Supreme Court (Criminal Procedure) Rules 2008FILE/08-12sr024.docx · Web viewForm 6–2C—Notice...

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Version No. 024 Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 Version incorporating amendments as at 1 September 2016 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 4 1.06.1 Associate Judge acting for Registrar 5 1.07 Calculating time 5 1.08 Extension and abridgement 5 1.09 Process in vacation 6 1.10 Content and form of documents 6 1.11 Filing of documents 6 1.12 Subpoenas 7 1.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010 8 1.12.2 Procedure under the Vexatious Proceedings Act 2014 9 1.13 Authentication 9 1.14 Amendment of judgment or order 9 1.15 Effect of non-compliance and dispensing with compliance 10 1.16 Exercise of jurisdiction by Judge of the Court or Court of Appeal 10 1.17 Notices to be signed 10 1

Transcript of Supreme Court (Criminal Procedure) Rules 2008FILE/08-12sr024.docx · Web viewForm 6–2C—Notice...

Version No. 024

Supreme Court (Criminal Procedure) Rules 2008

S.R. No. 12/2008

Version incorporating amendments as at1 September 2016

TABLE OF PROVISIONSRule Page

Order 1—Preliminary 1

1.01 Title and object 11.02 Authorising provisions 11.03 Commencement and revocation 21.04 Application of Rules 21.05 Definitions 21.06 Registrar of Criminal Appeals 41.06.1 Associate Judge acting for Registrar 51.07 Calculating time 51.08 Extension and abridgement 51.09 Process in vacation 61.10 Content and form of documents 61.11 Filing of documents 61.12 Subpoenas 71.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010 81.12.2 Procedure under the Vexatious Proceedings Act 2014 91.13 Authentication 91.14 Amendment of judgment or order 91.15 Effect of non-compliance and dispensing with compliance 101.16 Exercise of jurisdiction by Judge of the Court or Court of

Appeal 101.17 Notices to be signed 101.18 General applications 11

Order 2—Criminal appeals 12

Part 1—Preliminary 12

2.01 Definitions 122.02 Single judge 132.03 Jurisdiction and powers exercisable by two Judges of

Appeal 132.04 Legal practitioners 14

1

Part 2—Commencement of appeals under Divisions 1 and 2 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 15

2.05 Application for leave to appeal against conviction or sentence 15

2.06 Application may be determined by single Judge of Appeal 162.07 Procedure for determination of application by single Judge

of Appeal 162.08 Procedure for renewal of application 182.09 Powers of determination 192.09.1 Application may be treated as appeal 192.09.2 No notice of appeal when leave is granted 192.12 Unrepresented appellant 202.13 Registrar may vacate hearing date or refer for dismissal 202.14. Transitional provisions—Supreme Court (Chapter VI

Amendment No. 6) Rules 2011 21

Part 3—Appeals under Division 3 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 21

2.15 Crown appeals 21

Part 4—Applications under Division 5 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 22

2.16 Refusal to reserve question of law—application to show cause 22

2.17 Applicant to file affidavit 22

Part 5—Appeals under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 23

2.17.1 Application of this Part 232.18 Commencement of appeal against finding that accused is

unfit to stand trial 232.19 Commencement of appeal against verdict of not guilty

because of mental impairment 242.20 Application may be treated as appeal 242.21 No notice of appeal when leave is granted 24

Part 6—Applications under Division 7 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 25

2.22 Application for extension of time 252.23 Extension of time before Registrar 252.24 Extension of time—application under section 313(2) 262.25 Application under section 315—refusal of Judge of Appeal

to exercise powers 26

Part 7—Reference to Court of Appeal on petition of mercy 27

2.26 Reference on petition of mercy 27

2

Part 8—Procedures 28

2.27 Time 282.28 Fine and imprisonment in default—fine paid to be retained

pending appeal 282.29 Procedure for appeal where fine and imprisonment in

default 292.30 Pre-hearing conference 302.31 Transcript of trial 302.32 Preservation of exhibits 312.33 Copies of transcript, exhibits etc. 322.34 Return of exhibits after hearing 322.35 Certificate of conviction 332.36 Attendance of appellant 342.38 Bail 352.39 Registrar to notify determination 352.40 Notice of abandonment 362.41 Abandonment 362.42 Report from trial judge 362.43 Original depositions, exhibits etc. 372.44 Witnesses before Court of Appeal—section 318 372.45 Examination other than by court under section 318(2) 382.46 Special commissioners—section 320 402.47 Entitlement to hearing when restitution order or

compensation order made 412.48 Property subject to restitution order or compensation order 412.49 Security may be ordered 422.50 Property subject to order for forfeiture or destruction 422.51 Custody of property of convicted person 422.52 Transfer of prisoners 432.53 Duties of prison officers 432.54 Obligation of prison officers—section 283 appeals 44

Part 9—Other applications to Court of Appeal 46

2.55 Application of Part 462.56 Application by summons 462.57 Service 462.58 Directions hearing 462.59 Court of Appeal may set aside or give directions 47

Order 3—Interlocutory appeals under the Criminal Procedure Act 2009 48

3.01 Application of Order 483.02 Definitions 483.03 Commencement of interlocutory appeal—section 295 483.04 Commencement of application for review of refusal to

certify—section 296 49

3

3.05 Appellant to file affidavit 493.06 Application for leave may be treated as appeal or review 50

Order 3A—Appeals on a question of law 51

3A.01 Application of Order and definitions 513A.02 Commencement of appeal on a question of law 513A.03 Notice of appeal 523A.04 Appellant to file affidavit 533A.05 Directions 543A.06 Leave to appeal 553A.07 Stay 553A.08 Delay and expedition 553A.09 Report 563A.10 Reference by Associate Judge to Judge of the Court 563A.11 Reference by Judge of the Court to Associate Judge 573A.12 Appeal to a Judge of the Court 573A.13 Appeal to the Court of Appeal 57

Order 3B—Appeals under the Children, Youth and Families Act 2005 other than appeals on a question of law 59

3B.01 Application of Order 593B.02 Notice of appeal and undertaking to proceed with appeal 593B.03 Legal practitioner to notify that he or she acts 593B.04 Prothonotary to fix hearing 603B.05 Recording of decision on appeal under section 424 603B.06 Appeal by DPP against sentence 613B.07 Appeal by DPP under section 429A—failure to fulfil

undertaking 623B.08 Abandonment of appeal 623B.09 Order striking out appeal 623B.10 Application to set aside order striking out appeal for failure

to appear 623B.11 Original depositions, exhibits etc. 633B.12 Prothonotary to notify determination 633B.13 Certificate of conviction 643B.14 Fine and imprisonment in default—fine paid to be retained

pending appeal 643B.15 Entitlement to hearing when restitution order or

compensation order made 653B.16 Property subject to restitution order or compensation order 65

Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 66

3C.01 Application of Order 3C 663C.02 Appeal by child against finding of unfitness to be tried 663C.03 Appeal by child against finding of not guilty because of

mental impairment 66

4

3C.04 Appeal by DPP against order for unconditional release 663C.05 Appeal by child against supervision order 673C.06 Appeal by DPP, Attorney-General or Secretary to the

Department of Human Services or Secretary to the Department of Health against supervision order 67

3C.07 Affidavit in support 673C.08 Children's Court recording officer to give Court documents

when required 68

Order 3D—Appeals to Trial Division under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 69

3D.01 Application of this Order 693D.02 Definitions 693D.03 Notice of appeal by offender 693D.04 Appeals by DPP against sentence or failure to fulfil

undertaking 703D.05 Prothonotary to fix date for hearing of appeal 703D.06 Abandonment of appeal 713D.07 Written notice of abandonment of appeal—conviction only 713D.08 Application to set aside an order striking out appeal for

failure to appear 713D.09 Recording and notification of result of appeal 713D.10 Legal practitioner to notify that practitioner acts 72

Order 4—Criminal procedure rules 73

Part 1—Pre-trial criminal procedure 73

4.01 Definitions 734.02 Filing indictment 734.03 Notice to accompany copy indictment—no legal

practitioner representing accused 744.04 Notice by legal practitioner to DPP and CTLD 744.05 Notice by legal practitioner to Prothonotary 754.06 Unrepresented accused 754.07 Questionnaire 764.08 Case conference 76

Part 2—Notices under the Act and general matters 82

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

indictment 824.14 Summons or warrant when direct indictment filed 82

5

Part 3—Authority of judicial registrars under these rules 83

4.15 Authority of judicial registrar at directions hearings 834.16 Limitations on authority of judicial registrar 834.17 Further authority of judicial registrars 844.18 Judicial registrar may constitute Trial Division of Court 854.19 Appeal from determination by a judicial registrar under

this Part 854.20 Judicial registrar may act for another 85

Order 5—Payment of fines rules 86

Part 1—Payment of fines—Sentencing Act 1991 86

5.01 Definitions 865.02 Proper officer 865.03 Application 865.04 Application operates as stay 865.05 Consideration of application 875.06 Service of copy order 875.07 Enforcement of fines against a natural person 875.08 Enforcement of fine against body corporate 88

Part 2—Applications under the Sheriff Act 2009 88

5.09 Application for reinstatement of certain money warrants 885.10 Filing and service of summons 89

Order 6—Confiscation of property and proceeds of crime 90

6.01 Definitions 906.02 Application of this Order 906.03 Making of application to the Court 916.04 Notice and service generally 916.05 Applications for restraining orders and monitoring orders 926.06 Application without notice under the Act 926.07 Other applications generally under Commonwealth Act 926.08 Notice of application 926.09 Filing and directions 936.10 Notice of opposition to an application 946.11 Evidence 946.12 Notice of order or declaration 956.13 Notice of discharge 966.14 Interstate order 976.15 Examination under section 98(2) of the Act 97

Order 7—Surveillance devices rules 98

7.01 Definition 987.02 Application of Order 987.03 Forms of application 98

6

7.04 Filing and service of documents 987.05 Form of surveillance device warrants 987.06 Form of retrieval warrant 987.07 Assistance orders 997.08 Reports under section 30K 99

Order 9—Witness protection rules 101

9.01 Definition 1019.02 Application of Order 1019.03 Application 1019.04 Filing and service of documents 101

Order 10—Applications under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 102

10.01 Definition 10210.02 Application under section 42E 10210.03 Application under section 42L 10210.04 Application under section 42M 10210.05 Application under section 42N 10310.06 Application under section 42P 103

Order 11—Terrorism (community protection) rules 104

11.01 Definition 10411.02 Application of Order 10411.03 Form of application to Court 10411.04 Filing of documents 10411.05 Form of warrant 104

Order 12—Serious sex offenders (detention and supervision) rules 105

12.01 Definition 10512.02 Application of Order 10512.03 Forms of application for supervision order and renewal of

supervision order 10512.04 Form of supervision order 10512.05 Forms of application for detention order and renewal of

detention order 10612.06 Form of detention order 10612.07 Forms of application for interim supervision order and

extension of interim supervision order 10612.08 Forms of application for interim detention order and

extension of interim detention order 10612.09 Forms of interim order and order extending interim order 10712.10 Application for review of orders 10712.11 Applications for leave to review orders 10712.12 Review of conditions of supervision order or interim

supervision order 10812.13 Order for a person to attend for examination 108

7

12.14 Forms of notice of appeal 10812.15 Notice of intention to dispute reports under section 113 of

the Act 10912.16 Filing of documents 109

Order 12A—Sex offenders registration rules 110

12A.01 Definition 11012A.02 Forms of application for exemption from reporting

requirements 11012A.03 Forms of application by Chief Commissioner of Police 11012A.04 Filing of documents 111

Order 13—Major crime (investigative powers) rules 112

13.01 Definition 11213.02 Application of Order 11213.03 Applications made under this Order 11213.04 Form of application for coercive powers order or extension

or variation of order 11213.05 Form of order 11213.05.1 Application for revocation of coercive powers order 11213.05.2 Application objecting to disclosure or production of

protected information at revocation hearing 11313.06 Form of application for witness summons 11313.07 Form of application for order to bring person in custody

before Chief Examiner 11313.08 Application for extension of period to protect matters

specified in section 20(8F)(a) to (d) of the Act 11313.09 Application to determine legal professional privilege 11313.10 Filing of documents 113

Order 14—Assumed identity rules 114

14.01 Definition 11414.02 Application of Order 11414.03 Applications made under this Order 11414.04 Forms of application under the Act 11414.05 Filing of documents 11514.06 Forms of order 115

Order 15—Identity crime rules 116

15.01 Identity crime certificate 11615.02 Notice to prosecutor to assist 116

Order 16—Procedure under the Open Courts Act 2013 117

16.01 Definitions 11716.02 Notice of application for suppression order 117

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Forms 118

Form 6–1A—Subpoena 118

Form 6–1B—Notice to addressee and declaration 124

Form 6–1BA—Subpoena to give evidence (New Zealand) 126

Form 6–1BB—Subpoena to produce documents (New Zealand) 132

Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand) 140

Form 6–1C—General application 149

Form 6–2A—Notice of application for leave to appeal against conviction 150

Form 6–2B—Notice of application for leave to appeal against sentence 153

Form 6–2C—Notice of application for leave to appeal against sentence imposed by County Court on appeal from Magistrates' Court under section 283 of the Criminal Procedure Act 2009 156

Form 6–2D—Notification to applicant of single judge's decision under section 315 of the Criminal Procedure Act 2009 158

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 159

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 161

Form 6–2DC—Notification to appellant of Court of Appeal decision on renewed application 163

Form 6–2E—Application under section 304 of the Criminal Procedure Act 2009 to show cause why a question of law should not be reserved for determination by Court of Appeal 165

Form 6–2F—Notice of application for leave to appeal against finding of unfitness to stand trial 166

Form 6–2G—Notice of application for leave to appeal against mental impairment verdict 169

Form 6–2H—Application for extension of time to *file/*serve notice of appeal or notice of application to appeal 172

Form 6–2I—Notification to applicant of registrar's decision under section 313 of the Criminal Procedure Act 2009 173

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Form 6–2J—Election to have extension of time determined by the Court of Appeal 174

Form 6–2K—Election to have application under section 315 of the Criminal Procedure Act 2009 determined by Court of Appeal 175

Form 6–2L—Recognizance of appellant sentenced to pay a fine (and surety) 176

Form 6–2M—Notification of result of appeal or application 178

Form 6–2N—Notice of abandonment 179

Form 6–2O—Appellant's application for examination of further witness(es) 180

10

Form 6–2P—Notice to witness to attend before examiner 181

Form 6–2Q—Notice to prisoner who wishes to appeal 182

Form 6–2R—Information for persons upon whom a sentence of imprisonment has been imposed by the County Court upon appeal from the Magistrates' Court in substitution for other sentence imposed by the Magistrates' Court 183

Form 6–3A—Notice of application for leave to appeal against interlocutory decision 184

Form 6–3B—Notice of application for review of refusal of judge to certify under section 295(3) of Criminal Procedure Act 2009 186

Form 6–3BA—Notice of appeal and undertaking to proceed 187

Form 6–3BB—Notice of Supreme Court's decision on appeal 189

Form 6–3BC—Notice of appeal by DPP against sentence imposed by Children's Court 190

Form 6–3BD—Notice of appeal by DPP under section 429a of Children, Youth and Families Act 2005—failure to fulfil undertaking 191

Form 6–3BE—Notice of abandonment of appeal under section 430c of the Children, Youth and Families Act 2005 192

Form 6–3BF—Written notice of abandonment of appeal—conviction only—section 430c(3) of the Children, Youth and Families Act 2005 193

Form 6–3BG—Order striking out appeal 194

Form 6–3BH—Application to set aside order striking out appeal for failure to appear 195

Form 6–3BI—Notification of result of appeal under Division 1 or 2 of Part 5.4 of Chapter 5 of the Children, Youth and Families Act 2005 196

Form 6–3CA—Notice of appeal by a 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 an order for unconditional release 201

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

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Form 6–3CE—Notice of appeal by *DPP/*Attorney-General/*Secretary to the Department of Human Services/*Secretary to the Department of Health against supervision order 205

Form 6–3DA—Notice of appeal 207

Form 6–3DB—Notice under section 255(6)(a) of the Criminal Procedure Act 2009 for proposed appellant 211

Form 6–3DC—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 212

Form 6–3DD—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 214

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 219

Form 6–3DH—Result of appeal form 221

Form 6–4A—Notice to accused under section 171 of the Criminal Procedure Act 2009 222

Form 6–4B—Notice that legal practitioner acts 223

Form 6–4C—Notice that legal practitioner has ceased to act 224

Form 6–4D—Questionnaire 225

Form 6–4E—Notice of alibi 226

Form 6–4F—Notice of intention to plead guilty to one or more remaining charges in indictment 227

Form 6–4G—Summons 228

Form 6–4H—Warrant to arrest 229

Form 6–5A—Application for instalment order/Time to pay order/Variation of instalment order or time to pay order/Fine conversion order 231

Form 6–5B—Notice about the procedure for enforcement of fines 233

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

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Form 6–5F—Notice about the procedure for enforcement of a fine (bodies corporate) 238

Form 6–5G—Summons—Application under section 28 of the Sheriff Act 2009 239

Form 6–6A—Application under section [insert relevant section and relevant Act] for restraining order 240

Form 6–6B—Notice of application made under section 16 243

Form 6–6C—Notice of application to be made under section 20 for exclusion order 244

Form 6–6D—Notice of application to be made under section 26 for further orders 246

Form 6–6E—Notice of application to be made under section 32 for forfeiture order 248

Form 6–6F—Notice of application to be made under section 37 for civil forfeiture order 251

Form 6–6G—Notice of application to be made under section 45 for relief from hardship 253

Form 6–6H—Notice of application to be made under part 6 of the confiscation act for exclusion order 255

Form 6–6J—Notice of application to be made under section 58 for pecuniary penalty order 258

Form 6–6K—Notice of application to be made under section 63 for pecuniary penalty order 260

Form 6–6L—Notice of application to be made under section [insert number] of the Confiscation Act 1997 263

Form 6–6LA—Notice of opposition to application 265

Form 6–6M—Important note 266

Form 6–6N—Notice of discharge of forfeiture 267

Form 6–6O—Application under section [insert relevant section and relevant Act] for monitoring order 269

Form 6–7A—Application for warrant 271

Form 6–7B—Application for retrieval warrant 273

Form 6–7C—Application for assistance order 275

Form 6–7D—Warrant 277

Form 6–7E—Retrieval warrant 280

13

Form 6–7F—Assistance order 283

Form 6–7G—Endorsement of assistance order 284

Form 6–9A—Application 284

Form 6–10A—Notice of application under section 42l of the Evidence (Miscellaneous Provisions) Act 1958 285

Form 6–10B—Notice of application under section 42m, 42n or 42p of the Evidence (Miscellaneous Provisions) Act 1958 286

Form 6–11A—Application for covert search warrant 287

Form 6–11B—Covert search warrant 288

Form 6–12A—Application for supervision order 290

Form 6–12B—Application for renewal of supervision order 292

Form 6–12C—Supervision order 294

Form 6–12D—Application for detention order 296

Form 6–12E—Application for renewal of detention order 298

Form 6–12F—Detention order 300

Form 6–12G—Application for interim supervision order 302

Form 6–12H—Application for extension of interim supervision order 304

Form 6–12I—Application for interim detention order 306

Form 6–12J—Application for extension of interim detention order 308

Form 6–12K—Interim supervision order 310

Form 6–12L—Order extending interim supervision order 312

Form 6–12M—Interim detention order 313

Form 6–12N—Order extending interim detention order 314

Form 6–12O—Application by secretary for review of supervision order 315

Form 6–12P—Application by DPP for review of detention order 316

Form 6–12Q—Application for leave to apply for review of supervision order 317

Form 6–12R—Application for leave to apply for review of detention order 319

Form 6–12S—Application for leave to apply for review of conditions of supervision order or interim supervision order 321

14

Form 6–12T—Order to attend for examination 323

Form 6–12U—Notice of appeal by offender 324

Form 6–12V—Notice of appeal by secretary to the department of justice 327

Form 6–12W—Notice of appeal by director of public prosecutions 329

Form 6–12X—Notice of appeal relating to publication of information 331

Form 6–12Y—Notice of intention to dispute assessment report, progress report or other report to Court 332

Form 6–12AA—Application for suspension of registrable offender's reporting obligations 334

Form 6–12AB—Application for new order suspending registrable offender's reporting obligations 335

Form 6–12AC—Application by Chief Commissioner of Police for suspension of registrable offender's reporting obligations 336

Form 6–12AD—Application by Chief Commissioner of Police for revocation of order suspending registrable offender's reporting obligations 337

Form 6–13A—Application for coercive powers order 338

Form 6–13B—Coercive powers order 340

Form 6–13BA—Application for revocation of coercive powers order 342

Form 6–13BB—Application objecting to disclosure or production of protected information at revocation hearing for coercive powers order 343

Form 6–13C—Application for issue of witness summons 345

Form 6–13D—Application for order under section 18(2) of the Major Crime (Investigative Powers) Act 2004 347

Form 6–13E—Application for extension of period of notice confidential document 348

Form 6–13F—Application to determine legal professional privilege 349

Form 6–14A—Application 350

Form 6–14B—Application 351

Form 6–14C—Order 352

Form 6–14D—Order 353

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Form 6–15A—Identity crime certificate 354

Form 6–15B—Notice to appear under section 89h of the Sentencing Act 1991 355

Form 6–16A—Notice of application for suppression order 356

Schedule—Revoked Statutory Rules 357

═══════════════

Endnotes 359

1 General information 359

2 Table of Amendments 361

3 Amendments Not in Operation 363

4 Explanatory details 364

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Version No. 024

Supreme Court (Criminal Procedure) Rules 2008

S.R. No. 12/2008

Version incorporating amendments as at1 September 2016

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 2008.

(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 68 of the Sentencing Act 1991;

(d) section 50 of the Interpretation of Legislation Act 1984;

1

Rule 1.01(2) amended by S.R. No. 132/2009 rule 5(1).

Rule 1.02(b) amended by S.R. No. 132/2009 rule 5(2).

Rule 1.02(d) amended by S.R. No. 132/2009 rule 5(3)(a).

(e) the Criminal Procedure Act 2009;

(f) all other enabling powers.

1.03 Commencement and revocation

(1) These Rules come into operation on 25 March 2008.

(2) The Rules set out in the Schedule 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

In these Rules, unless the context or subject matter otherwise requires—

appellant includes applicant for leave to appeal;

* * * * *

2

Rule 1.02(e) substituted by S.R. No. 132/2009 rule 5(3)(b).

Rule 1.02(f) inserted by S.R. No. 132/2009 rule 5(3)(b).

