Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008

S.R. No. 12/2008
Version incorporating amendments as at  7 November 2011

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
   1.18.   General applications
           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.   Application for leave to appeal against conviction or
           sentence
   2.06.   Application may be determined by single Judge of Appeal
   2.07.   Procedure for determination of application by single
           Judge of Appeal
   2.07.   1. Revoked
   2.08.   Procedure for renewal of application
   2.08.   1. Revoked
   2.09.   Powers of determination
   2.09.   1. Application may be treated as appeal
   2.09.   2. No notice of appeal when leave is granted
   2.09.   3. Revoked
   2.10.   Revoked
   2.10.   1. Revoked
   2.11.   Revoked
   2.12.   Unrepresented appellant
   2.13.   Registrar may vacate hearing date or refer for dismissal
   2.13.   1, 2.13.2. Revoked
   2.14.   Transitional provisions-Supreme Court (Chapter VI Amendment No. 6) Rules 2011.

   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 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.   Revoked
   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

   PART 9-OTHER APPLICATIONS TO COURT OF APPEAL

   2.55.   Application of Part
   2.56.   Application by summons
   2.57.   Service
   2.58.   Directions hearing
   2.59.   Court of Appeal may set aside or give directions
           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.  Application of Order and definitions
   3A.02.  Commencement of appeal on a 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-APPEALS UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005 OTHER THAN APPEALS ON A QUESTION OF LAW
   3B.01.  Application of Order
   3B.02.  Notice of appeal and undertaking to proceed with appeal
   3B.03.  Legal practitioner to notify that he or she acts
   3B.04.  Prothonotary to fix hearing
   3B.05.  Recording of decision on appeal under section 424.
   3B.06.  Appeal by DPP against sentence
   3B.07.  Appeal by DPP under section 429A-failure to fulfil undertaking
   3B.08.  Abandonment of appeal
   3B.09.  Order striking out appeal
   3B.10.  Application to set aside order striking out appeal for failure to appear
   3B.11.  Original depositions, exhibits etc.
   3B.12.  Prothonotary to notify determination
   3B.13.  Certificate of conviction
   3B.14.  Fine and imprisonment in default-fine paid to be retained pending appeal
   3B.15.  Entitlement to hearing when restitution order or compensation order made
   3B.16.  Property subject to restitution order or compensation order
           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

   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
   4.14.   Summons or warrant when direct indictment filed
           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 (DETENTION AND SUPERVISION) RULES
   12.01.  Definition
   12.02.  Application of Order
   12.03.  Forms of application for supervision order and renewal of supervision order
   12.04.  Form of supervision order
   12.05.  Forms of application for detention order and renewal of detention order
   12.06.  Form of detention order
   12.07.  Forms of application for interim supervision order and extension of interim supervision order
   12.08.  Forms of application for interim detention order and extension of interim detention order
   12.09.  Forms of interim order and order extending interim order
   12.10.  Application for review of orders
   12.11.  Applications for leave to review orders
   12.12.  Review of conditions of supervision order or interim supervision order
   12.13.  Order for a person to attend for examination
   12.14.  Forms of notice of appeal
   12.15.  Notice of intention to dispute reports under section 113
           of the Act
   12.16.  Filing of documents
           ORDER 12A-SEX OFFENDERS REGISTRATION RULES
   12A.01. Definition
   12A.02. Forms of application for exemption from reporting requirements
   12A.03. Forms of application by Chief Commissioner of Police
   12A.04. Filing of documents
           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
   13.05.  1. Application for revocation of coercive powers order
   13.05.  2. Application objecting to disclosure or production of protected information at revocation hearing
   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.  Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act
   13.09.  Application to determine legal professional privilege
   13.10.  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 6-1B-Notice to Addressee and Declaration
           Form 6-1C-General Application
           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 6-2DA-Notification to appellant of single judge's decision to grant leave to appeal or refer application to at least two judges of appeal
           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
           Form 6-2DC-Notification to appellant of court of appeal decision on renewed application
           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
           Forms 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 6-3BA-Notice of Appeal and Undertaking to ProCeed
           Form 6-3BB-Notice of Supreme Court's Decision on Appeal
           Form 6-3BC-Notice of Appeal by DPP Against Sentence Imposed by Children's Court
           Form 6-3BD-Notice of Appeal by DPP Under section 429A of Children, Youth and Families Act 2005-Failure to Fulfil Undertaking
           Form 6-3BE-Notice of Abandonment of Appeal under section 430C of the Children, Youth and Families Act 2005.
           Form 6-3BF-Written Notice of Abandonment of Appeal-Conviction Only-section 430C(3) of the Children, Youth and Families Act 2005.
           Form 6-3BG-Order Striking Out Appeal
           Form 6-3BH-Application to Set Aside Order Striking Out Appeal for Failure to Appear
           Form 6-3BI-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.
           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 6-4G-Summons
           Form 6-4H-Warrant to Arrest
           Form 6-5A-Application for *Time to Pay a Fine
           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 Supervision Order
           Form 6-12B-Application for Renewal of Supervision Order
           Form 6-12C-Supervision Order
           Form 6-12D-Application for Detention Order
           Form 6-12E-Application for Renewal of Detention Order
           Form 6-12F-Detention Order
           Form 6-12G-Application for Interim Supervision Order
           Form 6-12H-Application for Extension of Interim Supervision Order
           Form 6-12I-Application for Interim Detention Order
           Form 6-12J-Application for Extension of Interim Detention Order
           Form 6-12K-Interim Supervision Order
           Form 6-12L-Order Extending Interim Supervision Order
           Form 6-12M-Interim Detention Order
           Form 6-12N-Order Extending Interim Detention Order
           Form 6-12O-Application by Secretary for Review of Supervision
           Order
           Form 6-12P-Application By DPP for Review of Detention Order
           Form 6-12Q-Application for Leave to Apply for Review of Supervision Order
           Form 6-12R-Application for Leave to Apply for Review of Detention Order
           Form 6-12S-Application for Leave to Apply for Review of Conditions of Supervision Order or Interim Supervision Order
           Form 6-12T-Order to Attend for Examination
           Form 6-12U-Notice of Appeal by Offender
           Form 6-12V-Notice of Appeal by Secretary to the Department of Justice
           Form 6-12W-Notice of Appeal by Director of Public Prosecutions
           Form 6-12X-Notice of Appeal Relating to Publication of
           Information
           Form 6-12Y-Notice of Intention to Dispute Assessment Report, Progress Report or Other Report to Court
           Form 6-12AA-Application for Suspension of Registrable Offender's Reporting Obligations
           Form 6-12AB-Application For New Order Suspending Registrable Offender's Reporting Obligations
           Form 6-12AC-Application by Chief Commissioner of Police for Suspension of Registrable Offender's Reporting Obligations
           Form 6-12AD-Application by Chief Commissioner of Police for Revocation of Order Suspending Registrable Offender's Reporting Obligations
           Form 6-13A-Application for Coercive Powers Order
           Form 6-13B-Coercive Powers Order
           Form 6-13BA-Application for Revocation of Coercive Powers
           Order
           Form 6-13BB-Application objecting to disclosure or production of protected information at revocation hearing for 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 6-13E-Application for extension of period of Notice Confidential Document
           Form 6-13F-Application to Determine Legal Professional Privilege
           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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