] is:
Date:
[Signed]
Form 6–7A—Application for warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
286 17-033SR.S1-20/11/2017
Form 6–7A—Application for warrant
Rule 7.03(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for a warrant to use a surveillance
device
APPLICATION FOR WARRANT
I, *[name of law enforcement officer], [rank/position of officer] of
[organisation to which officer belongs] at [name of station/address of
premises at which officer works]/*[name of applicant] being a person
acting on behalf of a law enforcement officer [insert name and rank of
law enforcement officer on whose behalf this application is made and
name of station/address of premises at which the law enforcement
officer works] apply for the issue of a warrant authorising the use of—
*a listening device;
*an optical surveillance device;
*a data surveillance device;
*a tracking device.
THE MAKING OF THIS APPLICATION has been approved by:
*a senior officer of the law enforcement agency for which *the applicant
works/*the law enforcement officer on whose behalf the application is made
works [specify name and rank of senior officer and name of law enforcement
agency]
OR
*an authorised police officer as defined in the Act [specify name and rank of
police officer authorised by the Chief Commissioner under section 3(2) of the
Act].
I *SUSPECT/*BELIEVE that—
(a) the following offence [insert details of offence]
*has been/*is being/*is about to be/*is likely to be committed; and
Form 6–7A—Application for warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
287 17-033SR.S1-20/11/2017
(b) that for the purpose of—
* an investigation into that offence;
* enabling evidence or information to be obtained of the commission
of that offence;
* enabling evidence or information to be obtained of the identity or
location of the offender—
the use of the surveillance device(s) is or will be necessary.
*THIS APPLICATION is made in reliance upon the acts, facts, matters
and circumstances set out and deposed to in the affidavit of [insert name
of deponent] made on [date of affidavit] in support of this application.
OR
*I BELIEVE THAT the immediate use of the surveillance device(s) is
necessary for a purpose referred to in paragraph (b). It was impracticable
for an affidavit to be prepared or sworn before this application was made for
the following reasons: [insert reasons]. I undertake to send an affidavit to
the Judge constituting the Court not later than the day following the making
of this application, whether or not a warrant has been issued.
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–7B—Application for retrieval warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
288 17-033SR.S1-20/11/2017
Form 6–7B—Application for
retrieval warrant
Rule 7.03(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for a retrieval warrant
APPLICATION FOR RETRIEVAL WARRANT
I, *[name of law enforcement officer], [rank/position of officer] of
[organisation to which officer belongs] at [name of station/address of
premises at which officer works]/*[name of applicant] being a person
acting on behalf of a law enforcement officer [insert name and rank of
law enforcement officer on whose behalf this application is made and
name of station/address of premises at which the law enforcement
officer works]—
*SUSPECTING/*BELIEVING that a surveillance device, namely a
[describe type of surveillance device], that was lawfully installed on
premises at [insert address or other description of premises] or in or
on an object [insert description and location of object], is still *on those
premises/*in or on that object,
APPLY under section 20C of the Surveillance Devices Act 1999 for the
issue of a warrant authorising the retrieval of the device.
THE MAKING OF THIS APPLICATION has been approved by:
*a senior officer of the law enforcement agency for which *the applicant
works/*the law enforcement officer on whose behalf the application is made
works [specify name and rank of senior officer and name of law enforcement
agency]
OR
*an authorised police officer as defined in the Act [specify name and rank of
police officer authorised by the Chief Commissioner under section 3(2) of the
Act].
Form 6–7B—Application for retrieval warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
289 17-033SR.S1-20/11/2017
THIS APPLICATION is made in reliance upon the acts, facts, matters and
circumstances set out and deposed to in the affidavit of [insert name of
deponent] made on [date of affidavit] in support of this application.
OR
*I believe that the immediate retrieval of the surveillance device(s) is
necessary. It was impracticable for an affidavit to be prepared or sworn
before this application was made for the following reasons: [insert reasons].
I undertake to send an affidavit to the Judge constituting the Court not later
than the day following the making of this application, whether or not a
warrant has been issued.
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–7C—Application for assistance order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
290 17-033SR.S1-20/11/2017
Form 6–7C—Application for
assistance order
Rule 7.03(3)
IN THE SUPREME COURT OF VICTORIA
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for an assistance order.
APPLICATION FOR ASSISTANCE ORDER
I, [name of law enforcement officer], [rank/position of officer] of
[organisation to which officer belongs] at [name of station/address of
premises at which officer works]
*HAVING APPLIED for/*INTENDING TO APPLY for a warrant under
Division 1 of Part 4 of the Surveillance Devices Act 1999 ("the Act")
AND BELIEVING that it is necessary to obtain the assistance of another
person for the effective execution of the warrant
HEREBY APPLY under section 21 of the Act for an Order directing
[insert name and address of person against whom the order is sought]
to assist in the execution of [describe or otherwise identify the warrant in
respect of which the order is sought]
by [insert details of the kind of assistance that the person is to give] in the
following manner: [insert details of the manner in which the assistance is to
be given].
*IT IS PROPOSED that the Order should be subject to the following
conditions [describe conditions, if any].
THE MAKING OF THIS APPLICATION has been approved by:
*a senior officer of the law enforcement agency for which *the applicant
works/*the law enforcement officer on whose behalf the application is made
works [specify name and rank of senior officer and name of law enforcement
agency]
OR
*an authorised police officer as defined in the Act [specify name and rank of
police officer authorised by the Chief Commissioner under section 3(2) of the
Act].
Form 6–7C—Application for assistance order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
291 17-033SR.S1-20/11/2017
THIS APPLICATION is made in reliance upon the acts, facts, matters and
circumstances set out and deposed to in the affidavit of [insert name of
deponent] made on [date of affidavit] in support of this application.
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–7D—Surveillance device warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
292 17-033SR.S1-20/11/2017
Form 6–7D—Surveillance device warrant
Rule 7.05
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Surveillance Devices Act 1999
And
IN THE MATTER of an application for a warrant to use a surveillance
device
SURVEILLANCE DEVICE WARRANT
THIS SURVEILLANCE DEVICE WARRANT is issued under the
Surveillance Devices Act 1999 ("the Act") by Justice [insert name of
Judge], a Judge of the Supreme Court of Victoria, upon the application
dated [insert date] of *[name of law enforcement officer making the
application for the warrant], [rank/position of officer], of [organisation
to which officer belongs] at [name of station/address of premises at which
officer works]/*[name of applicant] being a person acting on behalf of a
law enforcement officer ("the applicant").
*THE APPLICATION was supported by the following affidavit or affidavits
setting out the grounds on which the warrant was sought: [insert name of
deponent and date of the affidavit or each affidavit relied upon].
THE JUDGE IS SATISFIED OF THE MATTERS REFERRED TO IN
SECTION 17(1) OF THE ACT AND IN PARTICULAR—
(a) that there are reasonable grounds for the applicant's suspecting or
believing—
(i) that the offence specified below *has been/*is being/*is about to
be/*is likely to be committed; and
(ii) that the use of the surveillance device(s) specified below is or
will be necessary for the purpose of an investigation into that
offence or of enabling evidence or information to be obtained
of the commission of that offence or of the identity or location
of the offender(s); and
*(b) (in the case of an unsworn application as defined in the Act) that it
would have been impracticable for an affidavit to have been made
before the application was made; and
Form 6–7D—Surveillance device warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
293 17-033SR.S1-20/11/2017
*(c) (in the case of a remote application as defined in the Act) that it would
have been impracticable for the applicant to have applied in person for
the warrant.
IN DETERMINING WHETHER the warrant should be issued the Judge has
had regard to the several matters referred to in section 17(2) of the Act.
MATTERS SPECIFIED FOR THE PURPOSES OF
SECTIONS 18 AND 19 OF THE ACT
NAME OF APPLICANT
[insert name of applicant]
ALLEGED OFFENCE
The alleged offence in respect of which this warrant is issued is
[specify alleged offence].
DATE OF WARRANT
[insert date]
KIND OF SURVEILLANCE DEVICE
This warrant authorises the use of the following kinds of surveillance
device:
*a data surveillance device;
*a listening device;
*an optical surveillance device;
*a tracking device.
*PREMISES
This warrant authorises the use of the specified surveillance device(s) on
particular premises, namely:
[insert details of premises]
*OBJECT(S)
This warrant authorises the use of the specified surveillance device(s) in or
on a particular object or class of object, namely:
[insert details of object(s)]
*PERSONS
This warrant authorises the use of the specified surveillance device(s) in
respect of the conversations, activities or geographical location of a particular
person or persons, as follows:
[insert name of person or persons, if known]
Form 6–7D—Surveillance device warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
294 17-033SR.S1-20/11/2017
*CONCEALMENT
This warrant authorises the doing of anything reasonably necessary to
conceal the fact that anything has been done in relation to the installation,
maintenance or retrieval of a surveillance device or enhancement equipment
under the warrant.
PERIOD OF WARRANT
The period for which this warrant is in force begins on [insert date (and time,
if applicable)] and ends on [insert date (and time, if applicable)], both
inclusive.
OFFICER PRIMARILY RESPONSIBLE FOR EXECUTION OF
WARRANT
The name of the law enforcement officer primarily responsible for executing
this warrant is [insert the name of law enforcement officer].
*CONDITIONS OF WARRANT
This warrant is subject to the following conditions: [insert any conditions
subject to which premises may be entered, or a surveillance device may be
used, under the warrant].
TIME FOR REPORT
The *applicant or the *law enforcement officer primarily responsible for
executing this warrant must report under section 30K of the Act to the Judge
who issued this warrant on or before [insert date and time].
[Signature of Judge]
[Name of Judge]
*Delete if not applicable
Form 6–7E—Retrieval warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
295 17-033SR.S1-20/11/2017
Form 6–7E—Retrieval warrant
Rule 7.06
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for a retrieval warrant
RETRIEVAL WARRANT
THIS RETRIEVAL WARRANT is issued under the Surveillance Devices
Act 1999 ("the Act") by Justice [insert name of Judge] a Judge of the
Supreme Court of Victoria, upon the application dated [insert date] of
*[name of law enforcement officer making the application for the warrant],
[rank/position of officer], of [organisation to which officer belongs] at
[name of station/address of premises at which officer works]/*[name of
applicant] being a person acting on behalf of a law enforcement officer
("the applicant").
*THE APPLICATION was supported by the following affidavit or affidavits
setting out the grounds on which the warrant was sought: [insert name of
deponent and date of each affidavit relied upon by the applicant]
THE JUDGE IS SATISFIED OF THE MATTERS REFERRED TO IN
SECTION 20E(1) OF THE ACT AND IN PARTICULAR—
(a) that there are reasonable grounds for the applicant's suspecting or
believing that a surveillance device that was lawfully installed on
premises, or in or on an object, under a surveillance device warrant
is still on those premises or in or on that object or on other premises
or in or an another object; and
*(b) (in the case of an unsworn application as defined in the Act) that it
would have been impracticable for an affidavit to have been made
before the application was made; and
*(c) (in the case of a remote application as defined in the Act) that it would
have been impracticable for the applicant to have applied in person for
the warrant.
IN DETERMINING WHETHER this warrant should be issued, the Judge has
had regard to the several matters referred to in section 20E(2) of the Act.
Form 6–7E—Retrieval warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
296 17-033SR.S1-20/11/2017
MATTERS SPECIFIED FOR THE PURPOSES OF
SECTIONS 20F AND 20G OF THE ACT
NAME OF APPLICANT
[insert name of applicant]
DATE OF WARRANT
[insert date]
KIND OF SURVEILLANCE DEVICE AUTHORISED TO BE
RETRIEVED
This warrant authorises the retrieval of the following kinds of surveillance
device that were lawfully *installed on premises/*in or on an object or class
of object under a warrant:
*a data surveillance device;
*a listening device;
*an optical surveillance device;
*a tracking device.
*If this warrant authorises the retrieval of a tracking device, the warrant also
authorises the use of a tracking device and any enhancement equipment in
relation to the device solely for the purposes of the location and retrieval of
the device or equipment.
