Magistrates' Court Criminal Procedure Amendment (Audio Visual Appearance) Rules 2016 (Vic)

Magistrates' Court Criminal Procedure Amendment (Audio Visual Appearance) Rules 2016

S.R. No. 115/2016

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Rules 88, 92, 93 and 95 revoked

6Form 21 amended

7Form 44 revoked

8Form 45 amended

9Form 46 amended

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Endnotes

STATUTORY RULES 2016

S.R. No. 115/2016

Magistrates' Court Act 1989

Magistrates' Court Criminal Procedure Amendment (Audio Visual Appearance) Rules 2016

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court Criminal Procedure Rules 2009—

(a)to repeal certain provisions and make other amendments consequent to the amendments to the Evidence (Miscellaneous Provisions) Act 1958 made by the Justice Legislation (Evidence and Other Acts) Amendment Act 2016; and

(b)to amend Form 21 (Remand Warrant) of those Rules—

(i)to provide the option of directing an accused at to appear at the next hearing of an adjourned proceeding by audio visual link; and

(ii)to clarify that a person to whom a remand warrant is directed must receive and keep the accused in custody and return the accused to the Magistrates' Court at the time of hearing.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 12 September 2016.

4Principal Rules

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

5Rules 88, 92, 93 and 95 revoked

Rules 88, 92, 93 and 95 of the Principal Rules are revoked.

6Form 21 amended

In Form 21 of the Principal Rules—

(a)after—

"□   The proceeding has been adjourned and the accused is to be brought before the Magistrates' Court at  at 10.00 a.m. on"

insert—

"□ The proceeding has been adjourned and, in accordance with section 42JA of the Evidence (Miscellaneous Provisions) Act 1958, the accused is required to appear before the Magistrates' Court at [venue] on the [date of hearing] via audio visual link at the time of [time of hearing], unless the accused is held in a place without audio visual facilities, in which case the accused is to be brought physically before the Court at that time.";

(b)for—

"You must receive the person named in this warrant into custody and safely keep that person—

(a)for the period specified, or in the circumstances described, in this warrant; or

(b)until that person is otherwise removed or discharged from custody by due course of law."

substitute—

"You must receive the person named in this warrant into custody and safely keep that person—

(a)until the [date of next hearing] when you are to convey the person to the [court location] at the time of [time of hearing]; or

(b)for the period specified, or in the circumstances described, in this warrant; or

(c)until that person is otherwise removed or discharged from custody by due course of law.".

7Form 44 revoked

Form 44 of the Principal Rules is revoked.

8Form 45 amended

In the heading to Form 45 of the Principal Rules, for "UNDER SECTION 42L OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958" substitute "FOR DIRECTION THAT ACCUSED APPEAR PHYSICALLY BEFORE COURT".

9Form 46 amended

(1)In the heading to Form 46 of the Principal Rules, for "UNDER SECTION 42M, 42N OR 42P OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958" substitute "FOR DIRECTION THAT ACCUSED APPEAR BEFORE COURT BY AUDIO VISUAL LINK".

(2)In Form 46 of the Principal Rules, for

"Rules 91, 92, 93" substitute "Rule 91".

(3)In Form 46 of the Principal Rules, for

"Section 42M, 42N or 42P" substitute

"Section 42M".

Dated:    8 September 2016

PETER LAURITSEN,

Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

BARRY BRAUN,

Deputy Chief Magistrate

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Endnotes

[1] Rule 4: S.R. No. 181/2009. Reprint No.1 as at 4 December 2014. Reprinted to S.R. No. 203/2014. Subsequently amended by S.R. Nos 113/2015 and 45/2016.