Supreme Court (Criminal Procedure) Rules 2017FILE/17-126sr006.docx · Web viewPart 7—Reference...

Version No. 006

Supreme Court (Criminal Procedure) Rules 2017

S.R. No. 126/2017

Version incorporating amendments as at25 March 2019

TABLE OF PROVISIONSRule Page

Order 1—Preliminary 1

1.01 Title and object 11.02 Authorising provisions 11.03 Commencement and revocation 21.04 Application of Rules 21.05 Definitions 21.06 Registrar of Criminal Appeals 31.06.1 Associate Judge acting for Registrar 41.07 Calculating time 41.08 Extension and abridgement 51.09 Process in vacation 51.10 Content and form of documents 51.11 Filing of documents 51.12 Subpoenas 61.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010 81.12.2 Procedure under the Vexatious Proceedings Act 2014 81.13 Authentication 91.14 Amendment of judgment or order 91.15 Effect of non-compliance and dispensing with compliance 91.16 Exercise of jurisdiction by Judge of the Court or Court of

Appeal 101.17 Notices to be signed 101.18 General applications 11

Order 1A—Electronic filing in RedCrest 12

1A.01 Application of this Order 121A.02 Definitions 131A.03 How and when a document is filed in RedCrest 131A.04 Powers of Judicial Registrar-Criminal Division and

Prothonotary 15

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1A.05 Confidentiality and privacy 17

Order 2—Criminal appeals 18

Part 1—Preliminary 18

2.01 Definitions 182.02 Single judge 192.03 Jurisdiction and powers exercisable by two Judges of

Appeal 192.04 Legal practitioners 20

Part 2—Commencement of appeals under Divisions 1 and 2 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 21

2.05 Application for leave to appeal against conviction or sentence 21

2.06 Application may be determined by single Judge of Appeal 222.07 Procedure for determination of application by single Judge

of Appeal 222.08 Procedure for renewal of application 232.09 Powers of determination 252.10 Application may be treated as appeal 252.11 No notice of appeal when leave is granted 252.12 Unrepresented appellant 252.13 Registrar may vacate hearing date or refer for dismissal 25

Part 3—Appeals under Division 3 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 26

2.15 Crown appeals 26

Part 4—Applications under Division 5 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 27

2.16 Refusal to reserve question of law—application to show cause 27

2.17 Applicant to file affidavit 28

Part 5—Appeals under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 28

2.17.1 Application of this Part 282.18 Commencement of appeal against finding that accused is

unfit to stand trial 282.19 Commencement of appeal against verdict of not guilty

because of mental impairment 292.20 Application may be treated as appeal 292.21 No notice of appeal when leave is granted 29

Part 6—Applications under Division 7 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 30

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2.22 Application for extension of time 302.23 Extension of time before Registrar 302.24 Extension of time—application under section 313(2) 312.25 Application under section 315—refusal of Judge of Appeal

to exercise powers 31

Part 7—Reference to Court of Appeal on petition of mercy 32

2.26 Reference on petition of mercy 32

Part 8—Procedures 32

2.27 Time 322.28 Fine and imprisonment in default—fine paid to be retained

pending appeal 332.29 Procedure for appeal where fine and imprisonment in

default 332.30 Pre-hearing conference 352.31 Transcript of trial 352.32 Preservation of exhibits 362.33 Copies of transcript, exhibits etc. 362.34 Return of exhibits after hearing 372.35 Certificate of conviction 372.36 Attendance of appellant 382.37 Bringing appellant in custody before the Court 382.38 Bail 392.39 Registrar to notify determination 392.40 Notice of abandonment 392.41 Abandonment 402.42 Report from trial judge 402.43 Original depositions, exhibits etc. 412.44 Witnesses before Court of Appeal—section 318 412.45 Examination other than by court under section 318(2) 422.46 Special commissioners—section 320 432.47 Entitlement to hearing when restitution order or

compensation order made 442.48 Property subject to restitution order or compensation order 452.49 Security may be ordered 452.50 Property subject to order for forfeiture or destruction 452.51 Custody of property of convicted person 462.52 Transfer of prisoners 462.53 Duties of prison officers 462.54 Obligation of prison officers—section 283 appeals 48

Part 9—Other applications to Court of Appeal 48

2.55 Application of Part 482.56 Application by summons 492.57 Service 492.58 Directions hearing 49

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2.59 Court of Appeal may set aside or give directions 49

Order 3—Interlocutory appeals under the Criminal Procedure Act 2009 50

3.01 Application of Order 503.02 Definitions 503.03 Commencement of interlocutory appeal—section 295 503.04 Commencement of application for review of refusal to

certify—section 296 503.05 Appellant to file affidavit 513.06 Application for leave may be treated as appeal or review 52

Order 3A—Appeals on a question of law 53

Part 1—General 53

3A.01 Application of Order and definitions 533A.02 Commencement of appeal on a question of law 533A.03 Notice of appeal 543A.04 Appellant to file affidavit 553A.05 Directions 563A.07 Stay 573A.08 Delay and expedition 573A.09 Report 58

Part 2—Authority of Associate Judge under this Order 58

3A.10 Authority of Associate Judge to hear applications or matters 58

3A.11 Reference by Judge of the Court to Associate Judge 583A.12 Appeal to a Judge of the Court from Associate Judge 593A.13 Appeal from Associate Judge to the Court of Appeal 59

Part 3—Authority of judicial registrar under this Order 60

3A.14 Authority of judicial registrar to hear applications or matters 60

3A.15 Reference of application or matter to judicial registrar 613A.16 Reference of appeal to judicial registrar 623A.17 Appeal from determination by judicial registrar 623A.18 Judicial registrar may act for another 63

Order 3B—Appeals under the Children, Youth and Families Act 2005 other than appeals on a question of law 64

3B.01 Application of Order 643B.02 Notice of appeal and undertaking to proceed with appeal 643B.03 Legal practitioner to notify that practitioner acts 643B.04 Prothonotary to fix hearing 653B.05 Recording of decision on appeal under section 424 653B.06 Appeal by DPP against sentence 66

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3B.07 Appeal by DPP under section 429A—failure to fulfil undertaking 67

3B.08 Abandonment of appeal 673B.09 Order striking out appeal 673B.10 Application to set aside order striking out appeal for failure

to appear 673B.11 Original depositions, exhibits etc. 683B.12 Prothonotary to notify determination 683B.13 Certificate of conviction 693B.14 Fine and imprisonment in default—fine paid to be retained

pending appeal 693B.15 Entitlement to hearing when restitution order or

compensation order made 703B.16 Property subject to restitution order or compensation order 70

Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 71

3C.01 Application of Order 3C 713C.02 Appeal by child against finding of unfitness to be tried 713C.03 Appeal by child against finding of not guilty because of

mental impairment 713C.04 Appeal by DPP against order for unconditional release 713C.05 Appeal by child against supervision order 713C.06 Appeal by DPP, Attorney-General or Secretary to the

Department of Health and Human Services against supervision order 72

3C.07 Affidavit in support 723C.08 Children's Court recording officer to give Court documents

when required 73

Order 3D—Appeals to Trial Division under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 74

3D.01 Application of this Order 743D.02 Definitions 743D.03 Notice of appeal by offender 743D.04 Appeals by DPP against sentence or failure to fulfil

undertaking 753D.05 Prothonotary to fix date for hearing of appeal 753D.06 Abandonment of appeal 763D.07 Written notice of abandonment of appeal—conviction only 763D.08 Application to set aside an order striking out appeal for

failure to appear 763D.09 Recording and notification of result of appeal 763D.10 Legal practitioner to notify that practitioner acts 77

Order 4—Criminal Procedure rules 78

Part 1—Pre-trial criminal procedure 78

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4.01 Definitions 784.03 Notice to accompany copy indictment—no legal

practitioner representing accused 784.04 Notice by legal practitioner to DPP and Judicial Registrar-

Criminal Division 784.05 Notice by legal practitioner to Prothonotary 794.06 Unrepresented accused 804.07 Case conference 80

Part 2—Notices under the Act and general matters 82

4.09 Commonwealth DPP 824.10 DPP to specify sections in notice given under the Act 824.11 Notice of alibi 824.12 Recording of time and date of arraignment 824.13 Notice of intention to plead guilty to remaining charges in

indictment 834.14 Summons or warrant when direct indictment filed 83

Part 3—Authority of judicial registrars under this Order 83

4.15 Authority of judicial registrar at directions hearings 834.16 Limitations on authority of judicial registrar 844.17 Further authority of judicial registrars 844.18 Judicial registrar may constitute Trial Division of Court 864.19 Appeal from determination by a judicial registrar under

this Order 864.20 Judicial registrar may act for another 86

Order 5—Payment of fines rules 87

Part 1—Payment of fines—Sentencing Act 1991 87

5.01 Definitions 875.02 Proper officer 875.03 Application 875.04 Application operates as stay 875.05 Consideration of application 885.06 Service of copy order 885.07 Enforcement of fines against a natural person 885.08 Enforcement of fine against body corporate 88

Part 2—Applications under the Sheriff Act 2009 89

5.09 Application for reinstatement of certain money warrants 895.10 Filing and service of summons 89

Order 6—Confiscation of property and proceeds of crime 90

Part 1—Preliminary matters 90

6.01 Definitions 90

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6.02 Application of this Order 906.03 Notice by legal practitioner 90

Part 2—Applications under the Confiscation Act 1997 91

6.04 Making of application to the Court 916.05 Notice and service generally 916.06 Applications for restraining orders 916.07 Applications for monitoring orders 926.08 Application without notice under the Act 926.09 Form of certain applications and notices of application 926.10 Filing and directions 936.11 Notice by person contesting an application 946.12 Evidence 946.13 Notice of order or declaration 956.14 Notice of discharge 966.15 Interstate order 976.16 Examination under section 98(2) of the Act 97

Part 3—Applications under the Commonwealth Act 97

6.17 Making of application to the Court under the Commonwealth Act 97

6.18 Notice and service under the Commonwealth Act 976.19 Applications for restraining orders and other applications

under the Commonwealth Act 986.20 Applications for monitoring orders under the

Commonwealth Act 986.21 Filing and directions 986.22 Notice by person contesting an application under the

Commonwealth Act 996.23 Evidence 996.24 Notice of order or declaration under Commonwealth Act 99

Order 7—Surveillance devices rules 100

7.01 Definition 1007.02 Application of Order 1007.03 Forms of application 1007.04 Filing and service of documents 1007.05 Form of surveillance device warrants 1007.06 Form of retrieval warrant 1007.07 Assistance orders 1017.08 Reports under section 30K 101

Order 9—Witness protection rules 103

9.01 Definition 1039.02 Application of Order 1039.03 Application 1039.04 Filing and service of documents 103

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Order 10—Applications for the use of audio visual links and audio links 104

10.01 Definition 10410.02 Application under section 42E of the Act 10410.03 Application under section 42L of the Act 10410.04 Application under section 42M of the Act 10410.05 Application under section 42N of the Act 10510.06 Application under section 42P of the Act 105

Order 11—Terrorism (Community Protection) rules 106

11.01 Definition 10611.02 Application of Order 10611.03 Form of application to Court 10611.04 Filing of documents 10611.05 Form of warrant 106

Order 12—Serious Offenders rules 107

12.01 Definitions 10712.02 Application of Order 10712.03 Application for supervision order and renewal of

supervision order 10712.04 Supervision order 10712.05 Notice of application for declaration that a condition is a

restrictive condition 10812.06 Notice of application to extend intensive treatment and

supervision condition 10812.07 Notice of application for interim supervision order and

extension of interim supervision order 10812.08 Interim supervision order and order extending interim

supervision order 10812.09 Notice of application for detention order and renewal of

detention order 10812.10 Detention order 10912.11 Notice of application for interim detention order and

extension of interim detention order 10912.12 Interim detention order and order extending interim

detention order 10912.13 Notice of application for emergency detention order 10912.14 Emergency detention order 10912.15 Warrant to detain 10912.16 Notice of application for review of orders 11012.17 Application for leave to review supervision order 11012.18 Application for leave to review detention order 110

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12.19 Notice of application for detention order and interim detention order during review of supervision order 110

12.20 Notice of application for review of conditions of supervision order or interim supervision order 110

12.21 Notice of application for review of intensive treatment and supervision condition 111

12.22 Notice of appeal 11112.23 Order for a person to attend for examination 11112.24 Notice of intention to dispute report 11112.25 Filing of documents 112

Order 12A—Sex Offenders Registration rules 113

12A.01 Definition 11312A.02 Forms of application for exemption from reporting

requirements 11312A.03 Forms of application by Chief Commissioner of Police 11312A.04 Filing of documents 114

Order 13—Major Crime (Investigative Powers) rules 115

13.01 Definition 11513.02 Application of Order 11513.03 Applications made under this Order 11513.04 Form of application for coercive powers order or extension

or variation of order 11513.05 Form of order 11513.05.1 Application for revocation of coercive powers order 11513.05.2 Application objecting to disclosure or production

of protected information at revocation hearing 11613.06 Form of application for witness summons 11613.07 Form of application for order to bring person in custody

before Chief Examiner 11613.08 Application for extension of period to protect matters

specified in section 20(8F)(a) to (d) of the Act 11613.09 Application to determine legal professional privilege 11613.10 Filing of documents 116

Order 14—Assumed identity rules 117

14.01 Definition 11714.02 Application of Order 11714.03 Applications made under this Order 11714.04 Forms of application under the Act 11714.05 Filing of documents 11714.06 Forms of order 118

Order 15—Identity crime rules 119

15.01 Identity crime certificate 11915.02 Notice to prosecutor to assist 119

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Order 16—Procedure under the Open Courts Act 2013 120

16.01 Definitions 12016.02 Notice of application for suppression order 120

Form 6–1A—Subpoena to attend to give evidence 121

Form 6–1B—Subpoena to produce 124

Form 6–1C—Subpoena both to attend to give evidence and to produce 129

Form 6–1BA—Subpoena to give evidence (New Zealand) 134

Form 6–1BB—Subpoena to produce documents (New Zealand) 140

Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand) 148

Form 6–1D—General application 157

Form 6–2A—Notice of application for leave to appeal against conviction 158

Form 6–2B—Notice of application for leave to appeal against sentence 161

Form 6–2C—Notice of application for leave to appeal under section 283 of Criminal Procedure Act 2009 164

Form 6–2D—Notification to applicant of single Judge's decision 166

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 167

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 169

Form 6-2DC—Notification to appellant of Court of Appeal decision on renewed application 171

Form 6–2E—Application under section 304 of Criminal Procedure Act 2009 173

Form 6–2F—Notice of application for leave to appeal against finding of unfitness to stand trial 174

