Criminal Procedure Regulations 2020 (Vic)
Version No. 002
Criminal Procedure Regulations 2020
S.R. No. 134/2020
Version incorporating amendments as at
1 October 2022
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocations
5Definitions
Part 2—Division 5 recordings
6Who may ask questions
7Information to be included in a Division 5 recording
8Copies of a Division 5 recording
9Transcript of a Division 5 recording
10Right of accused to listen to or view Division 5 recording
11Record of persons listening to or viewing Division 5 recordings
12Use of Division 5 recordings, copies or transcripts
13Retention and destruction of recordings and copies
Part 3—Division 6 recordings
14Right of accused to listen to or view Division 6 recording
15Record of persons listening to or viewing Division 6 recordings
16Use of Division 6 recordings, copies or transcripts
17Retention and destruction of recordings and copies
Part 4—Prosecution witnesses allowances and expenses
18Attendance allowance for expert witness
19Allowances and expenses of other witnesses
20Meal allowances for witnesses
21Accommodation expenses for witnesses
22Travelling allowances for witnesses
23No payment to prisoners
24Evidence of expenses etc. to be produced
Part 5—Intermediaries
25Intermediaries' oath or affirmation
26Use of recordings and transcripts
Part 6—Disclosure certificates
27Form of disclosure certificate
Schedule 1—Oaths and affirmations
Schedule 2—Disclosure certificate—section 41A of the Act
Schedule 3—Disclosure certificate—section 110A of the Act
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 002
Criminal Procedure Regulations 2020
S.R. No. 134/2020
Version incorporating amendments as at
1 October 2022
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to provide for the making, use, possession, copying, storage, access to and destruction of audio and audiovisual recordings referred to in Division 5 and Division 6 of Part 8.2 of the Criminal Procedure Act 2009; and
(b)to specify the allowances and expenses that are to be paid to prosecution witnesses; and
(c)to provide for the use of various audio or audiovisual recordings made in certain proceedings for the purposes of assisting intermediaries or the training or evaluation of intermediaries; and
(d)other matters required or necessary to be prescribed by the Criminal Procedure Act 2009.
2Authorising provision
These Regulations are made under section 420 of the Criminal Procedure Act 2009.
3Commencement
These Regulations come into operation on 13 December 2020.
4Revocations
The following Regulations are revoked—
(a)the Criminal Procedure Regulations 2009[1];
(b)the Criminal Procedure Amendment (Recorded Evidence-in-Chief) Regulations 2011[2];
(c)the Criminal Procedure Amendment Regulations 2018[3].
5Definitions
In these Regulations—
Department means the Department of Justice and Community Safety;
Division 5 recording means an audio or audiovisual recording of a kind referred to in Division 5 of Part 8.2 of the Act;
Division 6 recording means an audiovisual recording of a kind referred to in Division 6 of Part 8.2 of the Act;
Part 8.2A recording means an audio or audiovisual recording made in a proceeding in which an intermediary is appointed under Part 8.2A of the Act;
prothonotary has the same meaning as in section 106 of the Supreme Court Act 1986;
registrar means the registrar of the County Court within the meaning of section 3(1) of the County Court Act 1958;
the Act means the Criminal Procedure Act 2009.
Part 2—Division 5 recordings
6Who may ask questions
For the purposes of section 367 of the Act, the following persons are prescribed—
(a)a member of Victoria Police personnel (within the meaning of section 3(1) of the Victoria Police Act 2013) who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness;
(b)a person authorised in writing by the Chief Commissioner of Police who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness;
(c)if the questions are put to the witness in another State or the Northern Territory, a member of the police force of that State or Territory;
(d)if the questions are put to the witness in a Territory other than the Northern Territory, a member of the Australian Federal Police;
(e)a person on the panel established under section 389H of the Act who may be appointed as an intermediary for a witness.
