Magistrates' Court Criminal Procedure Rules 2019 (Vic)

Version No. 007

Magistrates' Court Criminal Procedure Rules 2019

S.R. No. 143/2019

Version incorporating amendments as at

13 December 2023

TABLE OF PROVISIONS

Rule  Page

Order 1—Preliminary

1Title and object

2Authorising provisions

3Commencement

4Revocations

5Overriding objective

6Definitions

7Proper officers

8Interpretation and application

9Non-compliance

10Content and form of documents

11Stamping of filed documents

12Procedure under the Vexatious Proceedings Act 2014

Order 2—Criminal procedure

Part 1—Commencing a procedure

13AAElectronic filing of charge-sheet

13Prescribed forms for commencing a criminal proceeding

14Information to be included in process served

15Affidavit of service

16Form of notice to appear and filing

17When the Court directs that a person be prosecuted for contempt

Part 2—Case management and disclosure

18Pre-hearing disclosure notice

19Preliminary brief prescribed notice

20Full brief prescribed notice

Part 3—Applications, orders and notices

21Adjournment of a proceeding by a registrar

22Summary case conference

23Request for contested summary hearing

25Registrar or judicial registrar may dispense with summary case conference requirement

26Witness summons in a criminal proceeding

27Subpoenas relating to confidential communications and protected health information

27ANotice to protected person

28Notice of alibi

29Objection to production and inspection of protected documents and things

30Case abridgement application

31Issuing of certificate to a victim of identity crime

32Caution to be given to person charged

33Certifying payment to Crown witness

34Registration exemption orders

35Application for rehearing

Part 4—Adjournment of criminal proceedings

36Request for adjournment

40Dispensing with compliance

Order 3—Warrants

41Form of a warrant to arrest and issue for non‑appearance of the accused

42Form of a search warrant

43Form of a remand warrant

44Form of a warrant to imprison

45Form of a warrant to imprison for unpaid fines

46Warrant to seize property application

47Execution of warrant to seize property

48Application of Supreme Court rules, practice and procedure

Order 4—Committal proceeding

Part 1—Appearance

49Notice of appearance

50Prosecution to provide relevant contact details

51Legal practitioner ceasing to act

Part 2—Service

52Mode of service

53Copy of document served by electronic communication to be provided upon request

Part 4—Compulsory examination procedure

55Form of application

56Form of notice of order

Part 5—Pre-hearing disclosure

57Notice and list of information or other documents to accompany hand-up brief

58Application to permit accused to be absent from committal hearing

Part 6—Case direction

59Prescribed form of case direction notice

Part 7—Committal mention and case conference

60Notice of committal proceeding

61Application to Court to fix a longer period for the holding of a committal mention hearing

62Committal checklist

63Closing of a committal case conference

Part 8—Committal hearing

64Application for a joint committal

65Caution to be given to person charged

Part 9—Determination of committal proceeding

66Notice of election to stand trial

67Committal caution

68Alibi caution

69Legal aid warning

Part 10—General

70Applications for summary hearing of indictable offences

71Form of application

72Filing of application

73Service of application

74Application for a special mention hearing

75Parties may request registrar to cancel a special mention hearing

76Statements prepared in another jurisdiction

Order 5—Appeals

Part 1—Appeals to the County Court and Supreme Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009

77Definition

78Procedure on appeal from Magistrates' Court to appropriate court

79Recall and cancel process when an application for a stay is granted

80Application for leave following late filing of appeal to the appropriate court

81Application to set aside an order striking out an appeal in the appropriate court

Part 2—Appeals to the Supreme Court under Part 6.2 of Chapter 6 of the Criminal Procedure Act 2009

82Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law

83When the Supreme Court stays a Magistrates' Court order

84When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court

Order 6—Authentication of orders and warrants

85Certified extract of an order

86Particulars of warrants to be entered in the register

87Authentication of warrants

88Authentication of a digital recording

Order 7—Transfer of summary proceedings

89Transfer of related summary proceeding on or after committal to the Supreme Court or County Court