Form 6–2G—Notice of application for leave to appeal against mental impairment verdict 177

Form 6–2H—Application for extension to time to file/serve notice of appeal or notice of application for leave to appeal 180

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Form 6–2I—Notification to applicant of Registrar's decision under section 313 of Criminal Procedure Act 2009 182

Form 6–2J—Election to have extension of time determined by Court of Appeal 183

Form 6–2K—Election to have application under section 315 of Criminal Procedure Act 2009 determined by Court of Appeal 184

Form 6–2L—Recognizance of appellant sentenced to pay fine and surety 185

Form 6–2M—Notification of result of appeal or application 187

Form 6–2N—Notice of abandonment 188

Form 6–2O—Appellant's application for examination of further witnesses 189

Form 6–2P—Notice to witness to attend before examiner 190

Form 6–2Q—Notice to prisoner who wishes to appeal 191

Form 6–2R—Information for persons on whom sentence of imprisonment has been imposed by County Court on appeal from Magistrates' Court 192

Form 6–3A—Notice of application for leave to appeal against interlocutory decision 193

Form 6–3B—Notice of application for review of refusal to certify under section 295(3) of Criminal Procedure Act 2009 195

Form 6–3BA—Notice of appeal and undertaking to proceed 196

Form 6–3BB—Notice of Supreme Court's decision on appeal 198

Form 6–3BC—Notice of appeal by DPP against sentence imposed by Children's Court 199

Form 6–3BD—Notice of appeal by DPP under section 429A of Children, Youth and Families Act 2005 200

Form 6–3BE—Notice of abandonment of appeal under section 430C of Children, Youth and Families Act 2005 202

Form 6–3BF—Written notice of abandonment of appeal— conviction only 203

Form 6–3BG—Order striking out appeal 204

Form 6–3BH—Application to set aside order striking our appeal for failure to appear 205

Form 6–3BI—Notification of result of appeal 206

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Form 6–3CA—Notice of appeal by child against finding of unfitness to be tried 207

Form 6–3CB—Notice of appeal by child against finding of not guilty because of mental impairment 209

Form 6–3CC—Notice of appeal by DPP against order for unconditional release 211

Form 6–3CD—Notice of appeal by child against supervision order 213

Form 6–3CE—Notice of appeal by DPP/Attorney-General/Secretary to Department of Health and Human Services against supervision order 215

Form 6–3DA—Notice of appeal 217

Form 6–3DB—Notice under section 255(6) of Criminal Procedure Act 2009 for proposed appellant 221

Form 6–3DC—Notice of appeal under section 257 of Criminal Procedure Act 2009 222

Form 6–3DD—Notice of appeal under section 260 of Criminal Procedure Act 2009 224

Form 6–3DE—Notice of abandonment of appeal 226

Form 6–3DF—Written notice of abandonment of appeal— conviction only 228

Form 6–3DG—Application to set aside order striking out appeal for failure to appear 230

Form 6–3DH—Result of appeal form 232

Form 6–4A—Notice to accused under section 171 of Criminal Procedure Act 2009 233

Form 6–4B—Notice that legal practitioner acts 234

Form 6–4C—Notice that legal practitioner has ceased to act 235

Form 6–4E—Notice of alibi 237

Form 6–4F—Notice of intention to plead guilty to one or more remaining charges in indictment 238

Form 6–4G—Summons 239

Form 6–4H—Warrant to arrest 240

Form 6–5A—Application for instalment order and other orders 242

Form 6–5B—Notice about procedure for enforcement of fines 244

Form 6–5E—Summons for failure to pay fine 246

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Form 6–5F—Notice about procedure for enforcement of fine (bodies corporate) 248

Form 6–5G—Summons—Application under section 28 of Sheriff Act 2009 249

Form 6–6A—Application for restraining order 250

Form 6–6AB—Application for civil forfeiture restraining order 253

Form 6–6AC—Application for unexplained wealth restraining order 255

Form 6–6B—Notice of application 257

Form 6–6C—Application for exclusion order 259

Form 6–6D—Application for further orders 262

Form 6–6E—Application for forfeiture order 264

Form 6–6F—Application for civil forfeiture order 266

Form 6–6FA—Application for section 40B exclusion order or section 40ZD exclusion order 268

Form 6–6G—Application for relief for undue hardship 270

Form 6–6GA—Application for relief from automatic forfeiture of property of serious drug offender 272

Form 6–6H—Application under Part 6 of Confiscation Act 1997 for exclusion order 274

Form 6–6J—Application for pecuniary penalty order 276

Form 6–6L—Application under specified section of Confiscation Act 1997 279

Form 6–6LA—Notice of contest of application 281

Form 6–6M—Notice of restraining order 282

Form 6–6N—Notice of discharge of forfeiture 284

Form 6–6O—Application for monitoring order 286

Form 6–6P—Application under Proceeds of Crime Act 2002 of the Commonwealth for restraining order 288

Form 6–6Q—Application under Proceeds of Crime Act 2002 of the Commonwealth for unexplained wealth restraining order 291

Form 6–6R—Application under Proceeds of Crime Act 2002 of the Commonwealth for monitoring order 293

Form 6–6S—Notice of contest of application 295

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Form 6–7A—Application for warrant 296

Form 6–7B—Application for retrieval warrant 298

Form 6–7C—Application for assistance order 300

Form 6–7D—Surveillance device warrant 302

Form 6–7E—Retrieval warrant 305

Form 6–7F—Assistance order 308

Form 6–7G—Endorsement of assistance order 309

Form 6–9A—Application 310

Form 6–10A—Notice of application under section 42L of Evidence (Miscellaneous Provisions) Act 1958 311

Form 6–10B—Notice of application for audio visual link appearance 312

Form 6–11A—Application for covert search warrant 314

Form 6–11B—Covert search warrant 315

Form 6–12A—Notice of application for supervision order 317

Form 6–12B—Notice of application for renewal of supervision order 320

Form 6–12C—Supervision order 323

Form 6–12D—Notice of application for declaration that condition is a restrictive condition 326

Form 6–12E—Notice of application to extend intensive treatment and supervision condition 328

Form 6–12F—Notice of application for interim supervision order 330

Form 6–12G—Notice of application for extension of interim supervision order 333

Form 6–12H—Interim supervision order 336

Form 6–12I—Order extending interim supervision order 339

Form 6–12J—Notice of application for detention order 340

Form 6–12K—Notice of application for renewal of detention order 342

Form 6–12L—Detention order 344

Form 6–12M—Detention order (renewed) 346

Form 6–12N—Notice of application for interim detention order 348

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Form 6–12O—Notice of application for extension of interim detention order 351

Form 6–12P—Interim detention order 354

Form 6–12Q—Order extending interim detention order 355

Form 6–12R—Notice of application for emergency detention order 356

Form 6–12S—Emergency detention order 358

Form 6–12T—Warrant to detain 359

Form 6–12U—Notice of application by Secretary for review of supervision order 361

Form 6–12V—Notice of application by DPP for review of detention order 362

Form 6–12W—Notice of application for leave to apply for review of supervision order 363

Form 6–12X—Notice of application under sections 102(1) and 112 of the Serious Offenders Act 2018 for review of supervision order on ground of statutory amendments to core conditions 364

Form 6–12Y—Notice of application for leave to apply for review of detention order 366

Form 6–12Z—Notice of application for leave to apply for review of conditions of supervision order or interim supervision order 367

Form 6–12ZA—Notice of application by Secretary for review of intensive treatment and supervision condition 369

Form 6–12ZB—Notice of appeal by offender 370

Form 6–12ZC—Notice of appeal by Secretary to Department of Justice and Regulation 373

Form 6–12ZD—Notice of appeal by DPP 376

Form 6–12ZE—Notice of appeal relating to publication of information 378

Form 6–12ZF—Order to attend for examination 379

Form 6–12ZG—Notice of intention to dispute reports to Court 380

Form 6–12AA—Application for suspension of registrable offender's reporting obligations 381

Form 6–12AB—Application for new order suspending registrable offender's reporting obligations 382

Form 6–12AC—Application by Chief Commissioner of Police for suspension of registrable offender's reporting obligations 383

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Form 6–12AD—Application by Chief Commissioner of Police for revocation of order suspending registrable offender's reporting obligations 384

Form 6–12AE—Application by Chief Commissioner of Police for new order suspending registrable offender's reporting obligations 385

Form 6–13A—Application for coercive powers order 387

Form 6–13B—Coercive powers order 389

Form 6–13BA—Application for revocation of coercive powers order 391

Form 6–13BB—Application objecting to disclosure or production of protected information at revocation hearing for of coercive powers order 392

Form 6–13C—Application for issue of witness summons 394

Form 6–13D—Application for order under section 18(2) of Major Crime (Investigative Powers) Act 2004 396

Form 6–13E—Application for extension of period of notice—confidential document 397

Form 6–13F—Application to determine legal professional privilege 398

Form 6–14A—Application under section 10 of Crimes (Assumed Identities) Act 2004 399

Form 6–14B—Application under section 12 of Crimes (Assumed Identities) Act 2004 400

Form 6–14C—Order under section 10 of Crimes (Assumed Identities) Act 2004 401

Form 6–14D—Order under section 12 of Crimes (Assumed Identities) Act 2004 402

Form 6–15A—Identity crime certificate 403

Form 6–15B—Notice to appear under section 89H of Sentencing Act 1991 404

Form 6–16A—Notice of application for suppression order 405

Schedule 1—Revoked statutory rules 406

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Endnotes 408

1 General information 408

2 Table of Amendments 410

3 Amendments Not in Operation 411

4 Explanatory details 412

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Version No. 006

Supreme Court (Criminal Procedure) Rules 2017

S.R. No. 126/2017

Version incorporating amendments as at25 March 2019

The Judges of the Supreme Court make the following Rules:

Order 1—Preliminary1.01 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.

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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;

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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;

RedCrest means the electronic filing system in operation in the Court from time to time;

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.

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Rule 1.05(1) def. of RedCrest inserted by S.R. No. 21/2019 rule 4.

(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.

(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.

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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.

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 paragraphs (2) and (5), a document in a proceeding to which these Rules relate is filed by filing it—

(a) in the office of the Prothonotary, unless the Court otherwise orders or the Judicial Registrar-Criminal Division allows; or

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Rule 1.11(1) amended by S.R. No. 21/2019 rule 5(1).

Rule 1.11(1)(a) substituted by S.R. No. 21/2019 rule 5(2).

(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 in accordance with this Rule is not open for inspection unless the Court or the Prothonotary, Deputy Prothonotary or Registrar (as the case requires) so directs.

(5) Nothing in this Rule applies to a document in a proceeding to which these Rules relate which is required to be filed in RedCrest in accordance with Order 1A.

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.

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Rule 1.11(4) amended by S.R. No. 21/2019 rule 5(3).

Rule 1.11(5) inserted by S.R. No. 21/2019 rule 5(4).

(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.

(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.

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(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—

(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.

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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.

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.

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(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 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 or applicant;

(b) by a legal practitioner on behalf of the appellant or applicant; or

(c) by a barrister on behalf of the appellant or applicant.

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Rule 1.17(a) amended by S.R. No. 21/2019 rule 6.

Rule 1.17(b) amended by S.R. No. 21/2019 rule 6.

Rule 1.17(c) amended by S.R. No. 21/2019 rule 6.

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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Order 1A—Electronic filing in RedCrest

1A.01 Application of this Order

This Order applies to the filing of a document in any proceeding to which these Rules relate other than—

(a) a document in a proceeding in the Court of Appeal;

(b) a document in a proceeding under the Surveillance Devices Act 1999 to which Order 7 applies;

(c) a document in a proceeding under the Witness Protection Act 1991 to which Order 9 applies;

(d) a document in a proceeding under the Terrorism (Community Protection) Act 2003 to which Order 11 applies;

(e) a document in a proceeding under the Major Crime (Investigative Powers) Act 2004 to which Order 13 applies;

(f) a document in a proceeding under the Crimes (Assumed Identities) Act 2004 to which Order 14 applies;

(g) a document in a proceeding to which Order 15 applies (identity crime rules);

(h) a document in any of the following—

Order 1A (Heading and rules 1A.01–1A.05) inserted by S.R. No. 21/2019 rule 7.

Rule 1A.01 inserted by S.R. No. 21/2019 rule 7.

Form 6–12ZG—Notice of intention to dispute reports to Court

Supreme Court (Criminal Procedure) Rules 2017S.R. No. 126/2017

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(i) a proceeding under the Australian Crime Commission Act 2002 of the Commonwealth;

(ii) applications under section 56B of the Corrections Act 1986 for a police custody transfer order under section 56D of that Act;

(iii) applications under section 91, 100 or 125 of the Independent Broad-based Anti-corruption Commission Act 2011;

(iv) applications under the Service and Execution of Process Act 1992 of the Commonwealth made by the Chief Examiner within the meaning of section 3 of the Major Crime (Investigative Powers) Act 2004 or the IBAC within the meaning of section 3 of the Independent Broad-based Anti-corruption Commission Act 2011.

Note

A document under Order 6 is filed in the Common Law Division pursuant to Rule 28A.01 of Chapter I (RedCrest).

1A.02 Definitions

In this Order—

authorised person means a person who has been issued with a username and password to access RedCrest by the Prothonotary or otherwise provided with access to RedCrest;

seal means seal with the seal of the Court.

1A.03 How and when a document is filed in RedCrest

(1) Subject to paragraphs (2) and (3), a document, including an indictment under section 159(1) of





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the Criminal Procedure Act 2009, to be filed in the Court in accordance with this Order is to be submitted by an authorised person in RedCrest in—

(a) a pdf version; or

(b) any other form approved by the Judicial Registrar-Criminal Division or the Prothonotary.

(2) An indictment may be brought before a Judge of the Court or the Judicial Registrar-Criminal Division to be filed.Note

See section 161 of the Criminal Procedure Act 2009 in relation to direct indictments.

(3) The Court may order or the Judicial Registrar-Criminal Division or the Prothonotary may direct that a document be filed in any manner that the Court, the Judicial Registrar-Criminal Division or the Prothonotary considers appropriate.

(4) A document is taken to be filed—

(a) if it is submitted in RedCrest and sealed by the Judicial Registrar-Criminal Division or the Prothonotary, when it was first submitted in RedCrest for filing in accordance with paragraph (1);

(b) if, in accordance with paragraph (2), an indictment is accepted for filing by a Judge of the Court or the Judicial Registrar-Criminal Division, when it is sealed by an Associate of the Judge or by an Associate of the Judicial Registrar-Criminal Division; or

(c) if, in accordance with paragraph (3), it is filed in accordance with a direction of a Judge of the Court, the Judicial



14

Registrar-Criminal Division or the Prothonotary, when it is sealed.

