Supreme Court (Criminal Procedure) Rules 2017 · Supreme Court (Criminal Procedure) Rules 2017 ......

17-033SR.S1-20/11/2017 i

Supreme Court (Criminal Procedure) Rules 2017

S.R. No.

TABLE OF PROVISIONS

Rule Page

Order 1—Preliminary 1

1.01 Title and object 1 1.02 Authorising provisions 1 1.03 Commencement and revocation 2 1.04 Application of Rules 2 1.05 Definitions 2 1.06 Registrar of Criminal Appeals 3 1.06.1 Associate Judge acting for Registrar 4 1.07 Calculating time 4 1.08 Extension and abridgement 4 1.09 Process in vacation 5 1.10 Content and form of documents 5 1.11 Filing of documents 5 1.12 Subpoenas 6 1.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010 7 1.12.2 Procedure under the Vexatious Proceedings Act 2014 8 1.13 Authentication 8 1.14 Amendment of judgment or order 9 1.15 Effect of non-compliance and dispensing with compliance 9 1.16 Exercise of jurisdiction by Judge of the Court or Court of

Appeal 9 1.17 Notices to be signed 10 1.18 General applications 10

Order 2—Criminal appeals 11

Part 1—Preliminary 11

2.01 Definitions 11 2.02 Single judge 12 2.03 Jurisdiction and powers exercisable by two Judges of

Appeal 12 2.04 Legal practitioners 13

Part 2—Commencement of appeals under Divisions 1 and 2 of

Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 14

2.05 Application for leave to appeal against conviction or

sentence 14

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2.06 Application may be determined by single Judge of Appeal 15 2.07 Procedure for determination of application by single Judge

of Appeal 15 2.08 Procedure for renewal of application 16 2.09 Powers of determination 18 2.10 Application may be treated as appeal 18 2.11 No notice of appeal when leave is granted 18 2.12 Unrepresented appellant 18 2.13 Registrar may vacate hearing date or refer for dismissal 18

Part 3—Appeals under Division 3 of Part 6.3 of Chapter 6 of the

Criminal Procedure Act 2009 19

2.15 Crown appeals 19

Part 4—Applications under Division 5 of Part 6.3 of Chapter 6 of

the Criminal Procedure Act 2009 20

2.16 Refusal to reserve question of law—application to show

cause 20 2.17 Applicant to file affidavit 21

Part 5—Appeals under Crimes (Mental Impairment and Unfitness

to be Tried) Act 1997 21

2.17.1 Application of this Part 21 2.18 Commencement of appeal against finding that accused is

unfit to stand trial 21 2.19 Commencement of appeal against verdict of not guilty

because of mental impairment 22 2.20 Application may be treated as appeal 22 2.21 No notice of appeal when leave is granted 22

Part 6—Applications under Division 7 of Part 6.3 of Chapter 6 of

the Criminal Procedure Act 2009 23

2.22 Application for extension of time 23 2.23 Extension of time before Registrar 23 2.24 Extension of time—application under section 313(2) 24 2.25 Application under section 315—refusal of Judge of Appeal

to exercise powers 24

Part 7—Reference to Court of Appeal on petition of mercy 25

2.26 Reference on petition of mercy 25

Part 8—Procedures 25

2.27 Time 25 2.28 Fine and imprisonment in default—fine paid to be retained

pending appeal 26 2.29 Procedure for appeal where fine and imprisonment in

default 26

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2.30 Pre-hearing conference 28 2.31 Transcript of trial 28 2.32 Preservation of exhibits 29 2.33 Copies of transcript, exhibits etc. 29 2.34 Return of exhibits after hearing 30 2.35 Certificate of conviction 30 2.36 Attendance of appellant 31 2.37 Bringing appellant in custody before the Court 31 2.38 Bail 32 2.39 Registrar to notify determination 32 2.40 Notice of abandonment 32 2.41 Abandonment 33 2.42 Report from trial judge 33 2.43 Original depositions, exhibits etc. 34 2.44 Witnesses before Court of Appeal—section 318 34 2.45 Examination other than by court under section 318(2) 35 2.46 Special commissioners—section 320 36 2.47 Entitlement to hearing when restitution order or

compensation order made 37 2.48 Property subject to restitution order or compensation order 38 2.49 Security may be ordered 38 2.50 Property subject to order for forfeiture or destruction 38 2.51 Custody of property of convicted person 39 2.52 Transfer of prisoners 39 2.53 Duties of prison officers 39 2.54 Obligation of prison officers—section 283 appeals 41

Part 9—Other applications to Court of Appeal 41

2.55 Application of Part 41 2.56 Application by summons 42 2.57 Service 42 2.58 Directions hearing 42 2.59 Court of Appeal may set aside or give directions 42

Order 3—Interlocutory appeals under the Criminal Procedure

Act 2009 43

3.01 Application of Order 43 3.02 Definitions 43 3.03 Commencement of interlocutory appeal—section 295 43 3.04 Commencement of application for review of refusal to

certify—section 296 43 3.05 Appellant to file affidavit 44 3.06 Application for leave may be treated as appeal or review 45

Order 3A—Appeals on a question of law 46

3A.01 Application of Order and definitions 46 3A.02 Commencement of appeal on a question of law 46

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3A.03 Notice of appeal 46 3A.04 Appellant to file affidavit 48 3A.05 Directions 48 3A.06 Leave to appeal 50 3A.07 Stay 50 3A.08 Delay and expedition 50 3A.09 Report 51 3A.10 Reference by Associate Judge to Judge of the Court 51 3A.11 Reference by Judge of the Court to Associate Judge 51 3A.12 Appeal to a Judge of the Court 52 3A.13 Appeal to the Court of Appeal 52

Order 3B—Appeals under the Children, Youth and Families

Act 2005 other than appeals on a question of law 54

3B.01 Application of Order 54 3B.02 Notice of appeal and undertaking to proceed with appeal 54 3B.03 Legal practitioner to notify that practitioner acts 54 3B.04 Prothonotary to fix hearing 55 3B.05 Recording of decision on appeal under section 424 55 3B.06 Appeal by DPP against sentence 56 3B.07 Appeal by DPP under section 429A—failure to fulfil

undertaking 57 3B.08 Abandonment of appeal 57 3B.09 Order striking out appeal 57 3B.10 Application to set aside order striking out appeal for failure

to appear 57 3B.11 Original depositions, exhibits etc. 58 3B.12 Prothonotary to notify determination 58 3B.13 Certificate of conviction 59 3B.14 Fine and imprisonment in default—fine paid to be retained

pending appeal 59 3B.15 Entitlement to hearing when restitution order or

compensation order made 60 3B.16 Property subject to restitution order or compensation order 60

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

(Mental Impairment and Unfitness to be Tried) Act 1997 61

3C.01 Application of Order 3C 61 3C.02 Appeal by child against finding of unfitness to be tried 61 3C.03 Appeal by child against finding of not guilty because of

mental impairment 61 3C.04 Appeal by DPP against order for unconditional release 61 3C.05 Appeal by child against supervision order 61 3C.06 Appeal by DPP, Attorney-General or Secretary to the

Department of Health and Human Services against

supervision order 62 3C.07 Affidavit in support 62

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3C.08 Children's Court recording officer to give Court documents

when required 63

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

of the Criminal Procedure Act 2009 64

3D.01 Application of this Order 64 3D.02 Definitions 64 3D.03 Notice of appeal by offender 64 3D.04 Appeals by DPP against sentence or failure to fulfil

undertaking 65 3D.05 Prothonotary to fix date for hearing of appeal 65 3D.06 Abandonment of appeal 66 3D.07 Written notice of abandonment of appeal—conviction only 66 3D.08 Application to set aside an order striking out appeal for

failure to appear 66 3D.09 Recording and notification of result of appeal 66 3D.10 Legal practitioner to notify that practitioner acts 67

Order 4—Criminal Procedure rules 68

Part 1—Pre-trial criminal procedure 68

4.01 Definitions 68 4.02 Filing indictment 68 4.03 Notice to accompany copy indictment—no legal

practitioner representing accused 68 4.04 Notice by legal practitioner to DPP and Judicial Registrar-

Criminal Division 69 4.05 Notice by legal practitioner to Prothonotary 70 4.06 Unrepresented accused 70 4.07 Case conference 71

Part 2—Notices under the Act and general matters 73

4.09 Commonwealth DPP 73 4.10 DPP to specify sections in notice given under the Act 73 4.11 Notice of alibi 73 4.12 Recording of time and date of arraignment 73 4.13 Notice of intention to plead guilty to remaining charges in

indictment 73 4.14 Summons or warrant when direct indictment filed 73

Part 3—Authority of judicial registrars under this Order 74

4.15 Authority of judicial registrar at directions hearings 74 4.16 Limitations on authority of judicial registrar 74 4.17 Further authority of judicial registrars 75 4.18 Judicial registrar may constitute Trial Division of Court 76 4.19 Appeal from determination by a judicial registrar under

this Order 76

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4.20 Judicial registrar may act for another 77

Order 5—Payment of fines rules 78

Part 1—Payment of fines—Sentencing Act 1991 78

5.01 Definitions 78 5.02 Proper officer 78 5.03 Application 78 5.04 Application operates as stay 78 5.05 Consideration of application 79 5.06 Service of copy order 79 5.07 Enforcement of fines against a natural person 79 5.08 Enforcement of fine against body corporate 79

Part 2—Applications under the Sheriff Act 2009 80

5.09 Application for reinstatement of certain money warrants 80 5.10 Filing and service of summons 80

Order 6—Confiscation of property and proceeds of crime 81

Part 1—Preliminary matters 81

6.01 Definitions 81 6.02 Application of this Order 81 6.03 Notice by legal practitioner 81

Part 2—Applications under the Confiscation Act 1997 82

6.04 Making of application to the Court 82 6.05 Notice and service generally 82 6.06 Applications for restraining orders 82 6.07 Applications for monitoring orders 83 6.08 Application without notice under the Act 83 6.09 Form of certain applications and notices of application 83 6.10 Filing and directions 84 6.11 Notice by person contesting an application 85 6.12 Evidence 85 6.13 Notice of order or declaration 86 6.14 Notice of discharge 87 6.15 Interstate order 88 6.16 Examination under section 98(2) of the Act 88

Part 3—Applications under the Commonwealth Act 88

6.17 Making of application to the Court under the

Commonwealth Act 88 6.18 Notice and service under the Commonwealth Act 88 6.19 Applications for restraining orders and other applications

under the Commonwealth Act 89 6.20 Applications for monitoring orders under the

Commonwealth Act 89

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6.21 Filing and directions 89 6.22 Notice by person contesting an application under the

Commonwealth Act 90 6.23 Evidence 90 6.24 Notice of order or declaration under Commonwealth Act 90

Order 7—Surveillance devices rules 91

7.01 Definition 91 7.02 Application of Order 91 7.03 Forms of application 91 7.04 Filing and service of documents 91 7.05 Form of surveillance device warrants 91 7.06 Form of retrieval warrant 91 7.07 Assistance orders 92 7.08 Reports under section 30K 92

Order 9—Witness protection rules 94

9.01 Definition 94 9.02 Application of Order 94 9.03 Application 94 9.04 Filing and service of documents 94

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

links 95

10.01 Definition 95 10.02 Application under section 42E of the Act 95 10.03 Application under section 42L of the Act 95 10.04 Application under section 42M of the Act 95 10.05 Application under section 42N of the Act 96 10.06 Application under section 42P of the Act 96

Order 11—Terrorism (Community Protection) rules 97

11.01 Definition 97 11.02 Application of Order 97 11.03 Form of application to Court 97 11.04 Filing of documents 97 11.05 Form of warrant 97

Order 12—Serious Sex Offenders (Detention and Supervision)

rules 98

12.01 Definition 98 12.02 Application of Order 98 12.03 Forms of application for supervision order and renewal of

supervision order 98 12.04 Form of supervision order 98 12.05 Forms of application for detention order and renewal of

detention order 98

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12.06 Form of detention order 99 12.07 Forms of application for interim supervision order and

extension of interim supervision order 99 12.08 Forms of application for interim detention order and

extension of interim detention order 99 12.09 Forms of interim order and order extending interim order 99 12.10 Application for review of orders 100 12.11 Applications for leave to review orders 100 12.12 Review of conditions of supervision order or interim

supervision order 101 12.13 Order for a person to attend for examination 101 12.14 Forms of notice of appeal 101 12.15 Notice of intention to dispute reports under section 113 of

the Act 101 12.16 Filing of documents 102

Order 12A—Sex Offenders Registration rules 103

12A.01 Definition 103 12A.02 Forms of application for exemption from reporting

requirements 103 12A.03 Forms of application by Chief Commissioner of Police 103 12A.04 Filing of documents 104

Order 13—Major Crime (Investigative Powers) rules 105

13.01 Definition 105 13.02 Application of Order 105 13.03 Applications made under this Order 105 13.04 Form of application for coercive powers order or extension

or variation of order 105 13.05 Form of order 105 13.05.1 Application for revocation of coercive powers order 105 13.05.2 Application objecting to disclosure or production

of protected information at revocation hearing 106 13.06 Form of application for witness summons 106 13.07 Form of application for order to bring person in custody

before Chief Examiner 106 13.08 Application for extension of period to protect matters

specified in section 20(8F)(a) to (d) of the Act 106 13.09 Application to determine legal professional privilege 106 13.10 Filing of documents 106

Order 14—Assumed identity rules 107

14.01 Definition 107 14.02 Application of Order 107 14.03 Applications made under this Order 107 14.04 Forms of application under the Act 107 14.05 Filing of documents 107

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14.06 Forms of order 108

Order 15—Identity crime rules 109

15.01 Identity crime certificate 109 15.02 Notice to prosecutor to assist 109

Order 16—Procedure under the Open Courts Act 2013 110

16.01 Definitions 110 16.02 Notice of application for suppression order 110

Form 6–1A—Subpoena to attend to give evidence 111

Form 6–1B—Subpoena to produce 114

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

produce 119

Form 6–1BA—Subpoena to give evidence (New Zealand) 124

Form 6–1BB—Subpoena to produce documents (New Zealand) 130

Form 6–1BC—Subpoena to give evidence and produce documents

(New Zealand) 138

Form 6–1D—General application 147

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

conviction 148

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

sentence 151

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

section 283 of Criminal Procedure Act 2009 154

Form 6–2D—Notification to applicant of single Judge's decision 156

Form 6–2DA—Notification to appellant of single Judge's decision

to grant leave to appeal or refer application to at least two Judges

of Appeal 157

Form 6–2DB—Notification to appellant of single Judge's decision

to grant leave to appeal on some grounds and refuse leave on other

grounds or to refuse leave to appeal 159

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

decision on renewed application 161

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

Act 2009 163

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

finding of unfitness to stand trial 164

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

mental impairment verdict 167

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

of appeal or notice of application for leave to appeal 170

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

section 313 of Criminal Procedure Act 2009 172

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

Court of Appeal 173

Form 6–2K—Election to have application under section 315 of

Criminal Procedure Act 2009 determined by Court of Appeal 174

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

surety 175

Form 6–2M—Notification of result of appeal or application 177

Form 6–2N—Notice of abandonment 178

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

witnesses 179

Form 6–2P—Notice to witness to attend before examiner 180

Form 6–2Q—Notice to prisoner who wishes to appeal 181

Form 6–2R—Information for persons on whom sentence of

imprisonment has been imposed by County Court on appeal from

Magistrates' Court 182

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

interlocutory decision 183

Form 6–3B—Notice of application for review of refusal to certify

under section 295(3) of Criminal Procedure Act 2009 185

Form 6–3BA—Notice of appeal and undertaking to proceed 186

Form 6–3BB—Notice of Supreme Court's decision on appeal 188

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

by Children's Court 189

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

Children, Youth and Families Act 2005 190

Form 6–3BE—Notice of abandonment of appeal under section

430C of Children, Youth and Families Act 2005 192

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

conviction only 193

Form 6–3BG—Order striking out appeal 194

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Form 6–3BH—Application to set aside order striking our appeal

for failure to appear 195

Form 6–3BI—Notification of result of appeal 196

Form 6–3CA—Notice of appeal by child against finding of

unfitness to be tried 197

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

guilty because of mental impairment 199

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

unconditional release 201

Form 6–3CD—Notice of appeal by child against supervision order 203

Form 6–3CE—Notice of appeal by DPP/Attorney-

General/Secretary to Department of Health and Human

Services against supervision order 205

Form 6–3DA—Notice of appeal 207

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

Act 2009 for proposed appellant 211

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

Procedure Act 2009 212

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


Form 6–3DE—Notice of abandonment of appeal 216

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

conviction only 218

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

for failure to appear 220

Form 6–3DH—Result of appeal form 222

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


Form 6–4B—Notice that legal practitioner acts 224

Form 6–4C—Notice that legal practitioner has ceased to act 225

Form 6–4E—Notice of alibi 227

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

remaining charges in indictment 228

Form 6–4G—Summons 229

Form 6–4H—Warrant to arrest 230

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Form 6–5A—Application for instalment order and other orders 232

Form 6–5B—Notice about procedure for enforcement of fines 234

Form 6–5E—Summons for failure to pay fine 236

Form 6–5F—Notice about procedure for enforcement of fine

(bodies corporate) 238

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

Act 2009 239

Form 6–6A—Application for restraining order 240

Form 6–6AB—Application for civil forfeiture restraining order 243

Form 6–6AC—Application for unexplained wealth restraining

order 245

Form 6–6B—Notice of application 247

Form 6–6C—Application for exclusion order 249

Form 6–6D—Application for further orders 252

Form 6–6E—Application for forfeiture order 254

Form 6–6F—Application for civil forfeiture order 256

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

section 40ZD exclusion order 258

Form 6–6G—Application for relief for undue hardship 260

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

property of serious drug offender 262

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

for exclusion order 264

Form 6–6J—Application for pecuniary penalty order 266

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

Act 1997 269

Form 6–6LA—Notice of contest of application 271

Form 6–6M—Notice of restraining order 272

Form 6–6N—Notice of discharge of forfeiture 274

Form 6–6O—Application for monitoring order 276

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

Commonwealth for restraining order 278

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

Commonwealth for unexplained wealth restraining order 281

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

Commonwealth for monitoring order 283

Form 6–6S—Notice of contest of application 285

Form 6–7A—Application for warrant 286

Form 6–7B—Application for retrieval warrant 288

Form 6–7C—Application for assistance order 290

Form 6–7D—Surveillance device warrant 292

Form 6–7E—Retrieval warrant 295

Form 6–7F—Assistance order 298

Form 6–7G—Endorsement of assistance order 299

Form 6–9A—Application 300

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

(Miscellaneous Provisions) Act 1958 301

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

appearance 302

Form 6–11A—Application for covert search warrant 304

Form 6–11B—Covert search warrant 305

Form 6–12A—Application for supervision order 307

Form 6–12B—Application for renewal of supervision order 309

Form 6–12C—Supervision order 311

Form 6–12D—Application for detention order 313

Form 6–12E—Application for renewal of detention order 315

Form 6–12F—Detention order 317

Form 6–12G—Application for interim supervision order 318

Form 6–12H—Application for extension of interim supervision

order 320

Form 6–12I—Application for interim detention order 322

Form 6–12J—Application for extension of interim detention order 324

Form 6–12K—Interim supervision order 326

Form 6–12L—Order extending interim supervision order 328

Form 6–12M—Interim detention order 329

Form 6–12N—Order extending interim detention order 330

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Form 6–12O—Application by Secretary for review of supervision

order 331

Form 6–12P—Application by DPP for review of detention order 332

Form 6–12Q—Application for leave to apply for review of

supervision order 333

Form 6–12R—Application for leave to apply for review of

detention order 335

Form 6–12S—Application for leave to apply for review of

conditions of supervision order or interim supervision order 337

Form 6–12T—Order to attend for examination 339

Form 6–12U—Notice of appeal by offender 340

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

Justice and Regulation 343

Form 6–12W—Notice of appeal by DPP 345

Form 6–12X—Notice of appeal relating to publication of

information 347

Form 6–12Y—Notice of intention to dispute reports to Court 348

Form 6–12AA—Application for suspension of registrable

offender's reporting obligations 350

Form 6–12AB—Application for new order suspending registrable

offender's reporting obligations 351

Form 6–12AC—Application by Chief Commissioner of Police for

suspension of registrable offender's reporting obligations 352

Form 6–12AD—Application by Chief Commissioner of Police for

revocation of order suspending registrable offender's reporting

obligations 353

Form 6–12AE—Application by Chief Commissioner of Police for

new order suspending registrable offender's reporting obligations 354

Form 6–13A—Application for coercive powers order 356

Form 6–13B—Coercive powers order 358

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

order 360

Form 6–13BB—Application objecting to disclosure or production

of protected information at revocation hearing for of coercive

powers order 361

Form 6–13C—Application for issue of witness summons 363

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Form 6–13D—Application for order under section 18(2) of Major

Crime (Investigative Powers) Act 2004 365

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

confidential document 366

Form 6–13F—Application to determine legal professional privilege 367

Form 6–14A—Application under section 10 of Crimes (Assumed

Identities) Act 2004 368

Form 6–14B—Application under section 12 of Crimes (Assumed


Form 6–14C—Order under section 10 of Crimes (Assumed


Form 6–14D—Order under section 12 of Crimes (Assumed


Form 6–15A—Identity crime certificate 372

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

Act 1991 373

Form 6–16A—Notice of application for suppression order 374

Schedule 1—Revoked statutory rules 375

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STATUTORY RULES 2017

S.R. No.

Supreme Court Act 1986


The Judges of the Supreme Court make the following Rules:

Order 1—Preliminary

1.01 Title and object

(1) These Rules constitute Chapter VI of the Rules of

the Supreme Court and are entitled the Supreme

Court (Criminal Procedure) Rules 2017.

(2) The object of these Rules is to provide certain

forms and procedures for matters in the Court

under the Crimes Act 1958 and the Criminal

Procedure Act 2009 and under other legislation

relating to matters of a criminal, quasi-criminal

or related nature.

1.02 Authorising provisions

These Rules are made under—

(a) section 25 of the Supreme Court Act 1986;

(b) the Crimes Act 1958;

(c) section 69ZF of the Sentencing Act 1991;

(d) the Criminal Procedure Act 2009;

(e) section 50 of the Interpretation of

Legislation Act 1984; and

(f) all other enabling powers.



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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;

Registrar means the Registrar of Criminal

Appeals and, if the duties and functions of

the Registrar of Criminal Appeals are being

carried out by an Associate Judge, means

that Associate Judge.

(2) In these Rules, a reference to the Judicial

Registrar-Criminal Division includes a person

assigned to those duties on an acting or temporary

basis.

1.06 Registrar of Criminal Appeals

(1) For the purpose of exercising any power or

function conferred on the Registrar by or under

these Rules, the Registrar—

(a) may constitute the Court of Appeal; and

(b) may exercise the jurisdiction and powers of

the Court of Appeal to the extent necessary

to exercise those powers or functions.

(2) The Registrar may nominate one or more

suitably qualified officers of the Court of Appeal

employed under section 106 of the Supreme

Court Act 1986 and delegate to such nominated

officers the carrying out of the functions and

powers of the Registrar in relation to the

management of criminal appeals and applications.



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(3) An officer referred to in paragraph (2) may

exercise the powers and functions of the Registrar

in relation to the powers and functions delegated

to the officer.

1.06.1 Associate Judge acting for Registrar

Where circumstances so require, an Associate

Judge may hear and determine an application

under these Rules instead of the Registrar.

1.07 Calculating time

(1) Any period of time fixed by or under these Rules

shall be calculated in accordance with this Rule.

(2) If a time of one day or longer is to begin on, or to

be calculated from, a day or event, the day or the

day of the event shall be excluded.

(3) If a time of one day or longer is to end on, or to be

calculated to, a day or event, the day or the day of

the event shall be included.

(4) If a period of five days or less would include a day

on which the office of the Court is closed, that day

shall be excluded.

(5) If the last day for doing any act at the office of

the Court is a day on which the office is closed,

the act may be done on the next day the office is

open.

1.08 Extension and abridgement

(1) The Court may extend or abridge any time fixed

by or under these Rules.

(2) The Court may extend time under paragraph (1)

before or after the time expires whether or not an

application for the extension is made before the

time expires.

Note

See also sections 247 and 313 of the Criminal Procedure

Act 2009 in relation to time under that Act.



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1.09 Process in vacation

In calculating the time fixed by or under these

Rules, the period from 24 December to 9 January

next following shall be excluded, unless the Court

otherwise orders.

1.10 Content and form of documents

(1) Except to the extent that the nature of the

document renders compliance impracticable,

a document prepared by a party for use in the

Court shall be prepared in accordance with

Order 27 of Chapter I, other than Rule 27.02.

(2) An affidavit shall be made in the first person and

shall be prepared in accordance with Order 43 of

Chapter I.

1.11 Filing of documents

(1) Subject to paragraph (2), a document in a

proceeding to which these Rules relate is filed by

filing it—

(a) in the office of the Prothonotary or, where a

proceeding is commenced in an office of the

Court outside Melbourne, in that office; or

(b) with the proper officer in court.

(2) A document in a proceeding in the Court of

Appeal is filed by filing it—

(a) in the office of the Registrar; or

(b) with the proper officer in court.

(3) The person with whom the document is filed

shall indorse on it the date and time of filing.

(4) A document filed in a proceeding to which these

Rules relate is not open for inspection unless the

Court or the Prothonotary, Deputy Prothonotary

or Registrar (as the case requires) so directs.



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1.12 Subpoenas

(1) Subject to this Rule and Rule 1.12.1, Order 42 and

Order 42A of Chapter I apply with any necessary

modification to a proceeding to which these Rules

relate, except an appeal or an application for leave

to appeal.

(2) For the purposes of Rule 42.09(3) of Chapter I,

as applied by paragraph (1)—

(a) a judicial registrar may hear and determine

an application for leave to inspect a

document or thing produced, where

there is no objection to the inspection;

(b) the judicial registrar constitutes the Trial

Division of the Court; and

(c) all the powers of the Trial Division of

the Court to hear and determine such an

application are delegated to the judicial

registrar.

(3) In a proceeding to which these Rules relate

(except an appeal or an application for leave to

appeal), a subpoena shall be in accordance with—

(a) Form 6–1A, for a subpoena to attend to give

evidence;

(b) Form 6–1B, for a subpoena to produce; or

(c) Form 6–1C, for a subpoena both to attend to

give evidence and to produce.

(4) An addressee need not comply with the

requirements of a subpoena to attend to give

evidence (a subpoena in Form 6–1A) or a

subpoena both to attend to give evidence and

to produce (a subpoena in Form 6–1C) unless

conduct money has been provided or tendered

to the addressee a reasonable time before the

day on which attendance is required.



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(5) A subpoena in a proceeding to which these Rules

relate shall be served personally by giving a copy

of the subpoena to the person to be served.

(6) The addressee of a subpoena which is in

accordance with Form 6–1B or Form 6–1C

must complete the declaration by the addressee

provided for in the subpoena.

(7) The completed declaration must be included

in the subpoena or copy of the subpoena which

accompanies the documents produced under the

subpoena.

(8) Subject to paragraph (9), the Prothonotary

may, upon the expiry of four months from

the conclusion of the proceeding, cause to be

destroyed all the documents produced in the

proceeding in compliance with a subpoena

which were declared by the addressee to be

copies.

(9) The Prothonotary may cause to be destroyed those

documents declared by the addressee to be copies

which have become exhibits in the proceeding

when they are no longer required in connection

with the proceeding, including on any appeal.

1.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010

(1) In relation to a criminal proceeding to which

the Trans-Tasman Proceedings Act 2010 of the

Commonwealth applies, Order 7A of Chapter I

applies with any necessary modification to a

proceeding to which these Rules relate, except

an appeal or an application for leave to appeal.

(2) In relation to a criminal proceeding to which


Commonwealth applies (except an appeal or an

application for leave to appeal) a subpoena shall

be in accordance with—



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(a) Form 6-1BA, for a subpoena to give

evidence;

(b) Form 6-1BB, for a subpoena to produce

documents;

(c) Form 6-1BC, for a subpoena to give

evidence and produce documents.

(3) A subpoena in a criminal proceeding to which


Commonwealth applies shall be served personally

by giving a copy of the subpoena to the person to

be served.

1.12.2 Procedure under the Vexatious Proceedings

Act 2014

Order 83 of Chapter I applies with any necessary

modification to, and in relation to, a proceeding to

which these Rules relate.

1.13 Authentication

(1) A judgment or order of the Court in a proceeding

to which these Rules relate may be authenticated

in accordance with this Rule.

(2) Subject to paragraph (3), a judgment or order of

the Court is authenticated when the judgment or

order, having been drawn up, is signed by a Judge

of the Court, an Associate Judge or a judicial

registrar, as the case requires, or sealed by the

Prothonotary.

(3) In a proceeding in the Court of Appeal, a

judgment or order of the Court is authenticated

when the judgment or order, having been drawn

up, is signed by a member of the Court of Appeal

or the Registrar.



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1.14 Amendment of judgment or order

For the sake of removing doubt, it is declared

that the inherent power of the Court to correct a

clerical mistake in a judgment or order or an error

arising in a judgment or order from any accidental

slip or omission may be exercised at any time.

1.15 Effect of non-compliance and dispensing with

compliance

(1) A failure to comply with these Rules is an

irregularity and does not render a proceeding

or step taken, or any document, judgment or

order in a proceeding a nullity.

(2) The Court may dispense with compliance with

any of the requirements of these Rules, either

before or after the occasion for compliance arises.

(3) Without limiting paragraph (2), the Registrar

may dispense with compliance with any of the

requirements of these Rules in relation to criminal

appeals, either before or after the occasion for

compliance arises.

(4) Except as provided by these Rules, a failure

to comply with these Rules or with any rule of

practice in force under the Criminal Procedure

Act 2009 shall not prevent the prosecution of

an appeal or an application for leave to appeal if

the Court considers that, in the interests of justice,

the failure should be waived or remedied and the

matter proceed.

1.16 Exercise of jurisdiction by Judge of the Court or

Court of Appeal

Unless these Rules specifically provide otherwise,

any application and the exercise of any powers

and authorities in relation to a proceeding or any

other matter to which these Rules apply shall

be heard and determined by the Trial Division



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constituted by a Judge of the Court or the Court

of Appeal, as the case requires.

1.17 Notices to be signed

Subject to the Criminal Procedure Act 2009 and

to these Rules, a notice given under these Rules

shall be signed—

(a) by the appellant;

(b) by a legal practitioner on behalf of the

appellant; or

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

1.18 General applications

If a party to a criminal proceeding intends to

make an application and there is no form

prescribed by any Rules or by or under any Act

for such an application, a general application in

Form 6–1D may be used with such modification

as is necessary.

Order 2—Criminal appeals


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Part 1—Preliminary

2.01 Definitions

(1) In this Order, unless the context or subject matter

otherwise requires, the Act means the Criminal

Procedure Act 2009.



Crown appeal means an appeal brought by

the DPP;

examiner means a person appointed by the Court

of Appeal under section 318 of the Act;

exhibit includes—

(a) all books, papers and documents and

all other property connected with the

proceedings against any person entitled

or authorised to appeal, which were

sent to the originating court upon

committal or produced and read in

evidence during trial or other

proceedings; and

(b) any written statement delivered to a

trial judge by that person—

but does not include—

(c) the original depositions of witnesses

examined at a preliminary examination,

committal or before a coroner; and

(d) any indictment or written process

against an accused; and

(e) any plea filed in the originating court;



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recording officer of the originating court means

the officer who has custody of the records of

the originating court;

respondent means the person who defends an

appeal.

2.02 Single judge

A Judge of Appeal may exercise any power of

the Court of Appeal under Rules 1.15(2) or (4),

2.04(4), 2.15(5), 2.26(2) and 2.27(2), (3) or (4).

Note

See section 315 of the Act for powers which may be exercised

under Part 6.3 of Chapter 6 of the Act by a single Judge of Appeal.

2.03 Jurisdiction and powers exercisable by two Judges

of Appeal

(1) Two Judges of Appeal may constitute, and may

exercise all the jurisdiction and powers of, the

Court of Appeal in appeals from the County Court

under Divisions 2 and 4 of Part 6.3 of Chapter 6

of the Act.

Note

See Order 3 for interlocutory appeals under the Criminal

Procedure Act 2009.

(2) Two Judges of Appeal may constitute, and may

exercise all the jurisdiction and powers of, the

Court of Appeal to dismiss an appeal or an

application for leave to appeal—

(a) for noncompliance with this Order; or

(b) if it is otherwise appropriate to do so.

(3) Two Judges of Appeal may make any order or

give any direction incidental or ancillary to the

exercise by them of the jurisdiction and powers

of the Court of Appeal.



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2.04 Legal practitioners

(1) A legal practitioner who, on behalf of an

appellant, files a notice of appeal or a notice of

application for leave to appeal under this Order

shall state in the notice—

(a) that the legal practitioner is acting for the

appellant;

(b) the contact details of the legal practitioner,

including name, address, telephone number,

fax number and email address; and

(c) the relevant name and address for service.

(2) The practitioner shall be noted in the records of

the Court as acting for the appellant.

(3) Subject to paragraph (4), if a legal practitioner

ceases to act for an appellant, the practitioner shall

forthwith—

(a) file notice of ceasing to act for the appellant;

and

(b) serve a copy of the notice on the respondent.

(4) Unless another legal practitioner has filed a

notice that that practitioner is now acting for the

appellant, a practitioner may not file notice of

ceasing to act without first obtaining the leave

of—

(a) the Registrar; or

(b) if leave is refused by the Registrar, the Court

of Appeal.



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Part 2—Commencement of appeals under

Divisions 1 and 2 of Part 6.3 of Chapter 6

of the Criminal Procedure Act 2009

2.05 Application for leave to appeal against conviction or

sentence

(1) An application for leave to appeal against

conviction under section 274 of the Act is

commenced by filing with the Registrar a notice

of application for leave to appeal in Form 6–2A.