90Transfer of an offence that a magistrate refused to hear and determine summarily

91Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court

Order 8—General

92Last known place of residence or business for the purpose of service

93Issue of some warrants to seize property

94Prescribed person or member of a class of persons who may witness statements

Order 9—Audio visual or audio linking

95Definition

96Application for the physical appearance of an accused under section 42L of the Act

97Application for appearance of an accused by audio visual link under section 42M of the Act

Order 10—Fines

98Definitions

99Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order

100Consideration of application

101Determination of the application

102Enforcement of fines against a natural person

103Enforcement of fines against body corporate

104Summons for warrant to seize property returned unsatisfied

105Declaration of liability of a director for offence of body corporate

Order 11—Procedure under the Open Courts Act 2013

106Definitions

107Notice of application for suppression order

108Notice of application to review suppression order

Form 1—Charge-sheet

Form 2—Continuation of charges

Form 3—Charge-sheet and summons

Form 4—Charge-sheet and summons (corporate accused)

Form 5—Charge-sheet and warrant to arrest

Form 6—Do not ignore this notice

Form 7—Notice to appear

Form 8—Pre-hearing disclosure notice for matters to be determined summarily

Form 9—Pre-hearing disclosure notice for matters to be determined by a committal proceeding

Form 10—Notice accompanying preliminary brief

Form 11—Notice accompanying full brief

Form 11A—Summary case conference form

Form 12—Request for contested summary hearing

Form 13—Witness summons

Form 13A—Notice of intention to apply for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958

Form 13B—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958

Form 14—Notice of alibi

Form 15—Case abridgement application

Form 16—Application—identity crime

Form 17—Identity crime certificate

Form 18—Application for a rehearing

Form 19—Warrant to arrest

Form 20—Search warrant

Form 21—Remand warrant

Form 22—Warrant to imprison

Form 23—Warrant to imprison

Form 24—Warrant to seize property

Form 25—Notice of appearance

Form 25A—Notice that legal practitioner has ceased to act

Form 26—Application for compulsory examination

Form 27—Notice of order

Form 28—Notice of order

Form 29—Notice of committal mention date and hand-up brief

Form 30—List of information or other documents included in hand-up brief

Form 31—Application

Form 32—Case direction notice

Form 33—Notice of committal proceeding

Form 34—Application for the fixing of a longer period for the holding of a committal mention hearing

Form 34A—Committal checklist

Form 36—Application for joint committal

Form 37—Caution to be given to person charged

Form 38—Election to stand trial without a committal proceeding being conducted

Form 39—Committal caution

Form 40—Alibi caution

Form 43—Certified extract

Form 45—Notice of application for direction that accused appear physically before court

Form 46—Notice of application for direction that accused appear before court by audio visual link

Form 47—Application for order to pay a fine by instalments, for time to pay a fine or to vary or cancel an order

Form 48—Application for fine conversion order

Form 48A—Fine conversion order

Form 49—Consent to the making of a fine default unpaid community work order

Form 50—Notice about the procedures for enforcement of fines

Form 51—Notice about the procedure for enforcement of a fine (bodies corporate)

Form 52—Fine default unpaid community work order

Form 53—Summons for failure to pay a fine

Form 54—Application for suppression order

Form 55—Application to review a suppression order

Form 56—Application for registration exemption order

Schedule 1—Revoked statutory rules

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 007

Magistrates' Court Criminal Procedure Rules 2019

S.R. No. 143/2019

Version incorporating amendments as at

13 December 2023

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

ORDER 1—PRELIMINARY

1Title and object

(1)These Rules constitute Chapter III of the Rules of the Magistrates' Court and are titled the Magistrates' Court Criminal Procedure Rules 2019.

(2)The object of these Rules is to provide for practice and procedure in all criminal proceedings in the Magistrates' Court of Victoria.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and section 419 of the Criminal Procedure Act 2009 and all other enabling powers.

3Commencement

These Rules come into operation on 13 December 2019.

