Children's Court Criminal Procedure (Committal Amendments) Rules 2018 (Vic)
Children's Court Criminal Procedure (Committal Amendments) Rules 2018
S.R. No. 186/2018
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Joint committals
6New Order 2A inserted
7Form 5
8New Forms 6A to 6I inserted
═════════════
Endnotes
STATUTORY RULES 2018
S.R. No. 186/2018
Children, Youth and Families Act 2005
Criminal Procedure Act 2009
Children's Court Criminal Procedure (Committal Amendments) Rules 2018
The President of the Children's Court together with 2 magistrates for that Court jointly make the following Rules:
1Object
The object of these Rules is to amend the Children's Court Criminal Procedure Rules 2009 in relation to committal procedures and processes as a consequence of the enactment of the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017.
2Authorising provisions
These Rules are made under section 588(1A) of the Children, Youth and Families Act 2005, section 419 of the Criminal Procedure Act 2009 and all other enabling powers.
3Commencement
These Rules come into operation on 1 November 2018.
4Principal Rules
In these Rules, the Children's Court Criminal Procedure Rules 2009[1] are called the Principal Rules.
5Joint committals
Rule 2.05 of the Principal Rules is revoked.
6New Order 2A inserted
After Order 2 of the Principal Rules insert—
"ORDER 2A
COMMITTAL PROCEEDING
PART 1—APPEARANCE
2.06ANotice of Appearance
(1)A legal practitioner who represents an accused in a committal proceeding must file in the Court and serve on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding a Notice of Appearance in Form 6A.
(2)The filing and service of a Notice of Appearance required by subrule (1) must take place as soon as practicable after a legal practitioner has received instructions to represent the accused.
2.06BProsecution to provide relevant contact details
(1)Within 7 days after receipt of a Notice of Appearance, the DPP or the other person or body authorised at law to prosecute in the committal proceeding must advise the legal practitioner of the following relevant contact details—
(a)the name and address of the prosecutor handling the matter;
(b)a fax number, an email address, DX number or address of usual business for the service of documents on the DPP or the other person or body authorised at law to prosecute in the committal proceeding;
(c)a fax number, an email address, DX number or address of usual business for the service of documents on the informant.
(2)If 21 days before the committal mention date the DPP or other person or body authorised at law to prosecute in the committal proceeding has not received a Notice of Appearance, the DPP or the other person or body must advise the Court of the relevant contact details.
2.06CLegal practitioner ceasing to act
If a legal practitioner ceases to act for a party in a committal proceeding, the legal practitioner must as soon as possible—
(a)file notice in the Court that the legal practitioner has ceased to act; and
(b)serve a copy on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding.
PART 2—SERVICE
2.06DMode of service
In a committal proceeding, service of a document by a party may be effected on an accused, by fax or electronic transmission by sending the document to the fax number or email address of the accused's legal practitioner as advised in Form 6A.
Note
See section 392 of the Criminal Procedure Act 2009 for service of documents on the informant or DPP.
2.06ECopy of document served by electronic transmission to be provided upon request
The original document, (if a copy of a document was served by fax or email), must be retained by the party serving the document and must be provided to the Court if the Court so requests.
PART 3—FILING HEARINGS
2.06FOrders and directions at filing hearing
At a filing hearing under section 101 of the Criminal Procedure Act 2009, the Court may fix a committal mention date on a day according to the listing protocols of the Court after the commencement of the proceeding or on such other day as the Court considers appropriate.
PART 4—PRE-HEARING DISCLOSURE
2.06GNotice and list of information or other documents to accompany hand-up brief
(1)For the purpose of section 110(a) of the Criminal Procedure Act 2009 the prescribed form of notice is Form 6B.
(2)A list of information or other documents contained in a hand-up brief under section 110 of the Criminal Procedure Act 2009 must be in Form 6C.
PART 5—CASE DIRECTION
2.06HPrescribed form of case direction notice
For the purpose of section 119(a) of the Criminal Procedure Act 2009 the prescribed form of a case direction notice is Form 6D.
PART 6—COMMITTAL MENTION AND CASE CONFERENCE
2.06INotice of committal proceeding
On the conclusion of the filing hearing, the registrar must provide the accused or the accused's legal practitioner with a notice in Form 6E.