Note

Section 275(1) of the Act requires the notice of application

for leave to appeal to be filed within 28 days after the day

on which the person is sentenced, subject to any extension

under section 313 of the Act.


sentence under section 278 of the Act is


of application for leave to appeal in Form 6–2B.

Note

Section 279(1) of the Act requires the notice of application


on which the person is sentenced, subject to any extension



sentence under section 283 of the Act is


of application for leave to appeal in Form 6–2C.

Note

Section 284 of the Act requires the notice of application


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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15 17-033SR.S1-20/11/2017

(b) be accompanied by a written case in support

of the application in accordance with any

applicable practice direction.

2.06 Application may be determined by single Judge of

Appeal

An application for leave to appeal against

conviction or sentence may be determined by

the Court of Appeal constituted by either—

(a) a single Judge of Appeal in accordance with

section 315 of the Act; or

(b) two or more Judges of Appeal in accordance

with section 11 of the Supreme Court

Act 1986.

2.07 Procedure for determination of application by single

Judge of Appeal

(1) An application for leave to appeal may be

determined by a single Judge of Appeal in

accordance with this Rule.

(2) Subject to paragraphs (4) and (5), a single Judge

of Appeal may without an oral hearing—

(a) determine an application for leave to appeal

and—

(i) grant leave to appeal;

(ii) grant leave to appeal on some grounds

of appeal and refuse leave to appeal on

other grounds of appeal;

(iii) refuse leave to appeal; or

(b) refer the application for leave to appeal

for determination by the Court of Appeal

comprising two or more Judges of Appeal

of whom the referring Judge of Appeal may

be one.



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(3) If a single Judge of Appeal determines an

application for leave to appeal without an

oral hearing and makes an order—

(a) of a kind referred to in paragraph (2)(a)(i)

or (2)(b), the Registrar shall notify the

appellant in Form 6–2DA; or

(b) of a kind referred to in paragraph (2)(a)(ii)

or (2)(a)(iii), the Registrar shall notify the

appellant in Form 6–2DB.

(4) An appellant—

(a) may request an oral hearing of the

application by completing the Oral Hearing

Option section of the notice of application

for leave to appeal; and

(b) if an oral hearing is requested, must confirm

that request in writing to the Registrar, in

accordance with any applicable practice

direction.

(5) If an appellant requests an oral hearing and

confirms that request in accordance with

paragraph (4), the application shall not

be determined without an oral hearing.

2.08 Procedure for renewal of application

(1) An application for leave to appeal may be

renewed in accordance with this Rule.

(2) Where the Registrar has notified an appellant that

leave to appeal has been refused in whole or in

part, the appellant may elect under section 315

of the Act to renew the application for leave

to appeal by completing and returning to the

Registrar within 10 days of that notification an

election form as contained in Form 6–2DB.



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(3) Subject to paragraphs (5) and (6), the renewed

application shall be considered by the Court of

Appeal comprising at least two Judges of Appeal

who may, without an oral hearing—

(a) grant leave to appeal;

(b) grant leave to appeal on some grounds of

appeal and refuse leave to appeal on other

grounds of appeal;

(c) refuse leave to appeal; or

(d) refer the application for determination by the

Court of Appeal comprising not fewer than

three Judges of Appeal, who may include

either or both of the referring judges.

(4) If the Court of Appeal makes an order of the

kind referred to in paragraph (3), the Registrar

shall notify the appellant in Form 6–2DC.

(5) An appellant who elects to renew an application

for leave to appeal—

(a) may request an oral hearing of the

application by completing the Oral

Hearing Option section of the election

form in Form 6–2DC; and

(b) if an oral hearing of the application is

requested, must confirm that request in

writing to the Registrar, in accordance

with any applicable practice direction.

(6) If an appellant requests an oral hearing of

the application and confirms that request in

accordance with paragraph (5), the renewed

application shall not be determined without

an oral hearing.



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2.09 Powers of determination

(1) If an application is referred to the Court of Appeal

under Rule 2.07(2)(b) or 2.08(3)(d), the Court of

Appeal, however constituted, may exercise any

powers set out in Rules 2.06, 2.07 and 2.08.

(2) If an appellant makes an initial request for an

oral hearing of an application and confirms that

request in writing to the Registrar in accordance

with any applicable practice direction, that

request must be complied with in determining

any application referred under Rule 2.07(2)(b)

or 2.08(3)(d).

2.10 Application may be treated as appeal

Subject to this Order, the Court of Appeal may

treat the hearing of the application as the hearing

of the appeal.

2.11 No notice of appeal when leave is granted

If the Court of Appeal gives leave to appeal,

the notice of application for leave to appeal is

sufficient notice of appeal.

2.12 Unrepresented appellant

If an appellant is unrepresented a document may

be served by the appellant by delivering to the

Registrar at the time of filing an extra copy of the

document marked for service upon the respondent.

2.13 Registrar may vacate hearing date or refer for

dismissal

(1) If the Registrar is satisfied that an appellant has

not complied with the requirements of this Order

or that it is otherwise appropriate to do so, the

Registrar may—



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19 17-033SR.S1-20/11/2017

(a) vacate any hearing date set for the

application or appeal; or

(b) refer the application or appeal to be

dismissed in accordance with Rule 2.03(2).

(2) Paragraph (1) is not to be taken to limit any other

powers of the Registrar.

(3) The Registrar shall notify the appellant in writing

of the decision under paragraph (1).

Note

There is currently no Rule 2.14.

Part 3—Appeals under Division 3 of Part 6.3

of Chapter 6 of the Criminal Procedure

Act 2009

2.15 Crown appeals

(1) A notice of appeal by the DPP shall—

(a) be filed with the Registrar;

(b) state each ground of appeal specifically and

concisely and not merely in general terms;

and

(c) be accompanied by a written case in

support of the appeal in accordance


Note

Section 288(1) of the Act requires the notice of appeal to be

filed within 28 days after the day on which the sentence is

imposed, subject to any extension under section 313 of the

Act.



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(2) The DPP shall serve the written case on the

respondent at the time of service of the notice

of appeal.

Note

Section 288(3) of the Act requires a notice of appeal against

a sentence imposed by an originating court to be served on

the respondent within seven days after the day on which the

notice is filed.

Section 292(3) of the Act requires a notice of appeal

for failure to fulfil an undertaking to be served on the

respondent within 14 days after the day on which the

notice is filed.

(3) Within seven days after serving on the respondent

the notice of appeal and written case, the DPP

shall file an affidavit of service.

(4) Within one month after service of the documents

referred to in paragraph (2), the respondent may

file and serve a written case which must comply


(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


Act 2009

2.16 Refusal to reserve question of law—application to

show cause

An application under section 304 of the Act for an

order to show cause why a question of law should

not be reserved for determination by the Court of

Appeal is commenced by filing with the Registrar

an application in Form 6–2E.



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2.17 Applicant to file affidavit

(1) Within seven days after filing an application under

Rule 2.16, the applicant shall file an affidavit

stating the acts, facts, matters and circumstances

relating to—

(a) the refusal of the application under

section 302 of the Act;

(b) the grounds set out in the application as

to why the question should be reserved

for determination by the Court of Appeal.

(2) There shall be included as exhibits to the

affidavit—

(a) a copy of the order refusing the application

under section 302 of the Act; and

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

or their absence as exhibits shall be accounted for

in the affidavit.

Part 5—Appeals under Crimes (Mental

Impairment and Unfitness to be Tried)

Act 1997

2.17.1 Application of this Part

This Part of this Order does not apply to

Part 5A of the Crimes (Mental Impairment

and Unfitness to be Tried) Act 1997.

2.18 Commencement of appeal against finding that

accused is unfit to stand trial

(1) An application for leave to appeal against a

finding that an accused is unfit to stand trial is


of application for leave to appeal in Form 6–2F.



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22 17-033SR.S1-20/11/2017

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


Act 2009

2.22 Application for extension of time

A notice of application for extension of time

under section 313 of the Act shall be—

(a) in Form 6–2H; and

(b) filed when the notice of appeal or notice

of application for leave to appeal is filed

in accordance with this Order.

Note

See section 313 of the Act.

2.23 Extension of time before Registrar

(1) An application for an order under section 313 of

the Act for extension of time shall be made in the

first instance to the Registrar.

(2) The Registrar shall notify the applicant of the

decision in writing.

(3) If an application is refused—

(a) the Registrar shall notify the applicant, in

Form 6–2I; and

(b) the applicant may elect to have the

application determined by the Court of

Appeal.

Note

See section 313(2) of the Act.

(4) If in the course of deciding to refuse the

application the Registrar has considered an

affidavit or other material from the Crown,

the Registrar may, if the material has not already

been served, provide the applicant with a copy

of that material when notifying the applicant of

the decision.



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2.24 Extension of time—application under section 313(2)

(1) An election under Rule 2.23(3) shall be by notice

in Form 6–2J, a copy of which the Registrar shall

forward to the applicant when notification is given

under Rule 2.23(3).

(2) The applicant must return the notice under

paragraph (1) to the Registrar within 10 days

after receiving it.

(3) If a notice is returned to the Registrar in

accordance with paragraph (2), the Registrar

shall notify the applicant in writing—

(a) that the notice has been received; and

(b) when appropriate, the day fixed for the

hearing.

2.25 Application under section 315—refusal of Judge of

Appeal to exercise powers

(1) If an application made to a Judge of Appeal under

section 315 of the Act is refused by the Judge—

(a) the Registrar shall notify the applicant of the

decision in Form 6–2D; and

(b) the applicant may elect to have the

application determined by the Court of

Appeal constituted by at least two judges.

(2) An election under paragraph (1) shall be by notice

in Form 6–2K (with any necessary modification) a

copy of which the Registrar shall forward to the

applicant.

(3) The applicant must return the notice under

paragraph (2) to the Registrar within 10 days

after receiving it.

(4) If notice under paragraph (2) is returned to the

Registrar in accordance with paragraph (3), the

Registrar shall notify the applicant in writing

that—



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(a) the notice has been received; and

(b) when appropriate, the day fixed for the

hearing.

(5) If notice under paragraph (2) is not returned to the

Registrar in accordance with paragraph (3), the

Registrar shall confirm to the applicant in writing

that—

(a) the application made under section 315 of

the Act was refused; and

(b) no notice of election has been received.

Part 7—Reference to Court of Appeal on petition

of mercy

2.26 Reference on petition of mercy

(1) If the Attorney-General refers a case to the

Court of Appeal under section 327(1)(a) of the

Act, for the purposes of the Act and this Order,

the petitioner whose case is referred shall be taken

to be a person who has obtained leave to appeal.

(2) Unless otherwise directed by the Court of Appeal,

the petition shall stand in place of a notice of

appeal.

(3) If the Attorney-General refers a point to

the judges of the Trial Division under

section 327(1)(b) of the Act, the point may

be considered in private.

Part 8—Procedures

2.27 Time

(1) If the last day for doing any act under this Order is

a day on which the office of the Court is closed,

the act may be done on the next day the office is

open.



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(2) The Court of Appeal or the Registrar may abridge

or extend time under this Order before the time

expires.

(3) The Court of Appeal or the Registrar may abridge

or extend time under this Order after the time has

expired.

(4) When extending time the Court of Appeal or the

Registrar may impose conditions or give

directions.

Note

See also section 313 of the Act.

2.28 Fine and imprisonment in default—fine paid to be

retained pending appeal

(1) If a person has been convicted and sentenced to

pay a fine and in default of payment sentenced

to imprisonment, the person authorised to receive

the fine shall retain it until determination of any

related appeal.

(2) Subject to any order of the Court of Appeal, a

person who has paid a fine in accordance with

a sentence shall, if the appeal is successful, be

entitled to the return of the fine paid.

(3) A person who remains in custody in default of

payment of a fine shall be taken to be a person

sentenced to imprisonment for the purposes of

the Act and this Order.

2.29 Procedure for appeal where fine and imprisonment

in default

(1) If a person who has been convicted and sentenced

to pay a fine and in default of payment sentenced

to imprisonment intends to appeal to the Court of

Appeal on grounds of law alone, this Rule applies.



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(2) If this Rule applies—

(a) the person convicted and sentenced shall

inform the trial judge of the intention to

appeal;

(b) the trial judge may, if of the opinion that it

is appropriate, order the intending appellant

immediately to enter into a recognizance in

Form 6–2L, with or without sureties, to

prosecute the appeal;

(c) the person convicted and sentenced shall

within the relevant time period set out in the

Act for the type of appeal, file a notice of

appeal in accordance with this Order; and

(d) the person convicted and sentenced shall, if

necessary, file an application under

section 313 of the Act for extension of time.

(3) If the intending appellant fails to comply with

paragraph (2)(c), the Registrar shall report the

failure to the Court of Appeal which may, after

notice has been given to the intending appellant

and any sureties—

(a) order forfeiture of the recognizances and

payment of the amount of the recognizances

to the Registrar immediately;

(b) issue a warrant for the arrest of the intending

appellant;

(c) order the imprisonment of the intending

appellant in default of payment of the fine;

and

(d) make any other order it thinks appropriate.



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2.30 Pre-hearing conference

(1) The Registrar may conduct such pre-hearing

conferences and give such directions with respect

to the preparation for hearing of an application for

leave to appeal or an appeal as the Registrar thinks

appropriate for the effective, complete and prompt

disposal of the proceeding.

(2) If the appellant is not represented and is in

custody, the Registrar may conduct any pre-

hearing conference with the parties separately.

(3) In relation to a Crown appeal, paragraph (2) shall

be read and construed as if the word "appellant"

were "respondent".

2.31 Transcript of trial

(1) At any time after the filing of a notice of appeal

or notice of application for leave to appeal, the

Registrar may direct the shorthand writers who

made notes of the trial from which the appeal or

application is brought or the persons who recorded

the trial by mechanical means under the Evidence

(Miscellaneous Provisions) Act 1958 to provide

a transcript in unrevised form of the whole or any

part of the notes or recording of the trial in writing

or electronic form.

(2) For the purposes of paragraph (1), the Registrar

may direct that the transcript be made by a

competent person or persons other than the

person or persons who took the notes or recorded

the trial.

(3) Any transcript required by this Rule—

(a) may be produced in writing or electronic

form as the Registrar considers appropriate

in any case and as the Registrar directs; and



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(b) shall be certified in accordance with the

Evidence (Miscellaneous Provisions)

Act 1958.

2.32 Preservation of exhibits

(1) The trial judge may make any order or give

any direction considered appropriate for the

production, custody or disposal of exhibits and

the recording officer of the originating court

shall keep a record of any such order or direction,

but if no order is made or direction given—

(a) all exhibits tendered on behalf of the

prosecution shall be returned to the custody

of the prosecution and shall be retained

pending any appeal; and

(b) any exhibit tendered at a trial otherwise than

by the prosecution shall be retained by the

Associate to the trial judge for 60 days after

which the Associate shall return that exhibit

to the person who produced it.

(2) If the Registrar gives the prosecution a direction

to produce an exhibit, the prosecutor shall produce

the exhibit as directed.

(3) If within 60 days the Registrar gives an Associate

a direction to produce an exhibit, the Associate

shall produce the exhibit as directed.

2.33 Copies of transcript, exhibits etc.

The appellant or the respondent or the legal

practitioner or representative of the appellant

or the respondent—

(a) may obtain from the Registrar a copy of the

transcript of the trial, in writing or electronic

form, as the case requires, that the Registrar

has directed to be provided under

Rule 2.31(1);



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(b) may obtain from the Registrar a copy of any

document which was an exhibit at the trial;

and

(c) may inspect by arrangement with the

Registrar any exhibit which cannot be

copied.

2.34 Return of exhibits after hearing

(1) When an appeal is finally determined, the Court

of Appeal may make orders as to the return of

exhibits as it thinks appropriate.

(2) If no order is made, each exhibit shall be returned

to the person who tendered it unless—

(a) it is a document of a kind kept by the

recording officer of the court of trial; or

(b) it is an exhibit to which section 311 of the

Act applies.

(3) The Registrar shall return to the recording officer

of the originating court any original depositions,

exhibits, presentment, indictment, inquisition,

plea or other document forming part of the record

of the originating court which was given to the

Registrar for the purposes of the appeal.

2.35 Certificate of conviction

(1) The recording officer of an originating court may

not issue a certificate of conviction until—

(a) 35 days after the date of conviction; or

(b) if the recording officer receives notice from

the Registrar that a notice of appeal or of

application for leave to appeal has been filed,

the determination of the appeal or refusal of

leave to appeal.



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(2) A person who seeks a certificate of conviction

may obtain a certificate from the Registrar stating

that no appeal or application for leave to appeal is

pending.

(3) A certificate under paragraph (2) may not be

given until 35 days after the date of conviction.

2.36 Attendance of appellant

(1) The appellant is entitled to attend the hearing of

an appeal or an application for leave to appeal

unless the Court of Appeal or a Judge of Appeal

directs otherwise or these Rules otherwise

provide.

(2) If the appellant does not attend in court on the

hearing, the appeal or the application may be

heard and determined in the appellant's absence.

(3) If the appellant so elects, the appellant may attend

before the Court by appearance by audiovisual

link, if it is practicable to do so.

(4) In relation to a Crown appeal, this Rule shall be

read and construed as if the word "appellant"

were "respondent".

2.37 Bringing appellant in custody before the Court

(1) The Registrar may constitute the Court of Appeal

for the purposes of making an order to bring an

appellant who is in custody before the Court

pursuant to—

(a) regulations made under the Corrections

Act 1986; or

(b) section 490 of the Children, Youth and

Families Act 2005.

(2) For the purposes of paragraph (1), the powers of

the Court of Appeal to make an order referred to

in that paragraph are delegated to the Registrar.



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2.38 Bail

(1) If the Court of Appeal grants an appellant bail

under section 310 of the Act, the Court may make

such orders in relation to bail as it sees fit.

Note

Under section 315(1)(e) of the Act, this power of the Court

of Appeal may be exercised by a single Judge of Appeal.

(2) An appellant who is on bail shall, when the appeal

is called on before the Court of Appeal, place

himself or herself in the custody of such persons

as the Court directs.

Note

See section 323 of the Act for bail following an appeal.

2.39 Registrar to notify determination

(1) Upon the determination of an appeal or of any

matter under section 315 of the Act, the Registrar

shall give notice of the result in Form 6–2M to—

(a) the appellant;

(b) the DPP;

(c) the governor of the prison (if any) in which

the appellant is imprisoned;

(d) the Secretary to the Department of Justice

and Regulation; and

(e) the officer of the originating court.

(2) The Registrar shall also notify the officer of the

originating court of any additional orders or

directions made or given by the Court of Appeal.

2.40 Notice of abandonment

(1) Subject to Rule 2.49(2), for the purposes of

section 314 of the Act an appeal (including an

application for leave to appeal or a Crown appeal)

or an application for extension of time may be

abandoned at any time before the hearing of an



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appeal is commenced by filing with the Registrar

a notice of abandonment in Form 6–2N.

(2) A notice of abandonment—

(a) shall be signed by the appellant personally;

and

(b) the appellant's signature shall be witnessed

by another person whose name and address

shall be stated clearly and legibly on the

notice of abandonment.

2.41 Abandonment

An appeal or application shall be taken to be

dismissed on the date the notice of abandonment

is filed.

2.42 Report from trial judge

(1) If a report is required under section 316 of

the Act, a trial judge shall comply with the

requirement promptly.

(2) When requiring a trial judge to provide a report

under section 316 of the Act, the Registrar shall

send the trial judge—

(a) a copy of the notice of appeal or of the

application for leave to appeal;

(b) any other document the Registrar thinks

material; and

(c) any other document—

(i) the Court of Appeal decides should be

sent to the trial judge; or

(ii) that the trial judge requests.

(3) Where amended grounds of appeal are filed after

a report has been required, the Registrar shall, as

soon as practicable, send the trial judge a copy of

the amended grounds and the written case, if

amended.



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(4) The Court of Appeal may determine an appeal

without a report from a trial judge if it thinks it

is appropriate to do so.

2.43 Original depositions, exhibits etc.

Without limiting section 317 of the Act, the

Registrar may require the recording officer of the

originating court to provide to the Registrar—

(a) the original depositions of witnesses

examined before the committing magistrate

or coroner;

(b) any exhibit retained by a court;

(c) the indictment or other written process

against the appellant;

(d) an abstract or copy of the whole or part of

the indictment;

(e) any plea filed in the originating court.

2.44 Witnesses before Court of Appeal—section 318

(1) If the Court of Appeal orders any witness to

attend and be examined before the Court under

section 318 of the Act—

(a) the order shall specify the time and place

when the witness is to attend; and

(b) the order shall, unless otherwise ordered, be

served by giving a copy of the order to the

person to be served.

(2) If an appellant is not legally represented and

seeks an order under section 318 of the Act, the

appellant shall file an application in Form 6–2O

with the Registrar.

(3) The Registrar shall send a copy of an application

under paragraph (2) to the legal practitioner for

the respondent.



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(4) The oath or affirmation to be administered to any

witness whose evidence is to be tendered under

section 318 of the Act shall be in accordance with

the Evidence Act 2008, unless the Court

otherwise permits or directs.

2.45 Examination other than by court under

section 318(2)

(1) If the Court of Appeal orders the examination of

a witness to be conducted otherwise than by the

Court under section 318(2) of the Act, the order

shall specify—

(a) the person appointed as examiner; and

(b) the witnesses to be examined.

(2) The Registrar shall give the examiner any

documents, exhibits and other material relating

to the appeal which the examiner requests.

(3) The examiner shall—

(a) appoint the day, time and place for the

examination; and

(b) request the Registrar to give notice in

Form 6–2P to—

(i) the appellant;

(ii) the respondent;

(iii) their legal practitioners; and

(iv) if the appellant is in custody, the

governor of the prison.

(4) A notice sent by the Registrar under paragraph (3)

shall be taken to be an order of the Court.

(5) The examiner shall administer the oath before

taking evidence from any witness except where

the witness would not need to be sworn if giving

evidence on a trial on indictment.



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36 17-033SR.S1-20/11/2017

(6) Unless the Court otherwise orders, any

examination under this Rule shall be in

private and depositions shall be taken.

(7) After an examination is completed the examiner

shall send or cause to be sent to the Registrar the

depositions and all documents, exhibits and other

material provided by the Registrar.

(8) The appellant and respondent and their legal

representatives shall be entitled to be present

and to take part in the examination.

(9) A police officer, if of the opinion that it is

necessary, may pay travelling expenses to a

witness upon whom the police officer serves—

(a) an order to appear before the Court of

Appeal; or

(b) a notice to attend before an examiner.

(10) Travelling expenses paid by a police officer shall

be certified by the officer to the Registrar who

shall certify the sum paid as part of the expenses

of the prosecution.

(11) Any order or notice required by this Rule to be

served shall be served personally unless the Court

otherwise orders.

2.46 Special commissioners—section 320

(1) Any appointment by the Court of Appeal of a

special commissioner under section 320 of the

Act shall be made by order.

(2) An order referred to in paragraph (1) shall

specify—

(a) the person who is to be the special

commissioner; and

(b) the question referred to the special

commissioner.



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(3) An order referred to in paragraph (1) may—

(a) specify whether the appellant or the

respondent or their legal representatives is

or are to be entitled to attend during all or

part of the examination or investigation;

(b) specify which powers (if any) of the Court

of Appeal may be exercised by the special

commissioner;

(c) require the special commissioner to make

interim reports upon the matter referred by

the Court of Appeal;

(d) give the appellant, if imprisoned, leave to

attend during the whole or any part of the

examination or investigation and give the

necessary directions to the governor of the

prison; and

(e) direct the Registrar to give copies of

the special commissioner's report to the

appellant and the respondent or to their

legal representatives.

(4) Where an order referred to in paragraph (1)

does not give directions as to any of the matters

referred to in paragraph (3), the Court of Appeal

may from time to time give directions in relation

to any such matters as it thinks fit.

Note

See section 320(3) of the Act as to remuneration of special

commissioners and section 326 of the Act as to expenses.

2.47 Entitlement to hearing when restitution order or

compensation order made

If an order referred to in section 311(1) of the Act

was made at a trial, the following persons may be

heard by the Court of Appeal at the hearing of an

appeal before any order under section 311(3) or

(4) of the Act is made—



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38 17-033SR.S1-20/11/2017

(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—


appeal period of property the subject of a

forfeiture order or destruction order; or



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39 17-033SR.S1-20/11/2017

(b) as to the production of any such property at

an appeal.

2.51 Custody of property of convicted person

The trial judge or the Court of Appeal may make

orders or give directions as to the custody, for the

appeal period, of any money or other valuable

property belonging to a convicted person which—

(a) was taken from the convicted person when

arrested; or

(b) is in the possession of the prosecution at the

date of conviction or the date of application

for leave to appeal.

2.52 Transfer of prisoners

The Secretary to the Department of Justice and

Regulation shall arrange to transfer an appellant

who is a prisoner to a prison near the Court of

Appeal in sufficient time before the hearing

commences to enable the appellant to consult

legal advisers.

2.53 Duties of prison officers

(1) A prison officer within the meaning of the

Corrections Act 1986 who has custody of a

person at the time the person is convicted on

indictment shall immediately inform the person

convicted that—

(a) if the person wishes to appeal against

conviction, the person may do so with

the leave of the Court of Appeal;

(b) if the person wishes to obtain leave of the

Court of Appeal, the person must give notice

of application for leave not later than 28 days

after sentence;



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(c) if the person wishes to appeal against the

sentence, the person may do so with the

leave of the Court of Appeal and must

give notice of the application not later than

28 days after sentence;

(d) applications for leave to appeal are

determined without an oral hearing unless

the person requests an oral hearing and

confirms that request in writing to the

Registrar, in accordance with any applicable

practice direction.

(2) The prison officer shall—

(a) inform the convicted person that, unless it

is otherwise ordered or the application is

determined without an oral hearing, the

person is entitled—

(i) to attend or appear at the hearing of

the appeal or application for leave to

appeal; or

(ii) if it is practicable to do so, to appear

by audio visual link;

Note

See sections 328, 329 and 330 of the Act regarding

attendance and appearance.

(b) give the convicted person a copy of

Form 6–2Q; and

(c) obtain from the convicted person a written

acknowledgment that the person has received

a copy of Form 6–2R and has read and

understood it.

(3) If a convicted person expresses a wish to

attend or appear at the hearing of an appeal or

application or to appear by audio visual link, the

prison officer who has the custody of the person

shall inform the Registrar, who shall obtain the



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41 17-033SR.S1-20/11/2017

necessary order or make the necessary

arrangements, as the case may be.

(4) A prison officer who has custody of a convicted

person shall give that person upon request the

appropriate forms under these Rules.

2.54 Obligation of prison officers—section 283 appeals

If the County Court under section 256, 259 or 262

of the Act substitutes a sentence of imprisonment

for any other sentence imposed by the Magistrates'

Court, the prison officer who first has custody of

the person sentenced shall—

(a) immediately inform that person of the

right to apply for leave to appeal under

section 283 of the Act;

(b) give to that person a copy of Forms 6–2C

and 6–2R; and

(c) obtain from that person a written

acknowledgment that the person has received

the forms and has read and understood them.

Part 9—Other applications to Court of Appeal

2.55 Application of Part

This Part applies if—

(a) a party seeks to make an application to the

Court of Appeal that is not otherwise dealt

with by these Rules; and

(b) the Rules make no provision for such

application.



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2.56 Application by summons

(1) An application under this Part shall be made

by summons for directions returnable before

the Registrar supported by affidavit.

(2) The application is taken to be made when the

summons is filed.

2.57 Service

The applicant shall serve the summons for

directions and any accompanying affidavit on

each respondent—

(a) within three days of filing the application; or

(b) within such other time as the Registrar by

order provides.

2.58 Directions hearing

(1) At the directions hearing, the Registrar may give

any directions for the conduct of the application

which the Registrar thinks conducive to its

effective, prompt and economical determination.

(2) The Registrar may make such order for costs as

the Registrar thinks fit in relation to the exercise

of any power conferred on the Registrar under this

Part.

2.59 Court of Appeal may set aside or give directions

The Court of Appeal, on application by any party

to the application, may—

(a) set aside or vary any direction given or order

made by the Registrar; and

(b) give directions in relation to the application.

Order 3—Interlocutory appeals under the Criminal Procedure Act 2009


S.R. No.

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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


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


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




S.R. No.

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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.


affidavit—

(a) a copy of the order under appeal or the

decision to be reviewed, as the case requires;

and

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

decision, as the case requires—


in the affidavit.



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3.06 Application for leave may be treated as appeal or

review

(1) The Court of Appeal may treat the hearing of

an application for leave to appeal against an

interlocutory decision or an application for

review of a decision to refuse to certify as the

hearing of the appeal or review.

(2) If the Court of Appeal grants leave to appeal, the

notice of application for leave to appeal, or the

notice of application for review of a decision to

refuse to certify, as the case requires, is sufficient

notice of appeal.

Order 3A—Appeals on a question of law


S.R. No.

46 17-033SR.S1-20/11/2017


3A.01 Application of Order and definitions

(1) This Order applies to an appeal or an application

for leave to appeal on a question of law—

(a) under Part 6.2 of Chapter 6 of the Criminal

Procedure Act 2009;

(b) under Division 5 of Part 5.4 of Chapter 5

of the Children, Youth and Families

Act 2005; or

(c) to which, by another Act, Part 6.2 of

Chapter 6 of the Criminal Procedure

Act 2009 or Division 5 of Part 5.4 of

Chapter 5 of the Children, Youth and

Families Act 2005 applies.


otherwise requires, the Act means the Criminal

Procedure Act 2009.

3A.02 Commencement of appeal on a question of law

An appeal to which this Order applies is

commenced by filing a notice of appeal in

the Trial Division.

Note

Section 272(3) of the Criminal Procedure Act 2009

and section 430P of the Children, Youth and Families

Act 2005 require the notice of appeal to be filed within

28 days after the day on which the order complained of

was made.

3A.03 Notice of appeal

(1) A notice of appeal under section 272 of the Act

or section 430P of the Children, Youth and

Families Act 2005 shall—

(a) be in writing signed by the appellant or the

appellant's legal practitioner;



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47 17-033SR.S1-20/11/2017

(b) set out or state—

(i) the order which is the subject of appeal;

(ii) whether the appeal is from the whole or

part only of the order and, if so, what

part;

(iii) the question of law upon which the

appeal is brought;

(iv) concisely the grounds of appeal;

(v) the order sought in place of that from

which the appeal is brought; and

(c) at its end, name all the persons on whom it is

proposed to serve the notice of appeal.

(2) As soon as practicable after filing the notice of

appeal, the appellant shall—

(a) deliver a copy to the registrar or other proper

officer of the court that made the order the

subject of the appeal;

(b) unless the Court otherwise orders, serve a

copy of the notice on all persons directly

affected by the appeal.

(3) The requirements under paragraph (2) are in

addition to the requirements of—

(a) section 272(4) and (5) of the Act, in the

case of an appeal or application for leave

to appeal under Part 6.2 of Chapter 6 of the

Act; and

(b) section 430P(4) and (5) of the Children,

Youth and Families Act 2005, in the case

of an appeal or application for leave to

appeal under Division 5 of Part 5.4 of

Chapter 5 of that Act.



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(4) The Court may give leave to amend the grounds

of appeal or make any other order to ensure the

proper determination of the appeal.

3A.04 Appellant to file affidavit

(1) Within seven days after filing notice of appeal,

the appellant shall file an affidavit stating the acts,

facts, matters and circumstances relating to—

(a) the order under appeal;

(b) the grounds set out in the notice of appeal;

and

(c) if leave to appeal is needed, why leave to

appeal should be given.


affidavit—

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

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


in the affidavit.

3A.05 Directions

(1) Within seven days after filing notice of appeal, the

appellant shall apply on summons to an Associate

Judge for directions and, if necessary, for leave to

appeal.

(2) The application is taken to be made when the

summons is filed.

(3) Not less than 14 days before the day for hearing

named in the summons, the appellant shall serve

on the respondent to the appeal the summons

together with—

(a) a copy of the affidavit filed under

Rule 3A.04; and

(b) any exhibit.



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49 17-033SR.S1-20/11/2017

(4) Not less than five days before the day for hearing

named in the summons the respondent shall file

and serve a copy of any affidavit in answer and

shall serve a copy of any exhibit.

(5) If at any time the Associate Judge is satisfied that

the hearing of the summons should be expedited,

the Associate Judge may, of the Associate Judge's

own motion or on application, bring the summons

on for hearing.

(6) Subject to paragraphs (7) and (8), the Associate

Judge shall give directions with respect to the

appeal.

(7) If leave to appeal is required—

(a) the Associate Judge shall determine whether

leave to appeal is given; and

(b) if leave to appeal is refused, the Associate

Judge shall dismiss the appeal.

(8) The Associate Judge may dismiss the appeal if

satisfied that—

(a) the notice of appeal does not identify

sufficiently or at all a question of law

on which the appeal may be brought;

(b) the appellant does not have an arguable case

on appeal or to refuse leave would impose no

substantial injustice; or

(c) the appeal is frivolous, vexatious or

otherwise an abuse of the process of

the Court.



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3A.06 Leave to appeal

An application for leave to appeal shall be heard

and determined by the Associate Judge under

Rule 3A.05.

Note

Section 272(7) of the Act and section 430P(7) of the

Children, Youth and Families Act 2005 set out the

circumstances in which an appeal is deemed to be an

application for leave to appeal.

3A.07 Stay

The Court may order any stay necessary for

the proper hearing and determination of the

application or the appeal.

Note

See also section 272(6) and (11) of the Act and section

430P(6) and (11) of the Children, Youth and Families

Act 2005.

3A.08 Delay and expedition

(1) Where the Court is satisfied that the delay caused

by proceeding in accordance with this Order

would or might entail injustice, the Court may

make an order under this Order without notice to

any party upon such terms as to costs or otherwise

and subject to such undertaking, if any, as it thinks

fit.