4Revocations

The Rules set out in Schedule 1 are revoked.

5Overriding objective

(1)The overriding objective of these Rules is to enable the Court to secure the just and timely determination of every criminal proceeding.

(2)Dealing with a case in a just and timely manner includes, so far as is practicable, the following—

(a)ensuring simplicity in procedure, fairness in administration and the elimination of unnecessary delay;

(b)efficiently determining all the issues in the case;

(c)ensuring an appropriate allocation of the Court's resources, while taking into account the needs of other cases.

(3)The Court, where practicable, must further the overriding objective by actively case managing criminal proceedings to—

(a)promote the early resolution of summary proceedings; and

(b)facilitate accurate and early disclosure of the prosecution case once a proceeding is commenced; and

(c)encourage parties to discuss issues in dispute relating to disclosure and negotiate outcomes; and

(d)decide the order in which the issues are to be resolved; and

(e)fix timetables or otherwise manage the progress of the case; and

(f)make use of technology to further the overriding objective; and

(g)give directions to ensure that the hearing of a case proceeds in a timely and efficient manner.

(4)In exercising any power under these Rules or interpreting any Rule the Court must seek to give effect to the overriding objective.

(5)The parties are required to assist the Court to further the overriding objective and to ensure that cases are dealt with fairly and expeditiously.

(6)For the purposes of paragraph (5) the parties are required to assist the Court to minimise delay between the date of commencement of proceedings and their final determination, other than as required to identify the factual and legal issues genuinely in dispute, and for sentencing purposes.

6Definitions

In these Rules—

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;

endorse means to mark on a file or document the date and venue of the Court;

family violence criminal proceeding means a criminal proceeding for an offence arising out of an act of family violence;

process has the same meaning as it has in section 3(1) of the Magistrates' Court Act 1989;

register means the register of all the orders of theCourt and other matters kept under section 18 of the Magistrates' Court Act 1989;

registrar means a registrar or deputy registrar of the Magistrates' Court;

Roads Corporation has the same meaning as Corporation has in the Road Safety Act 1986;

the Court means the Magistrates' Court of Victoria.

7Proper officers

The proper officers of the Court are—

(a)for the purposes of Part 3B of the Sentencing Act 1991—all registrars and deputy registrars; and

(b)for the purposes of sections 72(4)(b) and 75(4)(b) of the Sentencing Act 1991—all registrars; and

(c)for the purposes of section 83AJ(3) of the Sentencing Act 1991—all registrars; and

(d)for the purposes of section 173(7) of the Serious Offenders Act 2018—all registrars; and

(e)for the purposes of section 175(4) of the Serious Offenders Act 2018—all registrars.

8Interpretation and application

(1)These Rules apply to every criminal proceeding in the Court whether commenced before, on or after the commencement of these Rules, except where otherwise provided by any other Act or regulation or these Rules.

(2)The Court may make any orders necessary to give effect to the operation of these Rules in relation to a proceeding commenced on or before the commencement of these Rules.

(3)In exercising any power under these Rules, the Court may give any direction or impose any terms it thinks fit.

(4)The Court may exercise any power under these Rules—

(a)of its own motion; or

(b)on the application of—

(i)a party; or

(ii)any person having a sufficient interest in the proceeding.

(5)If these Rules do not make provision or sufficient provision for a matter, the Court may give any directions or rulings about the matter that the Court considers appropriate.

9Non-compliance

(1)Non-compliance with a Rule does not invalidate a proceeding, unless the Court directs or orders otherwise.

(2)The Court may dispense with compliance with any of these Rules, either before or after the occasion for compliance arises.

(3)In addition to paragraph (2), the Court may—

(a)set aside all or part of the proceeding; or

(b)make any other order it considers appropriate.

10Content and form of documents

(1)A document other than a form prescribed by these Rules prepared by a party for use in the Court must be prepared in accordance with this Rule.

