District Court Act 1973 - District Court Amendment (Pre-trial Disclosure) Rule 2001 (2001-751) [GG No 143 of 21.9.2001, p 7892] (NSW)

2001 No 751

District Court Amendment (Pre-trial New South Wales

Disclosure) Rule 2001

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the

District Court Act 1973 on 23 August 2001.

J G Cowen

Secretary to the Rule Committee

Explanatory note

The object of this Rule is to amend Part 53 of the District Court Rules 1973 to make provision for the manner of, and time for, presenting indictments for the purposes of section 53A and 54 of the Criminal Procedure Act 1986 (as amended by the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001).

Published in Gazette No 143 of 21 September 2001, page 7892	Page 1
[4]
2001 No 751
Rule 1	District Court Amendment (Pre-trial Disclosure) Rule 2001

District Court Amendment (Pre-trial Disclosure)
Rule 2001

1. Name of Rule

   This Rule is the District Court Amendment (Pre-trial Disclosure)

   Rule 2001.

2 Commencement

(1)	Schedule 1 [1] commences on the day on which Schedule 1 [5] to the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 commences.
(2)	Schedule 1 [2] commences on the day on which Schedule 1 [6] to the Criminal Procedure Amendment (Pre-trial Disclosure) Act 2001 commences.

1. Amendment of District Court Rules 1973

   The District Court Rules 1973 are amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Rule.

2001 No 751

District Court Amendment (Pre-trial Disclosure) Rule 2001

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

1. Part 53, rule 10D

   Insert after rule 10C:

10D Manner of presenting indictments

(1) An indictment may be presented by filing a copy of the

indictment with the registrar.

(2) If an indictment is filed with the registrar, a copy of the indictment must be served on each accused person or the accused person’s legal representative within 14 days after the filing of the indictment.

(3)

Without limiting the generality of rule 3, an indictment may be
filed or served by letter or facsimile.

(4)

In this rule, accused person’s legal representative means:

(a)	a solicitor who acts for the accused, or
(b)	if a barrister acts for the accused person uninstructed by a solicitor, the barrister.

1. Part 53, rules 10E and 10F

   Insert before rule 11:

10E Time for presenting indictments

(1) For the purposes of section 54 (3) (a) of the Criminal Procedure Act 1986, the time within which an indictment is to be presented at a relevant proclaimed place is extended to 8 weeks after the committal of the accused person for trial.

(2) In this rule, relevant proclaimed place means a proclaimed place other than Sydney, Sydney West, Newcastle, Wollongong, Gosford, Lismore, Wagga Wagga, Dubbo or Bathurst.

2001 No 751

District Court Amendment (Pre-trial Disclosure) Rule 2001

Schedule 1 Amendments

10F Applications for orders under section 54 (3) (b) of Criminal
Procedure Act 1986

An application for an order under section 54 (3) (b) of the Criminal Procedure Act 1986 to extend the time for filing an indictment:

(a)	must be made before the time for filing the indictment has expired, and
(b)	may be made in Court or by written application to the Court.

BY AUTHORITY