(2) The Court may set aside any order made under

paragraph (1) on the application of any person

affected.

(3) Where the Court is satisfied that the justice of the

case requires, the Court may order that, subject to

any order otherwise, an application for leave to

appeal be heard and determined by the Court

which, if leave is granted, is to hear and determine

the appeal and may give directions accordingly.



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3A.09 Report

The Court may call for a report from the court that

made the order from which the appeal is brought,

and, if the contents of that report have first been

made available to the parties to the appeal, the

Court may act upon the report.

3A.10 Reference by Associate Judge to Judge of the Court

(1) If on an application to an Associate Judge in

accordance with Rule 3A.05 or 3A.06 it appears

to the Associate Judge that the application is

proper for the determination of a Judge of the

Court, the Associate Judge may refer the

application to a Judge of the Court.

(2) The Judge of the Court to whom the application is

referred may—

(a) hear and determine the application; or

(b) refer it back to the Associate Judge with

directions.

(3) An Associate Judge may refer to a Judge of the

Court for directions any question arising on an

application to the Associate Judge.

3A.11 Reference by Judge of the Court to Associate Judge

(1) Notwithstanding Rule 1.16, if an appeal to which

this Order applies appears to a Judge of the Court

to be proper for the determination of an Associate

Judge, the Judge of the Court, by order, may refer

the appeal to an Associate Judge.

(2) If a Judge of the Court refers an appeal to an

Associate Judge, the Associate Judge may—

(a) hear and determine the appeal, subject to any

directions in the order referring the appeal;

or

(b) refer the appeal back to the Judge of the

Court.



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(3) In hearing and determining an appeal referred

by a Judge of the Court to an Associate Judge,

the Associate Judge has the same powers as a

Judge of the Court would have in hearing and

determining the appeal, subject to any directions

in the order referring the appeal.

3A.12 Appeal to a Judge of the Court

(1) This Rule applies to an appeal under section 17(3)

of the Supreme Court Act 1986 to the Trial

Division constituted by a Judge of the Court from

a determination of the Trial Division constituted

by an Associate Judge in a matter to which this

Order applies.

(2) Rules 77.06.1 to 77.06.9 of Chapter I apply, with

any necessary modification, to an appeal to which

this Rule applies.

3A.13 Appeal to the Court of Appeal

(1) Subject to section 17A of the Supreme Court

Act 1986, for the purposes of sections 10(1)(ab)

and 17(3) of that Act—

(a) an appeal lies to the Court of Appeal

(and not to the Trial Division) from a

determination of the Trial Division

constituted by an Associate Judge in

respect of an appeal to which this Order

applies if the appeal was referred to the

Associate Judge by a Judge of the Court

under Rule 3A.11;

(b) the appeal to the Court of Appeal may

extend to any determination of the Trial

Division constituted by the Associate

Judge in respect of any matter related to

the referred appeal, even if the matter was

within the authority of an Associate Judge

apart from the referral; and



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(c) if leave to appeal would have been required

had the appeal been determined by a Judge

of the Court, the appeal from the Trial

Division constituted by an Associate Judge

shall only be by leave of the Court of

Appeal.

Note

An example of a related matter for the purposes of

Rule 3A.13(1)(b) is an associated application for

leave to appeal.

(2) Order 64 of Chapter I applies to an appeal

referred to in paragraph (1) with any necessary

modification.

Order 3B—Appeals under the Children, Youth and Families Act 2005 other than

appeals on a question of law


S.R. No.

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Order 3B—Appeals under the Children,

Youth and Families Act 2005 other than


3B.01 Application of Order

This Order applies to appeals to the Trial

Division under Divisions 1, 2 and 2A of Part 5.4

of Chapter 5 of the Children, Youth and

Families Act 2005 from the Children's Court

constituted by the President of that Court.

3B.02 Notice of appeal and undertaking to proceed with

appeal

A notice of appeal under section 425 of the

Children, Youth and Families Act 2005 and

undertaking to proceed with the appeal shall be

in Form 6–3BA.

Note

Section 425 of the Children, Youth and Families Act 2005

provides for the notice of appeal to be filed in the Children's

Court within 28 days after the Children's Court imposes the

sentence and requires service of a copy on the respondent

within 7 days of being filed.

3B.03 Legal practitioner to notify that practitioner acts

(1) If a legal practitioner is engaged to act on behalf

of an appellant or a respondent to an appeal to

which this Order applies, the legal practitioner

shall without delay notify the Prothonotary in

writing that the practitioner so acts and provide

an address for service.

(2) If a legal practitioner ceases to act on behalf of

an appellant or a respondent or the address for

service is changed, the legal practitioner shall

without delay so notify the Prothonotary in

writing.




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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


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


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—


appeal period of property or of a money

sum the subject of a restitution order or

compensation order; or

(b) as to the production of any such property

or money sum at an appeal.

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

Unfitness to be Tried) Act 1997


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Order 3C—Appeals from Children's Court

under the Crimes (Mental Impairment

and Unfitness to be Tried) Act 1997

3C.01 Application of Order 3C

This Order applies to appeals to the Trial

Division under Part 5A of the Crimes (Mental

Impairment and Unfitness to be Tried) Act 1997 from the Children's Court constituted

by the President of that Court or by the Chief

Magistrate who is a dual commission holder.

3C.02 Appeal by child against finding of unfitness to

be tried

A notice of appeal to the Trial Division under

section 38U(1) of the Crimes (Mental


Act 1997 shall be in Form 6–3CA.

3C.03 Appeal by child against finding of not guilty

because of mental impairment


section 38ZE(1) of the Crimes (Mental


Act 1997 shall be in Form 6–3CB.

3C.04 Appeal by DPP against order for unconditional

release


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


section 38ZJ(1) of the Crimes (Mental


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


section 38ZJ(2) of the Crimes (Mental


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.


affidavit—

(a) a copy of the charge, indictment or other

written process against the appellant;

(b) a copy of the finding or order against which

the appeal is brought; and

(c) a copy of any reasons given for the finding

or order—


in the affidavit.

(4) There shall also be included as exhibits to the

affidavit copies of all other documents on which

the appellant intends to rely in support of the

appeal, insofar as those documents or copies are

within the possession or power of the appellant.




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(5) At the time of transmitting the notice of appeal to

the Supreme Court as required by the applicable

provisions of the Crimes (Mental Impairment

and Unfitness to be Tried) Act 1997, the

Children's Court shall also transmit to the

Supreme Court the affidavit and exhibits filed by

the appellant under this Rule.

(6) At the time of serving the notice of appeal as

required by the applicable provisions of the

Crimes (Mental Impairment and Unfitness

to be Tried) Act 1997, the appellant shall also

serve a copy of the affidavit and copies of the

exhibits on the respondent in accordance with—

(a) section 392 of the Criminal Procedure

Act 2009 in the case of an appeal by a child;

and

(b) section 391 of that Act in any other case.

3C.08 Children's Court recording officer to give Court

documents when required

The Court may require the recording officer of

the Children's Court to provide to the Court any

documents retained by the Children's Court that

are relevant to the appeal.

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

Procedure Act 2009


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Order 3D—Appeals to Trial Division

under Part 6.1 of Chapter 6 of the


3D.01 Application of this Order

This Order applies to any appeal under Part 6.1


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—

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


Procedure Act 2009


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(ii) for the time being in charge of a police

station.

(3) A notice under section 255(6)(a) of the Act shall

be in Form 6–3DB.

3D.04 Appeals by DPP against sentence or failure to fulfil

undertaking

(1) A notice of appeal referred to in section 258 of

the Act in respect of an appeal by the DPP under

section 257 of the Act shall be in Form 6–3DC.

(2) Within 7 days after serving a copy of the notice

of appeal in accordance with section 258(2) of

the Act, the DPP shall file in the Supreme Court—

(a) a copy of the notice of appeal; and

(b) an affidavit of service.

(3) A notice of appeal referred to in section 261 of

the Act in respect of an appeal by the DPP under

section 260 of the Act shall be in Form 6–3DD.

(4) Within 7 days after serving a copy of the notice

of appeal in accordance with section 261(2) of

the Act, the DPP shall file in the Supreme Court—

(a) a copy of the notice of appeal; and

(b) an affidavit of service.

3D.05 Prothonotary to fix date for hearing of appeal

The Prothonotary shall—

(a) fix the date and place for hearing of each

appeal to which this Order applies and of

each application referred to in Rule 3D.08;

and

(b) notify in writing each party and each legal

practitioner who has given notice under

Rule 3D.10 of the date and place of hearing

within a reasonable time before the hearing.


Procedure Act 2009


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3D.06 Abandonment of appeal

(1) A notice of abandonment of appeal under

section 266 of the Act shall be in Form 6–3DE.

(2) For the purposes of the striking out of an appeal

under section 266(4) of the Act, the Court may be

constituted by the Prothonotary or a Judge of the

Court.

3D.07 Written notice of abandonment of appeal—

conviction only

Written notice under section 266(2) of the Act

that an appeal against conviction is abandoned,

but an appeal against sentence is pursued, shall

be in Form 6–3DF.

3D.08 Application to set aside an order striking out appeal

for failure to appear

(1) An application under section 267(3) of the Act to

set aside an order striking out an appeal for failure

to appear shall be in Form 6–3DG.

(2) The Prothonotary shall, as soon as practicable,

forward a copy of the application to the court

where the original sentence or order was imposed.

3D.09 Recording and notification of result of appeal

(1) The Court shall record the result of each appeal to

which this Order applies in a result of appeal form

in Form 6–3DH.

(2) The Prothonotary shall forward a copy of the

result of appeal form to—

(a) the court where the original sentence or order

was imposed;

(b) the parties; and


Procedure Act 2009


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(c) any person or authority concerned with the

administration of any sentence or order

originally imposed in the Magistrates' Court,

or any sentence or order imposed by the

Court on appeal.

(3) If more than one appeal is heard together, it is not

necessary to record the sentence on a separate

result of appeal form, but the outcome of each

appeal, the particulars of each charge and the

sentences imposed shall be recorded in full.

(4) Where the Court has imposed a sentence

of imprisonment or detention, the result of appeal

form shall be sufficient to authorise the keeping of

the appellant for the period and in the manner set

out in the form.

3D.10 Legal practitioner to notify that practitioner acts

(1) If a legal practitioner is engaged to act on behalf

of an appellant or a respondent to an appeal to

which this Order applies, the legal practitioner,

without delay, shall notify the Prothonotary in

writing that the practitioner so acts and provide

an address for service.

(2) If a legal practitioner ceases to act on behalf of

an appellant or a respondent or the address for

service is changed, the legal practitioner shall

without delay so notify the Prothonotary in

writing.

Order 4—Criminal Procedure rules


S.R. No.

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Part 1—Pre-trial criminal procedure

4.01 Definitions




4.02 Filing indictment

(1) The DPP shall file an indictment by delivering it

to the Associate to the Judge of the Court before

whom indictment is to be made.

Note


(2) The Associate to the Judge of the Court before

whom indictment has been made shall deliver

the indictment to the Prothonotary.

(3) The DPP must, as soon as practicable after

an indictment is filed, forward a copy of the

indictment to the Judicial Registrar-Criminal

Division.

Note

See section 171 of the Act for service of a copy of the

indictment on the accused.

4.03 Notice to accompany copy indictment—no legal

practitioner representing accused

For the purposes of section 171(1)(b) of the Act

the form of notice is Form 6–4A.



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4.04 Notice by legal practitioner to DPP and Judicial

Registrar-Criminal Division

(1) A legal practitioner who commences to act

for an accused must, as soon as possible

after commencing so to act, serve a notice in

Form 6–4B that the legal practitioner acts for

the accused upon—

(a) the DPP; and

(b) the Judicial Registrar-Criminal Division.

(2) Subject to paragraph (3), a legal practitioner

who ceases to act for an accused must, as soon

as possible after so ceasing to act—

(a) serve a notice in writing in Form 6–4C

that the legal practitioner has ceased so

to act upon—

(i) the DPP;

(ii) the Judicial Registrar-Criminal

Division; and

(iii) the accused;

(b) return to the Judicial Registrar-Criminal

Division the copy of the depositions and

all other material provided by the Judicial

Registrar-Criminal Division in relation to

the matter; and

(c) return to the DPP all materials provided

by the DPP in relation to the matter.

(3) Where paragraph (2) applies to an officer of

Victoria Legal Aid, the notice shall not be served

and the materials shall not be returned until the

expiration of the time for appeal against the

decision to terminate legal assistance or the

resolution of any such appeal (whichever last

occurs) but must be respectively served and

returned as soon as possible thereafter unless the



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decision to terminate legal assistance has been

reversed.

4.05 Notice by legal practitioner to Prothonotary

(1) A legal practitioner who acts for an accused must

file with the Prothonotary a notice in Form 6–4B

that the legal practitioner so acts—

(a) if the legal practitioner has commenced

so to act before service of a copy of the

indictment, within 14 days after service

of the copy indictment; or

(b) if the legal practitioner commences so to act

after service of a copy of the indictment, as

soon as possible after commencing so to act.

(2) A legal practitioner who having filed a notice

under paragraph (1) ceases to act for an accused,

must as soon as possible after so ceasing to act

file with the Prothonotary a notice in Form 6–4C.

Note


4.06 Unrepresented accused

(1) Within 28 days of the receipt of a copy of an

indictment the Judicial Registrar-Criminal

Division must, unless notified that a legal

practitioner is acting for an accused—

(a) if the accused is on bail, contact the accused

requesting attendance at the office of the

Judicial Registrar-Criminal Division at a

time fixed by the Judicial Registrar-Criminal

Division to determine what steps the accused

has taken to obtain legal representation for

the trial and at the time of making such

request the Judicial Registrar-Criminal

Division must inform the accused that, if

there is no attendance as requested, the Court



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will require the accused to attend the Court

for the same purpose; and

(b) if the accused is in custody, attend personally

or by a representative on the accused at the

place where the accused is held to determine

what steps the accused has taken to obtain

legal representation for the trial.

(2) The Judicial Registrar-Criminal Division must

report to the Principal Judge of the Criminal

Division any uncertainty as to the legal

representation of an accused in order to enable

the Principal Judge of the Criminal Division to

give directions to the Judicial Registrar-Criminal

Division as to what steps are to be taken to resolve

any such uncertainty.

4.07 Case conference

(1) The Judicial Registrar-Criminal Division may

conduct a case conference at any time before the

trial.

(2) The purpose of the case conference is to assist in

the fair and efficient conduct of the trial, including

but not limited to, clearly identifying what is in

dispute between the parties and ensuring the trial

is ready to commence on the trial date listed.

(3) Not less than seven days before the date proposed

for a case conference, written notice of the case

conference is to be given to—

(a) the DPP;

(b) the accused (if unrepresented); and

(c) the accused's legal practitioner (if any).

(4) At a case conference—

(a) the DPP shall, subject only to any substantial

consideration of the personal safety of

witnesses—



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(i) give notice of the name of any witness

who may be called as a Crown witness

upon the trial and whose name does not

appear on the indictment as a witness or

as an additional witness;

(ii) give notice of the substance of the

evidence proposed to be adduced from

each such witness (whether by way of

provision of a copy of a statement made

by the witness or otherwise);

(iii) provide to the Judicial Registrar-

Criminal Division any information

that the Judicial Registrar-Criminal

Division may reasonably require as to

the availability of each Crown witness;

and

(iv) notify the Judicial Registrar-Criminal

Division and the accused of the name

of any potential Crown witness whose

deposition the Crown proposes to apply

to tender in evidence and the grounds

of any such proposed application; and

(b) the accused or the accused's legal

practitioner must be prepared to certify

that the accused is ready to proceed on

the Listed Date (if any).

(5) Nothing said by or on behalf of an accused at a

case conference, and no failure by an accused to

answer a question at a case conference, shall be

used in any subsequent trial or made the subject

of any comment at that trial.

(6) Nothing in paragraph (5) precludes an accused

from relying on an indication of an intention to

plead guilty given at a case conference.

Note

There is no Rule 4.08.



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Part 2—Notices under the Act and general matters

4.09 Commonwealth DPP

This Order applies, with any necessary

modification, to the Commonwealth DPP in

the same manner as it applies to the DPP.

4.10 DPP to specify sections in notice given under the Act

In any notice given under the Act, the DPP must

specify the section of the Act under which that

notice is given.

4.11 Notice of alibi

For the purposes of section 190(1) of the Act

notice of alibi shall be in Form 6–4E.

4.12 Recording of time and date of arraignment

The time and date of arraignment of an accused

shall be recorded in the records of the Court.

Note

See sections 210, 215 and 217 of the Act.

4.13 Notice of intention to plead guilty to remaining

charges in indictment

For the purposes of section 216(1)(b) of the Act

notice of intention by the accused to plead guilty

to the remaining charges in an indictment shall be

in Form 6–4F.

4.14 Summons or warrant when direct indictment filed

(1) A summons under section 174(2)(a) of the Act

must be in Form 6–4G.

(2) A warrant to arrest under section 174(2)(b) of the

Act must be in Form 6–4H.

(3) An application for a summons or warrant to arrest

under section 174(1) of the Act must be made at

the time of filing the direct indictment to which



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the application relates, unless the circumstances

of the case require a later application.

(4) A summons or warrant to arrest under

section 174(2)(a) or (b) of the Act must

be issued by a Judge of the Court.

Part 3—Authority of judicial registrars under

this Order

4.15 Authority of judicial registrar at directions hearings

(1) Without limiting any other powers of a judicial

registrar, a judicial registrar may, subject to

this Order, conduct directions hearings under

Division 1 of Part 5.5 of the Criminal Procedure

Act 2009.

(2) The judicial registrar may conduct a directions

hearing with the parties separately if the accused

is not represented and is in custody.

(3) Subject to this Order, a judicial registrar may,

at a directions hearing, exercise the powers of

the Court under section 181 of the Criminal

Procedure Act 2009.

4.16 Limitations on authority of judicial registrar

Despite Rule 4.15, a judicial registrar does

not have authority, at a directions hearing or

otherwise, to exercise the power of the Court—

(a) under section 180 of the Criminal

Procedure Act 2009 to arraign the accused;

(b) under section 181(2)(i) of that Act to

determine any objection to the disclosure of

information or material by the prosecution;

(c) under section 181(2)(k) of that Act to

determine an application for a sentence

indication; or



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(d) under section 181(3) of that Act to make

any order or other decision referred to in

that subsection.

4.17 Further authority of judicial registrars

(1) Without limiting any other powers of a judicial

registrar, a judicial registrar may, subject to this

Order—

(a) grant an application to extend the bail of an

accused, if the application is unopposed;

(b) make an order for the remand or

further remand of an accused where

no application for bail is made;

(c) vary any condition of bail by consent

or where the application to vary is

unopposed;

(d) hear and determine an application to shorten

the return date of, or the time for compliance

with, a subpoena in a proceeding to which

these Rules apply.

Note

See also Rule 1.12(3).

(2) For the avoidance of doubt, a judicial registrar

does not have authority—

(a) to hear and determine an application for the

revocation of bail;

(b) to hear and determine a contested application

for bail;

(c) subject to paragraph (1)(c), to vary any

condition of bail; or

(d) subject to paragraph (1)(b), to remand an

accused.



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(3) A judicial registrar may constitute the Court

for the purposes of making an order to bring

an appellant who is in custody before the Court

pursuant to—

(a) regulations made under the Corrections

Act 1986; or

(b) section 490 of the Children, Youth and

Families Act 2005.

4.18 Judicial registrar may constitute Trial Division of

Court

In the case of a matter within the authority of a

judicial registrar under this Order—

(a) the judicial registrar constitutes the Trial

Division of the Court; and

(b) all the powers of the Trial Division of the

Court to hear and determine such a matter

are delegated to the judicial registrar.

4.19 Appeal from determination by a judicial registrar

under this Order

(1) In this Rule, a reference to a determination

includes a reference to a direction or an order.

(2) This Rule applies to any determination given

or made by the Trial Division of the Court

constituted by a judicial registrar under this Order.

(3) For the purposes of section 113M of the

Supreme Court Act 1986, an appeal from any

determination to which this Rule applies lies to

the Trial Division constituted by a Judge of the

Court.

(4) An appeal under this Rule shall be conducted by

way of hearing de novo.

(5) Rules 84.05(5) to 84.12 of Chapter I apply, with

any necessary modification, to an appeal under

this Rule.



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4.20 Judicial registrar may act for another

If circumstances so require, a judicial registrar

may hear and determine an application or a matter

instead of the judicial registrar by whom it would

otherwise be heard and determined.

Order 5—Payment of fines rules


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Part 1—Payment of fines—Sentencing Act 1991

5.01 Definitions

In this Part—

offender means a person on whom the Court has

imposed a fine;

person in default means a person who has

failed to pay a fine or an instalment under

an instalment order and includes a director

of a body corporate who is the subject of a

declaration under section 55(1) of the Act;

the Act means the Sentencing Act 1991.

5.02 Proper officer

For the purposes of Part 3B of the Act, the

proper officer of the Court is the Registrar of

Criminal Appeals, an Associate Judge or the

Judicial Registrar-Criminal Division.

5.03 Application

(1) An application under section 57, 60, 61(2) or 65

of the Act by an offender shall be in Form 6–5A.

(2) The applicant shall give reasonable notice of the

application to the Director of Public Prosecutions.

5.04 Application operates as stay

Unless otherwise ordered by a Judge of the Court,

an application under section 57, 60, 61(2) or 65

of the Act operates as a stay of enforcement or

execution of the order requiring the fine to be

paid from the time it is filed until it is determined.



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5.05 Consideration of application

In considering an application the proper officer

may—

(a) question the offender about the offender's

financial circumstances; and

(b) require the offender to make an affidavit

or produce any document concerning the

offender's financial circumstances that is

reasonably accessible to the offender.

5.06 Service of copy order

The proper officer shall cause a copy of the order

to be delivered to the applicant personally or sent

by post.

5.07 Enforcement of fines against a natural person

(1) A statement in writing under section 69C(3) of

the Act shall be in Form 6–5B.

(2) A summons under section 69M(1) of the Act

shall be in Form 6–5E.

(3) If a person in default—

(a) has been taken into custody in accordance

with a warrant to arrest issued under

section 69M of the Act; and

(b) the outstanding amount of the fine specified

in the warrant is paid—

the person in default may be released from

custody without being taken before the Court.

5.08 Enforcement of fine against body corporate

A statement in writing under section 69Y(3) of

the Act shall be in Form 6–5F.



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Part 2—Applications under the Sheriff Act 2009

5.09 Application for reinstatement of certain money

warrants

(1) An application under section 28 of the Sheriff

Act 2009 for reinstatement of an executed money

warrant as a money warrant shall be made by

summons in the proceeding in Form 6–5G.

Note

Section 28(3) of the Sheriff Act 2009 provides that this

application is to be made within 28 days after the person

named or described in the relevant money warrant receives

notice from the Sheriff under section 27(9) of that Act that a

third party has paid the whole of the amount payable under

that warrant.

(2) The summons shall be supported by an affidavit—

(a) stating the facts on which the application is

made;

(b) giving particulars of the executed money

warrant; and

(c) exhibiting the notice served on the applicant

under section 27(9) of the Sheriff Act 2009.

5.10 Filing and service of summons

(1) A summons under Rule 5.09 shall be filed with

the Prothonotary.

(2) The summons and a copy of the supporting

affidavit shall be served on—

(a) the Sheriff; and

(b) the third party who paid the whole of the

amount payable under the executed money

warrant.

Order 6—Confiscation of property and proceeds of crime


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Order 6—Confiscation of property and

proceeds of crime

Part 1—Preliminary matters

6.01 Definitions

In this Order—

the Act means the Confiscation Act 1997;

the Commonwealth Act means the Proceeds of

Crime Act 2002 of the Commonwealth.

6.02 Application of this Order

(1) Part 2 of this Order applies to a proceeding in the

Court under the Act.

(2) Part 3 of this Order applies to a proceeding in the

Court under the Commonwealth Act.

6.03 Notice by legal practitioner

(1) A legal practitioner who commences to act for an

accused or an applicant in a proceeding to which

this Order applies shall, as soon as possible after

commencing so to act, file a notice stating—

(a) that the legal practitioner is acting for the

accused or the applicant, as the case requires;

(b) the contact details of the legal practitioner,

including name, address, telephone number,

fax number and email address; and

(c) the relevant name and address for service.

(2) The legal practitioner shall be noted in the

records of the Court as acting for the accused

or the applicant, as the case requires.



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(3) A legal practitioner who ceases to act for

an accused or an applicant shall, as soon as

possible after so ceasing to act—

(a) file a notice stating that the legal practitioner

has ceased so to act; and

(b) serve a copy of the notice on—

(i) the DPP or the Commonwealth DPP,

as the case requires; and

(ii) the accused or the applicant, as the

case requires.

Part 2—Applications under the Confiscation

Act 1997

6.04 Making of application to the Court

If, by the Act, notice of an application is required

to be given, the application is taken to be made

when the notice of application is filed.

6.05 Notice and service generally

If notice is required by or under the Act or this

Order to be given to any person, it shall be in

writing and served on that person.

Note

See section 137 of the Act.

6.06 Applications for restraining orders

(1) An application for a restraining order under the

Act (other than a civil forfeiture restraining order

or an unexplained wealth restraining order) shall

be in Form 6–6A.

(2) An application under section 36K of the Act

for a civil forfeiture restraining order shall be

in Form 6–6AB.



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(3) An application under section 40F of the Act for

an unexplained wealth restraining order shall be

in Form 6–6AC.

6.07 Applications for monitoring orders

An application for a monitoring order under the

Act may be in Form 6–6O.

6.08 Application without notice under the Act

(1) Except where the Act otherwise provides,

an application to the Court under the Act which

is made without notice to any other person shall

be in writing.

(2) An application to the Court under the Act which

is to be made without notice and in writing and

for which a form is not prescribed in this Order

may be in Form 6–6A with any necessary

modification.

(3) If under section 17(1), 36L(1) or 40H(1) of the

Act the Court requires notice to be given that the

application has been made, the notice shall be in

Form 6–6B.

6.09 Form of certain applications and notices of

application

(1) An application under section 20 of the Act for an

exclusion order, under section 36U of the Act for

a section 36V exclusion order or under section

40R of the Act for a section 40S exclusion order

shall be in Form 6–6C.

(2) An application under section 26, 36W or 40W

of the Act for further orders in relation to property

the subject of a restraining order, a civil forfeiture

restraining order or an unexplained wealth

restraining order, as the case may be, shall be

in Form 6–6D.

(3) An application under section 32 of the Act for a

forfeiture order shall be in Form 6–6E.



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(4) An application under section 37 of the Act for

a civil forfeiture order shall be in Form 6–6F.

(5) An application under section 40A of the Act

for a section 40B exclusion order or under

section 40ZC of the Act for a section 40ZD

exclusion order shall be in Form 6–6FA.

(6) An application under section 45 or 45B of the

Act for relief from undue hardship shall be in

Form 6–6G.

(7) An application under section 45A of the Act for

relief from automatic forfeiture of property of a

serious drug offender shall be in Form 6–6GA.

(8) An application under section 49, 51 or 53 of the

Act for an exclusion order shall be in Form 6–6H.

(9) An application under section 58 of the Act for a

pecuniary penalty order shall be in Form 6–6J.

(10) Any other application to be made to the Court

under the Act may be in Form 6–6L with any

necessary modification.

(11) Where notice of the hearing of an application is

required to be given then, unless the Act otherwise

provides or the Court otherwise orders, such

notice shall be given not less than five days before

the day fixed for the hearing of the application.

6.10 Filing and directions

(1) Unless the Act otherwise provides or the Court

otherwise orders, in a proceeding under the Act

the following shall be filed in the Court—

(a) each application;

(b) each affidavit;

(c) a copy of each notice given.



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(2) At the time when an application or notice of an

application is filed, the Prothonotary shall insert

the time and place at which the application is to be

heard and such time and place shall be included in

any copy which is served.

(3) After an application or notice of an application

has been filed, a Judge of the Court may give

directions for the hearing of the application,

including directions for the production to the

Court of any transcript of proceedings relating

to a conviction relied upon in the application.

6.11 Notice by person contesting an application

(1) A person who is required by the Act to give

notice of the grounds on which an application is

to be contested shall give notice to the applicant

in Form 6–6LA.

(2) Any other person who intends to contest an

application made under the Act shall give notice

in Form 6–6LA to the applicant of the grounds

on which the application is to be contested.

(3) The notice shall be served on the applicant not

later than two days before the date fixed for the

hearing or the resumed hearing of the application,

as the case requires.

6.12 Evidence

(1) Unless the Court otherwise directs, evidence in

chief on the hearing of all applications under the

Act shall be by affidavit.

(2) A copy of an affidavit on which the applicant

intends to rely shall be served on any person to

whom notice of the application has been given.

(3) A copy of an affidavit on which a person other

than the applicant intends to rely shall be served

on the applicant and any other person, if known,

to whom notice of the application has been given.



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6.13 Notice of order or declaration

(1) Subject to paragraph (2) and Rule 6.14, where

notice is required to be given to any person of

an order made by the Court under the Act, notice

shall be given by serving a copy of the order on

that person in accordance with section 137 of the

Act.

(2) In the case of a restraining order made under

Part 2 of the Act for the purpose of automatic

forfeiture and in the case of an unexplained wealth

restraining order made under Part 4A of the Act

for the purpose of unexplained wealth forfeiture,

a copy of the order shall be accompanied by a

notice in Form 6–6M.

(3) If a restraining order, civil forfeiture restraining

order, unexplained wealth restraining order,

forfeiture order or civil forfeiture order under the

Act is made by the Court upon the application of

any person, notice of the order shall be given by

the applicant to—

(a) each person who the applicant has reason to

believe has an interest in any of the property

which is subject to the order, unless that

person was present when the order was made

or was given notice of the making of the

application for the order; and

(b) such other person as the Court directs.

(4) If a declaration is made by the Court—

(a) under section 35(3) of the Act, of the date

on which a person (in respect of whom a

restraining order has been made) is deemed

to have been convicted of a Schedule 2

offence; or



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(b) under section 36 of the Act, that property has

been forfeited—

notice of the order containing the declaration shall

be given by the applicant to—

(c) each person who the applicant has reason to

believe had an interest in any of the property

which is forfeited immediately before the

property was forfeited, unless that person

was present when the declaration was made

or was given notice of the application for the

declaration; and

(d) such other person as the Court directs.

6.14 Notice of discharge

(1) The following notices under the Act shall be in

Form 6–6N—

(a) notice under section 46(2) of discharge of

a forfeiture order;

(b) notice under section 47(2) of discharge of

automatic forfeiture;

(c) notice under section 48(2) of discharge of

a civil forfeiture order;

(d) notice under section 48A(2) of discharge of

unexplained wealth forfeiture.

(2) If a pecuniary penalty order registered under the

Service and Execution of Process Act 1992 of the

Commonwealth is discharged, notice of discharge

shall be given by the person who procured the

registration of the order.

(3) Notice of discharge under paragraph (2) shall be

given by sending a sealed copy of the order of

discharge to the Prothonotary, Registrar or other

proper officer of the court in which the order was

registered.



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6.15 Interstate order

(1) For the purposes of section 125(4) of the Act,

registration of an interstate order shall be effected

by filing a sealed copy of the order in the Court.

(2) For the purposes of section 125(5) of the Act,

a facsimile copy of an interstate order or of any

amendments to an interstate order shall be taken

to be certified if it contains—

(a) a facsimile copy of the seal of the court

which made the order; or

(b) a facsimile copy of a statement purporting

to be signed by the Prothonotary, Registrar

or other proper officer to the effect that the

copy is a true copy of the order of the court.

6.16 Examination under section 98(2) of the Act

If an order is made under section 98(2) of the Act

for the examination of a person before the Court,

the examination may be before an Associate

Judge.

Part 3—Applications under the Commonwealth Act

6.17 Making of application to the Court under the

Commonwealth Act

An application under the Commonwealth Act is

taken to have been made when it is filed.

6.18 Notice and service under the Commonwealth Act

(1) Subject to the Commonwealth Act, if notice is

required by or under the Commonwealth Act to

be given or served it shall be in writing.

(2) A copy of an application, a copy of an affidavit

and a notice given in a proceeding under the

Commonwealth Act shall be served personally

or in such other manner as the Court directs.



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6.19 Applications for restraining orders and other

applications under the Commonwealth Act

(1) An application for a restraining order under the

Commonwealth Act (other than an unexplained

wealth restraining order under that Act) shall be

in Form 6–6P.

(2) An application for an unexplained wealth

restraining order under section 20A of the

Commonwealth Act shall be in Form 6–6Q.

(3) Any other application to the Court under

the Commonwealth Act for which a form

is not prescribed in this Order may be in

Form 6–6P with any necessary modification.

6.20 Applications for monitoring orders under the

Commonwealth Act

An application for a monitoring order under

the Commonwealth Act may be in Form 6–6R.

6.21 Filing and directions

(1) Unless the Commonwealth Act otherwise

provides or the Court otherwise orders, in a

proceeding under the Commonwealth Act the

following shall be filed in the Court—

(a) each application;

(b) each affidavit;

(c) a copy of each notice given.

(2) At the time when an application or notice of an

application is filed, the Prothonotary shall insert

the time and place at which the application is to be

heard and such time and place shall be included in

any copy which is served.

(3) After an application or notice of an application

has been filed, a Judge of the Court may give

directions for the hearing of the application,

including directions for the production to the



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Court of any transcript of proceedings relating

to a conviction relied upon in the application.

6.22 Notice by person contesting an application under

the Commonwealth Act

(1) A person who is required by the Commonwealth

Act to give notice of the grounds on which an

application is to be contested shall give notice

to the applicant in Form 6–6S.

(2) Any other person who intends to contest an

application made under the Commonwealth Act

shall give notice in Form 6–6S to the applicant

of the grounds on which the application is to be

contested.

(3) Subject to any relevant provisions of the

Commonwealth Act, the notice shall be served

on the applicant not later than two days before

the date fixed for the hearing of the application.