(5) A document filed in a proceeding to which this Order applies is not open for inspection unless the Court, the Judicial Registrar-Criminal Division, the Prothonotary, or a Deputy Prothonotary so directs.

1A.04 Powers of Judicial Registrar-Criminal Division and Prothonotary

(1) The Judicial Registrar-Criminal Division or the Prothonotary may refuse to seal a document submitted in RedCrest to be filed until satisfied that the document—

(a) complies with the Rules; or

(b) complies with an order of the Court.

(2) The Judicial Registrar-Criminal Division or the Prothonotary may reject a document if the Judicial Registrar-Criminal Division or the Prothonotary (as the case requires) considers that—

(a) a document, if it were sealed, would be substantially irregular or constitute an abuse of process; or

(b) there has been a failure to comply with the Rules, an order of the Court or a direction of the Judicial Registrar-Criminal Division or the Prothonotary after a reasonable opportunity to do so.

(3) If the Judicial Registrar-Criminal Division or the Prothonotary—

(a) refuses to seal a document; or

(b) rejects the document—

the Judicial Registrar-Criminal Division or the Prothonotary shall send an electronic




15

communication to the authorised person advising—

(c) that the document has not been accepted for filing; and

(d) the reason it was not accepted for filing.

(4) If the Judicial Registrar-Criminal Division or the Prothonotary—

(a) fails to seal a document within a reasonable time; or

(b) refuses to seal a document; or

(c) rejects a document—

the Court may—

(d) direct the Judicial Registrar-Criminal Division or the Prothonotary to seal the document with a filing date, being the date the document was first submitted in RedCrest for filing;

(e) direct the Judicial Registrar-Criminal Division or the Prothonotary to seal the document with a filing date, being the date the document is so sealed;

(f) make any other order or give any direction that it considers appropriate.

(5) The Prothonotary may—

(a) refuse to issue a person with a username and password;

(b) cancel a username and password;

(c) impose or vary conditions on the use of a username and password.

(6) The Court may give any direction to the Prothonotary that it considers appropriate in



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relation to any case in which the Prothonotary exercises a power under paragraph (5).

1A.05 Confidentiality and privacy

The Court may make any order it thinks fit as to confidentiality and privacy in relation to the filing of documents in accordance with this Order in RedCrest, including directing that particular documents or classes of documents be filed in RedCrest in a redacted form.




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Order 2—Criminal appeals

Part 1—Preliminary2.01 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 20092.05 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—



25

(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 20092.15 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.



26

(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 20092.16 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 19972.17.1 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 20092.22 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—



31

(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—Procedures2.27 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.



33

(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.



34

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



35

(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);



36

(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.



37

(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.



38

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



39

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.



40

(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.



41

(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.



42

(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.



43

(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—



44

(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



45

(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;



46

(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



47

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 Appeal2.55 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.


(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—




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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

Part 1—General3A.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.

Notes

Section 272(3) of the Act 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.

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.

Order 3A Pt 1 (Heading) inserted by S.R. No. 32/2018 rule 25.

Note to rule 3A.02 substituted as Notes by S.R. No. 32/2018 rule 26.



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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 signed by the appellant or the appellant's legal practitioner;

(b) set out or state—

(i) whether leave to appeal is required;

(ia) 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—

Rule 3A.03(1)(a) amended by S.R. No. 32/2018 rule 27(1).

Rule 3A.03(1)(b)(i) substituted by S.R. No. 32/2018 rule 27(2).

Rule 3A.03(1)(b)(ia) inserted by S.R. No. 32/2018 rule 27(2).



54

(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.

(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.


(a) a copy of the order under appeal; and

(b) a copy of any reasons given for the order—



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3A.05 Directions

(1) Within seven days after filing notice of appeal the appellant shall apply on summons for directions and, if necessary, for leave to appeal.

(2) The application under paragraph (1) 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 copy of the affidavit filed under Rule 3A.04 and any exhibit.

(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 Court is satisfied that the hearing of the summons should be expedited, the Court may, of its own motion or on application, bring the summons on for hearing.

(6) Subject to paragraphs (7), (8) and (9), on the return of the summons, the Court shall give directions with respect to the appeal.

(7) If leave to appeal is required, the Court may, as appropriate—

(a) direct that the application for leave to appeal be heard and determined by the Court which, if leave is granted, is to hear and determine the appeal; or

(b) hear and determine the application for leave to appeal.

(8) If leave to appeal is refused, the Court shall dismiss the appeal.

Rule 3A.05 substituted by S.R. No. 32/2018 rule 28.



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(9) The Court 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.

* * * * *

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.

Rule 3A.06 revoked by S.R. No. 32/2018 rule 29.



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(2) The Court may set aside any order made under paragraph (1) on the application of any person affected.

* * * * *

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.

* * * * *

Part 2—Authority of Associate Judge under this Order

3A.10 Authority of Associate Judge to hear applications or matters

Notwithstanding Rule 1.16, an Associate Judge may hear and determine any application or matter under Rule 3A.03(2)(b) or (4), 3A.05, 3A.07, 3A.08 or 3A.09.

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.

Rule 3A.08(3) revoked by S.R. No. 32/2018 rule 30.

Rule 3A.10 revoked by S.R. No. 32/2018 rule 31.

Order 3A Pt 2 (Heading and new rule 3A.10) inserted by S.R. No. 32/2018 rule 32.

New rule 3A.10 inserted by S.R. No. 32/2018 rule 32.



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(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.

(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 from Associate Judge

(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 from Associate Judge 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

Rule 3A.12 (Heading) amended by S.R. No. 32/2018 rule 33.

Rule 3A.13 (Heading) amended by S.R. No. 32/2018 rule 34.



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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

(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.

Part 3—Authority of judicial registrar under this Order

3A.14 Authority of judicial registrar to hear applications or matters

(1) Notwithstanding Rule 1.16, a judicial registrar may hear and determine any application or matter under Rule 3A.03(2)(b) or (4), 3A.05

Order 3A Pt 3 (Heading and rules 3A.14–3A.18) inserted by S.R. No. 32/2018 rule 35.




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(except paragraphs (7)(b), (8) and (9)), 3A.07, 3A.08 or 3A.09.

(2) In hearing and determining an application or matter referred to in paragraph (1)—

(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 an application or matter are delegated to the judicial registrar.

3A.15 Reference of application or matter to judicial registrar

(1) Notwithstanding Rule 1.16, if an application or matter under this Order is before a Judge of the Court or an Associate Judge, and the application or matter would not otherwise be within the authority of a judicial registrar, and the application or matter appears to the Judge or the Associate Judge to be proper for the determination of a judicial registrar, the Judge or the Associate Judge, by order, may refer the application or matter to a judicial registrar.

(2) If a Judge of the Court or an Associate Judge refers an application or matter to a judicial registrar under paragraph (1), the judicial registrar may—

(a) hear and determine the application or matter, subject to any directions in the order referring the application or matter; or

(b) refer the application or matter back to the Judge or Associate Judge for determination.

(3) In hearing and determining an application or matter referred by a Judge of the Court or Associate Judge to a judicial registrar—




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(a) the judicial registrar constitutes the Trial Division of the Court for that purpose; and

(b) subject to any directions in the order referring the application or matter, all the powers of the Trial Division of the Court in relation to the hearing and determination of such an application or matter are delegated to the judicial registrar.

3A.16 Reference of appeal to judicial registrar

(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 a judicial registrar, the Judge of the Court, by order, may refer the appeal to a judicial registrar.

(2) If a Judge of the Court refers an appeal to a judicial registrar, the judicial registrar 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.

(3) In hearing and determining an appeal referred by a Judge of the Court to a judicial registrar—

(a) the judicial registrar constitutes the Trial Division of the Court for that purpose; and

(b) subject to any directions in the order referring the appeal, all the powers of the Trial Division of the Court in relation to the hearing and determination of such an appeal are delegated to the judicial registrar.

3A.17 Appeal from determination by judicial registrar

(1) In this Rule, a reference to a determination includes a reference to a judgment, order or direction.





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(2) This Rule applies to any determination given or made by the Trial Division of the Court constituted by a judicial registrar (including a determination in or in relation to an application, matter or appeal referred to a judicial registrar under Rule 3A.15 or Rule 3A.16).

(3) For the purposes of section 113M of the Supreme Court Act 1986, an appeal from a 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.

3A.18 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 3B—Appeals under the Children, Youth and Families Act 2005 other than

appeals on a question of law3B.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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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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(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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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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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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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.



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Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment

and Unfitness to be Tried) Act 19973C.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.



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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.


(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—


(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.



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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.



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Order 3D—Appeals to Trial Division under Part 6.1 of Chapter 6 of the

Criminal Procedure Act 20093D.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



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—



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(i) of or above the rank of sergeant; or

(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



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Rule 3D.10 of the date and place of hearing within a reasonable time before the hearing.

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.



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Order 4—Criminal Procedure rules

Part 1—Pre-trial criminal procedure4.01 Definitions



* * * * *

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.

Note

See Rule 1A.03(1) regarding submitting an indictment in RedCrest for filing and Rule 1A.03(2) regarding filing an indictment in the Court before a Judge or the Judicial Registrar-Criminal Division.

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—

Rule 4.02 revoked by S.R. No. 21/2019 rule 8.

Note to rule 4.03 inserted by S.R. No. 21/2019 rule 9.



78

(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 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,



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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 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



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(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—

(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



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(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.

Part 2—Notices under the Act and general matters4.09 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



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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 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.



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(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—

* * * * *

(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

(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;

Rule 4.16(a) revoked by S.R. No. 168/2018 rule 10.



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(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.

(3) A judicial registrar may constitute the Court for the purposes of making an order to bring an accused or 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.

Note

See also Order 84 of Chapter I and in particular the powers in Rule 84.03 of Chapter I for a Judge of the Court to refer a matter to a judicial registrar.

Rule 4.17(3) amended by S.R. No. 33/2018 rule 6.

Note to rule 4.17(3) inserted by S.R. No. 21/2019 rule 10.



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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.

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 19915.01 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 20095.09 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 matters6.01 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 Act6.17 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.



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Order 7—Surveillance devices rules7.01 Definition

In this Order, the Act means the Surveillance Devices Act 1999.


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.



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Order 9—Witness protection rules9.01 Definition

In this Order, the Act means the Witness Protection Act 1991.


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




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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;





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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;



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;





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Order 11—Terrorism (Community Protection) rules

11.01 Definition

In this Order, the Act means the Terrorism (Community Protection) Act 2003.


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.



(a) be filed before the application is made with the Associate to the Judge of the Court from whom the warrant is sought; and


11.05 Form of warrant

A covert search warrant shall be in Form 6–11B.



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Order 12—Serious Offenders rules

12.01 Definitions

In this Order, the Act means the Serious Offenders Act 2018.


This Order applies to—

(a) a proceeding in the Court under Part 3, 4, 5, 6, 7 or 8 of the Act; and

(b) appeals under Part 9 of the Act.Note

See also Part 10 of the Act for procedure in respect of applications.

12.03 Application for supervision order and renewal of supervision order

(1) A notice of application under section 13 of the Act for a supervision order shall be in Form 6–12A.

(2) A notice of application under section 22 of the Act for renewal of a supervision order shall be in Form 6–12B.

12.04 Supervision order

A supervision order may be in Form 6–12C.

Order 12 (Heading and rules 12.01–12.16) substituted as Order 12 (Heading and rules 12.01–12.25) by S.R. No. 133/2018 rule 5.

Rule 12.01 substituted by S.R. No. 133/2018 rule 5.






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12.05 Notice of application for declaration that a condition is a restrictive condition

A notice of application under section 40 of the Act for a declaration that a condition of a supervision order is a restrictive condition shall be in Form 6–12D.

12.06 Notice of application to extend intensive treatment and supervision condition

A notice of application under section 43 of the Act for an extension of an intensive treatment and supervision condition shall be in Form 6–12E.

12.07 Notice of application for interim supervision order and extension of interim supervision order

(1) A notice of application under section 46 of the Act for an interim supervision order shall be in Form 6–12F.

(2) Subject to section 57(5) of the Act, a notice of application under section 57 of the Act for extension of an interim supervision order shall be in Form 6–12G.

12.08 Interim supervision order and order extending interim supervision order

(1) An interim supervision order under section 47 of the Act may be in Form 6–12H.

(2) An order under section 58 of the Act extending an interim supervision order may be in Form 6–12I.

12.09 Notice of application for detention order and renewal of detention order

(1) A notice of application under section 61 of the Act for a detention order shall be in Form 6–12J.








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(2) A notice of application under section 71 of the Act for renewal of a detention order shall be in Form 6–12K.

12.10 Detention order

(1) A detention order under section 62 of the Act may be in Form 6–12L.

(2) A renewed detention order under section 73 of the Act may be in Form 6–12M.

12.11 Notice of application for interim detention order and extension of interim detention order

(1) A notice of application under section 75 of the Act for an interim detention order shall be in Form 6–12N.

(2) Subject to section 83(5) of the Act, a notice of application under section 83 of the Act for extension of an interim detention order shall be in Form 6–12O.

12.12 Interim detention order and order extending interim detention order

(1) An interim detention order under section 76 of the Act may be in Form 6–12P.

(2) An order under section 84 of the Act extending an interim detention order may be in Form 6–12Q.

12.13 Notice of application for emergency detention order

A notice of application under section 87 of the Act for an emergency detention order shall be in Form 6–12R.

12.14 Emergency detention order

An emergency detention order under section 89 of the Act may be in Form 6–12S.

12.15 Warrant to detain









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A warrant to detain under section 95 of the Act may be in Form 6–12T.

12.16 Notice of application for review of orders

(1) A notice of application by the Secretary under section 99(1) of the Act for review of a supervision order shall be in Form 6–12U.

(2) A notice of application by the Director of Public Prosecutions under section 100 of the Act for review of a detention order shall be in Form 6–12V.

12.17 Application for leave to review supervision order

(1) A notice of application under section 102(1) of the Act for leave to apply for a review of a supervision order shall be in Form 6–12W.

(2) A notice of an application under sections 102(1) and 112 of the Act for review of a supervision order on the ground of statutory amendments to the core conditions shall be in Form 6–12X.

12.18 Application for leave to review detention order

A notice of application under section 102(2) of the Act for leave to apply for a review of a detention order shall be in Form 6–12Y.

12.19 Notice of application for detention order and interim detention order during review of supervision order

(1) A notice of application under section 107(1) of the Act for a detention order shall be in Form 6–12J with any necessary modifications.