7Information to be included in a Division 5 recording
In addition to any other requirement made by or under the Act, a Division 5 recording must include—
(a)the date on which, and the place at which, the recording is made; and
(b)the times at which the recording is commenced and concluded; and
(c)identification of all persons present during any part of the recording; and
(d)the times at which any break in questioning commenced and concluded and the reason for the break.
8Copies of a Division 5 recording
(1)The Chief Commissioner of Police may authorise copies to be made of a Division 5 recording and must ensure that the recording and all copies of the recording are kept in safe custody.
(2)If a copy of a recording is made, the Chief Commissioner of Police must record—
(a)the date on which the copy is made; and
(b)the name and address of the person to whom the copy is given.
9Transcript of a Division 5 recording
If a transcript of a Division 5 recording is made, a copy of the transcript must be given by the informant, as soon as is practicable, to the witness answering questions or to the witness's parent or guardian.
10Right of accused to listen to or view Division 5 recording
(1)If a Division 5 recording is made, the informant in the proceeding must give notice to the accused that the accused and the accused's legal practitioner have the right to listen to, and in the case of an audiovisual recording view, the recording at an agreed time and place.
(2)If an accused or the accused's legal practitioner wishes to listen to, and in the case of an audiovisual recording view, the Division 5 recording, the informant must make the recording or a copy of it available for listening or viewing at the time and place agreed between the informant, or a person acting on behalf of the informant, and the accused or the accused's legal practitioner.
11Record of persons listening to or viewing Division 5 recordings
If the accused or the accused's legal practitioner listens to or views a Division 5 recording, the informant, or a person acting on behalf of the informant, must record the following information—
(a)the name of the person viewing or listening to the recording;
(b)the capacity in which the person is involved in the proceeding;
(c)the date on which and the time at which the recording is viewed or listened to;
(d)the name of the person who gave access to the person to view or listen to the recording.
12Use of Division 5 recordings, copies or transcripts
(1)A Division 5 recording, a copy of a Division 5 recording or a transcript of a Division 5 recording may only be used—
(a)in, or in connection with, a proceeding referred to in Division 5 of Part 8.2 or for the purposes of Part 8.2A of the Act; or
(b)in accordance with regulation 26.
(2)Except in accordance with Part 8.2 of the Act or these Regulations, a person must not have possession of, or access to, a Division 5 recording, a copy of a Division 5 recording or a transcript of a Division 5 recording.
13Retention and destruction of recordings and copies
If a Division 5 recording is made, the Chief Commissioner of Police must—
(a)retain one copy of the recording in safe custody; and
(b)ensure that any other copies made of the recording are destroyed or erased, no later than 6 months after the latest of the—
(i)conclusion of the proceeding; or
(ii)expiry of any appeal period in relation to the charge; or
(iii)conclusion of a proceeding of a kind referred to in section 374(2) of the Act.
Part 3—Division 6 recordings
14Right of accused to listen to or view Division 6 recording
If a Division 6 recording is made, and an accused or an accused's legal practitioner wishes to listen to and view the recording, the registrar, prothonotary or the Office of Public Prosecutions (as the case requires) must make the recording or a copy of it available for listening or viewing.
15Record of persons listening to or viewing Division 6 recordings
If the accused or the accused's legal practitioner listens to or views a Division 6 recording, the registrar, prothonotary or the Office of Public Prosecutions (as the case requires) must record the following information—
(a)the name of the person viewing or listening to the recording;
(b)the capacity in which the person is involved in the proceeding;
(c)the date on which and the time at which the recording is viewed or listened to;
(d)the name of the person who gave access to the person to view or listen to the recording.
16Use of Division 6 recordings, copies or transcripts
(1)A Division 6 recording, a copy of a Division 6 recording or a transcript of a Division 6 recording may only be used—
(a)in, or in connection with, a proceeding referred to in Division 6 of Part 8.2 or for the purposes of Part 8.2A of the Act; or
(b)in accordance with regulation 26.
