County Court (Chapter Iii Judicial Registrars and Subpoenas Amendment) Rules 2021 (Vic)
County Court (Chapter III Judicial Registrars and Subpoenas Amendment) Rules 2021
S.R. No. 98/2021
TABLE OF PROVISIONS
Rule Page
Part 1—Preliminary
1Object
2Authorising provisions
3Commencement
4Principal Rules
Part 2—Judicial registrars
5Order 2A substituted
Part 3—Subpoenas
6Form 1D amended
7Form 1E amended
8Form 1EA amended
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Endnotes
STATUTORY RULES 2021
S.R. No. 98/2021
County Court Act 1958
County Court (Chapter III Judicial Registrars and Subpoenas Amendment) Rules 2021
A majority of the Judges of the County Court makes the following Rules:
Part 1—Preliminary
1Object
The object of these Rules is to amend Chapter III of the Rules of the County Court—
(a)to make further provision in relation to the powers of judicial registrars in proceedings to which those Rules relate; and
(b)to amend Forms for subpoenas to reflect the range of parties on whose requests those subpoenas may be issued.
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 13 August 2021.
4Principal Rules
In these Rules, the County Court Criminal Procedure Rules 2019[1] are called the Principal Rules.
Part 2—Judicial registrars
5Order 2A substituted
For Order 2A of the Principal Rules substitute—
"Order 2A—Judicial registrars
Part 1—Preliminary
2A.1Definitions
In this Part—
pre-trial hearing means—
(a)a directions hearing under Division 1 of Part 5.5 of the Criminal Procedure Act 2009; or
(b)a hearing in a criminal proceeding in which—
(i)an accused has been committed for trial under Chapter 4 of that Act; or
(ii)a direct indictment has been filed against an accused—
other than a hearing during trial;
preliminary hearing, in relation to an appeal, means a hearing in respect of that appeal that occurs before the appeal itself has begun to be heard;
the Act means the Criminal Procedure Act 2009.
Part 2—Powers under the Criminal Procedure Act 2009
Division 1—Trials
2A.2Pre-trial hearings
(1)Subject to this Rule, a judicial registrar may constitute the Court for the purposes of a pre-trial hearing.
(2)A judicial registrar must not constitute the Court for—
(a)a special hearing under Division 6 of Part 8.2 of the Act; or
(b)a sentencing hearing.
(3)When a judicial registrar constitutes the Court at a pre-trial hearing under paragraph (1), all the powers under the Act that the Court would have at such a hearing are delegated to the judicial registrar—
(a)except the powers of the Court referred to in paragraph (4); and
(b)in the case of the powers of the Court under sections 168(4)(b), 331(2) and 413(2)(b) of the Act, subject to the qualifications set out in Rule 2A.3.
Note
Rule 2A.3 qualifies the exercise, by a judicial registrar, of the powers under the Act to grant or extend bail, and to remand an accused in custody.
(4)The following powers of the Court are not delegated to the judicial registrar—
(a)the power of the Court under section 181(2)(i) of the Act to determine any objection relating to the disclosure of information or material by the prosecution;
(b)the power of the Court to, in accordance with section 181(2)(k) of the Act, determine an application under section 208 of the Act for a sentence indication under section 207 of the Act;
(c)the powers of the Court under sections 193(1) and (2) and 195 of the Act to order that certain charges be tried separately;
(d)the power of the Court under section 242(1) and (1A) of the Act to hear and determine a charge for a related summary offence, except as described in paragraph (5);
(e)the powers of the Court under section 243(1) and (1A) of the Act to hear and determine a charge for an unrelated summary offence, except as described in paragraph (5);
(f)the power of the Court to grant leave under section 342 of the Act;
(g)the power of the Court under section 387F(1)(b) of the Act to order that a recorded statement referred to in section 387E of the Act is not admissible;
(h)the power of the Court under section 387F(2)(c) of the Act to determine whether the Court is satisfied as described in that paragraph;
(i)the power of the Court under section 387F(4) of the Act to rule as inadmissible the whole or any part of the content of a recorded statement referred to in section 387E of the Act;
(j)the power of the Court under section 387G(2) of the Act to admit as evidence-in-chief a recorded statement;
(k)the power of the Court under section 387J(1) of the Act to order that a recorded statement be produced for use;
(l)the power of the Court under section 415 of the Act to direct that a person be tried for perjury;
(m)the power of the Court to impose any sentence.