(2) A notice of application under section 107(3) of the Act for an interim detention order shall be in Form 6–12N with any necessary modifications.

12.20 Notice of application for review of conditions of supervision order or interim supervision order


Rule 12.17 inserted by S.R. No. 133/2018 rule 5.






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A notice of application under section 110 of the Act for leave to apply for a review of any condition of a supervision order or an interim supervision order (other than a core condition) shall be in Form 6–12Z.

12.21 Notice of application for review of intensive treatment and supervision condition

A notice of application under section 113 of the Act for a review of an intensive treatment and supervision condition imposed on a supervision order shall be in Form 6–12ZA.

12.22 Notice of appeal

(1) A notice of appeal by an offender under section 115 of the Act shall be in Form 6–12ZB.

(2) A notice of appeal by the Secretary under section 116 of the Act shall be in Form 6–12ZC.

(3) A notice of appeal by the Director of Public Prosecutions under section 117 of the Act shall be in Form 6–12ZD.Note

See also sections 136 to 138 and Part 9 of the Act for procedure on appeals.

(4) An appeal under section 123 of the Act by a person affected by a decision of the Court under Division 1 of Part 19 of the Act is commenced by filing in the Court of Appeal a notice of appeal in Form 6–12ZE.

12.23 Order for a person to attend for examination

An order under section 127 of the Act may be in Form 6–12ZF.

12.24 Notice of intention to dispute report

A notice of intention to dispute the whole or a specified part of an assessment report, progress report or other report filed with or given to the







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Court on the hearing of an application under the Act—

(a) shall be in Form 6–12ZG; and

(b) must be served on the other party in accordance with section 342 of the Act.


Unless the Court otherwise orders, notice of 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





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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.



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12A.04 Filing of documents






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Order 13—Major Crime (Investigative Powers) rules

13.01 Definition

In this Order, the Act means the Major Crime (Investigative Powers) Act 2004.



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.



(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




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Order 14—Assumed identity rules14.01 Definition

In this Order, the Act means the Crimes (Assumed Identities) Act 2004.



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.






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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.



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Order 15—Identity crime rules15.01 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.



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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 [email protected] 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.



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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.



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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.



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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.



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Form 6–1B—Subpoena to produce Rule 1.12(2)(b)


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.


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.


Date:

[Seal of the Court]


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).



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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 Victoria436 Lonsdale StreetMelbourne]

SCHEDULE OF DOCUMENTS

The documents and things you must produce are as follows:

[List the documents or things. Attach list if insufficient space.]

NOTES


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




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—



125

(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



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.tif—tagged image format

any other format agreed with the issuing party.




(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.


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.




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.



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[tick the relevant option below, provide your address as appropriate, sign and date]

All copied documentsAll 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 documentsSome 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]



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Form 6–1C—Subpoena both to attend to give evidence and to produce

Rule 1.12(2)(c)


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.


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.


Date:

[Seal of the Court]


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:



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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 Victoria436 Lonsdale StreetMelbourne]

SCHEDULE OF DOCUMENTS


[List the documents or things. Attach list if insufficient space.]

NOTES



Informal service



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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.


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.


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.




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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.




(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.




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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.




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 documentsAll 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 documentsSome 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—



133

[insert address for return of material].

Date:

[signature of addressee]

[name of addressee]



134

Form 6–1BA—Subpoena to give evidence (New Zealand)

Rule 1.12.1(2)(a)


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

Email

Address for service[include State and postcode]



135

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



136

(e) you are 18 years of age or older.

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.



137

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.

SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)


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




138

Place:

Email:

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:


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.


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.




139

4. If this subpoena is addressed to a corporation, the corporation must comply with this subpoena by its appropriate or proper officer.


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.


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.


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.



140

Form 6–1BB—Subpoena to produce documents (New Zealand)

Rule 1.12.1(2)(b)


SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)

Notice to Witness








This notice:







Tel Fax

Email




141

Your rights


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").





Your obligations










142


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.


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.












143













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.



144

SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)



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.




Date:



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)



145

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


[If insufficient space attach list]

NOTES



(a) a copy of the order giving leave to serve the subpoena in New Zealand; and





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



146

last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.




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.


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.






147

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

(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.





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).





148


*Delete if not applicable.



149

Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)

Rule 1.12.1(2)(c)


SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)

Notice to Witness








This notice:







Tel Fax

Email




150

Your rights


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").





Your obligations









151



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.


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.










152















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.



153

However, in such a case, the Court will determine which of video link or telephone will be used.

SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)



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.




Date:



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:


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:



154

(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 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


[If insufficient space attach list]

NOTES



(a) a copy of the order giving leave to serve this subpoena in New Zealand; and




155





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.




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.




156

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.




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.





Banker's book



157

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).






158

Form 6–1D—General applicationRule 1.18

IN THE SUPREME COURT OF VICTORIA

AT

IN THE MATTER OF:

GENERAL APPLICATIONTO 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



159

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]



160

4. Trial Judge:

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:



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.



161

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.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––




162

Form 6–2B—Notice of application for leave to appeal against sentence

Rule 2.05(2)


The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE


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:





PARTICULARS






163

4. Sentencing Judge:


6. Sentence:







ORAL HEARING OPTION



Solicitor

Myself




Date:




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.



164



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.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––




165

Form 6–2C—Notice of application for leave to appeal under section 283 of

Criminal Procedure Act 2009Rules 2.05(3), 2.54(b)


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


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:


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:




166

6. Date sentence of County Court imposed:

Date:

[Signed by Appellant]




ORAL HEARING OPTION



Solicitor

Myself




Date:




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.





167



168

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 2009To: [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]




169

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)


NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S DECISION TO GRANT LEAVE TO APPEAL OR REFER

APPLICATION TO AT LEAST TWO JUDGES OF APPEALTo: [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



170

after you receive this notification. This request must be confirmed to me in writing in accordance with any applicable practice direction.

ORAL HEARING OPTION



Solicitor

Myself




Date:



IMPORTANT NOTE:





171

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 appealRule 2.07(3)(b)


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:




172

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:



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



Solicitor

Myself




Date:



IMPORTANT NOTE:




173




174

Form 6-2DC—Notification to appellant of Court of Appeal decision

on renewed applicationRule 2.08(4)


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:


NOTE:

The Court of Appeal may treat an application for leave to appeal as the appeal itself.



175

IMPORTANT NOTE:





176

Form 6–2E—Application under section 304 of Criminal Procedure Act 2009

Rule 2.16


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


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]



177

Form 6–2F—Notice of application for leave to appeal against finding

of unfitness to stand trialRule 2.18(1)


The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST FINDING OF UNFITNESS TO STAND TRIAL


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:







178

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



179

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.

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.




180

Form 6–2G—Notice of application for leave to appeal againstmental impairment verdict

Rule 2.19(1)


The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST MENTAL IMPAIRMENT VERDICT


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:





PARTICULARS


2. Offence for which verdict of not guilty because of mental impairment was recorded against which it is sought to appeal:



181

3. Criminal proceeding held at: [place and court]

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:


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.



182

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.




183

Form 6–2H—Application for extension to time to file/serve notice of appeal or notice

of application for leave to appealRule 2.22


APPLICATION FOR EXTENSION OF TIME TO *FILE/*SERVE NOTICE OF APPEAL OR NOTICE

OF APPLICATION TO APPEALTo 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:


PARTICULARS


2. Offence for which convicted:

3. Convicted at: [place and Court]

4. Trial or sentencing Judge:


6. Sentence:




184

IMPORTANT NOTE:

This notice must accompany the notice of appeal or notice of application for leave to appeal.




185

Form 6–2I—Notification to applicant of Registrar's decision under section 313

of Criminal Procedure Act 2009Rule 2.23(3)(a)


NOTIFICATION TO APPLICANT OF REGISTRAR'S DECISION UNDER SECTION 313 OF THE CRIMINAL

PROCEDURE ACT 2009To: [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]




186

Form 6–2J—Election to have extension of time determined by Court of Appeal

Rule 2.24(1)


ELECTION TO HAVE EXTENSION OF TIME DETERMINED BY THE COURT OF APPEAL


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 Witness]

[Name and Address of Witness]


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.



187

Form 6–2K—Election to have application under section 315 of Criminal Procedure Act 2009 determined by Court of Appeal

Rule 2.25(2)


ELECTION TO HAVE APPLICATION UNDER SECTION 315 OF THE CRIMINAL PROCEDURE

ACT 2009 DETERMINED BY COURT OF APPEALTo 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 Witness]

[Name and Address of Witness]


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.



188

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.



189

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




190

Form 6–2M—Notification of result of appeal or application

Rule 2.39(1)


NOTIFICATION OF RESULT OF APPEAL OR APPLICATIONIn 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




191

Form 6–2N—Notice of abandonmentRule 2.40(1)


NOTICE OF ABANDONMENTTo 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]




192

Form 6–2O—Appellant's application for examination of further witnesses

Rule 2.44(2)


APPELLANT'S APPLICATION FOR EXAMINATION OF FURTHER WITNESS(ES)


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



193

Form 6–2P—Notice to witness to attend before examiner

Rule 2.45(3)


NOTICE TO WITNESS TO ATTEND BEFORE EXAMINERTo: [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




194

Form 6–2Q—Notice to prisoner who wishes to appeal

Rule 2.53(2)

NOTICE TO PRISONER WHO WISHES TO APPEAL1. 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.



195

Form 6–2R—Information for persons on whom sentence of imprisonment has been imposed by County Court on appeal from

Magistrates' CourtRules 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.



196

Form 6–3A—Notice of application for leaveto appeal against interlocutory decision

Rule 3.03(1)


The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST INTERLOCUTORY DECISION


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:



PARTICULARS


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:



197


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.




198

Form 6–3B—Notice of application for review of refusal to certify under section 295(3)

of Criminal Procedure Act 2009Rule 3.04(1)


NOTICE OF APPLICATION FOR REVIEW OF REFUSAL OF JUDGE TO CERTIFY UNDER SECTION 295(3)

OF CRIMINAL PROCEDURE ACT 2009To 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:






199

Form 6–3BA—Notice of appeal and undertaking to proceed

Rule 3B.02

NOTICE OF APPEAL AND UNDERTAKING TO PROCEEDTO 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:



PARTICULARS

1. Name and address of the appellant:

2. Name and address of the respondent:







200

7. Sentence:




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:




201

Form 6–3BB—Notice of Supreme Court's decision on appeal

Rule 3B.05(1)

NOTICE OF SUPREME COURT'S DECISION ON APPEALTO 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



202

Form 6–3BC—Notice of appeal by DPP against sentence imposed

by Children's CourtRule 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:


4. Trial Judge:


6. Sentence:


8. Name and address of legal practitioner who represented offender at trial:

9. Name of counsel (if any) who represented offender at trial:



203



204

Form 6–3BD—Notice of appeal by DPP under section 429A of Children, Youth

and Families Act 2005Rule 3B.07

NOTICE OF APPEAL BY DPP UNDER SECTION 429A OF CHILDREN, YOUTH AND FAMILIES ACT 2005—

FAILURE TO FULFIL UNDERTAKINGTO: the Registrar of the Children's Court:


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:


PARTICULARS






6. Sentence:




205

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]



206

Form 6–3BE—Notice of abandonment of appeal under section 430C of Children,

Youth and Families Act 2005Rule 3B.08(1)

NOTICE OF ABANDONMENT OF APPEAL UNDER SECTION 430C OF THE CHILDREN, YOUTH AND

FAMILIES ACT 2005IN 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



3. Offence for which convicted and in relation to which the appeal relates:



6. Date of *conviction/*sentence:

7. Sentence:

8. Children's Court reference number:

Date:





207

Form 6–3BF—Written notice of abandonment of appeal—

conviction onlyRule 3B.08(2)

WRITTEN NOTICE OF ABANDONMENT OF APPEAL—CONVICTION ONLY—SECTION 430C(3) OF THE

CHILDREN, YOUTH AND FAMILIES ACT 2005IN 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



3. Offence for which convicted and in relation to which the appeal relates:



6. Date of order:

7. Sentence:

8. Children's Court reference number:

Date:





208

Form 6–3BG—Order striking out appealRule 3B.09(1)


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]


A copy of this order is to be provided to:

The Children's Court

The respondent or to the respondent's legal practitioner.



209

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:


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



210

Form 6–3BI—Notification of result of appealRule 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 2005In 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




211

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




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].


[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.



212

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.




213

Form 6–3CB—Notice of appeal by child against finding of not guilty because

of mental impairmentRule 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




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.





PARTICULARS









214









215

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



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.



Date:

[Signed personally by DPP]

PARTICULARS


2. Name and address of respondent child:






216







217

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




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].





PARTICULARS











218







219

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:


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.



Date:

[Signed personallyby *DPP/*Attorney-General/*Se

cretaryto the Department

of Health andHuman Services]



220

PARTICULARS


2. Name and address of respondent child:






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.




221

Form 6–3DA—Notice of appealRule 3D.03(1)

NOTICE OF APPEALMAGISTRATES' 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



222

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:


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:


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:


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



223

(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.



224

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.




225

http://www.legalaid.vic.gov.au/

Form 6–3DB—Notice under section 255(6) of Criminal Procedure Act 2009 for

proposed appellantRule 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.



226

Form 6–3DC—Notice of appeal under section 257 of Criminal

Procedure Act 2009Rule 3D.04(1)

MAGISTRATES' 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 HOLDERTo 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:


PARTICULARS




4. Chief Magistrate:


6. Sentence:




227

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.



228

Form 6–3DD—Notice of appeal under section 260 of Criminal

Procedure Act 2009Rule 3D.04(3)

MAGISTRATES' 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 HOLDERTo 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




4. Chief Magistrate:


6. Sentence:



229


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.



230

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 APPEALTHIS FORM IS FILED ON BEHALF OF:

ADDRESS:

THIS MATTER IS NEXT LISTED ON: [date] FOR .

CONTACT DETAILS


Contact No.:

Email address:






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



231

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:





232

Form 6–3DF—Written notice of abandonment of appeal—

conviction onlyRule 3D.07


OF VICTORIA

AT

IN THE MATTER OF

WRITTEN NOTICE OF ABANDONMENT OF APPEAL—CONVICTION ONLY


ADDRESS:

THIS MATTER IS NEXT LISTED ON: [date] FOR .

CONTACT DETAILS


Contact No.:

Email 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].




233

I abandon my appeal against conviction. I wish to proceed only with my appeal against sentence.