2.06JApplication to Court to fix a longer period for the holding of a committal mention hearing
If the Court has fixed a committal mention date, an application under section 126 of the Criminal Procedure Act 2009 for the Court to fix a longer period for the holding of a committal mention hearing must be in Form 6F.
2.06KApplication to Court to fix longer period for determining of committal proceedings
In any committal proceeding for a sexual offence to which section 99 of the Criminal Procedure Act 2009 applies, an application for the fixing of a longer period for determining the committal proceeding under section 99(3) of that Act must be in Form 6G.
2.06LClosing of a committal case conference
(1)If the Court directs the parties to attend a committal case conference, the legal practitioners representing the informant and the accused must attend the conference.
(2)The purpose of the committal case conference is to assist the effective management of the committal proceeding and timely resolution of issues.
(3)The Court may order, pursuant to section 523 of the Children, Youth and Families Act 2005 that the whole or any part of the committal case conference be heard in closed court, if it is satisfied that this is necessary to achieve the objective set out in subrule (2).
PART 7—COMMITTAL HEARING
2.06MJoint committals
(1)An application for a joint committal under section 516A of the Act must be made in Form 5.
(2)The registrar must notify the Magistrates' Court of any application for a joint committal.
(3)The registrar must provide a copy of an order made by the Court for a joint committal to the registrar of the Magistrates' Court.
PART 8—DETERMINATION OF COMMITTAL PROCEEDING
2.06NCommittal caution
For the purposes of section 144(2)(b)(iii) of the Criminal Procedure Act 2009, the Court may inform the accused by using the manner of caution set out in Form 6H.
2.06OAlibi caution
For the purposes of section 144(2)(b)(i) of the Criminal Procedure Act 2009, the Court may inform the accused of the provisions of section 190 of the Criminal Procedure Act 2009 by using the manner of caution set out in Form 6I.
PART 9—PROCEDURE AFTER COMMITTAL
2.06PApplication to grant, vary or revoke bail after the accused is committed to trial
An application for the granting, variation or revocation of trial bail after the date on which the committal proceedings have been concluded must be filed with the Court and served, unless the court otherwise directs.
Note
An application for the variation or for the revocation of trial bail must be in Form 12 or Form 13, respectively, of the Bail Regulations 2012[2].
PART 10—GENERAL
2.06QApplications for summary hearing of indictable offences
(1)An application for a summary hearing of an indictable offence listed for a committal hearing must be filed with the Court and served on the informant in Form 6, unless the Court otherwise directs.
(2)If the application for a summary hearing is granted by a magistrate in relation to the hearing of an indictable offence, so far as practicable, the matter will thereafter proceed before that magistrate.
2.06RForm of application
Unless otherwise provided by these Rules or by or under any Act, an application in a committal proceeding must be in Form 6.
2.06SFiling of application
Unless otherwise provided by these Rules or by or under any Act, an application is made by filing the application with the registrar.
2.06TService of application
The applicant must serve a copy of an application on every person to whom notice of the application is to be given within a reasonable time before the hearing of the application.
2.06UApplication for a special mention hearing
(1)A party may apply to the Court for a special mention hearing.
(2)An application must—
(a)set out the purpose of the application for the special mention hearing; and
(b)be in Form 6.
(3)The Court may of its own motion conduct a special mention hearing to adequately control and oversee the progress of the committal proceeding.
2.06VParties may request registrar to cancel a special mention hearing
(1)If the parties agree that a special mention hearing should be cancelled, the parties may request the registrar cancel the special mention hearing.
(2)When the registrar is satisfied that there is no need for a special mention hearing, the registrar may cancel the special mention hearing.
(3)A request must be made before the date of the special mention hearing.
__________________".
7Form 5
In Form 5 of the Principal Rules, for "Rule 2.05" substitute "Rule 2.06M".
8New Forms 6A to 6I inserted
After Form 6 of the Principal Rules insert—
"FORM 6A
Rule 2.06A
Children, Youth and Families Act 2005
FORM 6A—NOTICE OF APPEARANCE
Court Ref.:
In the Children's Court of
Victoria at [venue]
BETWEEN [name of informant]
v.