(2)Except in accordance with Part 8.2 of the Act or these Regulations, a person must not have possession of, or access to, a Division 6 recording, a copy of a Division 6 recording or a transcript of a Division 6 recording.
17Retention and destruction of recordings and copies
If a Division 6 recording is made, the registrar or prothonotary (as the case requires) must—
(a)retain one copy of the recording in safe custody; and
(b)ensure that any other copies made of the recording are destroyed or erased, no later than 12 months after the latest of the—
(i)conclusion of the proceeding; or
(ii)expiry of any appeal period in relation to the charge; or
(iii)conclusion of a proceeding of a kind referred to in section 374(2) of the Act.
Part 4—Prosecution witnesses allowances and expenses
18Attendance allowance for expert witness
A prosecution witness who is called to give evidence at a court in a professional or expert capacity, is entitled—
(a)to an amount of $79.50 if the period of absence from the witness's place of business or residence for the purposes of attending the court is 4 hours or less; or
(b)if the period of absence is more than 4 hours, to an amount of $79.50 plus $20.60 for each additional hour, or part of an hour, that the witness is absent from the witness's place of business or residence in excess of 4 hours, up to a maximum of $158.80 for any one day.
19Allowances and expenses of other witnesses
(1)This regulation applies to a prosecution witness who is called to give evidence at a court other than in a professional or expert capacity.
(2)If the witness is engaged in an income producing vocation and loses income because of the witness's attendance at the court, the witness is entitled to the amount of income actually lost up to a maximum of $69.10 for each day, or part of a day, that the witness is necessarily absent from the witness's place of business by reason of the attendance.
(3)If the witness is not engaged in an income producing vocation but the witness necessarily incurs expenditure because of the witness's attendance at the court that is not provided for in regulation 20, 21 or 22, the witness is entitled to the amount of the actual expenditure incurred up to a maximum of $33.70 for each day.
20Meal allowances for witnesses
(1)A prosecution witness who is called to give evidence at court and who is necessarily absent from the witness's home by reason of the attendance at court is entitled to the following allowances for meals during that absence—
(a)if the witness is absent from home overnight—
Capital City Any other location Breakfast $17.70 $15.75 Lunch $19.75 $18.05 Dinner $34.05 $31.15 Total $71.50 $64.95 ; (b)if the witness is absent for a part of a day only, departing and returning the same day—
Breakfast $12.40 Lunch $12.40 Dinner $16.50 Total $41.30 .
(2)Despite subregulation (1), a prosecution witness is only entitled to an allowance—
(a)for breakfast, if the witness is absent from the witness's home between 7.00 a.m. and 9.30 a.m.; and
(b)for lunch, if the witness is absent from the witness's home between 12.00 p.m. and 3.00 p.m.; and
(c)for dinner, if the witness is absent from the witness's home between 5.00 p.m. and 7.00 p.m.
21Accommodation expenses for witnesses
A prosecution witness who is called to give evidence at a court and who is necessarily absent from the witness's home overnight because of having to attend the court is entitled to the expenditure incurred by the witness for alternative accommodation up to a maximum of $150.00 for each night of the witness's absence.
22Travelling allowances for witnesses
(1)A prosecution witness who is called to give evidence at a court is entitled to an allowance in respect of the expense of travelling to and from the court equal to the cost of the most economical form of transport having regard to the total expense of attending the court.
(2)If the witness uses the witness's own vehicle, the witness is entitled to an allowance of 18 cents for each kilometre travelled to or from the court.
23No payment to prisoners
A prisoner of the Crown is not entitled to any payment under these Regulations.
24Evidence of expenses etc. to be produced
A person who is authorised to approve payments authorised by these Regulations must not approve the payment of an amount to a witness under these Regulations unless there is produced to that person evidence satisfactory to that person—
(a)in the case of regulation 19(2), that as a result of attending at the court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation; or
(b)in the case of regulations 19(3) and 21, of the expenditure incurred by the witness; or
(c)in the case of regulation 20, that the witness was absent from the witness's home by reason of attendance at court at the relevant times; or
(d)in the case of regulation 22(1), of the cost of the most economical form of transport.