Date:

[Signed by Appellant]*Delete if not applicable



234

Form 6–3DG—Application to set aside order striking out appeal for failure to appear

Rule 3D.08(1)


OF VICTORIA

AT

IN THE MATTER OF

APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR


ADDRESS:

THIS MATTER WAS LISTED ON: [date]

CONTACT DETAILS


Contact No.:

Email address:




*I represent the applicant





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 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



235

appeal for the failure of the appellant to appear at the Supreme Court at the time listed for the hearing of the appeal.

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.




236

Form 6–3DH—Result of appeal form

Rule 3D.09(1)


OF VICTORIA

AT

IN THE MATTER OF

APPELLANT RESPONDENT

RESULT OF APPEAL FORMTO 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]




237

Form 6–4A—Notice to accused under section 171 of Criminal

Procedure Act 2009

Rule 4.03

IN THE SUPREME COURT OF VICTORIAAT

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].



238

Form 6–4B—Notice that legal practitioner acts

Rules 4.04, 4.05


The Queen

v.

[name of accused]

NOTICE THAT LEGAL PRACTITIONER ACTSDate 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.



239

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.



240

Note

There is no Form 6–4D



241

Form 6–4E—Notice of alibi

Rule 4.11


The Queen

v.

[name of accused]

NOTICE OF ALIBII, [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]




242

Form 6–4F—Notice of intention to plead guilty to one or more remaining

charges in indictment

Rule 4.13


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]



243

Form 6–4G—Summons

Rule 4.14(1)


INDICTMENT No.:

SUMMONSTo 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]



244

Form 6–4H—Warrant to arrest

Rule 4.14(2)


INDICTMENT No.:

WARRANT TO ARRESTTo 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



245

*the warrant is *required/*authorised by another Act/*other good cause

Details about this warrant

Issued at [place]

On [date][Signature of Judge]




246

Form 6–5A—Application for instalment order and other orders

Rule 5.03(1)


A.B.

and

C.D.

APPLICATION FOR *INSTALMENT ORDER

*TIME TO PAY ORDER

*VARIATION OF INSTALMENT ORDER OR TIME TO PAY ORDER

*FINE CONVERSION ORDER1. 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.



247

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]




248

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.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



249

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.



250

Form 6–5E—Summons for failure to pay fine

Rule 5.07(2)

SUMMONS FOR FAILURE TO PAY A FINEIN THE SUPREME COURT OF VICTORIAAT

A.B.andC.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 FineStatutory

CostsCosts/Otheramount(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 ATat a.m./p.m. ON , 20 TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S).

Issued at on



251

Prothonotary

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.



252

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.



253

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


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].



254

Form 6–6A—Application for restraining order

Rules 6.06(1) and 6.08(2)


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 RELEVANTPROVISION OF SECTION 16 OF CONFISCATION

ACT 1997] FOR RESTRAINING ORDERTO: 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.



255

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



256

* to satisfy automatic forfeiture of property that may occur under Division 4 of Part 3 of the Confiscation Act

* 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:


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



257

Form 6–6AB—Application for civil forfeiture restraining order

Rule 6.06(2)


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


APPLICATION UNDER SECTION 36K FOR CIVIL FORFEITURE RESTRAINING ORDER

TO: the Prothonotary of the Supreme Court of Victoria


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.



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.





258

* a prescribed person

* a person belonging to a prescribed class of persons, namely [identify class]





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.


Date:



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



259

Form 6–6AC—Application for unexplained wealth restraining order

Rule 6.06(3)


AT


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


APPLICATION UNDER SECTION 40F FOR UNEXPLAINED WEALTH RESTRAINING ORDER



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.



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



260

(d) the total value of the property is $50 000 or more; or

* 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.



* an appropriate officer within the meaning of the Confiscation Act





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.


Date:



This application will be heard by a Judge in the Supreme Court, 210 William Street, Melbourne, on [date] at [time].




261

Form 6–6B—Notice of application

Rule 6.08(3)


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.


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]



262

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.




263

Form 6–6C—Application for exclusion order

Rule 6.09(1)


AT


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]



264


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.


[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].


Date:



265



This application will be heard by a Judge in the Supreme Court, 210 William Street, Melbourne, on [date] at [time or occasion].


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.




266

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 ORDERSTO: [name and address of the person(s) on whom this application is to be served]


[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]




* 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



267

order relates OR otherwise as specified in section 26(2), 36W(3) or 40W(3) of the Confiscation Act 1997]

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.



*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:











268

Form 6–6E—Application for forfeiture order

Rule 6.09(3)


APPLICATION UNDER SECTION 32 FOR FORFEITURE ORDER




("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]



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.



* an appropriate officer within the meaning of the Confiscation Act


* 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





269

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—

* 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


Date:










270




271

Form 6–6F—Application for civil forfeiture order

Rule 6.09(4)


APPLICATION UNDER SECTION 37 FOR CIVIL FORFEITURE ORDER




("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]



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.



* 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]


* 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



272

* the applicant for the civil forfeiture restraining order which is in force

* a person to whom the Court has required that notice be given



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


Date:











273

Form 6–6FA—Application for section 40B exclusion order or section 40ZD

exclusion order

Rule 6.09(5)


APPLICATION UNDER SECTION *40A/*40ZC OF THE CONFISCATION ACT 1997 FOR *SECTION 40B EXCLUSION

ORDER/*SECTION 40ZD EXCLUSION ORDERTO: [name and address of the person(s) on whom this application is to be served]


[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]



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.


* [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.



274

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.




Date:







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.




275

Form 6–6G—Application for relief for undue hardship

Rule 6.09(6)


APPLICATION UNDER SECTION *45/*45BFOR RELIEF FROM UNDUE HARDSHIP



[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.




* [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.



276

* [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.


[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]


Date:











277

Form 6–6GA—Application for relief from automatic forfeiture of property

of serious drug offenderRule 6.09(7)


APPLICATION UNDER SECTION 45A FOR RELIEF FROM AUTOMATIC FORFEITURE OF PROPERTY

OF SERIOUS DRUG OFFENDERTO: [name and address of the person(s) on whom this application is to be served]


[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.



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.




Date:



278











279

Form 6–6H—Application under Part 6 of Confiscation Act 1997 for exclusion order

Rule 6.09(8)


APPLICATION UNDER PART 6 OF THE CONFISCATION ACT 1997 FOR EXCLUSION ORDER



[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]



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.


*(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.



280


* 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.




Date:











281

Form 6–6J—Application for pecuniary penalty order

Rule 6.09(9)


APPLICATION UNDER SECTION 58 FOR PECUNIARY PENALTY ORDER

TO: [full name and address of XY]("the Respondent")


("the Applicant")

APPLIES FOR A PECUNIARY PENALTY ORDER under section 58 of the Confiscation Act 1997 ("the Confiscation Act").



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.



*5. THE APPLICANT will seek to have section 68 of the Confiscation Act applied in the assessment of the value of the benefits derived.


Date:



282











283

Note

There is no Form 6–6K.



284

Form 6–6L—Application under specified section of Confiscation Act 1997

Rule 6.09(10)


APPLICATION TO BE MADE UNDER SECTION [INSERT NUMBER] OF THE CONFISCATION ACT 1997




("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]



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].


[identify the respondent(s) and state in what capacity each is named as respondent(s)].


[set out in detail the grounds of the application].


Date:



285











286

Form 6–6LA—Notice of contest of application

Rule 6.11

[Heading as Form 6–6C]

NOTICE OF CONTEST OF APPLICATIONTO: [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]



287

Form 6–6M—Notice of restraining order

Rule 6.13(2)


IMPORTANT NOTICETO: [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.



288

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.

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]




289

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 FORFEITURETO: [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



290

* 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]




291

Form 6–6O—Application for monitoring order

Rule 6.07


AT


and


APPLICATION UNDER SECTION 115 OF THE CONFISCATION ACT 1997 FOR

MONITORING ORDERTO: the Prothonotary of the Supreme Court of Victoria


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].




* 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]





292

* THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application.

Date:



This application will be heard by a Judge in the Supreme Court, 210 William Street, Melbourne, on [date] at *at [time]/*after sentence.




293

Form 6–6P—Application under Proceeds of Crime Act 2002 of the Commonwealth

for restraining order

Rules 6.19(1) and (3)


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


APPLICATION UNDER SECTION [INSERT RELEVANT SECTION OF PROCEEDS OF CRIME ACT 2002 OF THE

COMMONWEALTH] FOR RESTRAINING ORDERTO: the Prothonotary of the Supreme Court of Victoria


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].




* XY has been charged with

* it is proposed that XY will be charged with



294

* XY has been convicted of an indictable offence within the meaning of the Commonwealth Act

[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.






Date:




295






296

Form 6–6Q—Application under Proceeds of Crime Act 2002 of the Commonwealth for

unexplained wealth restraining order

Rule 6.19(2)


AT


and

IN THE MATTER of the property [insert details]

and


APPLICATION UNDER SECTION 20A OF THE PROCEEDS OF CRIME ACT 2002 OF THE

COMMONWEALTH FOR AN UNEXPLAINED WEALTH RESTRAINING ORDER



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].



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:



297

* 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.






Date:







298

Form 6–6R—Application under Proceeds of Crime Act 2002 of the Commonwealth

for monitoring order

Rule 6.20


AT


and


APPLICATION UNDER SECTION 219 OF THEPROCEEDS OF CRIME ACT 2002 OF THE

COMMONWEALTH FOR MONITORING ORDERTO: the Prothonotary of the Supreme Court of Victoria


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].



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].



* THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application.

Date:



299







300

Form 6–6S—Notice of contest of application

Rule 6.22

[heading as Form 6–6P]

NOTICE OF CONTEST OF APPLICATION UNDERPROCEEDS OF CRIME ACT 2002 OF THE

COMMONWEALTHTO: [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]



301

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 WARRANTI, *[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



302

(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:





303

Form 6–7B—Application for retrieval warrant

Rule 7.03(2)


AT


and

IN THE MATTER of an application for a retrieval warrant

APPLICATION FOR RETRIEVAL WARRANTI, *[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.



OR




304

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:





305

Form 6–7C—Application for assistance order

Rule 7.03(3)



and

IN THE MATTER of an application for an assistance order.

APPLICATION FOR ASSISTANCE ORDERI, [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].



OR




306


Date:





307

Form 6–7D—Surveillance device warrant

Rule 7.05


AT


And

IN THE MATTER of an application for a warrant to use a surveillance device

SURVEILLANCE DEVICE WARRANTTHIS 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



308

*(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]



309

*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].


[Name of Judge]




310

Form 6–7E—Retrieval warrant

Rule 7.06


AT


and

IN THE MATTER of an application for a retrieval warrant

RETRIEVAL WARRANTTHIS 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.



311

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



312

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].


[Name of Judge]




313

Form 6–7F—Assistance order

Rule 7.07(1)



and

IN THE MATTER of an application for an assistance order

ASSISTANCE ORDERTHE 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:





314

Form 6–7G—Endorsement of assistance order

Rule 7.07(3)

ENDORSEMENT OF ASSISTANCE ORDEROn [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].




315

Form 6–9A—Application

Rule 9.03


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.

APPLICATIONI, [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]



316

Form 6–10A—Notice of application under section 42L of Evidence (Miscellaneous

Provisions) Act 1958Rule 10.03

NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958


AT

The Queen

v.

[name of accused]


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]



317

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


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]



318

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:



319

Form 6–11A—Application for covert search warrant

Rule 11.03


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 WARRANTI, [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].




320




321

Form 6–11B—Covert search warrant

Rule 11.05


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 WARRANTTHIS 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.].



322

*THIS WARRANT is subject to the following conditions [set out conditions].

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:





323

Form 6–12A—Notice of application for supervision order

Rule 12.03(1)


AT

IN THE MATTER of the Serious Offenders Act 2018

and

IN THE MATTER of an application under section 13 of that Act for a supervision order.

BETWEENThe Secretary to the Department of

Justice and Regulation Applicant

and

C.D. Respondent

NOTICE OF APPLICATION FOR SUPERVISION ORDERThe Secretary to the Department of Justice and Regulation applies under section 13 of the Serious Offenders Act 2018 ("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.

*C.D. is an eligible offender within the meaning of section 8(1) of the Act in that—

(a) C.D. is of or over the age of 18 years;

(b) a custodial sentence for a serious sex offence or a serious violence offence was imposed on C.D., as follows [insert particulars]; and

(c) C.D. is serving in Victoria—

*that custodial sentence.

*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(ii) of the Act.

*another custodial sentence that relates to that custodial sentence in accordance with section 8(1)(b)(iii) of the Act.

Form 6–12A substituted by S.R. No. 133/2018 rule 6.



324


(a) C.D. is remanded in custody or is serving a custodial sentence for an offence [insert details]; and

(b) at the time when C.D. was remanded in custody or began to serve the custodial sentence, C.D.—

*was the subject of an application for a supervision order, a detention order or an emergency detention order [insert details].

*was subject to a supervision order, an interim supervision order or an emergency detention order [insert details].

*C.D is an eligible offender within the meaning of section 8(3) of the Act in that C.D. is subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order [insert details].

C.D. has not ceased to be an eligible offender by the operation of section 8(4) of the Act in relation to any relevant appeal.

THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a supervision order is not made and C.D. is in the community.

THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence 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 31 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 3 of the Act]

FILED with this notice *is/*are the following:

*assessment report [identify report]

*[if intensive treatment and supervision condition is being sought] treatment and supervision plan [identify plan]



325

Date:

[Signed]for and on behalf

of the Secretary to the Department of Justice

and Regulation




326

Form 6–12B—Notice of application for renewal of supervision order

Rule 12.03(2)


AT


and

IN THE MATTER of an application under section 22 of that Act for renewal of a supervision order.

BETWEENThe Secretary to the

Department of Justice and RegulationApplicant

and

C.D. Respondent

NOTICE OF APPLICATION FOR RENEWAL OF SUPERVISION ORDER

The Secretary to the Department of Justice and Regulation applies under section 22 of the Serious Offenders Act 2018 ("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.







Form 6–12B substituted by S.R. No. 133/2018 rule 6.



327









THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a renewed supervision order is not made and C.D. is in the community.

C.D. is currently subject to a supervision order and that order is still in force: [insert details]

THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence 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 31 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 3 of the Act]




328

assessment report [identify report]

latest progress report [identify report]

Date:



and Regulation




329

Form 6–12C—Supervision orderRule 12.04


SUPERVISION ORDERJUDGE:

DATE MADE:


HOW OBTAINED:

ATTENDANCE: [set out attendance (including by audio visual link or audio link) 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 a supervision order in respect of the offender C.D. under *section 14/*section 24/*section 62 of the Serious Offenders Act 2018 ("the Act") is justified.