Rule 1.05 amended by S.R. No. 118/2008 rule 5(a).

Rule 1.05 def. of appellant inserted by S.R. No. 6/2011 rule 5.

Rule 1.05 def. of barrister inserted by S.R. No. 132/2009 rule 6(a), revoked by S.R. No 143/2015 rule 5.

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;

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.

* * * * *

1.06 Registrar of Criminal Appeals

3

Rule 1.05 def. of DPP inserted by S.R. No. 6/2011 rule 5.

Rule 1.05 def. of legal practitioner inserted by S.R. No. 132/2009 rule 6(a).

Rule 1.05 def. of Registrar inserted by S.R. No. 118/2008 rule 5(b), amended by S.R. Nos 132/2009 rule 6(c), 148/2010 rule 11.

Rule 1.05 def. of solicitor revoked by S.R. No. 132/2009 rule 6(b).

Rule 1.06 amended by S.R. No. 148/2010 rule 12 (ILA s. 39B(2)).

* * * * *

(2) 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.

(3) The Registrar may nominate one or more suitably qualified officers of the Court of Appeal employed under section 106 of the Act 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.

(4) An officer referred to in paragraph (3) may exercise the powers and functions of the Registrar in relation to the powers and functions delegated to him or her.

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.

4

Rule 1.06(1) revoked by S.R. No. 6/2011 rule 6(1).

Rule 1.06(2) inserted by S.R. No. 148/2010 rule 12.

Rule 1.06(3) inserted by S.R. No. 148/2010 rule 12.

Rule 1.06(4) inserted by S.R. No. 148/2010 rule 12.

Rule 1.06.1 (Heading) amended by S.R. No. 132/2009 rule 7(1).Rule 1.06.1 inserted by S.R. No. 118/2008 rule 6, amended by S.R. No. 132/2009 rule 7(2).

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.

1.09 Process in vacation

In calculating the time fixed by or under these Rules, the period from 24 December to

5

Note to rule 1.08(2) inserted by S.R. No. 132/2009 rule 8.

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

6

Rule 1.11(2)(a) amended by S.R. No. 6/2011 rule 6(2).

Court or the Prothonotary, Deputy Prothonotary or Registrar (as the case requires) so directs.

1.12 Subpoenas

(1) Subject to this Rule and Rule 1.12.1, Order 42 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 a proceeding to which these Rules relate (except an appeal or an application for leave to appeal), a subpoena shall be in accordance with Form 6–1A.

(3) 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.

(4) In a proceeding to which these Rules relate, the issuing party must attach to the front of a subpoena to produce to be served on the addressee a notice and declaration in accordance with Form 6–1B.

(5) The addressee must—

(a) complete the notice and declaration referred to in paragraph (4); and

(b) attach it to the subpoena or copy of the subpoena which accompanies the documents produced to the Court under the subpoena.

(6) Subject to paragraph (7), 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.

7

Rule 1.12(1) amended by S.R. Nos 132/2009 rule 9(1), 23/2010 rule 10(1), 39/2012 rule 6.

Rule 1.12(3) inserted by S.R. No. 132/2009 rule 9(2).

Rule 1.12(4) inserted by S.R. No. 23/2010 rule 10(2).

Rule 1.12(5) inserted by S.R. No. 23/2010 rule 10(2).

Rule 1.12(6) inserted by S.R. No. 23/2010 rule 10(2).

(7) The Prothonotary may cause to be destroyed those documents declared by the addressee to be copies which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.

1.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010

(1) In relation to a criminal proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies, Order 7A of Chapter I applies with any necessary modification to a proceeding to which these Rules relate, except an appeal or an application for leave to appeal.

(2) In relation to a criminal proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies (except an appeal or an application for leave to appeal) a subpoena shall be in accordance with—

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

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

(c) Form 6-1BC, for a subpoena to give evidence and produce documents.

(3) A subpoena in a criminal proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies shall be served personally by giving a copy of the subpoena to the person to be served.

1.12.2 Procedure under the Vexatious Proceedings Act 2014

Order 83 of Chapter I applies with any necessary modification to, and in relation to, a proceeding to which these Rules relate.

1.13 Authentication

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Rule 1.12(7) inserted by S.R. No. 23/2010 rule 10(2).

Rule 1.12.1 inserted by S.R. No. 39/2012 rule 7.

Rule 1.12.2 inserted by S.R. No. 206/2014 rule 8.

(1) A judgment or order of the Court in a proceeding to which these Rules relate may be authenticated in accordance with this Rule.

(2) Subject to paragraph (3), a judgment or order of the Court is authenticated when the judgment or order, having been drawn up, is signed by a Judge of the Court, an Associate Judge or a judicial registrar, as the case requires, or sealed by the Prothonotary.

(3) In a proceeding in the Court of Appeal, a judgment or order of the Court is authenticated when the judgment or order, having been drawn up, is signed by a member of the Court of Appeal or the Registrar.

1.14 Amendment of judgment or order

For the sake of removing doubt, it is declared that the inherent power of the Court to correct a clerical mistake in a judgment or order or an error arising in a judgment or order from any accidental slip or omission may be exercised at any time.

1.15 Effect of non-compliance and dispensing with compliance

(1) A failure to comply with these Rules is an irregularity and does not render a proceeding or step taken, or any document, judgment or order in a proceeding a nullity.

(2) The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.

9

Rule 1.13(2) amended by S.R. Nos 100/2008 rule 23, 39/2015 rule 5.

Rule 1.13(3) amended by S.R. No. 6/2011 rule 6(3).

Rule 1.15 (Heading) amended by S.R. No. 132/2009 rule 10(1).

(2.1) 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.

(3) Except as provided by these Rules, a failure to comply with these Rules or with any rule of practice in force under the Criminal Procedure Act 2009 shall not prevent the prosecution of an appeal or an application for leave to appeal if the Court considers that, in the interests of justice, the failure should be waived or remedied and the matter proceed.

1.16 Exercise of jurisdiction by Judge of the Court or Court of Appeal

Unless these Rules specifically provide otherwise, any application and the exercise of any powers and authorities in relation to a proceeding or any other matter to which these Rules apply shall be heard and determined by the Trial Division constituted by a Judge of the Court or the Court of Appeal, as the case requires.

1.17 Notices to be signed

Subject to the Criminal Procedure Act 2009 and to these Rules, a notice given under these Rules shall be signed—

(a) by the appellant;

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

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

10

Rule 1.15(2.1) inserted by S.R. No. 148/2010 rule 13.

Rule 1.15(3) inserted by S.R. No. 132/2009 rule 10(2).

Rule 1.16 inserted by S.R. No. 100/2008 rule 24.

Rule 1.17 inserted by S.R. No. 132/2009 rule 11.

Rule 1.17(a) amended by S.R. No. 6/2011 rule 7.

Rule 1.17(b) amended by S.R. No. 6/2011 rule 7.

Rule 1.17(c) amended by S.R. No. 6/2011 rule 7.

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 6–1C may be used with such modification as is necessary.

__________________

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Rule 1.18 inserted by S.R. No. 55/2010 rule 5.

ORDER 2—CRIMINAL APPEALS

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.

(2) In this Order, unless the context or subject matter otherwise requires—

Crown appeal means an appeal brought by the DPP;

examiner means a person appointed by the Court of Appeal under section 318 of the Act;

exhibit includes—

(a) all books, papers and documents and all other property connected with the proceedings against any person entitled

Order 2 (Headings and rules 2.01–2.35) amended by S.R. Nos 118/2008 rules 7, 8, 150/2008 rule 4, substituted as Order 2 (Headings and rules 2.01–2.54) by S.R. No. 132/2009 rule 12 (as amended by S.R. No. 145/2009 rules 4–6(1)).

Rule 2.01 substituted by S.R. No. 132/2009 rule 12(as amended by S.R. No. 145/2009 rule 4).

Rule 2.01(2) def. of Crown appeal amended by S.R. No. 6/2011 rule 8.

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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;

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 (3), 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.

Rule 2.02 substituted by S.R. No. 132/2009 rule 12, amended by S.R. No. 6/2011 rule 9.

Rule 2.03 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 10.

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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.

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 e-mail 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

Rule 2.04 substituted by S.R. No. 132/2009 rule 12.

Rule 2.04(1)(b) amended by S.R. No. 48/2013 rule 7.

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(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.

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.

(2) An application for leave to appeal against sentence under section 278 of the Act is commenced by filing with the Registrar a notice of application for leave to appeal in Form 6–2B.Note

Section 279(1) of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced, subject to any extension under section 313 of the Act.

Rule 2.05 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 11.

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(3) An application for leave to appeal against sentence under section 283 of the Act is commenced by filing with the Registrar a notice of application for leave to appeal in Form 6–2C.Note

Section 284 of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced by the County Court, subject to any extension under section 313 of the Act.

(4) A notice of application for leave to appeal shall—

(a) state each ground of appeal specifically and concisely, and not merely in general terms; and

(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.

Rule 2.06 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 11.

Rule 2.07 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 11.

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(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.

(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.

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(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.

(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.

Rule 2.08 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 11.

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(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.

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).

2.09.1 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.

2.09.2 No notice of appeal when leave is granted

Rule 2.09 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 11.

Rule 2.09.1 inserted by S.R. No. 6/2011 rule 11.

Rule 2.09.2 inserted by S.R. No. 6/2011 rule 11.

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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—

(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).

Rule 2.10 substituted by S.R. No. 132/2009 rule 12, revoked by S.R. No. 6/2011 rule 12.

Rule 2.11 substituted by S.R. No. 132/2009 rule 12, revoked by S.R. No. 6/2011 rule 13.Rule 2.12 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 14.

Rule 2.13 substituted by S.R. Nos 132/2009 rule 12(as amended by S.R. No. 145/2009 rule 5), 6/2011 rule 15.

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2.14. Transitional provisions—Supreme Court (Chapter VI Amendment No. 6) Rules 2011

(1) Subject to any direction of the Registrar or the Court, these Rules as in force on and from 28 February 2011 apply to any application for leave to appeal or any appeal commenced but not determined before 28 February 2011.

(2) The Court of Appeal may reinstate any appeal or application for leave to appeal which stood dismissed under Rule 2.13 as in force immediately before 28 February 2011 in accordance with that Rule as if it had not been substituted by the Supreme Court (Chapter VI Amendment No. 6) Rules 2011.

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

2.15 Crown appeals

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

(a) be filed with the Registrar;

(b) state each ground of appeal specifically and concisely and not merely in general terms; and

(c) be accompanied by a written case in support of the appeal in accordance with any applicable Practice Direction.

Note

Section 288(1) of the Act requires the notice of appeal to be filed within 28 days after the day on which the sentence is imposed, subject to any extension under section 313 of the Act.

Rule 2.14 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 16.

Rule 2.15 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 17.

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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 with any applicable Practice Direction.

(5) The notice of appeal may be amended only with leave of the Court of Appeal.

PART 4—APPLICATIONS UNDER DIVISION 5 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 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.

2.17 Applicant to file affidavit

Rule 2.16 substituted by S.R. No. 132/2009 rule 12.

Rule 2.17 substituted by S.R. No. 132/2009 rule 12.

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(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 commenced by filing with the Registrar a notice of application for leave to appeal in Form 6–2F.Note

Section 14A(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 requires the notice of

Rule 2.17(1)(a) amended by S.R. No. 6/2011 rule 18.

Rule 2.17(2)(a) amended by S.R. No. 6/2011 rule 18.

Rule 2.17.1 inserted by S.R. No. 207/2014 rule 5.

Rule 2.18 substituted by S.R. No. 132/2009 rule 12.

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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.

Rule 2.18(2) amended by S.R. No. 6/2011 rule 19(1).

Rule 2.19 substituted by S.R. No. 132/2009 rule 12.

Rule 2.19(2) amended by S.R. No. 6/2011 rule 19(1).

Rule 2.20 substituted by S.R. No. 132/2009 rule 12.

Rule 2.21 substituted by S.R. No. 132/2009 rule 12.

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PART 6—APPLICATIONS UNDER DIVISION 7 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009

2.22 Application for extension of time

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

Rule 2.22 substituted by S.R. No. 132/2009 rule 12.

Rule 2.23 substituted by S.R. No. 132/2009 rule 12.

Rule 2.23(2) amended by S.R. No. 6/2011 rule 20(a).

Rule 2.23(3)(a) amended by S.R. No. 6/2011 rule 20(b).

Rule 2.23(4) amended by S.R. No. 6/2011 rule 20(c).

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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.

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.

Rule 2.24 substituted by S.R. Nos 132/2009 rule 12, 6/2011 rule 21.

Rule 2.25 substituted by S.R. No. 132/2009 rule 12.

Rule 2.25(1)(b) amended by S.R. No. 6/2011 rule 22(1).

Rule 2.25(2) amended by S.R. No. 6/2011 rule 22(2).

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(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—

(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.

Rule 2.25(4)(b) amended by S.R. No. 6/2011 rule 22(3).

Rule 2.25(5)(a) amended by S.R. No. 6/2011 rule 22(4).

Rule 2.26 substituted by S.R. No. 132/2009 rule 12.

Rule 2.26(1) amended by S.R. No. 6/2011 rule 23(1).

Rule 2.26(2) substituted by S.R. No. 6/2011 rule 23(2).

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(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.

(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

Rule 2.27 substituted by S.R. No. 132/2009 rule 12.

Rule 2.27(3) amended by S.R. No. 6/2011 rule 24.

Rule 2.28 substituted by S.R. No. 132/2009 rule 12.

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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.

(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—

Rule 2.29 substituted by S.R. No. 132/2009 rule 12.

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(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.

2.30 Pre-hearing conference

* * * * *

(2) 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.

(3) If the appellant is not represented and is in custody, the Registrar may conduct any pre-hearing conference with the parties separately.

(4) In relation to a Crown appeal, paragraph (3) 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

Rule 2.30 substituted by S.R. No. 132/2009 rule 12.

Rule 2.30(1) revoked by S.R. No. 6/2011 rule 25(1).

Rule 2.30(2) substituted by S.R. No. 6/2011 rule 25(2).

Rule 2.31 substituted by S.R. No. 132/2009 rule 12.

Rule 2.31(1) amended by S.R. Nos 146/2009 rule 10(1), 6/2011 rule 26(1).

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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 he or she directs; and

(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—

Rule 2.31(3)(b) amended by S.R. No. 146/2009 rule 10(2).

Rule 2.31(4) revoked by S.R. No. 6/2011 rule 26(2).

Rule 2.32 substituted by S.R. No. 132/2009 rule 12.

Rule 2.32(1) amended by S.R. No. 6/2011 rule 27(1)(a).

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(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 his or her legal practitioner or representative—

(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);

(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

Rule 2.32(1)(b) amended by S.R. No. 6/2011 rule 27(1)(b).

Rule 2.32(3) amended by S.R. No. 6/2011 rule 27(2).

Rule 2.33 substituted by S.R. No. 132/2009 rule 12, amended by S.R. No. 6/2011 rule 28(1).

Rule 2.34 substituted by S.R. No. 132/2009 rule 12.

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(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.

(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.

Rule 2.34(3) amended by S.R. No. 6/2011 rule 28(2).

Rule 2.35 substituted by S.R. No. 132/2009 rule 12.

Rule 2.35(1)(a) amended by S.R. No. 55/2010 rule 6.

Rule 2.35(1)(b) amended by S.R. No. 6/2011 rule 29.

Rule 2.35(3) amended by S.R. No. 55/2010 rule 6.

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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, he or she 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".

(5) 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.

(6) For the purposes of paragraph (5), the powers of the Court of Appeal to make an order referred to in that paragraph are delegated to the Registrar.

* * * * *

Rule 2.36 inserted by S.R. No. 132/2009 rule 12.

Rule 2.36(1) substituted by S.R. No. 6/2011 rule 30.

Rule 2.36(5) inserted by S.R. No. 120/2011 rule 4.

Rule 2.36(6) inserted by S.R. No. 120/2011 rule 4.

Rule 2.37 inserted by S.R. No. 132/2009 rule 12, revoked by S.R. No. 6/2011 rule 31.

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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

(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.

Rule 2.38 inserted by S.R. No. 132/2009 rule 12.

Rule 2.38(1) amended by S.R. No. 6/2011 rule 32.

Rule 2.39 inserted by S.R. No. 132/2009 rule 12, substituted by S.R. No. 6/2011 rule 33.

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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 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

(1) 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—

Rule 2.40 inserted by S.R. No. 132/2009 rule 12.

Rule 2.41 inserted by S.R. No. 132/2009 rule 12.

Rule 2.41(2) revoked by S.R. No. 6/2011 rule 34.

Rule 2.42 inserted by S.R. No. 132/2009 rule 12.

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(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.

(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

Rule 2.42(3) substituted by S.R. No. 6/2011 rule 35.

Rule 2.42(4) inserted by S.R. No. 6/2011 rule 35.Rule 2.43 inserted by S.R. No. 132/2009 rule 12.

Rule 2.44 inserted by S.R. No. 132/2009 rule 12.

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(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.

(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

Rule 2.44(4) substituted by S.R. No. 55/2010 rule 7.

Rule 2.45 inserted by S.R. No. 132/2009 rule 12(as amended by S.R. No. 145/2009 rule 6(1)).

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(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.

(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

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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) The Court of Appeal, by order, may appoint a special commissioner under section 320 of the Act.

(2) An order under paragraph (1) shall specify—

(a) the person who is to be the special commissioner; and

(b) the question referred to the special commissioner.

(3) An order under 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

Rule 2.46 inserted by S.R. No. 132/2009 rule 12.

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(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 under section 320 does not give directions as to any of the matters referred to in paragraph (1), 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 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—

(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—

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.

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

Rule 2.47 inserted by S.R. No. 132/2009 rule 12.

Rule 2.48 inserted by S.R. No. 132/2009 rule 12.

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(b) as to the production of any such property or money sum at an appeal.

2.49 Security may be ordered

(1) If the trial judge makes an order referred to in section 311(1) of the Act for restitution or for the payment of compensation, the trial judge may direct that the order take effect immediately unless security is given to the satisfaction of the person in whose favour the order is made.

(2) A direction under paragraph (1) may be given notwithstanding that the order would otherwise be stayed under section 311 of the Act or Rule 2.48.

2.50 Property subject to order for forfeiture or destruction

For the purposes of section 312(3) of the Act, the trial judge or the Court of Appeal may give any direction considered proper—

(a) for securing the safe custody during the appeal period of property the subject of a forfeiture order or destruction order; or

(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.

Rule 2.49 inserted by S.R. No. 132/2009 rule 12.

Rule 2.50 inserted by S.R. No. 132/2009 rule 12.

Rule 2.51 inserted by S.R. No. 132/2009 rule 12.

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2.52 Transfer of prisoners

The Secretary to the Department of Justice 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—

* * * * *

(b) if the person wishes to appeal against conviction, the person may do so with the leave of the Court of Appeal;

(c) 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;

(d) 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;

(e) applications for leave to appeal are determined without an oral hearing unless

Rule 2.52 inserted by S.R. No. 132/2009 rule 12.

Rule 2.53 inserted by S.R. No. 132/2009 rule 12.

Rule 2.53(1)(a) revoked by S.R. No. 55/2010 rule 8(a).

Rule 2.53(1)(b) amended by S.R. No. 55/2010 rule 8(b).

Rule 2.53(1)(c) amended by S.R. Nos 55/2010 rule 8(c), 6/2011 rule 36(1)(a).

Rule 2.53(1)(d) amended by S.R. No. 6/2011 rule 36(1)(b).

Rule 2.53(1)(e) inserted by S.R. No. 6/2011 rule 36(1)(c).

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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 to attend or appear at the hearing of the appeal or application for leave to appeal or, 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 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 257, 259 or 262 of the Act substitutes a sentence of imprisonment

Rule 2.53(2)(a) amended by S.R. No. 6/2011 rule 36(2).

Rule 2.53(4) substituted by S.R. No. 6/2011 rule 36(3).

Rule 2.54 inserted by S.R. No. 132/2009 rule 12.

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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.

__________________

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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.

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.

Order 2 Pt 9 (Heading and rules 2.55–2.59) inserted by S.R. No. 55/2010 rule 9.

Rule 2.55 inserted by S.R. No. 55/2010 rule 9.

Rule 2.56 inserted by S.R. No. 55/2010 rule 9.

Rule 2.57 inserted by S.R. No. 55/2010 rule 9.

Rule 2.58 inserted by S.R. No. 55/2010 rule 9.

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(2) The Registrar may make such order for costs as he or she thinks fit in relation to the exercise of any power conferred upon him or her 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.

__________________

Rule 2.59 inserted by S.R. No. 55/2010 rule 9.

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ORDER 3—INTERLOCUTORY APPEALS UNDER THE CRIMINAL PROCEDURE ACT 2009

3.01 Application of Order

This Order applies to appeals under Division 4 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009.

3.02 Definitions

In this Order, unless the context or subject matter otherwise requires—

the Act means the Criminal Procedure Act 2009.

3.03 Commencement of interlocutory appeal—section 295

(1) An appeal under section 295 of the Act against an interlocutory decision made in a proceeding is commenced by filing with the Registrar a notice of application for leave to appeal in Form 6–3A.Note

Section 298(1) of the Act sets out the time limits for filing the notice of application for leave to appeal, subject to any extension under section 313 of the Act.

(2) A notice of application for leave to appeal shall state in precise terms the grounds on which it is sought to appeal.

Order 3 (Heading and rules 3.01–3.07) substituted as Order 3 (Heading and rules 3.01–3.06) by S.R. No. 132/2009 rule 13.

Rule 3.01 substituted by S.R. No. 132/2009 rule 13.

Rule 3.02 substituted by S.R. No. 132/2009 rule 13.

Rule 3.03 substituted by S.R. No. 132/2009 rule 13.

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3.04 Commencement of application for review of refusal to certify—section 296

(1) An application for review under section 296 of the Act is commenced by filing with the Registrar a notice of application for review in Form 6–3B.Note

Section 296 of the Act sets out the time limits for filing the notice of application for review, subject to any extension under section 313 of the Act.

(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.

Rule 3.04 substituted by S.R. No. 132/2009 rule 13.

Rule 3.05 substituted by S.R. No. 132/2009 rule 13.

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(3) There shall be included as exhibits to the 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—

or their absence as exhibits shall be accounted for in the affidavit.

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.

__________________

Rule 3.06 substituted by S.R. No. 132/2009 rule 13.

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ORDER 3A—APPEALS ON A QUESTION OF LAW

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.

(2) In this Order, unless the context or subject matter otherwise requires, the Act means the Criminal Procedure Act 2009.

