Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008

S.R. No. 12/2008
Version incorporating amendments as at 1 October 2009

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. Master 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
   1.16.   Exercise of jurisdiction by Judge of the Court or Court of
           Appeal
           ORDER 2-CRIMINAL APPEALS

   PART 1-PRELIMINARY

   2.01.   Definitions
   2.02.   Effect of non-compliance
   2.03.   Dispensing with compliance
   2.03.   1. Single judge
   2.03.   1A. Jurisdiction and powers exercisable by two Judges of
           Appeal
   2.03.   2. Legal practitioners
   2.03.   3. Notices to be signed

   PART 2-COMMENCEMENT OF APPEALS

   2.04.   Institution of appeal
   2.05.   Form of notice
   2.06.   Application for extension of time
   2.07.   No notice of appeal when leave to appeal granted
   2.07.   1. Application may be treated as appeal
   2.08.   Extension of time before Registrar
   2.08.   1. Election under section 582.
   2.09.   Full statement of grounds
   2.09.   1. Outline of submissions
   2.09.   2. Unrepresented appellant
   2.09.   3. Noncompliance with Rule 2.09 or 2.09.1.
   2.10.   Early hearing
   2.10.   1. Time
   2.11.   Amendment of notice of appeal
   2.12.   Reference on petition of mercy
   2.13.   Certificate from trial judge
   2.13.   1. Crown appeals
   2.13.   2. Abandonment

   PART 3-APPEAL WHERE FINE AND IMPRISONMENT IN DEFAULT

   2.14.   Fine paid to be retained pending appeal
   2.15.   Procedure

   PART 4-PROCEDURES

   2.16.   Pre-hearing conference
   2.17.   Transcript of trial
   2.18.   Preservation of exhibits
   2.19.   Copies of transcript, exhibits etc.
   2.20.   Return of exhibits after hearing
   2.21.   Entitlement to hearing when restitution order made
   2.22.   Property subject to restitution order
   2.23.   Custody of property of convicted person
   2.24.   Security may be ordered
   2.25.   Stay of destruction, forfeiture order
   2.26.   Certificate of conviction
   2.27.   Report from trial judge
   2.28.   Original depositions, exhibits etc.
   2.28.   1. Attendance of appellant
   2.28.   2. Written case and argument
   2.28.   3. Crown appeals

   PART 4A-OTHER APPLICATIONS TO COURT OF APPEAL

   2.28.   4. Application of Part
   2.28.   5. Application by summons
   2.28.   6. Service
   2.28.   7. Directions hearing
   2.28.   8. Court of Appeal may set aside or give directions

   PART 5-MISCELLANEOUS

   2.29.   Bail
   2.30.   Registrar to notify determination
   2.31.   Witnesses before Court of Appeal
   2.32.   Examination other than by court
   2.33.   Special commissioners
   2.34.   Transfer of prisoners
   2.35.   Duties of prison officers
           ORDER 3-PRISON SENTENCES (COUNTY COURT
           APPEALS) APPEALS RULES
   3.01.   Definition
   3.02.   Notice of intention to apply for leave
   3.03.   No notice of appeal when leave is granted
   3.04.   Service of notice
   3.05.   Procedure on hearing
   3.06.   Application may be treated as appeal
   3.07.   Obligation of prison officers
           ORDER 4-PRE-TRIAL CRIMINAL PROCEDURE RULES
   4.01.   Definitions
   4.02.   Notice by solicitor to DPP and CTLD
   4.03.   Copy presentment to be served
   4.04.   Service by post
   4.05.   Notice by solicitor to Prothonotary
   4.06.   Unrepresented accused person
   4.07.   Questionnaire
   4.08.   Costs liability
   4.09.   Case conference
           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 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
           __________________
           FORMS
           Form 6-1A-Subpoena
           Form 6-2A-Notice of Appeal
           Form 6-2B-Notice of Appeal Upon the Certificate of the Trial Judge
           Form 6-2C-Notice of Application for Leave to Appeal Against a Conviction
           Form 6-2D-Notice of Application for Leave to Appeal Against Sentence
           Form 6-2E-Application for Extension of Time within which to Lodge Notice of Appeal
           Form 6-2FA-Notification to Applicant of Registrar's Decision Under Section 582A.
           Form 6-2FB-Election to have Application for Extension of Time Determined by the Court of Appeal
           Form 6-2GA-Notification to Applicant of Single Judge's Decision Under Section 582.
           Form 6-2GB-Notice of Election under Section 582.
           Form 6-2H-Notice of Abandonment
           Form 6-2J-Trial Judge's Certificate
           Form 6-2K-Recognizance of Appellant Sentenced to Pay a Fine
           (and Surety)
           Form 6-2L-Notification of Result of Appeal or Application
           Form 6-2M-Appellant's Application for Examination of Further Witness(es)
           Form 6-2N-Notice to Witness to Attend Before Examiner
           Form 6-2P-Notice to Prisoner Who Wishes to Appeal
           Form 6-3A-Notice of Intention to Apply for Leave to Appeal against Sentence Imposed under Section 86 of the Magistrates' Court Act 1989.
           Form 6-3B-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 some other Sentence Imposed by the Magistrates'
           Court
           Form 6-4A-Notice that Solicitor Acts
           Form 6-4B-Notice that Solicitor has Ceased to Act
           Form 6-4D-Notice to Accused Person
           Form 6-4E-Questionnaire
           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 Act 1958.
           Form 6-10B-Notice of Application Under Section 42M, 42N or 42P
           of the Evidence 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
           __________________
           SCHEDULE-Revoked Statutory Rules
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details
           ORDER 1-PRELIMINARY


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