(5)Nothing in paragraph (4)(d) or (e) prevents the judicial registrar from—
(a)exercising the power of the Court under section 242(1) or (1A) of the Act to determine a charge for a related summary offence by striking out the charge; or
(b)exercising the power of the Court under section 243(1) or (1A) of the Act to determine a charge for an unrelated summary offence by striking out the charge—
if the striking out of the charge is not opposed.
2A.3Restrictions relating to bail and remand at pre-trial hearings
(1)This Rule applies to a judicial registrar who is constituting the Court for the purposes of a pre-trial hearing in accordance with Rule 2A.2.
(2)The judicial registrar may exercise the power of the Court under section 168(4)(b) of the Act to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
(3)The judicial registrar may exercise the power of the Court under section 168(4)(b) of the Act to grant bail only if the granting of bail is not opposed.
(4)The judicial registrar may exercise the power of the Court under section 331(2)(b) of the Act to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
(5)The judicial registrar may exercise the power of the Court under section 331(2)(c) of the Act to grant or extend bail only if the granting or extension of bail is not opposed.
(6)The judicial registrar may exercise the power of the Court under section 413(2)(b) of the Act to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
(7)The judicial registrar may exercise the power of the Court under section 413(2)(b) of the Act to grant bail only if the granting of bail is not opposed.
2A.4Hearings during trial
(1)Subject to paragraph (2), a judicial registrar may constitute the Court during a trial for a hearing in respect of a power delegated to the judicial registrar under paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court are delegated to a judicial registrar for exercise during trial—
(a)the power of the Court under section 242(5) of the Act to transfer a proceeding for a related summary offence to the Magistrates' Court for hearing and determination;
(b)the power of the Court under section 243(4) of the Act to direct that a charge for an unrelated summary offence be transferred to the Magistrates' Court for hearing and determination;
(c)the power of the Court to issue a subpoena on an application under section 336 of the Act;
(d)the power of the Court under section 389(2) of the Act to direct that a witness give evidence by audiovisual link;
(e)the power of the Court under section 397 of the Act to make an order for substituted service;
(f)the power of the Court under section 404(1) of the Act to make an order with respect to the costs of and incidental to the trial;
(g)the power of the Court under section 413(1) of the Act to transfer a charge to the appropriate court;
(h)the power of the Court under section 413(2)(b) of the Act to remand an accused, if—
(i)there is no application for bail; or
(ii)the remanding of the accused is not opposed;
(i)the power of the Court under section 413(2)(b) of the Act to grant bail, if the granting of bail is not opposed.
Note
Other Rules in this Order also delegate various powers of the Court to judicial registrars in a way that makes them exercisable during trial. The power may be exercisable during trial because the provision provides for the exercise of that power in a criminal proceeding, or in a proceeding to which these Rules relate, or when a judicial registrar constitutes the Court in accordance with this Order.
Division 2—Appeals
2A.5Appeal by offender
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 254 of the Act.
(2)When a judicial registrar constitutes the Court for the purposes of the preliminary hearing, all the powers that the Court would have at such a hearing are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court constituted by a judicial registrar to hear and determine the appeal.
2A.6Appeal by DPP against sentence
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 257 of the Act.
(2)When a judicial registrar constitutes the Court for the purposes of the preliminary hearing, all the powers that the Court would have at such a hearing are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court constituted by a judicial registrar to hear and determine the appeal.
2A.7Appeal by DPP—failure to fulfil undertaking
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 260 of the Act.
(2)When a judicial registrar constitutes the Court for the purposes of the preliminary hearing, all the powers that the Court would have at such a hearing are delegated to the judicial registrar.
(3)Nothing in this Rule authorises the Court constituted by a judicial registrar to hear and determine the appeal.
2A.8Costs
(1)A judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated under paragraph (2).