6.23 Evidence

(1) Unless the Court otherwise directs, evidence in

chief on the hearing of all applications under the

Commonwealth Act shall be by affidavit.

(2) A copy of an affidavit on which the applicant

intends to rely shall be served on any person to

whom notice of the application has been given.

(3) A copy of an affidavit on which a person other

than the applicant intends to rely shall be served

on the applicant and any other person, if known,

to whom notice of the application has been given.

6.24 Notice of order or declaration under

Commonwealth Act

Where notice is required to be given to any

person of an order made by the Court under

the Commonwealth Act, notice shall be given

by serving a copy of the order on that person in

accordance with the Commonwealth Act.

Order 7—Surveillance devices rules


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7.01 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.

Order 9—Witness protection rules


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Order 9—Witness protection rules

9.01 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—


the Associate to the Judge of the Court to

whom the application is to be made; and


person.

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


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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;



and


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


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10.05 Application under section 42N of the Act

Unless the application is made in accordance

with section 42N(3) of the Act—

(a) notice of an application under section 42N




and


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




and


Order 11—Terrorism (Community Protection) rules


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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.






whom the warrant is sought; and


person.

11.05 Form of warrant

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

Order 12—Serious Sex Offenders (Detention and Supervision) rules


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Order 12—Serious Sex Offenders

(Detention and Supervision) rules

12.01 Definition

In this Order, the Act means the Serious

Sex Offenders (Detention and Supervision)

Act 2009.


This Order applies to—

(a) a proceeding in the Court under Part 2, 3,

4 or 5 of the Act; and

(b) appeals under Part 7 of the Act.

Note

See also Part 6 of the Act for procedure in respect of applications.

12.03 Forms of application for supervision order and

renewal of supervision order

(1) An application to the Court under section 7

of the Act for a supervision order may be in

Form 6–12A.

(2) An application to the Court under section 28 of

the Act for renewal of a supervision order may

be in Form 6–12B.

12.04 Form of supervision order

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

12.05 Forms of application for detention order and

renewal of detention order


of the Act for a detention order may be in

Form 6–12D.


the Act for renewal of a detention order may be

in Form 6–12E.



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12.06 Form of detention order

A detention order may be in Form 6–12F.

12.07 Forms of application for interim supervision order

and extension of interim supervision order

(1) An application to the Court by the Secretary under

section 50 of the Act for an interim supervision

order may be in Form 6–12G.

(2) An application to the Court under section 63(1)

of the Act for extension of an interim supervision

order may be in Form 6–12H.

12.08 Forms of application for interim detention order

and extension of interim detention order

(1) An application to the Court by the Director of

Public Prosecutions under section 51 of the Act

for an interim detention order may be in

Form 6–12I.


Public Prosecutions under section 63(2) of the Act

for extension of an interim detention order may be

in Form 6–12J.

12.09 Forms of interim order and order extending interim

order

(1) An interim supervision order may be in

Form 6–12K.

(2) An order under section 64 of the Act extending an

interim supervision order may be in Form 6–12L.

(3) An interim detention order may be in

Form 6–12M.

(4) An order under section 64 of the Act extending an

interim detention order may be in Form 6–12N.



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12.10 Application for review of orders

(1) An application to the Court by the Secretary

under section 65(1) of the Act for review of

a supervision order may be in Form 6–12O.


Public Prosecutions under section 66 of the

Act for review of a detention order may be in

Form 6–12P.

12.11 Applications for leave to review orders

(1) An application under section 68(1) of the Act

for leave to apply for a review of a supervision

order—

(a) may be made at the same time as an

application by the Secretary under

section 65(1) of the Act for a review

of a supervision order; and

(b) may be in Form 6–12Q.

Note

Section 68(1) of the Act provides that an application for

leave to review may be made by the Secretary, the DPP

or the offender who is subject to the supervision order.

(2) An application under section 68(2) of the Act for

leave to apply for a review of a detention order—

(a) may be made at the same time as an

application under section 66 of the Act

for a review of a detention order; and

(b) may be in Form 6–12R.

Note

Section 68(2) of the Act provides that an application for

leave to review may be made by the DPP or the offender

who is subject to the detention order.



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12.12 Review of conditions of supervision order or interim

supervision order

An application under section 77 of the Act for

leave to apply for a review of any condition of a

supervision order or an interim supervision order

may be in Form 6–12S.

12.13 Order for a person to attend for examination

An order under section 84 of the Act may be in

Form 6–12T.

12.14 Forms of notice of appeal

(1) A notice of appeal by an offender under section 96

of the Act may be in Form 6–12U.

(2) A notice of appeal by the Secretary under

section 97 of the Act may be in Form 6–12V.

(3) A notice of appeal by the Director of Public

Prosecutions under section 98 of the Act may

be in Form 6–12W.

Note

See also Part 7 of the Act for procedure on appeals.

(4) An appeal under section 103 of the Act by a

person affected by a decision of the Court under

Division 1 of Part 13 of the Act is commenced by

filing in the Court a notice of appeal in

Form 6–12X.

12.15 Notice of intention to dispute reports under

section 113 of the Act

(1) A notice of intention to dispute the whole or any

part of an assessment report, progress report or

other report made to the Court or filed with an

application under the Act must be served on the

other party—

(a) in accordance with section 193 of the Act;

and



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(b) as soon as practicable and not less than

10 days before the day for the hearing of

the application.

(2) A notice of intention to dispute the whole or any

part of an assessment report, progress report or

other report made to the Court under the Act may

be in Form 6–12Y.



and any accompanying assessment report,

progress report or other report shall—



whom the order is sought; and


person.

Order 12A—Sex Offenders Registration rules


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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


the Act by a registrable offender for an order

suspending the offender's reporting obligations

may be in Form 6–12AA.

(2) An application to the Court under section 45(1) of

the Act by a registrable offender for a new order

suspending the offender's reporting obligations

may be in Form 6–12AB.

12A.03 Forms of application by Chief Commissioner of

Police

(1) An application to the Court under section 39A of

the Act by the Chief Commissioner of Police for

an order suspending the reporting obligations of

a registrable offender may be in Form 6–12AC.

(2) An application to the Court under section 44A of

the Act by the Chief Commissioner of Police for

revocation of an order made under section 40(1A)

of the Act suspending the reporting obligations

of a registrable offender may be in Form 6–12AD.

(3) An application to the Court under section 45(1A)

of the Act by the Chief Commissioner of Police

for a new order suspending the registrable

offender's reporting obligations may be in

Form 6–12AE.

Order 12A—Sex Offenders Registration rules


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12A.04 Filing of documents







person.

Order 13—Major Crime (Investigative Powers) rules


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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.


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.

Order 13—Major Crime (Investigative Powers) rules


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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


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


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


person.

Order 14—Assumed identity rules


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14.01 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


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.


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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108 17-033SR.S1-20/11/2017

(b) remain confidential and not be available for

inspection by any person.

14.06 Forms of order

(1) An order under section 10 of the Act—

(a) may be in Form 6–14C; and

(b) shall be signed by the Judge of the Court

making the order.

(2) An order under section 12 of the Act—

(a) may be in Form 6–14D; and

(b) shall be signed by the Judge of the Court

making the order.

Order 15—Identity crime rules


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Order 15—Identity crime rules

15.01 Identity crime certificate

An identity crime certificate issued under

section 89F of the Sentencing Act 1991

may be in Form 6–15A.

15.02 Notice to prosecutor to assist

Notice under section 89H(2) of the Sentencing

Act 1991 directed to a person who prosecuted

an identity crime offence within the meaning of

Part 4A of that Act to appear at the hearing of

an application for an identity crime certificate to

provide assistance to the Court in relation to the

application may be in Form 6–15B.

Order 16—Procedure under the Open Courts Act 2013


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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].

gov.au or such other email address as the

Court may from time to time specify, by

practice note or otherwise, for the purposes

of this Rule.

(2) A copy of the notice shall be filed by the applicant

as soon as practicable after the notice has been

emailed to the Court.

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


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Form 6–1A—Subpoena to

attend to give evidence

Rule 1.12(2)(a)

[heading as in originating process]

SUBPOENA TO ATTEND TO GIVE EVIDENCE

To [name]

of [address]:

YOU ARE ORDERED to attend to give evidence: see below for details.

Failure to comply with this subpoena without lawful excuse is a

contempt of court and may result in your arrest.

You should read all of the Notes set out at the end of this subpoena.

The last day for service of this subpoena is: [date]. (See Note 1)

Date:

[Seal of the Court]

Issued at the request of [name of party], whose address for service is:

Place:

Email:

Details of subpoena

You are required by this subpoena to attend to give evidence and you must

attend as follows unless you receive notice of a later date or time from a

police officer or the Solicitor for Public Prosecutions, in which case, the later

date or time is substituted:

Date:

Time:

Place:

You must continue to attend from day to day unless excused by the Court or

the person authorised to take evidence in this proceeding or until the hearing

of the matter is completed.



S.R. No.

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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.



S.R. No.

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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.

Form 6–1B—Subpoena to produce


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114 17-033SR.S1-20/11/2017


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).



S.R. No.

115 17-033SR.S1-20/11/2017

Date, time and place at which to attend to produce the subpoena or a copy of

it and the documents or things unless you receive notice of a later date or

time from a police officer or the Solicitor for Public Prosecutions, in which

case, the later date or time is substituted:

Date:

Time:

Place:

Address, or any address, to which the subpoena (or copy) and documents or

things may be delivered or sent:

The Prothonotary

[Supreme Court of Victoria

436 Lonsdale Street

Melbourne]

SCHEDULE OF DOCUMENTS

The documents and things you must produce are as follows:

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

NOTES


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


must, nevertheless, comply with its requirements, if you have, by the

last date for service of the subpoena, actual knowledge of the





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—



S.R. No.

116 17-033SR.S1-20/11/2017

(a) at the address specified in the subpoena for the purpose; or

(b) if more than one address is specified, at any of those

addresses—

so that they are received not less than two clear business days before

the date specified in the subpoena for attendance and production or

if you receive notice of a later date or time from the issuing party,

before the later date or time.

5. If you object to a document or thing produced in response to this

subpoena being inspected by a party to the proceeding or any other

person, you must, at the time of production, notify the Prothonotary in

writing of your objection and of the grounds of your objection.

6. Unless the Court otherwise orders, if you do not object to a document

or thing produced by you in response to the subpoena being inspected

by any party to the proceeding, the Prothonotary may permit the

parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

7. If you produce more than one document or thing, you must, if

requested by the Prothonotary, produce a list of the documents

or things produced.

Production of copy instead of original

8. Unless the subpoena specifically requires you to produce an original,

you may produce a copy of any document that the subpoena requires

you to produce. If you are producing copies, you are encouraged to

produce them in electronic form.

9. Electronic copies of documents can be provided on a memory card or

stick in any of the formats referred to in paragraph 10(b) below.

10. A copy of a document may be—

(a) a photocopy; or

(b) in an electronic form in any of the following electronic

formats—

.doc and .docx—Microsoft Word documents

.pdf—Adobe Acrobat documents

.xls and .xlsx—Microsoft Excel spreadsheets

.jpg—image files

.rtf—rich text format

.gif—graphics interchange format



S.R. No.

117 17-033SR.S1-20/11/2017

.tif—tagged image format

any other format agreed with the issuing party.







to any document or thing the subject of the subpoena.



for an order that the issuing party pay an amount in respect of any loss






14. Note 13 is without prejudice to any power of the Court under any

Rules of the Supreme Court (including any Rules of the Supreme

Court providing for the arrest of an addressee who defaults in

attendance in accordance with a subpoena) or otherwise, to enforce

compliance with a subpoena.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

You must complete the declaration below. The completed declaration

must be included in the subpoena or in the copy of the subpoena when

you produce the subpoena or the copy with the documents required by

the subpoena.

If you declare that the material you produce is copies of documents, the

Prothonotary may, without further notice to you, destroy the copies after the

expiry of four months from the conclusion of the proceeding or, if the

documents become exhibits in the proceeding, when they are no longer

required in connection with the proceeding, including on any appeal.

If you declare that the material you produce is or includes any original

document, the Court will return all of the material to you at the address

specified by you in the Declaration below.



S.R. No.

118 17-033SR.S1-20/11/2017

[tick the relevant option below, provide your address as appropriate,

sign and date]

All copied documents

All of the material I am providing in compliance with this subpoena is

copies of documents. I acknowledge that the Court will destroy the

copies once they are no longer required, without further notice to me.

Some original documents

Some or all of the material I am providing in compliance with this

subpoena is an original document. Once the material is no longer

required, all of the material should be returned to me at the following

address—

[insert address for return of material].

Date:

[signature of addressee]

[name of addressee]

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


S.R. No.

119 17-033SR.S1-20/11/2017

Form 6–1C—Subpoena both to attend to

give evidence and to produce

Rule 1.12(2)(c)


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:






S.R. No.

120 17-033SR.S1-20/11/2017

In so far as you are required by this subpoena to produce the subpoena or a

copy of it and documents or things, you must comply with this subpoena:


documents or things specified in the Schedule of documents below at

the date, time and place specified for attendance and production; or


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:


things may be delivered or sent:

The Prothonotary

[Supreme Court of Victoria

436 Lonsdale Street

Melbourne]

SCHEDULE OF DOCUMENTS


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

NOTES




of the subpoena.

Informal service


must, nevertheless, comply with its requirements, if you have, by

the last date for service of the subpoena, actual knowledge of the




S.R. No.

121 17-033SR.S1-20/11/2017




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.


delivery or post

5. In so far as this subpoena requires production of the subpoena (or a

copy of it) and a document or thing, instead of attending to produce

the subpoena (or a copy of it) and the document or thing, you may

comply with the subpoena to that extent by delivering or sending

the subpoena (or a copy of it) and the document or thing to the

Prothonotary—

(a) at the address specified in the subpoena for the purpose; or

(b) if more than one address is specified, at any of those

addresses—

so that they are received not less than two clear business days before

the date specified in the subpoena for attendance and production or

if you receive notice of a later date or time from the issuing party,

before the later date or time.






or thing produced by you in response to the subpoena being inspected





requested by the Prothonotary, produce a list of the documents

or things produced.



S.R. No.

122 17-033SR.S1-20/11/2017


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.







to any evidence you may be required to give under the

subpoena or any document or thing the subject of the

subpoena.


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





S.R. No.

123 17-033SR.S1-20/11/2017





Rules of the Supreme Court (including any Rules of the Supreme

Court providing for the arrest of an addressee who defaults in

attendance in accordance with a subpoena) or otherwise, to enforce

compliance with a subpoena.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

You must complete the declaration below. The completed declaration

must be included in the subpoena or in the copy of the subpoena when

you produce the subpoena or the copy of it with the documents required

by the subpoena.

If you declare that the material you produce is copies of documents, the

Prothonotary may, without further notice to you, destroy the copies after

the expiry of four months from the conclusion of the proceeding or, if the

documents become exhibits in the proceeding, when they are no longer

required in connection with the proceeding, including on any appeal.

If you declare that the material you produce is or includes any original

document, the Court will return all of the material to you at the address

specified by you in the Declaration below.

[tick the relevant option below, provide your address as appropriate,

sign and date]

All copied documents

All of the material I am providing in compliance with this subpoena

is copies of documents. I acknowledge that the Court will destroy the

copies once they are no longer required, without further notice to me.

Some original documents

Some or all of the material I am providing in compliance with this

subpoena is an original document. Once the material is no longer

required, all of the material should be returned to me at the following

address—

[insert address for return of material].

Date:

[signature of addressee]

[name of addressee]

Form 6–1BA—Subpoena to give evidence

(New Zealand)


S.R. No.

124 17-033SR.S1-20/11/2017


(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]


(New Zealand)


S.R. No.

125 17-033SR.S1-20/11/2017

Your rights

1. You are entitled to receive payment of an amount equal to the

reasonable expenses you incur in complying with the subpoena.

2. An amount of money, or money and vouchers that is sufficient to meet

your reasonable expenses of complying with the subpoena must be

given to you within a reasonable time before the date for compliance

with the subpoena (see below: "Your obligations").

3. If, in complying with the subpoena, you incur expenses that are more

than the amount that was given to you before you complied, you may

obtain an order from the Supreme Court of Victoria that you be paid

the additional amount you incurred.

4. You may apply to the Supreme Court of Victoria to have the subpoena

wholly or partly set aside. If you wish to apply to have the subpoena

set aside you should get legal advice as soon as possible.

5. An application can be made and determined by that Court without you

having to go to Australia, or to retain Australian lawyers. All the

necessary arrangements can be made in New Zealand.

Note: Details of some of the grounds on which a subpoena can be set aside

and the procedures for setting aside a subpoena are set out at the end

of this notice.

Your obligations

1. Unless the subpoena is set aside, you must comply with the attached

subpoena if:

(a) when the subpoena was served on you, or at some reasonable

time before the date specified in the subpoena for compliance

with it, you were offered or given either:

(i) enough money to meet your reasonable expenses

in complying with it, including any travel and

accommodation expenses; or

(ii) a combination of money and vouchers (for example,

travel tickets) to meet those expenses; and

(b) you were given with the subpoena a copy of an order by a

judge giving leave to serve the subpoena in New Zealand; and

(c) the subpoena was served on you before or on the date specified

in the order as the last day on which the subpoena may be

served; and

(d) service of the subpoena complied with any other conditions

specified in the order; and

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


(New Zealand)


S.R. No.

126 17-033SR.S1-20/11/2017

Failure to comply with the subpoena

If you do not comply with the subpoena you may be arrested and taken

before the High Court of New Zealand. Unless the High Court is satisfied

that failure to comply should be excused, a fine not exceeding NZ$10 000

may be imposed.

Grounds for setting aside a subpoena

1. The Court must set aside the subpoena if the subpoena requires you to

attend at a place in Australia and:

(a) you do not have necessary travel documents and cannot

reasonably get them within the time allowed for compliance

with the subpoena; or

(b) if you complied with the subpoena—you would be liable to be

detained for the purpose of serving a sentence; or

(c) you are being prosecuted or you are liable to prosecution for an

offence in Australia; or

(d) you are liable to imposition of a penalty in civil proceedings in

Australia (other than proceedings under the Australian

Consumer Law); or

(e) you are subject to a restriction on your movements imposed by

law or an order of a Court that is inconsistent with you

complying with the subpoena (for example, bail conditions,

release conditions or terms of a community based sentence).

2. The grounds on which the Court may set aside the subpoena include:

(a) the evidence you would give in the proceedings can be

obtained satisfactorily by other means without significantly

greater expense;

(b) compliance with the subpoena would cause you hardship or

serious inconvenience;

(c) if the subpoena requires you to produce a document or thing

and:

(i) that document or thing should not be taken out of New

Zealand; and

(ii) satisfactory evidence of the contents of the document or

satisfactory evidence of the thing can be given by other

means.

Note: The above list does not include all the matters the Court will consider

in an application to set aside a subpoena, but if any of the matters in

the list apply to you they should be included in your application.


(New Zealand)


S.R. No.

127 17-033SR.S1-20/11/2017

Procedure for applying to set aside a subpoena

1. Application must be made to the Supreme Court of Victoria.

2. You may fax your application to that Court on fax number

[fax number of the Court].

3. Your application must contain an address for service in New Zealand

or Australia. Any documents to be served on you will be delivered,

faxed or posted to you at that address.

4. The Prothonotary will arrange for service of your application and of

any affidavit you lodge with the Court with your application.

5. The Court may determine your application without a hearing unless

you, or the person who requested that the subpoena be issued, asks for

a hearing.

6. If there is a hearing the Court can direct that it be held by video link

(that is, a conference television link) or telephone. In that case you or

your lawyer can take part in the hearing by video link or by telephone

from a place in New Zealand.

7. If, in your application or within a reasonable time after lodging your

application, you request that the hearing be held by video link or

telephone, the Court must hold a hearing by video link or telephone.

However, in such a case, the Court will determine which of video link

or telephone will be used.

SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)


TO: [name and address]

You are ordered to attend to give evidence. See next page for details.


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


Place:

Email:


(New Zealand)


S.R. No.

128 17-033SR.S1-20/11/2017

Details of subpoena

Date, time and place at which you must attend to give evidence, unless you

receive a notice of a later date or time from the issuing party, in which case

the later date or time is substituted:

Date:

Time:

Place:




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



last date for service of this subpoena, actual knowledge of this



4. If this subpoena is addressed to a corporation, the corporation must

comply with this subpoena by its appropriate or proper officer.


(New Zealand)


S.R. No.

129 17-033SR.S1-20/11/2017


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.




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.

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


S.R. No.

130 17-033SR.S1-20/11/2017

Form 6–1BB—Subpoena to produce

documents (New Zealand)

Rule 1.12.1(2)(b)


SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)

Notice to Witness










This notice:








Tel Fax

Email

Address for service




S.R. No.

131 17-033SR.S1-20/11/2017

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").













of this notice.

Your obligations


subpoena if:




(i) enough money to meet your reasonable expenses in

complying with it, including any travel and








served; and






S.R. No.

132 17-033SR.S1-20/11/2017

2. If the subpoena only requires you to produce documents or things, it

must specify the date on which the documents or things are required

for production in the court or tribunal that issued the subpoena.

You may comply with the subpoena by producing the documents or things at

a registry of the High Court of New Zealand at least 10 days before the date

specified in the subpoena.

When you produce the documents or things at the registry you will be

required to produce the subpoena and to pay the cost of sending the

documents or things to the court or tribunal that issued the subpoena.

You will be able to pay that cost out of the money given to you to meet your

reasonable expenses of complying with the subpoena.


If you do not comply with this subpoena you may be arrested and taken



may be imposed.













Consumer Law); or








greater expense;





S.R. No.

133 17-033SR.S1-20/11/2017


and:

(i) that document or thing should not be taken out of

New Zealand; and



means.















a hearing.












S.R. No.

134 17-033SR.S1-20/11/2017

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:


documents or things specified in the Schedule below at the date, time

and place specified for attendance and production; or


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)



S.R. No.

135 17-033SR.S1-20/11/2017

Date, time and place at which you must attend to produce the subpoena or a

copy of it and documents or things:

Date:

Time:

Place:


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



subpoena; and


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 the subpoena.

Informal service







S.R. No.

136 17-033SR.S1-20/11/2017





delivery or post

5. In so far as this subpoena requires production of this subpoena or a

copy of it and a document or thing, instead of attending to produce

this subpoena or a copy of it and the document or thing, you may

comply with this subpoena by delivering or sending this subpoena or a

copy of it and the document or thing to:

(a) the Prothonotary at the address specified in this subpoena for

the purpose, or if more than one address is specified, at any of

those addresses, so that they are received not less than 2 clear

business days before the date specified in this subpoena for

attendance and production; or

(b) the Registrar of the High Court of New Zealand at the address

specified in this subpoena for the purpose, or if more than one

address is specified, at any of those addresses, so that they are

received not less than 10 clear days before the date specified in

this subpoena for attendance and production.






or thing produced by you in response to this subpoena being inspected





requested by the Prothonotary, produce a list of the documents or

things produced.


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



S.R. No.

137 17-033SR.S1-20/11/2017

(b) in an electronic form that the issuing party has indicated will be

acceptable.

Return or destruction of documents or copies

10. You may, at the time of production, inform the Court that any

document or copy of a document produced need not be returned and

may be destroyed.

11. If you have so informed the Court, the Prothonotary may destroy the

document or copy instead of returning it to you.










this subpoena.

Banker's book


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).






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


*Delete if not applicable.

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


S.R. No.

138 17-033SR.S1-20/11/2017

Form 6–1BC—Subpoena to give evidence

and produce documents (New Zealand)

Rule 1.12.1(2)(c)


SUBPOENA TO GIVE EVIDENCE AND PRODUCE

DOCUMENTS (NEW ZEALAND)

Notice to Witness










This notice:








Tel Fax

Email

Address for service




S.R. No.

139 17-033SR.S1-20/11/2017

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").













of this notice.

Your obligations


subpoena if:




(i) enough money to meet your reasonable expenses in

complying with it, including any travel and








served; and






S.R. No.

140 17-033SR.S1-20/11/2017

2. If the subpoena only requires you to produce documents or things, it

must specify the date on which the documents or things are required

for production in the court or tribunal that issued the subpoena.

You may comply with the subpoena by producing the documents or things at

a registry of the High Court of New Zealand at least 10 days before the date

specified in the subpoena.

When you produce the documents or things at the registry you will be

required to produce the subpoena and to pay the cost of sending the

documents or things to the court or tribunal that issued the subpoena.

You will be able to pay that cost out of the money given to you to meet your

reasonable expenses of complying with the subpoena.


If you do not comply with this subpoena you may be arrested and taken



may be imposed.













Consumer Law); or







S.R. No.

141 17-033SR.S1-20/11/2017




greater expense;




and:

(i) that document or thing should not be taken out of New

Zealand; and



means.















a hearing.












S.R. No.

142 17-033SR.S1-20/11/2017

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:


documents or things specified in the Schedule below at the date, time

and place specified for attendance and production; or



S.R. No.

143 17-033SR.S1-20/11/2017


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:


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



subpoena; and


application to have this subpoena set aside may be made.



S.R. No.

144 17-033SR.S1-20/11/2017




of the subpoena.

Informal service









delivery or post


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.






or thing produced by you in response to this subpoena being inspected





S.R. No.

145 17-033SR.S1-20/11/2017



requested by the Prothonotary, produce a list of the documents or

things produced.


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.










this subpoena.

Banker's book


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).



S.R. No.

146 17-033SR.S1-20/11/2017






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


Form 6–1D—General application


S.R. No.

147 17-033SR.S1-20/11/2017

Form 6–1D—General application

Rule 1.18

IN THE SUPREME COURT OF VICTORIA

AT

IN THE MATTER OF:

GENERAL APPLICATION

TO the Prothonotary:

AND TO the respondent: [name] of [address]

I wish to apply for the following order:

This application is made on the grounds that: [insert as applicable]

This application is *by consent/*contested.

Date:

[Signature of Applicant/

Applicant's Legal Practitioner]

LISTING OF APPLICATION

This application is listed for hearing before the Supreme Court at [place] at

[time] a.m./p.m. on [date].

Date:

Prothonotary

*Delete if not applicable

Form 6–2A—Notice of application

for leave to appeal against conviction


S.R. No.

148 17-033SR.S1-20/11/2017



Rule 2.05(1)

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL

AGAINST CONVICTION

To the Registrar of Criminal Appeals:

I, [full name] am convicted of the offence of [description of offence] and I am

*a prisoner at [place]/*living at [place of residence].

I WISH TO APPEAL to the Court of Appeal under section 274 of the

Criminal Procedure Act 2009 against my conviction (particulars of which

are set out below).

TAKE NOTICE that I apply to the Court of Appeal for leave to appeal

against my conviction on the ground(s): [state specifically and concisely and

not merely in general terms each ground on which you intend to appeal

against conviction].

Date:

[Signed by Appellant

or Legal Practitioner

on behalf of Appellant]

*[If signed by Legal Practitioner]

The name and address

for service are as follows:

[insert details]

PARTICULARS

1. Appellant's name:

2. Offence for which convicted and in relation to which it is sought to

appeal:

3. Convicted at: [place and court]

4. Trial Judge:




S.R. No.

149 17-033SR.S1-20/11/2017

5. Date of conviction:

6. Sentence:

7. Date of sentence:

8. Name and address of legal practitioner who represented appellant at

trial:

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

WRITTEN CASE MUST BE ATTACHED

1. This application for leave to appeal must be accompanied by a written

case in support of the application.

2. A written case must comply with the requirements of any applicable

practice direction. Practice directions may be viewed at, and

downloaded from, the website of the Supreme Court of Victoria at

www.supremecourt.vic.gov.au.

ORAL HEARING OPTION

I wish to have an oral hearing of my application

*I will be represented at the oral hearing by: Counsel

Solicitor

Myself

[please tick appropriate boxes]

I *wish/*do not wish to be present personally at the oral hearing.

I *wish/*do not wish to appear by audio visual link at the oral hearing.

Date:




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.

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




S.R. No.

150 17-033SR.S1-20/11/2017

2. You may, however, request an oral hearing of your application by

completing this section of this Form. This request must be confirmed

to the Registrar of Criminal Appeals in writing in accordance with any


3. You must attach your written case in support of your application

whether or not you request an oral hearing.

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


Form 6–2B—Notice of application

for leave to appeal against sentence


S.R. No.

151 17-033SR.S1-20/11/2017



Rule 2.05(2)


AT

The Queen

v.

A.B.


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).


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:







[insert details]

PARTICULARS



appeal:


4. Sentencing Judge:




S.R. No.

152 17-033SR.S1-20/11/2017


6. Sentence:



trial:









ORAL HEARING OPTION



Solicitor

Myself




Date:







an oral hearing. Consequently, unless you request an oral hearing a



oral hearing.





S.R. No.

153 17-033SR.S1-20/11/2017







IMPORTANT NOTE:

You should be aware that the Court of Appeal has the power under the

Criminal Procedure Act 2009 to impose a sentence which is more or less

severe than the sentence which is appealed against.

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


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

Procedure Act 2009


S.R. No.

154 17-033SR.S1-20/11/2017

Form 6–2C—Notice of application for

leave to appeal under section 283 of


Rules 2.05(3), 2.54(b)


AT

BETWEEN A.B. Appellant

and

C.D. Respondent


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:


appeal:

3. Originally convicted at the Magistrates' Court at [place of Court] and

sentenced to [sentence or other order imposed by the Magistrates'

Court];

4. Sentence substituted by County Court:


6. Date sentence of County Court imposed:

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

Procedure Act 2009


S.R. No.

155 17-033SR.S1-20/11/2017

Date:

[Signed by Appellant]








ORAL HEARING OPTION



Solicitor

Myself




Date:







an oral hearing. Consequently, unless you request an oral hearing, a



oral hearing.








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


S.R. No.

156 17-033SR.S1-20/11/2017

Form 6–2D—Notification to applicant

of single Judge's decision

Rule 2.25(1)(a)

[heading as in Form 6–2A]

NOTIFICATION TO APPLICANT OF SINGLE JUDGE'S

DECISION UNDER SECTION 315 OF THE CRIMINAL

PROCEDURE ACT 2009

To: [name of applicant]

I NOTIFY YOU that after consideration of your application for *leave to

appeal/*review of refusal to certify under section 295(3) of the Criminal

Procedure Act 2009/*extension of time within which notice of appeal or

application for leave to appeal may be given/*bail/*stay of sentence has been

refused by [insert name of Judge] acting under section 315 of the Criminal

Procedure Act 2009.

If you wish to elect to have your application determined by the Court of

Appeal constituted by at least two judges, complete the enclosed election

form and return it to me within 10 DAYS after you receive this notification.

Date:

[Signed]


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


S.R. No.

157 17-033SR.S1-20/11/2017

Form 6–2DA—Notification to appellant

of single Judge's decision to grant leave

to appeal or refer application

to at least two Judges of Appeal

Rule 2.07(3)(a)


NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S

DECISION TO GRANT LEAVE TO APPEAL OR REFER

APPLICATION TO AT LEAST TWO JUDGES OF APPEAL

To: [name of appellant]

I NOTIFY YOU that after consideration of your application for leave to

appeal against *conviction/*sentence, the Court of Appeal constituted by a

single Judge of Appeal:

*has granted leave to appeal.

*has referred the application for leave to appeal to the Court of Appeal

comprising at least two Judges of Appeal.

The *appeal/*application for leave to appeal:

*is listed to be heard at [place] on [date and time].

*will be listed to be heard on a date and at a time which will be notified to

you.

Date:

[Signed by Registrar]

Note: If your application for leave to appeal has been referred, the following

notes apply:

1. The Court of Appeal comprising at least two Judges of Appeal may

treat an application for leave to appeal as the appeal itself.

2. Unless you request an oral hearing of the application for leave to

appeal, the Court of Appeal may determine the application for leave to

appeal on the basis of your grounds of appeal and accompanying

written case without an oral hearing.

3. You may, however, request an oral hearing by completing the

following section of this Form and return it to me within 10 DAYS

after you receive this notification. This request must be confirmed to

me in writing in accordance with any applicable practice direction.

Form 6–2DA—Notification to appellant of single Judge's decision to grant leave to

appeal or refer application to at least two Judges of Appeal


S.R. No.

158 17-033SR.S1-20/11/2017

ORAL HEARING OPTION



Solicitor

Myself




Date:




IMPORTANT NOTE:





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


S.R. No.

159 17-033SR.S1-20/11/2017

Form 6–2DB—Notification to appellant

of single Judge's decision to grant leave

to appeal on some grounds and

refuse leave on other grounds or to

refuse leave to appeal

Rule 2.07(3)(b)


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



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:


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


S.R. No.

160 17-033SR.S1-20/11/2017

ELECTION TO RENEW APPLICATION

I, [insert name of appellant] elect to renew my application for leave to appeal

against *conviction/*sentence to be determined by the Court of Appeal

comprising at least two Judges of Appeal.

Date:




NOTES:


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


ORAL HEARING OPTION



Solicitor

Myself




Date:




IMPORTANT NOTE:





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

application


S.R. No.

161 17-033SR.S1-20/11/2017

Form 6-2DC—Notification to appellant

of Court of Appeal decision

on renewed application

Rule 2.08(4)


NOTIFICATION TO APPELLANT OF COURT OF APPEAL

DECISION ON RENEWED APPLICATION



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.

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

application


S.R. No.

162 17-033SR.S1-20/11/2017

IMPORTANT NOTE:





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


S.R. No.

163 17-033SR.S1-20/11/2017

Form 6–2E—Application under section 304

of Criminal Procedure Act 2009

Rule 2.16


AT

BETWEEN A.B. Appellant

and

C.D. Respondent

APPLICATION UNDER SECTION 304 OF THE CRIMINAL

PROCEDURE ACT 2009 TO SHOW CAUSE WHY A

QUESTION OF LAW SHOULD NOT BE RESERVED FOR

DETERMINATION BY COURT OF APPEAL


I, [full name of applicant], APPLY to the Court of Appeal under section 304

of the Criminal Procedure Act 2009 for an order calling on the

*County Court/*Trial Division of the Supreme Court and the respondent to

show cause why the question of law specified below should not be reserved

for determination by the Court of Appeal.