THE COURT STATES, under section 16(1) of the Act that THE COURT IS SATISFIED that the offender C.D. [name of offender] poses an unacceptable risk of committing:

*a serious sex offence

*a serious violence offence

*both a serious sex offence and a serious violence offence

as defined in 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 *section 14/*section 24/*section 62 the Serious Offenders Act 2018.

Form 6–12C substituted by S.R. No. 133/2018 rule 6.



330

2. THIS ORDER commences on: [insert details in accordance with section 18 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 an application for the first review of this order under Part 8 of the Act must be made is: [insert period, being not later than 3 years after order is first made]

5. THE MAXIMUM INTERVAL(S) between subsequent reviews of this order *is/*are: [insert period, being no more than 3 years]

6. CORE CONDITIONS:

Pursuant to section 31 of the Act, the core conditions of this order that apply to C.D. during the period of the order are the following:

1. C.D. must not commit a serious sex offence in Victoria or elsewhere;.

2. C.D. must not commit a serious violence offence in Victoria or elsewhere;

3. C.D. must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere;

4. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;

5. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;

6. If the Court requires C.D. to reside at a residential treatment facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;

7. If the Court requires C.D. to reside at a residential treatment facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;

8. C.D. must not engage in any behaviour or conduct that threatens the safety of any person (including C.D.);

9. C.D. must attend at any place directed by the Post Sentence Authority for the purpose of administering the conditions of this order;



331

10. C.D. must attend at any place directed by the Post Sentence Authority 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 Victoria 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 the Court in determining the need for or the form of any condition of this order);

11. C.D. must 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 31(12) of the Act;

12. C.D. must notify the Post Sentence Authority of any change of employment or new employment (whether paid or unpaid) at least 2 clear days before commencing the changed or new employment;

13. C.D. must not leave Victoria except with the permission of the Post Sentence Authority granted either generally or in relation to a particular case;

14. C.D. must comply with a direction given by the Post Sentence Authority under the emergency power in section 142 of the Act;

15. C.D. must obey all instructions given by a community corrections officer or a specified officer under section 209 of the Act.

7. ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 3 OF THE ACT: [insert any additional conditions]


[Name of Judge]




332

Form 6–12D—Notice of application for declaration that condition is a

restrictive condition

Rule 12.05


AT


and

IN THE MATTER of an application under section 40 of that Act for a declaration that a condition of a supervision order is a restrictive condition.



and

C.D. Respondent

NOTICE OF APPLICATION FOR DECLARATION THAT A CONDITION IS A RESTRICTIVE CONDITION

The Secretary to the Department of Justice and Regulation gives notice of application under section 40 of the Serious Offenders Act 2018 ("the Act") for a declaration that the following *condition/*conditions imposed or sought to be imposed on a supervision order in respect of C.D. [name of offender] *is a restrictive condition/*are restrictive conditions:

[insert particulars]

The application for a declaration is to be made on:

*the making of a supervision order in respect of C.D pursuant to [give details of relevant application for supervision order].

*the renewal of a supervision order in respect of C.D pursuant to [give details of relevant application for renewal of supervision order].

*a review of a supervision order in respect of C.D pursuant to [give details of relevant application for review of supervision order].

Form 6–12D substituted by S.R. No. 133/2018 rule 6.



333

*a review of a condition of a supervision order in respect of C.D pursuant to [give details of relevant application for review of condition].

THE GROUNDS on which it is contended that the declaration is necessary to address the risk of C.D. committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence or an offence referred to in Schedule 3 of the Act are: [specify grounds]

Date:



and Regulation




334

Form 6–12E—Notice of application to extend intensive treatment and

supervision condition

Rule 12.06


AT


and

IN THE MATTER of an application under section 43 of that Act for an extension of an intensive treatment and supervision condition.



and

C.D. Respondent

NOTICE OF APPLICATION FOR EXTENSION OF AN INTENSIVE TREATMENT AND SUPERVISION CONDITION

The Secretary to the Department of Justice and Regulation applies under section 43 of the Serious Offenders Act 2018 ("the Act") for an extension of the intensive treatment and supervision condition imposed on the supervision order in respect of C.D. [name of offender].

C.D. is currently subject to a supervision order with an intensive treatment and supervision condition and that condition is still in force: [insert details]

*This is an application for a first extension, of the condition. It is contended that an extension of the intensive treatment and supervision condition is necessary to reduce the risk of C.D. committing *a serious sex offence or/*a serious violence offence or/*both a serious sex offence and a serious violence offence and that the risk cannot be reduced using less restrictive means of supervision. The grounds on which it is so contended are: [specify grounds]

Form 6–12E substituted by S.R. No. 133/2018 rule 6.



335

*This is an application for a second or subsequent extension. It is contended that exceptional circumstances exist. The grounds on which it is so contended are: [specify grounds]

THE PERIOD sought for the duration of the extension is: [insert period, not exceeding 12 months]


treatment and supervision plan [identify plan]


*latest progress report [identify report]

Date:



and Regulation




336

Form 6–12F—Notice of application for interim supervision order

Rule 12.07(1)


AT


and

IN THE MATTER of an application under section 46 of that Act for an interim supervision order.



and

C.D. Respondent

NOTICE OF APPLICATION FOR INTERIM SUPERVISION ORDER

The Secretary to the Department of Justice and Regulation applies under section 46 of the Serious Offenders Act 2018 ("the Act") for an interim supervision order under section 47 of the Act in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.








Form 6–12F substituted by S.R. No. 133/2018 rule 6.



337








C.D. is the subject of:

*an application under section 13 of the Act for a supervision order which has been commenced but not determined [give details]; or

*an application under section 22 of the Act for renewal of a supervision order which has been commenced but not determined [give details].

*For the purposes of section 47(1)(a)(ii)(A) of the Act, C.D. is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 of the Act is determined;

*For the purposes of section 47(1)(b) of the Act, it is contended that the documents in support of the application under *section 13/*section 22 of the Act would, if proved, justify the *making/* renewal of a supervision order.

For the purposes of section 47(1)(c) of the Act, it is contended that it is in the public interest to make an interim supervision order, having regard to the following matters—

*The application under section 13 of the Act for a supervision order was not, or will not be, determined before C.D. is released from custody because: [specify reasons]

*The application under section 22 of the Act for renewal of a supervision order was not, or will not be, determined before the expiry of the previous supervision order because: [specify reasons].



338

*Further [specify the other matter(s) relied upon in support of the contention that it is in the public interest to make an interim supervision order].

*THE CONDITIONS sought in respect of the interim supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with sections 48(2)(c) and 49 and Division 3 of Part 3 of the Act]

THE PERIOD sought for the duration of the interim supervision order is: [insert period in accordance with section 54 of the Act]

Date:



and Regulation




339

Form 6–12G—Notice of application forextension of interim supervision order

Rule 12.07(2)


AT


and

IN THE MATTER of an application under section 57 of that Act for extension of an interim supervision order.



and

C.D. Respondent

NOTICE OF APPLICATION FOR EXTENSION OF INTERIM SUPERVISION ORDER

The Secretary to the Department of Justice and Regulation applies under section 57 of the Serious Offenders Act 2018 ("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.








Form 6–12G substituted by S.R. No. 133/2018 rule 6.



340








C.D. is currently subject to an interim supervision order and that order is still in force: [insert details]

C.D. is the subject of—

*an application under section 13 of the Act for a supervision order which has been commenced but not determined [give details].

*an application under section 22 of the Act for renewal of a supervision order which has been commenced but not determined [give details].

For the purposes of section 47(1)(a)(ii)(A) of the Act (as applied by section 58(2) of the Act), C.D. is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 13 of the Act is determined;

*For the purposes of section 47(1)(a)(ii)(B) of the Act (as applied by section 58(2) of the Act), the previous supervision order has expired or will have expired before the application under section 22 is determined.

*For the purposes of section 47(1)(b) of the Act (as applied by section 58(2) of the Act), it is contended that the documents in support of the application under *section 13/*section 22 of the Act would, if proved, justify the *making /*renewal of a supervision order.



341

For the purposes of section 47(1)(c) of the Act (as applied by section 58(2) of the Act), it is contended that it is in the public interest to extend the interim supervision order, having regard to the following matters—

*The application under section 13 of the Act for a supervision order was not, or will not be, determined before C.D. is released from custody because: [specify reasons]

*The application under section 22 of the Act for renewal of a supervision order was not, or will not be, determined before the expiry of the previous supervision order because: [specify reasons].

*Further [specify the other matter(s) relied upon in support of the contention that it is in the public interest to extend the interim supervision order].

*THE CONDITIONS sought in respect of the extended interim supervision order, in addition to the core conditions set out in section 31 of the Act, are: [insert proposed conditions in accordance with sections 58(3) and 59(2)(d) and Division 3 of Part 3 of the Act]

THE PERIOD sought for the duration of the extended interim supervision order is: [insert period in accordance with sections 54(2) and 58 of the Act]

Date:



and Regulation




342

Form 6–12H—Interim supervision orderRule 12.08(1)


INTERIM SUPERVISION ORDERJUDGE:

DATE MADE:


HOW OBTAINED:

ATTENDANCE: [set out attendance (including by audio visual or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or legal practitioner]

OTHER MATTERS:

THE COURT STATES, under section 48(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that the making of this interim supervision order under section 47 of the Act is justified and that it is in the public interest to make the order.


1. C.D. [name of offender] be subject to an interim supervision order under section 47 of the Act.


3. THE PERIOD of this order is: [insert period in accordance with section 54 of the Act]

4. CORE CONDITIONS:

Pursuant to section 31 of the Act, the core conditions of this order that apply to C.D. during the period of the order are the following:

1. C.D must not commit a serious sex offence in Victoria or elsewhere;

2. C.D. must not commit a serious violence offence in Victoria or elsewhere;

Form 6–12H substituted by S.R. No. 133/2018 rule 6.



343

3. C.D. must not commit an offence referred to in Schedule 3 of the Act in Victoria or elsewhere;

4. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;

5. If the Court requires C.D. to reside at a residential facility or the Post Sentence Authority directs C.D. to reside at a residential facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;

6. If the Court requires C.D. to reside at a residential treatment facility, C.D. must not engage in conduct that poses a risk to the good order of the facility or the safety and welfare of offenders or staff at the facility or visitors to the facility;

7. If the Court requires C.D. to reside at a residential treatment facility, C.D. must obey all instructions given by a supervision officer or a specified officer under section 183 of the Act;

8. C.D. must not engage in any behaviour or conduct that threatens the safety of any person (including C.D.);

9. C.D. must attend at any place directed by the Post Sentence Authority for the purpose of administering the conditions of this order;

10. C.D. must attend at any place directed by the Post Sentence Authority 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 Victoria 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 the Court in determining the need for or the form of any condition of this order);

11. C.D. must 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 31(12) of the Act;

12. C.D. must notify the Post Sentence Authority of any change of employment or new employment (whether paid or unpaid) at least 2 clear days before commencing the changed or new employment;

13. C.D. must not leave Victoria except with the permission of the Post Sentence Authority granted either generally or in relation to a particular case;



344

14. C.D. must comply with a direction given by the Post Sentence Authority under the emergency power in section 142 of the Act;

15. C.D. must obey all instructions given by a community corrections officer or a specified officer under section 209 of the Act.

5. ADDITIONAL CONDITIONS UNDER DIVISION 3 OF PART 3 OF THE ACT: [insert any additional conditions]


[Name of Judge]



345

Form 6–12I—Order extending interim supervision order

Rule 12.08(2)


ORDER EXTENDING INTERIM SUPERVISION ORDERJUDGE:

DATE MADE:


HOW OBTAINED:


OTHER MATTERS:

THE COURT STATES, under section 59(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that this extension of the interim supervision order to which C.D. [name of offender] is subject is justified and that it is in the public interest to grant the extension.


1. THE INTERIM SUPERVISION ORDER under 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 sections 54(2) and 58 of the Act].

*3. THE CONDITIONS of the interim supervision order are varied, added or removed as follows: [specify changes made to conditions of interim supervision order]


[Name of Judge]

Form 6–12I substituted by S.R. No. 133/2018 rule 6.



346




347

Form 6–12J—Notice of application for detention order

Rule 12.09(1)


AT


and

IN THE MATTER of an application under section *61/*107(1) of that Act for a detention order.

BETWEENThe Director of Public Prosecutions

Applicant

and

C.D. Respondent

NOTICE OF APPLICATION FOR DETENTION ORDERThe Director of Public Prosecutions applies

*under section 61 of the Serious Offenders Act 2018 ("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.

*under section 107(1) of the Act for a detention order in respect of C.D. [name of offender] who is the subject of an application for review of a supervision order.







Form 6–12J substituted by S.R. No. 133/2018 rule 6.



348









THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a detention order or a supervision order is not made and C.D. is in the community and that the risk would be unacceptable unless a detention order were made.

THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a detention order or a supervision order is not made and C.D. is in the community and that that risk would be unacceptable unless a detention order were made are: [specify grounds]

THE PERIOD sought for the duration of the detention order is: [insert period, not exceeding 3 years]



*progress report [identify report]

Date:

[Signed]for and on behalf of



349

the Director of Public Prosecutions




350

Form 6–12K—Notice of application for renewal of detention order

Rule 12.09(2)


AT


and

IN THE MATTER of an application under section 71 of that Act for renewal of a detention order.


Applicant

and

C.D. Respondent

NOTICE OF APPLICATION FOR RENEWAL OF DETENTION ORDER

The Director of Public Prosecutions applies under section 71 of the Serious Offenders Act 2018 ("the Act") for renewal under section 73 of the Act of the detention order in respect of C.D. [name of offender] who is an eligible offender within the meaning of the Act.








Form 6–12K substituted by S.R. No. 133/2018 rule 6.



351








THIS APPLICATION is made upon the grounds that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a detention order or a supervision order is not made and C.D. is in the community and that that risk would be unacceptable unless a renewed detention order were made.

THE GROUNDS on which it is contended that C.D. poses, or after release from custody will pose, an unacceptable risk of committing *a serious sex offence/*a serious violence offence or/*both a serious sex offence and a serious violence offence if a detention order or a supervision order is not made and C.D. is in the community and that that risk would be unacceptable unless a renewed detention order were made are: [specify grounds]

THE PERIOD sought for the duration of the renewed detention order is: [insert period, not exceeding 3 years]



*progress report [identify report]

Date:




352





353

Form 6–12L—Detention orderRule 12.10(1)

[heading as in Form 6–12J]

DETENTION ORDERJUDGE:

DATE MADE:


HOW OBTAINED:


OTHER MATTERS:

THE COURT STATES, under section 65(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that the offender C.D. [name of offender] poses, or will pose, an unacceptable risk of committing

*a serious sex offence;

*a serious violence offence;

*both a serious sex offence and a serious violence offence—

as defined in 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 66 of the Act, C.D. is committed to detention in a prison for the period specified in this order.