(2)The following powers of the Court are delegated to a judicial registrar—
(a)the power under section 406(1) of the Act to order that an appellant pay all or a specified portion of the respondent's costs of an appeal under section 254 that is struck out or dismissed;
(b)the power under section 406(3) of the Act to order that the appellant pay to the respondent any costs that the Court thinks reasonable in respect of an appeal under section 254 or 257 of the Act that either was not prosecuted or was outside the Court's jurisdiction;
(c)the power under section 406(4) of the Act to order that the appellant pay any costs incurred as a result of the breach of an undertaking referred to in section 255(5) or the abandonment of an appeal under section 254;
(d)the power under section 407(3) of the Act to make an order dealing with the respondent's costs of an appeal that is struck out.
Division 3—Criminal proceedings generally
2A.9Excusing attendance and adjourning proceedings
(1)When, in accordance with this Order, a judicial registrar constitutes the Court in a criminal proceeding (whether for the purposes of a pre-trial hearing, during trial, for the purposes of a preliminary hearing or otherwise), the following powers under the Act are delegated to the judicial registrar—
(a)the power of the Court under section 330(3) to excuse a person from attending a hearing;
(b)subject to the qualifications set out in paragraphs (2) and (3), the power of the Court under section 331 to adjourn the hearing of a criminal proceeding.
(2)A judicial registrar may exercise the power of the Court under section 331(2)(b) of the Act to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
(3)A judicial registrar may exercise the power of the Court under section 331(2)(c) of the Act to grant or extend bail only if the granting or extension of bail is not opposed.
Part 3—Powers under other Acts
2A.10Appeal Costs Act 1998—indemnity certificates
(1)Subject to paragraph (2), a judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated by paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court under the Appeal Costs Act 1998 are delegated to a judicial registrar—
(a)the power to grant an indemnity certificate under section 16(1) of that Act;
(b)the power to grant an indemnity certificate under section 17(1) of that Act.
2A.11Bail Act 1977
(1)Subject to paragraph (2), a judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated by paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court under the Bail Act 1977 are delegated to a judicial registrar—
(a)the power under section 5A(1) of that Act to give a direction described in section 5A(1)(c) of that Act and grant bail under section 5A(1)(d)(i), if the application for bail is not opposed;
(b)the power under section 5A(1) of that Act to give a direction described in section 5A(1)(c) of that Act, and to refuse bail and give a direction referred to in section 5A(1)(d)(ii), if—
(i)there is no application for bail; or
(ii)there is an application for bail to be refused, and that application is not opposed;
(c)the power under section 12(3) of that Act to grant bail, if the application for bail is not opposed;
(d)the power under section 12(3) of that Act to refuse bail, if—
(i)there is no application for bail; or
(ii)there is an application for bail to be refused, and that application is not opposed;
(e)the power under section 12B(2)(a) of that Act to remand the accused, if—
(i)there is no application for bail; or
(ii)there is an application for the accused to be remanded, and that application is not opposed;
(f)the power under section 12B(2)(b) of that Act to grant bail, if the granting of bail is not opposed;
(g)the power under section 16(2) of that Act to extend the bail of a person charged, if the application for the extension is not opposed;
(h)the power under section 18AD(a) of that Act to vary the amount of bail or conditions of bail, if the application for the variation is not opposed;
(i)the power under section 18AF(a) of that Act to revoke bail, if the application for revocation is not opposed;
(j)the power under section 19(2) of that Act to remand a person in custody, if—
(i)there is no application for bail; or
(ii)there is an application for the accused to be remanded, and that application is not opposed;
(k)the power under section 19(2) of that Act to require a person to furnish new or additional sureties, if the application to have that requirement imposed is not opposed.
(4)When a judicial registrar constitutes the Court in accordance with this Rule, the following additional powers under the Bail Act 1977 are delegated to the judicial registrar—
(a)the powers under section 8(3) and (4) of that Act to adjourn the hearing of the proceeding and remand the accused in custody;
(b)the power under section 8(6) of that Act to adjourn the hearing of the proceeding and remand the accused in custody.
Note
Further powers relating to bail are also delegated to judicial registrars by Rule 2A.2.
2A.12Children, Youth and Families Act 2005—appeal by offender
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 424 of the Children, Youth and Families Act 2005.
(2)When a judicial registrar constitutes the Court for the purposes of the preliminary hearing, all the powers that the Court would have at such a hearing are delegated to the judicial registrar.
(3)Nothing in this Rule authorises a judicial registrar to hear and determine the appeal.