The question of law is:

[set out specifically and concisely the question of law to which this

application relates].

The proceeding in which the question arose is:

Date:

[Signed by Applicant]

Form 6–2F—Notice of application for

leave to appeal against finding of unfitness to stand trial


S.R. No.

164 17-033SR.S1-20/11/2017


leave to appeal against finding

of unfitness to stand trial

Rule 2.18(1)


AT

The Queen

v.

A.B.


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).


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:







[insert details]




S.R. No.

165 17-033SR.S1-20/11/2017

PARTICULARS

1. Applicant's name:

2. Offence to which the finding against which it is sought to appeal

relates:

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

4. Trial Judge:

5. Date of finding:

6. Name and address of legal practitioner who represented applicant at

trial:

7. Name of counsel (if any) who represented applicant at trial:

8. State whether you wish to personally attend the hearing of this

proceeding:

9. State whether you wish to appear by audio visual link at the hearing of

this proceeding.

IMPORTANT NOTES:

1. Unless the Court directs otherwise, you may, if you wish, attend in

Court at the hearing of your application, or appear by audio visual link

if that is practicable. If you wish to do either of these things, you

should complete paragraphs 8 and 9 above accordingly or otherwise

notify the Registrar in writing of your wish.

2. If you wish the Court, on the hearing of your application, to consider

your case in writing without the presentation of oral argument, you

should inform the Registrar accordingly.

3. Your attention is drawn to the procedure that follows the filing of your

notice of application for leave to appeal.

Unless otherwise directed by the Registrar or the Court—

(a) within two months after filing the notice of application for

leave to appeal, you must file with the Registrar and serve on

the respondent a full statement of the grounds upon which you

intend to rely on appeal, if leave to appeal is given. This need

not follow the grounds stated in your notice of application for

leave to appeal, but in the new document the grounds must be

stated fully, precisely and in detail; and

(b) within one month after filing the full statement of grounds, you

must file with the Registrar and serve on the respondent an

outline of the submissions to be relied upon on the hearing of

your application.




S.R. No.

166 17-033SR.S1-20/11/2017

Failure to comply with these requirements may result in your

application standing dismissed. Any extension of time (if needed)

should be sought from the Registrar or the Court of Appeal under the

Act.

4. The Court may treat the hearing of this application as the hearing of

the appeal.

5. An application for leave to appeal may be abandoned at any time

before the day fixed for the hearing of the application by filing

with the Registrar a notice of abandonment in the appropriate form.


Form 6–2G—Notice of application

for leave to appeal against mental impairment verdict


S.R. No.

167 17-033SR.S1-20/11/2017


for leave to appeal against mental

impairment verdict

Rule 2.19(1)


AT

The Queen

v.

A.B.


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).


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:







[insert details]

PARTICULARS


2. Offence for which verdict of not guilty because of mental impairment

was recorded against which it is sought to appeal:

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




S.R. No.

168 17-033SR.S1-20/11/2017

4. Trial Judge:

5. Date of verdict:

6. Name and address of legal practitioner who represented applicant at

trial:

7. Name of counsel (if any) who represented applicant at trial:

8. State whether you wish to personally attend the hearing of this

proceeding:


this proceeding.

IMPORTANT NOTES:

1. Unless the Court directs otherwise, you may, if you wish, attend in

Court at the hearing of your application, or appear by audio visual link

if that is practicable. If you wish to do either of these things, you

should complete paragraphs 8 and 9 above accordingly or otherwise

notify the Registrar in writing of your wish.

2. If you wish the Court, on the hearing of your application, to consider

your case in writing without the presentation of oral argument, you

should inform the Registrar accordingly.

3. Your attention is drawn to the procedure that follows the filing of your

notice of application for leave to appeal.

Unless otherwise directed by the Registrar or the Court—

(a) within two months after filing the notice of application for

leave to appeal, you must file with the Registrar and serve on

the respondent a full statement of the grounds upon which you

intend to rely on appeal, if leave to appeal is given. This need

not follow the grounds stated in your notice of application for

leave to appeal, but in the new document the grounds must be

stated fully, precisely and in detail; and

(b) within one month after filing the full statement of grounds, you

must file with the Registrar and serve on the respondent an

outline of the submissions to be relied upon on the hearing of

your application.

Failure to comply with these requirements may result in your

application standing dismissed. Any extension of time (if needed)

should be sought from the Registrar or the Court of Appeal under the

Act.

4. The Court may treat the hearing of this application as the hearing of

the appeal.




S.R. No.

169 17-033SR.S1-20/11/2017

5. An application for leave to appeal may be abandoned at any time

before the day fixed for the hearing of the application by filing

with the Registrar a notice of abandonment in the appropriate form.


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

of application for leave to appeal


S.R. No.

170 17-033SR.S1-20/11/2017

Form 6–2H—Application for extension to

time to file/serve notice of appeal or notice


Rule 2.22


APPLICATION FOR EXTENSION OF TIME TO

*FILE/*SERVE NOTICE OF APPEAL OR NOTICE

OF APPLICATION TO APPEAL


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:


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



S.R. No.

171 17-033SR.S1-20/11/2017

IMPORTANT NOTE:

This notice must accompany the notice of appeal or notice of application for

leave to appeal.


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



S.R. No.

172 17-033SR.S1-20/11/2017

Form 6–2I—Notification to applicant of

Registrar's decision under section 313 of


Rule 2.23(3)(a)


NOTIFICATION TO APPLICANT OF REGISTRAR'S

DECISION UNDER SECTION 313 OF THE CRIMINAL

PROCEDURE ACT 2009

To: [name of applicant]

I NOTIFY YOU that after consideration of your application for extension of

time for *filing/*serving notice of appeal or notice of application for leave to

appeal your application has been refused.

If you wish to elect to have the refused application determined by the Court

of Appeal, complete the enclosed election form and return it to me within

10 DAYS after you receive this notification.

Date:

[Signed]


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


S.R. No.

173 17-033SR.S1-20/11/2017

Form 6–2J—Election to have extension of

time determined by Court of Appeal

Rule 2.24(1)


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.

Form 6–2K—Election to have application under section 315 of Criminal Procedure

Act 2009 determined by Court of Appeal


S.R. No.

174 17-033SR.S1-20/11/2017

Form 6–2K—Election to have application

under section 315 of Criminal Procedure

Act 2009 determined by Court of Appeal

Rule 2.25(2)


ELECTION TO HAVE APPLICATION UNDER

SECTION 315 OF THE CRIMINAL PROCEDURE

ACT 2009 DETERMINED BY COURT OF APPEAL


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.

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


S.R. No.

175 17-033SR.S1-20/11/2017

Form 6–2L—Recognizance of appellant

sentenced to pay fine and surety

Rule 2.29(2)

RECOGNIZANCE OF APPELLANT SENTENCED

TO PAY A FINE (AND SURETY)

1. [full name] of [address] was on [date] convicted of [offences]

and was sentenced to pay the sum of $ as a fine by the

*Supreme/*County Court; and

2. *He/*She has indicated a wish to appeal against the conviction on

*a question of law under section 272 of the Criminal Procedure

Act 2009; and

3. The Court considers that the appellant may instead of payment of the fine

be ordered to enter into a recognizance of bail for the sum of $ with

[number] sureties each for the sum of $ to prosecute the appeal

before the Court of Appeal.

[full name] of [address] acknowledges owing to the State of Victoria the sum

of $ to be satisfied by or out of the person's goods, chattels, lands and

tenements, if* he or *she breaches the condition(s) set out below.

Taken and acknowledged on [date] at the *Supreme Court/*County Court,

before [name of Judge].

[Signed]

Associate to Judge

The condition(s) of the recognizance are that if [full name] of [address]—

1. personally attends the Court of Appeal at every hearing of the appeal and

at its final determination and prosecutes the appeal and abides by the

judgment of the Court and not be absent from any hearing without leave

and pay to the Registrar of Criminal Appeals the sum of $ , or

such sum as the Court may order; and

2. [Insert any other conditions]

then this recognizance shall be void; but otherwise it shall be of full force and

effect.

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


S.R. No.

176 17-033SR.S1-20/11/2017

RECOGNIZANCE OF SURETY

On [date] [insert name(s) and address(es) of surety(ies)] personally

come before [name of Judge] and individually acknowledged themselves to

owe the State of Victoria [insert sum in respect of which surety is bound] to

be satisfied by or out of their respective goods, chattels, lands and tenements

if [name of appellant] now before the Court breaches the condition(s) set out

above.

Taken and acknowledged on [date] at the *Supreme Court/*County

Court before [name of Judge].

[Signed]

Associate to Judge


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


S.R. No.

177 17-033SR.S1-20/11/2017

Form 6–2M—Notification of result

of appeal or application

Rule 2.39(1)


NOTIFICATION OF RESULT OF APPEAL OR APPLICATION

In the case of R v. [name of appellant]

TAKE NOTICE that the Court of Appeal has considered—

* the appeal and has decided [complete appropriately];

* the application for—

* leave to appeal to the Court;

* extension of time for *filing/*serving notice of appeal or

application for leave to appeal;

* bail

and has decided [complete appropriately].

Date:

[Signed]

Registrar of Criminal Appeals


Form 6–2N—Notice of abandonment


S.R. No.

178 17-033SR.S1-20/11/2017

Form 6–2N—Notice of abandonment

Rule 2.40(1)


NOTICE OF ABANDONMENT


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]


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


S.R. No.

179 17-033SR.S1-20/11/2017

Form 6–2O—Appellant's application for

examination of further witnesses

Rule 2.44(2)


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

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


S.R. No.

180 17-033SR.S1-20/11/2017

Form 6–2P—Notice to witness to

attend before examiner

Rule 2.45(3)


NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER

To: [name of witness or person to whom notice is to be given]

The Court of Appeal has ordered that [name(s) of witness(es)] be examined

as *a witness/*witnesses upon the appeal of [name of appellant] and that

depositions are to be taken for the use of the Court.

You, [name of witness], are to attend at [place] at [time] on [date] to be

examined.

You must bring with you to the appeal any books, papers or other material

which you have received notice to produce.

Date:

[Signed]

Registrar of Criminal Appeals


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


S.R. No.

181 17-033SR.S1-20/11/2017

Form 6–2Q—Notice to prisoner

who wishes to appeal

Rule 2.53(2)

NOTICE TO PRISONER WHO WISHES TO APPEAL

1. If a person convicted in the Supreme Court or the County Court wishes

to appeal to the Court of Appeal against conviction under section 274

of the Criminal Procedure Act 2009, the person must file a notice of

application for leave to appeal against conviction in the prescribed form

with the Registrar of Criminal Appeals of the Supreme Court within

28 days after conviction and sentence.

2. The notice of application for leave to appeal must state specifically and

not merely in general terms the grounds upon which it is desired to

appeal.

3. A person who has been sentenced and who wishes to appeal against the

sentence under section 278 or 283 of the Criminal Procedure Act 2009

must file a notice of application for leave to appeal against sentence in the

prescribed form with the Registrar of Criminal Appeals of the Supreme

Court within 28 days after sentence.

4. Separate notices must be lodged for (a) an appeal against conviction

and (b) an appeal against sentence.

5. Under section 313 of the Criminal Procedure Act 2009 it is possible to

apply for an extension of these time limits.


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



Form 6–2R—Information for persons on whom sentence of imprisonment has been

imposed by County Court on appeal from Magistrates' Court


S.R. No.

182 17-033SR.S1-20/11/2017

Form 6–2R—Information for persons on

whom sentence of imprisonment has been

imposed by County Court on appeal from

Magistrates' Court

Rules 2.53, 2.54

INFORMATION FOR PERSONS UPON WHOM A

SENTENCE OF IMPRISONMENT HAS BEEN IMPOSED

BY THE COUNTY COURT UPON APPEAL FROM THE

MAGISTRATES' COURT IN SUBSTITUTION FOR OTHER

SENTENCE IMPOSED BY THE MAGISTRATES' COURT

1. If—

(a) a person has appealed to the County Court from the Magistrates'

Court against a conviction, a sentence or other order of the

Magistrates' Court; and

(b) the County Court has substituted on that person a sentence of

imprisonment instead of the sentence imposed by the Magistrates'

Court; and

(c) the sentence originally imposed by the Magistrates' Court was not a

sentence of imprisonment—

that person may apply to the Court of Appeal for leave to appeal to the

Court of Appeal under section 283 of the Criminal Procedure Act 2009

against the sentence imposed by the County Court.

2. If you wish to appeal against the sentence imposed by the County Court

then, within 28 days after that sentence has been imposed, you or your

legal practitioner must serve or cause to be served a NOTICE OF

APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE

UNDER SECTION 283 OF THE CRIMINAL PROCEDURE

ACT 2009 on each of—

(a) the informant; and

(b) the Director of Public Prosecutions—

and must file or cause to be filed a copy of the notice with the Registrar of

Criminal Appeals.

3. The notice must be in Form 6-2C. A copy of that Form must be given to

you with this notice.

Form 6–3A—Notice of application for leave

to appeal against interlocutory decision


S.R. No.

183 17-033SR.S1-20/11/2017



Rule 3.03(1)


AT

The Queen

v.

A.B.


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:


this proceeding.




S.R. No.

184 17-033SR.S1-20/11/2017

IMPORTANT NOTES:

1. Unless the Court directs otherwise, you may, if you wish, attend Court

at the hearing of your appeal, or appear by audio visual link if that is

practicable. If you wish to do either of these things, you should complete

paragraphs 7 and 8 above accordingly or otherwise notify the Registrar

in writing of your wish.

2. Any extension of time (if needed) should be sought from the Registrar

or the Court of Appeal under section 313 of the Criminal Procedure

Act 2009.

3. If you wish the Court, on the hearing of your appeal, to consider your

case in writing without the presentation of oral argument, you should

inform the Registrar accordingly.

4. An interlocutory appeal may be abandoned at any time before the

hearing of the appeal by filing with the Registrar a notice of

abandonment in the appropriate form.


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

295(3) of Criminal Procedure Act 2009


S.R. No.

185 17-033SR.S1-20/11/2017

Form 6–3B—Notice of application for review

of refusal to certify under section 295(3)

of Criminal Procedure Act 2009

Rule 3.04(1)


NOTICE OF APPLICATION FOR REVIEW OF REFUSAL

OF JUDGE TO CERTIFY UNDER SECTION 295(3)

OF CRIMINAL PROCEDURE ACT 2009


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:





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


S.R. No.

186 17-033SR.S1-20/11/2017

Form 6–3BA—Notice of appeal

and undertaking to proceed

Rule 3B.02

NOTICE OF APPEAL AND UNDERTAKING TO PROCEED

TO the Registrar of the Children's Court at:

TO the Prothonotary at:

AND TO the respondent [name]:

I WISH TO APPEAL against a decision of the Children's Court at [place] on

[date].

The details of the charges and sentences/order imposed were:

Charge Sentence/Order

I am appealing against:

*conviction and sentence

*sentence alone

The grounds of the appeal are:

[state specifically and concisely and not merely in general terms the grounds

of the application]

Date:



PARTICULARS

1. Name and address of the appellant:

2. Name and address of the respondent:


appeal:




7. Sentence:

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


S.R. No.

187 17-033SR.S1-20/11/2017


9. Name and address of legal practitioner who represented appellant at trial:


11. State whether you wish to—

(a) personally attend the hearing of this proceeding; or

(b) appear by audio visual link at the hearing of this proceeding.

UNDERTAKING TO PROCEED WITH APPEAL

I, [name]

of [address] undertake:

(a) to appear at the Supreme Court at a place and on a day to be fixed

by the Court and to appear for the duration of the appeal; and

(b) to notify the Prothonotary in writing without delay of any change

of address from that appearing in the notice of appeal.

Date:


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


S.R. No.

188 17-033SR.S1-20/11/2017

Form 6–3BB—Notice of Supreme

Court's decision on appeal

Rule 3B.05(1)

NOTICE OF SUPREME COURT'S DECISION ON APPEAL



Regarding an appeal against the order(s) recorded at the Children's Court at

[place] on [date] [specify order(s) the subject of the appeal]

Result of Appeal/Application

The result of the appeal is:

Offence/Type of Order Original

Sentence/Order

Decision on Appeal

The order was made by Justice [name of Judge] on [date].

Associate

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

Court


S.R. No.

189 17-033SR.S1-20/11/2017

Form 6–3BC—Notice of appeal by

DPP against sentence imposed

by Children's Court

Rule 3B.06

NOTICE OF APPEAL BY DPP AGAINST SENTENCE

IMPOSED BY CHILDREN'S COURT

TO: the Registrar of the Children's Court:

AND TO: the respondent

I, [full name], the DPP wish to appeal under section 427 of the Children,

Youth and Families Act 2005 against a sentence imposed by the Children's

Court in a summary proceeding in the Criminal Division of that Court.

TAKE NOTICE that I apply to the Trial Division of the Supreme Court to

appeal against the sentence imposed on [name of offender] of [address of

offender] on the ground(s) set out below:

The ground(s) of my appeal are: [state the general grounds of the appeal]

I am satisfied that the appeal should be brought in the public interest.

Date:

[Signed by or on

behalf of DPP]

PARTICULARS

1. Name of offender on whom sentence imposed:

2. Offence for which offender convicted and sentenced to which this

appeal relates:


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:

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

Families Act 2005


S.R. No.

190 17-033SR.S1-20/11/2017

Form 6–3BD—Notice of appeal by DPP

under section 429A of Children, Youth

and Families Act 2005

Rule 3B.07

NOTICE OF APPEAL BY DPP UNDER SECTION 429A

OF CHILDREN, YOUTH AND FAMILIES ACT 2005—

FAILURE TO FULFIL UNDERTAKING

TO: the Registrar of the Children's Court:


I, [full name], the DPP wish to appeal under section 429A of the Children,

Youth and Families Act 2005 against the sentence imposed by the

Children's Court on [name of offender] of [address].

TAKE NOTICE that I apply to the Supreme Court on the ground(s) set out

below:

The ground(s) of my appeal are that the offender was convicted of an

indictable offence that was heard and determined summarily by the

Children's Court and received a less severe sentence because of an

undertaking given to assist law enforcement authorities after sentence

and that person has failed to fulfil that undertaking.

[state the general grounds of the appeal]

Date:

[Signed by or on

behalf of DPP]

PARTICULARS



appeal relates:




6. Sentence:


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

Families Act 2005


S.R. No.

191 17-033SR.S1-20/11/2017

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

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

Date:

[Signed personally by DPP]

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

Youth and Families Act 2005


S.R. No.

192 17-033SR.S1-20/11/2017

Form 6–3BE—Notice of abandonment of

appeal under section 430C of Children,

Youth and Families Act 2005

Rule 3B.08(1)

NOTICE OF ABANDONMENT OF APPEAL UNDER

SECTION 430C OF THE CHILDREN, YOUTH AND

FAMILIES ACT 2005


AT


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:



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

conviction only


S.R. No.

193 17-033SR.S1-20/11/2017

Form 6–3BF—Written notice

of abandonment of appeal—

conviction only

Rule 3B.08(2)

WRITTEN NOTICE OF ABANDONMENT OF APPEAL—

CONVICTION ONLY—SECTION 430C(3) OF THE

CHILDREN, YOUTH AND FAMILIES ACT 2005


AT


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:



Form 6–3BG—Order striking out appeal


S.R. No.

194 17-033SR.S1-20/11/2017

Form 6–3BG—Order striking out appeal

Rule 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.

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


S.R. No.

195 17-033SR.S1-20/11/2017

Form 6–3BH—Application to set aside order

striking our appeal for failure to appear

Rule 3B.10

APPLICATION TO SET ASIDE ORDER STRIKING

OUT APPEAL FOR FAILURE TO APPEAR

Appeal No.:

TO The Prothonotary

AND TO the respondent [name] of [address]

An appeal was lodged against a decision of the Children's Court at [place]

on [date]

The Children's Court reference number is:

I APPLY for an order to set aside the order striking out my appeal for my

failure to appear made by the Supreme Court on [insert date of order].

The application is made on the ground that my failure to appear was not due

to fault or neglect on my part.

[Give details of reasons for non-appearance]

Date:


Notice of this application must be served on the respondent a reasonable time

before making of the application and in the same way as a notice of appeal—

section 430D(4) and (5) of the Children, Youth and Families Act 2005.

If the Supreme Court grants the application it must order the reinstatement

of the appeal subject to the payment of any costs that the Court thinks fit.

The Court may also require the appellant to give a further undertaking to

prosecute the appeal.

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

Listing of application:

This application is listed for hearing before the Supreme Court at [place] at

[time] a.m./p.m. on [date].

Date:

Prothonotary

Form 6–3BI—Notification of result of appeal


S.R. No.

196 17-033SR.S1-20/11/2017

Form 6–3BI—Notification of result of appeal

Rule 3B.12(1)

NOTIFICATION OF RESULT OF APPEAL UNDER

DIVISION 1 OR 2 OF PART 5.4 OF CHAPTER 5 OF THE

CHILDREN, YOUTH AND FAMILIES ACT 2005

In the case of R v. [name of appellant]

TAKE NOTICE that the Trial Division of the Supreme Court has considered

the appeal under *section 424/*section 427 of the Children, Youth and

Families Act 2005 and has decided [complete appropriately].

Date:

[Signed]

Prothonotary


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


S.R. No.

197 17-033SR.S1-20/11/2017

Form 6–3CA—Notice of appeal by child

against finding of unfitness to be tried

Rule 3C.02

IN THE MATTER of an appeal by [name], a child, under section 38U(1) of

the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

NOTICE OF APPEAL BY A CHILD AGAINST

FINDING OF UNFITNESS TO BE TRIED




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:


proceeding in the Children's Court:

6. Name of counsel (if any) who represented appellant at proceeding in

the Children's Court:

*7. I intend to personally attend the hearing of the appeal.

*7. I intend to appear by audio visual link at the appeal.

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


S.R. No.

198 17-033SR.S1-20/11/2017

ACCOMPANYING AFFIDAVIT

Filed with this notice of appeal is an affidavit in support and the requisite

exhibits in accordance with Rule 3C.07 of Chapter VI of the Supreme Court

Rules.

The Children's Court must transmit this notice and the accompanying

affidavit and exhibits to the Prothonotary of the Supreme Court.

The appellant must serve a copy of this notice and a copy of the

accompanying affidavit and copies of the exhibits on the respondent

in accordance with section 392 of the Criminal Procedure Act 2009

within 7 days after the day on which this notice is filed.


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

mental impairment


S.R. No.

199 17-033SR.S1-20/11/2017

Form 6–3CB—Notice of appeal by child

against finding of not guilty because

of mental impairment

Rule 3C.03

IN THE MATTER of an appeal by [name], a child, under section 38ZE(1) of


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









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

mental impairment


S.R. No.

200 17-033SR.S1-20/11/2017






Rules.








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


S.R. No.

201 17-033SR.S1-20/11/2017

Form 6–3CC—Notice of appeal by DPP

against order for unconditional release

Rule 3C.04

IN THE MATTER of an appeal by the DPP under section 38ZF(1) of the

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

NOTICE OF APPEAL BY DPP AGAINST AN ORDER

FOR UNCONDITIONAL RELEASE



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:


PARTICULARS


2. Name and address of respondent child:






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


S.R. No.

202 17-033SR.S1-20/11/2017




Rules.








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


S.R. No.

203 17-033SR.S1-20/11/2017

Form 6–3CD—Notice of appeal by

child against supervision order

Rule 3C.05

IN THE MATTER of an appeal by [name], a child, under section 38ZJ(1) of


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











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


S.R. No.

204 17-033SR.S1-20/11/2017




Rules.








Form 6–3CE—Notice of appeal by DPP/Attorney-General/Secretary to Department of

Health and Human Services against supervision order


S.R. No.

205 17-033SR.S1-20/11/2017

Form 6–3CE—Notice of appeal by

DPP/Attorney-General/Secretary to

Department of Health and Human

Services against supervision order

Rule 3C.06

IN THE MATTER of an appeal under section 38ZJ(2) of the Crimes

(Mental Impairment and Unfitness to be Tried) Act 1997

NOTICE OF APPEAL BY *DPP/*ATTORNEY-

GENERAL/*SECRETARY TO THE DEPARTMENT

OF HEALTH AND HUMAN SERVICES

AGAINST SUPERVISION ORDER



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


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 personally

by *DPP/*Attorney-

General/*Secretary

to the Department

of Health and

Human Services]

Form 6–3CE—Notice of appeal by DPP/Attorney-General/Secretary to Department of

Health and Human Services against supervision order


S.R. No.

206 17-033SR.S1-20/11/2017

PARTICULARS


2. Name and address of respondent child:









Rules.




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.


Form 6–3DA—Notice of appeal


S.R. No.

207 17-033SR.S1-20/11/2017


Rule 3D.03(1)

NOTICE OF APPEAL

MAGISTRATES' COURT CASE No.

SUPREME COURT CASE No.

IN THE MATTER OF

THIS FORM IS FILED ON BEHALF OF:

ADDRESS:

CONTACT DETAILS

[If represented, please complete the legal practitioner details below]

Contact No.:

Email address:

Address for service:

*I have legal representation [complete below]

*I do not have legal representation

Firm: Practitioner's name:

Solicitor Code: Ref.:

TO the Prothonotary of the Supreme Court at: [place]

AND TO the Respondent: [name]

Address for Respondent:

I appeal under section 254 of the Criminal Procedure Act 2009 against a

decision made by the Magistrates' Court constituted by the Chief Magistrate

who is a dual commission holder at [place] on [date].

The details of the offences and Sentence/Order imposed are:

Offence Sentence/Order

I am appealing against:

*Conviction and sentence

*Sentence alone



S.R. No.

208 17-033SR.S1-20/11/2017

STATEMENT REGARDING POWER TO IMPOSE

A MORE SEVERE SENTENCE

I am aware that on my appeal the Supreme Court may impose a more severe

sentence than the one imposed by the Magistrates' Court.

Date:


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



S.R. No.

209 17-033SR.S1-20/11/2017

(c) by sending a copy of the document by fax or email addressed to the

informant at the fax number or email address nominated by the

informant under section 18 of that Act; or

(d) by leaving a copy of the document for the informant at the informant's

business address with a person who appears to work there; or

(e) in any other manner agreed between the informant and the party

serving the document.

ABANDONING AN APPEAL

If you decide to abandon your appeal against both conviction and sentence,

you must file in the Supreme Court a notice of abandonment of appeal in the

form required by the Supreme Court (Criminal Procedure) Rules.

If you decide to abandon your appeal against conviction but pursue your

appeal against sentence alone you must file in the Supreme Court a written

notice of abandonment of appeal in the form required by the Supreme Court

(Criminal Procedure) Rules.

You should contact the office of the Prothonotary of the Supreme Court for

further information.

FAILURE TO APPEAR AT AN APPEAL

If you fail to appear at the appeal hearing the Supreme Court may strike out

your appeal or adjourn the proceedings on any terms the Court thinks

appropriate.

COSTS OF AN APPEAL

If the Supreme Court strikes out or dismisses your appeal, it may order you to

pay all or a specified portion of the respondent's costs if it is satisfied that the

appeal was brought vexatiously or frivolously or in abuse of process.

APPLICATION FOR LEAVE TO APPEAL

If your notice of appeal has been filed more than 28 days after you were

sentenced, your appeal is deemed to be an application for leave to appeal.

The Supreme Court will consider your application prior to an appeal

hearing commencing. If your application is granted, the Supreme Court

may continue to hear your appeal on that day or adjourn the matter to a

future date.



S.R. No.

210 17-033SR.S1-20/11/2017

LEGAL ASSISTANCE

If you wish to make application for legal assistance you must make

application in writing to Victoria Legal Aid (1300 792 387). See also the

website at www.legalaid.vic.gov.au. The staff of the Magistrates' Court or

the staff of the Supreme Court can advise you of the address of the nearest

Victoria Legal Aid office. Such application must be made immediately

because it may take some time to process. You should take all necessary

steps promptly so that, if you are granted legal aid, there will be enough

time for advice to be given to you by your lawyer about the appeal.


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

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

proposed appellant


S.R. No.

211 17-033SR.S1-20/11/2017

Form 6–3DB—Notice under section 255(6)

of Criminal Procedure Act 2009 for

proposed appellant

Rule 3D.03(3)

NOTICE UNDER SECTION 255(6) OF THE CRIMINAL

PROCEDURE ACT 2009 FOR PROPOSED APPELLANT

To the proposed Appellant:

TAKE NOTICE that in relation to your proposed appeal to the Supreme

Court from the decision of the Magistrates' Court constituted by the Chief

Magistrate who is a dual commission holder, the Supreme Court may impose

a sentence which is more severe than the one imposed by the Magistrates'

Court.

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


S.R. No.

212 17-033SR.S1-20/11/2017

Form 6–3DC—Notice of appeal

under section 257 of Criminal

Procedure Act 2009

Rule 3D.04(1)



NOTICE OF APPEAL UNDER SECTION 257 OF THE

CRIMINAL PROCEDURE ACT 2009 BY DPP AGAINST

SENTENCE IMPOSED BY MAGISTRATES' COURT

CONSTITUTED BY CHIEF MAGISTRATE WHO

IS A DUAL COMMISSION HOLDER

To the Registrar of the Magistrates' Court:

I, [full name], the Director of Public Prosecutions for Victoria ("the DPP"),

being satisfied that the appeal should be brought in the public interest, appeal

under section 257 of the Criminal Procedure Act 2009 against a sentence

imposed by the Magistrates' Court constituted by the Chief Magistrate who

is a dual commission holder on [name of offender] of [address].

The general grounds of appeal are:

[state the general grounds of the appeal]

Date:

[Signed by or on behalf of DPP]

PARTICULARS



appeal relates:


4. Chief Magistrate:


6. Sentence:


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


S.R. No.

213 17-033SR.S1-20/11/2017

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

summary proceeding:

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

proceeding:

HEARING OF APPEAL

The Prothonotary of the Supreme Court will fix the date and place for the

hearing of this appeal and will, a reasonable time before the hearing, notify

the date and place of the hearing, in writing, to each party and to each legal

practitioner who has given notice that they act on behalf of a party.

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


S.R. No.

214 17-033SR.S1-20/11/2017

Form 6–3DD—Notice of appeal


Procedure Act 2009

Rule 3D.04(3)



NOTICE OF APPEAL UNDER SECTION 260 OF THE

CRIMINAL PROCEDURE ACT 2009 BY DPP AGAINST

SENTENCE IMPOSED BY MAGISTRATES' COURT

CONSTITUTED BY CHIEF MAGISTRATE WHO IS

A DUAL COMMISSION HOLDER

To the Registrar of the Magistrates' Court:

I, [full name], the Director of Public Prosecutions for Victoria ("the DPP"),

appeal under section 260 of the Criminal Procedure Act 2009 against a

sentence imposed by the Magistrate's Court constituted by the Chief

Magistrate who is a dual commission holder on [name of offender] of

[address]. The respondent was convicted of an indictable offence that was

heard and determined summarily by the Magistrates' Court. The sentence

imposed on the respondent was less severe because of an undertaking given

by the respondent to assist, after sentencing, law enforcement authorities in

the investigation or prosecution of an offence. I consider that respondent

has failed, wholly or partly, to fulfil the undertaking.

Date:


PARTICULARS



appeal relates:


4. Chief Magistrate:


6. Sentence:


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


S.R. No.

215 17-033SR.S1-20/11/2017

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

summary proceeding:

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

proceeding:

HEARING OF APPEAL


hearing of this appeal and will, a reasonable time before the hearing, notify

the date and place of the hearing, in writing, to each party and to each legal

practitioner who has given notice that they act on behalf of a party.

Form 6–3DE—Notice of abandonment of appeal


S.R. No.

216 17-033SR.S1-20/11/2017

Form 6–3DE—Notice of

abandonment of appeal

Rule 3D.06

IN THE SUPREME COURT CASE No.

OF VICTORIA

AT

IN THE MATTER OF

NOTICE OF ABANDONMENT OF APPEAL


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

Form 6–3DE—Notice of abandonment of appeal


S.R. No.

217 17-033SR.S1-20/11/2017

I acknowledge that as a result of filing this form, my appeal will be struck out

and the sentence of the Magistrates' Court will be reinstated and that it may

be enforced immediately.

Date:




conviction only


S.R. No.

218 17-033SR.S1-20/11/2017

Form 6–3DF—Written notice

of abandonment of appeal—

conviction only

Rule 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].



conviction only


S.R. No.

219 17-033SR.S1-20/11/2017

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

appeal against sentence.

Date:



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


S.R. No.

220 17-033SR.S1-20/11/2017

Form 6–3DG—Application to set aside order

striking out appeal for failure to appear

Rule 3D.08(1)


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

appeal for the failure of the appellant to appear at the Supreme Court at the

time listed for the hearing of the appeal.

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


S.R. No.

221 17-033SR.S1-20/11/2017

Reasons for application

The application is made on the grounds that the failure to appear was not due

to fault or neglect on the part of the appellant. The appellant's reasons are:

[give details]

I understand that notice of this application must be served on the respondent

a reasonable time before the hearing of the application and that under

section 392 of the Criminal Procedure Act 2009, the notice must be served:

(a) by giving a copy of the document to—

(i) the informant; or

(ii) a person representing the informant at a hearing in relation to

the charge; or

(b) by sending a copy of the document by prepaid ordinary post addressed

to the informant at the business address nominated by the informant

under section 18 of that Act; or

(c) by sending a copy of the document by fax or email addressed to the

informant at the fax number or email address nominated by the

informant under section 18 of that Act; or

(d) by leaving a copy of the document for the informant at the informant's

business address with a person who appears to work there; or

(e) in any other manner agreed between the informant and the party

serving the document.