*PREMISES
This warrant authorises the retrieval of the specified surveillance device(s)
from particular premises, namely:
[insert details of premises]
*OBJECT(S)
This warrant authorises the retrieval of the specified surveillance device(s)
from a particular object or class of object, namely:
[insert details of object(s)]
THIS WARRANT ALSO AUTHORISES—
1. the entry, by force if necessary, onto the premises where the
surveillance device is reasonably believed to be, or other premises
adjoining or providing access to those premises, for the purpose of
retrieving the device and equipment; and
2. the breaking open of any thing for the purpose of the retrieval of the
device and equipment; and
Form 6–7E—Retrieval warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
297 17-033SR.S1-20/11/2017
3. if the device or equipment is installed on or in an object, the
temporary removal of the object from any place where it is
situated for the purpose of the retrieval of the device and
equipment and the return of the object to that place; and
4. the provision of assistance or technical expertise to the law
enforcement officer primarily responsible for executing the
warrant in the retrieval of the device or equipment.
*CONCEALMENT
This warrant authorises the doing of anything reasonably necessary to
conceal the fact that anything has been done in relation to the retrieval
of a surveillance device or enhancement equipment under the warrant.
PERIOD OF WARRANT (NOT EXCEEDING 90 DAYS)
The period for which this warrant is in force begins on [insert date (and time
if applicable)] and ends on [insert date (and time if applicable)], both
inclusive.
OFFICER PRIMARILY RESPONSIBLE FOR EXECUTION OF
WARRANT
The law enforcement officer primarily responsible for executing this warrant
is [insert the name of law enforcement officer primarily responsible for
executing this warrant].
*CONDITIONS OF WARRANT
This warrant is subject to the following conditions: [insert any conditions
subject to which the premises may be entered or devices may be retrieved
under the warrant].
TIME FOR REPORT
The *applicant or the *law enforcement officer primarily responsible for
executing this warrant person must report under section 30K of the Act to
the Judge who issued this warrant on or before [insert date and time].
[Signature of Judge]
[Name of Judge]
*Delete if not applicable
Form 6–7F—Assistance order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
298 17-033SR.S1-20/11/2017
Form 6–7F—Assistance order
Rule 7.07(1)
IN THE SUPREME COURT OF VICTORIA
IN THE MATTER of the Surveillance Devices Act 1999
and
IN THE MATTER of an application for an assistance order
ASSISTANCE ORDER
THE COURT ORDERS THAT:
1. [insert name and address of person(s)] assist in the execution of
[describe or otherwise identify warrant] by [insert details of the kind
of assistance that the person must give] in the following manner:
[insert details of the manner in which the assistance must be given].
*2. The following conditions apply: [insert any conditions subject to
which the order is made]
INFORMATION FOR PERSON(S) DIRECTED TO ASSIST
This order has effect only during the period in which the warrant described
above is in force. The warrant is in force from [date (and time, if applicable)
warrant starts/started] to [date (and time, if applicable) warrant is to end].
Sections 23 and 24 of the Surveillance Devices Act 1999 provide as follows:
[insert copy of sections 23 and 24 of the Surveillance Devices Act 1999]
Date:
[Signature of Judge]
*Delete if not applicable
Form 6–7G—Endorsement of assistance order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
299 17-033SR.S1-20/11/2017
Form 6–7G—Endorsement
of assistance order
Rule 7.07(3)
ENDORSEMENT OF ASSISTANCE ORDER
On [insert date] in the Supreme Court of Victoria, the Honourable
[insert name of Judge] made an assistance order under section 22 of
the Surveillance Devices Act 1999.
The order was that [set out paragraph 1 of the order]. *The following
conditions applied [set out paragraph 2 of the order].
*Delete if not applicable
Form 6–9A—Application
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
300 17-033SR.S1-20/11/2017
Form 6–9A—Application
Rule 9.03
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of the Witness Protection Act 1991
and
IN THE MATTER of an application for an order under section 6 of the Act.
APPLICATION
I, [name ], being the Chief Commissioner of Police for Victoria
APPLY, pursuant to section 6 of the Witness Protection Act 1991, for an
order authorizing [name of police officer], [rank of police officer] of Police
of [name of station or address of premises at which police officer works] to
make a new entry in the register of births or register of marriages maintained
under Part 7 of the Births, Deaths and Marriages Registration Act 1996 in
respect of [name of participant or name of participant and specified members
of the family of the participant].
Date:
[Signed]
Form 6–10A—Notice of application under section 42L of Evidence (Miscellaneous
Provisions) Act 1958
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
301 17-033SR.S1-20/11/2017
Form 6–10A—Notice of application under
section 42L of Evidence (Miscellaneous
Provisions) Act 1958
Rule 10.03
NOTICE OF APPLICATION UNDER SECTION 42L OF THE
EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
IN THE SUPREME COURT OF VICTORIA
AT
The Queen
v.
[name of accused]
PARTICULARS OF APPLICATION
TAKE NOTICE that the applicant, [name of applicant], intends to apply to
the Court for a direction that the accused appear, or be brought, physically
before it.
Type of hearing—[insert details].
Date of hearing—[insert details].
The grounds on which this application are made are—[set out grounds].
Date:
[Signature]
Form 6–10B—Notice of application for audio visual link appearance
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
302 17-033SR.S1-20/11/2017
Form 6–10B—Notice of application for
audio visual link appearance
Rules 10.04, 10.05
and 10.06
NOTICE OF APPLICATION FOR AUDIO VISUAL LINK
APPEARANCE UNDER SECTION 42M, 42N OR 42P OF THE
EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
IN THE SUPREME COURT OF VICTORIA
AT
The Queen
v.
[name of accused]
PART 1—PARTICULARS OF APPLICATION
TAKE NOTICE that the applicant, [name of applicant], intends to apply to
the Court for a direction that the accused appear before it by audio visual
link.
1. Type of hearing [insert details].
2. Date of hearing [insert details].
3. The grounds on which this application is made are—[set out
grounds].
4. Is this application being made with the consent of the parties to
the proceeding?
5. If the answer to question 4 is No, what parties have not given
consent?
6. If the accused is in custody, do facilities exist for an audio visual
link?
Date:
[Signature]
Form 6–10B—Notice of application for audio visual link appearance
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
303 17-033SR.S1-20/11/2017
PART 2—PARTICULARS OF HEARING
[to be completed by the Prothonotary]
The application will be heard before the Judge in the Practice Court, Supreme
Court, William Street, Melbourne, on [date] at [time] or so soon afterwards
as the business of the Court allows.
FILED:
Form 6–11A—Application for covert search warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
304 17-033SR.S1-20/11/2017
Form 6–11A—Application for covert
search warrant
Rule 11.03
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of Part 2 of the Terrorism (Community Protection)
Act 2003
and
IN THE MATTER of an application for a covert search warrant.
APPLICATION FOR COVERT SEARCH WARRANT
I, [name], [rank/position], police officer of [name of station or address of
premises at which police officer works] with the approval of *the Chief
Commissioner/*a Deputy Commissioner *an Assistant Commissioner apply
under Part 2 of the Terrorism (Community Protection) Act 2003 for the
issue of a covert search warrant in respect of premises at: [insert address or
location of any premises sought to be entered and searched].
I *suspect/*believe on reasonable grounds that—
(a) a terrorist act has been, is being, or is likely to be, committed; and
(b) the entry and search of the premises would substantially assist in
preventing or responding to that terrorist act or suspected terrorist act;
and
(c) it is necessary for that entry and search to be conducted without the
knowledge of any occupier of the premises.
THIS APPLICATION is made on the following grounds [insert grounds]
*I RELY upon the acts, facts, matters and circumstances set out in the
affidavit of [insert name of deponent] made on [date of affidavit] in support
of this application.
OR
*THIS APPLICATION is made in urgent circumstances and I consider it
necessary to apply for the immediate issue of a covert search warrant by
telephone. I rely upon the unsworn affidavit of [name] that was transmitted
to the Court by facsimile on [date].
[Signed by Applicant]
*Delete if not applicable
Form 6–11B—Covert search warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
305 17-033SR.S1-20/11/2017
Form 6–11B—Covert search warrant
Rule 11.05
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER of Part 2 of the Terrorism (Community Protection)
Act 2003
and
IN THE MATTER of an application for a covert search warrant
COVERT SEARCH WARRANT
THIS WARRANT is issued under Part 2 of the Terrorism (Community
Protection) Act 2003 ("the Act") by the Supreme Court of Victoria upon
the application of [name of police officer making the application for the
warrant], ("the applicant") [rank/position of police officer], at [name of
station/address of premises at which police officer works].
THIS WARRANT relates to premises at [insert address or location of any
premises sought to be entered and searched] ("the premises") and to premises
at [insert address] which adjoin or provide access to the premises.
*THE APPLICATION was supported by the following affidavit or affidavits
setting out the grounds on which the warrant was sought: [insert name of
deponent and date of each affidavit relied upon by the applicant] and
THE COURT WAS SATISFIED that there were reasonable grounds for
the suspicion or belief founding the application for the warrant.
THIS WARRANT is issued for the purpose of assisting in the prevention
of, or response to the following terrorist act or suspected terrorist act
[insert description].
THIS WARRANT is in force for [insert a number not to exceed 30] days
from the date of issue and authorises the applicant [and, if relevant, name
of or a description of any other person] to enter the premises *once
only/*[insert number] times.
*The names of the occupiers of the premises are *known as [insert names]/
*not known.
*The following is the name or description of the kind of thing to be searched
for, seized, copied, photographed, recorded, operated, printed, tested or
sampled [set out name or description etc.].
*THIS WARRANT is subject to the following conditions [set out
conditions].
Form 6–11B—Covert search warrant
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
306 17-033SR.S1-20/11/2017
THIS WARRANT AUTHORISES the applicant, together with [name of or a
description of any other person] and with any necessary equipment to enter,
by force or impersonation if necessary—
(a) the premises at [insert address];
*(b) and the premises at [address] adjoining or providing access to those
premises—
for the following purposes—
*(i) to search the premises for [name or description of kind of thing];
*(ii) to seize [name or description of kind of thing];
*(iii) to place any thing of that kind on the premises in substitution for a
thing seized under paragraph (ii);
*(iv) to copy, photograph or otherwise record a [description of kind of
thing];
*(v) to operate any electronic equipment that is on the premises and copy,
print or otherwise record information from that equipment;
*(vi) to test, or take and keep a sample of [description of kind of thing].
Date of issue:
[Signature of Judge]
*Delete if not applicable.
Form 6–12A—Application for supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
307 17-033SR.S1-20/11/2017
Form 6–12A—Application for
supervision order
Rule 12.03(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders (Detention and
Supervision) Act 2009
and
IN THE MATTER of an application under section 7 of that Act for a
supervision order.
BETWEEN
The Secretary to the Department of
Justice and Regulation
Applicant
and
C.D. Respondent
APPLICATION FOR SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under
section 7 of the Serious Sex Offenders (Detention and Supervision)
Act 2009 ("the Act") for a supervision order in respect of C.D. [name of
offender] who is an eligible offender within the meaning of the Act.
THIS APPLICATION is made upon the grounds that C.D. poses an
unacceptable risk of committing a relevant offence if a supervision order is
not made and C.D. is in the community.
THE PARTICULARS of the relevant offence as defined in the Act in respect
of which a custodial sentence as defined in the Act was imposed on C.D. are:
[insert particulars].
THE PARTICULARS of the custodial sentence as defined in the Act which
was imposed on C.D. and which the offender *is currently/*was serving are:
[insert particulars].
*C.D. is currently remanded in custody, or is serving a custodial sentence, in
a prison in respect of an offence and:
*is subject to a supervision order, a detention order or an interim order; or
Form 6–12A—Application for supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
308 17-033SR.S1-20/11/2017
*was subject to a supervision order or a detention order or an interim order
at the time that C.D. was remanded or commenced serving a sentence of
imprisonment for the offence; or
*was an eligible offender who was the subject of an application for a
supervision order or a detention order at the time C.D. was remanded
or commenced serving a sentence of imprisonment for the offence.