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

An appeal to which this Order applies is commenced by filing a notice of appeal in the Trial Division.Note

Section 272(3) of the Criminal Procedure Act 2009 and section 430P of the Children, Youth and Families Act

Order 3A (Heading and rules 3A.01–3A.09) inserted by S.R. No. 132/2009 rule 13 (as amended by S.R. No. 145/2009 rule 6(2)).

Rule 3A.01 inserted by S.R. No. 132/2009 rule 13, substituted by S.R. No. 55/2010 rule 15.

Rule 3A.02 inserted by S.R. No. 132/2009 rule 13, substituted by S.R. No. 55/2010 rule 15.

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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;

(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.

Rule 3A.03 inserted by S.R. No. 132/2009 rule 13.

Rule 3A.03(1) amended by S.R. No. 55/2010 rule 16(1)(a).

Rule 3A.03(2)(a) amended by S.R. No. 55/2010 rule 16(1)(b).

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(3) The requirements under paragraph (2) are in addition to the requirements of—

(a) section 272(4) and (5) of the Act, in the case of an appeal or application for leave to appeal under Part 6.2 of Chapter 6 of the Act; and

(b) section 430P(4) and (5) of the Children, Youth and Families Act 2005, in the case of an appeal or application for leave to appeal under Division 5 of Part 5.4 of Chapter 5 of that Act.

(4) The Court may give leave to amend the grounds of appeal or make any other order to ensure the proper determination of the appeal.

3A.04 Appellant to file affidavit

(1) Within seven days after filing notice of appeal, the appellant shall file an affidavit stating the acts, facts, matters and circumstances relating to—

(a) the order under appeal;

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

(c) if leave to appeal is needed, why leave to appeal should be given.

(2) There shall be included as exhibits to the affidavit—

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

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

or their absence as exhibits shall be accounted for in the affidavit.

Rule 3A.03(3) substituted by S.R. No. 55/2010 rule 16(2).

Rule 3A.04 inserted by S.R. No. 132/2009 rule 13.

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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.

(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 his or her 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.

Rule 3A.05 inserted by S.R. No. 132/2009 rule 13.

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(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.

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

Rule 3A.06 inserted by S.R. No. 132/2009 rule 13.

Note to rule 3A.06 amended by S.R. No. 55/2010 rule 17.

Rule 3A.07 inserted by S.R. No. 132/2009 rule 13.

Note to rule 3A.07 amended by S.R. No. 55/2010 rule 18.

Rule 3A.08 inserted by S.R. No. 132/2009 rule 13 (as amended by S.R. No. 145/2009 rule 6(2)).

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(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.

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.

Rule 3A.09 inserted by S.R. No. 132/2009 rule 13, amended by S.R. No. 55/2010 rule 19.

Rule 3A.10 inserted by S.R. No. 40/2015 rule 4.

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(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.

(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

Rule 3A.11 inserted by S.R. No. 40/2015 rule 4.

Rule 3A.12 inserted by S.R. No. 40/2015 rule 4.

Rule 3A.13 inserted by S.R. No. 40/2015 rule 4.

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(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

(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.

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ORDER 3B—APPEALS UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005 OTHER THAN APPEALS ON A

QUESTION OF LAW

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 he or she 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

Order 3B (Heading and rules 3B.01–3B.05) inserted by S.R. No. 132/2009 rule 13, substituted as Order 3B (Heading and rules 3B.01–3B.16) by S.R. No. 55/2010 rule 20.

Rule 3B.01 substituted by S.R. No. 55/2010 rule 20.

Rule 3B.02 substituted by S.R. No. 55/2010 rule 20.

Rule 3B.03 substituted by S.R. No. 55/2010 rule 20.

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writing that he or she so acts and furnish 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.

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; or

(b) 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.

Rule 3B.04 substituted by S.R. No. 55/2010 rule 20.

Rule 3B.05 substituted by S.R. No. 55/2010 rule 20.

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(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.

(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

Rule 3B.06 inserted by S.R. No. 55/2010 rule 20.

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sentence and requires service of a copy on the respondent within 7 days of being filed.

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

A notice of appeal under section 429B of the Children, Youth and Families Act 2005 shall be in Form 6–3BD.Note

Section 429B(2) of the Children, Youth and Families Act 2005 provides for the notice of appeal to be served personally on the respondent within 14 days after the notice is filed in the Children's Court.

3B.08 Abandonment of appeal

(1) A notice of abandonment of appeal shall be in Form 6–3BE.

(2) Written notice under section 430C(3) of the Children, Youth and Families Act 2005 shall be in Form 6–3BF.

(3) When a notice of abandonment of appeal is filed, the Prothonotary shall make an order striking out the appeal.

3B.09 Order striking out appeal

(1) An order under section 430C or 430D of the Children, Youth and Families Act 2005 striking out an appeal shall be in Form 6–3BG.

(2) The Prothonotary shall cause a copy of the order to be forwarded to the registrar of the Children's Court at the venue of the court from which the appeal was brought.

3B.10 Application to set aside order striking out appeal for failure to appear

An application to set aside an order striking out an appeal because of the failure of the appellant to appear may be in Form 6–3BH.

Rule 3B.07 inserted by S.R. No. 55/2010 rule 20.

Rule 3B.08 inserted by S.R. No. 55/2010 rule 20.

Rule 3B.09 inserted by S.R. No. 55/2010 rule 20.

Rule 3B.10 inserted by S.R. No. 55/2010 rule 20.

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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

(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.

3B.13 Certificate of conviction

Rule 3B.11 inserted by S.R. No. 55/2010 rule 20.

Rule 3B.12 inserted by S.R. No. 55/2010 rule 20.

Rule 3B.13 inserted by S.R. No. 55/2010 rule 20.

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(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.

3B.15 Entitlement to hearing when restitution order or compensation order made

Rule 3B.14 inserted by S.R. No. 55/2010 rule 20.

Rule 3B.15 inserted by S.R. No. 55/2010 rule 20.

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If an order referred to in section 430Z(1) of the Children, Youth and Families Act 2005 was made at a trial—

(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—

may be heard by the Court before any direction under section 430Z(2) of that Act is given.

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

For the purposes of section 430Z(5) of the Children, Youth and Families Act 2005, the Court may give any direction considered proper—

(a) for securing the safe custody during the appeal period of property or of a money sum the subject of a restitution order or compensation order; or

(b) as to the production of any such property or money sum at an appeal.

__________________

Rule 3B.16 inserted by S.R. No. 55/2010 rule 20.

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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 Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CA.

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

A notice of appeal to the Trial Division under section 38ZE(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CB.

3C.04 Appeal by DPP against order for unconditional release

A notice of appeal to the Trial Division under section 38ZF(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CC.

Order 3C (Heading and rules 3C.01–3C.08) inserted by S.R. No. 207/2014 rule 6.

Rule 3C.01 inserted by S.R. No. 207/2014 rule 6, substituted by S.R. No. 105/2016 rule 5.

Rule 3C.02 inserted by S.R. No. 207/2014 rule 6.

Rule 3C.03 inserted by S.R. No. 207/2014 rule 6.

Rule 3C.04 inserted by S.R. No. 207/2014 rule 6.

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3C.05 Appeal by child against supervision order

A notice of appeal to the Trial Division under section 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CD.

3C.06 Appeal by DPP, Attorney-General or Secretary to the Department of Human Services or Secretary to the Department of Health against supervision order

A notice of appeal to the Trial Division under section 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CE.

3C.07 Affidavit in support

(1) At the time of filing a notice of appeal in accordance with Rule 3C.02, 3C.03, 3C.04, 3C.05 or 3C.06 (as the case requires), the appellant shall file an affidavit in support of the appeal, together with the requisite exhibits.

(2) The affidavit shall set out the acts, facts, matters and circumstances relating to—

(a) the finding or order of the Children's Court constituted by the President against which the appeal is brought; and

(b) the grounds in the notice of appeal.

(3) There shall be included as exhibits to the 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

Rule 3C.05 inserted by S.R. No. 207/2014 rule 6.

Rule 3C.06 inserted by S.R. No. 207/2014 rule 6.

Rule 3C.07 inserted by S.R. No. 207/2014 rule 6.

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

or their absence as exhibits shall be accounted for 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.

(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.

__________________

Rule 3C.08 inserted by S.R. No. 207/2014 rule 6.

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ORDER 3D

APPEALS TO TRIAL DIVISION UNDER PART 6.1 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009

3D.01 Application of this Order

This Order applies to any appeal under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 to the Trial Division of the Court from the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder.

3D.02 Definitions

In this Order, unless the context or subject matter otherwise requires—

the Act means the Criminal Procedure Act 2009.

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

Order 3D (Heading and rules 3D.01–3D.10) inserted by S.R. No. 105/2016 rule 11.

Rule 3D.01 inserted by S.R. No. 105/2016 rule 11.

Rule 3D.02 inserted by S.R. No. 105/2016 rule 11.

Rule 3D.03 inserted by S.R. No. 105/2016 rule 11.

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(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

(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

Rule 3D.04 inserted by S.R. No. 105/2016 rule 11.

Rule 3D.05 inserted by S.R. No. 105/2016 rule 11.

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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.

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—

Rule 3D.06 inserted by S.R. No. 105/2016 rule 11.

Rule 3D.07 inserted by S.R. No. 105/2016 rule 11.

Rule 3D.08 inserted by S.R. No. 105/2016 rule 11.

Rule 3D.09 inserted by S.R. No. 105/2016 rule 11.

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(a) the court where the original sentence or order was imposed;

(b) the parties; and

(c) any person or authority concerned with the administration of any sentence or order originally imposed in the Magistrates' Court, or any sentence or order imposed by the Court on appeal.

(3) If more than one appeal is heard together, it is not necessary to record the sentence on a separate result of appeal form, but the outcome of each appeal, the particulars of each charge and the sentences imposed shall be recorded in full.

(4) Where the Court has imposed a sentence of imprisonment or detention, the result of appeal form shall be sufficient to authorise the keeping of the appellant for the period and in the manner set out in the form.

3D.10 Legal practitioner to notify that practitioner acts

(1) If a legal practitioner is engaged to act on behalf of an appellant or a respondent to an appeal to which this Order applies, the legal practitioner, without delay, shall notify the Prothonotary in writing that the practitioner so acts and provide an address for service.

(2) If a legal practitioner ceases to act on behalf of an appellant or a respondent or the address for service is changed, the legal practitioner shall without delay so notify the Prothonotary in writing.

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Rule 3D.10 inserted by S.R. No. 105/2016 rule 11.

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ORDER 4—CRIMINAL PROCEDURE RULES

PART 1—PRE-TRIAL CRIMINAL PROCEDURE

4.01 Definitions

In this Order, unless the context or subject matter otherwise requires—

CTLD means the person or persons nominated by the Chief Justice or his or her nominee as the person or persons responsible for criminal listings in the Supreme Court;

the Act means the Criminal Procedure Act 2009.

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

See also section 159 of the Act.

(2) The Associate to the Judge of the Court before whom indictment has been made shall deliver the indictment to the Prothonotary.

Order 4 (Heading and rules 4.01–4.09) amended by S.R. No. 100/2008 rule 25(a)(b), substituted as Order 4 (Heading and rules 4.01–4.13) by S.R. No. 132/2009 rule 14.

Rule 4.01 substituted by S.R. No. 132/2009 rule 14.

Rule 4.01 def. of CTLD substituted by S.R. No. 55/2010 rule 10.

Rule 4.02 substituted by S.R. No. 132/2009 rule 14.

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(3) The DPP must, as soon as practicable after an indictment is filed, forward a copy of the indictment to the CTLD.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.

4.04 Notice by legal practitioner to DPP and CTLD

(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 CTLD.

(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 CTLD; and

(iii) the accused ;

(b) return to the CTLD the copy of the depositions and all other material provided by the CTLD in relation to the matter; and

(c) return to the DPP all materials provided by the DPP in relation to the matter.

Rule 4.03 substituted by S.R. No. 132/2009 rule 14.

Rule 4.04 substituted by S.R. No. 132/2009 rule 14.

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(3) Where paragraph (2) applies to an officer of Victoria Legal Aid, the notice shall not be served and the materials shall not be returned until the expiration of the time for appeal against the decision to terminate legal assistance or the resolution of any such appeal (whichever last occurs) but must be respectively served and returned as soon as possible thereafter unless the decision to terminate legal assistance has been reversed.

4.05 Notice by legal practitioner to Prothonotary

(1) A legal practitioner who acts for an accused must file with the Prothonotary a notice in Form 6–4B that the legal practitioner so acts—

(a) if the legal practitioner has commenced so to act before service of a copy of the indictment, within 14 days after service of the copy indictment; or

(b) if the legal practitioner commences so to act after service of a copy of the indictment, as soon as possible after commencing so to act.

(2) A legal practitioner who having filed a notice under paragraph (1) ceases to act for an accused, must as soon as possible after so ceasing to act file with the Prothonotary a notice in Form 6–4C.Note

See also section 249 of the Act.

4.06 Unrepresented accused

(1) Within 28 days of the receipt of a copy of an indictment the CTLD 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 CTLD at a time fixed by the CTLD to determine what steps the accused has taken

Rule 4.05 substituted by S.R. No. 132/2009 rule 14.

Rule 4.06 substituted by S.R. No. 132/2009 rule 14.

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to obtain legal representation for the trial and at the time of making such request the CTLD must inform the accused that, if there is no attendance as requested, the Court will require the accused to attend the Court for the same purpose; and

(b) if the accused is in custody, attend personally or by a representative on the accused at the place where the accused is held to determine what steps the accused has taken to obtain legal representation for the trial.

(2) The CTLD 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 CTLD as to what steps are to be taken to resolve any such uncertainty.

4.07 Questionnaire

(1) The CTLD must serve on an accused's legal practitioner a questionnaire in Form 6–4D at such time as the CTLD may consider appropriate.

(2) The accused's legal practitioner must, within 14 days of receiving the questionnaire, serve on the CTLD adequate answers in writing to the questions in the questionnaire.

4.08 Case conference

(1) In this Rule Listed Date means the date which has been fixed by the CTLD as the date on which the trial is to be listed for hearing or, where the CTLD has fixed a period of time for that purpose, the first day of that period.

(2) The CTLD may conduct a case conference—

(a) before giving notice of the Listed Date; or

(b) not less than 21 days before the Listed Date.

Rule 4.07 substituted by S.R. No. 132/2009 rule 14.

Rule 4.08 substituted by S.R. No. 132/2009 rule 14.

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(3) Not less than seven days before the date proposed for a case conference, written notice of the case conference must 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) in order to facilitate an efficient trial, the CTLD may inquire into any of the matters listed in the Schedule to this Rule;

(b) the DPP and the accused or the accused's legal practitioner must be prepared to answer questions or provide information to the CTLD on the matters listed in the Schedule to this Rule;

(c) the DPP must, subject only to any substantial consideration of the personal safety of witnesses—

(i) give notice of the name of any witness who may be called as a Crown witness upon the trial and whose name does not appear upon 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 CTLD such information as the CTLD may reasonably require as to the availability of each Crown witness; and

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(iv) notify the CTLD 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

(d) 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) of this Rule shall preclude an accused from relying on an indication of an intention to plead guilty given at a case conference.

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SCHEDULERule 4.08

1. Are further particulars of the indictment likely to be sought by the accused?

2. Is there to be any application to sever the indictment and if so, what is the application likely to be?

3. Is there to be an application for a separate trial by any and which accused?

4. Does the accused presently intend to plead Guilty or Not Guilty to any and which count(s) in the indictment?

5. Is there any possibility of a change of plea?

6. (a) Has there been a conference between counsel for the DPP and counsel for the accused?

(b) If not, is such a conference proposed?

7. Does the prosecution propose to call any additional evidence?

8. Has the prosecution notified the accused and/or the accused's representatives of any additional evidence and if it intends to do so when is it proposed to furnish a proof of evidence?

9. What is the probable length of trial?

(a) prosecution estimate;

(b) accused estimate.

10. Is any point of law or of admissibility of evidence likely to be raised before a jury is empanelled? If yes, what are those matters and of what duration are the matters to be raised likely to take?

11. Does the accused or the prosecution intend to raise a special issue? e.g. unfitness to plead; change of venue; insanity.

Schedule to rule 4.08 inserted by S.R. No. 132/2009 rule 14, amended by S.R. No. 55/2010 rule 11.

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12. Does the accused or the prosecution intend to raise a special plea? e.g. lack of jurisdiction; previous conviction; previous acquittal etc.

13. Does the accused intend to rely upon an alibi not yet disclosed in conformity with the Criminal Procedure Act 2009?

14. Do the parties anticipate any problems as to the availability of witnesses? If yes, give details.

15. (a) What admissions of fact are sought by the prosecution?

(b) Is the accused prepared to make the admissions sought or any of them?

(c) What admissions of fact are sought by the accused?

(d) Is the prosecution prepared to make the admissions sought or any of them?

16. Does any difficulty arise about photographs or plans and formal proof of them?

17. Is any order sought for the inspection of prosecution exhibits or other evidentiary material in the possession of the prosecution as to which a question may arise in the course of the trial?

18. Is any order sought for the preservation or detention of any document or thing relating to the trial?

19. Is any order sought for the production before the Court of any document, tape recording or thing relating to the trial?

20. Does any party propose to deliver to the other party a notice to admit in respect of anything not covered by question No. 15?

21. What arrangements have been made for counsel to hear any tape recordings in the custody of the prosecution and to be provided with any transcript of them?

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22. Does any party intend to apply for a view, and if so where and at what stage of the trial?

23. Is there agreement as to copy exhibits to be supplied to the jury?

24. Will an interpreter be required during the trial?

25. Are there any other significant matters which might affect the proper and convenient trial of the issues?

26. Does the accused intend to make application for any summary charges to be transferred from the Magistrates' Court to be heard pursuant to section 243 of the Act?

27. Has consideration been given to how any related summary offences are to be dealt with following trial?

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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.

Rule 4.09 substituted by S.R. No. 132/2009 rule 14.

Rule 4.10 inserted by S.R. No. 132/2009 rule 14.

Rule 4.11 inserted by S.R. No. 132/2009 rule 14.

Rule 4.12 inserted by S.R. No. 132/2009 rule 14.

Rule 4.13 inserted by S.R. No. 132/2009 rule 14.

Rule 4.14 inserted by S.R. No. 55/2010 rule 12.

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(3) An application for a summons or warrant to arrest under section 174(1) of the Act must be made at the time of filing the direct indictment to which the application relates, unless the circumstances of the case require a later application.

(4) A summons or warrant to arrest under section 174(2)(a) or (b) of the Act must be issued by a Judge of the Court.

PART 3—AUTHORITY OF JUDICIAL REGISTRARS UNDER THESE RULES

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—

Order 4 Pt 3 (Heading and rules 4.15–4.20) inserted by S.R. No. 39/2015 rule 6.

Rule 4.15 inserted by S.R. No. 39/2015 rule 6.

Rule 4.16 inserted by S.R. No. 39/2015 rule 6.

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(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

(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) 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.

(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) to vary any condition of bail, including where the application to vary is unopposed; or

(d) to remand an accused.

Rule 4.17 inserted by S.R. No. 39/2015 rule 6.

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4.18 Judicial registrar may constitute Trial Division of Court

In the case of a matter within the authority of a judicial registrar under this Part—

(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 Part

(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 Part.

(3) For the purposes of section 113M of the Supreme Court Act 1986, an appeal from any determination to which this Rule applies lies to the Trial Division constituted by a Judge of the Court.

(4) An appeal under this Rule shall be conducted by way of hearing de novo.

(5) Rules 84.05(5) to 84.12 of Chapter I apply, with any necessary modification, to an appeal under this Rule.

4.20 Judicial registrar may act for another

If circumstances so require, a judicial registrar may hear and determine an application or a matter instead of the judicial registrar by whom it would otherwise be heard and determined.

__________________

Rule 4.18 inserted by S.R. No. 39/2015 rule 6.

Rule 4.19 inserted by S.R. No. 39/2015 rule 6.

Rule 4.20 inserted by S.R. No. 39/2015 rule 6.

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ORDER 5—PAYMENT OF FINES RULES

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 or an Associate Judge.

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

Order 5 Pt 1 (Heading) inserted by S.R. No. 98/2009 rule 5.Rule 5.01 amended by S.R. No. 98/2009 rule 6.

Rule 5.01 def. of person in default amended by S.R. No. 143/2015 rule 6.

Rule 5.02 amended by S.R. Nos 100/2008 rule 25(c), 148/2010 rule 14, 143/2015 rule 7.

Rule 5.03(1) amended by S.R. No. 143/2015 rule 8.

Rule 5.04 amended by S.R. Nos 100/2008 rule 25(d), 143/2015 rule 9.

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execution of the order requiring the fine to be paid from the time it is filed until it is determined.

5.05 Consideration of application

In considering an application the proper officer may—

(a) question the offender about his or her financial circumstances; and

(b) require the offender to make an affidavit or produce any document concerning his or her 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.

* * * * *

(4) A summons under section 69M(1) of the Act shall be in Form 6–5E.

(5) 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

Rule 5.07(1) amended by S.R. No. 143/2015 rule 10(1)(a).

Rule 5.07(2)(3) revoked by S.R. No. 143/2015 rule 10(2).

Rule 5.07(4) amended by S.R. No. 143/2015 rule 10(1)(b).

Rule 5.07(5)(a) amended by S.R. No. 143/2015 rule 10(1)(c).

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(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.

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) A summons under paragraph (1) shall be supported by an affidavit—

(a) stating the facts on which the application is made; and

Rule 5.08 amended by S.R. No. 143/2015 rule 11.

Order 5 Pt 2 (Heading and rules 5.09, 5.10) inserted by S.R. No. 98/2009 rule 7.Rule 5.09 inserted by S.R. No. 98/2009 rule 7.

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(b) giving particulars of the executed money warrant;

(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.

__________________

Rule 5.10 inserted by S.R. No. 98/2009 rule 7.

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ORDER 6—CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME

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) This Order applies to a proceeding in the Court under the Confiscation Act 1997.

(2) This Order applies, with any necessary modification, to a proceeding under the Commonwealth Act.

(3) Unless a Judge of the Court orders or directs otherwise, or the Act, the Commonwealth Act or the Rules otherwise provide, Rules 6.03 to 6.12 apply, with any necessary modification, in relation to—

(a) an application to the Court under Part 2, 3, 4, 5, 6, 8 or 13 of the Act (as the case requires);

(b) an application to the Court under the Commonwealth Act.

(4) Order 6 of the Criminal Appeals and Procedures Rules 1998 as in force immediately before the commencement of the Supreme Court (Chapter VI Amendment No. 1) Rules 1999 continues to apply to proceedings under the Crimes (Confiscation of Profits) Act 1986.