I also understand that the filing of this application does not stay the

original sentence.

Date:

[Signature of Applicant/

Applicant's Legal Practitioner]

HEARING OF APPLICATION


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.


Form 6–3DH—Result of appeal form


S.R. No.

222 17-033SR.S1-20/11/2017

Form 6–3DH—Result of appeal form

Rule 3D.09(1)


OF VICTORIA

AT

IN THE MATTER OF

APPELLANT RESPONDENT

RESULT OF APPEAL FORM


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]


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


S.R. No.

223 17-033SR.S1-20/11/2017

Form 6–4A—Notice to accused


Procedure Act 2009

Rule 4.03


AT

The Queen

v.

[name of accused]

NOTICE TO ACCUSED UNDER SECTION 171 OF

THE CRIMINAL PROCEDURE ACT 2009

The Director of Public Prosecutions does not have any notice that you are

represented by a legal practitioner in relation to the charges set out in the

copy of the indictment which accompanies this notice.

You should seek legal representation as soon as possible and you have the

right, if eligible, to legal aid under the Legal Aid Act 1978.

You should take this notice and the indictment to your legal practitioner or

to Victoria Legal Aid without delay.

If you wish to be legally aided in this matter, your legal practitioner or

Victoria Legal Aid will be able to assist in your application for legal aid.

Victoria Legal Aid can be contacted at [insert contact details].

Form 6–4B—Notice that legal practitioner acts


S.R. No.

224 17-033SR.S1-20/11/2017

Form 6–4B—Notice that legal

practitioner acts

Rules 4.04, 4.05


AT

The Queen

v.

[name of accused]

NOTICE THAT LEGAL PRACTITIONER ACTS

Date of committal for trial: [if any]

Committed for trial on: [charges on which accused committed]

Date of indictment: [if any]

Charges indicated by indictment:

TAKE NOTICE that the legal practitioner (or firm) indicated below acts for

the accused [name(s)] in this matter.

Date:

[Signed]

Name of legal practitioner (or firm):

Address of legal practitioner (or firm):

Telephone number:

Name of person handling matter:

Present address of accused:

NOTES

1. This notice must be sent to the DPP and to the Judicial Registrar-

Criminal Division as soon as possible after a legal practitioner

(other than a barrister) commences to act for an accused.

2. This notice must be filed with the Prothonotary after a copy of an

indictment has been served.

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


S.R. No.

225 17-033SR.S1-20/11/2017

Form 6–4C—Notice that legal

practitioner has ceased to act

Rules 4.04, 4.05

[heading as in Form 6–4B]

NOTICE THAT LEGAL PRACTITIONER

HAS CEASED TO ACT

Date of committal for trial: [if any]

Committed for trial on: [charges on which accused committed]

Date of indictment: [if any]

Charges indicated by indictment:

TAKE NOTICE that the legal practitioner (or firm) indicated below has

ceased to act for the accused [name(s)] in this matter.

Filed:

[Signed]

NOTES

1. This notice must be served on—

the DPP, and

the Judicial Registrar-Criminal Division, and

the former client—

as soon as possible after a legal practitioner (other than a barrister) has

ceased to act for an accused.

2. As soon as possible after ceasing to act for an accused, the legal

practitioner must return—

to the Judicial Registrar-Criminal Division, the copy

depositions in relation to the matter;

to the DPP, all materials provided by the DPP in relation to the

matter.

3. If a Notice under Rule 4.05(1) has been filed with the Prothonotary,

this notice must be filed with the Prothonotary as soon as possible

after a legal practitioner ceases to act for an accused.


S.R. No.

226 17-033SR.S1-20/11/2017

Note

There is no Form 6–4D

Form 6–4E—Notice of alibi


S.R. No.

227 17-033SR.S1-20/11/2017

Form 6–4E—Notice of alibi

Rule 4.11


AT

The Queen

v.

[name of accused]

NOTICE OF ALIBI

I, [name and address of accused], give notice of alibi in accordance with

section 190 of the Criminal Procedure Act 2009.

1. Particulars as to time and place of alibi: [insert details]

2. Name and last known address of any witness to the alibi: [insert names

and addresses of witnesses to alibi]

3. *[If name and last address of any witness to the alibi is not known] the

following information might be of material assistance in finding the

witness [insert details].

Date:

[Signature of Accused]


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

indictment


S.R. No.

228 17-033SR.S1-20/11/2017

Form 6–4F—Notice of intention to

plead guilty to one or more remaining

charges in indictment

Rule 4.13


AT

The Queen

v.

[name of accused]

NOTICE OF INTENTION TO PLEAD GUILTY TO ONE OR

MORE REMAINING CHARGES IN INDICTMENT

I, [name and address of accused], give notice of my intention to plead guilty

to one or more remaining charges in the indictment in accordance with

section 216(1)(b) of the Criminal Procedure Act 2009.

1. Details of indictment: [insert details]

2. I have already pleaded guilty to one or more of the charges in the

indictment.

3. The remaining charges in the indictment to which I intend to plead guilty

are:

[specify each of the remaining charges in the indictment to which you

intend to plead guilty]

Date:

[Signature of Accused]

Form 6–4G—Summons


S.R. No.

229 17-033SR.S1-20/11/2017

Form 6–4G—Summons

Rule 4.14(1)


AT

INDICTMENT No.:

SUMMONS

To the accused:

Address of accused:

Date of birth of accused:

Male Female

Details of case

A direct indictment has been filed against you in relation to the following

charges:

A copy of the indictment is attached to this summons.

The indictment was filed at the Supreme Court on [date].

Date:

[Signature of DPP/

Crown Prosecutor]

Listing of case

You must attend at the Supreme Court at [place] on [date] at [time] a.m./p.m.

Address of Court:

Court contact number:

Details about this summons

Issued at [place]

On [date]

[Signature of Judge]

Form 6–4H—Warrant to arrest


S.R. No.

230 17-033SR.S1-20/11/2017


Rule 4.14(2)


AT

INDICTMENT No.:

WARRANT TO ARREST

To the accused:

Address of accused:

Date of birth of accused:

Male Female

Details of case

A direct indictment has been filed against you in relation to the following

charges:

A copy of the indictment is attached to this warrant.

The indictment was filed at the Supreme Court on [date].

Date:

[Signature of DPP/

Crown Prosecutor]

Warrant to arrest

To all police officers or [insert name of police officer to whom warrant is

directed or name of any other person authorised by law to execute a warrant

to arrest].

You are authorised to break, enter and search any place where the person

named in this warrant is suspected to be, to arrest that person and bring that

person before the Court as soon as practicable to be dealt with according to

law.

I am satisfied by the evidence before me that a warrant should be issued on

the following grounds:

*it is probable the person will not answer a summons

*the person has absconded or is likely to abscond

*the person is avoiding the service of a summons

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



S.R. No.

231 17-033SR.S1-20/11/2017

Details about this warrant

Issued at [place]

On [date]



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


S.R. No.

232 17-033SR.S1-20/11/2017

Form 6–5A—Application for instalment

order and other orders

Rule 5.03(1)


AT

A.B.

and

C.D.

APPLICATION FOR *INSTALMENT ORDER

*TIME TO PAY ORDER

*VARIATION OF

INSTALMENT ORDER OR

TIME TO PAY ORDER

*FINE CONVERSION ORDER

1. I, [full name], of [address] [occupation] apply to the

proper officer of the Court at for—

*an order that the fine be paid by instalments.

*an order that time be allowed for payment of the fine.

*an order for the variation of the terms of an instalment order or a time

to pay order.

*an order to perform unpaid community work (a fine conversion order).

2. On I was ordered to pay a fine.

3. The Court ordered that I pay $ in fines and costs.

4. I *was/*was not present when the order was made.

5. The Court ordered that the fines and costs be paid—

*by / /20 .

*by instalments of $ to be paid on the day of each

*week/*fortnight/*month.

*did not make any order about payment.

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


S.R. No.

233 17-033SR.S1-20/11/2017

6. I have made the following payments under the order—

[set out details of payments made].

7. *I now want to pay the money I owe—

*by [date]

*by instalments of $ on the day of each *week/*fortnight/

*month starting on [date].

[or where application is for a fine conversion order]

*I now apply for a fine conversion order requiring me to perform

unpaid community work as directed by the Secretary (as defined in the

Sentencing Act 1991) instead of paying the fine. I agree to comply with

such an order.

8. At present I receive $ each week after tax has been deducted.

9. My weekly expenses are $ .

10. This leaves me with $ .

Date: [Signed by Applicant]


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


S.R. No.

234 17-033SR.S1-20/11/2017

Form 6–5B—Notice about procedure

for enforcement of fines

Rule 5.07(1)

NOTICE ABOUT THE PROCEDURE FOR

ENFORCEMENT OF FINES

A warrant to arrest has been issued to the Sheriff for non-payment of the

fine(s) imposed against you in the Supreme Court. A summary of the fine(s)

and the total amount still outstanding is attached.

You may obtain further details of the penalties from the Court. To do so, you

must supply the Court reference which is also on the attached summary.

YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS

MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO

OBTAIN:

AN INSTALMENT ORDER; OR

A TIME TO PAY ORDER; OR

A FINE DEFAULT UNPAID COMMUNITY WORK ORDER

UNDER SECTION 69D OF THE SENTENCING ACT 1991

[see below].

Payment must be made to the Prothonotary, [insert address].

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

IF YOU CANNOT PAY

You may apply to the proper officer of the Court for an order that the fine be

paid by instalments, or an order that you be allowed time to pay the fine.

If you do not pay the fine and do not make an application to the proper

officer, you may apply under section 69D of the Sentencing Act 1991 to the

Court for an order requiring you to perform unpaid community work instead

of paying the fine (a fine default unpaid community work order). Under such

an order, you would be required to perform one hour of unpaid work for

each 0·2 penalty units or part of 0·2 penalty units of each fine outstanding.

A minimum of 8 hours work as directed by the Secretary (as defined in the

Sentencing Act 1991) would have to be performed, irrespective of the

amount outstanding, up to a maximum of 500 hours.

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

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


S.R. No.

235 17-033SR.S1-20/11/2017

IF YOU DO NOT PAY OR TAKE ANY ACTION

If you do not take any action, you will be arrested and brought before the

Court. If the Court is satisfied that you have defaulted in payment for more

than 28 days, it may—

* if you consent, make a fine default unpaid community work order

requiring you to perform unpaid community work as directed by the

Secretary for one hour for each 0·2 penalty units or part of 0·2 penalty

units then remaining unpaid with a minimum of 8 and a maximum of

500 hours; or

* order that you be imprisoned for one day for each penalty unit or part of a

penalty unit then remaining unpaid with a maximum of 24 months; or

* order that the amount of the fine then unpaid be levied under a warrant to

seize property; or

* vary any existing order for payment of the fine by instalments; or

* adjourn the hearing or further hearing of the matter for up to 6 months on

any terms that the Court thinks fit; and

* in addition, make any other order it thinks fit against you in relation to

costs.

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


S.R. No.

236 17-033SR.S1-20/11/2017


Rule 5.07(2)

SUMMONS FOR FAILURE TO PAY A FINE


AT

A.B.

and

C.D.

TO Ref. No.

of

Date of birth / /

1. On you were found guilty of an offence and the Court

ordered you to pay the following amount(s):

Act/section

Fine

Statutory

Costs

Costs/Other

amount(s)

Paid

Unpaid

$ $ $ $ $

TOTAL AMOUNT NOW PAYABLE $

2. The Court records show that you have not paid the above amount payable

and a warrant to seize your property to recover that amount has been

returned unsatisfied.

3. YOU ARE DIRECTED TO APPEAR BEFORE THE COURT AT

at a.m./p.m. ON , 20 TO BE

EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE

AMOUNT(S).

Issued at on

Prothonotary



S.R. No.

237 17-033SR.S1-20/11/2017

NOTES

1. If you pay the above amount to the Prothonotary on or before the date

for hearing of this summons, you will not be required to appear at Court.

If you do not pay before the hearing of this summons, the Court may

order you to pay additional costs.

2. Payments may be made personally or posted to the Prothonotary.

You must quote the Court reference at the top of this summons.

3. If you do not pay the amount due or appear at Court as directed by

this summons, a warrant for your arrest may be issued.

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


S.R. No.

238 17-033SR.S1-20/11/2017

Form 6–5F—Notice about procedure for

enforcement of fine (bodies corporate)

Rule 5.08

NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT

OF A FINE (BODIES CORPORATE)

A warrant to seize property owned by the body corporate has been issued

to satisfy the amount of a fine or instalment under an instalment order

imposed on the body corporate by the Supreme Court, and all lawful costs

of execution. The attached document sets out a summary of the details and

the total amount outstanding. You may obtain further details of the penalty

from the Court. To do so, you must supply the Court reference which is

also on the attached summary.

THE BODY CORPORATE HAS 7 DAYS FROM THE DATE ON WHICH

THIS DEMAND IS MADE TO PAY THE AMOUNT OUTSTANDING

OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER

(see below). Payment must be made to the Prothonotary, [insert address].

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

IF THE BODY CORPORATE CANNOT PAY

It may apply to the proper officer of the Court for an order that the fine be

paid by instalments or for an order that the body corporate be allowed time

to pay the fine.

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

IF THE BODY CORPORATE DOES NOT PAY OR TAKE ANY ACTION

If the body corporate does not pay or take any action, the Sheriff is required

to seize and sell property belonging to the body corporate to satisfy the

amount outstanding.

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


S.R. No.

239 17-033SR.S1-20/11/2017

Form 6–5G—Summons—Application under

section 28 of Sheriff Act 2009

Rule 5.09(1)

SUMMONS—APPLICATION UNDER SECTION 28

OF THE SHERIFF ACT 2009


AT

TO:

THE SHERIFF:

And [name and address of third party who paid amount under executed

money warrant to which this application relates]

You are summoned to attend before the Court on the hearing of an

application under section 28 of the Sheriff Act 2009 by [name and address

of applicant] for the reinstatement of an executed money warrant as a money

warrant.

The application relates to the following executed money warrant:

[specify details]

If you are the third party who paid the whole of the amount payable under the

executed money warrant to which this application relates, you may attend but

are not required to attend.

The application will be heard before the Judge in the Practice Court, Supreme

Court, 210 William Street, Melbourne, on [insert date] at [insert time] or so

soon afterwards as the business of the Court allows.

FILED [date].

This summons was filed by [identify applicant or applicant's legal

representative].

Form 6–6A—Application for restraining order


S.R. No.

240 17-033SR.S1-20/11/2017

Form 6–6A—Application for

restraining order

Rules 6.06(1) and 6.08(2)


AT

IN THE MATTER of the *Confiscation Act 1997

and

IN THE MATTER of *an accused, XY [name in full]

and

IN THE MATTER of an Application by AB [name in full] Applicant

APPLICATION UNDER SECTION [INSERT RELEVANT

PROVISION OF SECTION 16 OF CONFISCATION

ACT 1997] FOR RESTRAINING ORDER

TO: the Prothonotary of the Supreme Court of Victoria

[name of the person making the application]

("the Applicant")

APPLIES under

* section *16(1)/*16(2) of the Confiscation Act 1997 ("the Confiscation

Act") FOR A RESTRAINING ORDER in respect of property in which

the said XY has an interest or which is tainted property within the

meaning of the Confiscation Act.

* section 16(2A) of the Confiscation Act 1997 FOR A SERIOUS DRUG

OFFENCE RESTRAINING ORDER in respect of property where—

* a police officer or a person authorised by or under an Act to

prosecute the relevant type of offence believes that—

(i) within the next 48 hours a person will be charged with a

serious drug offence; and

(ii) that person has an interest in the property.

* a person has been charged with a serious drug offence and that

person has an interest in the property.

* a person has been convicted of a serious drug offence and that

person has an interest in the property.



S.R. No.

241 17-033SR.S1-20/11/2017

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

PARTICULARS OF APPLICATION

1. THE JURISDICTION to make the order(s) sought arises because—

* XY has been charged with

* within the next 48 hours, XY will be charged with

* XY has been convicted of

* a police officer or an authorised person believes that within the

next 48 hours XY will be charged with

[state offence and, if relevant, details of conviction]

and that offence is—

* a Schedule 1 offence within the meaning of the Confiscation Act

* a Schedule 2 offence within the meaning of the Confiscation Act

* a serious drug offence within the meaning of the Confiscation Act.

2. THE APPLICANT is—

* the Director of Public Prosecutions

* a prescribed person

* a person belonging to a prescribed class of persons, namely

[identify class].

3. THE APPLICATION IS IN RESPECT OF the following property or

interest in property—

[describe the property or interest in detail]

4. THE GROUNDS on which this application is made are as follows—

[set out in detail the grounds of the application]

5. THE PURPOSE OF THE ORDER SOUGHT is so that the property or

interest in property the subject of the order will be available—

* to satisfy any forfeiture order that may be made under Division 1

of Part 3 of the Confiscation Act

* to satisfy automatic forfeiture of property that may occur under

Division 2 of Part 3 of the Confiscation Act

* to satisfy automatic forfeiture of property that may occur under

Division 4 of Part 3 of the Confiscation Act



S.R. No.

242 17-033SR.S1-20/11/2017

* to satisfy any pecuniary penalty order that may be made under

Part 8 of the Confiscation Act

* to satisfy any order for restitution or compensation that may be

made under the Sentencing Act 1991.

THE APPLICANT RELIES upon the affidavit(s) made by [name of

deponent(s)] filed in support of this application *and served with it [delete if

application is made ex parte].

Date:


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]

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


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


S.R. No.

243 17-033SR.S1-20/11/2017

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



("the Applicant")

APPLIES under section 36K of the Confiscation Act 1997

("the Confiscation Act") FOR A CIVIL FORFEITURE RESTRAINING

ORDER in respect of property that a police officer or a person authorised

by or under an Act to prosecute the relevant type of offence suspects on

reasonable grounds is tainted property.



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.



* a prescribed person

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


S.R. No.

244 17-033SR.S1-20/11/2017

* a person belonging to a prescribed class of persons, namely

[identify class]







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:




Street, Melbourne, on [date] *at [time].



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


S.R. No.

245 17-033SR.S1-20/11/2017

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



("the Applicant")

APPLIES under section *40F(1)/*40F(2) of the Confiscation Act 1997

("the Confiscation Act") FOR AN UNEXPLAINED WEALTH

RESTRAINING ORDER in respect of property.




police officer suspects on reasonable grounds—

* in accordance with section 40F(1) of the Confiscation Act, that—

(a) a person has engaged in serious criminal activity; and

(b) that person has an interest in the property that is the subject

of the application; and

(c) in the case of property located outside Victoria—that serious

criminal activity occurred within Victoria; and

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

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


S.R. No.

246 17-033SR.S1-20/11/2017

* in accordance with section 40F(2) of the Confiscation Act, that—

(a) the property was not lawfully acquired; and

(b) either—

(i) the property is located in Victoria; or

(ii) the person who has acquired the property is ordinarily

resident in Victoria.



* an appropriate officer within the meaning of the Confiscation Act







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:




Street, Melbourne, on [date] at [time].





S.R. No.

247 17-033SR.S1-20/11/2017


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:




S.R. No.

248 17-033SR.S1-20/11/2017

NOTE: If a restraining order, a civil forfeiture restraining order or

an unexplained wealth restraining order is made under the

Confiscation Act 1997 then in certain events the property

or interest in property in respect of which the order is made

may be taken by the State and any interest you have in that

property may be lost.


Form 6–6C—Application for exclusion order


S.R. No.

249 17-033SR.S1-20/11/2017


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]



S.R. No.

250 17-033SR.S1-20/11/2017


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:




S.R. No.

251 17-033SR.S1-20/11/2017



Street, Melbourne, on [date] at [time or occasion].


NOTES FOR THE PERSON(S) ON WHOM THIS APPLICATION IS

SERVED


application, but your absence on that occasion will not prevent the

Court from making an order.






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.


Form 6–6D—Application for further orders


S.R. No.

252 17-033SR.S1-20/11/2017


Rule 6.09(2)

[heading as in Form 6–6C]

APPLICATION UNDER *SECTION 26/

*SECTION 36W/*SECTION 40W

FOR FURTHER ORDERS


served]



("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 relates OR the person to whose property the *restraining


order relates OR otherwise as specified in section 26(2), 36W(3)

or 40W(3) of the Confiscation Act 1997]



S.R. No.

253 17-033SR.S1-20/11/2017

3. THE APPLICATION IS IN RESPECT of the following property or


[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



Date:







SERVED













Form 6–6E—Application for forfeiture order


S.R. No.

254 17-033SR.S1-20/11/2017


Rule 6.09(3)


APPLICATION UNDER SECTION 32

FOR FORFEITURE ORDER


served]



("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


the property

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



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—



S.R. No.

255 17-033SR.S1-20/11/2017

* before the end of the relevant period (as defined by the

Confiscation Act) in relation to the conviction

* after the end of the relevant period (as so defined), but the

Applicant will seek the leave of the Court to make this

application out of time

6. HAS ANY PREVIOUS APPLICATION been made under section 32(1)

of the Confiscation Act in relation to the same conviction?

* No such application has been made

* Such an application was made on [date] but that application has

not been finally determined

* Such an application was made on [date] and has been finally

determined, but the Applicant will seek the leave of the Court

to make this further application




Date:







SERVED













Form 6–6F—Application for civil forfeiture order


S.R. No.

256 17-033SR.S1-20/11/2017

Form 6–6F—Application for

civil forfeiture order

Rule 6.09(4)


APPLICATION UNDER SECTION 37 FOR

CIVIL FORFEITURE ORDER


served]



("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]




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

Form 6–6F—Application for civil forfeiture order


S.R. No.

257 17-033SR.S1-20/11/2017

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

force

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



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:







SERVED













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

order


S.R. No.

258 17-033SR.S1-20/11/2017

Form 6–6FA—Application for section 40B

exclusion order or section 40ZD

exclusion order

Rule 6.09(5)


APPLICATION UNDER SECTION *40A/*40ZC OF THE

CONFISCATION ACT 1997 FOR *SECTION 40B EXCLUSION

ORDER/*SECTION 40ZD EXCLUSION ORDER


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.

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

order


S.R. No.

259 17-033SR.S1-20/11/2017

3. THE RESPONDENT(S) to this application *is/*are—

* the applicant for the *civil forfeiture order/*unexplained wealth

restraining order.

* a person who the Applicant has reason to believe had an interest in

the property immediately before it was forfeited.

* a person prescribed for the purposes of section 44(1) of the Act.






Date:







SERVED





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.


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


S.R. No.

260 17-033SR.S1-20/11/2017

Form 6–6G—Application for relief

for undue hardship

Rule 6.09(6)


APPLICATION UNDER SECTION *45/*45B

FOR RELIEF FROM UNDUE HARDSHIP


served]



("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.

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


S.R. No.

261 17-033SR.S1-20/11/2017

* [in the case of an application under section 45B] unexplained

wealth forfeiture has occurred under section 40ZA.

2. THE APPLICANT *is/*is not a person under the age of 18 years.

3. THE RESPONDENT to this application—

(a) [in the case of an application under section 45] *was/*is

the applicant for the *forfeiture order/*civil forfeiture order

*made/*sought in respect of XY;

(b) [in the case of an application under section 45B] *was/*is

the applicant for the unexplained wealth restraining order

*made/*sought in respect of XY.


[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:







SERVED













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

drug offender


S.R. No.

262 17-033SR.S1-20/11/2017

Form 6–6GA—Application for relief

from automatic forfeiture of property

of serious drug offender

Rule 6.09(7)


APPLICATION UNDER SECTION 45A FOR RELIEF

FROM AUTOMATIC FORFEITURE OF PROPERTY

OF SERIOUS DRUG OFFENDER


served]



("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:


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

drug offender


S.R. No.

263 17-033SR.S1-20/11/2017






SERVED













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


S.R. No.

264 17-033SR.S1-20/11/2017

Form 6–6H—Application under Part 6 of

Confiscation Act 1997 for exclusion order

Rule 6.09(8)


APPLICATION UNDER PART 6 OF THE CONFISCATION

ACT 1997 FOR EXCLUSION ORDER


served]



("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]




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.

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


S.R. No.

265 17-033SR.S1-20/11/2017


* the applicant for the forfeiture order

* [in the case of an application under section 51 or 53] the Director

of Public Prosecutions


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:







SERVED













Form 6–6J—Application for pecuniary penalty order


S.R. No.

266 17-033SR.S1-20/11/2017

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:


Form 6–6J—Application for pecuniary penalty order


S.R. No.

267 17-033SR.S1-20/11/2017






SERVED














S.R. No.

268 17-033SR.S1-20/11/2017

Note

There is no Form 6–6K.

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


S.R. No.

269 17-033SR.S1-20/11/2017

Form 6–6L—Application under specified

section of Confiscation Act 1997

Rule 6.09(10)


APPLICATION TO BE MADE UNDER SECTION

[INSERT NUMBER] OF THE CONFISCATION ACT 1997


served]



("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]




[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:


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


S.R. No.

270 17-033SR.S1-20/11/2017






SERVED













Form 6–6LA—Notice of contest of application


S.R. No.

271 17-033SR.S1-20/11/2017

Form 6–6LA—Notice of contest

of application

Rule 6.11

[Heading as Form 6–6C]

NOTICE OF CONTEST OF APPLICATION

TO: [full name and address of applicant]

TAKE NOTICE THAT [full name of the person intending to contest the

application] INTENDS TO CONTEST the application in this proceeding.

THE GROUNDS on which this application is to be contested are as

follows—

[set out in detail the grounds on which the application is to be contested]

1.

2.

3.

THE ADDRESS FOR SERVICE of the person intending to contest the

application is: [insert address]

[If the person is legally represented] The name or firm and the business

address within Victoria of the solicitor for [full name of person] is:

Date:

[Signed]

Form 6–6M—Notice of restraining order


S.R. No.

272 17-033SR.S1-20/11/2017


Rule 6.13(2)


IMPORTANT NOTICE

TO: [name and address of person being served with copy of restraining

order]

Enclosed is a copy of *a restraining order/*a serious drug offence restraining

order/*an unexplained wealth restraining order made by the Supreme Court

of Victoria on [date] in relation to the property of XY.

The restraining order was made under the Confiscation Act 1997. The Act

provides for the automatic forfeiture of property that is the subject of the

restraining order unless an application is made to the Court for an exclusion

order.

[For a restraining order that is not an unexplained wealth restraining order

or a serious drug offence restraining order]

*An application may be made under section 20 of the Act for an exclusion

order under section 22 of the Act. Section 20 provides that the application

must be made within 30 days after the service of this notice. That period

may be extended by a court if the property has not already been forfeited.

[For a serious drug offence restraining order]

*An application may be made under section 20 of the Act for an exclusion

order under section 22A of the Act. Section 20 provides that the application

must be made within 30 days after the service of this notice. That period

may be extended by a court if the property has not already been forfeited.

[For an unexplained wealth restraining order]

*An application may be made under section 40R of the Act for a section 40S

exclusion order. Section 40R provides that the application must be made

within 90 days after service of this notice. That period may be extended by

a court if the property has not already been forfeited.

The Act also provides for applications to be made, in certain circumstances

and within certain limited periods, for exclusion, discharge or other relief in

respect of property after the property has been forfeited or has been made the

subject of an application for forfeiture.

The circumstances in which the Court may make an exclusion order

excluding property (including any interest in property) from the operation

of a restraining order are set out in the Act.



S.R. No.

273 17-033SR.S1-20/11/2017

IF YOU WISH TO MAKE AN APPLICATION FOR AN EXCLUSION

ORDER, YOU MUST ACT PROMPTLY. YOU ARE STRONGLY

ADVISED TO SEEK LEGAL ADVICE.

Date:

[Signed]


Form 6–6N—Notice of discharge of forfeiture


S.R. No.

274 17-033SR.S1-20/11/2017


Rule 6.14(1)

IN THE SUPREME COURT OF VICTORIA Proceeding No.

AT

IN THE MATTER OF THE Confiscation Act 1997

and

IN THE MATTER of an accused, XY [name in full]

NOTICE OF DISCHARGE OF FORFEITURE

TO: [name and address of person(s) to whom this notice is to be given]

TAKE NOTICE that—

* a forfeiture order which was made by the Supreme Court of

Victoria on [date] under Division 1 of Part 3 of the Confiscation

Act 1997 has been discharged under section 46 of the Act

* the automatic forfeiture of property under Division 2

or Division 4 of Part 3 of the Confiscation Act 1997 has been

discharged under section 47 of the Act

* a civil forfeiture order made by the Supreme Court of Victoria

on [date] under Part 4 of the Confiscation Act 1997 has been

discharged under section 48 of the Act

* the forfeiture under section 40ZA of the Confiscation Act 1997

of property the subject of an unexplained wealth restraining

order has been discharged under section 48A of the Act

otherwise than by payment in accordance with section 56 or 57 of the Act.

THIS NOTICE is given by—

* [in the case of a forfeiture order or a civil forfeiture order,] the

person on whose application the order was made

* [in the case of automatic forfeiture,] the Director of Public

Prosecutions

THIS NOTICE is given to you as—

* a person who the person giving this notice has reason to believe

may have had an interest in the property immediately before it

was forfeited



S.R. No.

275 17-033SR.S1-20/11/2017

* a person to whom notice of the application for the civil forfeiture

order was given under Part 4 of the Act

* a person to whom, or as one within a class of persons to whom,

the [name] Court has required that notice be given

If you claim to have had an interest in the property immediately before

it was forfeited, you may make an application to the Minister under

section 55 of the Act for the return of the property or its value.

Date:

[Signed]


Form 6–6O—Application for monitoring order


S.R. No.

276 17-033SR.S1-20/11/2017

Form 6–6O—Application for

monitoring order

Rule 6.07


AT


and


APPLICATION UNDER SECTION 115 OF

THE CONFISCATION ACT 1997 FOR

MONITORING ORDER



("the Applicant")

APPLIES under section 115 of the Confiscation Act 1997

("the Confiscation Act") FOR A MONITORING ORDER directing a

financial institution to give to [insert details of law enforcement agency]

information in respect of transactions conducted through an account held

by [specify details of account].




* 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]



Form 6–6O—Application for monitoring order


S.R. No.

277 17-033SR.S1-20/11/2017

* THE APPLICANT RELIES upon the affidavit(s) made by [name of

deponent(s)] filed in support of this application.

Date:




Street, Melbourne, on [date] at *at [time]/*after sentence.



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

for restraining order


S.R. No.

278 17-033SR.S1-20/11/2017

Form 6–6P—Application under Proceeds

of Crime Act 2002 of the Commonwealth


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 ORDER



("the Applicant")

APPLIES under section *17/*18/*19/*20 of the Proceeds of Crime Act 2002

of the Commonwealth ("the Commonwealth Act") FOR A RESTRAINING

ORDER in respect of property which may be the subject of a restraining

order under that Act [insert relevant details].




* XY has been charged with

* it is proposed that XY will be charged with

* XY has been convicted of an indictable offence within the

meaning of the Commonwealth Act




S.R. No.

279 17-033SR.S1-20/11/2017

[insert relevant details].

* there are reasonable grounds to suspect that XY has committed a

serious offence within the meaning of the Commonwealth Act


* 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:





S.R. No.

280 17-033SR.S1-20/11/2017






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

for unexplained wealth restraining order


S.R. No.

281 17-033SR.S1-20/11/2017

Form 6–6Q—Application under Proceeds of

Crime Act 2002 of the Commonwealth for

unexplained wealth restraining order

Rule 6.19(2)


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



("the Applicant")

APPLIES under section 20A of the Proceeds of Crime Act 2002 of the

Commonwealth ("the Commonwealth Act") FOR AN UNEXPLAINED

WEALTH RESTRAINING ORDER in respect of property which may

be the subject of an unexplained wealth restraining order under that Act




1. THE JURISDICTION to make the order(s) sought arises because:

there are reasonable grounds to suspect that XY's total wealth within the

meaning of the Commonwealth Act exceeds the value of XY's wealth

that was lawfully acquired; and

there are reasonable grounds to suspect *the following/*both of the

following:

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

for unexplained wealth restraining order


S.R. No.

282 17-033SR.S1-20/11/2017

* that XY has committed an offence against a law of the

Commonwealth, a foreign indictable offence or a State

offence that has a federal aspect within the meaning of

the Commonwealth Act [insert relevant details];

* that the whole or any part of XY's wealth was derived from

an offence against a law of the Commonwealth, a foreign

indictable offence or a State offence that has a federal aspect

within the meaning of the Commonwealth Act [insert relevant

details].

2. THE APPLICANT is:

* the Commonwealth Director of Public Prosecutions.

* the Commissioner of the Australian Federal Police.









Date:







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

for monitoring order


S.R. No.

283 17-033SR.S1-20/11/2017

Form 6–6R—Application under Proceeds

of Crime Act 2002 of the Commonwealth


Rule 6.20


AT


and


APPLICATION UNDER SECTION 219 OF THE


COMMONWEALTH FOR MONITORING ORDER



("the Applicant")

APPLIES under section 219 of the Proceeds of Crime Act 2002 of the

Commonwealth ("the Commonwealth Act") FOR A MONITORING

ORDER directing a financial institution to give to [insert details of

enforcement agency] information in respect of transactions conducted during

a particular period through an account held by [specify details of account].



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:


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



S.R. No.

284 17-033SR.S1-20/11/2017






Form 6–6S—Notice of contest of application


S.R. No.

285 17-033SR.S1-20/11/2017

Form 6–6S—Notice of contest of application

Rule 6.22

[heading as Form 6–6P]

NOTICE OF CONTEST OF APPLICATION UNDER


COMMONWEALTH

TO: [full name and address of applicant]

TAKE NOTICE THAT [full name of the person intending to contest the

application] INTENDS TO CONTEST the application in this proceeding.

THE GROUNDS on which this application is to be contested are as

follows—

[set out in detail the grounds on which the application is to be contested]

1.

2.

3.