2A.13Children, Youth and Families Act 2005—appeal by DPP against sentence
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 427 of the Children, Youth and Families Act 2005.
(2)When a judicial registrar constitutes the Court for the purposes of the preliminary hearing, all the powers that the Court would have at such a hearing are delegated to the judicial registrar.
(3)Nothing in this Rule authorises a judicial registrar to hear and determine the appeal.
2A.14Children, Youth and Families Act 2005—appeal by DPP—failure to fulfil undertaking
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under section 429A of the Children, Youth and Families Act 2005.
(2)When a judicial registrar constitutes the Court for the purposes of the preliminary hearing, all the powers that the Court would have at such a hearing are delegated to the judicial registrar.
(3)Nothing in this Rule authorises a judicial registrar to hear and determine the appeal.
2A.15Children, Youth and Families Act 2005—bringing accused or appellant before the Court
When a judicial registrar constitutes the Court in accordance with this Order, the power of the Court to make an order under section 490 of the Children, Youth and Families Act 2005 is delegated to the judicial registrar.
Note
Rule 2A.23 makes similar provision in relation to regulations made under the Corrections Act 1986.
2A.16Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
(1)When a judicial registrar constitutes the Court under Rule 2A.2 for the purposes of a pre-trial hearing, the following powers under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 are delegated to the judicial registrar—
(a)the power of the Court under section 9(1) of that Act to reserve the question of the fitness of the accused to stand trial for investigation under Part 2 of that Act;
(b)subject to the qualifications set out in the subsequent paragraphs of this Rule, the following powers of the Court, being powers exercisable once that question has been reserved for investigation—
(i)the power under section 10(1)(a) of that Act to make an order granting the accused bail;
(ii)the power under section 10(1)(b) of that Act to make an order remanding the accused in custody in an appropriate place;
(iii)the power under section 10(1)(ba) of that Act to make an order remanding an accused who is a child in custody in a youth justice centre or a youth residential centre;
(iv)the power under section 10(1)(c) of that Act to make an order remanding the accused in custody in a prison;
(v)the power under section 10(1)(d) of that Act to make an order that the accused undergo an examination and that the results be put before the Court.
Note
Rule 2A.9 also delegates to the judicial registrar powers to excuse attendance or adjourn the proceedings.
(2)A judicial registrar may exercise the power of the Court under section 10(1)(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to grant bail only if the granting of bail is not opposed.
(3)A judicial registrar may exercise a power of the Court under section 10(1)(b), (ba) or (c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to remand an accused only if—
(a)there is no application for bail; or
(b)the remanding of the accused is not opposed.
2A.17Evidence (Miscellaneous Provisions) Act 1958
(1)Subject to paragraph (2), a judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of a hearing in respect of the powers delegated by paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court under the Evidence (Miscellaneous Provisions) Act 1958 are delegated to a judicial registrar—
(a)the power of the Court under section 4(1A) of that Act to make an order for the issue of a commission for the examination of a person on oath or affirmation at any place in Victoria;
(b)the power of the Court to grant leave under section 32C of that Act.
2A.18Family Violence Protection Act 2008—appeals
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under Subdivision 1 of Division 9 of Part 4 of the Family Violence Protection Act 2008.
(2)When a judicial registrar constitutes the Court for the purposes of the preliminary hearing, all the powers that the Court would have at such a hearing are delegated to the judicial registrar.
(3)Nothing in this Rule authorises a judicial registrar to hear and determine the appeal.
2A.19Open Courts Act 2013—proceedings to which these Rules relate
When a judicial registrar constitutes the Court in accordance with this Order, the following powers of the Court under the Open Courts Act 2013 are delegated to the judicial registrar—
(a)the power of the Court under section 17 of that Act to make a proceeding suppression order;
(b)the power of the Court to make a closed court order within the meaning of that Act.
2A.20Open Courts Act 2013—criminal proceedings only
When a judicial registrar constitutes the Court in a criminal proceeding in accordance with this Order, the power of the Court referred to in section 25(1) of the Open Courts Act 2013 is delegated to the judicial registrar.