[name of accused]
Committal mention date:
APPEARANCE
TAKE NOTICE THAT the legal practitioner (or firm) indicated below has been instructed to represent the accused.
[name(s) of accused(s)]
I *have/*have not been instructed to accept personal service of documents on behalf of the accused.
Date:
[Signed]
Name of legal practitioner (or firm):
Address of legal practitioner (or firm):
Telephone number:
Fax number for service of documents:
Email address for service of documents electronically (if available):
Name of person handling the matter:
Present address of accused:
This notice of appearance is to be filed with the Court, served on the informant and *DPP/*Commonwealth DPP if applicable.
*Delete if not applicable.
__________________
FORM 6B
Rule 2.06G(1)
Children, Youth and Families Act 2005
FORM 6B—NOTICE OF COMMITTAL MENTION DATE AND HAND-UP BRIEF
(Section 110 of the Criminal Procedure Act 2009)
Court Ref.:
In the Children's Court of
Victoria at [venue]
TO: [accused(s)]
of [address(es)]
Informant's contact details—[insert name and contact details]
COMMITTAL MENTION DATE
You have been charged with *a criminal offence/*criminal offences. A copy of the charge-sheet is attached to this notice.
There will be a committal mention hearing in relation to *the charge/*those charges at the Children's Court at [venue] on [date] at [time].
You must attend court on that date.
WHAT IS A COMMITTAL PROCEEDING?
A committal proceeding is a proceeding in the Children's Court. That court will examine the evidence relating to the charge or charges against you to decide whether there is sufficient evidence to send you for trial in the County Court or the Supreme Court.
The evidence will include the documents and other things that are contained in the hand-up brief of evidence which is attached to this notice.
Depending on the nature of the case and of the witnesses, you may be able to ask the court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.
DISCUSSION OF ISSUES WITH THE PROSECUTOR
At least 7 days before the committal mention date you or your lawyer must discuss your case with the prosecutor. (If you or your lawyer have not already been notified of the prosecutor's contact details, you or your lawyer should be notified of those details no later than 14 days before the committal mention date.)
The purpose of the discussion is to find out matters including—
(a) whether you propose to plead guilty or not guilty;
(b)whether you will be arguing that there is insufficient evidence for the case to go to trial before a jury;
(c)whether you will be asking to cross-examine any of the witnesses whose statements are contained in the hand-up brief of evidence, and whether the prosecutor opposes that cross-examination;
(d)whether you will be calling any of your own witnesses to give evidence;
(e)whether you want to inspect any things that are listed in the hand‑up brief of evidence, and whether the informant objects to that inspection;
(f)if a charge is to be heard and determined summarily, whether you will be applying to the court to have the charge tried by a magistrate in the Children's Court rather than by a judge and jury in the County Court or Supreme Court (but see section 356 of the Children, Youth and Families Act 2005);
THE COMMITTAL MENTION HEARING
A committal mention hearing is one of the stages of a committal proceeding. At a committal mention hearing the court may—
(a)determine any application for a charge to be tried summarily in the Children's Court (if applicable);
(b)hear and determine an application for leave to cross-examine a witness;
(c) fix a date for a committal hearing;
(d) hear and determine any objection to disclosure of material;
(e)fix another date for a committal mention hearing;
(f)make any other order or give any direction that the court considers appropriate;
(g)immediately hear and determine the committal proceeding (in other words, it may examine all of the evidence and decide whether or not you should be tried by a judge and jury in the County Court or Supreme Court);
(h)if the Court decides that you should be tried by a judge and jury in the County Court or Supreme Court, ask you whether or not you plead guilty or not guilty to the charge or charges against you.
THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.
If you do not have a lawyer, you should contact a lawyer, Victoria Legal Aid or a registrar of the Children's Court as soon as possible.
[Telephone number for Law Institute of Victoria Referral Service—insert details]
[Address and telephone number for Victoria Legal Aid—insert details]
[Address and telephone number of registrar of Children's Court—insert details]
AFFIDAVIT OF SERVICE
I [full name]
of [address]
a member of the police force in the State of Victoria *make oath and say/*declare that I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [address] on [day of week] [date] at [time].