(2)A document must—

(a)be headed "In the Magistrates' Court of Victoria at" stating the venue of the Court in which the proceeding is to be heard and determined; and

(b)show any identifying number assigned by the Court to the proceeding.

(3)A document must contain on the front sheet—

(a)the title of the proceeding and any identifying number; and

(b)a short description of the document; and

(c)the name of the party on whose behalf it is filed; and

(d)if a legal practitioner prepares the document, the name, address, email address, telephone number, name of the legal practitioner's firm, code reference of the legal practitioner's firm and the legal practitioner's reference; and

(e)if the party on whose behalf the document is filed acts without a legal practitioner, the name, address, email address and telephone number of the party.

(4)The text of a document must be clear, sharp, legible and permanent.

(5)A document must not bear any erasure or alteration that causes material disfigurement.

(6)The Court may require any document in a proceeding to be prepared in any manner it thinks fit.

(7)Dates, amounts and other numbers must be expressed in figures and not in words.

11Stamping of filed documents

Any document filed with the Court shall be stamped by a registrar with the date and venue of the Court.

12Procedure under the Vexatious Proceedings Act 2014

Order 12 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010[1] applies with any necessary modification to, and in relation to, a proceeding to which these Rules relate.

ORDER 2—CRIMINAL PROCEDURE

Part 1—Commencing a procedure

13AA   Electronic filing of charge-sheet

For the purposes of section 6(1)(a) of the Criminal Procedure Act 2009 a charge-sheet may also be filed by email with a registrar.

13Prescribed forms for commencing a criminal proceeding

The prescribed form for—

(a)a charge-sheet is Form 1; and

(b)a continuation of charges is Form 2; and

(c)a charge-sheet and summons is Form 3; and

(d)a charge-sheet and summons (corporate accused) is Form 4; and

(e)a charge-sheet and warrant to arrest is Form 5.

14Information to be included in process served

(1)In a criminal proceeding information in Form 6 must be included with and form part of—

(a)any originating process served on an accused; and

(b)any process served on a witness; and

(c)any witness summons served on a person.

Note

Forms prescribed under Rule 13 are all examples of originating process documents.

(2)Information in Form 6 must be included with and form part of any originating process and any other document served on a person in a proceeding for enforcement of a fine.

(3)Form 6 must be included in and form part of—

(a)any notice to appear; and

(b)any notice accompanying a preliminary brief; and

(c)any notice accompanying a full brief.

(4)The information in Form 6 must be available in—

(a)English; and

(b)Mandarin; and

(c)Punjabi; and

(d)Dari; and

(e)Persian; and

(f)Dinka; and

(g)Arabic; and

(h)Vietnamese; and

(i)Turkish; and

(j)Thai; and

(k)Hindi; and

(l)Swahili; and

(m)Cantonese.

15Affidavit of service

(1)An affidavit of service must be in the first person.

(2)In the case of personal service of a document under section 391 of the Criminal Procedure Act 2009, an affidavit of service of a document must state the following—

(a)who served the document and the person's occupation;

(b)the time, day of the week and date on which it was served;

(c)the place of service;

(d)the manner of identification of the person served.

(3)In any other case of service of a document under sections 392, 393 and 394 of the Criminal Procedure Act 2009 the affidavit of service must state with relevant dates the facts constituting service.

16Form of notice to appear and filing

(1)A notice to appear served under section 21 of the Criminal Procedure Act 2009 must be in Form 7.

(2)A notice to appear is to be filed at the Magistrates' Court venue nominated on the notice with a charge-sheet and affidavit of service or declaration of service for the purposes of section 22 of the Criminal Procedure Act 2009.

17When the Court directs that a person be prosecuted for contempt

When the Court directs that a person be arrested or brought before the Court for contempt under sections 133 and 134 of the Magistrates' Court Act 1989 the Court is to inform the accused of the contempt by providing the charge-sheet to the accused.

