SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008

Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008

S.R. No. 12/2008
Version incorporating amendments as at 1 January 2010

TABLE OF PROVISIONS

Rule Page
ORDER 1-PRELIMINARY
1.01. Title and object
1.02. Authorising provisions
1.03. Commencement and revocation
1.04. Application of Rules
1.05. Definitions
1.06. Registrar of Criminal Appeals
1.06. 1. Associate Judge acting for Registrar
1.07. Calculating time
1.08. Extension and abridgement
1.09. Process in vacation
1.10. Content and form of documents
1.11. Filing of documents
1.12. Subpoenas
1.13. Authentication
1.14. Amendment of judgment or order
1.15. Effect of non-compliance and dispensing with compliance
1.16. Exercise of jurisdiction by Judge of the Court or Court of Appeal
1.17. Notices to be signed
ORDER 2-CRIMINAL APPEALS

PART 1-PRELIMINARY

2.01. Definitions
2.02. Single judge
2.03. Jurisdiction and powers exercisable by two Judges of Appeal
2.03. 1-2.03.3 Revoked
2.04. Legal practitioners

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. Commencement of appeal against conviction or sentence
2.06. Commencement of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates'
Court
2.07. Procedure on hearing application under section 283.
2.07. 1. Revoked
2.08. Application may be treated as appeal
2.08. 1. Revoked
2.09. No notice of appeal when leave is granted
2.09. 1-2.09.3 Revoked
2.10. Full statement of grounds
2.10. 1. Revoked
2.11. Outline of submissions
2.12. Unrepresented appellant
2.13. Noncompliance with Rule 2.10 or 2.11.
2.13. 1, 2.13.2 Revoked
2.14. Early hearing

PART 3-APPEALS UNDER DIVISION 3 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009.

2.15. Crown appeals

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
2.17. Applicant to file affidavit

PART 5-APPEALS UNDER CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997.

2.18. Commencement of appeal against finding that accused is
unfit to stand trial
2.19. Commencement of appeal against verdict of not guilty because of mental impairment
2.20. Application may be treated as appeal
2.21. No notice of appeal when leave is granted

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
2.23. Extension of time before Registrar
2.24. Extension of time-application to Court of Appeal under section 313(2)
2.25. Application under section 315-refusal of Judge of Appeal
to exercise powers

PART 7-REFERENCE TO COURT OF APPEAL ON PETITION OF MERCY

2.26. Reference on petition of mercy

PART 8-PROCEDURES

2.27. Time
2.28. Fine and imprisonment in default-fine paid to be retained pending appeal
2.28. 1-2.28.3 Revoked
2.29. Procedure for appeal where fine and imprisonment in
default
2.30. Pre-hearing conference
2.31. Transcript of trial
2.32. Preservation of exhibits
2.33. Copies of transcript, exhibits etc.
2.34. Return of exhibits after hearing
2.35. Certificate of conviction
2.36. Attendance of appellant
2.37. Written case and argument
2.38. Bail
2.39. Registrar to notify determination
2.40. Notice of abandonment
2.41. Abandonment
2.42. Report from trial judge
2.43. Original depositions, exhibits etc.
2.44. Witnesses before Court of Appeal-section 318.
2.45. Examination other than by court under section 318(2)
2.46. Special commissioners-section 320.
2.47. Entitlement to hearing when restitution order or
compensation order made
2.48. Property subject to restitution order or compensation order
2.49. Security may be ordered
2.50. Property subject to order for forfeiture or destruction
2.51. Custody of property of convicted person
2.52. Transfer of prisoners
2.53. Duties of prison officers
2.54. Obligation of prison officers-section 283 appeals
ORDER 3-INTERLOCUTORY APPEALS UNDER THE CRIMINAL PROCEDURE ACT 2009.
3.01. Application of Order
3.02. Definitions
3.03. Commencement of interlocutory appeal-section 295.
3.04. Commencement of application for review of refusal to certify-section 296.
3.05. Appellant to file affidavit
3.06. Application for leave may be treated as appeal or review
3.07. Revoked
ORDER 3A-APPEALS ON A QUESTION OF LAW
3A.01. Definitions
3A.02. Commencement of appeal on question of law
3A.03. Notice of appeal
3A.04. Appellant to file affidavit
3A.05. Directions
3A.06. Leave to appeal
3A.07. Stay
3A.08. Delay and expedition
3A.09. Report
ORDER 3B-OTHER APPLICATIONS TO COURT OF APPEAL
3B.01. Application of Order
3B.02. Application by summons
3B.03. Service
3B.04. Directions hearing
3B.05. Court of Appeal may set aside or give directions
ORDER 4-CRIMINAL PROCEDURE RULES