*C.D. is currently subject to a detention order or an interim order:
[insert details]
THE GROUNDS on which it is contended that C.D. poses an unacceptable
risk of committing a relevant offence if a supervision order is not made and
C.D. is in the community are: [specify grounds]
THE PERIOD sought for the duration of the supervision order is:
[insert period, not exceeding 15 years]
*THE CONDITIONS sought in respect of the supervision order, in addition
to the core conditions set out in section 16 of the Act, are: [insert proposed
conditions in accordance with Division 3 of Part 2 of the Act]
THE FOLLOWING are attached:
*assessment report [identify report]
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
*certificate of available resources
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*Delete if not applicable
Form 6–12B—Application for renewal of supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
309 17-033SR.S1-20/11/2017
Form 6–12B—Application for renewal
of supervision order
Rule 12.03(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders (Detention and
Supervision) Act 2009
and
IN THE MATTER of an application under section 28 of that Act for renewal
of a supervision order.
BETWEEN
The Secretary to the
Department of Justice and Regulation
Applicant
and
C.D. Respondent
APPLICATION FOR RENEWAL OF SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under
section 28 of the Serious Sex Offenders (Detention and Supervision)
Act 2009 ("the Act") for the renewal of the supervision order in respect
of C.D. [name of offender] who is an eligible offender within the meaning
of the Act.
THIS APPLICATION is made upon the grounds that C.D. poses an
unacceptable risk of committing a relevant offence if a renewed supervision
order is not made and C.D. is in the community.
THE PARTICULARS of the relevant offence as defined in the Act in respect
of which a custodial sentence as defined in the Act was imposed on C.D. are:
[insert particulars].
THE PARTICULARS of the custodial sentence as defined in the Act which
was imposed on C.D. and which the offender *is currently/*was serving are:
[insert particulars].
C.D. is currently subject to a supervision order and that order is still in force:
[insert details]
Form 6–12B—Application for renewal of supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
310 17-033SR.S1-20/11/2017
THE GROUNDS on which it is contended that C.D. poses an unacceptable
risk of committing a relevant offence if a renewed supervision order is not
made and C.D. is in the community are: [specify grounds]
THE PERIOD sought for the duration of the renewed supervision order is:
[insert period, not exceeding 15 years]
*THE CONDITIONS sought in respect of the renewed supervision order,
in addition to the core conditions set out in section 16 of the Act, are:
[insert proposed conditions in accordance with Division 3 of Part 2 of
the Act]
THE FOLLOWING are attached:
*assessment report [identify report]
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
*certificate of available resources
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*Delete if not applicable
Form 6–12C—Supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
311 17-033SR.S1-20/11/2017
Form 6–12C—Supervision order
Rule 12.04
[heading as in Form 6–12A]
SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT IS SATISFIED that the eligible offender C.D.
[name of offender] poses an unacceptable risk of committing
a relevant offence as defined in the Serious Sex Offenders
(Detention and Supervision) Act 2009 ("the Act") if a
supervision order is not made and C.D. is in the community.
THE COURT ORDERS THAT:
1. C.D. [name of offender] be subject to a supervision order under the
Serious Sex Offenders (Detention and Supervision) Act 2009.
2. THIS ORDER commences on: [insert details in accordance with
section 11 of the Act]
3. THE PERIOD for which this order remains in force is: [insert period,
not exceeding 15 years]
4. THE LATEST DATE by which the first review of this order under
Part 5 of the Act must be undertaken is: [insert period, being not later
than 3 years after order is first made]
5. THE INTERVAL(S) between subsequent reviews of this order
*is/*are: [insert period, being no more than intervals of 3 years]
6. CORE CONDITIONS:
Form 6–12C—Supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
312 17-033SR.S1-20/11/2017
Pursuant to section 16 of the Act, the core conditions of this order are that,
during the period of the order, C.D. must—
1. not commit a relevant offence in Victoria or elsewhere;
2. attend at any place as directed by the Adult Parole Board for the
purpose of administering the conditions of the order;
3. attend at any place directed by the Adult Parole Board for the
purpose of making assessments required by the Court, the
Secretary to the Department of Justice and Regulation or the
Director of Public Prosecutions for the purposes of the Act
(including a personal examination by a medical expert for the
purpose of providing the Court with a report to assist it to
determine the need for, or form of, any of the conditions of the
order);
4. report to, and receive visits from, the Secretary to the Department
of Justice and Regulation or any person nominated by the
Secretary to the Department of Justice and Regulation for the
purposes of section 16(2)(d) of the Act;
5. notify the Adult Parole Board of any change of employment or
new employment (whether paid or unpaid) at least 2 clear days
before the date of commencing the new or changed employment;
6. not leave Victoria except with the permission of the Adult Parole
Board granted either generally or in relation to the particular case;
7. if the Court requires C.D. to reside at a residential facility, obey
all reasonable instructions given by a supervision officer that are
necessary to ensure the good order of the residential facility or the
safety and welfare of offenders or staff or visitors to the facility;
8. comply with any directions given by the Adult Parole Board under
the emergency power in section 120 of the Act.
7. ADDITIONAL CONDITIONS UNDER SECTION 17 OF THE ACT:
[insert any additional conditions]
8. OTHER ADDITIONAL CONDITIONS UNDER DIVISION 3 OF
PART 2 OF THE ACT: [insert any additional conditions]
[Signature of Judge]
[Name of Judge]
*Delete if not applicable
Form 6–12D—Application for detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
313 17-033SR.S1-20/11/2017
Form 6–12D—Application for
detention order
Rule 12.05(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders (Detention and
Supervision) Act 2009
and
IN THE MATTER of an application under section 33 of that Act for a
detention order.
BETWEEN
The Director of Public Prosecutions
Applicant
and
C.D. Respondent
APPLICATION FOR DETENTION ORDER
The Director of Public Prosecutions applies under section 33 of the Serious
Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a
detention order in respect of C.D. [name of offender] who is an eligible
offender within the meaning of the Act.
THIS APPLICATION is made upon the grounds that C.D. poses an
unacceptable risk of committing a relevant offence if a detention order
is not made and C.D. is in the community.
THE PARTICULARS of the relevant offence as defined in the Act in respect
of which a custodial sentence as defined in the Act was imposed on C.D. are:
[insert particulars].
THE PARTICULARS of the custodial sentence as defined in the Act which
was imposed on C.D. and which the offender *is currently/*was serving are:
[insert particulars].
*C.D. is currently remanded in custody, or is serving a custodial sentence, in
a prison in respect of an offence and
*was subject to a supervision order or a detention order or an interim order at
the time that C.D. was remanded or commenced serving a sentence of
imprisonment for the offence; or
Form 6–12D—Application for detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
314 17-033SR.S1-20/11/2017
*was an eligible offender who was the subject of an application for a
supervision order or a detention order at the time C.D. was remanded or
commenced serving a sentence of imprisonment for the offence.
*C.D. is currently subject to a supervision order or an interim order.
[insert details]
THE GROUNDS on which it is contended that C.D. poses an unacceptable
risk of committing a relevant offence if a detention order is not made and
C.D. is in the community are: [specify grounds]
THE PERIOD sought for the duration of the detention order is:
[insert period, not exceeding 3 years]
THE FOLLOWING REPORTS are attached:
*assessment report [identify report]
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
Date:
[Signed]
for and on behalf of
the Director of Public
Prosecutions
*Delete if not applicable
Form 6–12E—Application for renewal of detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
315 17-033SR.S1-20/11/2017
Form 6–12E—Application for renewal
of detention order
Rule 12.05(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders (Detention and
Supervision) Act 2009
and
IN THE MATTER of an application under section 45 of that Act for renewal
of a detention order.
BETWEEN
The Director of Public Prosecutions
Applicant
and
C.D. Respondent
APPLICATION FOR RENEWAL OF DETENTION ORDER
The Director of Public Prosecutions applies under section 45 of the Serious
Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for
renewal of the detention order in respect of C.D. [name of offender] who
is an eligible offender within the meaning of the Act.
THIS APPLICATION is made upon the grounds that C.D. poses an
unacceptable risk of committing a relevant offence if a renewed detention
order is not made and C.D. is in the community.
THE PARTICULARS of the relevant offence as defined in the Act in respect
of which a custodial sentence as defined in the Act was imposed on C.D. are:
[insert particulars].
THE PARTICULARS of the custodial sentence as defined in the Act which
was imposed on C.D. and which the offender *is currently/*was serving are:
[insert particulars].
*C.D. is currently remanded in custody, or is serving a custodial sentence, in
a prison in respect of an offence.
C.D. is currently subject to a detention order and that order is still in force:
[insert details]
Form 6–12E—Application for renewal of detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
316 17-033SR.S1-20/11/2017
THE GROUNDS on which it is contended that C.D. poses an unacceptable
risk of committing a relevant offence if a renewed detention order is not
made and C.D. is in the community are: [specify grounds]
THE PERIOD sought for the duration of the renewed detention order is:
[insert period, not exceeding 3 years]
THE FOLLOWING REPORTS are attached:
*assessment report [identify report]
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
Date:
[Signed]
for and on behalf of
the Director of Public
Prosecutions
*Delete if not applicable
Form 6–12F—Detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
317 17-033SR.S1-20/11/2017
Form 6–12F—Detention order
Rule 12.06
[heading as in Form 6–12D]
DETENTION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT IS SATISFIED that the eligible offender C.D.[name
of offender] poses an unacceptable risk of committing a relevant
offence as defined in the Serious Sex Offenders (Detention and
Supervision) Act 2009 ("the Act") if a detention order is not made
and C.D. is in the community.
THE EFFECT OF THIS ORDER is that, in accordance with
section 42 of the Act, C.D. is committed to detention in a prison
for the period specified in this order.
THE COURT ORDERS THAT:
1. C.D. [name of offender] be subject to a detention order under the
Serious Sex Offenders (Detention and Supervision) Act 2009.
2. THIS ORDER commences on: [insert details in accordance with
section 39 of the Act]
3. THE PERIOD of this order is: [insert period, not exceeding 3 years]
4. THE LATEST DATE by which the first review of this order under
Part 5 of the Act must be undertaken is: [insert period, being not later
than 3 years after order is first made]
5. THE INTERVAL(S) between subsequent reviews of this order
*is/*are: [insert period, being no more than intervals of 3 years]
[Signature of Judge]
[Name of Judge]
*Delete if not applicable
Form 6–12G—Application for interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
318 17-033SR.S1-20/11/2017
Form 6–12G—Application for
interim supervision order
Rule 12.07(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders (Detention and
Supervision) Act 2009
and
IN THE MATTER of an application under section 50 of that Act for an
interim supervision order.
BETWEEN
The Secretary to the
Department of Justice and Regulation
Applicant
and
C.D. Respondent
APPLICATION FOR INTERIM SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under
section 50 of the Serious Sex Offenders (Detention and Supervision)
Act 2009 ("the Act") for an interim supervision order in respect of C.D.
[name of offender] who is an eligible offender within the meaning of the
Act.
C.D. is the subject of:
*an application under section 7 of the Act for a supervision order; or
*an application under section 28 of the Act for renewal of a supervision
order.
THIS APPLICATION is made upon the following grounds: [specify grounds
of application]
*an application for a supervision order has been made but C.D. *is no longer
serving a custodial sentence as required by section 4 of the Act or *will no
longer be serving that sentence when that application is determined;
*an application for renewal of a supervision order has been made but the
supervision order *has expired or *will have expired before that application
can be determined.