THE ADDRESS FOR SERVICE of the person intending to contest the

application is: [insert address]

[If the person is legally represented] The name or firm and the business

address within Victoria of the solicitor for [full name of person] is:

Date:

[Signed]

Form 6–7A—Application for warrant


S.R. No.

286 17-033SR.S1-20/11/2017


Rule 7.03(1)


AT

IN THE MATTER of the Surveillance Devices Act 1999

and

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

device

APPLICATION FOR WARRANT

I, *[name of law enforcement officer], [rank/position of officer] of

[organisation to which officer belongs] at [name of station/address of

premises at which officer works]/*[name of applicant] being a person

acting on behalf of a law enforcement officer [insert name and rank of

law enforcement officer on whose behalf this application is made and

name of station/address of premises at which the law enforcement

officer works] apply for the issue of a warrant authorising the use of—

*a listening device;

*an optical surveillance device;

*a data surveillance device;

*a tracking device.

THE MAKING OF THIS APPLICATION has been approved by:

*a senior officer of the law enforcement agency for which *the applicant

works/*the law enforcement officer on whose behalf the application is made

works [specify name and rank of senior officer and name of law enforcement

agency]

OR

*an authorised police officer as defined in the Act [specify name and rank of

police officer authorised by the Chief Commissioner under section 3(2) of the

Act].

I *SUSPECT/*BELIEVE that—

(a) the following offence [insert details of offence]

*has been/*is being/*is about to be/*is likely to be committed; and



S.R. No.

287 17-033SR.S1-20/11/2017

(b) that for the purpose of—

* an investigation into that offence;

* enabling evidence or information to be obtained of the commission

of that offence;

* enabling evidence or information to be obtained of the identity or

location of the offender—

the use of the surveillance device(s) is or will be necessary.

*THIS APPLICATION is made in reliance upon the acts, facts, matters

and circumstances set out and deposed to in the affidavit of [insert name

of deponent] made on [date of affidavit] in support of this application.

OR

*I BELIEVE THAT the immediate use of the surveillance device(s) is

necessary for a purpose referred to in paragraph (b). It was impracticable

for an affidavit to be prepared or sworn before this application was made for

the following reasons: [insert reasons]. I undertake to send an affidavit to

the Judge constituting the Court not later than the day following the making

of this application, whether or not a warrant has been issued.

Date:



Form 6–7B—Application for retrieval warrant


S.R. No.

288 17-033SR.S1-20/11/2017

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 WARRANT

I, *[name of law enforcement officer], [rank/position of officer] 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.





agency]

OR



Act].

Form 6–7B—Application for retrieval warrant


S.R. No.

289 17-033SR.S1-20/11/2017

THIS APPLICATION is made in reliance upon the acts, facts, matters and

circumstances set out and deposed to in the affidavit of [insert name of

deponent] made on [date of affidavit] in support of this application.

OR

*I believe that the immediate retrieval of the surveillance device(s) is

necessary. It was impracticable for an affidavit to be prepared or sworn

before this application was made for the following reasons: [insert reasons].

I undertake to send an affidavit to the Judge constituting the Court not later

than the day following the making of this application, whether or not a

warrant has been issued.

Date:



Form 6–7C—Application for assistance order


S.R. No.

290 17-033SR.S1-20/11/2017

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 ORDER

I, [name of law enforcement officer], [rank/position of officer] 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].





agency]

OR



Act].

Form 6–7C—Application for assistance order


S.R. No.

291 17-033SR.S1-20/11/2017




Date:



Form 6–7D—Surveillance device warrant


S.R. No.

292 17-033SR.S1-20/11/2017


Rule 7.05


AT


And

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

device

SURVEILLANCE DEVICE WARRANT

THIS SURVEILLANCE DEVICE WARRANT is issued under the

Surveillance Devices Act 1999 ("the Act") by Justice [insert name of

Judge], a Judge of the Supreme Court of Victoria, upon the application

dated [insert date] of *[name of law enforcement officer making the

application for the warrant], [rank/position of officer], of [organisation

to which officer belongs] at [name of station/address of premises at which

officer works]/*[name of applicant] being a person acting on behalf of a

law enforcement officer ("the applicant").

*THE APPLICATION was supported by the following affidavit or affidavits

setting out the grounds on which the warrant was sought: [insert name of

deponent and date of the affidavit or each affidavit relied upon].

THE JUDGE IS SATISFIED OF THE MATTERS REFERRED TO IN

SECTION 17(1) OF THE ACT AND IN PARTICULAR—

(a) that there are reasonable grounds for the applicant's suspecting or

believing—

(i) that the offence specified below *has been/*is being/*is about to

be/*is likely to be committed; and

(ii) that the use of the surveillance device(s) specified below is or

will be necessary for the purpose of an investigation into that

offence or of enabling evidence or information to be obtained

of the commission of that offence or of the identity or location

of the offender(s); and

*(b) (in the case of an unsworn application as defined in the Act) that it

would have been impracticable for an affidavit to have been made

before the application was made; and



S.R. No.

293 17-033SR.S1-20/11/2017

*(c) (in the case of a remote application as defined in the Act) that it would

have been impracticable for the applicant to have applied in person for

the warrant.

IN DETERMINING WHETHER the warrant should be issued the Judge has

had regard to the several matters referred to in section 17(2) of the Act.

MATTERS SPECIFIED FOR THE PURPOSES OF

SECTIONS 18 AND 19 OF THE ACT

NAME OF APPLICANT

[insert name of applicant]

ALLEGED OFFENCE

The alleged offence in respect of which this warrant is issued is

[specify alleged offence].

DATE OF WARRANT

[insert date]

KIND OF SURVEILLANCE DEVICE

This warrant authorises the use of the following kinds of surveillance

device:




*a 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]



S.R. No.

294 17-033SR.S1-20/11/2017

*CONCEALMENT

This warrant authorises the doing of anything reasonably necessary to

conceal the fact that anything has been done in relation to the installation,

maintenance or retrieval of a surveillance device or enhancement equipment

under the warrant.

PERIOD OF WARRANT

The period for which this warrant is in force begins on [insert date (and time,

if applicable)] and ends on [insert date (and time, if applicable)], both

inclusive.

OFFICER PRIMARILY RESPONSIBLE FOR EXECUTION OF

WARRANT

The name of the law enforcement officer primarily responsible for executing

this warrant is [insert the name of law enforcement officer].

*CONDITIONS OF WARRANT

This warrant is subject to the following conditions: [insert any conditions

subject to which premises may be entered, or a surveillance device may be

used, under the warrant].

TIME FOR REPORT

The *applicant or the *law enforcement officer primarily responsible for

executing this warrant must report under section 30K of the Act to the Judge

who issued this warrant on or before [insert date and time].


[Name of Judge]


Form 6–7E—Retrieval warrant


S.R. No.

295 17-033SR.S1-20/11/2017


Rule 7.06


AT


and

IN THE MATTER of an application for a retrieval warrant

RETRIEVAL WARRANT

THIS RETRIEVAL WARRANT is issued under the Surveillance Devices

Act 1999 ("the Act") by Justice [insert name of Judge] a Judge of the

Supreme Court of Victoria, upon the application dated [insert date] of

*[name of law enforcement officer making the application for the warrant],

[rank/position of officer], of [organisation to which officer belongs] at

[name of station/address of premises at which officer works]/*[name of

applicant] being a person acting on behalf of a law enforcement officer

("the applicant").



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.



S.R. No.

296 17-033SR.S1-20/11/2017

MATTERS SPECIFIED FOR THE PURPOSES OF

SECTIONS 20F AND 20G OF THE ACT

NAME OF APPLICANT

[insert name of applicant]

DATE OF WARRANT

[insert date]

KIND OF SURVEILLANCE DEVICE AUTHORISED TO BE

RETRIEVED

This warrant authorises the retrieval of the following kinds of surveillance

device that were lawfully *installed on premises/*in or on an object or class

of object under a warrant:




*a 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



S.R. No.

297 17-033SR.S1-20/11/2017

3. if the device or equipment is installed on or in an object, the

temporary removal of the object from any place where it is

situated for the purpose of the retrieval of the device and

equipment and the return of the object to that place; and

4. the provision of assistance or technical expertise to the law

enforcement officer primarily responsible for executing the

warrant in the retrieval of the device or equipment.

*CONCEALMENT

This warrant authorises the doing of anything reasonably necessary to

conceal the fact that anything has been done in relation to the retrieval

of a surveillance device or enhancement equipment under the warrant.

PERIOD OF WARRANT (NOT EXCEEDING 90 DAYS)

The period for which this warrant is in force begins on [insert date (and time

if applicable)] and ends on [insert date (and time if applicable)], both

inclusive.

OFFICER PRIMARILY RESPONSIBLE FOR EXECUTION OF

WARRANT

The law enforcement officer primarily responsible for executing this warrant

is [insert the name of law enforcement officer primarily responsible for

executing this warrant].

*CONDITIONS OF WARRANT

This warrant is subject to the following conditions: [insert any conditions

subject to which the premises may be entered or devices may be retrieved

under the warrant].

TIME FOR REPORT

The *applicant or the *law enforcement officer primarily responsible for

executing this warrant person must report under section 30K of the Act to

the Judge who issued this warrant on or before [insert date and time].


[Name of Judge]


Form 6–7F—Assistance order


S.R. No.

298 17-033SR.S1-20/11/2017

Form 6–7F—Assistance order

Rule 7.07(1)



and

IN THE MATTER of an application for an assistance order

ASSISTANCE ORDER

THE COURT ORDERS THAT:

1. [insert name and address of person(s)] assist in the execution of

[describe or otherwise identify warrant] by [insert details of the kind

of assistance that the person must give] in the following manner:

[insert details of the manner in which the assistance must be given].

*2. The following conditions apply: [insert any conditions subject to

which the order is made]

INFORMATION FOR PERSON(S) DIRECTED TO ASSIST

This order has effect only during the period in which the warrant described

above is in force. The warrant is in force from [date (and time, if applicable)

warrant starts/started] to [date (and time, if applicable) warrant is to end].

Sections 23 and 24 of the Surveillance Devices Act 1999 provide as follows:

[insert copy of sections 23 and 24 of the Surveillance Devices Act 1999]

Date:



Form 6–7G—Endorsement of assistance order


S.R. No.

299 17-033SR.S1-20/11/2017

Form 6–7G—Endorsement

of assistance order

Rule 7.07(3)

ENDORSEMENT OF ASSISTANCE ORDER

On [insert date] in the Supreme Court of Victoria, the Honourable

[insert name of Judge] made an assistance order under section 22 of

the Surveillance Devices Act 1999.

The order was that [set out paragraph 1 of the order]. *The following

conditions applied [set out paragraph 2 of the order].


Form 6–9A—Application


S.R. No.

300 17-033SR.S1-20/11/2017

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.

APPLICATION

I, [name ], being the Chief Commissioner of Police for Victoria

APPLY, pursuant to section 6 of the Witness Protection Act 1991, for an

order authorizing [name of police officer], [rank of police officer] of Police

of [name of station or address of premises at which police officer works] to

make a new entry in the register of births or register of marriages maintained

under Part 7 of the Births, Deaths and Marriages Registration Act 1996 in

respect of [name of participant or name of participant and specified members

of the family of the participant].

Date:

[Signed]

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

Provisions) Act 1958


S.R. No.

301 17-033SR.S1-20/11/2017

Form 6–10A—Notice of application under

section 42L of Evidence (Miscellaneous

Provisions) Act 1958

Rule 10.03

NOTICE OF APPLICATION UNDER SECTION 42L OF THE

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958


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]

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


S.R. No.

302 17-033SR.S1-20/11/2017

Form 6–10B—Notice of application for

audio visual link appearance

Rules 10.04, 10.05

and 10.06

NOTICE OF APPLICATION FOR AUDIO VISUAL LINK

APPEARANCE UNDER SECTION 42M, 42N OR 42P OF THE

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958


AT

The Queen

v.

[name of accused]

PART 1—PARTICULARS OF APPLICATION

TAKE NOTICE that the applicant, [name of applicant], intends to apply to

the Court for a direction that the accused appear before it by audio visual

link.

1. Type of hearing [insert details].

2. Date of hearing [insert details].

3. The grounds on which this application is made are—[set out

grounds].

4. Is this application being made with the consent of the parties to

the proceeding?

5. If the answer to question 4 is No, what parties have not given

consent?

6. If the accused is in custody, do facilities exist for an audio visual

link?

Date:

[Signature]

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


S.R. No.

303 17-033SR.S1-20/11/2017

PART 2—PARTICULARS OF HEARING

[to be completed by the Prothonotary]

The application will be heard before the Judge in the Practice Court, Supreme

Court, William Street, Melbourne, on [date] at [time] or so soon afterwards

as the business of the Court allows.

FILED:

Form 6–11A—Application for covert search warrant


S.R. No.

304 17-033SR.S1-20/11/2017

Form 6–11A—Application for covert

search warrant

Rule 11.03


AT

IN THE MATTER of Part 2 of the Terrorism (Community Protection)

Act 2003

and

IN THE MATTER of an application for a covert search warrant.

APPLICATION FOR COVERT SEARCH WARRANT

I, [name], [rank/position], police officer of [name of station or address of

premises at which police officer works] with the approval of *the Chief

Commissioner/*a Deputy Commissioner *an Assistant Commissioner apply

under Part 2 of the Terrorism (Community Protection) Act 2003 for the

issue of a covert search warrant in respect of premises at: [insert address or

location of any premises sought to be entered and searched].

I *suspect/*believe on reasonable grounds that—

(a) a terrorist act has been, is being, or is likely to be, committed; and

(b) the entry and search of the premises would substantially assist in

preventing or responding to that terrorist act or suspected terrorist act;

and

(c) it is necessary for that entry and search to be conducted without the

knowledge of any occupier of the premises.

THIS APPLICATION is made on the following grounds [insert grounds]

*I RELY upon the acts, facts, matters and circumstances set out in the

affidavit of [insert name of deponent] made on [date of affidavit] in support

of this application.

OR

*THIS APPLICATION is made in urgent circumstances and I consider it

necessary to apply for the immediate issue of a covert search warrant by

telephone. I rely upon the unsworn affidavit of [name] that was transmitted

to the Court by facsimile on [date].



Form 6–11B—Covert search warrant


S.R. No.

305 17-033SR.S1-20/11/2017


Rule 11.05


AT

IN THE MATTER of Part 2 of the Terrorism (Community Protection)

Act 2003

and

IN THE MATTER of an application for a covert search warrant

COVERT SEARCH WARRANT

THIS WARRANT is issued under Part 2 of the Terrorism (Community

Protection) Act 2003 ("the Act") by the Supreme Court of Victoria upon

the application of [name of police officer making the application for the

warrant], ("the applicant") [rank/position of police officer], at [name of

station/address of premises at which police officer works].

THIS WARRANT relates to premises at [insert address or location of any

premises sought to be entered and searched] ("the premises") and to premises

at [insert address] which adjoin or provide access to the premises.



deponent and date of each affidavit relied upon by the applicant] and

THE COURT WAS SATISFIED that there were reasonable grounds for

the suspicion or belief founding the application for the warrant.

THIS WARRANT is issued for the purpose of assisting in the prevention

of, or response to the following terrorist act or suspected terrorist act

[insert description].

THIS WARRANT is in force for [insert a number not to exceed 30] days

from the date of issue and authorises the applicant [and, if relevant, name

of or a description of any other person] to enter the premises *once

only/*[insert number] times.

*The names of the occupiers of the premises are *known as [insert names]/

*not known.

*The following is the name or description of the kind of thing to be searched

for, seized, copied, photographed, recorded, operated, printed, tested or

sampled [set out name or description etc.].

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

conditions].



S.R. No.

306 17-033SR.S1-20/11/2017

THIS WARRANT AUTHORISES the applicant, together with [name of or a

description of any other person] and with any necessary equipment to enter,

by force or impersonation if necessary—

(a) the premises at [insert address];

*(b) and the premises at [address] adjoining or providing access to those

premises—

for the following purposes—

*(i) to search the premises for [name or description of kind of thing];

*(ii) to seize [name or description of kind of thing];

*(iii) to place any thing of that kind on the premises in substitution for a

thing seized under paragraph (ii);

*(iv) to copy, photograph or otherwise record a [description of kind of

thing];

*(v) to operate any electronic equipment that is on the premises and copy,

print or otherwise record information from that equipment;

*(vi) to test, or take and keep a sample of [description of kind of thing].

Date of issue:



Form 6–12A—Application for supervision order


S.R. No.

307 17-033SR.S1-20/11/2017


supervision order

Rule 12.03(1)


AT

IN THE MATTER of the Serious Sex Offenders (Detention and

Supervision) Act 2009

and

IN THE MATTER of an application under section 7 of that Act for a

supervision order.

BETWEEN

The Secretary to the Department of

Justice and Regulation

Applicant

and

C.D. Respondent

APPLICATION FOR SUPERVISION ORDER

The Secretary to the Department of Justice and Regulation applies under

section 7 of the Serious Sex Offenders (Detention and Supervision)

Act 2009 ("the Act") for a supervision order in respect of C.D. [name of

offender] who is an eligible offender within the meaning of the Act.

THIS APPLICATION is made upon the grounds that C.D. poses an

unacceptable risk of committing a relevant offence if a supervision order is

not made and C.D. is in the community.

THE PARTICULARS of the relevant offence as defined in the Act in respect

of which a custodial sentence as defined in the Act was imposed on C.D. are:

[insert particulars].

THE PARTICULARS of the custodial sentence as defined in the Act which

was imposed on C.D. and which the offender *is currently/*was serving are:


*C.D. is currently remanded in custody, or is serving a custodial sentence, in

a prison in respect of an offence and:

*is subject to a supervision order, a detention order or an interim order; or

Form 6–12A—Application for supervision order


S.R. No.

308 17-033SR.S1-20/11/2017

*was subject to a supervision order or a detention order or an interim order

at the time that C.D. was remanded or commenced serving a sentence of

imprisonment for the offence; or

*was an eligible offender who was the subject of an application for a

supervision order or a detention order at the time C.D. was remanded

or commenced serving a sentence of imprisonment for the offence.

*C.D. is currently subject to a detention order or an interim order:

[insert details]

THE GROUNDS on which it is contended that C.D. poses an unacceptable

risk of committing a relevant offence if a supervision order is not made and

C.D. is in the community are: [specify grounds]

THE PERIOD sought for the duration of the supervision order is:

[insert period, not exceeding 15 years]

*THE CONDITIONS sought in respect of the supervision order, in addition

to the core conditions set out in section 16 of the Act, are: [insert proposed

conditions in accordance with Division 3 of Part 2 of the Act]

THE FOLLOWING are attached:

*assessment report [identify report]

*progress report [identify report]

*other report made to the Court [identify report]

*other report filed with the application [identify report]

*certificate of available resources

Date:

[Signed]

for and on behalf

of the Secretary to the

Department of Justice

and Regulation


Form 6–12B—Application for renewal of supervision order


S.R. No.

309 17-033SR.S1-20/11/2017

Form 6–12B—Application for renewal

of supervision order

Rule 12.03(2)


AT



and

IN THE MATTER of an application under section 28 of that Act for renewal

of a supervision order.

BETWEEN

The Secretary to the

Department of Justice and Regulation

Applicant

and

C.D. Respondent

APPLICATION FOR RENEWAL OF SUPERVISION ORDER



Act 2009 ("the Act") for the renewal of the supervision order in respect

of C.D. [name of offender] who is an eligible offender within the meaning

of the Act.


unacceptable risk of committing a relevant 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]

Form 6–12B—Application for renewal of supervision order


S.R. No.

310 17-033SR.S1-20/11/2017


risk of committing a relevant offence if a renewed supervision order is not

made and C.D. is in the community are: [specify grounds]

THE PERIOD sought for the duration of the renewed supervision order is:


*THE CONDITIONS sought in respect of the renewed supervision order,

in addition to the core conditions set out in section 16 of the Act, are:

[insert proposed conditions in accordance with Division 3 of Part 2 of

the Act]







Date:

[Signed]

for and on behalf



and Regulation


Form 6–12C—Supervision order


S.R. No.

311 17-033SR.S1-20/11/2017


Rule 12.04


SUPERVISION ORDER

JUDGE:

DATE MADE:


HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person

entitled to attend and, if attending, whether by counsel or legal practitioner]

OTHER MATTERS:

THE COURT IS SATISFIED that the eligible offender C.D.

[name of offender] poses an unacceptable risk of committing

a relevant offence as defined in the Serious Sex Offenders

(Detention and Supervision) Act 2009 ("the Act") if a

supervision order is not made and C.D. is in the community.


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

Serious Sex Offenders (Detention and Supervision) Act 2009.

2. THIS ORDER commences on: [insert details in accordance with

section 11 of the Act]

3. THE PERIOD for which this order remains in force is: [insert period,

not exceeding 15 years]

4. THE LATEST DATE by which the first review of this order under

Part 5 of the Act must be undertaken is: [insert period, being not later

than 3 years after order is first made]

5. THE INTERVAL(S) between subsequent reviews of this order

*is/*are: [insert period, being no more than intervals of 3 years]

6. CORE CONDITIONS:



S.R. No.

312 17-033SR.S1-20/11/2017

Pursuant to section 16 of the Act, the core conditions of this order are that,

during the period of the order, C.D. must—

1. not commit a relevant offence in Victoria or elsewhere;

2. attend at any place as directed by the Adult Parole Board for the

purpose of administering the conditions of the order;

3. attend at any place directed by the Adult Parole Board for the

purpose of making assessments required by the Court, the

Secretary to the Department of Justice and Regulation or the

Director of Public Prosecutions for the purposes of the Act

(including a personal examination by a medical expert for the

purpose of providing the Court with a report to assist it to

determine the need for, or form of, any of the conditions of the

order);

4. report to, and receive visits from, the Secretary to the Department

of Justice and Regulation or any person nominated by the

Secretary to the Department of Justice and Regulation for the

purposes of section 16(2)(d) of the Act;

5. notify the Adult Parole Board of any change of employment or

new employment (whether paid or unpaid) at least 2 clear days

before the date of commencing the new or changed employment;

6. not leave Victoria except with the permission of the Adult Parole

Board granted either generally or in relation to the particular case;

7. if the Court requires C.D. to reside at a residential facility, obey

all reasonable instructions given by a supervision officer that are

necessary to ensure the good order of the residential facility or the

safety and welfare of offenders or staff or visitors to the facility;

8. comply with any directions given by the Adult Parole Board under

the emergency power in section 120 of the Act.

7. ADDITIONAL CONDITIONS UNDER SECTION 17 OF THE ACT:

[insert any additional conditions]

8. OTHER ADDITIONAL CONDITIONS UNDER DIVISION 3 OF

PART 2 OF THE ACT: [insert any additional conditions]


[Name of Judge]


Form 6–12D—Application for detention order


S.R. No.

313 17-033SR.S1-20/11/2017

Form 6–12D—Application for

detention order

Rule 12.05(1)


AT



and

IN THE MATTER of an application under section 33 of that Act for a

detention order.

BETWEEN

The Director of Public Prosecutions

Applicant

and

C.D. Respondent

APPLICATION FOR DETENTION ORDER

The Director of Public Prosecutions applies under section 33 of the Serious

Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a

detention order in respect of C.D. [name of offender] who is an eligible

offender within the meaning of the Act.


unacceptable risk of committing a relevant offence if a detention order

is not made and C.D. is in the community.








a prison in respect of an offence and

*was subject to a supervision order or a detention order or an interim order at

the time that C.D. was remanded or commenced serving a sentence of

imprisonment for the offence; or

Form 6–12D—Application for detention order


S.R. No.

314 17-033SR.S1-20/11/2017

*was an eligible offender who was the subject of an application for a

supervision order or a detention order at the time C.D. was remanded or

commenced serving a sentence of imprisonment for the offence.

*C.D. is currently subject to a supervision order or an interim order.

[insert details]


risk of committing a relevant offence if a detention order is not made and

C.D. is in the community are: [specify grounds]

THE PERIOD sought for the duration of the detention order is:


THE FOLLOWING REPORTS are attached:





Date:

[Signed]

for and on behalf of

the Director of Public

Prosecutions


Form 6–12E—Application for renewal of detention order


S.R. No.

315 17-033SR.S1-20/11/2017

Form 6–12E—Application for renewal

of detention order

Rule 12.05(2)


AT



and

IN THE MATTER of an application under section 45 of that Act for renewal

of a detention order.

BETWEEN


Applicant

and

C.D. Respondent

APPLICATION FOR RENEWAL OF DETENTION ORDER


Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for

renewal of the detention order in respect of C.D. [name of offender] who

is an eligible offender within the meaning of the Act.


unacceptable risk of committing a relevant offence if a renewed detention

order is not made and C.D. is in the community.








a prison in respect of an offence.

C.D. is currently subject to a detention order and that order is still in force:

[insert details]

Form 6–12E—Application for renewal of detention order


S.R. No.

316 17-033SR.S1-20/11/2017


risk of committing a relevant offence if a renewed detention order is not

made and C.D. is in the community are: [specify grounds]

THE PERIOD sought for the duration of the renewed detention order is:







Date:

[Signed]



Prosecutions


Form 6–12F—Detention order


S.R. No.

317 17-033SR.S1-20/11/2017

Form 6–12F—Detention order

Rule 12.06

[heading as in Form 6–12D]

DETENTION ORDER

JUDGE:

DATE MADE:


HOW OBTAINED:



OTHER MATTERS:

THE COURT IS SATISFIED that the eligible offender C.D.[name

of offender] poses an unacceptable risk of committing a relevant

offence as defined in the Serious Sex Offenders (Detention and

Supervision) Act 2009 ("the Act") if a detention order is not made

and C.D. is in the community.

THE EFFECT OF THIS ORDER is that, in accordance with

section 42 of the Act, C.D. is committed to detention in a prison

for the period specified in this order.


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

Serious Sex Offenders (Detention and Supervision) Act 2009.



3. THE PERIOD of this order is: [insert period, not exceeding 3 years]

4. THE LATEST DATE by which the first review of this order under

Part 5 of the Act must be undertaken is: [insert period, being not later

than 3 years after order is first made]

5. THE INTERVAL(S) between subsequent reviews of this order

*is/*are: [insert period, being no more than intervals of 3 years]


[Name of Judge]


Form 6–12G—Application for interim supervision order


S.R. No.

318 17-033SR.S1-20/11/2017

Form 6–12G—Application for

interim supervision order

Rule 12.07(1)


AT



and

IN THE MATTER of an application under section 50 of that Act for an

interim supervision order.

BETWEEN



Applicant

and

C.D. Respondent

APPLICATION FOR INTERIM SUPERVISION ORDER



Act 2009 ("the Act") for an interim supervision order in respect of C.D.

[name of offender] who is an eligible offender within the meaning of the

Act.

C.D. is the subject of:

*an application under section 7 of the Act for a supervision order; or

*an application under section 28 of the Act for renewal of a supervision

order.

THIS APPLICATION is made upon the following grounds: [specify grounds

of application]

*an application for a supervision order has been made but C.D. *is no longer

serving a custodial sentence as required by section 4 of the Act or *will no

longer be serving that sentence when that application is determined;

*an application for renewal of a supervision order has been made but the

supervision order *has expired or *will have expired before that application

can be determined.

Form 6–12G—Application for interim supervision order


S.R. No.

319 17-033SR.S1-20/11/2017

The making of a supervision order would be justified on the following

grounds: [specify]

It is in the public interest to make an interim supervision order, having regard

to—

the following reasons why the application for the supervision order or

renewal was not, or will not be, determined before the expiry of the sentence

referred to in section 4 of the Act or the expiry of the supervision order

(as the case requires): [specify reasons]

[specify any other relevant matters]

THE PERIOD sought for the duration of the interim supervision order is:

[insert period in accordance with section 57 of the Act]

*THE CONDITIONS sought in respect of the interim supervision order, in

addition to the core conditions set out in section 16 of the Act, are: [insert

proposed conditions in accordance with Division 3 of Part 2 of the Act]







Date:

[Signed]

for and on behalf



and Regulation


Form 6–12H—Application for extension of interim supervision order


S.R. No.

320 17-033SR.S1-20/11/2017

Form 6–12H—Application for extension

of interim supervision order

Rule 12.07(2)


AT



and

IN THE MATTER of an application under section 63(1) of that Act for

extension of an interim supervision order.

BETWEEN



Applicant

and

C.D. Respondent

APPLICATION FOR EXTENSION OF INTERIM

SUPERVISION ORDER


section 63(1) of the Serious Sex Offenders (Detention and Supervision)

Act 2009 ("the Act") for the extension of an interim supervision order in

respect of C.D. [name of offender] who is an eligible offender within the

meaning of the Act.

C.D. is currently subject to an interim supervision order and that order is still

in force: [insert details]

C.D. has not ceased to be an eligible offender. The relevant conviction of

C.D. has not been set aside on appeal and C.D.'s sentence in respect of the

offence has not been altered so that the offender would not have been an

eligible offender had the amended sentence been the original sentence.


of application]

*an application for a supervision order has been made but C.D. *is no longer

serving a custodial sentence as required by section 4 of the Act or *will no

longer be serving that sentence when that application is determined;

Form 6–12H—Application for extension of interim supervision order


S.R. No.

321 17-033SR.S1-20/11/2017

*an application for renewal of a supervision order has been made but the

supervision order *has expired or *will have expired before that application

can be determined.

The making of a supervision order would be justified on the following

grounds: [specify]

It is in the public interest to extend the interim supervision order, having

regard to—

the following reasons why the application for the supervision order or

renewal was not, or will not be, determined before the expiry of the sentence

referred to in section 4 of the Act or the expiry of the supervision order

(as the case requires): [specify reasons]


THE PERIOD sought for the duration of the extended interim supervision

order is: [insert period in accordance with section 63(7) of the Act]

*THE CONDITIONS sought in respect of the extended interim supervision

order, in addition to the core conditions set out in section 16 of the Act, are:

[insert proposed conditions in accordance with Division 3 of Part 2 of the

Act]







Date:

[Signed]

for and on behalf



and Regulation


Form 6–12I—Application for interim detention order


S.R. No.

322 17-033SR.S1-20/11/2017

Form 6–12I—Application for interim

detention order

Rule 12.08(1)


AT



and

IN THE MATTER of an application under section 51 of that Act for an

interim detention order.

BETWEEN


Applicant

and

C.D. Respondent

APPLICATION FOR INTERIM DETENTION ORDER


Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for an

interim detention order in respect of C.D. [name of offender] who is an

eligible offender within the meaning of the Act.

C.D. is the subject of:

*an application under section 33 of the Act for a detention order; or

*an application under section 45 of the Act for renewal of a detention order.


of application]

*an application for a detention order has been made but the offender *is no

longer serving a custodial sentence as required by section 4 of the Act or

*will no longer be serving that sentence when that application is determined;

*an application for renewal of a detention order has been made but the

detention order *has expired or *will have expired before that application can

be determined.

The making of a detention order would be justified on the following grounds:

[specify]

Form 6–12I—Application for interim detention order


S.R. No.

323 17-033SR.S1-20/11/2017

It is in the public interest to make an interim detention order, having regard

to—

the following reasons why the application for the detention order or renewal

was not, or will not be, determined before the expiry of the sentence referred

to in section 4 of the Act or the expiry of the detention order (as the case

requires): [specify reasons]


THE PERIOD sought for the duration of the interim detention order is:

[insert period in accordance with section 57 of the Act]






Date:

[Signed]



Prosecutions


Form 6–12J—Application for extension of interim detention order


S.R. No.

324 17-033SR.S1-20/11/2017

Form 6–12J—Application for extension

of interim detention order

Rule 12.08(2)


AT



and

IN THE MATTER of an application under section 63(2) of that Act for

extension of an interim detention order.

BETWEEN


Applicant

and

C.D. Respondent

APPLICATION FOR EXTENSION OF INTERIM

DETENTION ORDER

The Director of Public Prosecutions applies under section 63(2) of the

Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act")

for the extension of the interim detention order in respect of C.D. [name of

offender] who is an eligible offender within the meaning of the Act.

C.D. is currently subject to an interim detention order and that order is still in

force: [insert details]

C.D. has not ceased to be an eligible offender. The relevant conviction of

C.D. has not been set aside on appeal and C.D.'s sentence in respect of the

offence has not been altered so that the offender would not have been an

eligible offender had the amended sentence been the original sentence.


of application]

*an application for a detention order has been made but the offender *is no

longer serving a custodial sentence as required by section 4 of the Act or

*will no longer be serving that sentence when that application is determined;

*an application for renewal of a detention order has been made but the

detention order *has expired or *will have expired before that application

can be determined.

Form 6–12J—Application for extension of interim detention order


S.R. No.

325 17-033SR.S1-20/11/2017

The making of a detention order would be justified on the following grounds:

[specify]

It is in the public interest to extend the interim detention order, having regard

to—

the following reasons why the application for the detention order or renewal

was not, or will not be, determined before the expiry of the sentence referred

to in section 4 of the Act or the expiry of the detention order (as the case

requires): [specify reasons]


THE PERIOD sought for the duration of the extension of the interim

detention order is: [insert period in accordance with section 63(7) of the Act]






Date:

[Signed]



Prosecutions


Form 6–12K—Interim supervision order


S.R. No.

326 17-033SR.S1-20/11/2017


Rule 12.09(1)


INTERIM SUPERVISION ORDER

JUDGE:

DATE MADE:


HOW OBTAINED:



OTHER MATTERS:

THE COURT IS SATISFIED that the making of this interim

supervision order is justified and in the public interest.


1. C.D. [name of offender] be subject to an interim supervision order

under the Serious Sex Offenders (Detention and Supervision)

Act 2009 ("the Act").



3. THE PERIOD of this order is: [insert period, in accordance with


4. CORE CONDITIONS:

Pursuant to section 16 of the Act, the core conditions of this order are that,

during the period of the order, C.D. must—

1. not commit a relevant offence in Victoria or elsewhere;

2. attend at any place as directed by the Adult Parole Board for the

purpose of administering the conditions of the order;

3. attend at any place directed by the Adult Parole Board for the

purpose of making assessments required by the Court, the

Secretary to the Department of Justice and Regulation or the

Director of Public Prosecutions for the purposes of the Act

(including a personal examination by a medical expert for the

purpose of providing the Court with a report to assist it to



S.R. No.