Part 2—Case management and disclosure

18Pre-hearing disclosure notice

(1)A summons to answer to a charge or a warrant to arrest issued under section 12 or 14 of the Criminal Procedure Act 2009 must be accompanied by a notice in the form of—

(a)Form 8 if the charge is—

(i)an indictable offence that may be determined summarily and a committal proceeding has not been requested; or

(ii)a summary offence; or

(b)Form 9 if the charge is an indictable offence that may not be heard and determined summarily or the charge-sheet contains a request for a committal proceeding.

(2)If a notice to appear was served and a charge-sheet filed with the Court, a notice in Form 8 must accompany a preliminary brief or full brief.

19Preliminary brief prescribed notice

(1)For the purposes of section 37(1)(b) of the Criminal Procedure Act 2009 the prescribed form of notice to be included in the preliminary brief is the notice in Form 10.

(2)When serving a preliminary brief in accordance with section 24 of the Criminal Procedure Act 2009, an informant shall provide the accused a copy of the notice to appear served.

20Full brief prescribed notice

For the purposes of section 41(1)(a) of the Criminal Procedure Act 2009 the prescribed form of notice to be included in the full brief is the notice in Form 11.

Part 3—Applications, orders and notices

21Adjournment of a proceeding by a registrar

When an accused makes an application to a registrar to adjourn a proceeding under section 20 of the Criminal Procedure Act 2009 the registrar may refer the matter to a magistrate for determination.

22Summary case conference

(1)A summary case conference may be conducted by the parties before any mention hearing.

(2)A summary case conference may be conducted—

(a)in person; or

(b)by telephone; or

(c)other means of communication.

(3)At a summary case conference the parties must use their best endeavours to resolve any issue in dispute.

(4)The parties to a summary case conference may jointly request a matter to be listed for contest mention, further mention or sentencing indication.

(5)A request under paragraph (4) must—

(a)be in Form 11A; and

(b)be filed with the registrar.

23Request for contested summary hearing

A request for a matter to be listed for a contested summary hearing shall be in Form 12 and filed with the registrar.

25Registrar or judicial registrar may dispense with summary case conference requirement

The Court constituted by a registrar or judicial registrar may dispense with the requirement to conduct a summary case conference where an accused is not legally represented under section 54(5) of the Criminal Procedure Act 2009.

26Witness summons in a criminal proceeding

(1)For the purposes of section 43 of the Magistrates' Court Act 1989, a witness summons must be in Form 13.

(2)A witness summons to give evidence or to give evidence and produce documents or things must be directed to one person.

(3)Where a witness summons relates to a corporate accused it may be directed to one or more persons.

27Subpoenas relating to confidential communications and protected health information

(1)For the purposes of section 32CC(1) of the Evidence (Miscellaneous Provisions) Act 1958, notice of an intention to apply for leave under section 32C(1) of that Act must be in Form 13A.

(2)If an application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 is in respect of a summary contested hearing—

(a)the application must be heard at least 4 weeks before the contested hearing unless the Court fixes a shorter period between the application and the contested hearing; and

(b)the party applying for leave must serve the application not less than 14 days before the hearing date of the application unless directed otherwise by the Court.

(3)If leave is granted under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 the witness summons is, where possible, to be made returnable before the magistrate who granted leave.

27ANotice to protected person

For the purposes of section 32CD(3)(b) of the Evidence (Miscellaneous Provisions) Act 1958, a notice under section 32CD(1) of that Act must be in Form 13B.

28Notice of alibi

For the purposes of section 51(5) of the Criminal Procedure Act 2009 a notice of alibi is to be in Form 14.

29Objection to production and inspection of protected documents and things

(1)When a protected person produces any sealed document or other thing in answer to a subpoena in accordance with section 48 of the Independent Broad-based Anti-corruption Commission Act 2011 a registrar must acknowledge receipt by signing the record provided.

(2)Where a protected person gives notice of an objection to the production of any document or other thing under section 48(2) of the Independent Broad-based Anti-corruption Commission Act 2011 and applies to the Court for the determination of the application, the matter will be listed for a directions hearing.