Form 6–12G—Application for interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
319 17-033SR.S1-20/11/2017
The making of a supervision order would be justified on the following
grounds: [specify]
It is in the public interest to make an interim supervision order, having regard
to—
the following reasons why the application for the supervision order or
renewal was not, or will not be, determined before the expiry of the sentence
referred to in section 4 of the Act or the expiry of the supervision order
(as the case requires): [specify reasons]
[specify any other relevant matters]
THE PERIOD sought for the duration of the interim supervision order is:
[insert period in accordance with section 57 of the Act]
*THE CONDITIONS sought in respect of the interim supervision order, in
addition to the core conditions set out in section 16 of the Act, are: [insert
proposed conditions in accordance with Division 3 of Part 2 of the Act]
THE FOLLOWING are attached:
*assessment report [identify report]
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
*certificate of available resources
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*Delete if not applicable
Form 6–12H—Application for extension of interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
320 17-033SR.S1-20/11/2017
Form 6–12H—Application for extension
of interim supervision order
Rule 12.07(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders (Detention and
Supervision) Act 2009
and
IN THE MATTER of an application under section 63(1) of that Act for
extension of an interim supervision order.
BETWEEN
The Secretary to the
Department of Justice and Regulation
Applicant
and
C.D. Respondent
APPLICATION FOR EXTENSION OF INTERIM
SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under
section 63(1) of the Serious Sex Offenders (Detention and Supervision)
Act 2009 ("the Act") for the extension of an interim supervision order in
respect of C.D. [name of offender] who is an eligible offender within the
meaning of the Act.
C.D. is currently subject to an interim supervision order and that order is still
in force: [insert details]
C.D. has not ceased to be an eligible offender. The relevant conviction of
C.D. has not been set aside on appeal and C.D.'s sentence in respect of the
offence has not been altered so that the offender would not have been an
eligible offender had the amended sentence been the original sentence.
THIS APPLICATION is made upon the following grounds: [specify grounds
of application]
*an application for a supervision order has been made but C.D. *is no longer
serving a custodial sentence as required by section 4 of the Act or *will no
longer be serving that sentence when that application is determined;
Form 6–12H—Application for extension of interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
321 17-033SR.S1-20/11/2017
*an application for renewal of a supervision order has been made but the
supervision order *has expired or *will have expired before that application
can be determined.
The making of a supervision order would be justified on the following
grounds: [specify]
It is in the public interest to extend the interim supervision order, having
regard to—
the following reasons why the application for the supervision order or
renewal was not, or will not be, determined before the expiry of the sentence
referred to in section 4 of the Act or the expiry of the supervision order
(as the case requires): [specify reasons]
[specify any other relevant matters]
THE PERIOD sought for the duration of the extended interim supervision
order is: [insert period in accordance with section 63(7) of the Act]
*THE CONDITIONS sought in respect of the extended interim supervision
order, in addition to the core conditions set out in section 16 of the Act, are:
[insert proposed conditions in accordance with Division 3 of Part 2 of the
Act]
THE FOLLOWING REPORTS are attached:
*assessment report [identify report]
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
*certificate of available resources
Date:
[Signed]
for and on behalf
of the Secretary to the
Department of Justice
and Regulation
*Delete if not applicable
Form 6–12I—Application for interim detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
322 17-033SR.S1-20/11/2017
Form 6–12I—Application for interim
detention order
Rule 12.08(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders (Detention and
Supervision) Act 2009
and
IN THE MATTER of an application under section 51 of that Act for an
interim detention order.
BETWEEN
The Director of Public Prosecutions
Applicant
and
C.D. Respondent
APPLICATION FOR INTERIM DETENTION ORDER
The Director of Public Prosecutions applies under section 51 of the Serious
Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for an
interim detention order in respect of C.D. [name of offender] who is an
eligible offender within the meaning of the Act.
C.D. is the subject of:
*an application under section 33 of the Act for a detention order; or
*an application under section 45 of the Act for renewal of a detention order.
THIS APPLICATION is made upon the following grounds: [specify grounds
of application]
*an application for a detention order has been made but the offender *is no
longer serving a custodial sentence as required by section 4 of the Act or
*will no longer be serving that sentence when that application is determined;
*an application for renewal of a detention order has been made but the
detention order *has expired or *will have expired before that application can
be determined.
The making of a detention order would be justified on the following grounds:
[specify]
Form 6–12I—Application for interim detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
323 17-033SR.S1-20/11/2017
It is in the public interest to make an interim detention order, having regard
to—
the following reasons why the application for the detention order or renewal
was not, or will not be, determined before the expiry of the sentence referred
to in section 4 of the Act or the expiry of the detention order (as the case
requires): [specify reasons]
[specify any other relevant matters]
THE PERIOD sought for the duration of the interim detention order is:
[insert period in accordance with section 57 of the Act]
THE FOLLOWING REPORTS are attached:
*assessment report [identify report]
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
Date:
[Signed]
for and on behalf of
the Director of Public
Prosecutions
*Delete if not applicable
Form 6–12J—Application for extension of interim detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
324 17-033SR.S1-20/11/2017
Form 6–12J—Application for extension
of interim detention order
Rule 12.08(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Serious Sex Offenders (Detention and
Supervision) Act 2009
and
IN THE MATTER of an application under section 63(2) of that Act for
extension of an interim detention order.
BETWEEN
The Director of Public Prosecutions
Applicant
and
C.D. Respondent
APPLICATION FOR EXTENSION OF INTERIM
DETENTION ORDER
The Director of Public Prosecutions applies under section 63(2) of the
Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act")
for the extension of the interim detention order in respect of C.D. [name of
offender] who is an eligible offender within the meaning of the Act.
C.D. is currently subject to an interim detention order and that order is still in
force: [insert details]
C.D. has not ceased to be an eligible offender. The relevant conviction of
C.D. has not been set aside on appeal and C.D.'s sentence in respect of the
offence has not been altered so that the offender would not have been an
eligible offender had the amended sentence been the original sentence.
THIS APPLICATION is made upon the following grounds: [specify grounds
of application]
*an application for a detention order has been made but the offender *is no
longer serving a custodial sentence as required by section 4 of the Act or
*will no longer be serving that sentence when that application is determined;
*an application for renewal of a detention order has been made but the
detention order *has expired or *will have expired before that application
can be determined.
Form 6–12J—Application for extension of interim detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
325 17-033SR.S1-20/11/2017
The making of a detention order would be justified on the following grounds:
[specify]
It is in the public interest to extend the interim detention order, having regard
to—
the following reasons why the application for the detention order or renewal
was not, or will not be, determined before the expiry of the sentence referred
to in section 4 of the Act or the expiry of the detention order (as the case
requires): [specify reasons]
[specify any other relevant matters]
THE PERIOD sought for the duration of the extension of the interim
detention order is: [insert period in accordance with section 63(7) of the Act]
THE FOLLOWING REPORTS are attached:
*assessment report [identify report]
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
Date:
[Signed]
for and on behalf of
the Director of Public
Prosecutions
*Delete if not applicable
Form 6–12K—Interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
326 17-033SR.S1-20/11/2017
Form 6–12K—Interim supervision order
Rule 12.09(1)
[heading as in Form 6–12A]
INTERIM SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT IS SATISFIED that the making of this interim
supervision order is justified and in the public interest.
THE COURT ORDERS THAT:
1. C.D. [name of offender] be subject to an interim supervision order
under the Serious Sex Offenders (Detention and Supervision)
Act 2009 ("the Act").
2. THIS ORDER commences on: [insert details in accordance with
section 56 of the Act]
3. THE PERIOD of this order is: [insert period, in accordance with
section 57 of the Act]
4. CORE CONDITIONS:
Pursuant to section 16 of the Act, the core conditions of this order are that,
during the period of the order, C.D. must—
1. not commit a relevant offence in Victoria or elsewhere;
2. attend at any place as directed by the Adult Parole Board for the
purpose of administering the conditions of the order;
3. attend at any place directed by the Adult Parole Board for the
purpose of making assessments required by the Court, the
Secretary to the Department of Justice and Regulation or the
Director of Public Prosecutions for the purposes of the Act
(including a personal examination by a medical expert for the
purpose of providing the Court with a report to assist it to
Form 6–12K—Interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
327 17-033SR.S1-20/11/2017
determine the need for, or form of, any of the conditions of the
order);
4. report to, and receive visits from, the Secretary to the Department
of Justice and Regulation or any person nominated by the
Secretary to the Department of Justice and Regulation for the
purposes of section 16(2)(d) of the Act;
5. notify the Adult Parole Board of any change of employment or
new employment (whether paid or unpaid) at least 2 clear days
before the date of commencing the new or changed employment;
6. not leave Victoria except with the permission of the Adult Parole
Board granted either generally or in relation to the particular case;
7. if the Court requires C.D. to reside at a residential facility, obey
all reasonable instructions given by a supervision officer that are
necessary to ensure the good order of the residential facility or the
safety and welfare of offenders or staff or visitors to the facility;
8. comply with any directions given by the Adult Parole Board under
the emergency power in section 120 of the Act.
5. ADDITIONAL CONDITIONS UNDER SECTION 17 OF THE ACT:
[insert any additional conditions]
6. OTHER ADDITIONAL CONDITIONS UNDER DIVISION 3 OF
PART 2 OF THE ACT: [insert any additional conditions]
[Signature of Judge]
[Name of Judge]
Form 6–12L—Order extending interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
328 17-033SR.S1-20/11/2017
Form 6–12L—Order extending interim
supervision order
Rule 12.09(2)
[heading as in Form 6–12A]
ORDER EXTENDING INTERIM SUPERVISION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT IS SATISFIED that the making of this order extending
the interim supervision order is justified and in the public interest.
THE COURT ORDERS THAT:
1. The interim supervision order under the Serious Sex Offenders
(Detention and Supervision) Act 2009 ("the Act") made on
[insert date of interim supervision order] to which C.D. [name of
offender] is subject be extended.
2. THE PERIOD for which the interim supervision order is extended
is: [insert period, in accordance with section 63(7) of the Act]
[Signature of Judge]
[Name of Judge]
Form 6–12M—Interim detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
329 17-033SR.S1-20/11/2017
Form 6–12M—Interim detention order
Rule 12.09(3)
[heading as in Form 6–12D]
INTERIM DETENTION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT IS SATISFIED that the making of this interim
detention order is justified and in the public interest.
THE EFFECT OF THIS ORDER is that, in accordance with
section 42 of the Serious Sex Offenders (Detention and
Supervision) Act 2009 ("the Act"), C.D. is committed to
detention in a prison for the period specified in this order.
THE COURT ORDERS THAT:
1. C.D. [name of offender] be subject to an interim detention order under
the Serious Sex Offenders (Detention and Supervision) Act 2009.
2. THIS ORDER commences on: [insert details in accordance with
section 56 of the Act]
3. THE PERIOD of this order is: [insert period in accordance with
section 57 of the Act]
[Signature of Judge]
[Name of Judge]
Form 6–12N—Order extending interim detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
330 17-033SR.S1-20/11/2017
Form 6–12N—Order extending
interim detention order
Rule 12.09(4)
[heading as in Form 6–12D]
ORDER EXTENDING INTERIM DETENTION ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or legal practitioner]
OTHER MATTERS:
THE COURT IS SATISFIED that the making of this order extending
the interim detention order is justified and in the public interest.
THE COURT ORDERS THAT:
1. The interim detention order under the Serious Sex Offenders
(Detention and Supervision) Act 2009 ("the Act") made on
[insert date of interim detention order] to which C.D. [name of
offender] is subject be extended.
2. THE PERIOD for which the interim detention order is extended
is: [insert period, in accordance with section 63(7) of the Act]
[Signature of Judge]
[Name of Judge]
Form 6–12O—Application by Secretary for review of supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
331 17-033SR.S1-20/11/2017
Form 6–12O—Application by Secretary
for review of supervision order
Rule 12.10(1)
[heading as in Form 6–12A]
APPLICATION BY SECRETARY FOR REVIEW
OF SUPERVISION ORDER
The Secretary to the Department of Justice and Regulation applies under
section 65(1) of the Serious Sex Offenders (Detention and Supervision)
Act 2009 ("the Act") for a review of the supervision order made by the
Court on [insert date of order].