PART 1-PRE-TRIAL CRIMINAL PROCEDURE

4.01. Definitions
4.02. Filing indictment
4.03. Notice to accompany copy indictment-no legal practitioner representing accused
4.04. Notice by legal practitioner to DPP and CTLD
4.05. Notice by legal practitioner to Prothonotary
4.06. Unrepresented accused
4.07. Questionnaire
4.08. Case conference
4.09. Revoked

PART 2-NOTICES UNDER THE ACT AND GENERAL MATTERS

4.09. Commonwealth DPP
4.10. DPP to specify sections in notice given under the Act
4.11. Notice of alibi
4.12. Recording of time and date of arraignment
4.13. Notice of intention to plead guilty to remaining charges in indictment
ORDER 5-PAYMENT OF FINES RULES

PART 1-PAYMENT OF FINES-SENTENCING ACT 1991.

5.01. Definitions
5.02. Proper officer
5.03. Application
5.04. Application operates as stay
5.05. Consideration of application
5.06. Service of copy order
5.07. Enforcement of fines against a natural person
5.08. Enforcement of fine against body corporate

PART 2-APPLICATIONS UNDER THE SHERIFF ACT 2009.

5.09. Application for reinstatement of certain money warrants
5.10. Filing and service of summons
ORDER 6-CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME
6.01. Definitions
6.02. Application of this Order
6.03. Making of application to the Court
6.04. Notice and service generally
6.05. Applications for restraining orders and monitoring orders
6.06. Application without notice under the Act
6.07. Other applications generally under Commonwealth Act
6.08. Notice of application
6.09. Filing and directions
6.10. Notice of opposition to an application
6.11. Evidence
6.12. Notice of order or declaration
6.13. Notice of discharge
6.14. Interstate order
6.15. Examination under section 98(2) of the Act
ORDER 7-SURVEILLANCE DEVICES RULES
7.01. Definition
7.02. Application of Order
7.03. Forms of application
7.04. Filing and service of documents
7.05. Form of surveillance device warrants
7.06. Form of retrieval warrant
7.07. Assistance orders
7.08. Reports under section 30K.
ORDER 9-WITNESS PROTECTION RULES
9.01. Definition
9.02. Application of Order
9.03. Application
9.04. Filing and service of documents
ORDER 10-APPLICATIONS UNDER PART IIA OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958.
10.01. Definition
10.02. Application under section 42E.
10.03. Application under section 42L.
10.04. Application under section 42M.
10.05. Application under section 42N.
10.06. Application under section 42P.
ORDER 11-TERRORISM (COMMUNITY PROTECTION) RULES
11.01. Definition
11.02. Application of Order
11.03. Form of application to Court
11.04. Filing of documents
11.05. Form of warrant
ORDER 12-SERIOUS SEX OFFENDERS MONITORING
RULES
12.01. Definition
12.02. Application of Order
12.03. Form of application for extended supervision order and renewal of extended supervision order
12.04. Form of order
12.05. Application for review of order
12.06. Notice of intention to dispute report
12.07. Order for a person to attend for examination
12.08. Filing of documents
12.09. Form of notice of appeal
ORDER 13-MAJOR CRIME (INVESTIGATIVE POWERS) RULES
13.01. Definition
13.02. Application of Order
13.03. Applications made under this Order
13.04. Form of application for coercive powers order or extension
or variation of order
13.05. Form of order
13.06. Form of application for witness summons
13.07. Form of application for order to bring person in custody before Chief Examiner
13.08. Filing of documents
ORDER 14-ASSUMED IDENTITY RULES
14.01. Definition
14.02. Application of Order
14.03. Applications made under this Order
14.04. Forms of application under the Act
14.05. Filing of documents
14.06. Forms of order
ORDER 15-IDENTITY CRIME RULES
15.01. Identity crime certificate
15.02. Notice to prosecutor to assist
__________________
FORMS
Form 6-1A-Subpoena
Form 6-2A-Notice of Application for Leave to Appeal against Conviction
Form 6-2B-Notice of Application for Leave to Appeal against
Sentence
Form 6-2C-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.
Form 6-2D-Notification to Applicant of Single Judge's Decision
under Section 315 of the Criminal Procedure Act 2009.
Form 6-2E-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
Form 6-2F-Notice of Application for Leave to Appeal against
Finding of Unfitness to Stand Trial
Forms 6-2FA, 6-2FB-Revoked
Form 6-2G-Notice of Application for Leave to Appeal against
Mental Impairment Verdict
Form 6-2GA, 6-2GB-Revoked
Form 6-2H-Application for Extension of Time to *File/*Serve