2A.21Personal Safety Intervention Orders Act 2010—appeals
(1)A judicial registrar may constitute the Court for the purposes of a preliminary hearing in an appeal under Subdivision 1 of Division 11 of Part 3 of the Personal Safety Intervention Orders Act 2010.
(2)When a judicial registrar constitutes the Court for the purposes of the preliminary hearing, all the powers that the Court would have at such a hearing are delegated to the judicial registrar.
(3)Nothing in this Rule authorises a judicial registrar to hear and determine the appeal.
Part 4—Powers under statutory rules
2A.22Chapter I of the Rules of the County Court—subpoenas
(1)Subject to paragraph (2), a judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of a hearing in respect of the power delegated by paragraph (3).
(2)A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a)the trial judge;
(b)each accused; and
(c)the prosecution.
(3)The following powers of the Court are delegated to a judicial registrar—
(a)the power of the Court to issue a subpoena in accordance with Rule 42.02 of Chapter I of the Rules of the County Court;
(b)the power of the Court to make an order fixing the last date for service of a subpoena in accordance with Rule 42.03(8) of that Chapter;
(c)the power of the Court to set aside a subpoena in whole or in part, or grant other relief in respect of it, in accordance with Rule 42.04 of that Chapter;
(d)the power of the Court to give directions, in accordance with Rule 42.08 of that Chapter, in relation to the removal, return, inspection, copying and disposal of documents and things produced in response to a subpoena;
(e)the power of the Court to order the issuing party, in accordance with Rule 42.11 of that Chapter, to pay the costs and expenses of compliance with a subpoena.
Note
See Rule 1.09 of this Chapter of the Rules of the County Court in relation to subpoenas generally.
2A.23Regulations under the Corrections Act 1986—bringing accused or appellant before the Court
When a judicial registrar constitutes the Court in accordance with this Order, the power of the Court to make an order to bring an accused or an appellant who is in custody before the Court pursuant to regulations made under the Corrections Act 1986 is delegated to the judicial registrar.
Note
Rule 2A.15 makes similar provision in relation to section 490 of the Children, Youth and Families Act 2005.
Part 5—Referral by Court constituted by Judge
2A.24Referral to judicial registrar
(1)The Court constituted by a Judge may, by order, refer a matter to the Court constituted by a judicial registrar if—
(a)the matter arises in a proceeding to which any other provision of these Rules relates;
(b)no other provision of this Order gives a judicial registrar any authority over the matter; and
(c)the Court constituted by the Judge is of the view that it would be proper for the matter to be heard and determined by the Court constituted by a judicial registrar.
(2)The Court constituted by the Judge may refer the matter subject to any directions specified in the order.
2A.25Judicial registrar may constitute the Court on a referral
A judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of hearing and determining a matter referred under Rule 2A.24(1).
2A.26Delegation of powers to judicial registrar on a referral
(1)Subject to the subsequent paragraphs of this Rule, all the powers that the Court constituted by a Judge would have in hearing and determining a matter referred under Rule 2A.24(1) are delegated to the judicial registrar.
(2)The delegation under paragraph (1) is subject to any directions in the order referring the matter.
(3)Nothing in this Rule delegates to a judicial registrar a power that another provision of this Order states is not delegated to a judicial registrar.
(4)If another provision of this Order states that a power is delegated to a judicial registrar, but only subject to certain qualifications, a delegation of that power under this Rule is also subject to those qualifications.
(5)Nothing in this Rule purports to delegate to a judicial registrar a power specified in a subparagraph of section 78(1)(fc) of the County Court Act 1958.
2A.27Referral back to Court constituted by Judge
On a referral under Rule 2A.24, the Court constituted by the judicial registrar may refer the matter back to the Court constituted by a Judge.
Part 6—Miscellaneous
2A.28Exercise of powers without oral hearing
(1)A power of the Court—
(a)that a provision of this Order delegates to a judicial registrar; and
(b)that, when exercised by the Court constituted by a Judge, may be exercised without an oral hearing—
may be exercised by the judicial registrar without an oral hearing.
(2)A judicial registrar may constitute the Court in a proceeding to which these Rules relate for the purposes of exercising a power without an oral hearing in accordance with paragraph (1).
2A.29Review by Judge of judicial registrar determinations
(1)In this Rule, a reference to a determination includes a reference to a judgment, a direction or an order.