THE GROUNDS on which this application is made are: [specify grounds]
THE ORDERS sought are: [specify orders sought]
*that the supervision order remain in operation
*that the supervision order be revoked
*that the supervision order be revoked and replaced with a *different
supervision order/*a detention order
*that if the supervision order is revoked and replaced with a different
supervision order, the conditions sought in respect of that supervision
order, in addition to the core conditions set out in section 16 of the Act,
are: [insert proposed conditions in accordance with Division 3 of Part 2
of the Act]
THE FOLLOWING REPORTS are attached:
progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–12P—Application by DPP for review of detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
332 17-033SR.S1-20/11/2017
Form 6–12P—Application by DPP for
review of detention order
Rule 12.10(2)
[heading as in Form 6–12D]
APPLICATION BY DPP FOR REVIEW
OF DETENTION ORDER
The Director of Public Prosecutions applies under section 66 of the Serious
Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a
review of the detention order made by the Court on [insert date of order].
THE GROUNDS on which this application is made are: [specify grounds]
THE ORDERS sought are: [specify orders sought]
*that the detention order remain in operation
*that the detention order be revoked
*that the detention order be revoked and replaced with a supervision order
*if the detention order is revoked and replaced with a supervision order, the
conditions sought in respect of that supervision order, in addition to the core
conditions set out in section 16 of the Act, are: [insert proposed conditions in
accordance with Division 3 of Part 2 of the Act]
THE FOLLOWING REPORTS are attached:
progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–12Q—Application for leave to apply for review of supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
333 17-033SR.S1-20/11/2017
Form 6–12Q—Application for leave to apply
for review of supervision order
Rule 12.11(1)
[heading as in Form 6–12A]
APPLICATION FOR LEAVE TO APPLY FOR
REVIEW OF SUPERVISION ORDER
*The Secretary to the Department of Justice and Regulation applies under
section 68(1) of the Serious Sex Offenders (Detention and Supervision)
Act 2009 ("the Act") for leave of the Court to apply for a review of the
supervision order made by the Court on [insert date of order] and, if leave
be granted, review of that supervision order. This application is made *on the
Secretary's own initiative/*on the recommendation of the Adult Parole Board.
*The Director of Public Prosecutions applies under section 68(1) of the Act
for leave of the Court to apply for a review of the supervision order made
by the Court [insert date of order] and, if leave be granted, review of that
supervision order.
*I, C.D. apply under section 68(1) of the Act for leave of the Court to apply
for a review of the supervision order made by the Court [insert date and
relevant details of order] and, if leave be granted, review of that supervision
order.
THE GROUNDS on which this application is made are: [specify grounds]
THE ORDERS sought are: [specify orders sought]
that leave be granted for review of the supervision order
AND, if leave is granted:
*that the supervision order remain in operation
*that the supervision order be revoked
*that the supervision order be revoked and replaced with a *different
supervision order/*a detention order
Form 6–12Q—Application for leave to apply for review of supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
334 17-033SR.S1-20/11/2017
*that if the supervision order is revoked and replaced with a different
supervision order, the conditions sought in respect of that supervision
order, in addition to the core conditions set out in section 16 of the Act,
are: [insert proposed conditions in accordance with Division 3 of Part 2
of the Act]
THE FOLLOWING REPORTS are attached:
progress report [identify report]
*assessment report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–12R—Application for leave to apply for review of detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
335 17-033SR.S1-20/11/2017
Form 6–12R—Application for leave to
apply for review of detention order
Rule 12.11(2)
[heading as in Form 6–12D]
APPLICATION FOR LEAVE TO APPLY FOR
REVIEW OF DETENTION ORDER
*The Director of Public Prosecutions applies under section 68(2) of the
Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act")
for leave of the Court to apply for a review of the detention order made by
the Court on [insert date of order] and, if leave be granted, review of that
detention order.
*I, C.D. apply under section 68(2) of the Act for leave of the Court to apply
for a review of the detention order made by the Court [insert date and
relevant details of order] and, if leave be granted, review of that detention
order.
THE GROUNDS on which this application is made are: [specify grounds]
THE ORDERS sought are: [specify orders sought]
that leave be granted for review of the detention order
AND, if leave is granted:
*that the detention order remain in operation
*that the detention order be revoked
*that the detention order be revoked and replaced with a supervision order
*that if the detention order is revoked and replaced with a supervision order,
the conditions sought in respect of that supervision order, in addition to the
core conditions set out in section 16 of the Act, are: [insert proposed
conditions in accordance with Division 3 of Part 2 of the Act]
THE FOLLOWING REPORTS are attached:
progress report [identify report]
*assessment report [identify report]
Form 6–12R—Application for leave to apply for review of detention order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
336 17-033SR.S1-20/11/2017
*other report made to the Court [identify report]
*other report filed with the application [identify report]
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–12S—Application for leave to apply for review of conditions of supervision
order or interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
337 17-033SR.S1-20/11/2017
Form 6–12S—Application for leave to apply
for review of conditions of supervision order
or interim supervision order
Rule 12.12
[heading as in Form 6–12A]
APPLICATION FOR LEAVE TO APPLY FOR REVIEW
OF CONDITIONS OF SUPERVISION ORDER OR
INTERIM SUPERVISION ORDER
*The Secretary to the Department of Justice and Regulation applies under
section 77 of the Serious Sex Offenders (Detention and Supervision) Act
2009 ("the Act") for leave of the Court to apply for a review of a condition,
other than a core condition, of the *supervision order/*interim supervision
order made by the Court on [insert date of order] and, if leave be granted,
review of those conditions.
*I, C.D. apply under section 77 of the Act for leave of the Court to apply for
a review of a condition, other than a core condition, of the *supervision
order/*interim supervision order made by the Court on [insert date and
relevant details of order] and, if leave be granted, review of those conditions.
*THE CONDITION(S) which are the subject of this application are:
[specify conditions to which the application relates]
THE GROUNDS on which this application is made are: [specify grounds]
*the following new facts and circumstances justifying the review have arisen
since the conditions were made [specify new facts and circumstances
justifying review]: or
*the following reasons justify the review in the interests of justice, having
regard to the purposes of the condition and the manner or effect of their
implementation [specify reasons the review is justified in the interests of
justice].
THE ORDERS sought are: [specify orders sought]
that leave be granted for review of the conditions of the *supervision
order/*interim supervision order
AND, if leave is granted:
*that the conditions be varied as follows [specify conditions and variations
sought]:
Form 6–12S—Application for leave to apply for review of conditions of supervision
order or interim supervision order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
338 17-033SR.S1-20/11/2017
*that the conditions be added to as follows [specify conditions and additions
sought]:
*that the conditions be removed as follows [specify conditions sought to be
removed]:
*that the conditions be confirmed
*that the supervision order be reviewed in accordance with Part 5 of the Act
THE FOLLOWING REPORTS are attached:
*progress report [identify report]
*other report made to the Court [identify report]
*other report filed with the application [identify report]
*A CERTIFICATE OF AVAILABLE RESOURCES in respect of C.D.
prepared by the Secretary under section 195 of the Act is attached.
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–12T—Order to attend for examination
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
339 17-033SR.S1-20/11/2017
Form 6–12T—Order to attend
for examination
Rule 12.13
[heading as in Form 6–12A]
ORDER TO ATTEND FOR EXAMINATION
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or solicitor]
THE COURT ORDERS THAT under section 84 of the Serious Sex
Offenders (Detention and Supervision) Act 2009 ("the Act") [name of
offender] ("the offender") attend for personal examination by a medical
expert or other person [insert name and address or other relevant details of
expert or other person who is to conduct the personal examination of the
offender and time and place for attendance for examination] for the purposes
of enabling that expert or other person to make a report or give evidence to
the Court.
[Signature of Judge]
[Name of Judge]
NOTE
To [name of offender]:
This order requires you to attend a personal examination. Section 84(2) of the
Serious Sex Offenders (Detention and Supervision) Act 2009 provides that
you cannot be compelled to submit to a physical examination or in any way
actively to cooperate in the carrying out of a personal examination.
Form 6–12U—Notice of appeal by offender
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
340 17-033SR.S1-20/11/2017
Form 6–12U—Notice of appeal by offender
Rule 12.14(1)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE SUPREME COURT OF VICTORIA 20 No.
IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders
(Detention and Supervision) Act 2009
BETWEEN
A.B. Appellant
and
*The Secretary to the Department
of Justice and Regulation/*The
Director of Public Prosecutions
Respondent
NOTICE OF APPEAL BY OFFENDER
TO: the Registrar of Criminal Appeals:
AND TO: the respondent
1. TAKE NOTICE that the appellant A.B. appeals to the Court of Appeal
under section 96 of the Serious Sex Offenders (Detention and
Supervision) Act 2009 against:
*a decision made on [date] by [identify court and Judge] to make
*a supervision order/*an interim supervision order/*a detention order/
*an interim detention order in respect of the appellant.
*a decision made on [date] by [identify court and Judge] to renew
*a supervision order/*a detention order in respect of the appellant
previously made on [date] by [identify court and Judge].
*a decision made on [date] by [identify court and Judge] to extend
*an interim supervision order/*an interim detention order in respect of
the appellant previously made on [date] by [identify court and Judge].
*a decision made on [date] by [identify court and Judge] to impose
conditions other than core conditions on *a supervision order/*an interim
supervision order in respect of the appellant previously made on [date] by
[identify court and Judge].
Form 6–12U—Notice of appeal by offender
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
341 17-033SR.S1-20/11/2017
*a decision made on [date] by [identify court and Judge] to impose
a particular period of operation of *a supervision order/*an interim
supervision order/*a detention order/*an interim detention order in
respect of the appellant.
*a decision made on [date] by [identify court and Judge] on a review
under Part 5 of the Act not to revoke a *supervision order/*detention
order previously made on [date] by [identify court and Judge].
*a decision made on [date] by [identify court and Judge] to revoke
*a supervision order/*an interim supervision order/*a detention order/
*an interim detention order in respect of the appellant and make a new
supervision order or detention order in respect of the appellant.
2. THE GROUNDS of the appeal are: [state briefly the grounds of the
appeal]
3. THE ORDERS sought on appeal are: [state orders sought]
4. Name and address of legal practitioner who represented appellant in the
court where the decision being appealed was made:
5. Name of counsel (if any) who represented appellant in the court where
the decision being appealed was made:
6. State whether you wish—
(a) to be present at the hearing of this proceeding; or
(b) to attend by audio visual link at the hearing of this
proceeding.
Date:
[Signed by Appellant
or Legal Practitioner
on behalf of Appellant]
*[If signed by Legal Practitioner]
The name and address
for service are as follows:
[insert details]
*Delete if not applicable
IMPORTANT NOTES
1. Unless the Court directs otherwise, you may, if you wish, be present
in Court at the hearing of your appeal, or attend by audio visual link if
that is practicable. If you wish to do either of these things, you should
complete paragraph 6 accordingly or notify the Registrar of Criminal
Appeals in writing of your wish.
Form 6–12U—Notice of appeal by offender
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
342 17-033SR.S1-20/11/2017
2. Your attention is drawn to the procedure for appeals set out in Part 7 of
the Serious Sex Offenders (Detention and Supervision) Act 2009 and
the powers of the Court of Appeal under that Act. As soon as practicable
after giving notice of appeal to the Court of Appeal, you must cause a
copy of the notice to be served on the respondent to the appeal.
3. Under section 99(5) of the Serious Sex Offenders (Detention and
Supervision) Act 2009, the filing of this notice of appeal does not stay
the operation of the decision being appealed, unless the court that made
that decision or the Court of Appeal otherwise orders.
Form 6–12V—Notice of appeal by Secretary to Department of Justice and Regulation
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
343 17-033SR.S1-20/11/2017
Form 6–12V—Notice of appeal by Secretary
to Department of Justice and Regulation
Rule 12.14(2)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE SUPREME COURT OF VICTORIA 20 No.
IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders
(Detention and Supervision) Act 2009
BETWEEN
The Secretary to the Department
of Justice and Regulation
Appellant
and
A.B.
Respondent
NOTICE OF APPEAL BY SECRETARY TO THE
DEPARTMENT OF JUSTICE AND REGULATION
TO: the Registrar of Criminal Appeals:
AND TO: the respondent
1. TAKE NOTICE that the appellant, the Secretary to the Department of
Justice and Regulation, considering it in the public interest to do so,
appeals to the Court of Appeal under section 97 of the Serious Sex
Offenders (Detention and Supervision) Act 2009 ("the Act") against:
*a decision made on [date] by [identify court and Judge] not to make
*a supervision order/*an interim supervision order in respect of A.B.
who is an eligible offender within the meaning of the Act.
*a decision made on [date] by [identify court and Judge] not to renew
a supervision order in respect of A.B. previously made on [date] by
[identify court and Judge].
*a decision made on [date] by [identify court and Judge] not to extend an
interim supervision order in respect of A.B. previously made on [date] by
[identify court and Judge].
*a decision made on [date] by [identify court and Judge] on a review
under Part 5 of the Act to revoke a supervision order in respect of A.B.
previously made on [date] by [identify court and Judge].
Form 6–12V—Notice of appeal by Secretary to Department of Justice and Regulation
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
344 17-033SR.S1-20/11/2017
*a decision made on [date] by [identify court and Judge] to impose a
particular period of operation of *a supervision order/*an interim
supervision order in respect of A.B.
*a decision made on [date] by [identify court and Judge] *to impose/
*to not impose conditions other than core conditions on *a supervision
order/*an interim supervision order in respect of A.B. previously made
on [date] by [identify court and Judge].
2. THE GROUNDS of the appeal are: [state briefly the grounds of the
appeal]
3. THE ORDERS sought on appeal are: [state orders sought]
4. As required by section 99(4) of the Serious Sex Offenders (Detention
and Supervision) Act 2009, this notice of appeal is accompanied by a
notice in the prescribed form as contained in the regulations made under
that Act setting out the offender's rights in relation to, and the procedure
for the hearing and determination of, the appeal.
Date:
[Signed
for and on behalf
of the Secretary to the
Department of Justice
and Regulation]
*Delete if not applicable
IMPORTANT NOTE
To the respondent:
Unless the Court directs otherwise, you may, if you wish, be present in
Court at the hearing of your appeal, or attend by audio visual link if that is
practicable. If you wish to do either of these things, you should notify the
Registrar of Criminal Appeals in writing of your wish.
Form 6–12W—Notice of appeal by DPP
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
345 17-033SR.S1-20/11/2017
Form 6–12W—Notice of appeal by DPP
Rule 12.14(3)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE SUPREME COURT OF VICTORIA 20 No.
IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders
(Detention and Supervision) Act 2009
BETWEEN
The Director of Public
Prosecutions Appellant
and
A.B. Respondent
NOTICE OF APPEAL BY DIRECTOR OF
PUBLIC PROSECUTIONS
TO: the Registrar of Criminal Appeals
AND TO: the respondent
1. TAKE NOTICE that the appellant, the Director of Public Prosecutions,
considering it in the public interest to do so, appeals to the Court of
Appeal under section 98 of the Serious Sex Offenders (Detention and
Supervision) Act 2009 ("the Act") against:
*a decision made on [date] by [identify court and Judge] not to make
*a detention order/*an interim detention order in respect of A.B. who
is an eligible offender within the meaning of the Act.
*a decision made on [date] by [identify court and Judge] not to renew
a detention order in respect of A.B. previously made on [date] by
[identify court and Judge].
*a decision made on [date] by [identify court and Judge] not to extend
an interim detention order in respect of A.B. previously made on [date]
by [identify court and Judge].
*a decision made on [date] by [identify court and Judge] on a review
under Part 5 of the Act to revoke a detention order in respect of A.B.
previously made on [date] by [identify court and Judge].
*a decision made on [date] by [identify court and Judge] to impose a
particular period of operation of *a detention order/*an interim detention
order in respect of A.B.
Form 6–12W—Notice of appeal by DPP
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
346 17-033SR.S1-20/11/2017
2. THE GROUNDS of the appeal are: [state briefly the grounds of the
appeal]
3. THE ORDERS sought on appeal are: [state orders sought]
4. As required by section 99(4) of the Serious Sex Offenders (Detention
and Supervision) Act 2009, this notice of appeal is accompanied by a
notice in the prescribed form as contained in the regulations made under
that Act setting out the offender's rights in relation to, and the procedure
for the hearing and determination of, the appeal.
Date:
[Signed
for and on behalf of
the Director of Public
Prosecutions]
*Delete if not applicable
IMPORTANT NOTE
To the respondent:
Unless the Court directs otherwise, you may, if you wish, be present in
Court at the hearing of your appeal, or attend by audio visual link if that is
practicable. If you wish to do either of these things, you should notify the
Registrar of Criminal Appeals in writing of your wish.
Form 6–12X—Notice of appeal relating to publication of information
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
347 17-033SR.S1-20/11/2017
Form 6–12X—Notice of appeal relating
to publication of information
Rule 12.14(4)
IN THE SUPREME COURT OF VICTORIA
AT
IN THE SUPREME COURT OF VICTORIA 20 No.
IN THE MATTER of an appeal under section 103 of the Serious Sex
Offenders (Detention and Supervision) Act 2009
BETWEEN
Appellant
and
Respondent
NOTICE OF APPEAL RELATING TO
PUBLICATION OF INFORMATION
TO: the Registrar of Criminal Appeals:
AND TO: the respondent
1. TAKE NOTICE that the appellant, being a person affected by a decision
of the Court under Division 1 of Part 13 of the Serious Sex Offenders
(Detention and Supervision) Act 2009 ("the Act") appeals to the Court
of Appeal under section 103 of the Act against:
*a decision made on [date] by [identify court and Judge] to make an order
under section 183 of the Act authorising the publication of material which
would otherwise be an unauthorised publication under section 182 of the
Act.
*a decision made on [date] by [identify court and Judge] to make an order
under section 184 of the Act restricting publication of information about
the identification of an offender.
2. THE GROUNDS of the appeal are: [state briefly the grounds of the
appeal]
3. THE ORDERS sought on appeal are: [state orders sought]
Date:
[Signed by for and on
behalf of the Appellant]
*Delete if not applicable
Form 6–12Y—Notice of intention to dispute reports to Court
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
348 17-033SR.S1-20/11/2017
Form 6–12Y—Notice of intention to
dispute reports to Court
Rule 12.15
NOTICE OF INTENTION TO DISPUTE
ASSESSMENT REPORT, PROGRESS REPORT
OR OTHER REPORT TO COURT
To the Prothonotary:
TAKE NOTICE THAT:
*The Secretary to the Department of Justice and Regulation intends under
section 113 of the Serious Sex Offenders (Detention and Supervision)
Act 2009 ("the Act") to dispute the *whole of/*part of *an assessment
report/*a progress report/*a report made to the Court/*another report filed
with an application under the Act.
*The Director of Public Prosecutions under section 113 of the Serious
Sex Offenders (Detention and Supervision) Act 2009 ("the Act") to
dispute the *whole of/*part of *an assessment report/*a progress report/
*a report made to the Court/*another report filed with an application
under the Act.
*I, C.D. intend under section 113 of the Serious Sex Offenders
(Detention and Supervision) Act 2009 ("the Act") to dispute the
*whole of/*part of *an assessment report/*a progress report/*a report
made to the Court/*another report filed with an application under the
Act.
PARTICULARS
I INTEND TO DISPUTE:
*the whole of the assessment report [identify report]
*part of the assessment report [identify report and part disputed]
*the whole of the progress report [identify report]
*part of the progress report [identify report and part disputed]
*the whole of a report made to the Court [identify report]
*part of a report made to the Court [identify report and part disputed]
*the whole of another report filed with an application under the Act
[identify report]
Form 6–12Y—Notice of intention to dispute reports to Court
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
349 17-033SR.S1-20/11/2017
*part of another report filed with an application under the Act [identify report
and part disputed]
THE GROUNDS on which I intend to dispute *the report/*part of the report
are: [insert brief description of grounds].
Date:
[Signature of party giving
notice or party's legal advisor]
NOTE
Rule 12.15 of Chapter VI of the Rules of the Supreme Court requires this
notice to be served in accordance with section 193 of the Act and that Rule
on the other party to the application for an supervision order as soon as
practicable and not less than 10 days before the hearing of the application.
*Delete if not applicable
Form 6–12AA—Application for suspension of registrable offender's reporting
obligations
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
350 17-033SR.S1-20/11/2017
Form 6–12AA—Application for suspension
of registrable offender's reporting obligations
Rule 12A.02(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Sex Offenders Registration Act 2004
and
IN THE MATTER of an application by A.B., the applicant, under
section 39(2) of the Act for an order suspending the reporting obligations
of a registrable offender under the Act.
APPLICATION FOR SUSPENSION OF REGISTRABLE
OFFENDER'S REPORTING OBLIGATIONS
I, [name of applicant], of [address], being a registrable offender under the
Sex Offenders Registration Act 2004 ("the Act") required to report for
the remainder of my life, apply under section 39(2) of the Act for an order
suspending my reporting obligations as a registrable offender under the Act.
PARTICULARS
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
*THIS APPLICATION is made in circumstances where I believe that the
reporting obligations under the Act which are the subject of this application
should be suspended for the following reasons: [insert reasons and specify
grounds for making the application]
Date:
[Signed]
*Delete if not applicable
Form 6–12AB—Application for new order suspending registrable offender's reporting
obligations
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
351 17-033SR.S1-20/11/2017
Form 6–12AB—Application for new
order suspending registrable offender's
reporting obligations
Rule 12A.02(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Sex Offenders Registration Act 2004
and
IN THE MATTER of an application by A.B., the applicant, under section 45
of the Act for a new order suspending the reporting obligations of a
registrable offender under the Act.
APPLICATION FOR NEW ORDER SUSPENDING
REGISTRABLE OFFENDER'S REPORTING OBLIGATIONS
I, [name of applicant], of [address], being a registrable offender under the
Sex Offenders Registration Act 2004 ("the Act") required to report for
the remainder of my life, apply under section 45 of the Act for a new order
suspending my reporting obligations as a registrable offender under the Act.
PARTICULARS
The original order under Division 6 of Part 3 of the Act was made on [date]
by [court and name of Judge] and ceased to have effect because I:
*(a) was made subject to a sex offender registration order; or
*(b) was found guilty of a registrable offence; or
*(c) became a corresponding registrable offender who must under
section 37 of the Act continue to comply with the reporting
obligations imposed by Part 3 of the Act for a period.
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
*THIS APPLICATION is made in circumstances where I believe that the
reporting obligations under the Act which are the subject of this application
should be suspended for the following reasons: [insert reasons and specify
grounds for making the application]
Date:
[Signed]
*Delete if not applicable
Form 6–12AC—Application by Chief Commissioner of Police for suspension of
registrable offender's reporting obligations
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
352 17-033SR.S1-20/11/2017
Form 6–12AC—Application by Chief
Commissioner of Police for suspension of
registrable offender's reporting obligations
Rule 12A.03(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Sex Offenders Registration Act 2004
and
IN THE MATTER of an application by the Chief Commissioner of
Police, under section 39A of the Act for an order suspending the reporting
obligations of a registrable offender under the Act.
APPLICATION BY CHIEF COMMISSIONER OF POLICE
FOR SUSPENSION OF REGISTRABLE OFFENDER'S
REPORTING OBLIGATIONS
The Chief Commissioner of Police, of [address], applies under section 39A
of the Sex Offenders Registration Act 2004 ("the Act") for an order
suspending the reporting obligations of a registrable offender under the
Act of [name and address of registrable offender].
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
*THIS APPLICATION is made in circumstances where I believe that the
reporting obligations under the Act which are the subject of this application
should be suspended for the following reasons: [insert reasons and specify
grounds for making the application].