Part 5—Intermediaries
25Intermediaries' oath or affirmation
For the purposes of section 389K(4) of the Act, the prescribed form of oath or affirmation is the form set out in Schedule 1 or a similar form.
26Use of recordings and transcripts
(1)For a purpose referred to in subregulation (2), Victoria Police or the relevant court, as the case may be, may provide to the Secretary to the Department a copy or transcript of—
(a)a Division 5 recording; or
(b)a Division 6 recording; or
(c)a Part 8.2A recording.
(2)The Secretary to the Department may authorise in writing a person to use a copy or a transcript of a recording provided under subregulation (1) for the purpose of—
(a)assisting an intermediary to perform a function set out in section 389I of the Act, including assessing a witness; or
(b)subject to subregulation (3), training or evaluation in connection with intermediaries.
(3)A copy or transcript of a Division 5 recording or a Part 8.2A recording or a copy or transcript of a Division 6 recording may only be used in accordance with subregulation (2)(b) if—
(a)all legal proceedings in relation to the subject matter of the recording or transcript are concluded; and
(b)all reasonable measures have been taken to remove information from the recording or transcript that discloses or is likely to disclose the identity of the victim or any other person.
Part 6—Disclosure certificates
27Form of disclosure certificate
For the purposes of—
(a)section 41A of the Act, the prescribed form of a disclosure certificate is the form set out in Schedule 2; and
(b)section 110A of the Act, the prescribed form of a disclosure certificate is the form set out in Schedule 3.
Schedule 1—Oaths and affirmations
Regulation 25
Oaths by intermediaries
I swear (or the person taking the oath may promise) by Almighty God (or the person may name a god recognised by the person's religion) that I will well and truly communicate questions and answers, and make true explanation of all matters and things, that are required of me in this case to the best of my ability.
Affirmations by intermediaries
I solemnly and sincerely declare and affirm that I will well and truly communicate questions and answers, and make true explanation of all matters and things, that are required of me in this case to the best of my ability.
Schedule 2—Disclosure certificate—section 41A of the Act
Regulation 27(a)
DISCLOSURE CERTIFICATE
(Section 41A of the Criminal Procedure Act 2009)
In the [court] at [venue] Court Ref.:
Acknowledgement
1.I am aware that, as the *informant/*law enforcement officer who prepared the full brief in this matter, I have a duty under the Criminal Procedure Act 2009, and at common law, to disclose to the accused all information, documents or things relevant to the alleged offence. I am aware that this duty is subject to—
(a)any claim of privilege or public interest immunity that has been determined by a court; and
(b)any immunity conferred by statute; and
(c)any relevant statutory prohibition or restriction that has the effect of precluding disclosure to the prosecution or the defence.
*2.[To be included if this certificate is completed by the informant] I am aware of my continuing obligation under the Criminal Procedure Act 2009, and at common law, to disclose to the accused any relevant information, document or thing that comes into my possession or to my notice after service of the full brief.
*3.[To be included if this certificate is completed by the informant and the proceeding is conducted by the DPP] I am aware of my obligation under section 415A of the Criminal Procedure Act 2009 to provide to the DPP any information, document or thing that I possess or have knowledge of, or that the law enforcement agency I represent possesses or has knowledge of, that is relevant to the alleged offence, subject to the provisions in section 415A.
I am aware that this obligation continues to apply to any information, document or thing that I come to possess or have knowledge of, or that the law enforcement agency I represent comes to possess or have knowledge of, after I have first complied with the requirements of section 415A.
4.The information I have given in this certificate is true, to the best of my knowledge and belief, and has been reviewed by a superior officer within the law enforcement agency I represent. [NOTE: A superior officer is a person to whom an organisation has given responsibility for reviewing disclosure certificates. If the informant or law enforcement officer completing this certificate is a member of Victoria Police, a superior officer must be a person who holds a rank senior to the informant or law enforcement officer.]