*I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.
*Sworn/declared at [place]
in the State of Victoria
on [date] [time]
Before
[Name and address in legible writing, typing or stamp below signature]
*a person authorised under section 107A(1) of the Evidence (MiscellaneousProvisions) Act 1958 to witness the signing of a statutory declaration.
*a person authorised under section 123C(1) of the Evidence (MiscellaneousProvisions) Act 1958 to take an affidavit.
*Delete if not applicable.
__________________
FORM 6C
Rule 2.06G(2)
Children, Youth and Families Act 2005
FORM 6C—LIST OF INFORMATION OR OTHER DOCUMENTS INCLUDED IN HAND-UP BRIEF
(Section 110 of the Criminal Procedure Act 2009)
Court Ref.:
In the Children's Court of
Victoria at [venue]
1.A Notice of Committal Mention Date and Hand-up Brief and a copy of the charge-sheet relating to the alleged offence.
2.A statement of the material facts relevant to the charge is attached.
*3.Order(s) were made for the examination of [names of persons] under section 104 of the Criminal Procedure Act 2009 and transcript(s) of the examination(s) *is/*are *attached/*not attached.
OR
*3.No orders were made for the examination of any person under section 104 of the Criminal Procedure Act 2009.
OR
*3.There are no forensic procedures, examinations or tests on which the prosecutor intends to rely as tending to establish the guilt of the accused that are not yet completed.
OR
*3.The following forensic procedures, examinations or tests on which the prosecutor intends to rely as tending to establish the guilt of the accused are not yet completed. [describe here any forensic procedures, examinations or tests that are not yet completed]
*4.The following is a list of other statements that are capable of being admitted in evidence relevant to the charge available to the informant but on which the informant does not intend to rely.
[list statement(s) here]
OR
*4.There is no other statement that is capable of being admitted in evidence relevant to the charge available to the informant but on which the informant does not intend to rely.
5.The following information, document or thing on which the prosecution intends to rely in the committal proceeding are—
*a copy of any statement relevant to the charge signed by the accused, or a record of interview of the accused, that is in the possession of the informant
*a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge
*a list of the persons who have made statements that the informant intends to tender at the committal hearing, together with copies of those statements
*a legible copy of any document which the prosecution intends to produce as evidence
*a list of any things the prosecution intends to tender as exhibits
*a clear photograph, or a clear copy of such a photograph, of any proposed exhibit that cannot be described in detail in the list
*a copy, or a transcript, of any audio-recording or audiovisual recording required under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958
*a transcript of any audio or audiovisual recording for the purposes of section 368 of the Criminal Procedure Act 2009
*a list of any things the prosecution intends to tender as exhibits.
6.Any other information, document or thing in the possession of the prosecution that is capable of being admitted in evidence relevant to the charge but on which the prosecutor does not intend to rely are—
*a list of the persons (including experts) who have made statements relevant to the alleged offence and a copy of the statement made by each person or written summary of any evidence likely to be given by that person
*a copy of records of any medical examination of the accused
*a copy of reports of any forensic procedure or forensic examination conducted on the accused
*a copy of the results of any tests carried out on behalf of the prosecution and relevant to the alleged offence
*if the committal proceeding relates to a charge for a sexual offence, a copy of every statement made by the complainant to any member of the police force that relates to the alleged offence and contains an acknowledgement of its truthfulness
*running sheets
*prisoner's register
*attendance register
*expert witness notes
*witnesses' prior convictions
*notes (prosecution witness)
*photos or photocopies where it is impractical to produce extra sets
*video files or video recordings
*audio files or audio recordings
*notes (e.g.) surveillance logs, crime scene notes, exhibit logs, diaries
(official or otherwise)
*other documents (provide details).
Signature of informant:
Date:
Note
This Form is to be completed by the informant and included in any hand-up brief.