THE PERIOD for which the reporting obligations should be suspended is
[insert period of time for proposed suspension].
Date:
[Signed for and on behalf of the
Chief Commissioner of Police]
*Delete if not applicable
Form 6–12AD—Application by Chief Commissioner of Police for revocation of order
suspending registrable offender's reporting obligations
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
353 17-033SR.S1-20/11/2017
Form 6–12AD—Application by Chief
Commissioner of Police for revocation of
order suspending registrable offender's
reporting obligations
Rule 12A.03(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Sex Offenders Registration Act 2004
and
IN THE MATTER of an application by the Chief Commissioner of Police
under section 44A of the Act for revocation of an order suspending the
reporting obligations of a registrable offender under the Act.
APPLICATION BY CHIEF COMMISSIONER OF
POLICE FOR REVOCATION OF ORDER
SUSPENDING REGISTRABLE OFFENDER'S
REPORTING OBLIGATIONS
The Chief Commissioner of Police, of [address], applies under section 44A
of the Sex Offenders Registration Act 2004 ("the Act") for an order
revoking the suspension of the reporting obligations of [name and address
of registrable offender], a registrable offender under the Act.
THE ORDER suspending the reporting obligations of [name and address of
registrable offender], was made on [date] by [court and name of Judge].
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
*THIS APPLICATION is made on the ground that there has been a material
change in the circumstances in which the suspension order was sought and
therefore that order should be revoked: [insert details as to grounds for
making the application].
Date:
[Signed for and on behalf of the
Chief Commissioner of Police]
*Delete if not applicable
Form 6–12AE—Application by Chief Commissioner of Police for new order
suspending registrable offender's reporting obligations
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
354 17-033SR.S1-20/11/2017
Form 6–12AE—Application by Chief
Commissioner of Police for new order
suspending registrable offender's
reporting obligations
Rule 12A.03(3)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Sex Offenders Registration Act 2004
and
IN THE MATTER of an application the Chief Commissioner of Police
under section 45(1A) of the Act for a new order suspending the reporting
obligations of a registrable offender under the Act.
APPLICATION BY CHIEF COMMISSIONER OF POLICE
FOR NEW ORDER SUSPENDING REGISTRABLE
OFFENDER'S REPORTING OBLIGATIONS
The Chief Commissioner of Police, of [address], applies under
section 45(1A) of the Sex Offenders Registration Act 2004 ("the Act")
for a new order suspending the reporting obligations as a registrable
offender under the Act of AB [insert name of registrable offender].
PARTICULARS
The original order under Division 6 of Part 3 of the Act was made on [date]
by [court and name of Judge] and ceased to have effect because the offender:
*(a) was made subject to a sex offender registration order; or
*(b) was found guilty of a registrable offence; or
*(c) became a corresponding registrable offender who must under
section 37 of the Act continue to comply with the reporting
obligations imposed by Part 3 of the Act for a period.
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
*THIS APPLICATION is made in circumstances where I believe that the
reporting obligations under the Act which are the subject of this application
should be suspended for the following reasons: [insert reasons and specify
grounds for making the application]
Form 6–12AE—Application by Chief Commissioner of Police for new order
suspending registrable offender's reporting obligations
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
355 17-033SR.S1-20/11/2017
Date:
[Signed for and on behalf of the
Chief Commissioner of Police]
*Delete if not applicable
Form 6–13A—Application for coercive powers order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
356 17-033SR.S1-20/11/2017
Form 6–13A—Application for
coercive powers order
Rule 13.04
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B., the applicant, under
section 5(1) of the Act for a coercive powers order.
APPLICATION FOR COERCIVE POWERS ORDER
I, [name], [rank/position], a police officer of [name of station or address of
premises at which police officer works] with the approval of *the Chief
Commissioner/*delegate of the Chief Commissioner [specify name and rank
of person approving the application] apply under section 5(1) of the Major
Crime (Investigative Powers) Act 2004 ("the Act") for a coercive powers
order authorising the use in accordance with the Act of powers provided by
the Act for the purpose of investigating an organised crime offence.
I SUSPECT on reasonable grounds that an organised crime offence *has
been, *is being, or *is likely to be, committed.
THE PARTICULARS of the organised crime offence in respect of which the
coercive powers order is sought are: [insert particulars].
THE NAME of each alleged offender is: [insert name or, if the name is
unknown, state that the offender is unknown]
THE PERIOD sought for the duration of the coercive powers order is:
[insert period, not exceeding 12 months]
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
*THIS APPLICATION is made in circumstances where I believe that the
delay caused in complying with section 5(4) of the Act may prejudice the
success of the investigation into the organised crime offence in respect of
which this application is made. It was impracticable for an affidavit to be
prepared or sworn before this application was made for the following
reasons: [insert reasons and specify grounds for making the application]
*I RELY upon my affidavit prepared but not sworn that was provided to the
Court on [date].
Form 6–13A—Application for coercive powers order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
357 17-033SR.S1-20/11/2017
I undertake to the Court to send a duly sworn affidavit to the Judge
constituting the Court not later than the day following the making of
the application, whether or not a coercive powers order is made.
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–13B—Coercive powers order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
358 17-033SR.S1-20/11/2017
Form 6–13B—Coercive powers order
Rule 13.05
[heading as in Form 6–13A]
COERCIVE POWERS ORDER
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS:
THE COURT IS SATISFIED—
(a) that there are reasonable grounds for the suspicion founding the
application for the order; and
(b) that it is in the public interest to make the order, having regard
to—
(i) the nature and gravity of the alleged organised crime
offence in respect of which the order is sought; and
(ii) the impact of the use of coercive powers on the rights
of members of the community.
THE ORGANISED CRIME OFFENCE in respect of which this order
is made is: [specify organised crime offence].
THE NAME of each alleged offender is: [insert names or, if the name
is unknown, state that the offender is unknown]
THE NAME AND RANK of the police officer who made the
application is:
THE NAME AND RANK of the person who approved the application
is:
THE COURT ORDERS THAT, in accordance with the Major Crime
(Investigative Powers) Act 2004, the use of the powers provided by the Act
is authorised for the purposes of investigating the organised crime offence in
respect of which this order is made.
Form 6–13B—Coercive powers order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
359 17-033SR.S1-20/11/2017
THE PERIOD for which this order remains in force is: [insert period, not
exceeding 12 months]
*THE USE OF COERCIVE POWERS under this order is subject to the
following conditions [specify conditions].
[Signature of Judge]
[Name of Judge]
*Delete if not applicable
Form 6–13BA—Application for revocation of coercive powers order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
360 17-033SR.S1-20/11/2017
Form 6–13BA—Application for revocation
of coercive powers order
Rule 13.05.1
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B., the applicant, under section 12
of the Act for revocation of a coercive powers order.
APPLICATION FOR REVOCATION OF
COERCIVE POWERS ORDER
I, [name of applicant], of [address] apply under section 12 of the Major
Crime (Investigative Powers) Act 2004 for revocation of the coercive
powers order made [insert date order was made].
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
*THIS APPLICATION is made in circumstances where I believe that the
coercive powers order which is the subject of this application should be
revoked before its expiry for the following reasons: [insert reasons and
specify grounds for making the application]
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–13BB—Application objecting to disclosure or production of protected
information at revocation hearing for of coercive powers order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
361 17-033SR.S1-20/11/2017
Form 6–13BB—Application objecting to
disclosure or production of protected
information at revocation hearing for
of coercive powers order
Rule 13.05.2
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by the Chief Commissioner of Police
under section 12A of the Act objecting to disclosure or production of
protected information at a revocation hearing for a coercive powers order.
APPLICATION OBJECTING TO DISCLOSURE
OR PRODUCTION OF PROTECTED INFORMATION
AT REVOCATION HEARING FOR COERCIVE
POWERS ORDER
I, [name], Chief Commissioner of Police for Victoria, object to the disclosure
or production of protected information within the meaning of the Major
Crime (Investigative Powers) Act 2004 ("the Act") at a revocation hearing
for a coercive powers order and apply under section 12A of the Act for a
determination that the hearing of the revocation of a coercive powers order
be determined:
*at a hearing at which evidence given by a police officer is given on the basis
of confidential affidavit that is not disclosed to one or more of the parties or
any representative of those parties;
*at a hearing held in closed court in which the Chief Commissioner and each
party to the proceeding has a right to make submissions;
*at a hearing held without notice to, and without the presence of, one or more
of the parties or any representative of those parties [specify parties to be
excluded];
*by any combination of the methods set out above [specify].
Form 6–13BB—Application objecting to disclosure or production of protected
information at revocation hearing for of coercive powers order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
362 17-033SR.S1-20/11/2017
I OBJECT to the disclosure or production of the protected information on the
following grounds—
1 it is in the public interest to protect the confidentiality of any
intelligence information or any document or thing provided to the
Court for the purposes of obtaining the coercive powers order to which
the revocation hearing relates or obtained or to be obtained under the
coercive powers order to which the revocation hearing relates; and
2 the method of hearing and determining the matter may disclose any
intelligence information, or document or thing the disclosure of
which—
*reveals the identity of the member of the police force who applied for
the coercive powers order or puts that member's safety at risk;
*reveals the identity of a person who has been called, or who has
appeared, as a witness in an examination conducted under the coercive
powers order, or puts that person's safety at risk;
*reveals the identity of a person who has provided a police officer
with information relating to an investigation, or puts that person's
safety at risk;
*reveals the identity of a person whose name appears in any evidence
given or information provided to a police officer relating to an
investigation, or puts that person's safety at risk;
*reveals the identity of a person who is or has been the subject of an
investigation by a police officer, or puts that person's safety at risk;
*places at risk an ongoing investigation by a police officer; or
*risks the disclosure of any investigative method used by police
officers;
*is otherwise not in the public interest [specify].
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
THE PROTECTED INFORMATION to which this application relates is:
[brief description of type of protected information].
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–13C—Application for issue of witness summons
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
363 17-033SR.S1-20/11/2017
Form 6–13C—Application for issue
of witness summons
Rule 13.06
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B. under section 14(3) of the Act
for the issue of a witness summons.
APPLICATION FOR ISSUE OF WITNESS SUMMONS
I, [name], [rank/position] a police officer of [name of station or address of
premises at which police officer works] apply under section 14(3) of the
Major Crime (Investigative Powers) Act 2004 ("the Act") for the issue
of—
*(a) a summons to attend an examination before the Chief Examiner to give
evidence;
*(b) a summons to attend at a specified time and place to produce specified
documents or other things to the Chief Examiner;
*(c) a summons to attend an examination before the Chief Examiner to give
evidence and produce specified documents or other things.
*THIS APPLICATION is made at the same time as an application for the
making of a coercive powers order.
*A COERCIVE POWERS ORDER is in force [insert date of making of
order and brief description of details of order].
THE PERSON to whom the summons is to be directed is: [insert name]
THE REASON why a summons is needed for the person to whom it is
directed is: [insert reason]
THE EVIDENTIARY OR INTELLIGENCE VALUE of the information
sought to be obtained from the person to whom the summons is directed is:
[indicate evidentiary or intelligence value]
*I SUSPECT that the person to whom the summons is to be directed has a
mental impairment.
Form 6–13C—Application for issue of witness summons
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
364 17-033SR.S1-20/11/2017
*I *SUSPECT/*KNOW that the person to whom the summons is to be
directed is under the age of 18 years. I *suspect/*know that the person's age
is: [insert age].
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–13D—Application for order under section 18(2) of Major Crime
(Investigative Powers) Act 2004
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
365 17-033SR.S1-20/11/2017
Form 6–13D—Application for order
under section 18(2) of Major Crime
(Investigative Powers) Act 2004
Rule 13.07
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B. under section 18(2) of the Act.