1. C.D. [name of offender] be subject to a detention order under the Act.

2. THIS ORDER commences on: [insert details in accordance with section 68 of the Act].

3. THE PERIOD of this order is: [insert period, not exceeding 3 years, in accordance with section 69 of the Act].

Form 6–12L substituted by S.R. No. 133/2018 rule 6.



354

4. THE LATEST DATE by which an application for the first review of this order under Part 8 of the Act must be made is: [insert period, being not later than one year after order is first made, in accordance with section 100(1)(a) of the Act].

5. THE MAXIMUM INTERVAL(S) between subsequent reviews of this order *is/*are: [insert period, being not more than one year, in accordance with section 100(1)(b) of the Act].


[Name of Judge]




355

Form 6–12M—Detention order (renewed)Rule 12.10(2)

[heading as in Form 6–12K]

DETENTION ORDER (RENEWED)JUDGE:

DATE MADE:


HOW OBTAINED:


OTHER MATTERS:

THE COURT STATES, under sections 65(1), 73 and 74 of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that the offender C.D.[name of offender] poses, or will pose, an unacceptable risk of committing

*a serious sex offence;

*a serious violence offence;

*both a serious sex offence and a serious violence offence—

as defined in the Act if a renewed detention order is not made and C.D. is in the community.



1. The detention order in respect of C.D. [name of offender] be renewed under section 73(1)(a) of the Act.

2. C.D. [name of offender] be subject to a renewed detention order under the Act accordingly.

Form 6–12M substituted by S.R. No. 133/2018 rule 6.



356

3. THIS ORDER commences on: [insert details in accordance with section 68(2) of the Act].

4. THE PERIOD of this order is: [insert period, not exceeding 3 years, in accordance with section 6(1) and 73(5) of the Act].

5. THE LATEST DATE by which an application for the first review of this order under Part 8 of the Act must be made is: [insert period, being not later than one year after order is first made, in accordance with section 100(1)(a) of the Act].

6. THE MAXIMUM INTERVAL(S) between subsequent reviews of this order *is/*are: [insert period, being not more than one year, in accordance with section 100(1)(b) of the Act].


[Name of Judge]




357

Form 6–12N—Notice of application for interim detention order

Rule 12.11


AT


and

IN THE MATTER of an application under section *75/*107(3) of that Act for an interim detention order.


Applicant

and

C.D. Respondent

NOTICE OF APPLICATION FOR INTERIM DETENTION ORDER

The Director of Public Prosecutions applies

*under section 75 of the Serious Offenders Act 2018 ("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.

*under section 107(3) of the Act for an interim detention order in respect of C.D. [name of offender] who is the subject of an application for review of a supervision order and who is an eligible offender within the meaning of the Act.






Form 6–12N substituted by S.R. No. 133/2018 rule 6.



358











*an application under section 61 of the Act for a detention order which has been commenced but not determined [give details].C.D. is remanded

*an application under section 71 of the Act for renewal of a detention order which has been commenced but not determined [give details].

*[in the case of an application under section 107(3) of the Act] an application for review of a supervision order [give details].

*For the purposes of section 76(1)(a)(ii)(A) of the Act, C.D. is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 61 is determined.

*For the purposes of section 76(1)(a)(ii)(B) of the Act, the previous detention order has expired or will have expired before the application under section 71 is determined.

For the purposes of section 76(1)(b) of the Act, it is contended that the documents in support of the application made under *section 61/*section 71



359

of the Act would, if proved, justify the *making/*renewal of a detention order.

For the purposes of section 76(1)(c) of the Act, it is contended that it is in the public interest to make an interim detention order, having regard to the following matters—

*The application under section 61 of the Act for a detention order was not, or will not be, determined before C.D. is released from custody because [specify reasons].

*The application under section 71 of the Act for renewal of a detention order was not, or will not be, determined before the expiry of the previous detention order because [specify reasons].

*Further [specify the other matter(s) relied upon in support of the contention that it is in the public interest to make an interim detention order].

THE PERIOD sought for the duration of the interim detention order is: [insert period in accordance with section 81 of the Act]

Date:






360

Form 6–12O—Notice of application for extension of interim detention order

Rule 12.11


AT


and

IN THE MATTER of an application under section 83 of that Act for extension of an interim detention order.


Applicant

and

C.D. Respondent

NOTICE OF APPLICATION FOR EXTENSION OF INTERIM DETENTION ORDER

The Director of Public Prosecutions applies under section 83 of the Serious Offenders Act 2018 ("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.








Form 6–12O substituted by S.R. No. 133/2018 rule 6.



361









*an application under section 61 of the Act for a detention order which has been commenced but not determined [give details].C.D. is remanded

*an application under section 71 of the Act for renewal of a detention order which has been commenced but not determined [give details].

*For the purposes of section 76(1)(a)(ii)(A) of the Act (as applied by section 84(2) of the Act), C.D. is no longer, or will not be, remanded in custody or serving a custodial sentence when the application under section 61 is determined.

*For the purposes of section 76(1)(a)(ii)(B) of the Act (as applied by section 84(2) of the Act), the previous detention order has expired or will have expired before the application under section 71 is determined.

For the purposes of section 76(1)(b) of the Act (as applied by section 84(2) of the Act), it is contended that the documents in support of the application made under *section 61/*section 71 of the Act would, if proved, justify the *making/*renewal of a detention order.



362

For the purposes of section 76(1)(c) of the Act (as applied by section 84(2) of the Act), it is contended that it is in the public interest to make an interim detention order, having regard to the following matters—

*The application under section 61 of the Act for a detention order was not, or will not be, determined before C.D. is released from custody because [specify reasons].

*The application under section 71 of the Act for renewal of a detention order was not, or will not be, determined before the expiry of the previous detention order because [specify reasons].

*Further [specify the other matter(s) relied upon in support of the contention that it is in the public interest to extend the interim detention order].

THE PERIOD sought for the duration of the extension of the interim detention order is: [insert period in accordance with sections 81(2) and 84(1)(a) of the Act]

Date:






363

Form 6–12P—Interim detention orderRule 12.12(1)


INTERIM DETENTION ORDERJUDGE:

DATE MADE:


HOW OBTAINED:


OTHER MATTERS:

THE COURT STATES, under section 77(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that the making of this interim detention order is justified and that it is in the public interest to make this order.



1. C.D. [name of offender] be subject to an interim detention order under the Serious Offenders Act 2018.




[Name of Judge]

Form 6–12P substituted by S.R. No. 133/2018 rule 6.



364

Form 6–12Q—Order extending interim detention order

Rule 12.12(2)


ORDER EXTENDING INTERIM DETENTION ORDERJUDGE:

DATE MADE:


HOW OBTAINED:


OTHER MATTERS:

THE COURT STATES, under section 85(1) of the Serious Offenders Act 2018 ("the Act"), that THE COURT IS SATISFIED that this extension of the interim detention order to which C.D. [name of offender] is subject is justified and that it is in the public interest to grant the extension.


1. The interim detention order under 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 81 of the Act]


[Name of Judge]

Form 6–12Q substituted by S.R. No. 133/2018 rule 6.



365

Form 6–12R—Notice of application for emergency detention order

Rule 12.13


AT


and

IN THE MATTER of an application under section 87 of that Act for an emergency detention order.



and

C.D. Respondent

NOTICE OF APPLICATION FOR AN EMERGENCY DETENTION ORDER

The Secretary to the Department of Justice and Regulation applies under section 87 of the Serious Offenders Act 2018 ("the Act") for an emergency detention order in respect of C.D. [name of offender].

C.D. is currently subject to *a supervision order/*an interim supervision order [give details].

THIS APPLICATION is made upon the grounds of altered circumstances.

Circumstances have altered as follows: [specify]

Because of those altered circumstances C.D. poses an imminent risk of committing *a serious sex offence or/*a serious violence offence or/*both a serious sex offence and a serious violence offence as defined in the Act if an emergency detention order is not made: [specify reason why C.D. poses that risk]

There are no practicable and available means other than an emergency detention order to ensure that C.D. does not pose that risk: [specify reason why there are no other practicable and available means]

Form 6–12R substituted by S.R. No. 133/2018 rule 6.



366

THE PERIOD sought for the duration of the emergency detention order is: [insert period in accordance with section 93 of the Act]




Date:



and Regulation




367

Form 6–12S—Emergency detention orderRule 12.14

[heading as in Form 6–12R]

EMERGENCY DETENTION ORDERJUDGE:

DATE MADE:


HOW OBTAINED:


OTHER MATTERS:

THE COURT STATES, under section 90 of the Serious Offenders Act 2018 ("the Act"), that IT APPEARS TO THE COURT that the matters alleged in support of the application would, if proved, establish that because of altered circumstances C.D. poses an imminent risk of committing *a serious sex offence or/*a serious violence offence or/*both a serious sex offence and a serious violence offence as defined in the Act if an emergency detention order is not made.



1. C.D. [name of offender] be subject to an emergency detention order under section 89 of the Serious Offenders Act 2018.




Form 6–12S substituted by S.R. No. 133/2018 rule 6.



368

[Name of Judge]



369

Form 6–12T—Warrant to detainRule 12.15


AT

WARRANT TO DETAIN IN PRISON OFFENDER WHO IS SUBJECT TO EMERGENCY DETENTION ORDER

(Section 95 of the Serious Offenders Act 2018)

TO:

*[insert name of police officer]*all police officers *any prison officer within the meaning of the Corrections Act 1986

Offender's name:

Address:

Date of birth:

This warrant to detain is issued under section 95 of the Serious Offenders Act 2018 to detain in prison the offender named above who is subject to an emergency detention order and who:

*was not present at the hearing of the application for the emergency detention order;

OR

*is not in custody.

AUTHORITY AND DIRECTIONS

You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and you are directed and authorised to take and safely convey the person named in this warrant to a prison and there to deliver the person to the officer in charge of the prison.

To the Secretary to the Department of Justice and Regulation or any other person into whose custody the person named in this warrant is transferred:

You are directed and authorised to receive that person into custody and safely keep that person for the period specified, or in the circumstances described in

Form 6–12T substituted by S.R. No. 133/2018 rule 6.



370

this warrant or until that person is otherwise removed or discharged from custody by due course of law.

Dated: [insert date]

[Signed]

Judge




371

Form 6–12U—Notice of application by Secretary for review of supervision order

Rule 12.16(1)


NOTICE OF APPLICATION BY SECRETARY FOR REVIEW OF SUPERVISION ORDER

The Secretary to the Department of Justice and Regulation applies under section 99 of the Serious Offenders Act 2018 ("the Act") for a review of the supervision order made by the Court on [insert date of order].

THE ORDER sought is: [set out the nature of the order sought]

FILED with this notice is a progress report in respect of C.D. [identify report]

Date:

[Signed]

for and on behalf ofthe Secretary to the Department

of Justice and Regulation


Form 6–12U substituted by S.R. No. 133/2018 rule 6.



372

Form 6–12V—Notice of application by DPP for review of detention order

Rule 12.16(2)


NOTICE OF APPLICATION BY DPP FOR REVIEW OF DETENTION ORDER

The Director of Public Prosecutions applies under section 100 of the Serious Offenders Act 2018 ("the Act") for a review of the detention order made by the Court on [insert date of order].



Date:

[Signed]

for and on behalf ofthe Director of Public Prosecutions


Form 6–12V substituted by S.R. No. 133/2018 rule 6.



373

Form 6–12W—Notice of application for leave to apply for review of supervision order

Rule 12.17(1)


NOTICE OF APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF SUPERVISION ORDER

*The Secretary to the Department of Justice and Regulation applies under section 102(1) of the Serious Offenders Act 2018 ("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 motion/*on the recommendation of the Post Sentence Authority.

*The Director of Public Prosecutions applies under section 102(1) of 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.

*I, C.D. apply under section 102(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.

THE GROUNDS on which this application is made are:

*the following new facts or circumstances would justify a review of the order [specify]

*the following reasons justify the review of the order in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation [specify]



Date:



Form 6–12W substituted by S.R. No. 133/2018 rule 6.



374

Form 6–12X—Notice of application under sections 102(1) and 112 of the Serious

Offenders Act 2018 for review of supervision order on ground of statutory amendments to

core conditionsRule 12.17(2)


NOTICE OF APPLICATION FOR REVIEW OF SUPERVISION ORDER ON GROUND OF STATUTORY AMENDMENTS TO

CORE CONDITIONS*The Secretary to the Department of Justice and Regulation applies under sections 102(1) and 112 of the Serious Offenders Act 2018 ("the Act") for a review of the supervision order made by the Court on [insert date of order]. This application is made *on the Secretary's own motion/*on the recommendation of the Post Sentence Authority.

*The Director of Public Prosecutions applies under sections 102(1) and 112 of the Act for a review of the supervision order made by the Court on [insert date of order].

*I, C.D. apply under sections 102(1) and 112 of the Act a review of the supervision order made by the Court [insert date of order].

THE GROUND on which this application is made is that amendments to section 31 of the Act which amend the core conditions to which the supervision order is subject have come into operation since the supervision order was made or last renewed or reviewed [give details].

*Further, it is sought, under section 112(2)(b) of the Act, that the Court deal with another matter or matters that could be the subject of an application under section 102 of the Act [give details of the matter or matters].

*There are new facts or circumstances which would justify the review of the supervision order [give details]

Form 6–12X substituted by S.R. No. 133/2018 rule 6.



375

*It would be in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation, to review the order [give reasons].



Date:





376

Form 6–12Y—Notice of application for leave to apply for review of detention order

Rule 12.18(1)


NOTICE OF APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF DETENTION ORDER

*The Director of Public Prosecutions applies under section 102(2) of the Serious Offenders Act 2018 ("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 102(2) of the Act for leave of the Court to apply for a review of the detention order made by the Court on [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:

*the following new facts or circumstances would justify a review of the order [specify]

*the following reasons justify the review of the order in the interests of justice, having regard to the purposes of the order and the manner and effect of its implementation [specify]



Date:



Form 6–12Y substituted by S.R. No. 133/2018 rule 6, amended by S.R. No. 168/2018 rule 11.