*Delete if not applicable
__________________
FORM 6D
Rule 2.06H
Children, Youth and Families Act 2005
FORM 6D—CASE DIRECTION NOTICE
(Section 119 of the Criminal Procedure Act 2009)
Court Ref.:
In the Children's Court of
Victoria at [venue]
TO: the registrar
*TAKE NOTICE that—
o the *accused/*accused's legal practitioner has read the brief of evidence;
o the DPP or informant has read the brief of evidence;
o the accused and the DPP or informant have discussed whether this matter can be resolved by *a plea/*pleas of guilty and, if so, on what charge(s);
o the accused and the DPP or informant propose that this committal proceeding be dealt with as follows—
*1.The court should determine the committal proceeding at the committal mention hearing.
At the committal mention hearing, will the accused submit that the accused should not be committed for trial? *Yes/*No
If committed for trial, how does the accused intend to plead?
*Guilty/*Not guilty/*Not applicable (charge to be withdrawn)
[if there is more than one charge, and the answers to these questions are not the same for all charges, list the charges separately or in groups and provide answers in relation to each charge or group of charges]
*Basis of indication of intention to plead
[If the accused indicates an intention to plead on a particular basis or bases, briefly indicate that basis or those bases. For example—
The indication is made without prejudice in the course of negotiations to settle the matter.
The indication is made on the basis that the informant will withdraw particular charges.]
*2.The parties seek a committal case conference. The issues identified by the parties to be addressed at the committal case conference are—[insert brief description of issues]
*3.The accused will apply for a summary hearing of the following charge(s).
Charge [list each charge for which there will be an application for a summary hearing]
Proposed plea
*Guilty
*Not guilty
*4.The accused will apply for leave to cross-examine the following witness or witnesses.
Name of witness:
Does the informant oppose leave being granted? *Yes/*No
Issue, relevance and justification
[indicate the issue or issues identified by the accused to which the proposed questioning relates, why the accused considers that evidence of the witness is relevant to that issue or those issues and why the accused considers that cross-examination on that issue or those issues is justified]
Opposition [indicate why the informant opposes leave being granted]
*5.The particulars of previous convictions of any witness on whose evidence the prosecution intends to rely in the committal proceeding.
*6.The accused seeks the production of an item or items listed in the hand-up brief and the informant objects to the production of the item or items—
Item [describe the item(s)]
Ground for objection [indicate the informant's ground for objecting to producing the item]
*7.The accused seeks the production of an item or items not included in the hand-up brief.
*8.The accused is *prepared/*not prepared to proceed with the committal hearing while a forensic procedure, examination or test described in the hand-up brief remains incomplete.
*9.The accused and the DPP or informant seek an adjournment of the committal proceeding.
Reason(s) for adjournment [indicate the reason(s) for the proposed adjournment]
Date:
Signature of *accused/*accused's legal practitioner:
Date:
Signature (for or on behalf of the DPP or informant):
*Delete if not applicable
__________________
FORM 6E
Rule 2.06I
Children, Youth and Families Act 2005
FORM 6E—NOTICE OF COMMITTAL PROCEEDING
Court Ref.:
In the Children's Court of
Victoria at [venue]
TO: [accused(s)]
of [address(es)]
Informant's contact details: [insert name and contact details]
COMMITTAL MENTION DATE
You have been charged with *a criminal offence/*criminal offences.
There will be a committal mention hearing in relation to the charge or charges at the Children's Court at [venue] on [date] at [time].
You must attend court on that date.
WHAT IS A COMMITTAL PROCEEDING?
A committal proceeding is a proceeding in the Children's Court. That court will examine the evidence relating to the charge or charges against you to decide whether there is sufficient evidence to send you for trial in the County Court or the Supreme Court.
WHAT WILL HAPPEN BETWEEN NOW AND THE COMMITTAL MENTION DATE?
At least 42 days before the committal mention hearing, the person who charged you (the informant) will provide you (or your lawyer, if you have a lawyer) with a hand-up brief. The hand-up brief will set out the evidence relating to the charge or charges against you. This will include statements made by witnesses.
You or your lawyer will be notified of the prosecutor's contact details. You or your lawyer must discuss the case with the prosecutor before the committal mention hearing.
Depending on the nature of the case and of the witnesses, you may be able to ask the court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.
You will receive further information about the process when you receive the hand-up brief of evidence.
THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.