Notice of Appeal or Notice of Application to Appeal
Form 6-2I-Notification to Applicant of Registrar's Decision under Section 313 of the Criminal Procedure Act 2009.
Form 6-2J-Election to have Extension of Time Determined by the
Court of Appeal
Form 6-2K-Election to have application under Section 315 of the Criminal Procedure Act 2009 Determined by Court
of Appeal
Form 6-2L-Recognizance of Appellant Sentenced to Pay a Fine (and Surety)
Form 6-2M-Notification of Result of Appeal or Application
Form 6-2N-Notice of Abandonment
Form 6-2O-Appellant's Application for Examination of Further Witness(es)
Form 6-2P-Notice to Witness to Attend Before Examiner
Form 6-2Q-Notice to Prisoner Who Wishes to Appeal
Form 6-2R-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
Form 6-3A-Notice of Application for Leave to Appeal Against Interlocutory Decision
Form 6-3B-Notice of Application for Review of Refusal of Judge to Certify Under Section 295(3) of Criminal Procedure Act 2009.
Form 6-4A-Notice to Accused Under Section 171 of the Criminal Procedure Act 2009.
Form 6-4B-Notice that Legal Practitioner Acts
Form 6-4C-Notice that Legal Practitioner has Ceased to Act
Form 6-4D-Questionnaire
Form 6-4E-Notice of Alibi
Form 6-4F-Notice of Intention to Plead Guilty to One or More Remaining Charges in Indictment
Form 6-5A-Application by an Offender who has been Fines
Form 6-5B-Notice about the Procedure for Enforcement of Fines
Form 6-5C-Consent to a Community-Based Order
Form 6-5D-Community-Based Order in Default of Payment of a
Fine
Form 6-5E-Summons for Failure to Pay a Fine
Form 6-5F-Notice about the Procedure for Enforcement of a Fine (Bodies Corporate)
Form 6-5G-Summons-Application under Section 28 of the Sheriff Act 2009.
Form 6-6A-Application Under Section [insert relevant section and relevant Act] for Restraining Order
Form 6-6B-Notice of Application Made Under Section 16.
Form 6-6C-Notice of Application to be Made Under Section 20 for Exclusion Order
Form 6-6D-Notice of Application to be Made Under Section 26 for Further Orders
Form 6-6E-Notice of Application to be Made Under Section 32 for Forfeiture Order
Form 6-6F-Notice of Application to be Made Under Section 37 for Civil Forfeiture Order
Form 6-6G-Notice of Application to be Made Under Section 45 for Relief from Hardship
Form 6-6H-Notice of Application to be Made Under Part 6 of the Confiscation Act for Exclusion Order
Form 6-6J-Notice of Application to be Made Under Section 58 for Pecuniary Penalty Order
Form 6-6K-Notice of Application to be Made Under Section 63 for Pecuniary Penalty Order
Form 6-6L-Notice of Application to be Made Under Section [Insert Number] of the Confiscation Act 1997.
Form 6-6LA-Notice of Opposition to Application
Form 6-6M-Important Note
Form 6-6N-Notice of Discharge of Forfeiture
Form 6-6O-Application Under Section [insert relevant section and relevant Act] for Monitoring Order
Form 6-7A-Application for Warrant
Form 6-7B-Application for Retrieval Warrant
Form 6-7C-Application for Assistance Order
Form 6-7D-Warrant
Form 6-7E-Retrieval Warrant
Form 6-7F-Assistance Order
Form 6-7G-Endorsement of Assistance Order
Form 6-9A-Application
Form 6-10A-Notice of Application Under Section 42L of the
Evidence (Miscellaneous Provisions) Act 1958.
Form 6-10B-Notice of Application Under Section 42M, 42N or 42P
of the Evidence (Miscellaneous Provisions) Act 1958.
Form 6-11A-Application for Covert Search Warrant
Form 6-11B-Covert Search Warrant
Form 6-12A-Application for Extended Supervision Order
Form 6-12B-Extended Supervision Order
Form 6-12C-Application for Review of Extended Supervision Order
Form 6-12D-Notice of Intention to Dispute Assessment Report or
Other Report to Court of Medical Expert
Form 6-12E-Order to Attend for Examination
Form 6-12F-Notice of Appeal
Form 6-12G-Notice of Appeal
Form 6-13A-Application for Coercive Powers Order
Form 6-13B-Coercive Powers Order
Form 6-13C-Application for Issue of Witness Summons
Form 6-13D-Application for Order under section 18(2) of the Major Crime (Investigative Powers) Act 2004.
Form 6-14A-Application
Form 6-14B-Application
Form 6-14C-Order
Form 6-14D-Order
Form 6-15A-Identity Crime Certificate
Form 6-15B-Notice to Appear Under Section 89H of the Sentencing Act 1991.
__________________
SCHEDULE-Revoked Statutory Rules
---------------
ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
ORDER 1-PRELIMINARY

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