377

Form 6–12Z—Notice of application for leave to apply for review of conditions

of supervision order or interim supervision order

Rule 12.20


NOTICE OF 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 110 of the Serious Offenders Act 2018 ("the Act") for leave of the Court to apply for a review of the conditions, other than the core conditions, 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 110 of the Act for leave of the Court to apply for a review of the conditions, other than the core conditions, 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 *is/*are the subject of this application are: [specify condition(s) to which the application relates]

THE GROUNDS on which this application is made are as follows:

*New facts and circumstances justifying the review have arisen since the conditions were made [specify new facts and circumstances justifying review]: or

*It would generally be in the interests of justice, having regard to the purposes of the condition and the manner or effect of their implementation, to review the conditions [specify reasons the review is justified in the interests of justice].


FILED with this notice are:

Form 6–12Z inserted by S.R. No. 133/2018 rule 6.



378

*progress report in respect of C.D. [identify report]

*certificate of available resources.

Date:





379

Form 6–12ZA—Notice of application by Secretary for review of intensive treatment

and supervision conditionRule 12.21


NOTICE OF APPLICATION BY SECRETARY FOR REVIEW OF INTENSIVE TREATMENT AND

SUPERVISION CONDITION

The Secretary to the Department of Justice and Regulation applies under section 113 of the Serious Offenders Act 2018 ("the Act") for a review of the intensive treatment and supervision condition imposed on a supervision order made by the Court on [insert date of order] in respect of C.D.

*THE CONDITION which is the subject of this application is: [specify the condition to which the application relates]


FILED with this notice are:

treatment and supervision plan in relation to C.D. [identify plan]



Date:



and Regulation


Form 6–12ZA inserted by S.R. No. 133/2018 rule 6.



380

Form 6–12ZB—Notice of appeal by offenderRule 12.22(1)


AT

IN THE COURT OF APPEAL 20 No.

IN THE MATTER of an appeal under Part 9 of the Serious Offenders Act 2018

BETWEEN

A.B. Appellant

and

*The Secretary to the Department of Justice and Regulation/*The Director of Public Prosecutions

Respondent

NOTICE OF APPEAL BY OFFENDERTO: 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 115 of the Serious Offenders Act 2018 ("the Act") 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.

Form 6–12ZB inserted by S.R. No. 133/2018 rule 6.



381

*a decision made on [date] by [identify court and Judge] to declare a condition on *a supervision order/*an interim supervision order in respect of the appellant to be a restrictive condition under section 41 of the Act.

*a decision made on [date] by [identify court and Judge] to extend an intensive treatment and supervision condition imposed on a supervision 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 *cancel/*suspend the appellant's firearms authority.

*a decision made on [date] by [identify court and Judge] to *revoke/*suspend a weapons approval held by the appellant.

*a decision made on [date] by [identify court and Judge] to *revoke/*suspend the application of a weapons exemption to the appellant.

*a decision made on [date] by [identify court and Judge] to specify 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 [identify the specified period of operation].

*a decision made on [date] by [identify court and Judge] on a review under Part 8 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.

*a decision made on [date] by the Supreme Court constituted by [identify Judge] to make an emergency detention order in respect of the appellant.

*a decision made on [date] by the Supreme Court constituted by [identify Judge] to specify a particular period of operation for an emergency detention order in respect of the appellant [identify the specified period of operation].

2. THE GROUNDS of the appeal are: [set out 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 under appeal was made:

5. Name of counsel (if any) who represented appellant in the court where the decision under appeal was made:

6. State whether you wish—

(a) to be present at the hearing of this proceeding; or



382

(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



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.

2. Your attention is drawn to the procedure for appeals set out in Part 9 of the Serious Offenders Act 2018 and the powers of the Court of Appeal under that Act. As soon as practicable after filing notice of appeal with the Court of Appeal, you must cause a copy of the notice to be served on the respondent to the appeal.

3. Under section 118(5) of the Serious Offenders Act 2018, 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.



383

Form 6–12ZC—Notice of appeal by Secretary to Department of Justice

and RegulationRule 12.22(2)


AT

IN THE COURT OF APPEAL


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 that it is in the public interest to do so, appeals to the Court of Appeal under section 116 of the Serious Offenders Act 2018 ("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.

*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].

Form 6–12ZC inserted by S.R. No. 133/2018 rule 6.



384

*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 8 of the Act to revoke 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] to specify a particular period of operation of *a supervision order/*an interim supervision order in respect of A.B [identify the specified period of operation].

*a decision made on [date] by [identify court and Judge] not to make an emergency detention order in respect of A.B.

*a decision made on [date] by [identify court and Judge] to specify a particular period of operation of an emergency detention order in respect of A.B. [identify the specified period of operation].

*a decision made on [date] by [identify court and Judge] *to impose/*not to impose conditions (other than core conditions) on *a supervision order/*an interim supervision order in respect of A.B.

*a decision made on [date] by [identify court and Judge] *to declare/*not to declare a condition on a supervision order in respect of A.B. to be a restrictive condition under section 41 of the Act.

*a decision made on [date] by [identify court and Judge] not to extend an intensive treatment and supervision condition on 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 *cancel/*suspend A.B's firearms authority.

*a decision made on [date] by [identify court and Judge] not to *revoke/*suspend a weapons approval held by A.B.

*a decision made on [date] by [identify court and Judge] not to *revoke/*suspend the application of a weapons exemption to A.B.



4. As required by section 118(4) of the Act, the copy served of this notice is to be accompanied by a notice setting out A.B.'s rights in relation to the appeal and the procedure for the hearing and determination of the appeal.

Date:


of the Secretary to the



385

Department of Justice and Regulation


IMPORTANT NOTE

To the respondent:

Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of the appeal commenced by this notice, or attend by audio visual link or audio 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.



386

Form 6–12ZD—Notice of appeal by DPPRule 12.23(3)


AT



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


1. TAKE NOTICE that the appellant, the Director of Public Prosecutions, considering that it is in the public interest to do so, appeals to the Court of Appeal under section 117 of the Serious Offenders Act 2018 ("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.

*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 8 of the Act to revoke a detention order in respect of A.B. previously made on [date] by [identify court and Judge].

Form 6–12ZD inserted by S.R. No. 133/2018 rule 6.



387

*a decision made on [date] by [identify court and Judge] to specify a particular period of operation of *a detention order/*an interim detention order in respect of A.B. [identify the specified period of operation].

2. THE GROUNDS of the appeal are: [state briefly the grounds of the appeal]


4. As required by section 118(4) of the Act, the copy of this notice of appeal is to be accompanied by a notice setting out A.B.'s rights in relation to the appeal and the procedure for the hearing and determination of the appeal.

Date:




IMPORTANT NOTE

To the respondent:

Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of the appeal commenced by this notice, or attend by audio visual link or audio 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.



388

Form 6–12ZE—Notice of appeal relating to publication of information

Rule 12.22(4)


AT


IN THE MATTER of an appeal under section 123 of the Serious Offenders Act 2018

BETWEEN

Appellant

and

Respondent

NOTICE OF APPEAL RELATING TO PUBLICATION OF INFORMATION

TO: the Registrar of Criminal Appeals:


1. TAKE NOTICE that the appellant, being a person affected by a decision of a court under Division 1 of Part 19 of the Serious Offenders Act 2018 ("the Act"), appeals to the Court of Appeal under section 123 of the Act against the decision, being:

*a decision made on [date] by [identify court and Judge] to make an order under section 278 of the Act authorising the publication of material referred to in section 277 of the Act.

*a decision made on [date] by [identify court and Judge] to make an order under section 279 of the Act restricting publication of information of the kind referred to in section 279 of the Act.



Date:

Form 6–12ZE inserted by S.R. No. 133/2018 rule 6.



389

[Signed]by for and on

behalf of the Appellant*Delete if not applicable



390

Form 6–12ZF—Order to attend for examination

Rule 12.23


ORDER TO ATTEND FOR EXAMINATIONJUDGE:

DATE MADE:


HOW OBTAINED:

ATTENDANCE: [set out attendance (including by audio visual link or audio link) or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]

THE COURT ORDERS THAT under section 127 of the Serious Offenders Act 2018 ("the Act") C.D. [name of offender] attend for a personal examination by a medical expert or other person [insert name and any other relevant details of expert or other person who is to conduct the personal examination and the time and place required for the attendance for examination] for the purpose of enabling that expert or other person to make a report, or give evidence, to the Court.


[Name of Judge]

NOTE

To [name of offender]:

This order requires you to attend for a personal examination. However, in accordance with section 127(2) of the Serious Offenders Act 2018, this order does not require you to submit to a physical examination or in any way actively to cooperate in the carrying out of a personal examination.

Form 6–12ZF inserted by S.R. No. 133/2018 rule 6.



391


Rule 12.24

NOTICE OF INTENTION TO DISPUTE ASSESSMENT REPORT, PROGRESS REPORT

OR OTHER REPORT TO COURTTo the Prothonotary:

TAKE NOTICE THAT:

*The Secretary to the Department of Justice and Regulation intends

*The Director of Public Prosecutions intends

*I, C.D. intend

under section 271 of the Serious Offenders Act 2018 ("the Act") to dispute the *whole of/*a specified part of *an assessment report/*a progress report/*a report made to the Court/*any other report.

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 another report [identify report]

*part of another report [identify report and part disputed]

THE GROUNDS on which I intend to dispute *the report/*part of the report are: [set out the grounds].

Date:

[Signature of party giving notice or party's legal advisor]


Form 6–12ZG inserted by S.R. No. 133/2018 rule 6.



392

Form 6–12AA—Application for suspensionof registrable offender's reporting obligationsRule 12A.02(1)


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]




393

Form 6–12AB—Application for new order suspending registrable offender's

reporting obligationsRule 12A.02(2)


AT


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.



Date:

[Signed]



394




395

Form 6–12AC—Application by Chief Commissioner of Police for suspension of

registrable offender's reporting obligationsRule 12A.03(1)


AT


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 OBLIGATIONSThe 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].


*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]




396

Form 6–12AD—Application by Chief Commissioner of Police for revocation of order suspending registrable offender's

reporting obligationsRule 12A.03(2)


AT


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].


*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:





397

Form 6–12AE—Application by Chief Commissioner of Police for new order

suspending registrable offender's reporting obligations

Rule 12A.03(3)


AT


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 OBLIGATIONSThe 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.





398

Date:





399

Form 6–13A—Application for coercive powers order

Rule 13.04


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 ORDERI, [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]


*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].



400

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:





401

Form 6–13B—Coercive powers orderRule 13.05


COERCIVE POWERS ORDERJUDGE:

DATE MADE:


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.



402

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].


[Name of Judge]




403

Form 6–13BA—Application for revocation of coercive powers order

Rule 13.05.1


AT


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].


*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:





404

Form 6–13BB—Application objecting to disclosure or production of protected information at revocation hearing for

of coercive powers orderRule 13.05.2


AT


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].



405

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].


THE PROTECTED INFORMATION to which this application relates is: [brief description of type of protected information].

Date:





406

Form 6–13C—Application for issue of witness summons

Rule 13.06


AT


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 SUMMONSI, [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]



407

*I SUSPECT that the person to whom the summons is to be directed has a mental impairment.

*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:





408

Form 6–13D—Application for order under section 18(2) of Major Crime

(Investigative Powers) Act 2004Rule 13.07


AT


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:




409




410

Form 6–13E—Application for extension of period of notice—confidential document

Rule 13.08


AT


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].


Date:





411

Form 6–13F—Application to determine legal professional privilege

Rule 13.09


AT


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].


Date:

Chief Examiner




412

Form 6–14A—Application under section 10 of Crimes (Assumed Identities) Act 2004

Rule 14.04(1)


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 10I, *[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.


Date:





413

Form 6–14B—Application under section 12 of Crimes (Assumed Identities) Act 2004

Rule 14.04(2)


AT


and


APPLICATION UNDER SECTION 12I, *[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].


Date:





414



415

Form 6–14C—Order under section 10 of Crimes (Assumed Identities) Act 2004

Rule 14.06(1)


AT


and


ORDER UNDER SECTION 10JUDGE:

DATE MADE:


HOW OBTAINED:


OTHER MATTERS:


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].


[Name of Judge]



416

Form 6–14D—Order under section 12 of Crimes (Assumed Identities) Act 2004

Rule 14.06(2)


AT


and


ORDER UNDER SECTION 12JUDGE:

DATE MADE:


HOW OBTAINED:


OTHER MATTERS:


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.


[Name of Judge]



417

Form 6–15A—Identity crime certificateRule 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 CERTIFICATEThe 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:





418

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]




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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 ORDERTo: 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:




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Schedule 1—Revoked statutory rulesRule 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







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: 28 November 2017

ANNE FERGUSON, C.J.

CHRISTOPHER MAXWELL, P.

R. S. OSBORN, J.A.

SIMON P. WHELAN, J.A.

PHILLIP PRIEST, J.A.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.



421

S. G. E. McLEISH, J.A.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

LEX LASRY, J.

JAMES JUDD, J.

PETER VICKERY, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

G. J. DIGBY, J.

JAMES D. ELLIOTT, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

M. J. CROUCHER, J.

CHRISTOPHER W. BEALE, J.

MICHAEL McDONALD, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MAREE KENNEDY, J.

═════════════



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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Supreme Court (Criminal Procedure) Rules 2017, S.R. No. 126/2017 were made on 28 November 2017 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, the Crimes Act 1958, section 69ZF of the Sentencing Act 1991, the Criminal Procedure Act 2009, section 50 of the Interpretation of Legislation Act 1984 and all other enabling powers and came into operation on 1 January 2018: regulation 1.03(1).

The Supreme Court (Criminal Procedure) Rules 2017 will sunset 10 years after the day of making on 28 November 2027 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).



423

http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).



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2 Table of AmendmentsThis publication incorporates amendments made to the Supreme Court (Criminal Procedure) Rules 2017 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Supreme Court (Appeals to the Trial Division, Judicial Review and Further Powers of Judicial Registrars Amendment) Rules 2018, S.R. No. 32/2018

Date of Making: 22.3.18Date of Commencement: Rules 25–35 on 1.5.18: rule 3

Supreme Court (Chapters I and VI Miscellaneous Amendments) Rules 2018, S.R. No. 33/2018

Date of Making: 22.3.18Date of Commencement: Rule 6 on 26.3.18: rule 3

Supreme Court (Chapter VI Serious Offenders Amendment) Rules 2018, S.R. No. 133/2018

Date of Making: 12.9.18Date of Commencement: 24.9.18: rule 3

Supreme Court (Chapters I, IV and VI Further Amendment) Rules 2018, S.R. No. 168/2018

Date of Making: 17.10.18Date of Commencement: Rules 10, 11 on 22.10.18: rule 3

Supreme Court (E-filing in Criminal Proceedings and Other Matters Amendment) Rules 2019, S.R. No. 21/2019

Date of Making: 21.3.19Date of Commencement: Rules 4–10 on 25.3.19: rule 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––



425

3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



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4 Explanatory details

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.



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