Rule 6.02(3) amended by S.R. No. 100/2008 rule 25(e).

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(5) Order 8, as in force immediately before the commencement of the Supreme Court (Chapter VI Amendment No. 7) Rules 2005, continues to apply to any application or proceeding under the Proceeds of Crime Act 1987 of the Commonwealth—

(a) made or commenced before the commencement of the Commonwealth Act; or

(b) continued pursuant to the Commonwealth Act or the Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 of the Commonwealth.

6.03 Making of application to the Court

(1) If, under 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.

(2) An application under the Commonwealth Act is taken to have been made when it is filed.

6.04 Notice and service generally

(1) 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 in accordance with section 137 of the Act.

(2) If notice is required by or under the Commonwealth Act to be given it shall be in writing.

(3) 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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6.05 Applications for restraining orders and monitoring orders

(1) An application for a restraining order under the Act or the Commonwealth Act shall be in Form 6–6A with any necessary modification supported by an affidavit.

(2) An application for a monitoring order under the Act or the Commonwealth Act may be in Form 6–6O with any necessary modification.

6.06 Application without notice under the Act

(1) An application to the Court under the Act which is made without notice to any other person shall be in writing.

(2) Any application to the Court under the Act which is made without notice 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) of the Act the Court requires notice to be given that the application has been made, the notice shall be in Form 6–6B.

6.07 Other applications generally under Commonwealth Act

An application to the Court under the Commonwealth Act for which a form is not prescribed in this Order may be in Form 6–6A with any necessary modification.

6.08 Notice of application

(1) Notice of an application to be made—

(a) under section 20 of the Act for an exclusion order shall be in Form 6–6C;

(b) under section 26 of the Act for further orders in relation to a restraining order shall be in Form 6–6D;

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(c) under section 32 of the Act for a forfeiture order shall be in Form 6–6E;

(d) under section 37 of the Act for a civil forfeiture order shall be in Form 6–6F;

(e) under section 45 of the Act for relief from hardship shall be in Form 6–6G;

(f) under section 49, 51 or 53 of the Act for an exclusion order shall be in Form 6–6H;

(g) under section 58 of the Act for a pecuniary penalty order shall be in Form 6–6J;

(h) under section 63 of the Act for a pecuniary penalty order shall be in Form 6–6K.

(2) Notice of any other application to be made to the Court for an order or declaration may be in Form 6–6L with any necessary modification.

(3) Notice of an application to be made shall be given not less than five days before the day named in the notice for the hearing of the application.

6.09 Filing and directions

(1) In a proceeding to which this Order applies—

(a) in the case of a proceeding under the Act—

(i) an application made without notice;

(ii) a notice of an application or any other notice given;

(iii) an affidavit to be relied on;

(iv) an order made; and

(b) in the case of a proceeding under the Commonwealth Act—

(i) an application;

(ii) an affidavit; and

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(iii) a copy of a notice given—

shall be filed in the Court, unless the Court otherwise orders.

(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.

6.10 Notice of opposition to an application

(1) A person who intends to oppose an application for an order or declaration under the Act or the Commonwealth Act shall give notice to the applicant of the grounds on which the application will be opposed.

(2) A notice under paragraph (1)—

(a) shall be in Form 6–6LA; and

(b) shall be served on the applicant not later than two days before the date fixed for the hearing of the application.

6.11 Evidence

(1) Evidence in support of an application for a restraining order under the Act shall be by affidavit, unless the application is brought on for hearing during or at the conclusion of the trial of the defendant.

(2) Evidence in support of an application for a restraining order under the Commonwealth Act shall be by affidavit.

Rule 6.09(3) amended by S.R. No. 100/2008 rule 25(f).

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(3) Evidence in support of an application for an exclusion order under the Act or the Commonwealth Act shall be by affidavit.

(4) Subject to paragraphs (1), (2) and (3), evidence on the hearing of an application under the Act or the Commonwealth Act may be by affidavit and shall be by affidavit if the Court so directs.

(5) 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.

(6) 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.

6.12 Notice of order or declaration

(1) Subject to paragraph (2) and Rule 6.13, where notice is required to be given to any person of an order made by the Court under the Act or the Commonwealth Act, notice shall be given—

(a) by serving a copy of the order on that person; and

(b) in the case of notice of an order under the Act, 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, a copy of the order shall be accompanied by a notice in Form 6–6M.

(3) If a restraining order, forfeiture order or order for civil forfeiture 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

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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

(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.

6.13 Notice of discharge

(1) Notice under section 46(2), 47(2) or 48(2) of the Act of discharge of a forfeiture order, automatic forfeiture or a civil forfeiture order, as the case may be, shall be in Form 6–6N.

(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.

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(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.

6.14 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.

6.15 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.

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Rule 6.15 amended by S.R. No. 100/2008 rule 25(g).

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ORDER 7—SURVEILLANCE DEVICES RULES

7.01 Definition

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

7.02 Application of Order

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.

Rule 7.04(a) amended by S.R. No. 100/2008 rule 25(h).

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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 furnish 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;

Rule 7.08(1) amended by S.R. No. 100/2008 rule 25(i)(i).

Rule 7.08(3) amended by S.R. No. 100/2008 rule 25(i)(i).

Rule 7.08 (3)(b)(ii) amended by S.R. No. 100/2008 rule 25(i)(i).

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(c) seal the envelope in a way that prevents the envelope from being opened again without detection;

(d) write or stamp "Not to be opened except by order of a Judge of the Court" on the front and back of the envelope; and

(e) deliver the envelope to the Prothonotary who shall ensure that it is stored securely and that the contents are not seen by any person except on the order of a Judge of the Court.

* * * * *Note

There is currently no Order 8 in these Rules.

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Rule 7.08(3)(d) amended by S.R. No. 100/2008 rule 25(i)(ii).

Rule 7.08(3)(e) amended by S.R. No. 100/2008 rule 25(i)(ii).

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ORDER 9—WITNESS PROTECTION RULES

9.01 Definition

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

9.02 Application of Order

This Order applies to all proceedings in the Court under the Act.

9.03 Application

An application under section 6 of the Act shall be—

(a) in Form 6–9A, with any necessary modification; and

(b) accompanied by an affidavit or affidavits in support of the application.

9.04 Filing and service of documents

An application and any affidavits in support shall, unless the Court otherwise orders—

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

(b) not be available for inspection by any person.

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Rule 9.04(a) amended by S.R. No. 100/2008 rule 25(j).

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ORDER 10—APPLICATIONS UNDER PART IIA OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958

10.01 Definition

In this Order, the Act means the Evidence (Miscellaneous Provisions) Act 1958.

10.02 Application under section 42E

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

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

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;

(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.

Order 10 (Heading) amended by S.R. No. 146/2009 rule 11(1).

Rule 10.01 amended by S.R. No. 146/2009 rule 11(2).

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10.05 Application under section 42N

Unless the application is made in accordance with section 42N(3) of the Act—

(a) notice of an application under section 42N of the Act shall be in Form 6–10B;

(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.

10.06 Application under section 42P

Unless the application is made in accordance with section 42P(5) of the Act—

(a) notice of an application under section 42P of the Act shall be in Form 6–10B;

(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.

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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.

11.02 Application of Order

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.

11.04 Filing 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 is sought; and

(b) not be available for inspection by any person.

11.05 Form of warrant

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

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Rule 11.04(a) amended by S.R. No. 100/2008 rule 25(j).

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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.

12.02 Application of Order

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

Order 12 (Heading and rules 12.01–12.09) amended by S.R. No. 100/2008 rule 25(j), substituted as Order 12 (Heading and rules 12.01–12.16) by S.R. No. 54/2010 rule 5.

Rule 12.01 substituted by S.R. No. 54/2010 rule 5.

Rule 12.02 substituted by S.R. No. 54/2010 rule 5.

Rule 12.03 substituted by S.R. No. 54/2010 rule 5.

Rule 12.04 substituted by S.R. No. 54/2010 rule 5.

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

12.05 Forms of application for detention order and renewal of detention order

(1) An application to the Court under section 33 of the Act for a detention order may be in Form 6–12D.

(2) An application to the Court under section 45 of the Act for renewal of a detention order may be in Form 6–12E.

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.

(2) An application to the Court by the Director of Public Prosecutions under section 63(2) of the Act for extension of an interim detention order may be in Form 6–12J.

Rule 12.05 substituted by S.R. No. 54/2010 rule 5.

Rule 12.06 substituted by S.R. No. 54/2010 rule 5.

Rule 12.07 substituted by S.R. No. 54/2010 rule 5.

Rule 12.08 substituted by S.R. No. 54/2010 rule 5.

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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.

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.

(2) An application to the Court by the Director of 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.

Rule 12.09 substituted by S.R. No. 54/2010 rule 5.

Rule 12.10 inserted by S.R. No. 54/2010 rule 5.

Rule 12.11 inserted by S.R. No. 54/2010 rule 5.

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(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.

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

Rule 12.12 inserted by S.R. No. 54/2010 rule 5.

Rule 12.13 inserted by S.R. No. 54/2010 rule 5.

Rule 12.14 inserted by S.R. No. 54/2010 rule 5.

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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

(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.

12.16 Filing of documents

Unless the Court otherwise orders, an application and any accompanying assessment report, progress report or other report shall—

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

(b) not be available for inspection by any person.

__________________

Rule 12.15 inserted by S.R. No. 54/2010 rule 5.

Rule 12.16 inserted by S.R. No. 54/2010 rule 5.

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ORDER 12A—SEX OFFENDERS REGISTRATION RULES

12A.01 Definition

In this Order, the Act means the Sex Offenders Registration Act 2004.

12A.02 Forms of application for exemption from reporting requirements

(1) An application to the Court under section 39 of the Act by a registrable offender for an order suspending his or her reporting obligations may be in Form 6–12AA.

(2) An application to the Court under section 45 of the Act by a registrable offender for an order suspending his or her 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.

Order 12A (Heading and rules 12A.01–12A.04) inserted by S.R. No. 54/2010 rule 7.

Rule 12A.01 inserted by S.R. No. 54/2010 rule 7.

Rule 12A.02 inserted by S.R. No. 54/2010 rule 7.

Rule 12A.03 inserted by S.R. No. 54/2010 rule 7.

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12A.04 Filing 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 order is sought; and

(b) not be available for inspection by any person.

__________________

Rule 12A.04 inserted by S.R. No. 54/2010 rule 7.

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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.

13.02 Application of Order

This Order applies to a proceeding in the Court under Part 2 of the Act.

13.03 Applications made under this Order

An application in a proceeding under Part 2 of the Act shall be made to a Judge of the Court in the Criminal Division, or if no Judge of the Criminal Division is available, to a Judge of the Court in the Practice Court.

13.04 Form of application for coercive powers order or extension or variation of order

(1) An application to the Court under section 5(1) of the Act for a coercive powers order may be in Form 6–13A.

(2) An application to the Court under section 10 of the Act for an extension or a variation of a coercive powers order may be in Form 6–13A with any necessary modification.

13.05 Form of order

A coercive powers order may be in Form 6–13B.

13.05.1 Application for revocation of coercive powers order

An application to the Court for revocation of a coercive powers order under section 12 of the Act may be in Form 6–13BA.

Rule 13.03 amended by S.R. No. 100/2008 rule 25(k).

Rule 13.05.1 inserted by S.R. No. 99/2009 rule 5.

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13.05.2 Application objecting to disclosure or production of protected information at revocation hearing

An application by the Chief Commissioner under section 12A of the Act may be in Form 6–13BB.

13.06 Form of application for witness summons

An application to the Court under section 14(3) of the Act for the issue of a witness summons may be in Form 6–13C.

13.07 Form of application for order to bring person in custody before Chief Examiner

An application to the Court under section 18(2) of the Act may be in Form 6–13D.

13.08 Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act

An application by the Chief Examiner or the Chief Commissioner under section 20(8E) of the Act may be in Form 6–13E.

13.09 Application to determine legal professional privilege

An application by the Chief Examiner under section 42 of the Act may be in Form 6–13F.

13.10 Filing of documents

Unless the Court otherwise orders, an application and any affidavit in support shall—

(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

(b) not be available for inspection by any person.

__________________

Rule 13.05.2 inserted by S.R. No. 99/2009 rule 5.

Rule 13.08 amended by S.R. No. 100/2008 rule 25(l), substituted by S.R. No. 99/2009 rule 6.

Rule 13.09 inserted by S.R. No. 99/2009 rule 6.

Rule 13.10 inserted by S.R. No. 99/2009 rule 6.

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ORDER 14—ASSUMED IDENTITY RULES

14.01 Definition

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

14.02 Application of Order

This Order applies to a proceeding in the Court under Part 2 of the Act.

14.03 Applications made under this Order

An application in a proceeding under Part 2 of the Act shall be made to a Judge of the Court.

14.04 Forms of application under the Act

(1) An application to the Court under section 10 of the Act—

(a) may be in Form 6–14A; and

(b) shall be accompanied by an affidavit in support stating the acts, facts, matters and circumstances on which the application is based.

(2) An application to the Court under section 12 of the Act—

(a) may be in Form 6–14B; and

(b) shall be accompanied by an affidavit in support stating the acts, facts, matters and circumstances on which the application is based.

Rule 14.03 amended by S.R. No. 100/2008 rule 25(m).

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14.05 Filing 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 order is sought; and

(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.

__________________

Rule 14.05(a) amended by S.R. No. 100/2008 rule 25(n).

Rule 14.06 (1)(b) amended by S.R. No. 100/2008 rule 25(o).

Rule 14.06 (2)(b) amended by S.R. No. 100/2008 rule 25(o).

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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 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 15 (Heading and rules 15.01, 15.02) inserted by S.R. No. 132/2009 rule 15.

Rule 15.01 inserted by S.R. No. 132/2009 rule 15.

Rule 15.02 inserted by S.R. No. 132/2009 rule 15.

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ORDER 16—PROCEDURE UNDER THE OPEN COURTS ACT 2013

16.01 Definitions

(1) In this Order—

the Act means the Open Courts Act 2013.

(2) An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.

16.02 Notice of application for suppression order

(1) A notice under section 10 of the Act of the making of an application for a suppression order in a proceeding to which these Rules apply—

(a) must be generally in accordance with Form 6–16A; and

(b) for the purposes of section 10(1)(a) of the Act, must be emailed to the Court at [email protected] or such other email address as the Court may from time to time specify, by practice note or otherwise, for the purposes of this Rule.

(2) A copy of the notice shall be filed by the applicant as soon as practicable after the notice has been emailed to the Court.

Order 16 (Heading and rules 16.01, 16.02) inserted by S.R. No. 147/2013 rule 6.

Rule 16.01 inserted by S.R. No. 147/2013 rule 6.

Rule 16.02 inserted by S.R. No. 147/2013 rule 6.

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FORMS

FORM 6–1A

Rule 1.12(2)

SUBPOENA

[heading as in originating process]

To [name]

of [address]:

YOU ARE ORDERED:

*to attend to give evidence—see section A of this form;

*to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section B of this form; or

*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 section C of this form.

*Select one only of these three options

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest.

The last day for service of this subpoena is:

(See Note 1)

Please read Notes 1 to 13 at the end of this subpoena.

[Seal of the Court]

Date:

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

A. Details of subpoena to attend to give evidence only

Date, time and place at which you must attend to give evidence:

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.

Form 6–1A amended by S.R. No. 23/2010 rule 11.

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Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend on that day until you are excused from further attending.

B. Details of subpoena to produce only

You must comply with this subpoena:

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received not less than three days before the day specified for attendance and production. (See Notes 5 to 9)

Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending.

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

Date:

Time:

Place:

Address to which the subpoena (or copy) and documents or things may be delivered:

The Prothonotary

[Supreme Court of Victoria436 Lonsdale StreetMelbourne]

Address to which the subpoena (or copy) and documents or things may be sent by post:

The Prothonotary

[Supreme Court of Victoria210 William StreetMelbourne]

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SCHEDULE

The documents and things you must produce are as follows:

[If insufficient space attach list]

C. Details of subpoena both to attend to give evidence and to produce

In so far as you are required by this subpoena to attend to give evidence, you must attend as follows:

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.

Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend on that day until you are excused from further attending.

In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena:

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received not less than three days before the day specified for attendance and production. (See Notes 5 to 9)

Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending.

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

Date:

Time:

Place:

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Address to which the subpoena or a copy of it and documents or things must be delivered:

The Prothonotary

[Supreme Court of Victoria436 Lonsdale StreetMelbourne]

Address to which the subpoena (or copy) and documents or things may be sent by post:

The Prothonotary

[Supreme Court of Victoria210 William StreetMelbourne]

SCHEDULE

The documents and things you must produce are as follows:

[If insufficient space attach list]

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 day specified in the subpoena as the last day for service of the subpoena.

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 day 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 subpoena in so far as it requires you to attend to give evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the day on which your attendance is required.

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Production to the Prothonotary

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 by delivering or sending the subpoena or a copy of it and the document or thing to the Prothonotary at the address specified in the subpoena for the purpose so that they are received not less than three days before the day specified in the subpoena for attendance and production.

6. 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.

7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Prothonotary may permit the parties to the proceeding to inspect the document or thing.

8. 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.

9. If the subpoena requires you to produce a document, you may produce a copy of the document unless the subpoena specifically requires you to produce the original.

9A. The copy of a document may be—

(a) a photocopy; or

(b) in PDF format on a CD-Rom.

Applications in relation to subpoena

10. 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 your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena.

Loss or expense of compliance

11. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or

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expense, including legal costs reasonably incurred in complying with the subpoena.

Contempt of court—arrest

12. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly.

13. Note 12 is without prejudice to any power of the Court under any Rules of the Supreme Court (including any Rules of the Supreme Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena.

__________________

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Rule 1.12(4) FORM 6–1B

NOTICE TO ADDRESSEE AND DECLARATION

[heading as in originating process]

To: [name of person to whom the subpoena is addressed and who will be the recipient of the subpoena]

of: [address]

You may produce copies of any subpoenaed documents, unless the subpoena specifically requires you to produce originals. A copy of a document may be—

(a) a photocopy; or

(b) in PDF format on a CD-Rom.

You must complete the declaration below, attach it to the subpoena or a copy of the subpoena and return them with the documents or things you provide to the Court under 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 a period 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 the material you produce to the Court 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.

DECLARATION BY ADDRESSEE (SUBPOENA RECIPIENT)

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

All of the material I am providing to the Court in compliance with the attached 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 or all of the material I am providing to the Court in compliance with the attached 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].

Form 6–1B inserted by S.R. No. 23/2010 rule 12.

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Date:

[signature of addressee]

[name of addressee]

__________________

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Rule 1.12.1(2)(a) FORM 6–1BA

SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)

[heading as in originating process]

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]

Your rights

1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.

Form 6–1BA inserted by S.R. No. 39/2012 rule 8.

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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.

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

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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.

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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)

No. of 20

[heading as in originating process]

TO: [name and address]

You are ordered to attend to give evidence. See next page for details.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).

Please read Notes 1 to 8 at the end of this subpoena.

The last date for service of this subpoena is [date]. (See Note 2)

Date:

Signed by Prothonotary

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

Place:

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Email:

Details of subpoena

Date, time and place at which you must attend to give evidence, unless you receive a notice of a later date or time from the issuing party, in which case the later date or time is substituted:

Date:

Time:

Place:

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.

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.

Last day for service

2. You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of this subpoena.

Informal service

3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.

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Addressee a corporation

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

Applications in relation to subpoena

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.

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 the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.

Contempt of court—arrest

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.

*Delete if not applicable.

__________________

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Rule 1.12.1(2)(b) FORM 6–1BB

SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)

[heading as in originating process]

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]

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

Form 6–1BB inserted by S.R. No. 39/2012 rule 8.

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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.

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.

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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.

Failure to comply with the subpoena

If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.

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:

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(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.

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 PRODUCE DOCUMENTS (NEW ZEALAND)

[heading as in originating process]

TO: [name and address]

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.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).

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Please read Notes 1 to 16 at the end of this subpoena.

The last date for service of this subpoena is [date]. (See Note 2)

Date:

Signed by Prothonotary

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

Place:

Email:

Details of subpoena

You must comply with this subpoena:

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to:

(i) the Prothonotary at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 2 clear business days before the date specified in the subpoena for attendance and production; or

(ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is so specified, at any one of those addresses, so that they are received not less than 10 clear days before the date specified in the subpoena for attendance and production. (See Notes 6–12)

Date, time and place at which you must attend to produce the subpoena or a copy of it and documents or things:

Date:

Time:

Place:

Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:

The Prothonotary

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Supreme Court of Victoria

[address]

Schedule

The documents and things you must produce are as follows:

[If insufficient space attach list]

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 the 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.

Last day for service

2. You need not comply with this subpoena unless it is served on you on or before the date specified in this subpoena as the last date for service of the subpoena.

Informal service

3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.

Addressee a corporation

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

Production of subpoena or copy of it and documents or things by 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:

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(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.

6. 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.

7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to this subpoena being inspected by any party to the proceeding, the Prothonotary may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

8. 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

9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce.

9A. The copy of a document may be:

(a) a photocopy; or

(b) in an electronic form that the issuing party has indicated will be acceptable.

Return or destruction of documents or copies

10. You may, at the time of production, inform the Court that any document or copy of a document produced need not be returned and may be destroyed.

11. If you have so informed the Court, the Prothonotary may destroy the document or copy instead of returning it to you.

Applications in relation to subpoena

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12. 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.

Loss or expense of compliance

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 the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.

Banker's book

14. In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).

Contempt of court—arrest

15. 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).

16. Note 15 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.

*Delete if not applicable.

__________________

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Rule 1.12.1(2)(c) FORM 6–1BC

SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)

[heading as in originating process]

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 206 (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]

Your rights

1. You are entitled to receive payment of an amount equal to the reasonable expenses you incur in complying with the subpoena.

Form 6–1BC inserted by S.R. No. 39/2012 rule 8.

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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.

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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.

Failure to comply with the subpoena

If you do not comply with this subpoena you may be arrested and taken before the High Court of New Zealand. Unless the High Court is satisfied that failure to comply should be excused, a fine not exceeding NZ$10 000 may be imposed.

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;

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(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.

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 AND PRODUCE DOCUMENTS (NEW ZEALAND)

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[heading as in originating process]

TO: [name and address]

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.

Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest and the imposition of a fine under section 165 of the Evidence Act 2006 (New Zealand).

Please read Notes 1 to 16 at the end of this subpoena.

The last date for service of this subpoena is [date]. (See Note 2)

Date:

Signed by Prothonotary

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

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:

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.