(2)A determination of the Court constituted by a judicial registrar may be reviewed by the Court constituted by a Judge, on the motion of the Court constituted by a Judge or on application by a party to the proceeding.
(3)An application under paragraph (2) is to be made by notice filed with the Court, stating—
(a)whether the whole or part only of the determination is the subject of the review;
(b)if part only of the determination is the subject of the review, which part; and
(c)what determination is sought in place of the determination that is the subject of the review.
(4)A copy of the notice under paragraph (3) must be served on each other party to the proceeding within 14 days after the date of the determination.
(5)A review under this Rule shall be conducted by way of hearing de novo.
(6)In conducting a review in accordance with this Rule, the Court constituted by the Judge may—
(a)exercise all the powers and discretions of the Court with respect to the subject matter of the review; and
(b)confirm, set aside or vary the determination of the Court constituted by the judicial registrar or make such further or other determination as may be necessary or as the case requires.
(7)On the review, each party may, subject to any proper objections to admissibility—
(a)rely upon any affidavit used before the judicial registrar and upon any evidence given orally before the judicial registrar; and
(b)by leave of the Court, rely on any affidavit or oral evidence not used or given before the judicial registrar.
(8)Except so far as the Court constituted by a Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the determination of the Court constituted by the judicial registrar to which the review relates.
2A.30Judicial registrar may act for another
If circumstances so require, another judicial registrar may hear and determine a matter which a judicial registrar is authorised by this Order to hear and determine instead of the judicial registrar by whom it would otherwise be heard and determined.".
Part 3—Subpoenas
6Form 1D amended
In Form 1D of the Principal Rules, after the heading "Details of subpoena", for "from a police officer or the Solicitor for Public Prosecutions," substitute "from the issuing party,".
7Form 1E amended
In Form 1E of the Principal Rules—
(a)after the heading "Details of subpoena", for "from a police officer or the Solicitor for Public Prosecutions," substitute "from the issuing party,";
(b)after the heading "Production of subpoena or copy of it and documents or things by delivery or post", in paragraph 4, for "from a police officer or the Solicitor for Public Prosecutions," substitute "from the issuing party,".
8Form 1EA amended
In Form 1EA of the Principal Rules, after the heading "Details of subpoena", for "from a police officer or the Solicitor for Public Prosecutions," substitute "from the issuing party,".
Dated: 10 August 2021
| P. B. KIDD, Chief Judge | S. S. DAVIS |
| M. E. SEXTON | J. G. MORRISH |
| FRANCES E. HOGAN | L. A. HANNAN |
| IRENE LAWSON | C. M. O'NEILL |
| ELIZABETH GAYNOR | P. G. MISSO |
| P. J. COISH | P. M. E. WISCHUSEN |
| FRANK GUCCIARDO | A. FOX |
| MARK GAMBLE | MICHAEL CAHILL |
| GERARD MULLALY | S. JOHNS |
| J. L. PARRISH | D. A. SEXTON |
| MICHAEL H. TINNEY | MARTINE MARICH |
| G. CANNON | P. J. GINNANE |
| M. E. DEAN | ELIZABETH BRIMER |
| JOHN CARMODY | G. A. GEORGIOU |
| M. F. MACNAMARA | A. S. PILLAY |
| BILL STUART | R. E. CARLIN |
| P. COSGRAVE | ANNE HASSAN |
| R. W. DYER | KEVIN DOYLE |
| SARA HINCHEY | JOHN CAIN |
| A. J. CHAMBERS | F. L. DALZIEL |
| A. TSALAMANDRIS | S. LEIGHFIELD |
| SAMANTHA L. MARKS | DAVID J. N. PURCELL |
| GREGORY LYON | F. H. TODD |
| TED WOODWARD | MY ANH TRAN |
| C. R. GWYNN | J. HANNEBERY |
| D. A. TRAPNELL | JULIE CLAYTON |
| M. G. O'CONNELL | A. ROBERTSON |
| A. M. RYAN | M. DEMPSEY |
| P. J. F. HIGHAM | S. BURCHELL |
| T. WRAIGHT | P. TIWANA |
| P. R. RIDDELL |
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Endnotes
[1] Rule 4: S.R. No. 126/2019 as amended by S.R. No. 16/2020.
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