District Court Amendment (Summary Criminal Proceedings) Rule 2011 (NSW)

2011 No 608

New South Wales

District Court Amendment (Summary

Criminal Proceedings) Rule 2011

under the

District Court Act 1973

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

District Court Act 1973.

A R Grew

Secretary of the Rule Committee

Explanatory note

The object of this Rule is to amend the District Court Rules 1973 to provide for the commencement of summary criminal proceedings in the District Court and pre-trial procedures in those proceedings.

Published LW 2 December 2011	Page 1
2011 No 608
Clause 1	District Court Amendment (Summary Criminal Proceedings) Rule 2011

District Court Amendment (Summary Criminal

Proceedings) Rule 2011

under the

District Court Act 1973

1      Name of Rule

This Rule is the District Court Amendment (Summary Criminal
Proceedings) Rule 2011.

2      Commencement

This Rule commences on the commencement of the Work Health and Safety Act 2011 and is required to be published on the NSW legislation website.

2011 No 608

District Court Amendment (Summary Criminal Proceedings) Rule 2011

Amendment of District Court Rules 1973	Schedule 1
Schedule 1	Amendment of District Court Rules 1973

Part 53 Criminal procedure rules

Insert at the end of the Part:

Division 3 Summary jurisdiction—applications to the
Court under section 246 of the Criminal
Procedure Act 1986

26      Commencement of proceedings

(1)	Proceedings under section 246 must be commenced in the Court by an application in the approved form for the issue of a summons or for the issue of a warrant for apprehension.
(2)	The summons or warrant for apprehension must be in the approved form and must be lodged with the application.
(3)	A statement of facts in respect of the offence signed by the prosecutor applying for an order under section 246 is to be lodged with the application.
(4)	Where a prosecutor is seeking an order for the apprehension of a person, the application is to be accompanied by an affidavit setting out both the statement of facts and the reasons why a warrant is sought.

27      Service

A summons together with a copy of the statement of facts lodged in accordance with rule 26 (3) is to be served personally on the defendant as soon as practicable.

28      Pre-trial procedures

The judge may, of his or her own motion or on application of a party, make orders and give directions for the just and efficient disposal of the proceedings.