327 17-033SR.S1-20/11/2017

determine the need for, or form of, any of the conditions of the

order);

4. report to, and receive visits from, the Secretary to the Department

of Justice and Regulation or any person nominated by the

Secretary to the Department of Justice and Regulation for the

purposes of section 16(2)(d) of the Act;

5. notify the Adult Parole Board of any change of employment or

new employment (whether paid or unpaid) at least 2 clear days

before the date of commencing the new or changed employment;

6. not leave Victoria except with the permission of the Adult Parole

Board granted either generally or in relation to the particular case;

7. if the Court requires C.D. to reside at a residential facility, obey

all reasonable instructions given by a supervision officer that are

necessary to ensure the good order of the residential facility or the

safety and welfare of offenders or staff or visitors to the facility;

8. comply with any directions given by the Adult Parole Board under

the emergency power in section 120 of the Act.

5. ADDITIONAL CONDITIONS UNDER SECTION 17 OF THE ACT:

[insert any additional conditions]

6. OTHER ADDITIONAL CONDITIONS UNDER DIVISION 3 OF

PART 2 OF THE ACT: [insert any additional conditions]


[Name of Judge]

Form 6–12L—Order extending interim supervision order


S.R. No.

328 17-033SR.S1-20/11/2017

Form 6–12L—Order extending interim

supervision order

Rule 12.09(2)


ORDER EXTENDING INTERIM SUPERVISION ORDER

JUDGE:

DATE MADE:


HOW OBTAINED:



OTHER MATTERS:

THE COURT IS SATISFIED that the making of this order extending

the interim supervision order is justified and in the public interest.


1. The interim supervision order under the Serious Sex Offenders

(Detention and Supervision) Act 2009 ("the Act") made on

[insert date of interim supervision order] to which C.D. [name of

offender] is subject be extended.

2. THE PERIOD for which the interim supervision order is extended

is: [insert period, in accordance with section 63(7) of the Act]


[Name of Judge]

Form 6–12M—Interim detention order


S.R. No.

329 17-033SR.S1-20/11/2017

Form 6–12M—Interim detention order

Rule 12.09(3)


INTERIM DETENTION ORDER

JUDGE:

DATE MADE:


HOW OBTAINED:



OTHER MATTERS:

THE COURT IS SATISFIED that the making of this interim

detention order is justified and in the public interest.

THE EFFECT OF THIS ORDER is that, in accordance with

section 42 of the Serious Sex Offenders (Detention and

Supervision) Act 2009 ("the Act"), C.D. is committed to

detention in a prison for the period specified in this order.


1. C.D. [name of offender] be subject to an interim detention order under

the Serious Sex Offenders (Detention and Supervision) Act 2009.



3. THE PERIOD of this order is: [insert period in accordance with



[Name of Judge]

Form 6–12N—Order extending interim detention order


S.R. No.

330 17-033SR.S1-20/11/2017

Form 6–12N—Order extending

interim detention order

Rule 12.09(4)


ORDER EXTENDING INTERIM DETENTION ORDER

JUDGE:

DATE MADE:


HOW OBTAINED:



OTHER MATTERS:

THE COURT IS SATISFIED that the making of this order extending

the interim detention order is justified and in the public interest.


1. The interim detention order under the Serious Sex Offenders

(Detention and Supervision) Act 2009 ("the Act") made on

[insert date of interim detention order] to which C.D. [name of

offender] is subject be extended.

2. THE PERIOD for which the interim detention order is extended

is: [insert period, in accordance with section 63(7) of the Act]


[Name of Judge]

Form 6–12O—Application by Secretary for review of supervision order


S.R. No.

331 17-033SR.S1-20/11/2017

Form 6–12O—Application by Secretary

for review of supervision order

Rule 12.10(1)


APPLICATION BY SECRETARY FOR REVIEW

OF SUPERVISION ORDER



Act 2009 ("the Act") for a review of the supervision order made by the

Court on [insert date of order].

THE GROUNDS on which this application is made are: [specify grounds]

THE ORDERS sought are: [specify orders sought]

*that the supervision order remain in operation

*that the supervision order be revoked

*that the supervision order be revoked and replaced with a *different

supervision order/*a detention order

*that if the supervision order is revoked and replaced with a different

supervision order, the conditions sought in respect of that supervision

order, in addition to the core conditions set out in section 16 of the Act,

are: [insert proposed conditions in accordance with Division 3 of Part 2

of the Act]


progress report [identify report]



Date:



Form 6–12P—Application by DPP for review of detention order


S.R. No.

332 17-033SR.S1-20/11/2017

Form 6–12P—Application by DPP for

review of detention order

Rule 12.10(2)


APPLICATION BY DPP FOR REVIEW

OF DETENTION ORDER


Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a

review of the detention order made by the Court on [insert date of order].



*that the detention order remain in operation

*that the detention order be revoked

*that the detention order be revoked and replaced with a supervision order

*if the detention order is revoked and replaced with a supervision order, the

conditions sought in respect of that supervision order, in addition to the core

conditions set out in section 16 of the Act, are: [insert proposed conditions in

accordance with Division 3 of Part 2 of the Act]





Date:



Form 6–12Q—Application for leave to apply for review of supervision order


S.R. No.

333 17-033SR.S1-20/11/2017

Form 6–12Q—Application for leave to apply

for review of supervision order

Rule 12.11(1)


APPLICATION FOR LEAVE TO APPLY FOR

REVIEW OF SUPERVISION ORDER

*The Secretary to the Department of Justice and Regulation applies under


Act 2009 ("the Act") for leave of the Court to apply for a review of the

supervision order made by the Court on [insert date of order] and, if leave

be granted, review of that supervision order. This application is made *on the

Secretary's own initiative/*on the recommendation of the Adult Parole Board.

*The Director of Public Prosecutions applies under section 68(1) of the Act

for leave of the Court to apply for a review of the supervision order made

by the Court [insert date of order] and, if leave be granted, review of that

supervision order.

*I, C.D. apply under section 68(1) of the Act for leave of the Court to apply

for a review of the supervision order made by the Court [insert date and

relevant details of order] and, if leave be granted, review of that supervision

order.



that leave be granted for review of the supervision order

AND, if leave is granted:

*that the supervision order remain in operation

*that the supervision order be revoked

*that the supervision order be revoked and replaced with a *different

supervision order/*a detention order

Form 6–12Q—Application for leave to apply for review of supervision order


S.R. No.

334 17-033SR.S1-20/11/2017

*that if the supervision order is revoked and replaced with a different

supervision order, the conditions sought in respect of that supervision

order, in addition to the core conditions set out in section 16 of the Act,

are: [insert proposed conditions in accordance with Division 3 of Part 2

of the Act]






Date:



Form 6–12R—Application for leave to apply for review of detention order


S.R. No.

335 17-033SR.S1-20/11/2017

Form 6–12R—Application for leave to

apply for review of detention order

Rule 12.11(2)


APPLICATION FOR LEAVE TO APPLY FOR

REVIEW OF DETENTION ORDER

*The Director of Public Prosecutions applies under section 68(2) of the

Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act")

for leave of the Court to apply for a review of the detention order made by

the Court on [insert date of order] and, if leave be granted, review of that

detention order.

*I, C.D. apply under section 68(2) of the Act for leave of the Court to apply

for a review of the detention order made by the Court [insert date and

relevant details of order] and, if leave be granted, review of that detention

order.



that leave be granted for review of the detention order


*that the detention order remain in operation

*that the detention order be revoked

*that the detention order be revoked and replaced with a supervision order

*that if the detention order is revoked and replaced with a supervision order,

the conditions sought in respect of that supervision order, in addition to the

core conditions set out in section 16 of the Act, are: [insert proposed

conditions in accordance with Division 3 of Part 2 of the Act]




Form 6–12R—Application for leave to apply for review of detention order


S.R. No.

336 17-033SR.S1-20/11/2017



Date:



Form 6–12S—Application for leave to apply for review of conditions of supervision

order or interim supervision order


S.R. No.

337 17-033SR.S1-20/11/2017

Form 6–12S—Application for leave to apply

for review of conditions of supervision order

or interim supervision order

Rule 12.12


APPLICATION FOR LEAVE TO APPLY FOR REVIEW

OF CONDITIONS OF SUPERVISION ORDER OR

INTERIM SUPERVISION ORDER

*The Secretary to the Department of Justice and Regulation applies under

section 77 of the Serious Sex Offenders (Detention and Supervision) Act

2009 ("the Act") for leave of the Court to apply for a review of a condition,

other than a core condition, of the *supervision order/*interim supervision

order made by the Court on [insert date of order] and, if leave be granted,

review of those conditions.

*I, C.D. apply under section 77 of the Act for leave of the Court to apply for

a review of a condition, other than a core condition, of the *supervision

order/*interim supervision order made by the Court on [insert date and

relevant details of order] and, if leave be granted, review of those conditions.

*THE CONDITION(S) which are the subject of this application are:

[specify conditions to which the application relates]


*the following new facts and circumstances justifying the review have arisen

since the conditions were made [specify new facts and circumstances

justifying review]: or

*the following reasons justify the review in the interests of justice, having

regard to the purposes of the condition and the manner or effect of their

implementation [specify reasons the review is justified in the interests of

justice].


that leave be granted for review of the conditions of the *supervision

order/*interim supervision order


*that the conditions be varied as follows [specify conditions and variations

sought]:

Form 6–12S—Application for leave to apply for review of conditions of supervision

order or interim supervision order


S.R. No.

338 17-033SR.S1-20/11/2017

*that the conditions be added to as follows [specify conditions and additions

sought]:

*that the conditions be removed as follows [specify conditions sought to be

removed]:

*that the conditions be confirmed

*that the supervision order be reviewed in accordance with Part 5 of the Act





*A CERTIFICATE OF AVAILABLE RESOURCES in respect of C.D.

prepared by the Secretary under section 195 of the Act is attached.

Date:



Form 6–12T—Order to attend for examination


S.R. No.

339 17-033SR.S1-20/11/2017

Form 6–12T—Order to attend

for examination

Rule 12.13


ORDER TO ATTEND FOR EXAMINATION

JUDGE:

DATE MADE:


HOW OBTAINED:


entitled to attend and, if attending, whether by counsel or solicitor]

THE COURT ORDERS THAT under section 84 of the Serious Sex

Offenders (Detention and Supervision) Act 2009 ("the Act") [name of

offender] ("the offender") attend for personal examination by a medical

expert or other person [insert name and address or other relevant details of

expert or other person who is to conduct the personal examination of the

offender and time and place for attendance for examination] for the purposes

of enabling that expert or other person to make a report or give evidence to

the Court.


[Name of Judge]

NOTE

To [name of offender]:

This order requires you to attend a personal examination. Section 84(2) of the

Serious Sex Offenders (Detention and Supervision) Act 2009 provides that

you cannot be compelled to submit to a physical examination or in any way

actively to cooperate in the carrying out of a personal examination.

Form 6–12U—Notice of appeal by offender


S.R. No.

340 17-033SR.S1-20/11/2017


Rule 12.14(1)


AT


IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders

(Detention and Supervision) Act 2009

BETWEEN

A.B. Appellant

and

*The Secretary to the Department

of Justice and Regulation/*The

Director of Public Prosecutions

Respondent

NOTICE OF APPEAL BY OFFENDER

TO: the Registrar of Criminal Appeals:


1. TAKE NOTICE that the appellant A.B. appeals to the Court of Appeal

under section 96 of the Serious Sex Offenders (Detention and

Supervision) Act 2009 against:

*a decision made on [date] by [identify court and Judge] to make

*a supervision order/*an interim supervision order/*a detention order/

*an interim detention order in respect of the appellant.

*a decision made on [date] by [identify court and Judge] to renew

*a supervision order/*a detention order in respect of the appellant

previously made on [date] by [identify court and Judge].

*a decision made on [date] by [identify court and Judge] to extend

*an interim supervision order/*an interim detention order in respect of

the appellant previously made on [date] by [identify court and Judge].

*a decision made on [date] by [identify court and Judge] to impose

conditions other than core conditions on *a supervision order/*an interim

supervision order in respect of the appellant previously made on [date] by

[identify court and Judge].



S.R. No.

341 17-033SR.S1-20/11/2017

*a decision made on [date] by [identify court and Judge] to impose

a particular period of operation of *a supervision order/*an interim

supervision order/*a detention order/*an interim detention order in

respect of the appellant.

*a decision made on [date] by [identify court and Judge] on a review

under Part 5 of the Act not to revoke a *supervision order/*detention

order previously made on [date] by [identify court and Judge].

*a decision made on [date] by [identify court and Judge] to revoke

*a supervision order/*an interim supervision order/*a detention order/

*an interim detention order in respect of the appellant and make a new

supervision order or detention order in respect of the appellant.

2. THE GROUNDS of the appeal are: [state briefly the grounds of the

appeal]

3. THE ORDERS sought on appeal are: [state orders sought]

4. Name and address of legal practitioner who represented appellant in the

court where the decision being appealed was made:

5. Name of counsel (if any) who represented appellant in the court where

the decision being appealed was made:

6. State whether you wish—

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

(b) to attend by audio visual link at the hearing of this

proceeding.

Date:







[insert details]


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.



S.R. No.

342 17-033SR.S1-20/11/2017

2. Your attention is drawn to the procedure for appeals set out in Part 7 of

the Serious Sex Offenders (Detention and Supervision) Act 2009 and

the powers of the Court of Appeal under that Act. As soon as practicable

after giving notice of appeal to the Court of Appeal, you must cause a

copy of the notice to be served on the respondent to the appeal.

3. Under section 99(5) of the Serious Sex Offenders (Detention and

Supervision) Act 2009, the filing of this notice of appeal does not stay

the operation of the decision being appealed, unless the court that made

that decision or the Court of Appeal otherwise orders.

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


S.R. No.

343 17-033SR.S1-20/11/2017

Form 6–12V—Notice of appeal by Secretary

to Department of Justice and Regulation

Rule 12.14(2)


AT




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



1. TAKE NOTICE that the appellant, the Secretary to the Department of

Justice and Regulation, considering it in the public interest to do so,

appeals to the Court of Appeal under section 97 of the Serious Sex

Offenders (Detention and Supervision) Act 2009 ("the Act") against:

*a decision made on [date] by [identify court and Judge] not to make

*a supervision order/*an interim supervision order in respect of A.B.

who is an eligible offender within the meaning of the Act.

*a decision made on [date] by [identify court and Judge] not to renew

a supervision order in respect of A.B. previously made on [date] by


*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



under Part 5 of the Act to revoke a supervision order in respect of A.B.


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


S.R. No.

344 17-033SR.S1-20/11/2017

*a decision made on [date] by [identify court and Judge] to impose a

particular period of operation of *a supervision order/*an interim

supervision order in respect of A.B.

*a decision made on [date] by [identify court and Judge] *to impose/

*to not impose conditions other than core conditions on *a supervision

order/*an interim supervision order in respect of A.B. previously made

on [date] by [identify court and Judge].


appeal]


4. As required by section 99(4) of the Serious Sex Offenders (Detention

and Supervision) Act 2009, this notice of appeal is accompanied by a

notice in the prescribed form as contained in the regulations made under

that Act setting out the offender's rights in relation to, and the procedure

for the hearing and determination of, the appeal.

Date:

[Signed

for and on behalf



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 your appeal, or attend by audio visual link if that is

practicable. If you wish to do either of these things, you should notify the

Registrar of Criminal Appeals in writing of your wish.

Form 6–12W—Notice of appeal by DPP


S.R. No.

345 17-033SR.S1-20/11/2017


Rule 12.14(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 it in the public interest to do so, appeals to the Court of

Appeal under section 98 of the Serious Sex Offenders (Detention and

Supervision) Act 2009 ("the Act") against:

*a decision made on [date] by [identify court and Judge] not to make

*a detention order/*an interim detention order in respect of A.B. who

is an eligible offender within the meaning of the Act.

*a decision made on [date] by [identify court and Judge] not to renew

a detention order in respect of A.B. previously made on [date] by


*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].


under Part 5 of the Act to revoke a detention order in respect of A.B.


*a decision made on [date] by [identify court and Judge] to impose a

particular period of operation of *a detention order/*an interim detention

order in respect of A.B.



S.R. No.

346 17-033SR.S1-20/11/2017


appeal]


4. As required by section 99(4) of the Serious Sex Offenders (Detention

and Supervision) Act 2009, this notice of appeal is accompanied by a

notice in the prescribed form as contained in the regulations made under

that Act setting out the offender's rights in relation to, and the procedure

for the hearing and determination of, the appeal.

Date:

[Signed



Prosecutions]


IMPORTANT NOTE

To the respondent:

Unless the Court directs otherwise, you may, if you wish, be present in

Court at the hearing of your appeal, or attend by audio visual link if that is

practicable. If you wish to do either of these things, you should notify the

Registrar of Criminal Appeals in writing of your wish.

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


S.R. No.

347 17-033SR.S1-20/11/2017

Form 6–12X—Notice of appeal relating

to publication of information

Rule 12.14(4)


AT


IN THE MATTER of an appeal under section 103 of the Serious Sex

Offenders (Detention and Supervision) Act 2009

BETWEEN

Appellant

and

Respondent

NOTICE OF APPEAL RELATING TO

PUBLICATION OF INFORMATION



1. TAKE NOTICE that the appellant, being a person affected by a decision

of the Court under Division 1 of Part 13 of the Serious Sex Offenders

(Detention and Supervision) Act 2009 ("the Act") appeals to the Court

of Appeal under section 103 of the Act against:

*a decision made on [date] by [identify court and Judge] to make an order

under section 183 of the Act authorising the publication of material which

would otherwise be an unauthorised publication under section 182 of the

Act.

*a decision made on [date] by [identify court and Judge] to make an order

under section 184 of the Act restricting publication of information about

the identification of an offender.


appeal]


Date:

[Signed by for and on

behalf of the Appellant]


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


S.R. No.

348 17-033SR.S1-20/11/2017

Form 6–12Y—Notice of intention to

dispute reports to Court

Rule 12.15

NOTICE OF INTENTION TO DISPUTE

ASSESSMENT REPORT, PROGRESS REPORT

OR OTHER REPORT TO COURT

To the Prothonotary:

TAKE NOTICE THAT:

*The Secretary to the Department of Justice and Regulation intends under


Act 2009 ("the Act") to dispute the *whole of/*part of *an assessment

report/*a progress report/*a report made to the Court/*another report filed

with an application under the Act.

*The Director of Public Prosecutions under section 113 of the Serious

Sex Offenders (Detention and Supervision) Act 2009 ("the Act") to

dispute the *whole of/*part of *an assessment report/*a progress report/

*a report made to the Court/*another report filed with an application

under the Act.

*I, C.D. intend under section 113 of the Serious Sex Offenders

(Detention and Supervision) Act 2009 ("the Act") to dispute the

*whole of/*part of *an assessment report/*a progress report/*a report

made to the Court/*another report filed with an application under the

Act.

PARTICULARS

I INTEND TO DISPUTE:

*the whole of the assessment report [identify report]

*part of the assessment report [identify report and part disputed]

*the whole of the progress report [identify report]

*part of the progress report [identify report and part disputed]

*the whole of a report made to the Court [identify report]

*part of a report made to the Court [identify report and part disputed]

*the whole of another report filed with an application under the Act

[identify report]

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


S.R. No.

349 17-033SR.S1-20/11/2017

*part of another report filed with an application under the Act [identify report

and part disputed]

THE GROUNDS on which I intend to dispute *the report/*part of the report

are: [insert brief description of grounds].

Date:

[Signature of party giving

notice or party's legal advisor]

NOTE

Rule 12.15 of Chapter VI of the Rules of the Supreme Court requires this

notice to be served in accordance with section 193 of the Act and that Rule

on the other party to the application for an supervision order as soon as

practicable and not less than 10 days before the hearing of the application.


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

obligations


S.R. No.

350 17-033SR.S1-20/11/2017

Form 6–12AA—Application for suspension

of registrable offender's reporting obligations

Rule 12A.02(1)


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]


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

obligations


S.R. No.

351 17-033SR.S1-20/11/2017

Form 6–12AB—Application for new

order suspending registrable offender's

reporting obligations

Rule 12A.02(2)


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]


Form 6–12AC—Application by Chief Commissioner of Police for suspension of

registrable offender's reporting obligations


S.R. No.

352 17-033SR.S1-20/11/2017

Form 6–12AC—Application by Chief

Commissioner of Police for suspension of

registrable offender's reporting obligations

Rule 12A.03(1)


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 OBLIGATIONS

The Chief Commissioner of Police, of [address], applies under section 39A

of the Sex Offenders Registration Act 2004 ("the Act") for an order

suspending the reporting obligations of a registrable offender under the

Act of [name and address of registrable offender].






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]


Form 6–12AD—Application by Chief Commissioner of Police for revocation of order

suspending registrable offender's reporting obligations


S.R. No.

353 17-033SR.S1-20/11/2017

Form 6–12AD—Application by Chief

Commissioner of Police for revocation of

order suspending registrable offender's


Rule 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:




Form 6–12AE—Application by Chief Commissioner of Police for new order



S.R. No.

354 17-033SR.S1-20/11/2017

Form 6–12AE—Application by Chief

Commissioner of Police for new order

suspending registrable offender's


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 OBLIGATIONS

The Chief Commissioner of Police, of [address], applies under

section 45(1A) of the Sex Offenders Registration Act 2004 ("the Act")

for a new order suspending the reporting obligations as a registrable

offender under the Act of AB [insert name of registrable offender].

PARTICULARS

The original order under Division 6 of Part 3 of the Act was made on [date]

by [court and name of Judge] and ceased to have effect because the offender:

*(a) was made subject to a sex offender registration order; or

*(b) was found guilty of a registrable offence; or

*(c) became a corresponding registrable offender who must under

section 37 of the Act continue to comply with the reporting

obligations imposed by Part 3 of the Act for a period.







Form 6–12AE—Application by Chief Commissioner of Police for new order



S.R. No.

355 17-033SR.S1-20/11/2017

Date:




Form 6–13A—Application for coercive powers order


S.R. No.

356 17-033SR.S1-20/11/2017


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 ORDER

I, [name], [rank/position], a police officer of [name of station or address of

premises at which police officer works] with the approval of *the Chief

Commissioner/*delegate of the Chief Commissioner [specify name and rank

of person approving the application] apply under section 5(1) of the Major

Crime (Investigative Powers) Act 2004 ("the Act") for a coercive powers

order authorising the use in accordance with the Act of powers provided by

the Act for the purpose of investigating an organised crime offence.

I SUSPECT on reasonable grounds that an organised crime offence *has

been, *is being, or *is likely to be, committed.

THE PARTICULARS of the organised crime offence in respect of which the

coercive powers order is sought are: [insert particulars].

THE NAME of each alleged offender is: [insert name or, if the name is

unknown, state that the offender is unknown]

THE PERIOD sought for the duration of the coercive powers order is:

[insert period, not exceeding 12 months]




delay caused in complying with section 5(4) of the Act may prejudice the

success of the investigation into the organised crime offence in respect of

which this application is made. It was impracticable for an affidavit to be

prepared or sworn before this application was made for the following

reasons: [insert reasons and specify grounds for making the application]

*I RELY upon my affidavit prepared but not sworn that was provided to the

Court on [date].

Form 6–13A—Application for coercive powers order


S.R. No.

357 17-033SR.S1-20/11/2017

I undertake to the Court to send a duly sworn affidavit to the Judge

constituting the Court not later than the day following the making of

the application, whether or not a coercive powers order is made.

Date:



Form 6–13B—Coercive powers order


S.R. No.

358 17-033SR.S1-20/11/2017


Rule 13.05


COERCIVE POWERS ORDER

JUDGE:

DATE MADE:


HOW OBTAINED:



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.



S.R. No.

359 17-033SR.S1-20/11/2017

THE PERIOD for which this order remains in force is: [insert period, not

exceeding 12 months]

*THE USE OF COERCIVE POWERS under this order is subject to the

following conditions [specify conditions].


[Name of Judge]


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


S.R. No.

360 17-033SR.S1-20/11/2017

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].




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:



Form 6–13BB—Application objecting to disclosure or production of protected

information at revocation hearing for of coercive powers order


S.R. No.

361 17-033SR.S1-20/11/2017

Form 6–13BB—Application objecting to

disclosure or production of protected

information at revocation hearing for

of coercive powers order

Rule 13.05.2


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].

Form 6–13BB—Application objecting to disclosure or production of protected

information at revocation hearing for of coercive powers order


S.R. No.

362 17-033SR.S1-20/11/2017

I OBJECT to the disclosure or production of the protected information on the

following grounds—

1 it is in the public interest to protect the confidentiality of any

intelligence information or any document or thing provided to the

Court for the purposes of obtaining the coercive powers order to which

the revocation hearing relates or obtained or to be obtained under the

coercive powers order to which the revocation hearing relates; and

2 the method of hearing and determining the matter may disclose any

intelligence information, or document or thing the disclosure of

which—

*reveals the identity of the member of the police force who applied for

the coercive powers order or puts that member's safety at risk;

*reveals the identity of a person who has been called, or who has

appeared, as a witness in an examination conducted under the coercive

powers order, or puts that person's safety at risk;

*reveals the identity of a person who has provided a police officer

with information relating to an investigation, or puts that person's

safety at risk;

*reveals the identity of a person whose name appears in any evidence

given or information provided to a police officer relating to an

investigation, or puts that person's safety at risk;

*reveals the identity of a person who is or has been the subject of an

investigation by a police officer, or puts that person's safety at risk;

*places at risk an ongoing investigation by a police officer; or

*risks the disclosure of any investigative method used by police

officers;

*is otherwise not in the public interest [specify].



THE PROTECTED INFORMATION to which this application relates is:

[brief description of type of protected information].

Date:



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


S.R. No.

363 17-033SR.S1-20/11/2017

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 SUMMONS

I, [name], [rank/position] a police officer of [name of station or address of

premises at which police officer works] apply under section 14(3) of the

Major Crime (Investigative Powers) Act 2004 ("the Act") for the issue

of—

*(a) a summons to attend an examination before the Chief Examiner to give

evidence;

*(b) a summons to attend at a specified time and place to produce specified

documents or other things to the Chief Examiner;

*(c) a summons to attend an examination before the Chief Examiner to give

evidence and produce specified documents or other things.

*THIS APPLICATION is made at the same time as an application for the

making of a coercive powers order.

*A COERCIVE POWERS ORDER is in force [insert date of making of

order and brief description of details of order].

THE PERSON to whom the summons is to be directed is: [insert name]

THE REASON why a summons is needed for the person to whom it is

directed is: [insert reason]

THE EVIDENTIARY OR INTELLIGENCE VALUE of the information

sought to be obtained from the person to whom the summons is directed is:

[indicate evidentiary or intelligence value]

*I SUSPECT that the person to whom the summons is to be directed has a

mental impairment.

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


S.R. No.

364 17-033SR.S1-20/11/2017

*I *SUSPECT/*KNOW that the person to whom the summons is to be

directed is under the age of 18 years. I *suspect/*know that the person's age

is: [insert age].

Date:



Form 6–13D—Application for order under section 18(2) of Major Crime

(Investigative Powers) Act 2004


S.R. No.

365 17-033SR.S1-20/11/2017

Form 6–13D—Application for order

under section 18(2) of Major Crime

(Investigative Powers) Act 2004

Rule 13.07


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:



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


S.R. No.

366 17-033SR.S1-20/11/2017

Form 6–13E—Application for extension of

period of notice—confidential document

Rule 13.08


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:



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


S.R. No.

367 17-033SR.S1-20/11/2017

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


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


S.R. No.

368 17-033SR.S1-20/11/2017

Form 6–14A—Application under section 10

of Crimes (Assumed Identities) Act 2004

Rule 14.04(1)


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


I, *[name and rank of applicant], being

*(a) the chief officer of a law enforcement agency;

*(b) a senior officer within the meaning of the Crimes (Assumed

Identities) Act 2004 of a law enforcement agency to whom the

chief officer referred to in subparagraph (a) has delegated his or

her functions under section 34(2) of that Act;

*(c) the corresponding chief officer of a corresponding participating

agency within the meaning of the Crimes (Assumed Identities)

Act 2004;

APPLY under section 10 of the Crimes (Assumed Identities) Act 2004

for the making of an entry in the Register under the Births, Deaths and

Marriages Registration Act 1996 in relation to the acquisition of an

assumed identity under an authority or a corresponding authority.




Date:



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


S.R. No.

369 17-033SR.S1-20/11/2017

Form 6–14B—Application under section 12

of Crimes (Assumed Identities) Act 2004

Rule 14.04(2)


AT


and




I, *[name and rank of applicant], being

*(a) the chief officer of a law enforcement agency;

*(b) a senior officer within the meaning of the Crimes (Assumed

Identities) Act 2004 of a law enforcement agency to whom the

chief officer referred to in subparagraph (a) has delegated his or

her functions under section 34(2) of that Act;

*(c) the corresponding chief officer of a corresponding participating

agency within the meaning of the Crimes (Assumed Identities)

Act 2004; and

HAVING BEEN the applicant for the order under section 10 of the Crimes

(Assumed Identities) Act 2004 in respect of which this cancellation is

sought,

APPLY under section 12 of the Crimes (Assumed Identities) Act 2004 for

the cancellation of the entry that has been made in the Register under the

Births, Deaths and Marriages Registration Act 1996 under section 10 of

the Crimes (Assumed Identities) Act 2004 made [insert date of order under

section 10 of that Act].




Date:



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


S.R. No.

370 17-033SR.S1-20/11/2017

Form 6–14C—Order under section 10 of

Crimes (Assumed Identities) Act 2004

Rule 14.06(1)


AT


and



ORDER UNDER SECTION 10

JUDGE:

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]

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


S.R. No.

371 17-033SR.S1-20/11/2017

Form 6–14D—Order under section 12 of

Crimes (Assumed Identities) Act 2004

Rule 14.06(2)


AT


and



ORDER UNDER SECTION 12

JUDGE:

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]

Form 6–15A—Identity crime certificate


S.R. No.

372 17-033SR.S1-20/11/2017

Form 6–15A—Identity crime certificate

Rule 15.01

IN THE SUPREME COURT

OF VICTORIA

AT

IN THE MATTER of an application under section 89F of the Sentencing

Act 1991 for an identity crime certificate

IDENTITY CRIME CERTIFICATE

The Supreme Court issues this identity crime certificate under section 89F of

the Sentencing Act 1991.

On [date] the Court found [name of offender] guilty of an identity crime

offence.

1. The identity crime offence to which this certificate relates is

[specify identity crime offence and date of the offence].

2. The name of the victim of the identity crime offence is [name of

victim].

*3. The Court considers the following other matters are relevant:

[specify any other relevant matters, for example, address of victim,

gender, date of birth]

Date:



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


S.R. No.

373 17-033SR.S1-20/11/2017

Form 6–15B—Notice to appear under

section 89H of Sentencing Act 1991

Rule 15.02

IN THE SUPREME COURT

OF VICTORIA

AT

IN THE MATTER of an application under section 89F of the Sentencing

Act 1991 for an identity crime certificate

NOTICE TO APPEAR UNDER SECTION 89H

OF THE SENTENCING ACT 1991

TO: [name and address of person who prosecuted the identity crime offence

which is the subject of the application]

TAKE NOTICE THAT you are directed to appear at the hearing of the

application to provide assistance to the Court in relation to the application.

PARTICULARS:

1. Date of hearing:

2. Place of hearing: [address of Court]

3. The identity crime offence to which this application relates is:

[specify identity crime offence]

4. The name of the victim of the identity crime offence is: [name of

victim]

5. The Court found [name of offender] guilty of the identity crime

offence on [date]

*6. Other relevant matters are: [specify any other relevant matters]

*7. You may appoint another person to appear on your behalf at the

hearing. If you wish to do so, specify the name and contact details

of that person.

Date:

[Signature]


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


S.R. No.

374 17-033SR.S1-20/11/2017


for suppression order

Rule 16.02


AT

IN THE MATTER OF:

NOTICE OF APPLICATION FOR SUPPRESSION ORDER

To: The Supreme Court of Victoria at [appropriate email address]

And to: [identify other proposed recipients of the notice]

[Applicant] gives notice of the making of an application for a suppression

order under the Open Courts Act 2013 in this proceeding.

*The application is the subject of an application filed on [date] returnable

before [identify relevant judicial officer] in [identify relevant court room]

at [time] on [date].

OR

*The applicant proposes to make the application orally before [identify

relevant judicial officer] in [identify relevant court room] at [time] on [date].

The application is for an order in the following terms:

[Set out the proposed wording of the order to be sought].

The applicant proposes to rely upon [insert brief description of material to be

relied upon]

For further information, please contact:

[Name of applicant or applicant's representative for enquiries]

Tel: [insert number]

Mobile No.: [insert number]

Email:


Schedule 1—Revoked statutory rules


S.R. No.

375 17-033SR.S1-20/11/2017

Schedule 1—Revoked statutory rules

Rule 1.03(2)

S.R. No. Title

12/2008 Chapter VI of the Rules of the Supreme Court, the Supreme

Court (Criminal Procedure) Rules 2008

118/2008 Supreme Court (Chapter VI Amendment No. 1) Rules 2008







207/2014 Supreme Court (Chapter VI Mental Impairment and

Unfitness to be Tried Amendment) Rules 2014

39/2015 Supreme Court (Chapter VI Judicial Registrars Amendment)

Rules 2015

105/2016 Supreme Court (Chapter I and Chapter VI Dual Commission

Holder Amendments) Rules 2016

141/2016 Supreme Court (Chapter VI Confiscation Amendment)

Rules 2016

34/2017 Supreme Court (Chapter VI Powers of Judicial Registrars

Amendment) Rules 2017

Dated:

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