If you do not have a lawyer, you should contact a lawyer, Victoria Legal Aid or a registrar of the Children's Court as soon as possible.
[telephone number for Law Institute of Victoria Referral Service]
[address and telephone number for Victoria Legal Aid]
[address and telephone number of registrar of Children's Court]
Date:
Registrar:
*Delete if not applicable
__________________
FORM 6F
Rule 2.06J
Children, Youth and Families Act 2005
FORM 6F—APPLICATION FOR THE FIXING OF A LONGER PERIOD FOR THE HOLDING OF A COMMITTAL MENTION HEARING
(Section 126 of the Criminal Procedure Act 2009)
Court Ref.:
In the Children's Court of
Victoria at [venue]
TO: [identify party to whom notice of application is to be given]
THE APPLICANT [insert name] applies to the Court for the Court to fix a longer period for the holding of a committal mention hearing than that set out in section 126 of the Criminal Procedure Act 2009.
The Committal Mention Date in this committal proceeding is: [date].
The application will be heard at the Children's Court at [venue] on [date] at [time] a.m.*/p.m.* or so soon afterwards as the business of the Court allows.
A statement*/affidavit* in support has*/has not* been filed with the Court.
Signature of Applicant or Applicant's legal practitioner:
Date:
Registrar:
This application was filed by:
*Delete if not applicable
__________________
FORM 6G
Rule 2.06K
Children, Youth and Families Act 2005
FORM 6G—APPLICATION FOR THE FIXING OF A LONGER PERIOD FOR THE DETERMINATION OF A COMMITTAL PROCEEDING FOR A SEXUAL OFFENCE
(Section 99(3) of the Criminal Procedure Act 2009)
Court Ref.:
In the Children's Court of
Victoria at [venue]
TO: [identify party to whom notice of application is to be given]
THE APPLICANT [insert name] applies to the Court to fix a longer period for the determination of a committal proceeding than that set out in section 99(2) of the Criminal Procedure Act 2009.
The proposed date for the committal proceeding is: [date].
The application will be heard at the Children's Court at [venue] on [date] at [time] a.m.*/p.m.* or so soon afterwards as the business of the Court allows.
A statement*/affidavit* in support has*/has not* been filed with the Court.
Signature of Applicant or Applicant's legal practitioner:
Date:
Registrar:
This application was filed by:
*Delete if not applicable
__________________
FORM 6H
Rule 2.06N
Children, Youth and Families Act 2005
FORM 6H—COMMITTAL CAUTION
(Section 144 of the Criminal Procedure Act 2009)
You may plead guilty or not guilty. If you plead guilty to all the charges or some of the charges today or at any time before or during your trial, the sentencing judge may take into account whether you pleaded guilty and the stage in the proceedings at which you pleaded guilty or indicated an intention to plead guilty. It is also your right to plead not guilty to all of the charges or some of them. Whatever you say will be recorded and may be given in evidence if you appear before a judge. Do you plead guilty or not guilty?
__________________
FORM 6I
Rule 2.06O
Children, Youth and Families Act 2005
FORM 6I—ALIBI CAUTION
(Section 190 of the Criminal Procedure Act 2009)
I caution you that your right to call evidence at trial in support of an alibi is restricted.
To be allowed to call alibi evidence you must give written notice to the Court now or to the DPP not later than 14 days after the end of this committal proceeding.
The notice must contain—
(a) particulars as to time and place of the alibi;
(b) the name of any witness to the alibi;
(c) last known address of the witness;
(d)if the name and address of a witness are not known, any information which might be of material assistance in finding the witness—
in support of your alibi.
__________________".
Dated: 25 October 2018
AMANDA J. CHAMBERS,
President, Children's Court of VictoriaJENNIFER BOWLES,
Magistrate, Children's Court of VictoriaKIM M. W. PARKINSON,
Magistrate, Children's Court of Victoria
═════════════
Endnotes
[1] Rule 4: S.R. No. 189/2009 as amended by S.R. No. 70/2018.
[2] Rule 2.06P: S.R. No. 148/2012 as amended by S.R. Nos 39/2013, 141/2013, 26/2016, 131/2017 and 52/2018.
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