Magistrates' Court Criminal Procedure Further Amendment Rules 2022 (Vic)

Magistrates' Court Criminal Procedure Further Amendment Rules 2022

S.R. No. 101/2022

table of provisions

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Definitions

6Request for adjournment

7Rules 37, 38 and 39 revoked

8Definition of appropriate court

9Form 32—Case direction notice

═════════════

Endnotes

statutory rules 2022

S.R. No. 101/2022

Magistrates' Court Act 1989

Magistrates' Court Criminal Procedure Further Amendment Rules 2022

The Chief Magistrate together with one or more Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court Criminal Procedure Rules 2019 to make the following amendments as a consequence of amendments made to the Criminal Procedure Act 2009 and the Magistrates' Court Act 1989 by the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 and the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—

(a)to amend the requirements relating to the adjournment of criminal proceedings;

(b)to align the definition of appropriate court with section 110A of the Magistrates' Court Act 1989;

(c)to amend Form 32 to refer to a disclosure certificate served under section 41A or 110A of the Criminal Procedure Act 2009.

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 October 2022.

4Principal Rules

In these Rules, the Magistrates' Court Criminal Procedure Rules 2019[1] are called the Principal Rules.

5Definitions

In Rule 6 of the Principal Rules insert the following definition—

"Electronic Filing Appearance System means the computer system in operation in the Court from time to time which is used to manage court appearances and the adjournment of proceedings;".

6Request for adjournment

(1)For the heading to Rule 36 of the Principal Rules substitute—

"Request for adjournment".

(2)Rule 36(1) of the Principal Rules is revoked.

(3)After Rule 36(2)(d) of the Principal Rules insert—

"(da)state how the adjournment will progress the case; and".

(4)After Rule 36(2) of the Principal Rules insert—

"(2A)An application for adjournment filed by a legal practitioner must be filed electronically using the Electronic Filing Appearance System, unless otherwise directed by the Court.".

(5)Rule 36(4) of the Principal Rules is revoked.

7Rules 37, 38 and 39 revoked

Rules 37, 38 and 39 of the Principal Rules are revoked.

8Definition of appropriate court

In Rule 77 of the Principal Rules, in the definition of appropriate court, in paragraph (b), for "Supreme Court" substitute "Court of Appeal".

9Form 32—Case direction notice

In Form 32 of the Principal Rules, for—

"*9.The accused is *prepared/*not prepared to proceed with the committal hearing while a forensic procedure, examination or test described in the hand‑up brief remains incomplete.

*10.The accused and the DPP or informant seek an adjournment of the committal proceeding."

substitute—

"*9.The prosecution did not describe the following in the disclosure certificate served on the accused under section 41A or 110A of the Criminal Procedure Act 2009—

Information, document or thing	Nature of privilege, immunity, prohibition or restriction
1.	[Describe the information, document or thing (including any detail relating to the information, document or thing) that was not described in the disclosure certificate]	[Describe the privilege, immunity, prohibition or restriction to which the information, document or thing is subject]
2.
3.
4.
5.

*10.The accused is *prepared/*not prepared to proceed with the committal hearing while a forensic procedure, examination or test described in the hand‑up brief remains incomplete.

*11.The accused and the DPP or informant seek an adjournment of the committal proceeding.".

Dated: 29 September 2022

LISA HANNAN,

Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

SUSAN WAKELING,

Deputy Chief Magistrate

TIMOTHY D. BOURKE,

Deputy Chief Magistrate

═════════════

Endnotes

[1] Rule 4: S.R. No. 143/2019 as amended by S.R. Nos 40/2020, 80/2020, 102/2021 and 5/2022.