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:

(a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or

(b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to:

(i) the Prothonotary at the address specified in this subpoena for the purpose, or if more than one address is specified, at any of

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those addresses, so that they are received not less than 2 clear business days before the date specified in this subpoena for attendance and production; or

(ii) the Registrar of the High Court of New Zealand at the address specified in the subpoena for the purpose, or if more than one address is specified, at any of those addresses, so that they are received not less than 10 clear days before the date specified in this subpoena for attendance and production. (See Notes 6–12)

Date, time and place at which you must attend to produce this subpoena or a copy of it and documents or things:

Date:

Time:

Place:

Address, or any address, to which the subpoena (or copy) and documents or things may be delivered or posted:

The Prothonotary

Supreme Court of Victoria

[address]

Schedule

The documents and things you must produce are as follows:

[If insufficient space attach list]

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.

Last day for service

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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

3. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last date for service of this subpoena, actual knowledge of this subpoena and of its requirements.

Addressee a corporation

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

Production of subpoena or copy of it and documents or things by 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 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.

6. 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.

7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to this subpoena being inspected by any party to the proceeding, the Prothonotary may permit the parties to the proceeding to inspect the document or thing.

Production of a number of documents or things

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8. 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

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.

Applications in relation to subpoena

12. 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.

Loss or expense of compliance

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 the loss or expense, including legal costs, reasonably incurred in complying with this subpoena.

Banker's book

14. In so far as this subpoena requires production of this subpoena or a copy of it and a banker's book, if section 19 and other applicable provisions of the Evidence Act 2006 (New Zealand) would have applied if this subpoena has been issued in a New Zealand proceeding, instead of producing the banker's book, you may produce proof of the relevant entries in accordance with the applicable provisions of the Evidence Act 2006 (New Zealand).

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Contempt of court—arrest

15. 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).

16. Note 15 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.

*Delete if not applicable.

__________________

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Rule 1.18 FORM 6–1C

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 6–1C inserted by S.R. No. 55/2010 rule 13.

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Rule 2.05(1) FORM 6–2A

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:

5. Date of conviction:

6. Sentence:

Form 6–2A substituted by S.R. Nos 132/2009 rule 16, 6/2011 rule 37.

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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:

[Signed by appellantor legal practitioner on behalf of appellant]

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.

2. You may, however, request an oral hearing of your application by completing this section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.

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3. You must attach your written case in support of your application whether or not you request an oral hearing.

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

* Delete if not applicable

__________________

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Rule 2.05(2) FORM 6–2B

IN THE SUPREME COURT OF VICTORIA 20 No.AT

The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE

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 278 of the Criminal Procedure Act 2009 against my sentence (particulars of which are set out below).

TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against my sentence on the ground(s): [state specifically and concisely and not merely in general terms each ground on which you intend to appeal against sentence].

Date:

[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. Sentencing Judge:

5. Date of conviction:

Form 6–2B substituted by S.R. Nos 132/2009 rule 16, 6/2011 rule 37.

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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:

[Signed by appellant or legal practitioner on behalf of appellant]

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.

2. You may, however, request an oral hearing of your application by completing this section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.

3. You must attach your written case in support of your application whether or not you request an oral hearing.

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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.

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

* Delete if not applicable

__________________

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Rules 2.05(3), 2.54 FORM 6–2C

IN THE SUPREME COURT OF VICTORIA 20 No.AT

BETWEEN A.B. Appellant

and

C.D. Respondent

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE IMPOSED BY COUNTY COURT ON APPEAL FROM

MAGISTRATES' COURT UNDER SECTION 283 OF THE CRIMINAL PROCEDURE ACT 2009

To the Registrar of Criminal Appeals:

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:

2. Offence for which convicted and in relation to which it is sought to 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:

5. Sentencing Judge:

6. Date sentence of County Court imposed:

Date:

[Signed by Appellant]

Form 6–2C substituted by S.R. Nos 132/2009 rule 16, 6/2011 rule 37.

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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:

[Signed by appellant or legal practitioner on behalf of appellant]

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.

2. You may, however, request an oral hearing of your application by completing this section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.

3. You must attach your written case in support of your application whether or not you request an oral hearing.

_______________

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Rule 2.25 FORM 6–2D

[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]

* Delete if not applicable

__________________

Form 6–2D substituted by S.R. No. 132/2009 rule 16, amended by S.R. No. 6/2011 rule 38.

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Rule 2.07(3)(a)

FORM 6–2DA

[heading as in Form 6–2A]

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 inserted by S.R. No. 6/2011 rule 39.

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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:

[Signed by appellant or legal practitioner on behalf of appellant]

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.

* Delete if not applicable

__________________

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Rule 2.07(3)(b)

FORM 6–2DB

[heading as in Form 6–2A]

NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S DECISION TO GRANT LEAVE TO APPEAL ON SOME GROUNDS AND

REFUSE LEAVE ON OTHER GROUNDS OR TO REFUSE LEAVE TO APPEAL

To: [name of appellant]

I NOTIFY YOU that after consideration of your application for leave to appeal against *conviction/*sentence, the Court of Appeal constituted by a single Judge of Appeal pursuant to section 315 of the Criminal Procedure Act 2009 has, for the reasons set out below:

*granted leave to appeal on grounds [insert the numbers of the relevant grounds of appeal] and refused leave to appeal on other grounds [insert the numbers of the relevant grounds of appeal].

*refused leave to appeal.

REASONS

[insert as appropriate]

If you wish to renew the application to be determined by the Court of Appeal comprising at least two Judges of Appeal you must complete the enclosed election form and return it to me within 10 DAYS after you receive this notification.

Date:

[Signed by Registrar]

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:

Form 6–2DB inserted by S.R. No. 6/2011 rule 39.

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[Signed by appellant or legal practitioner on behalf of appellant]

NOTES:

1. It is the aim of the Court of Appeal to deal with the majority of renewal applications without an oral hearing. Consequently, unless you request an oral hearing, the Court of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing.

2. You may, however, request an oral hearing by completing the following section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.

ORAL HEARING OPTION

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:

[Signed by appellant or legal practitioner on behalf of appellant]

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.

* Delete if not applicable

__________________

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Rule 2.08(4)

FORM 6–2DC

[heading as in Form 6–2A]

NOTIFICATION TO APPELLANT OF COURT OF APPEAL DECISION ON RENEWED APPLICATION

To: [name of appellant]

I NOTIFY YOU that after consideration of your application for leave to appeal against *conviction/*sentence, the Court of Appeal has, for the reasons set out below:

*granted leave to appeal.

*granted leave to appeal on grounds [insert the numbers of the relevant grounds of appeal] and refused leave to appeal on other grounds [insert the numbers of the relevant grounds of appeal].

*refused leave to appeal.

*referred the application for leave to appeal to the Court of Appeal comprising no fewer than three Judges of Appeal.

REASONS

[insert as appropriate]

The *appeal/*application for leave to appeal:

*is listed to be heard at [place] on [date and time].

*will be listed to be heard on a date and at a time which will be notified to you.

Date:

[Signed by Registrar]

NOTE:

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

Form 6–2DC inserted by S.R. No. 6/2011 rule 39.

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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.

* Delete if not applicable

__________________

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Rule 2.16 FORM 6–2E

IN THE SUPREME COURT OF VICTORIA 20 No.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

To the Registrar of Criminal Appeals:

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 6–2E substituted by S.R. No. 132/2009 rule 16.

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Rule 2.18 FORM 6–2F

IN THE SUPREME COURT OF VICTORIA 20 No.AT

The Queen

v.

A.B.

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

To the Registrar of Criminal Appeals:

I, [full name], have been found unfit to stand trial in relation to the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence].

I WISH TO APPEAL to the Court of Appeal under section 14A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against the finding that I am unfit to stand trial (particulars of which are set out below).

TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against the finding that I am unfit to stand trial on the ground(s): [state briefly the grounds upon which you wish to appeal against the finding].

Date:

[Signed by Applicant or legal practitioner on behalf of Applicant]

*[If signed by legal practitioner] The name and address for service are as follows: [insert details]

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:

Form 6–2F inserted by S.R. No. 132/2009 rule 16.

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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.

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.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––* Delete if not applicable

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__________________

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* * * * *

Forms 6–2FA, 6–2FB revoked by S.R. No. 132/2009 rule 16.

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Rule 2.19 FORM 6–2G

IN THE SUPREME COURT OF VICTORIA 20 No.AT

The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST MENTAL IMPAIRMENT VERDICT

To the Registrar of Criminal Appeals:

I, [full name], am found not guilty because of mental impairment of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence].

I WISH TO APPEAL to the Court of Appeal under section 24AA of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against that verdict (particulars of which are set out below).

TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against the verdict that I am not guilty because of mental impairment on the ground(s): [state briefly the grounds upon which you wish to appeal against the verdict].

Date:

[Signed by Applicant or legal practitioner on behalf of Applicant]

*[If signed by legal practitioner] The name and address for service are as follows: [insert details]

PARTICULARS

1. Applicant's name:

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]

4. Trial Judge:

Form 6–2G inserted by S.R. No. 132/2009 rule 16.

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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:

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.

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.

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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.

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

* Delete if not applicable

__________________

* * * * *

Forms 6–2GA, 6–2GB revoked by S.R. No. 132/2009 rule 16.

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Rule 2.22 FORM 6–2H

[heading as in Form 6–2A]

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

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 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:

[Signed by Applicant]

PARTICULARS

1. Applicant's name:

2. Offence for which convicted:

3. Convicted at: [place and Court]

4. Trial or sentencing Judge:

5. Date of conviction:

6. Sentence:

7. Date of sentence:

IMPORTANT NOTE:

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

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

* Delete if not applicable

__________________

Form 6–2H substituted by S.R. No. 132/2009 rule 16.

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Rule 2.23 FORM 6–2I

[heading as in Form 6–2A]

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]

* Delete if not applicable

__________________

Form 6–2I inserted by S.R. No. 132/2009 rule 16.

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Rule 2.24 FORM 6–2J

[heading as in Form 6–2A]

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

To the Registrar of Criminal Appeals:

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 Applicant]

[Signed by Witness]

[Name and Address of Witness]

* Delete if not applicable

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 6–2J substituted by S.R. No. 132/2009 rule 16.

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Rule 2.25 FORM 6–2K

[heading as in Form 6–2A]

ELECTION TO HAVE APPLICATION UNDER SECTION 315 OF THE CRIMINAL PROCEDURE ACT 2009 DETERMINED BY

COURT OF APPEAL

To the Registrar of Criminal Appeals:

I, [full name], having received your notification that my application for *leave to appeal/*review of refusal to certify under section 295(3) of the Criminal Procedure Act 2009/*extension of time within which notice of appeal or application for leave to appeal may be given/*bail/*stay of sentence has been refused by a single Judge of Appeal under section 315 of that Act, GIVE NOTICE that I elect to have my application determined by the Court of Appeal constituted by at least two judges.

I wish *to attend the hearing of my application; *to appear by audio visual link.

Date:

[Signed by Applicant]

[Signed by Witness]

[Name and Address of Witness]

* Delete if not applicable

IMPORTANT NOTES:

* * * * *

* * * * *

* * * **

4. The Court may treat the hearing of the application for leave to appeal as the hearing of the appeal.

5. 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 6–2K substituted by S.R. No. 132/2009 rule 16, amended by S.R. No. 6/2011 rule 40(1).

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Rule 2.29 FORM 6–2L

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 *himself/*herself to owe to the State of Victoria the sum of $ to be satisfied by or out of *his/*her 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.

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,

Form 6–2L substituted by S.R. No. 132/2009 rule 16.

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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

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

* Delete if not applicable

__________________

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Rule 2.39 FORM 6–2M

[heading as in Form 6–2A]

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

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

* Delete if not applicable

__________________

Form 6–2M substituted by S.R. No. 132/2009 rule 16.

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Rule 2.40 FORM 6–2N

[heading as in Form 6–2A]

NOTICE OF ABANDONMENT

To the Registrar of Criminal Appeals:

I, [full name], *a prisoner at [place]/*living at [place of residence] give notice that I wish to abandon my *appeal/*application for leave to appeal dated [insert date] against *conviction/*and sentence/*and my application for an extension of time within which to *file/*serve notice of appeal or application for leave to appeal dated [insert date].

Date:

[Signed by Appellant/ Applicant]

[Signed by Witness]

[Name and Address of Witness]

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

* Delete if not applicable

__________________

Form 6–2N substituted by S.R. No. 132/2009 rule 16.

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Rule 2.44 FORM 6–2O

[heading as in Form 6–2A]

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

To the Registrar of Criminal Appeals:

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 6–2O inserted by S.R. No. 132/2009 rule 16.

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Rule 2.45 FORM 6–2P

[heading as in Form 6–2A]

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

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

* Delete if not applicable

__________________

Form 6–2P substituted by S.R. No. 132/2009 rule 16.

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Rule 2.53 FORM 6–2Q

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.

6. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal without an oral hearing. Unless a person requests an oral hearing of the application for leave to appeal, the Court of Appeal may determine the application without an oral hearing.

7. A person may request an oral hearing and the request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.

__________________

Form 6–2Q inserted by S.R. No. 132/2009 rule 16, amended by S.R. No. 6/2011 rule 40(2).

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Rules 2.53, 2.54 FORM 6–2R

INFORMATION FOR PERSONS UPON WHOM A SENTENCE OF IMPRISONMENT HAS BEEN IMPOSED BY THE COUNTY COURT

UPON APPEAL FROM THE MAGISTRATES' COURT IN SUBSTITUTION FOR OTHER SENTENCE IMPOSED BY THE

MAGISTRATES' COURT

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 6–2R inserted by S.R. No. 132/2009 rule 16.

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Rule 3.03 FORM 6–3A

IN THE SUPREME COURT OF VICTORIA 20 No.AT

The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST INTERLOCUTORY DECISION

To the Registrar of Criminal Appeals:

I, [full name], am a party to a proceeding in the *County Court/*Trial Division of the Supreme Court for the prosecution of an indictable offence.

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:

[Signed by Appellant or legal practitioner on behalf of Appellant]

PARTICULARS

1. Appellant's name:

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:

8. State whether you wish to appear by audio visual link at the hearing of this proceeding.

Form 6–3A substituted by S.R. No. 132/2009 rule 17.

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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.

* Delete if not applicable

__________________

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Rule 3.04 FORM 6–3B

[heading as in Form 6–3A]

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

PROCEDURE ACT 2009

To the Registrar of Criminal Appeals:

I, [full name], am a party to a proceeding in the *County Court/*Trial Division of the Supreme Court for the prosecution of an indictable offence.

*Judge/*Justice [name of Judge] in that proceeding has refused to certify under section 295(3) of the Criminal Procedure Act 2009 so that an appeal against and interlocutory decision of that Judge may be made.

I APPLY to the Court of Appeal under section 296 of that Act for a review of the decision of the Judge to refuse to certify.

The ground(s) of my application for review are: [state precisely the grounds of the application for review]

Date:

[Signed by Appellant or legal practitioner on behalf of Appellant]

* Delete if not applicable

__________________

Form 6–3B substituted by S.R. No. 132/2009 rule 17.

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Rule 3B.02 FORM 6–3BA

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:

[Signature of Appellant]

* Delete if inapplicable.

PARTICULARS

1. Name and address of the appellant:

2. Name and address of the respondent:

3. Offence for which convicted and in relation to which it is sought to appeal:

4. Convicted at: [place and court]

5. Sentencing Judge:

6. Date of conviction:

7. Sentence:

Form 6–3BA inserted by S.R. No. 55/2010 rule 21.

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8. Date of sentence:

9. Name and address of legal practitioner who represented appellant at trial:

10. Name of counsel (if any) 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:

[Signature of appellant]

__________________

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Rule 3B.05 FORM 6–3BB

NOTICE OF SUPREME COURT'S DECISION ON APPEAL

TO the Prothonotary at:

TO the Registrar of the Children's Court at:

Regarding an appeal against the order(s) recorded at the Children's Court at [place] on [date] [specify order(s) the subject of the appeal]

Result of Appeal/Application

The result of the appeal is:

Offence/Type of Order Original Sentence/Order

Decision on Appeal

The order was made by Justice [name of Judge] on [date].

Associate

__________________

Form 6–3BB inserted by S.R. No. 55/2010 rule 21.

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Rule 3B.06 FORM 6–3BC

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:

3. Convicted at: [place and court]

4. Trial Judge:

5. Date of conviction:

6. Sentence:

7. Date of 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 6–3BC inserted by S.R. No. 55/2010 rule 21.

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Rule 3B.07 FORM 6–3BD

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:

AND TO: the respondent

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

1. Name of offender on whom sentence imposed:

2. Offence for which offender convicted and sentenced to which this appeal relates:

3. Convicted at: [place and court]

4. Sentencing Judge:

5. Date of conviction:

6. Sentence:

7. Date of sentence:

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 6–3BD inserted by S.R. No. 55/2010 rule 21.

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__________________

Rule 3B.08(1) FORM 6–3BE

NOTICE OF ABANDONMENT OF APPEAL UNDER SECTION 430C OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005

IN THE SUPREME COURT OF VICTORIA

AT

TO the Prothonotary:

AND TO the respondent [name] of [address]:

I wish to abandon my appeal against *conviction/*sentence in the Children's Court at [place] on [date].

I acknowledge that the *conviction/*sentence appealed from will take effect immediately upon lodging this form.

PARTICULARS

1. Name and address of the appellant:

2. Name and address of the respondent:

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

4. Convicted at: [place and court]

5. Sentencing Judge:

6. Date of *conviction/*sentence:

7. Sentence:

8. Children's Court reference number:

Date:

[Signature of appellant]

* Delete if inapplicable.

__________________

Form 6–3BE inserted by S.R. No. 55/2010 rule 21.

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Rule 3B.08(2) FORM 6–3BF

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

YOUTH AND FAMILIES ACT 2005

IN THE SUPREME COURT OF VICTORIA

AT

TO the Prothonotary:

AND TO the respondent [name] of [address]

An appeal was lodged against a decision of the Children's Court at [place] on [date].

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

PARTICULARS

1. Name and address of the appellant:

2. Name and address of the respondent:

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

4. Convicted at: [place and court]

5. Sentencing Judge:

6. Date of order:

7. Sentence:

8. Children's Court reference number:

Date:

[Signature of appellant]

* Delete if inapplicable.

__________________

Form 6–3BF inserted by S.R. No. 55/2010 rule 21.

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Rule 3B.09(1) FORM 6–3BG

IN THE SUPREME COURT OF VICTORIA

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]

* Delete if not applicable.

A copy of this order is to be provided to:

The Children's Court

The respondent or to the respondent's legal practitioner.

__________________

Form 6–3BG inserted by S.R. No. 55/2010 rule 21.

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Rule 3B.10 FORM 6–3BH

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:

[Signature of Appellant]

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

*delete if not applicable

__________________

Form 6–3BH inserted by S.R. No. 55/2010 rule 21.

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Rule 3B.12 FORM 6–3BI

NOTIFICATION OF RESULT OF APPEAL UNDER DIVISION 1 OR 2 OF PART 5.4 OF CHAPTER 5 OF THE CHILDREN, YOUTH

AND FAMILIES ACT 2005

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

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

* Delete if not applicable

__________________

Form 6–3BI inserted by S.R. No. 55/2010 rule 21.

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Rule 3C.02

FORM 6–3CAIN 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

TO the Registrar of the Children's Court at:

TO the Prothonotary at:

AND TO the respondent [name]:

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].

The grounds of the appeal are:

[set out the grounds in numbered paragraphs].

[Signed by or on behalf of the appellant or by legal practitioner on behalf of appellant]

PARTICULARS

1. Name and address of appellant:

2. Address for service of appellant:

3. Name and address of respondent:

4. Alleged offence(s) to which this appeal relates:

5. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:

6. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:

*7. I intend to personally attend the hearing of the appeal.

*7. I intend to appear by audio visual link at the appeal.

Form 6–3CA inserted by S.R. No. 207/2014 rule 7, amended by S.R. No. 105/2016 rule 6.

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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.

*Delete if not applicable

__________________

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Rule 3C.03

FORM 6–3CBIN THE MATTER of an appeal by [name], a child, under section 38ZE(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

NOTICE OF APPEAL BY CHILD AGAINST FINDING OF NOT GUILTY BECAUSE OF MENTAL IMPAIRMENT

TO the Registrar of the Children's Court at:

TO the Prothonotary at:

AND TO the respondent [name]:

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.

The grounds of the appeal are:

[set out the grounds in numbered paragraphs].

[Signed by or on behalf of the appellant or by legal practitioner on behalf of appellant]

PARTICULARS

1. Name and address of appellant:

2. Address for service of appellant:

3. Name and address of respondent:

4. Alleged offence(s) to which this appeal relates:

5. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:

6. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:

*7. I intend to personally attend the hearing of the appeal.

*7. I intend to appear by audio visual link at the appeal.

Form 6–3CB inserted by S.R. No. 207/2014 rule 7, amended by S.R. No. 105/2016 rule 7.

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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.

*Delete if not applicable

__________________

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Rule 3C.04

FORM 6–3CCIN 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

TO the Registrar of the Children's Court at:

TO the Prothonotary at:

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.

The grounds of the appeal are:

[set out the grounds in numbered paragraphs].

Date:

[Signed personally by DPP]

PARTICULARS

1. Address for service of appellant:

2. Name and address of respondent child:

3. Alleged offence(s) to which this appeal relates:

4. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:

5. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:

Form 6–3CC inserted by S.R. No. 207/2014 rule 7, amended by S.R. No. 105/2016 rule 8.

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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 391 of the Criminal Procedure Act 2009 within 7 days after the day on which this notice is filed.

*Delete if not applicable

__________________

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Rule 3C.05

FORM 6–3CDIN THE MATTER of an appeal by [name], a child, under section 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

NOTICE OF APPEAL BY A CHILD AGAINST SUPERVISION ORDER

TO the Registrar of the Children's Court at:

TO the Prothonotary at:

AND TO the respondent [name]:

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].

The grounds of the appeal are:

[set out the grounds in numbered paragraphs].

[Signed by or on behalf of the appellant or by legal practitioner on behalf of appellant]

PARTICULARS

1. Name and address of appellant:

2. Address for service of appellant:

3. Name and address of respondent:

4. Alleged offence(s) to which this appeal relates:

5. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:

6. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:

*7. I intend to personally attend the hearing of the appeal.

*7. I intend to appear by audio visual link at the appeal.

Form 6–3CD inserted by S.R. No. 207/2014 rule 7, amended by S.R. No. 105/2016 rule 9.

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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.

