Magistrates' Court (Criminal Procedure) (Amendment) Rules 2007 (Vic)

Magistrates' Court (Criminal Procedure) (Amendment) Rules 2007

S.R. No. 57/2007

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Amendments to Schedule 3

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 57/2007

Magistrates' Court Act 1989

Magistrates' Court (Criminal Procedure) (Amendment) Rules 2007

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

1Object

The object of these Rules is to amend Schedule 3 to the Magistrates' Court (Criminal Procedure) Rules 2006 consequent on the enactment of the Courts Legislation (Jurisdiction) Act 2006.

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 1 July 2007.

4Amendments to Schedule 3

(1)In Schedule 3 to the Magistrates' Court (Criminal Procedure) Rules 2006[1], in Form 9 after—

"I ascertained from [give details]" insert "Before deciding to serve the summons by post I considered whether postal service was the most appropriate method of service in all the circumstances as known to me including the nature and gravity of the alleged offence, whether the defendant has previously been found guilty or convicted of any similar offence, the period of time that has elapsed since the defendant's address for service was ascertained *and [insert details of any other relevant circumstance that was taken into account]".

(2)In Schedule 3 to the Magistrates' Court (Criminal Procedure) Rules 2006, Form 17 is revoked.

Dated:   25 June 2007

IAN L. GRAY,
Chief Magistrate

PAUL SMITH,
Deputy Chief Magistrate

DANIEL J. MULING,
Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 55/2006 as amended by S.R. Nos 72/2006 and 179/2006.