*Delete if not applicable
Notes
1. See sections 41(1)(f) and 45 of the Criminal Procedure Act 2009.
2. See also section 416(2) of the Criminal Procedure Act 2009 which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.
Schedule 1—Relevant material not contained in brief that is subject to a privilege or immunity (section 41A(1)(a)(i) and (ii) of the Criminal Procedure Act 2009)
*Relevant information, or a relevant document or thing, is not contained in the full brief because it is the subject of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute.
This information, document or thing, and the nature of the privilege or immunity to which it is subject, is described in the table below subject to any order of a court.
| Information, document or thing | Nature of privilege or immunity | |
| 1. | [Describe the information, document or thing] | [Describe the privilege or immunity] |
| 2. | ||
| 3. | ||
| 4. | ||
| 5. | ||
| 6. | ||
| 7. |
Note
See also section 416(2) of the Criminal Procedure Act 2009 which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.
*No relevant information, document or thing has been withheld from the full brief because of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute.
*Delete if not applicable
Schedule 2—Relevant material not contained in brief that is subject to a statutory prohibition or restriction on disclosure (section 41A(1)(a)(iii) of the Criminal Procedure Act 2009)
*Relevant information, or a relevant document or thing, is not contained in the full brief because it is the subject of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence.
This information, document or thing, and the nature of the prohibition or restriction to which it is subject, is described in the table below to the extent permitted by the relevant statute and subject to any order of a court.
| Information, document or thing | Nature of statutory prohibition or restriction | |
| 1. | [Describe the information, document or thing] | [Describe the statutory prohibition or restriction on disclosure including, if permitted, the relevant statute and section] |
| 2. | ||
| 3. | ||
| 4. | ||
| 5. | ||
| 6. | ||
| 7. |
Note
See also section 416(2) of the Criminal Procedure Act 2009 which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.
*No relevant information, document or thing has been withheld from the full brief because of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence.
*Delete if not applicable
Signature of relevant officer:
Name and position of relevant officer:
Address:
Telephone:
Email address:
Date:
Note
This certificate must be completed by the informant or, if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the full brief and it must be served with the full brief.
Schedule 3—Disclosure certificate—section 110A of the Act
Regulation 27(b)
DISCLOSURE CERTIFICATE
(section 110A of the Criminal Procedure Act 2009)
In the [court] at [venue] Court Ref.:
Acknowledgement
1.I am aware that, as the *informant/*law enforcement officer who prepared the hand-up brief in this matter, I have a duty under the Criminal Procedure Act 2009, and at common law, to disclose to the accused all information, documents or things relevant to the alleged offence. I am aware that this duty is subject to—
(a)any claim of privilege or public interest immunity that has been determined by a court; and
(b)any immunity conferred by statute; and
(c)any relevant statutory prohibition or restriction that has the effect of precluding disclosure to the prosecution or the defence.
*2.[To be included if this certificate is completed by the informant] I am aware of my continuing obligation under the Criminal Procedure Act 2009, and at common law, to disclose to the accused any relevant information, document or thing that comes into my possession or to my notice after service of the hand-up brief.
*3.[To be included if this certificate is completed by the informant and the proceeding is conducted by the DPP] I am aware of my obligation under section 415A of the Criminal Procedure Act 2009 to provide to the DPP any information, document or thing that I possess or have knowledge of, or that the law enforcement agency I represent possesses or has knowledge of, that is relevant to the alleged offence, subject to the provisions in section 415A.
I am aware that this obligation continues to apply to any information, document or thing that I come to possess or have knowledge of, or that the law enforcement agency I represent comes to possess or have knowledge of, after I have first complied with the requirements of section 415A.
4.The information I have given in this certificate is true, to the best of my knowledge and belief, and has been reviewed by a superior officer within the law enforcement agency I represent. [NOTE: A superior officer is a person to whom an organisation has given responsibility for reviewing disclosure certificates. If the informant or law enforcement officer completing this certificate is a member of Victoria Police, a superior officer must be a person who holds a rank senior to the informant or law enforcement officer.]