*Delete if not applicable

__________________

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Rule 3C.06

FORM 6–3CEIN 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 HUMAN SERVICES/*SECRETARY TO THE DEPARTMENT OF HEALTH AGAINST SUPERVISION

ORDER TO the Registrar of the Children's Court at:

TO the Prothonotary at:

AND TO the respondent [name of respondent child]:

I, [full name], the *Director of Public Prosecutions/*Attorney-General/*Secretary to the Department of Human Services/*Secretary to the Department of Health appeal to the Trial Division of the Supreme Court under section 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against a supervision order made by the Children's Court constituted by the *President/*Chief Magistrate who is a dual commission holder on [date] at [place] in relation to the respondent child [name].

I consider that a different supervision order should have been made and that this appeal should be brought in the public interest.

The grounds of the appeal are:

[set out the grounds in numbered paragraphs].

Date:

[Signed personally by *DPP/*Attorney-General/*Secretary to the Department of Human Services/*Secretary to the Department of Health]

PARTICULARS

1. Address for service of appellant:

2. Name and address of respondent child:

3. Alleged offence(s) to which this appeal relates:

Form 6–3CE inserted by S.R. No. 207/2014 rule 7, amended by S.R. No. 105/2016 rule 10.

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4. Name and address of legal practitioner who represented appellant at proceeding in the Children's Court:

5. Name of counsel (if any) who represented appellant at proceeding in the Children's Court:

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 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.

*Delete if not applicable__________________

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Rule 3D.03(1) FORM 6-3DA

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

Form 6–3DA inserted by S.R. No. 105/2016 rule 12.

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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:

[Signature of Appellant]

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:

[Signature of Appellant]

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:

[Signature of Appellant]

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

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(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.

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LEGAL ASSISTANCE

If you wish to make application for legal assistance you must make application in writing to Victoria Legal Aid (Melbourne—9269 0120) (Rural Areas—1800 677 402). 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.

*Delete if not applicable

__________________

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Rule 3D.03(3) FORM 6–3DB

NOTICE UNDER SECTION 255(6)(A) 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 6–3DB inserted by S.R. No. 105/2016 rule 12.

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Rule 3D.04(1) FORM 6–3DC

MAGISTRATES' COURT CASE No.

SUPREME COURT CASE No.

NOTICE OF APPEAL UNDER SECTION 257 OF THE CRIMINAL PROCEDURE ACT 2009 BY DPP AGAINST SENTENCE IMPOSED

BY MAGISTRATES' COURT CONSTITUTED BY CHIEF MAGISTRATE WHO IS A DUAL COMMISSION 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

1. Name of offender on whom sentence imposed:

2. Offence for which offender convicted and sentenced to which this appeal relates:

3. Convicted at: [place and court]

4. Chief Magistrate:

5. Date of conviction:

6. Sentence:

7. Date of sentence:

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:

Form 6–3DC inserted by S.R. No. 105/2016 rule 12.

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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.

__________________

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Rule 3D.04(3) FORM 6–3DD

MAGISTRATES' COURT CASE No.

SUPREME COURT CASE No.

NOTICE OF APPEAL UNDER SECTION 260 OF THE CRIMINAL PROCEDURE ACT 2009 BY DPP AGAINST SENTENCE IMPOSED

BY MAGISTRATES' COURT CONSTITUTED BY CHIEF MAGISTRATE WHO IS A DUAL COMMISSION 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:

[Signed by the DPP personally]

PARTICULARS

1. Name of offender on whom sentence imposed:

2. Offence for which offender convicted and sentenced to which this appeal relates:

3. Convicted at: [place and court]

4. Chief Magistrate:

5. Date of conviction:

6. Sentence:

7. Date of sentence:

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:

Form 6–3DD inserted by S.R. No. 105/2016 rule 12.

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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.

__________________

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Rule 3D.06 FORM 6–3DE

IN THE SUPREME COURT CASE No.

OF VICTORIA

AT

IN THE MATTER OF

NOTICE OF ABANDONMENT OF APPEAL

THIS FORM IS FILED ON BEHALF OF:

ADDRESS:

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

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:

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 inserted by S.R. No. 105/2016 rule 12.

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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:

[Signature of Appellant]

*Delete if not applicable

__________________

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Rule 3D.07 FORM 6–3DF

IN THE SUPREME COURT CASE No.

OF VICTORIA

AT

IN THE MATTER OF

WRITTEN NOTICE OF ABANDONMENT OF APPEAL—CONVICTION ONLY

THIS FORM IS FILED ON BEHALF OF:

ADDRESS:

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

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:

AND TO the Respondent: [name] of [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].

The Magistrates' Court reference number is

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

Date:[Signature of Appellant]

*Delete if not applicable

__________________

Form 6–3DF inserted by S.R. No. 105/2016 rule 12.

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Rule 3D.08 FORM 6–3DG

IN THE SUPREME COURT CASE No.

OF VICTORIA

AT

IN THE MATTER OF

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

THIS FORM IS FILED ON BEHALF OF:

ADDRESS:

THIS MATTER WAS LISTED ON: [date]

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

*I represent the applicant

Firm: Practitioner's name:

Solicitor Code: Ref.:

TO the Prothonotary of the Supreme Court at:

AND TO the Respondent: [name] of [address]

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 Magistrates' Court reference number is

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 inserted by S.R. No. 105/2016 rule 12.

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Reasons for application

The application is made on the grounds that the failure to appear was not due to fault or neglect on the part of the appellant. The appellant's reasons are: [give details]

I understand that notice of this application must be served on the respondent a reasonable time before the hearing of the application and that under section 392 of the Criminal Procedure Act 2009, the notice must be served:

(a) by giving a copy of the document to—

(i) the informant; or

(ii) a person representing the informant at a hearing in relation to the charge; or

(b) by sending a copy of the document by prepaid ordinary post addressed to the informant at the business address nominated by the informant under section 18 of that Act; or

(c) by sending a copy of the document by fax or email addressed to the informant at the fax number or email address nominated by the informant under section 18 of that Act; or

(d) by leaving a copy of the document for the informant at the informant's business address with a person who appears to work there; or

(e) in any other manner agreed between the informant and the party serving the document.

I also understand that the filing of this application does not stay the original sentence.

Date:

[Signature of Applicant/Applicant's legal practitioner]

HEARING OF APPLICATION

The Prothonotary of the Supreme Court will fix the date and place for the hearing of this application and will, a reasonable time before the hearing, notify the date and place of the hearing, in writing, to each party and to each legal practitioner who has given notice that they act on behalf of a party.

*Delete if not applicable

__________________

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Rule 3D.09 FORM 6–3DH

IN THE SUPREME COURT CASE No.

OF VICTORIA

AT

IN THE MATTER OF

APPELLANT RESPONDENT

RESULT OF APPEAL FORM

TO the Prothonotary of the Supreme Court at:

TO the Registrar of the Magistrates' Court at:

Regarding an appeal against

Recorded at the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder [place] on [date].

Magistrates' Court reference number

Result of Appeal/Application

The result of the appeal is:

Offence/Type of Order Original Sentence/Order

Decision on Appeal

The order was made by [*Judge/*Prothonotary] on [date].

[Signature of *Judge/*Prothonotary]

*Delete if not applicable

__________________

Form 6–3DH inserted by S.R. No. 105/2016 rule 12.

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Rule 4.03 FORM 6–4A

IN THE SUPREME COURT OF VICTORIAAT

The Queen

v.

[name of accused]

NOTICE TO ACCUSED UNDER SECTION 171 OF THE CRIMINAL PROCEDURE ACT 2009

The Director of Public Prosecutions does not have any notice that you are represented by a legal practitioner in relation to the charges set out in the copy of the indictment which accompanies this notice.

You should seek legal representation as soon as possible and you have the right, if eligible, to legal aid under the Legal Aid Act 1978.

You should take this notice and the indictment to your legal practitioner or to Victoria Legal Aid without delay.

If you wish to be legally aided in this matter, your legal practitioner or Victoria Legal Aid will be able to assist in your application for legal aid.

Victoria Legal Aid can be contacted at [insert contact details].

__________________

Form 6–4A substituted by S.R. No. 132/2009 rule 18.

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Rules 4.04, 4.05 FORM 6–4B

IN THE SUPREME COURT OF VICTORIAAT

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 Criminal Trial Listing Directorate 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 6–4B substituted by S.R. No. 132/2009 rule 18.

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Rule 4.05 FORM 6–4C

[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 CTLD, 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 CTLD, 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 4.04(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.

__________________

Form 6–4C inserted by S.R. No. 132/2009 rule 18.

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Rule 4.07 FORM 6–4D

[heading as in Form 6–4B]

QUESTIONNAIRE

To: [legal practitioner for accused]

The trial of [name of accused] is now—

* [if a bail case] ready to be listed;

* [if sexual offence case] required to be commenced by [insert date];

* [if a remand case] proposed to be listed not later than [insert date];

* proposed to be listed for hearing on [insert date].

Under Rule 4.07 of Chapter VI of the Supreme Court Rules YOU ARE REQUIRED WITHIN 14 DAYS to answer the following questions and to return the answers to the Criminal Trial Listing Directorate.

1. Is your firm acting for [name of accused]? YES/NO

2. Have you (or your firm) made arrangements satisfactory to you (or your firm) for payment of legal costs in relation to this matter? YES/NO

3. Will your firm represent [accused] on the trial? YES/NO

4. If NO to question 1:

(a) Do you understand that [accused] has other legal representation? YES/NO

If YES, please state the name and address of that other practitioner (if known);

(b) When did your firm cease to act for [accused]?

5. If NO to question 2:

(a) Has application been made by your firm or by [names of any other persons] for legal assistance on behalf of [accused]? YES/NO

If YES, give the date of such application (if known);

(b) If NO to (a), has [accused] been advised by your firm to apply for legal assistance? YES/NO.

Director

Criminal Trial Listing Directorate

* Delete if not applicable

Form 6–4D substituted by S.R. No. 132/2009 rule 18.

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__________________

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Rule 4.11 FORM 6–4E

IN THE SUPREME COURT OF VICTORIAAT

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]

* Delete if not applicable

__________________

Form 6–4E substituted by S.R. No. 132/2009 rule 18.

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Rule 4.13 FORM 6–4F

IN THE SUPREME COURT OF VICTORIAAT

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 6–4F inserted by S.R. No. 132/2009 rule 18.

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Rule 4.14 FORM 6–4G

IN THE SUPREME COURT OF VICTORIAAT

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 6–4G inserted by S.R. No. 55/2010 rule 14.

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Rule 4.14 FORM 6–4H

IN THE SUPREME COURT OF VICTORIAAT

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 members of the police force or [insert name of member of the police force 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 him or her 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

Form 6–4H inserted by S.R. No. 55/2010 rule 14.

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Details about this warrant

Issued at [place]

On [date]

*delete if not applicable[Signature of Judge]

__________________

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Rule 5.03(1) FORM 6–5A

IN THE SUPREME COURT OF VICTORIAAT

A.B.andC.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.

6. I have made the following payments under the order—

[here set out details of payments made].

7. *I now want to pay the money I owe—

Form 6-5A substituted by S.R. No. 143/2015 rule 12.

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*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 $ .

Dated: [Signature of Applicant]

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

*Delete if not applicable

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Rule 5.07(1) FORM 6–5B

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.

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

IF YOU DO NOT PAY OR TAKE ANY ACTION

Form 6-5B substituted by S.R. No. 143/2015 rule 12.

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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.

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* * * * *

Forms 6-5C, 6-5D revoked by S.R. No. 143/2015 rule 13.

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Rule 5.07(4) FORM 6–5E

SUMMONS FOR FAILURE TO PAY A FINE

IN THE SUPREME COURT OF VICTORIAAT

A.B.andC.D.

TO Ref. No.

of

Date of birth / /

1. On you were found guilty of an offence and the Court ordered you to pay the following amount(s):

Act/section FineStatutory

CostsCosts/Otheramount(s) Paid Unpaid

$ $ $ $ $

TOTAL AMOUNT NOW PAYABLE

2. The Court records show that you have not paid the above amount payable and a warrant to seize your property to recover that amount has been returned unsatisfied.

3. YOU ARE DIRECTED TO APPEAR BEFORE THE COURT ATat a.m./p.m. ON , 20 TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S).

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Issued at on

Prothonotary

NOTES

1. If you pay the above amount to the Prothonotary on or before the date for hearing of this summons, you will not be required to appear at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs.

2. Payments may be made personally or posted to the Prothonotary. You must quote the Court reference at the top of this summons.

3. If you do not pay the amount due or appear at Court as directed by this summons, a warrant for your arrest may be issued.

_______________

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Rule 5.08 FORM 6–5F

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 6-5F amended by S.R. No. 143/2015 rule 14.

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Rule 5.09 FORM 6–5G

SUMMONS—APPLICATION UNDER SECTION 28 OF THE SHERIFF ACT 2009

IN THE SUPREME COURT OF VICTORIAAT

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 [e.g. 15 June 20 ].

This summons was filed by [identify applicant or applicant's legal representative].

__________________

Form 6-5G inserted by S.R. No. 98/2009 rule 8.

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Rules 6.05(1), 6.06(2) and 6.07

FORM 6–6A

IN THE SUPREME COURT OF VICTORIA

AT

IN THE MATTER of the *Confiscation Act 1997/ *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

IN THE MATTER of an Application by AB [name in full] Applicant

APPLICATION UNDER SECTION [INSERT RELEVANT SECTION AND RELEVANT ACT] FOR RESTRAINING ORDER

TO: the Prothonotary of the Supreme Court of Victoria

TAKE NOTICE THAT [name of the person making the application]("the Applicant")

MAKES APPLICATION under

* section *16(1), *16(2)(a), *16(2)(b), *16(2)(c) or *16(2)(d) 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 *17, *18, *19 or *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].

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

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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

[state offence and, if relevant, details of conviction]

and that offence is, within the meaning of the Confiscation Act—

* a Schedule 1 offence

* a Schedule 2 offence

* in the case of an application under section 16(2)(a) of the Confiscation Act, a member of the police force suspects on reasonable grounds that property is tainted property in relation to a Schedule 2 offence.

* pursuant to the Commonwealth Act [insert relevant details]

2. THE APPLICANT is—

* the Director of Public Prosecutions

* a prescribed person

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

* in the case of an application under the Commonwealth Act, the Director of Public Prosecutions within the meaning of the Commonwealth Act.

3. THE APPLICATION IS IN RESPECT OF the following property or interest in the following 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:

* in the case of an application under the Confiscation Act, the 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

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* to satisfy any civil forfeiture order that may be made under Part 4 of the Confiscation Act

* to satisfy any pecuniary penalty order that may be made under Part 8 of the Confiscation Act

* to satisfy any order for restitution or compensation that may be made under the Sentencing Act 1991

* in the case of an application under the Commonwealth Act, to satisfy [insert relevant details]

THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the Judge in the Practice Court/*the trial Judgein the [number] Court at 210 William Street, Melbourne,on [date] *at [time]/*after sentence.

[Signed by Prothonotary]

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––* Delete if not applicable

_______________

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Rule 6.06(3) FORM 6–6B

[heading as in Form 6–6A]

NOTICE OF APPLICATION MADE UNDER SECTION 16

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 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 trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion].

[Signed by Prothonotary]

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 for an exclusion order, the Rules of the Supreme Court require you to give the Applicant notice of the grounds on which the application is to be contested. The Rules also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

Date:[Signed by Applicant]

NOTE: If a 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.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––* Delete if not applicable

_______________

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Rule 6.08(1)(a) FORM 6–6C

IN THE SUPREME COURT OF VICTORIAAT

IN THE MATTER of the Confiscation Act 1997

and

IN THE MATTER of an offender or alleged offender, XY [name in full]

BETWEEN:

AB Applicant

and

CD Respondent

NOTICE OF APPLICATION TO BE MADE UNDER SECTION 20 FOR EXCLUSION ORDER

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

("the Respondent(s)")

TAKE NOTICE THAT [name of the person making the application]

("the Applicant")

INTENDS TO APPLY under section 20 of the Confiscation Act 1997 ("the Confiscation Act") for an Order excluding from a Restraining Order the following interest in property:[describe in detail the interest in property which it is sought to exclude from the Restraining Order]

THE ADDRESS FOR SERVICE of the Applicant is [insert address]

PARTICULARS OF APPLICATION

1. THE JURISDICTION to make the order sought arises because (or when) a Restraining Order has been made under section 18 of the Confiscation Act in relation to the property of [name in full] on the application of [name of applicant for Restraining Order]

2. THE APPLICANT is a person claiming an interest in the following interest in property which is otherwise subject to the Restraining Order, that is to say: [describe in detail the interest in property in respect of which exclusion is sought]

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3. THE RESPONDENT(S) to this application is/are—

* a person who the Applicant has reason to believe has an interest in the property in respect of which exclusion is sought

* the applicant for the abovementioned Restraining Order

4. THE GROUNDS on which this application will be made are as follows—[set out in detail the grounds of the application]

THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or the occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given on affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

_______________

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Rule 6.08(1)(b) FORM 6–6D

[heading as in Form 6–6C]

NOTICE OF APPLICATION TO BE MADE UNDER SECTION 26 FOR FURTHER ORDERS

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

("the Respondent(s)")

TAKE NOTICE THAT [name of the person making the application]

("the Applicant")

INTENDS TO APPLY under section 26 of the Confiscation Act 1997 ("the Confiscation Act") FOR FURTHER ORDER(S) in relation to property to which a Restraining Order relates, that is to say—

[set out in detail the order(s) sought]

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

PARTICULARS OF APPLICATION

1. THE JURISDICTION to make the order(s) sought arises because in relation to the property of XY—

* application has been made to the Supreme Court of Victoriafor a Restraining Order

* the Supreme Court of Victoria made a Restraining Order on [date]

2. THE APPLICANT is: [describe the standing of the Applicant to make the application, e.g. the applicant for the 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 s.26(2) of the Confiscation Act]

3. THE APPLICATION IS IN RESPECT of the following property—

[describe in detail the 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 paragraphs (a) to (d) of section 26(2) of the Confiscation Act who could have applied for the Order(s) which is/are sought on this application.

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5. THE GROUNDS on which this application will be made are as follows—

[set out in detail the grounds of the application]

*THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or the occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

_______________

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Rule 6.08(1)(c) FORM 6–6E

[heading as in Form 6–6C]

NOTICE OF APPLICATION TO BE MADE UNDER SECTION 32 FOR FORFEITURE ORDER

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

("the Respondent(s)")

TAKE NOTICE THAT [name of the person making the application]

("the Applicant")

INTENDS TO APPLY 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]

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

PARTICULARS OF APPLICATION

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.

2. THE APPLICANT is—

* the Director of Public Prosecutions* an appropriate officer within the meaning of the Confiscation

Act

3. THE RESPONDENT(S) to this application is/are—

* the person in respect of whose property the Order is sought* a person who the Applicant has reason to believe has an interest

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

4. THE GROUNDS on which this application will be made are as follows—

[set out in detail the grounds of the application]

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5. IF the Respondent has already been convicted of the offence described above, A TIME LIMIT APPLIES under section 32(2) of the Confiscation Act and this application will be made—

* before the end of the relevant period (as defined by the Confiscation Act) in relation to the conviction

* after the end of the relevant period (as so defined), but the Applicant will seek the leave of the Court to make this application out of time

6. HAS ANY PREVIOUS APPLICATION been made under section 32(1) of the Confiscation Act in relation to the same conviction?

* No such application has been made

* Such an application was made on [date] but that application has not been finally determined

* Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application

*THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or the occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

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If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

_______________

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Rule 6.08(1)(d) FORM 6–6F

[heading as in Form 6–6C]

NOTICE OF APPLICATION TO BE MADE UNDER SECTION 37 FOR CIVIL FORFEITURE ORDER

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

("the Respondent(s)")

TAKE NOTICE THAT [name of the person making the application]

("the Applicant")

INTENDS TO APPLY 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]

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 the offence of [describe the offence] which is a Schedule 2 offence within the meaning of the Confiscation Act and a Restraining Order under section 18(2) was made by the [name] Court on [date].

2. THE APPLICANT is—

* the Director of Public Prosecutions* a prescribed person within the meaning of section 37* a person belonging to a prescribed class of persons, namely:

[identify class]

3. THE RESPONDENT(S) to this application is/are—

* the person who has been charged with a Schedule 2 offence* 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* the applicant for the Restraining Order which is in force* a person to whom the Court has required that notice be given

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4. THE GROUNDS on which this application will be made are as follows—

[set out in detail the grounds of the application]

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

*THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

_______________

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Rule 6.08(1)(e) FORM 6–6G

[heading as in Form 6–6C]

NOTICE OF APPLICATION TO BE MADE UNDER SECTION 45 FOR RELIEF FROM HARDSHIP

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

("the Respondent(s)")

TAKE NOTICE THAT [name and address of the person making the application]

("the Applicant")

INTENDS TO APPLY under section 45 of the Confiscation Act 1997 ("the Confiscation Act") FOR THE FOLLOWING ORDERS—

(a) an order that an amount of [specify sum] be paid to [name of payee] out of the property forfeited in order to prevent hardship to [name of person for whose benefit this application is being made]

(b) (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

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

PARTICULARS OF APPLICATION

1. THE JURISDICTION to make the order(s) sought arises because—

* property has been forfeited under a forfeiture order or a civilforfeiture 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

2. THE APPLICANT *is/*is not a person under the age of 18 years.

3. THE RESPONDENT to this application *was/*is the applicant for the forfeiture order *made/*sought in respect of XY.

4. THE GROUNDS on which this application will be made are as follows—

[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 hardship to the person for whose benefit the application is made]

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*THE APPLICANT WILL RELY UPON the affidavit(s) made by [name of deponent(s)] filed in support of this application and be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or the occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

_______________

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Rule 6.08(1)(f) FORM 6–6H

[heading as in Form 6–6C]

NOTICE OF APPLICATION TO BE MADE UNDER PART 6 OF THE CONFISCATION ACT FOR EXCLUSION ORDER

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

("the Respondent(s)")

TAKE NOTICE THAT [name and address of the person making the application]

("the Applicant")

INTENDS TO APPLY 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]

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

PARTICULARS OF APPLICATION

1. THE JURISDICTION to make the order(s) sought arises because certain property—

* has been forfeited, or is sought to be forfeited, under a forfeitureorder

* has been forfeited under section 35 of the Confiscation Act* has been forfeited under section 38 of the Confiscation Act

2. THE APPLICANT is—

*(a) in the case of an application under section 49 or 51, a person (other than the defendant) 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 53, a person (other than a person who is suspected to have committed the Schedule 2 offence in relation to which a restraining order was made against the property) who claims an interest in the property or claims to have had an interest in the property immediately before it was forfeited.