APPLICATION FOR ORDER UNDER SECTION 18(2) OF THE
MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004
I, [name], [rank/position], a police officer of [name of station or address of
premises at which police officer works] apply under section 18(2) of the
Major Crime (Investigative Powers) Act 2004 ("the Act") for an order that
a person held in a prison or police gaol be delivered into my custody for the
purpose of bringing the person before the Chief Examiner to give evidence at
an examination.
THE PERSON in respect of whom the order is sought is: [insert name and
other details e.g. address of prison or police gaol where the person is held]
THE REASON why an order is needed for the person to whom it is directed
is: [insert reason]
THE EVIDENTIARY OR INTELLIGENCE VALUE of the information
sought to be obtained from the person to whom the order is directed is:
[indicate evidentiary or intelligence value]
*I SUSPECT that the person to whom the order is to be directed has a mental
impairment.
*I *SUSPECT/*KNOW that the person to whom the order is to be directed
is under the age of 18 years. I *suspect/*know that the person's age is:
[insert age].
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–13E—Application for extension of period of notice—confidential document
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
366 17-033SR.S1-20/11/2017
Form 6–13E—Application for extension of
period of notice—confidential document
Rule 13.08
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by the *Chief Examiner/*Chief
Commissioner of Police, (the applicant), under section 20(8E) of that
Act for an extension of the period of notice of a confidential document
to protect matters specified in section 20(8F) of the Act.
APPLICATION FOR EXTENSION OF PERIOD OF
NOTICE CONFIDENTIAL DOCUMENT
I, [name], *Chief Examiner/*Chief Commissioner of Police for Victoria,
apply under section 20(8E) of the Major Crime (Investigative Powers)
Act 2004 for an extension of the 5 year period of a notice that a summons
or order is a confidential document.
THE EXTENSION of the period is necessary to protect—
*an investigation that is continuing (whether or not the investigation is, or is
related to, the investigation in relation to which the witness summons was
issued);
*any proceeding that has been commenced but not finally determined;
*the safety or reputation of a person;
*the fair trial of a person who has or may be charged with an offence.
*THIS APPLICATION is made on the following grounds: [insert reasons
and specify grounds for making the application].
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–13F—Application to determine legal professional privilege
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
367 17-033SR.S1-20/11/2017
Form 6–13F—Application to determine
legal professional privilege
Rule 13.09
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by the Chief Examiner, the applicant,
under section 42 of that Act to determine legal professional privilege.
APPLICATION TO DETERMINE LEGAL
PROFESSIONAL PRIVILEGE
I, [name], Chief Examiner, apply under section 42 of the Major Crime
(Investigative Powers) Act 2004 for a determination whether or not
[describe document or thing] is the subject of legal professional privilege.
*THIS APPLICATION is made on the following grounds: [insert reasons
and specify grounds for making the application].
*I RELY upon the acts, facts, matters and circumstances set out in my
affidavit made on [date of affidavit] in support of this application.
Date:
Chief Examiner
*Delete if not applicable
Form 6–14A—Application under section 10 of Crimes (Assumed Identities) Act 2004
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
368 17-033SR.S1-20/11/2017
Form 6–14A—Application under section 10
of Crimes (Assumed Identities) Act 2004
Rule 14.04(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Crimes (Assumed Identities) Act 2004
and
IN THE MATTER of an application under section 10 of the Crimes
(Assumed Identities) Act 2004
APPLICATION UNDER SECTION 10
I, *[name and rank of applicant], being
*(a) the chief officer of a law enforcement agency;
*(b) a senior officer within the meaning of the Crimes (Assumed
Identities) Act 2004 of a law enforcement agency to whom the
chief officer referred to in subparagraph (a) has delegated his or
her functions under section 34(2) of that Act;
*(c) the corresponding chief officer of a corresponding participating
agency within the meaning of the Crimes (Assumed Identities)
Act 2004;
APPLY under section 10 of the Crimes (Assumed Identities) Act 2004
for the making of an entry in the Register under the Births, Deaths and
Marriages Registration Act 1996 in relation to the acquisition of an
assumed identity under an authority or a corresponding authority.
THIS APPLICATION is made in reliance upon the acts, facts, matters and
circumstances set out and deposed to in the affidavit of [insert name of
deponent] made on [date of affidavit] in support of this application.
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–14B—Application under section 12 of Crimes (Assumed Identities) Act 2004
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
369 17-033SR.S1-20/11/2017
Form 6–14B—Application under section 12
of Crimes (Assumed Identities) Act 2004
Rule 14.04(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Crimes (Assumed Identities) Act 2004
and
IN THE MATTER of an application under section 12 of the Crimes
(Assumed Identities) Act 2004
APPLICATION UNDER SECTION 12
I, *[name and rank of applicant], being
*(a) the chief officer of a law enforcement agency;
*(b) a senior officer within the meaning of the Crimes (Assumed
Identities) Act 2004 of a law enforcement agency to whom the
chief officer referred to in subparagraph (a) has delegated his or
her functions under section 34(2) of that Act;
*(c) the corresponding chief officer of a corresponding participating
agency within the meaning of the Crimes (Assumed Identities)
Act 2004; and
HAVING BEEN the applicant for the order under section 10 of the Crimes
(Assumed Identities) Act 2004 in respect of which this cancellation is
sought,
APPLY under section 12 of the Crimes (Assumed Identities) Act 2004 for
the cancellation of the entry that has been made in the Register under the
Births, Deaths and Marriages Registration Act 1996 under section 10 of
the Crimes (Assumed Identities) Act 2004 made [insert date of order under
section 10 of that Act].
THIS APPLICATION is made in reliance upon the acts, facts, matters and
circumstances set out and deposed to in the affidavit of [insert name of
deponent] made on [date of affidavit] in support of this application.
Date:
[Signed by Applicant]
*Delete if not applicable
Form 6–14C—Order under section 10 of Crimes (Assumed Identities) Act 2004
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
370 17-033SR.S1-20/11/2017
Form 6–14C—Order under section 10 of
Crimes (Assumed Identities) Act 2004
Rule 14.06(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Crimes (Assumed Identities) Act 2004
and
IN THE MATTER of an application under section 10 of the Crimes
(Assumed Identities) Act 2004
ORDER UNDER SECTION 10
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS:
THE COURT ORDERS THAT:
1. In accordance with section 10 of the Crimes (Assumed Identities)
Act 2004, the Registrar of Births, Deaths and Marriages make an
entry in the Register under the Births, Deaths and Marriages
Registration Act 1996 in relation to the acquisition of an assumed
identity under an authority or corresponding authority within the
meaning of the Crimes (Assumed Identities) Act 2004. The particulars to be entered in the Register are as follows:
[state required particulars].
2. The Registrar of Births, Deaths and Marriages give effect to this
order within the period of [state period within which order is to be
given effect].
[Signature of Judge]
[Name of Judge]
Form 6–14D—Order under section 12 of Crimes (Assumed Identities) Act 2004
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
371 17-033SR.S1-20/11/2017
Form 6–14D—Order under section 12 of
Crimes (Assumed Identities) Act 2004
Rule 14.06(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Crimes (Assumed Identities) Act 2004
and
IN THE MATTER of an application under section 12 of the Crimes
(Assumed Identities) Act 2004
ORDER UNDER SECTION 12
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person
entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS:
THE COURT ORDERS THAT:
1. The Registrar of Births, Deaths and Marriages cancel the entry
that has been made in the Register under the Births, Deaths and
Marriages Registration Act 1996 by which the following particulars
were entered in that Register by the order under section 10 of the
Crimes (Assumed Identities) Act 2004 dated [insert date of order
and particulars which were to be entered in the Register under that
order].
2. The Registrar of Births, Deaths and Marriages give effect to this
order within 28 days after the date this order is made.
[Signature of Judge]
[Name of Judge]
Form 6–15A—Identity crime certificate
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
372 17-033SR.S1-20/11/2017
Form 6–15A—Identity crime certificate
Rule 15.01
IN THE SUPREME COURT
OF VICTORIA
AT
IN THE MATTER of an application under section 89F of the Sentencing
Act 1991 for an identity crime certificate
IDENTITY CRIME CERTIFICATE
The Supreme Court issues this identity crime certificate under section 89F of
the Sentencing Act 1991.
On [date] the Court found [name of offender] guilty of an identity crime
offence.
1. The identity crime offence to which this certificate relates is
[specify identity crime offence and date of the offence].
2. The name of the victim of the identity crime offence is [name of
victim].
*3. The Court considers the following other matters are relevant:
[specify any other relevant matters, for example, address of victim,
gender, date of birth]
Date:
[Signature of Judge]
*Delete if not applicable
Form 6–15B—Notice to appear under section 89H of Sentencing Act 1991
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
373 17-033SR.S1-20/11/2017
Form 6–15B—Notice to appear under
section 89H of Sentencing Act 1991
Rule 15.02
IN THE SUPREME COURT
OF VICTORIA
AT
IN THE MATTER of an application under section 89F of the Sentencing
Act 1991 for an identity crime certificate
NOTICE TO APPEAR UNDER SECTION 89H
OF THE SENTENCING ACT 1991
TO: [name and address of person who prosecuted the identity crime offence
which is the subject of the application]
TAKE NOTICE THAT you are directed to appear at the hearing of the
application to provide assistance to the Court in relation to the application.
PARTICULARS:
1. Date of hearing:
2. Place of hearing: [address of Court]
3. The identity crime offence to which this application relates is:
[specify identity crime offence]
4. The name of the victim of the identity crime offence is: [name of
victim]
5. The Court found [name of offender] guilty of the identity crime
offence on [date]
*6. Other relevant matters are: [specify any other relevant matters]
*7. You may appoint another person to appear on your behalf at the
hearing. If you wish to do so, specify the name and contact details
of that person.
Date:
[Signature]
*Delete if not applicable
Form 6–16A—Notice of application for suppression order
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
374 17-033SR.S1-20/11/2017
Form 6–16A—Notice of application
for suppression order
Rule 16.02
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER OF:
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
To: The Supreme Court of Victoria at [appropriate email address]
And to: [identify other proposed recipients of the notice]
[Applicant] gives notice of the making of an application for a suppression
order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of an application filed on [date] returnable
before [identify relevant judicial officer] in [identify relevant court room]
at [time] on [date].
OR
*The applicant proposes to make the application orally before [identify
relevant judicial officer] in [identify relevant court room] at [time] on [date].
The application is for an order in the following terms:
[Set out the proposed wording of the order to be sought].
The applicant proposes to rely upon [insert brief description of material to be
relied upon]
For further information, please contact:
[Name of applicant or applicant's representative for enquiries]
Tel: [insert number]
Mobile No.: [insert number]
Email:
*Delete if not applicable.
Schedule 1—Revoked statutory rules
Supreme Court (Criminal Procedure) Rules 2017
S.R. No.
375 17-033SR.S1-20/11/2017
Schedule 1—Revoked statutory rules
Rule 1.03(2)
S.R. No. Title
12/2008 Chapter VI of the Rules of the Supreme Court, the Supreme
Court (Criminal Procedure) Rules 2008
118/2008 Supreme Court (Chapter VI Amendment No. 1) Rules 2008
150/2008 Supreme Court (Chapter VI Amendment No. 2) Rules 2008
98/2009 Supreme Court (Chapter VI Amendment No. 3) Rules 2009
99/2009 Supreme Court (Chapter VI Amendment No. 4) Rules 2009
54/2010 Supreme Court (Chapter VI Amendment No. 5) Rules 2010
6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011
120/2011 Supreme Court (Chapter VI Amendment No. 7) Rules 2011
207/2014 Supreme Court (Chapter VI Mental Impairment and
Unfitness to be Tried Amendment) Rules 2014
39/2015 Supreme Court (Chapter VI Judicial Registrars Amendment)
Rules 2015
105/2016 Supreme Court (Chapter I and Chapter VI Dual Commission
Holder Amendments) Rules 2016
141/2016 Supreme Court (Chapter VI Confiscation Amendment)
Rules 2016
34/2017 Supreme Court (Chapter VI Powers of Judicial Registrars
Amendment) Rules 2017
Dated:
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