County Court (Chapter III Amendment No. 4) Rules 2014 (Vic)

County Court (Chapter III Amendment No. 4) Rules 2014

S.R. No. 178/2014

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Heading to Order 4 amended

6Rule 4.01 substituted

4.01Application of this Order

7Notice of appeal by offender

8New Rule 4.03.1 inserted

4.03.1Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

9Notice of appeal

10New Form 4BA inserted

Form 4BA—Notice of Appeal Against Orders Under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Imposed by Children's Court

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 178/2014

County Court Act 1958

County Court (Chapter III Amendment No. 4) Rules 2014

A majority of the Judges of the County Court makes the following Rules:

1Object

The object of these Rules is to amend Chapter III of the Rules of the County Court as a consequence of the enactment of Part 5 of the Criminal Organisations Control and Other Acts Amendment Act 2014.

2Authorising provisions

These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers.

3Commencement

These Rules come into operation on 31 October 2014.

4Principal Rules

In these Rules, the County Court Criminal Procedure Rules 2009[1] are called the Principal Rules.

5Heading to Order 4 amended

In the heading to Order 4 of the Principal Rules, for "UNDER PART 5.4 OF CHAPTER 5 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005" substitute "FROM CHILDREN'S COURT".

6Rule 4.01 substituted

For Rule 4.01 of the Principal Rules substitute—

"4.01   Application of this Order

This Order applies to any appeal to the Court under—

(a)Part 5.4 of Chapter 5 of the Children, Youth and Families Act 2005; or

(b)Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.".

7Notice of appeal by offender

After Rule 4.02(1) of the Principal Rules insert—

"(1A)A notice of appeal under section 38U(1), 38ZE(1) or 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 must be in Form 4A.".

8New Rule 4.03.1 inserted

After Rule 4.03 of the Principal Rules insert—

"4.03.1 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

An appeal under section 38ZF(1) or 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 must be in Form 4BA.".

9Notice of appeal

(1)In Form 4A of the Principal Rules—

(a)after "*sentence alone" insert—

"*finding of unfitness to stand trial

*finding of mental impairment

*a supervision order";

(b)for "STATEMENT" substitute "*STATEMENT";

(c)for "UNDERTAKING" substitute "*UNDERTAKING".

10New Form 4BA inserted

After Form 4B of the Principal Rules insert—

"RULE 4.03.1

FORM 4BA

NOTICE OF APPEAL AGAINST ORDERS UNDER THE CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 IMPOSED BY CHILDREN'S COURT

To the Registrar of the Children's Court:

*I, [full name], the DPP wish to appeal under section 38ZF of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against an order for unconditional release made by the Children's Court in relation to [name of offender] of [address]

*I, [full name], the *DPP/*Attorney-General/*Secretary to the Department of Human Services/*Secretary to the Department of Health wish to appeal under section 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against a supervision order imposed by the Children's Court on [name of offender] of [address]

TAKE NOTICE that I apply to the County Court 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 personally by *DPP/*Attorney-General/*Secretary to the Department of Human Services/*Secretary to the Department of Health]

*delete if not applicable

PARTICULARS

1.Name of offender on whom order imposed:

2.Offence for which offender dealt with to which this appeal relates:

3.Order imposed at Children's Court: [place]

4.Children's Court Magistrate:

5.Order made:

6.Date of order:

7.Name and address of legal practitioner who represented offender at summary proceeding:

8.Name of counsel (if any) who represented offender at summary proceeding:

__________________".

Dated:    20 October 2014

M. ROZENES, Chief Judge	I. E. LAWSON
M. B. HARBISON	P. J. COISH
C. D. DOUGLAS	R. F. PUNSHON
G. R. ANDERSON	G. T. CHETTLE
J. R. BOWMAN	F. MILLANE
R. A. LEWITAN	F. P. HAMPEL
F. E. HOGAN	J. G. MORRISH
P. D. GRANT	M. H. TINNEY
S. E. PULLEN	G. T. CANNON
A. J. HOWARD	J. F. CARMODY
L. A. HANNAN	R. J. H. MAIDMENT
M. D. MURPHY	R. H. SMITH
M. E. KENNEDY	M. F. MACNAMARA
P. G. MISSO	W. E. STUART
K. L. BOURKE	D. G. BROOKES
J. M. J. PATRICK	J. A. JORDAN
P. G. LACAVA	C. J. RYAN
P. M. TAFT	P. J. COSGRAVE
G. P. MULLALY	G. F. MEREDITH
J. D. MONTGOMERY	R. W. DYER
J. L. PARRISH	C. M. QUIN

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ENDNOTES

[1] Rule 4: S.R. No. 183/2009. Reprint No. 1 as at 7 March 2014. Reprinted to S.R. No. 110/2013. Subsequently amended by S.R. Nos 14/2014 and 100/2014.