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3. THE RESPONDENT(S) to this application is/are—

* the applicant for the forfeiture order* the Director of Public Prosecutions* a person who the Applicant has reason to believe has an interest

in the property or had an interest in the property immediately before it was forfeited

4. THE GROUNDS on which this application will be made are as follows—

[set out in detail the grounds of the application]

5. IF a forfeiture order has already been made or property has been forfeited under section 35 or 38, A TIME LIMIT APPLIES under section 49(2), 51(2) or 53(2) of the Confiscation Act and this application will be made—

* within the period of 60 days after the day on which the forfeiture order was made or the property was forfeited (as the case may be)

* after the end of that period of 60 days, but the Applicant will seek the leave of the Court to make this application out of time

THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or the occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

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If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

_______________

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Rule 6.08(1)(g) FORM 6–6J

[heading as in Form 6–6C]

NOTICE OF APPLICATION TO BE MADE UNDER SECTION 58 FOR PECUNIARY PENALTY ORDER

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

TAKE NOTICE THAT [name of the person making the application]

("the Applicant")

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

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

PARTICULARS OF APPLICATION

1. THE JURISDICTION to make the order(s) sought arises because (or when) XY has been convicted of the offence of [describe the offence] which, within the meaning of the Confiscation Act 1997 ("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 (or if not yet convicted, has been charged with) the offence described above.

4. THE GROUNDS on which this application will be made are as follows—

[set out in detail the grounds of the application]

5. IF the Respondent has already been convicted of the offence described above, A TIME LIMIT APPLIES under section 58(3) of the Confiscation Act and this application will be made—

* before the end of the relevant period (as defined by theConfiscation 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

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6. HAS ANY PREVIOUS APPLICATION been made under section 58 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

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

*THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

_______________

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Rule 6.08(1)(h) FORM 6–6K

[heading as in Form 6–6C]

NOTICE OF APPLICATION TO BE MADE UNDER SECTION 63 FOR PECUNIARY PENALTY ORDER

TO: [full name and address of XY]

("the Respondent")

TAKE NOTICE THAT [name of the person making the application]

("the Applicant")

INTENDS TO APPLY FOR A PECUNIARY PENALTY ORDER under section 63(1) of the Confiscation Act 1997 ("the Confiscation Act").

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 the offence of [describe the offence] which is a Schedule 2 offence within the meaning of the Confiscation Act.

2. THE APPLICANT is—

* the Director of Public Prosecutions* a prescribed person within the meaning of section 63 of the

Confiscation Act* a person belonging to a prescribed class of persons, namely

[identify class]

3. THE RESPONDENT to this application is the person who has been charged with the offence which is a Schedule 2 offence within the meaning of the Confiscation Act.

4. THE GROUNDS on which this application will be made are as follows—

[set out in detail the grounds of the application]

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5. IF a Restraining Order is in force under Part 2 of the Confiscation Act, A TIME LIMIT APPLIES under section 63(3) and this application will be made—

* within the period of 7 days after the making of the RestrainingOrder by the [name] Court on [date]

* after the expiry of that period of 7 days, but the Applicant will seek the leave of the Court to make this application out of time

6. IF the charge against XY has been withdrawn or finally determined, A TIME LIMIT APPLIES under section 63(3A) of the Confiscation Act and this application will be made—

* within the period of 6 months after the day on which the chargewas withdrawn or finally determined, as the case may be

* after the end of that period, but the Applicant will seek theleave of the Court to make this application out of time

7. HAS ANY PREVIOUS APPLICATION been made under section 63(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

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

*THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or occasion].

[Signed by Prothonotary]

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NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

_______________

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Rule 6.08(2) FORM 6–6L

[heading as in Form 6–6C]

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

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

("the Respondent(s)")

TAKE NOTICE THAT [name of the person making the application]

("the Applicant")

INTENDS TO APPLY under section [number] of the Confiscation Act 1997 ("the Confiscation Act") FOR THE FOLLOWING ORDER(S)—

[set out in detail the order(s) sought]

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

PARTICULARS OF APPLICATION

1. THE JURISDICTION to make the order(s) sought arises because [set out circumstances giving rise to the jurisdiction, e.g. XY was convicted on [date] in the [name] Court of the offence of [describe] which is a Schedule 2 offence within the meaning of the Confiscation Act OR XY will be charged within 48 hours with an offence which is a Schedule 2 offence OR in respect of a Schedule 2 offence, a member of the police force suspects on reasonable grounds that the property of XY is tainted property in relation to that offence OR the Supreme Court of Victoria made a Restraining Order on [date] in relation to the property of XY OR application has been made to the Supreme Court of Victoria for a Restraining Order in relation to the property of XY, OR as the case requires]

2. THE APPLICANT is [describe the standing of the Applicant to make the application, e.g. the Director of Public Prosecutions OR a person who has an interest in the property which is subject to a Restraining Order made on [date] OR a person who is caused hardship by the forfeiture of property under an order made on [date] in respect of the property of XY, OR as the case requires]

3. *THE APPLICATION IS IN RESPECT OF the following property—[describe the property in detail]

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4. THE RESPONDENT(S) to this application is/are—

[describe the standing of the person(s) to whom notice is given, e.g. the person who obtained the Restraining Order (or the Forfeiture Order, as the case may be) in respect of XY OR a person who the Applicant has reason to believe has an interest in the property or the Director of Public Prosecutions, OR as the case requires]

5. THE GROUNDS on which this application will be made are as follows—

[set out in detail the grounds of the application]

6. A TIME LIMIT *does/*does not apply in respect of this application. [If a time limit does apply, state what that time limit is and whether it has been observed and, if not, state whether leave is sought to make the application out of time and on what grounds]

*THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith.

Date:[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the trial Judge/*the Judge in the Practice Courtat the [number] Court, 210 William Street, Melbourne, on[date] at [time of day or occasion].

[Signed by Prothonotary]

NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED

You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order.

If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested.

The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely.

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

* Delete if not applicable

__________________

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FORM 6–6LA

Rule 6.10(2)

NOTICE OF OPPOSITION TO APPLICATION

[Heading as Form 6–6C]

TO: [full name and address of applicant]

TAKE NOTICE THAT [full name of the person intending to oppose the application] INTENDS TO OPPOSE the application in this proceeding.

THE GROUNDS on which this application will be opposed are as follows—

[set out in detail the grounds of the opposition to the application]

1.

2.

3.

THE ADDRESS FOR SERVICE of the person intending to oppose 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]

__________________

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FORM 6–6M

Rule 6.12(2)

[heading as in Form 6–6C]

IMPORTANT NOTE

TO: [name and address of person being served with copy of Restraining Order]

Enclosed is a copy of a Restraining Order made by the Supreme Court of Victoria on [date] in relation to the property of XY.

The Order was made under Part 2 of the Confiscation Act 1997 of the State of Victoria. It was made for the purpose of satisfying automatic forfeiture of property that may occur under Division 2 of Part 3 of that Act.

Accordingly, the restrained property is forfeited to the State on the expiry of 60 days after the making of this restraining order or (if later) the conviction of XY of the Schedule 2 offence in reliance upon which, or by reference to the charging or proposed charging of which, this Restraining Order was made UNLESS WITHIN THAT PERIOD OF 60 DAYS an application has been made for an exclusion order under section 22 of the Confiscation Act 1997.

The circumstances in which the Court may make an exclusion order excluding property (including any interest in property) from the operation of the Restraining Order are set out in section 22. If you wish to make such an application, you should act promptly.

Date:

[Signed]

[Whenever a Restraining Order is made by the Court under Part 2 of the Confiscation Act 1997 for the purpose of automatic forfeiture, the above IMPORTANT NOTE, or a note to like effect, is to accompany a copy of the Court's order when it is being served.]

_______________

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Rule 6.13(1) FORM 6–6N

IN THE SUPREME COURT OF VICTORIA Proceeding No.

AT

IN THE MATTER OF THE Confiscation Act 1997

and

IN THE MATTER of an offender or alleged offender, 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 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

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

* 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

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If you claim an interest in the property which 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]

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

* Delete if not applicable

_______________

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Rule 6.05(2) FORM 6–6O

IN THE SUPREME COURT OF VICTORIAAT

IN THE MATTER of the *Confiscation Act 1997/ *Proceeds of Crime Act 2002 of the Commonwealth

and

IN THE MATTER of an Application by AB [name in full] Applicant

APPLICATION UNDER SECTION [INSERT RELEVANT SECTION AND RELEVANT ACT] FOR MONITORING ORDER

TO: the Prothonotary of the Supreme Court of Victoria

TAKE NOTICE THAT [name of the person making the application]("the Applicant")

MAKES APPLICATION 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].

* 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].

THE ADDRESS FOR SERVICE of the Applicant is: [insert address]

PARTICULARS OF APPLICATION

1. THE JURISDICTION to make the order(s) sought arises because—[specify details which support the making of the application]

2. THE APPLICANT is—

* in the case of an application under the Confiscation Act—

* a member of the police force; or

* the Director, Police Integrity under section 102A(2) of the Police Regulation Act 1958.

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* in the case of an application under the Commonwealth Act, an authorised officer of an enforcement agency within the meaning of the Commonwealth Act.

3. THE APPLICATION IS IN RESPECT OF the following account—[insert relevant details]

4. THE GROUNDS on which this application is made are as follows—[set out in detail the grounds of the application]

* THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith, in the case of an application under the Confiscation Act.

Date:

[Signed by Applicant]

PARTICULARS OF HEARING

This application will be heard—

by *the Judge in the Practice Court/*the trial Judgein the [number] Court at 210 William Street, Melbourne,

on [date] *at [time]/*after sentence.

[Signed by Prothonotary]

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––* Delete if not applicable

_______________

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Rule 7.03(1) FORM 6–7A

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Surveillance Devices Act 1999

and

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

APPLICATION FOR 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

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(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:

[Applicant's signature]

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

* Delete if not applicable

__________________

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Rule 7.03(2) FORM 6–7B

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Surveillance Devices Act 1999

and

IN THE MATTER of an application for a retrieval warrant

APPLICATION FOR RETRIEVAL 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]—

*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.

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].

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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:

[Applicant's signature]

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

* Delete if not applicable

__________________

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Rule 7.03(3) FORM 6–7C

IN THE SUPREME COURT OF VICTORIA

IN THE MATTER of the Surveillance Devices Act 1999

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 [organisation to which officer belongs] at [name of station/address of premises at which officer works]

*HAVING APPLIED for/*INTENDING TO APPLY for a warrant under Division 1 of Part 4 of the Surveillance Devices Act 1999 ("the Act")

AND BELIEVING that it is necessary to obtain the assistance of another person for the effective execution of the warrant

HEREBY APPLY under section 21 of the Act for an Order directing [insert name and address of person against whom the order is sought]

to assist in the execution of [describe or otherwise identify the warrant in respect of which the order is sought]

by [insert details of the kind of assistance that the person is to give] in the following manner: [insert details of the manner in which the assistance is to be given].

*IT IS PROPOSED that the Order should be subject to the following conditions [describe conditions, if any].

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].

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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.

Date:

[Applicant's signature]

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

* Delete if not applicable.

_______________

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Rule 7.05 FORM 6–7D

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Surveillance Devices Act 1999

And

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

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

*(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.

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IN DETERMINING WHETHER the warrant should be issued the Judge has had regard to the several matters referred to in section 17(2) of the Act.

MATTERS SPECIFIED FOR THE PURPOSES OF SECTIONS 18 AND 19 OF THE ACT

NAME OF APPLICANT

[insert name of applicant]

ALLEGED OFFENCE

The alleged offence in respect of which this warrant is issued is [specify alleged offence].

DATE OF WARRANT

[insert date]

KIND OF SURVEILLANCE DEVICE

This warrant authorises the use of the following kinds of surveillance device:

*a data surveillance device;*a listening device;*an optical surveillance device;*a tracking device.

*PREMISES

This warrant authorises the use of the specified surveillance device(s) on particular premises, namely:

[insert details of premises]

*OBJECT(S)

This warrant authorises the use of the specified surveillance device(s) in or on a particular object or class of object, namely:

[insert details of object(s)]

*PERSONS

This warrant authorises the use of the specified surveillance device(s) in respect of the conversations, activities or geographical location of a particular person or persons, as follows:

[insert name of person or persons, if known]

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*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].

[signature of Judge]

[name of Judge]

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

* Delete if not applicable

__________________

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Rule 7.06 FORM 6–7E

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Surveillance Devices Act 1999

and

IN THE MATTER of an application for a 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").

*THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of each affidavit relied upon by the applicant]

THE JUDGE IS SATISFIED OF THE MATTERS REFERRED TO IN SECTION 20E(1) OF THE ACT AND IN PARTICULAR—

(a) that there are reasonable grounds for the applicant's suspecting or believing that a surveillance device that was lawfully installed on premises, or in or on an object, under a surveillance device warrant is still on those premises or in or on that object or on other premises or in or an another object; and

*(b) (in the case of an unsworn application as defined in the Act) that it would have been impracticable for an affidavit to have been made before the application was made; and

*(c) (in the case of a remote application as defined in the Act) that it would have been impracticable for the applicant to have applied in person for the warrant.

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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.

MATTERS SPECIFIED FOR THE PURPOSES OF SECTIONS 20F AND 20G OF THE ACT

NAME OF APPLICANT

[insert name of applicant]

DATE OF WARRANT

[insert date]

KIND OF SURVEILLANCE DEVICE AUTHORISED TO BE RETRIEVED

This warrant authorises the retrieval of the following kinds of surveillance device that were lawfully *installed on premises/*in or on an object or class of object under a warrant:

*a data surveillance device;*a listening device;*an optical surveillance device;*a tracking device.

*If this warrant authorises the retrieval of a tracking device, the warrant also authorises the use of a tracking device and any enhancement equipment in relation to the device solely for the purposes of the location and retrieval of the device or equipment.

*PREMISES

This warrant authorises the retrieval of the specified surveillance device(s) from particular premises, namely:

[insert details of premises]

*OBJECT(S)

This warrant authorises the retrieval of the specified surveillance device(s) from a particular object or class of object, namely:

[insert details of object(s)]

THIS WARRANT ALSO AUTHORISES—

1. the entry, by force if necessary, onto the premises where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and

2. the breaking open of any thing for the purpose of the retrieval of the device and equipment; and

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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].

[signature of Judge]

[name of Judge]

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

* Delete if not applicable

__________________

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Rule 7.07(1) FORM 6–7F

IN THE SUPREME COURT OF VICTORIA

IN THE MATTER of the Surveillance Devices Act 1999

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:

[signature of Judge]

* Delete if not applicable

_______________

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Rule 7.07(3) FORM 6–7G

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].

* Delete if not applicable

__________________

Rule 9.03 FORM 6–9A

IN THE SUPREME COURT OF VICTORIA

AT

IN THE MATTER of the Witness Protection Act 1991

and

IN THE MATTER of an application for an application for an order under section 6 of the Act.

APPLICATION

I, [name ], being the Chief Commissioner of Police for Victoria HEREBY APPLY, pursuant to section 6 of the Witness Protection Act 1991, for an order authorizing [name of member of police force], [rank of member of police force] of Police of [name of station or address of premises at which member 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]

__________________

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Rule 10.03 FORM 6–10A

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

IN THE SUPREME COURT OF VICTORIA

AT

The Queen

v.

[name of accused]

PARTICULARS OF APPLICATION

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 6–10A amended by S.R. No. 146/2009 rule 12(a).

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Rules 10.04, 10.05 and 10.06

FORM 6–10B

NOTICE OF APPLICATION UNDER SECTION 42M, 42N OR 42P OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958

IN THE SUPREME COURT OF VICTORIA

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]

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 6–10B amended by S.R. No. 146/2009 rule 12(b).

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__________________

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Rule 11.03 FORM 6–11A

IN THE SUPREME COURT OF VICTORIAAT

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] of the police force of Victoria of [name of station or address of premises at which member 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 upon the following grounds—[insert]

*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].

[Applicant's signature]

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

*delete if not applicable__________________

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Rule 11.05 FORM 6–11B

IN THE SUPREME COURT OF VICTORIAAT

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 member of the police force of Victoria making the application for the warrant], ("the applicant") [rank/position of officer], of the police force of Victoria at [name of station/address of premises at which officer works].

THIS WARRANT relates to premises at [insert address or location of any premises sought to be entered and searched] ("the premises") and to premises at [insert address] which adjoin or provide access to the premises.

*THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of each affidavit relied upon by the applicant] and THE COURT WAS SATISFIED that there were reasonable grounds for the suspicion or belief founding the application for the warrant.

THIS WARRANT is issued for the purpose of assisting in the prevention of, or response to the following terrorist act or suspected terrorist act—[insert description].

THIS WARRANT is in force for [insert a number not to exceed 30] days from the date of issue and authorises the applicant [and, if relevant, name of or a description of any other person] to enter the premises *once only/*[insert number] times.

*The names of the occupiers of the premises are *known as [insert names]/ *not known.

*The following is the name or description of the kind of thing to be searched for, seized, copied, photographed, recorded, operated, printed, tested or sampled—[set out name or description etc.].

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

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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:

[Signature of Judge]

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

*Delete if not applicable.

__________________

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295

Rule 12.03(1) FORM 6–12A

IN THE SUPREME COURT OF VICTORIA 20 No.

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.

BETWEENThe Secretary to theDepartment of Justice Applicant

and

C.D. Respondent

APPLICATION FOR SUPERVISION ORDER

The Secretary to the Department of Justice 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 *he/*she *is currently/*was serving are: [insert particulars].

*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 substituted by S.R. No. 54/2010 rule 6.

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*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

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

* Delete if not applicable

__________________

Order 1—Preliminary

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297

Rule 12.03(2) FORM 6–12B

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009

and

IN THE MATTER of an application under section 28 of that Act for renewal of a supervision order.

BETWEENThe Secretary to theDepartment of Justice Applicant

and

C.D. Respondent

APPLICATION FOR RENEWAL OF SUPERVISION ORDER

The Secretary to the Department of Justice applies under section 28 of the Serious Sex Offenders (Detention and Supervision) 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.

THIS APPLICATION is made upon the grounds that C.D. poses an unacceptable risk of committing a relevant offence if a renewed 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 *he/*she *is currently/*was serving are: [insert particulars].

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

THE GROUNDS on which it is contended that C.D. poses an unacceptable risk of committing a relevant offence if a renewed supervision order is not made and C.D. is in the community are: [specify grounds]

Form 6–12B substituted by S.R. No. 54/2010 rule 6.

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THE PERIOD sought for the duration of the renewed supervision order is: [insert period, not exceeding 15 years]

*THE CONDITIONS sought in respect of the renewed supervision order, in addition to the core conditions set out in section 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

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

* Delete if not applicable

__________________

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Rule 12.04 FORM 6–12C

[heading as in Form 6–12A]

SUPERVISION ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

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.

THE COURT ORDERS THAT:

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]

Form 6–12C substituted by S.R. No. 54/2010 rule 6.

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6. 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 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 or any person nominated by the Secretary to the Department of Justice 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]

[Signature of Judge]

[Name of Judge]

* Delete if not applicable

__________________

Order 1—Preliminary

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301

Rule 12.05(1) FORM 6–12D

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009

and

IN THE MATTER of an application under section 33 of that Act for a detention order.

BETWEENThe 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.

THIS APPLICATION is made upon the grounds that C.D. poses an unacceptable risk of committing a relevant offence if a detention 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 *he/*she *is currently/*was serving are: [insert particulars].

*C.D. is currently remanded in custody, or is serving a custodial sentence, in 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 substituted by S.R. No. 54/2010 rule 6.

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*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]

THE GROUNDS on which it is contended that C.D. poses an unacceptable 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: [insert period, not exceeding 3 years]

THE FOLLOWING REPORTS 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]

Date:

[Signed]for and on behalf of the Director of Public Prosecutions

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

* Delete if not applicable

__________________

Order 1—Preliminary

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303

Rule 12.05(2) FORM 6–12E

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009

and

IN THE MATTER of an application under section 45 of that Act for renewal of a detention order.

BETWEENThe Director of Public Prosecutions

Applicant

and

C.D. Respondent

APPLICATION FOR RENEWAL OF DETENTION ORDER

The Director of Public Prosecutions applies under section 45 of the Serious 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.

THIS APPLICATION is made upon the grounds that C.D. poses an unacceptable risk of committing a relevant offence if a renewed detention 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 *he/*she *is currently/*was serving are: [insert particulars].

*C.D. is currently remanded in custody, or is serving a custodial sentence, in 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 substituted by S.R. No. 54/2010 rule 6.

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THE GROUNDS on which it is contended that C.D. poses an unacceptable 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: [insert period, not exceeding 3 years]

THE FOLLOWING REPORTS 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]

Date:

[Signed]for and on behalf of the Director of Public Prosecutions

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

* Delete if not applicable

__________________

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305

Rule 12.06 FORM 6–12F

[heading as in Form 6–12C]

DETENTION ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

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 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.

THE COURT ORDERS THAT:

1. C.D. [name of offender] be subject to a detention order under the Serious Sex Offenders (Detention and Supervision) Act 2009.

2. THIS ORDER commences on: [insert details in accordance with section 39 of the Act]

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]

Form 6–12F substituted by S.R. No. 54/2010 rule 6.

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

[Signature of Judge]

[Name of Judge]

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

* Delete if not applicable

__________________

Order 1—Preliminary

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307

Rule 12.07(1) FORM 6–12G

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009

and

IN THE MATTER of an application under section 50 of that Act for an interim supervision order.

BETWEENThe Secretary to theDepartment of Justice Applicant

and

C.D. Respondent

APPLICATION FOR INTERIM SUPERVISION ORDER

The Secretary to the Department of Justice applies under section 50 of the Serious Sex Offenders (Detention and Supervision) 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.

The making of a supervision order would be justified on the following grounds: [specify]

Form 6–12G substituted by S.R. No. 54/2010 rule 6.

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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]

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

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

* Delete if not applicable

__________________

Order 1—Preliminary

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309

Rule 12.07(2) FORM 6–12H

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009

and

IN THE MATTER of an application under section 63(1) of that Act for extension of an interim supervision order.

BETWEENThe Secretary to theDepartment of Justice Applicant

and

C.D. Respondent

APPLICATION FOR EXTENSION OF INTERIM SUPERVISION ORDER

The Secretary to the Department of Justice applies under 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 he or she would not have been an eligible offender had the amended sentence been the original sentence.

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.

The making of a supervision order would be justified on the following grounds: [specify]

Form 6–12H inserted by S.R. No. 54/2010 rule 6.