30Case abridgement application

(1)An application to abridge a court hearing date under section 331(3) of the Criminal Procedure Act 2009 must be in Form 15.

(2)The applicant must file the application referred to in paragraph (1) with the Court and notify the respondent of the application.

31Issuing of certificate to a victim of identity crime

(1)An application for an identity crime certificate under section 89F of the Sentencing Act 1991 must be in Form 16.

(2)The prescribed form of an identity crime certificate under section 89F of the Sentencing Act 1991 is Form 17.

32Caution to be given to person charged

For the purposes of section 68(1) of the Criminal Procedure Act 2009, the caution set out in Form 37 may be used by the Court.

33Certifying payment to Crown witness

A registrar or a deputy registrar may certify a payment of allowances and expenses to a Crown witness.

34Registration exemption orders

(1)An application under section 11A of the Act must be in Form 56.

(2)For the purposes of section 11D(1)(b) of the Act, the prescribed information is the information set out in Form 56.

(3)An application under section 11A of the Act must be accompanied by an affidavit stating—

(a)the age of the applicant during the commission of the specified offence to which the application relates; and

(b)the date on which the applicant first received notice of the applicant's reporting obligations; and

(c)whether the applicant is—

(i)a registrable offender for any other registrable offence in Victoria; or

(ii)a corresponding registrable offender; or

(iii)a New South Wales registrable offender; and

(d)to the best of the applicant's own knowledge—

(i)the age of any victim of the specified offence to which the application relates at the time of the commission of the specified offence; and

(ii)the age of any victim depicted or described in any material to which the specified offence relates; and

(iii)whether the specified offence was committed against more than one victim.

(4)An application under section 11A of the Act must also be accompanied by a copy of the registration order if the application relates to a specified offence for which the applicant was sentenced by a court in a foreign jurisdiction.

(5)In this Rule—

corresponding registrable offender has the same meaning as in the Act;

foreign jurisdiction has the same meaning as in the Act;

New South Wales registrable offender has the same meaning as in the Act;

registrable offence has the same meaning as in the Act;

registrable offender has the same meaning as in the Act;

reporting obligations has the same meaning as in the Act;

the Actmeans the Sex Offenders Registration Act 2004.

35Application for rehearing

An application for a rehearing under section 88 of the Criminal Procedure Act 2009 must be in Form 18.

Part 4—Adjournment of criminal proceedings

36Request for adjournment

*                *                *                *                *

(2)A written application for an adjournment must—

(a)state the current status of the case; and

(b)state whether the brief has been received; and

(c)state whether a case conference has been held and, if so, the outcome; and

(d)state whether the accused is legally represented; and

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

(e)include any other relevant information.

(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.

(3)An unrepresented accused who wishes to apply for an adjournment must contact the Court to apply for the adjournment.

*                *                *                *                *

*                *                *                *                *

40Dispensing with compliance

The Court may dispense with compliance with any of the requirements of this Part either before or after the occasion for compliance arises.

ORDER 3—WARRANTS

41Form of a warrant to arrest and issue for non‑appearance of the accused

A warrant to arrest issued under section 61 of the Magistrates' Court Act 1989 or under the Criminal Procedure Act 2009 must be in Form 19.

42Form of a search warrant

A search warrant issued under section 75 of the Magistrates' Court Act 1989 must be in Form 20.

43Form of a remand warrant

A remand warrant issued under section 79 of the Magistrates' Court Act 1989 must be in Form 21.

44Form of a warrant to imprison

A warrant to imprison issued under section 68(a) or section 68(c) of the Magistrates' Court Act 1989 must be in Form 22.

45Form of a warrant to imprison for unpaid fines

A warrant to imprison issued under section 68(b) of the Magistrates' Court Act 1989 must be in Form 23.

46Warrant to seize property application

A warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding must be in Form 24.

47Execution of warrant to seize property

(1)Money or bank notes belonging to a person named or described in a warrant may be seized under a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding but need not be sold.