*Delete if not applicable
Notes
1. See section 110A(3) of the Criminal Procedure Act 2009.
2. See also section 416(2) of the Criminal Procedure Act 2009 which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.
Schedule 1—Relevant material not contained in brief that is subject to a privilege or immunity (section 110A(1)(a)(i) and (ii) of the Criminal Procedure Act 2009)
*Relevant information, or a relevant document or thing, is not contained in the hand-up brief because it is the subject of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute.
This information, document or thing, and the nature of the privilege or immunity to which it is subject, is described in the table below subject to any order of a court.
| Information, document or thing | Nature of privilege or immunity | |
| 1. | [Describe the information, document or thing] | [Describe the privilege or immunity] |
| 2. | ||
| 3. | ||
| 4. | ||
| 5. | ||
| 6. | ||
| 7. |
Notes
1. See also section 416(2) of the Criminal Procedure Act 2009 which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.
2. See section 110A(3) of the Criminal Procedure Act 2009 which provides that in completing a disclosure certificate, the relevant officer is not required to describe any information, document or thing, or the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject, in a way that would prejudice—
(a)a claim of public interest immunity made to the Supreme Court in its inherent jurisdiction that has commenced or that the informant knows will be commenced; or
(b)an application for a non-disclosure order that has commenced or that the informant knows will be commenced.
3. See also section 119(fa) of the Criminal Procedure Act 2009 which requires, subject to any order of a court, the prosecution to describe in the case direction notice certain information not described in a disclosure certificate.
*No relevant information, document or thing has been withheld from the hand-up brief because of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute.
*Delete if not applicable
Schedule 2—Relevant material not contained in brief that is subject to a statutory prohibition or restriction on disclosure (section 110A(1)(a)(iii) of the Criminal Procedure Act 2009)
*Relevant information, or a relevant document or thing, is not contained in the hand-up brief because it is the subject of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence.
This information, document or thing, and the nature of the prohibition or restriction to which it is subject, is described in the table below to the extent permitted by the relevant statute and subject to any order of a court.
| Information, document or thing | Nature of statutory prohibition or restriction | |
| 1. | [Describe the information, document or thing] | [Describe the statutory prohibition or restriction on disclosure including, if permitted, the relevant statute and section] |
| 2. | ||
| 3. | ||
| 4. | ||
| 5. | ||
| 6. | ||
| 7. |
Note
See also section 416(2) of the Criminal Procedure Act 2009 which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.
*No relevant information, document or thing has been withheld from the hand-up brief because of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence.
*Delete if not applicable
Signature of relevant officer:
Name and position of relevant officer:
Address:
Telephone:
Email address:
Date:
Note
This certificate must be completed by the informant or, if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the hand-up brief and it must be served with the hand-up brief.
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Criminal Procedure Regulations 2020, S.R. No. 134/2020 were made on 8 December 2020 by the Governor in Council under section 420 of the Criminal Procedure Act 2009, No. 7/2009 and came into operation on 13 December 2020: regulation 3.
The Criminal Procedure Regulations 2020 will sunset 10 years after the day of making on 8 December 2030 (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).
• 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).
2 Table of Amendments
This publication incorporates amendments made to the Criminal Procedure Regulations 2020 by statutory rules, subordinate instruments and Acts.
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Criminal Procedure Amendment (Disclosure Certificates) Regulations 2022, S.R. No. 57/2022
Date of Making: 26.7.22 Date of Commencement: 1.10.22: reg. 3
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3 Explanatory details
[1] Reg. 4(a): S.R. No. 169/2009 as amended by S.R. Nos 1/2011 and 46/2018.
[2] Reg. 4(b): S.R. No. 1/2011.
[3] Reg. 4(c): S.R. No. 46/2018.
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