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310

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]

[specify any other relevant matters]

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]

THE FOLLOWING REPORTS 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

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

* Delete if not applicable

__________________

Order 1—Preliminary

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311

Rule 12.08(1) FORM 6–12I

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009

and

IN THE MATTER of an application under section 51 of that Act for an interim detention order.

BETWEENThe Director of Public Prosecutions

Applicant

and

C.D. Respondent

APPLICATION FOR INTERIM DETENTION ORDER

The Director of Public Prosecutions applies under section 51 of the Serious 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.

THIS APPLICATION is made upon the following grounds: [specify grounds 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 inserted by S.R. No. 54/2010 rule 6.

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312

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]

[specify any other relevant matters]

THE PERIOD sought for the duration of the interim detention order is: [insert period in accordance with section 57 of the Act]

THE FOLLOWING REPORTS 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]

Date:

[Signed]for and on behalf of the Director of Public Prosecutions

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

* Delete if not applicable

__________________

Order 1—Preliminary

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313

Rule 12.08(2) FORM 6–12J

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Serious Sex Offenders (Detention and Supervision) Act 2009

and

IN THE MATTER of an application under section 63(2) of that Act for extension of an interim detention order.

BETWEENThe Director of Public Prosecutions

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 he or she would not have been an eligible offender had the amended sentence been the original sentence.

THIS APPLICATION is made upon the following grounds: [specify grounds 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 6–12J inserted by S.R. No. 54/2010 rule 6.

Order 1—Preliminary

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314

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]

[specify any other relevant matters]

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]

THE FOLLOWING REPORTS 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]

Date:

[Signed]for and on behalf of the Director of Public Prosecutions

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

* Delete if not applicable

__________________

Order 1—Preliminary

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315

Rule 12.09(1) FORM 6–12K

[heading as in Form 6–12A]

INTERIM SUPERVISION ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

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 making of this interim supervision order is justified and in the public interest.

THE COURT ORDERS THAT:

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").

2. THIS ORDER commences on: [insert details in accordance with section 56 of the Act]

3. THE PERIOD of this order is: [insert period, in accordance with section 57 of the Act]

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 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

Form 6–12K inserted by S.R. No. 54/2010 rule 6.

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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 or any person nominated by the Secretary to the Department of Justice 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]

[Signature of Judge]

[Name of Judge]

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

__________________

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Rule 12.09(2) FORM 6–12L

[heading as in Form 6–12A]

ORDER EXTENDING INTERIM SUPERVISION ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

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 making of this order extending the interim supervision order is justified and in the public interest.

THE COURT ORDERS THAT:

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]

[Signature of Judge]

[Name of Judge]

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

__________________

Form 6–12L inserted by S.R. No. 54/2010 rule 6.

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Rule 12.09(3) FORM 6–12M

[heading as in Form 6–12D]

INTERIM DETENTION ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

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 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.

THE COURT ORDERS THAT:

1. C.D. [name of offender] be subject to an interim detention order under the Serious Sex Offenders (Detention and Supervision) Act 2009.

2. THIS ORDER commences on: [insert details in accordance with section 56 of the Act]

3. THE PERIOD of this order is: [insert period in accordance with section 57 of the Act]

[Signature of Judge]

[Name of Judge]

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

__________________

Form 6–12M inserted by S.R. No. 54/2010 rule 6.

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Rule 12.09(4) FORM 6–12N

[heading as in Form 6–12D]

ORDER EXTENDING INTERIM DETENTION ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

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 making of this order extending the interim detention order is justified and in the public interest.

THE COURT ORDERS THAT:

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]

[Signature of Judge]

[Name of Judge]

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

__________________

Form 6–12N inserted by S.R. No. 54/2010 rule 6.

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Rule 12.10(1) FORM 6–12O

[heading as in Form 6–12A]

APPLICATION BY SECRETARY FOR REVIEW OF SUPERVISION ORDER

The Secretary to the Department of Justice applies under section 65(1) of the Serious Sex Offenders (Detention and Supervision) 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]

THE FOLLOWING REPORTS are attached:

progress report [identify report]

*other report made to the Court [identify report]

*other report filed with the application [identify report]

Date:

[Applicant's signature]

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

* Delete if not applicable

__________________

Form 6–12O inserted by S.R. No. 54/2010 rule 6.

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Rule 12.10(2) FORM 6–12P

[heading as in Form 6–12D]

APPLICATION BY DPP FOR REVIEW OF DETENTION ORDER

The Director of Public Prosecutions applies under section 66 of the Serious 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].

THE GROUNDS on which this application is made are: [specify grounds]

THE ORDERS sought are: [specify orders sought]

*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]

THE FOLLOWING REPORTS are attached:

progress report [identify report]

*other report made to the Court [identify report]

*other report filed with the application [identify report]

Date:

[Applicant's signature]

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

* Delete if not applicable

__________________

Form 6–12P inserted by S.R. No. 54/2010 rule 6.

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Rule 12.11(1) FORM 6–12Q

[heading as in Form 6–12A]

APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF SUPERVISION ORDER

*The Secretary to the Department of Justice applies under section 68(1) of the Serious Sex Offenders (Detention and Supervision) 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.

THE GROUNDS on which this application is made are: [specify grounds]

THE ORDERS sought are: [specify orders sought]

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

*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]

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THE FOLLOWING REPORTS are attached:

progress report [identify report]

*assessment report [identify report]

*other report made to the Court [identify report]

*other report filed with the application [identify report]

Date:

[Applicant's signature]

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

* Delete if not applicable

__________________

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Rule 12.11(2) FORM 6–12R

[heading as in Form 6–12D]

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.

THE GROUNDS on which this application is made are: [specify grounds]

THE ORDERS sought are: [specify orders sought]

that leave be granted for review of the detention order

AND, if leave is granted:

*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]

THE FOLLOWING REPORTS are attached:

progress report [identify report]

*assessment report [identify report]

Form 6–12R inserted by S.R. No. 54/2010 rule 6.

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*other report made to the Court [identify report]

*other report filed with the application [identify report]

Date:

[Applicant's signature]

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

* Delete if not applicable

_________________

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Rule 12.12 FORM 6–12S

[heading as in Form 6–12A]

APPLICATION FOR LEAVE TO APPLY FOR REVIEW OF CONDITIONS OF SUPERVISION ORDER OR INTERIM

SUPERVISION ORDER

*The Secretary to the Department of Justice 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 GROUNDS on which this application is made are: [specify grounds]

*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].

THE ORDERS sought are: [specify orders sought]

that leave be granted for review of the conditions of the *supervision order/*interim supervision order

AND, if leave is granted:

*that the conditions be varied as follows [specify conditions and variations sought]:

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*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

THE FOLLOWING REPORTS are attached:

*progress report [identify report]

*other report made to the Court [identify report]

*other report filed with the application [identify report]

*A CERTIFICATE OF AVAILABLE RESOURCES in respect of C.D. prepared by the Secretary under section 195 of the Act is attached.

Date:

[Applicant's signature]

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

*Delete if not applicable

__________________

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Rule 12.13 FORM 6–12T

[heading as in Form 6–12A]

ORDER TO ATTEND FOR EXAMINATION

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person 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.

[Signature of Judge]

[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 6–12T inserted by S.R. No. 54/2010 rule 6.

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Rule 12.14(1) FORM 6–12U

IN THE SUPREME COURT OF VICTORIA

AT

IN THE SUPREME COURT OF VICTORIA 20 No.

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/*The Director of Public Prosecutions

Respondent

NOTICE OF APPEAL BY OFFENDER

TO: the Registrar of Criminal Appeals:

AND TO: the respondent

1. TAKE NOTICE that the appellant A.B. appeals to the Court of Appeal under section 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

Form 6–12U inserted by S.R. No. 54/2010 rule 6.

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supervision order in respect of the appellant previously made on [date] by [identify court and Judge].

*a decision made on [date] by [identify court and Judge] to 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:

[Signed by Appellant or legal practitioneron behalf of Appellant]

*[If signed by legal practitioner]The name and address for service are as follows: [insert]

* Delete if not applicable

IMPORTANT NOTES

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1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraph 6 accordingly or notify the Registrar of Criminal Appeals in writing of your wish.

2. Your attention is drawn to the procedure for appeals set out in Part 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.

__________________

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Rule 12.14(2) FORM 6–12V

IN THE SUPREME COURT OF VICTORIA

AT

IN THE SUPREME COURT OF VICTORIA 20 No.

IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders (Detention and Supervision) Act 2009

BETWEEN

The Secretary to the Department of Justice Appellant

and

A.B.

Respondent

NOTICE OF APPEAL BY SECRETARY TO THE DEPARTMENT OF JUSTICE

TO: the Registrar of Criminal Appeals:

AND TO: the respondent

1. TAKE NOTICE that the appellant, the Secretary to the Department of Justice, 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 [identify court and Judge].

*a decision made on [date] by [identify court and Judge] not to extend an interim supervision order in respect of A.B. previously made on [date] by [identify court and Judge].

*a decision made on [date] by [identify court and Judge] on a review under Part 5 of the Act to revoke a supervision order in respect of A.B. previously made on [date] by [identify court and Judge].

Form 6–12V inserted by S.R. No. 54/2010 rule 6.

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*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].

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. 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 by for and on behalf of theSecretary to the Department of Justice]

* Delete if not applicable

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.

__________________

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Rule 12.14(3) FORM 6–12W

IN THE SUPREME COURT OF VICTORIA

AT

IN THE SUPREME COURT OF VICTORIA 20 No.

IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders (Detention and Supervision) Act 2009

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

AND TO: the respondent

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 [identify court and Judge].

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

*a decision made on [date] by [identify court and Judge] on a review under Part 5 of the Act to revoke a detention order in respect of A.B. previously made on [date] by [identify court and Judge].

*a decision made on [date] by [identify court and Judge] to impose a particular period of operation of *a detention order/*an interim detention order in respect of A.B.

Form 6–12W inserted by S.R. No. 54/2010 rule 6.

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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. 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 by for and on behalf of theDirector of Public Prosecutions]

* Delete if not applicable

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.

__________________

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Rule 12.14(4) FORM 6–12X

IN THE SUPREME COURT OF VICTORIA

AT

IN THE SUPREME COURT OF VICTORIA 20 No.

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

TO: the Registrar of Criminal Appeals:

AND TO: the respondent

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.

2. THE GROUNDS of the appeal are: [state briefly the grounds of the appeal]

3. THE ORDERS sought on appeal are: [state orders sought]

Date:

[Signed by for and on behalf of the Appellant]

* Delete if not applicable

Form 6–12X inserted by S.R. No. 54/2010 rule 6.

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__________________

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Rule 12.15 FORM 6–12Y

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 intends 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.

*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]

*part of another report filed with an application under the Act [identify report and part disputed]

Form 6–12Y inserted by S.R. No. 54/2010 rule 6.

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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 noticeor 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.

* Delete if not applicable

__________________

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Rule 12A.02(1) FORM 6–12AA

IN THE SUPREME COURT OF VICTORIA 20 No.

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]

* Delete if not applicable

__________________

Form 6–12AA inserted by S.R. No. 54/2010 rule 8.

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Rule 12A.02(2) FORM 6–12AB

IN THE SUPREME COURT OF VICTORIA 20 No.

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 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.

*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]

* Delete if not applicable

__________________

Form 6–12AB inserted by S.R. No. 54/2010 rule 8.

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Rule 12A.03(1) FORM 6–12AC

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Sex Offenders Registration Act 2004

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].

*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].

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]

* Delete if not applicable

__________________

Form 6–12AC inserted by S.R. No. 54/2010 rule 8.

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Rule 12A.03(2) FORM 6–12AD

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Sex Offenders Registration Act 2004

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].

*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 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:

[Signed for and on behalf of the Chief Commissioner of Police]

* Delete if not applicable

__________________

Form 6–12AD inserted by S.R. No. 54/2010 rule 8.

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344

Rule 13.04 FORM 6–13A

IN THE SUPREME COURT OF VICTORIA 20 No.

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] of the police force of Victoria of [name of station or address of premises at which member 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]

*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 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].

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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.

Dated:

[Applicant's signature]

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

* Delete if not applicable

__________________

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Rule 13.05 FORM 6–13B

[heading as in Form 6–13A]

COERCIVE POWERS ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]

OTHER MATTERS:

THE COURT IS SATISFIED—

(a) that there are reasonable grounds for the suspicion founding the application for the order; and

(b) that it is in the public interest to make the order, having regard to—

(i) the nature and gravity of the alleged organised crime offence in respect of which the order is sought; and

(ii) the impact of the use of coercive powers on the rights of members of the community.

THE ORGANISED CRIME OFFENCE in respect of which this order is made is: [specify organised crime offence].

THE NAME of each alleged offender is: [insert names or, if the name is unknown, state that the offender is unknown]

THE NAME AND RANK of the member of the police force of Victoria 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.

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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].

[signature of Judge]

[name of Judge]

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

* Delete if not applicable

__________________

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Rule 13.05.1 FORM 6–13BA

IN THE SUPREME COURT OF VICTORIA 20 No.

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 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].

*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 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]

Dated:

[Applicant's signature]

* Delete if not applicable

__________________

Form 6–13BA inserted by S.R. No. 99/2009 rule 7.

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349

Rule 13.05.2 FORM 6–13BB

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

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 member of the police force 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].

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

Form 6–13BB inserted by S.R. No. 99/2009 rule 7.

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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 member of the police force 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 member of the police force 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 member of the police force, or puts that person's safety at risk;

*places at risk an ongoing investigation by a member of the police force; or

*risks the disclosure of any investigative method used by members of the police force;

*is otherwise not in the public interest [specify].

*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.

THE PROTECTED INFORMATION to which this application relates is: [brief description of type of protected information].

Dated:

[Applicant's signature]

* Delete if not applicable

__________________

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351

Rule 13.06 FORM 6–13C

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

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] of the police force of Victoria of [name of station or address of premises at which member 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.

*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

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is: [insert age].

Dated:

[Applicant's signature]

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

* Delete if not applicable

__________________

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353

Rule 13.07 FORM 6–13D

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

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] of the police force of Victoria of [name of station or address of premises at which member 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].

Dated:

[Applicant's signature]

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

* Delete if not applicable

__________________

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354

Rule 13.08 FORM 6–13E

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

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].

*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.

Dated:

[Applicant's signature]

* Delete if not applicable

__________________

Form 6–13E inserted by S.R. No. 99/2009 rule 8.

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Rule 13.09 FORM 6–13F

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

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].

*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.

Dated:

Chief Examiner

__________________

Form 6–13F inserted by S.R. No. 99/2009 rule 8.

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356

Rule 14.04(1) FORM 6–14A

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004

APPLICATION

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.

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.

Date:

[Applicant's signature]

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

* Delete if not applicable

__________________

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Rule 14.04(2) FORM 6–14B

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004

APPLICATION

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].

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.

Date:

[Applicant's signature]

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

* Delete if not applicable

__________________

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Rule 14.06(1) FORM 6–14C

IN THE SUPREME COURT OF VICTORIA 20 No.

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

ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]

OTHER MATTERS:

THE COURT ORDERS THAT:

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].

[signature of Judge]

[name of Judge]

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

__________________

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Rule 14.06(2) FORM 6–14D

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004

ORDER

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]

OTHER MATTERS:

THE COURT ORDERS THAT:

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.

[signature of Judge]

[name of Judge]

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

__________________

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Rule 15.01 FORM 6–15A

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:

[Signature of Judge]

* Delete if inapplicable

__________________

Form 6–15A inserted by S.R. No. 132/2009 rule 19.

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Rule 15.02 FORM 6–15B

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]

* Delete if inapplicable

__________________

Form 6–15B inserted by S.R. No. 132/2009 rule 19.

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FORM 6–16A

Rule 16.02

IN THE SUPREME COURT OF VICTORIA AT

IN THE MATTER OF:

NOTICE OF APPLICATION FOR SUPPRESSION ORDERTo: The Supreme Court of Victoria at [appropriate email address]

And to: [identify other proposed recipients of the notice]

[Applicant] hereby 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:

*delete whichever is inapplicable.

__________________

Form 6–16A inserted by S.R. No. 147/2013 rule 7.

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SCHEDULERule 1.03(2)

REVOKED STATUTORY RULES

S.R. No. Title

33/1998 Chapter VI of the Rules of the Supreme Court, the Supreme Court (Criminal Procedure) Rules 1998

33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999

113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999

133/1999 Supreme Court (Chapter VI Amendment No. 3) Rules 1999

108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003

33/2004 Supreme Court (Chapter VI Amendment No. 5) Rules 2004

7/2005 Supreme Court (Chapter VI Amendment No. 6) Rules 2005

22/2005 Supreme Court (Chapter VI Amendment No. 7) Rules 2005

95/2005 Supreme Court (Chapter VI Amendment No. 8) Rules 2005

97/2006 Supreme Court (Chapter VI Amendment No. 9) Rules 2006

161/2006 Supreme Court (Chapter VI Amendment No. 10) Rules 2006

6/2007 Supreme Court (Chapter VI Amendment No. 11) Rules 2007

93/2007 Supreme Court (Chapter VI Amendment No. 12) Rules 2007

94/2007 Supreme Court (Chapter VI Amendment No. 13) Rules 2007

Dated: 27 February 2008

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

PETER BUCHANAN, J.A.

ALEX CHERNOV, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MURRAY B. KELLAM, J.A.

JULIE DODDS-STREETON, J.A.

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P. D. CUMMINS, J.

T. H. SMITH, J.

DAVID BYRNE, J.

D. L. HARPER, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

SIMON P. WHELAN, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Supreme Court (Criminal Procedure) Rules 2008, S.R. No. 12/2008 were made on 27 February 2008 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, No. 110/1986; sections 366 and 583 of the Crimes Act 1958, No. 6231/1958; section 68 of the Sentencing Act 1991, No. 49/1991 and section 50 of Interpretation of Legislation Act 1984, No. 10096/1984 and came into operation on 25 March 2008: rule 1.03(1).

The Supreme Court (Criminal Procedure) Rules 2008 will sunset 10 years after the day of making on 27 February 2018 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).

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• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

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2 Table of AmendmentsThis publication incorporates amendments made to the Supreme Court (Criminal Procedure) Rules 2008 by statutory rules, subordinate instruments and Acts.

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

Supreme Court (Associate Judges Amendment) Rules 2008, S.R. No. 100/2008Date of Making: 28.8.08Date of Commencement: Rules 23–25 on 17.12.08: rule 3

Supreme Court (Chapter VI Amendment No. 1) Rules 2008, S.R. No. 118/2008Date of Making: 1.10.08Date of Commencement: 6.10.08: rule 3

Supreme Court (Chapter VI Amendment No. 2) Rules 2008, S.R. No. 150/2008Date of Making: 27.11.08Date of Commencement: 1.12.08: rule 3

Supreme Court (Chapter VI Amendment No. 3) Rules 2009, S.R. No. 98/2009Date of Making: 27.8.09Date of Commencement: 1.10.09: rule 3

Supreme Court (Chapter VI Amendment No. 4) Rules 2009, S.R. No. 99/2009Date of Making: 27.8.09Date of Commencement: 1.2.10: rule 3

Supreme Court (Criminal Procedure Amendment) Rules 2009, S.R. No. 132/2009 (as amended by S.R. No. 145/2009)

Date of Making: 29.10.09Date of Commencement: Rules 5–19 on 1.1.10: rule 3

Supreme Court (Evidence Amendments) Rules 2009, S.R. No. 146/2009Date of Making: 26.11.09Date of Commencement: Rules 10–12 on 1.1.10: rule 3

Supreme Court (Subpoena, Search Order and Freezing Order Amendment) Rules 2010, S.R. No. 23/2010

Date of Making: 29.4.10Date of Commencement: Rules 10–12 on 3.5.10: rule 3

Supreme Court (Chapter VI Amendment No. 5) Rules 2010, S.R. No. 54/2010Date of Making: 24.6.10Date of Commencement: 1.7.10: rule 3

Supreme Court (Criminal Procedure Amendment) Rules 2010, S.R. No. 55/2010Date of Making: 24.6.10Date of Commencement: Rules 5–21 on 1.7.10: rule 3

Supreme Court (Judicial Registrars Further Amendment) Rules 2010, S.R. No. 148/2010

Date of Making: 17.12.10Date of Commencement: Rules 11–14 on 1.1.11: rule 3

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Supreme Court (Chapter VI Amendment No. 6) Rules 2011, S.R. No. 6/2011Date of Making: 24.2.11Date of Commencement: 28.2.11: rule 3

Supreme Court (Chapter VI Amendment No. 7) Rules 2011, S.R. No. 120/2011Date of Making: 27.10.11Date of Commencement: 7.11.11: rule 3

Supreme Court (Trans-Tasman Proceedings Amendment) Rules 2012, S.R. No. 39/2012

Date of Making: 31.5.12Date of Commencement: Rules 6–8 on 11.10.13: rule 3

Supreme Court (Miscellaneous Amendments) Rules 2013, S.R. No. 48/2013Date of Making: 23.4.13Date of Commencement: Rule 7 on 6.5.13: rule 3

Supreme Court (Chapter I and Chapter VI Open Courts Amendment) Rules 2013, S.R. No. 147/2013

Date of Making: 28.11.13Date of Commencement: Rules 6, 7 on 1.12.13: rule 3

Supreme Court (Vexatious Proceedings Amendments) Rules 2014, S.R. No. 206/2014Date of Making: 30.10.14Date of Commencement: Rule 8 on 31.10.14: rule 3

Supreme Court (Chapter VI Mental Impairment and Unfitness To Be Tried Amendment) Rules 2014, S.R. No. 207/2014

Date of Making: 30.10.14Date of Commencement: 31.10.14: rule 3

Supreme Court (Chapter VI Judicial Registrars Amendment) Rules 2015, S.R. No. 39/2015

Date of Making: 28.5.15Date of Commencement: 1.6.15: rule 3

Supreme Court (Associate Judges Amendment) Rules 2015, S.R. No. 40/2015Date of Making: 28.5.15Date of Commencement: Rule 4 on 1.7.15: rule 3

Supreme Court (Miscellaneous Amendments) Rules 2015, S.R. No. 143/2015Date of Making: 26.11.15Date of Commencement: Rules 5–14 on 1.12.15: rule 3

Supreme Court (Chapter I and Chapter VI Dual Commission Holder Amendments) Rules 2016, S.R. No. 105/2016

Date of Making: 25.8.16Date of Commencement: Rules 5–12 on 1.9.16: rule 3

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

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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.

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4 Explanatory detailsThere are no entries at date of publication.

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