(2)Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the person named or described in the warrant may be seized under a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding and may be held as security for money due under an order or the unsatisfied part of an order.

(3)For the purposes of property held as security for money under paragraph (2), when payment becomes due, the person to whom the warrant is directed—

(a)may demand and receive payment of the money; and

(b)may sue in any proper court in the name of the defendant or in the name of any person in whose name the person named or described in the warrant might have sued for the recovery of the money secured or payable.

48Application of Supreme Court rules, practice and procedure

Subject to this Order, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with any necessary modification, to the execution of warrants to seize property issued for the enforcement of an order made by the Court in a criminal proceeding.

ORDER 4—COMMITTAL PROCEEDING

Part 1—Appearance

49Notice of appearance

(1)A legal practitioner who represents an accused in a committal proceeding must file with the Court and serve on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding a notice of appearance in Form 25.

(2)The filing and service of a notice of appearance required by paragraph (1) must take place as soon as practicable after a legal practitioner has received instructions to represent the accused.

50Prosecution to provide relevant contact details

(1)Within 7 days after receipt of a notice of appearance, the DPP or the other person or body authorised at law to prosecute in the committal proceeding must advise the legal practitioner of the following relevant contact details—

(a)the name and address of the prosecutor handling the matter;

(b)the email address or address of usual business for the service of documents on the DPP or the other person or body authorised at law to prosecute in the committal proceeding;

(c)the email address or address of usual business for the service of documents on the informant.

(2)If 21 days before the committal mention date the DPP or other person or body authorised at law to prosecute in the committal proceeding has not received a notice of appearance, the DPP or the other person or body must advise the Court of their relevant contact details.

51Legal practitioner ceasing to act

If a legal practitioner ceases to act for a party in a committal proceeding, the legal practitioner must as soon as possible—

(a)file a notice in the Court that the legal practitioner has ceased to act in Form 25A; and

(b)serve a copy of the notice on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding.

Part 2—Service

52Mode of service

In a committal proceeding, service of a document by a party may be effected on an accused by electronic communication to the accused's legal practitioner as specified in the notice of appearance.

Notes

See section 391 of the Criminal Procedure Act 2009 for service of documents on the accused.

See section 392 of the Criminal Procedure Act 2009 for service of documents on the informant or DPP.

53Copy of document served by electronic communication to be provided upon request

The original document (if a copy of a document was served by electronic communication) must be retained by the party serving the document and must be provided to the Court if the Court so requests.

Part 4—Compulsory examination procedure

55Form of application

An application under section 103 of the Criminal Procedure Act 2009 for a person to attend before the Court for the purpose of being examined by or on behalf of the informant or producing a document or thing or both must be in Form 26.

56Form of notice of order

For the purposes of section 105 of the Criminal Procedure Act 2009, notice of an order requiring a person to attend before the Court must be—

(a)in Form 27, if it is to be served on the accused; or

(b)in Form 28, if it is to be served on the person to whom the order relates.

Part 5—Pre-hearing disclosure

57Notice and list of information or other documents to accompany hand-up brief

(1)For the purposes of section 110(a) of the Criminal Procedure Act 2009 the prescribed form of notice is Form 29.

(2)A list of information or other documents contained in a hand-up brief under section 110 of the Criminal Procedure Act 2009 must be in Form 30.

58Application to permit accused to be absent from committal hearing

(1)An application for an accused to be absent from a committal hearing under section 135(1) of the Criminal Procedure Act 2009 must be in Form 31.

(2)An application under paragraph (1) must be made 7 days before the first day of absence from the committal hearing, unless otherwise directed by the Court.

Part 6—Case direction

59Prescribed form of case direction notice

For the purposes of section 119(a) of the Criminal Procedure Act 2009, the prescribed form of a case direction notice is Form 32.

Part 7—Committal mention and case conference

60Notice of committal proceeding

On the conclusion of the filing hearing, the registrar must provide the accused with a notice in Form 33.

61Application to Court to fix a longer period for the holding of a committal mention hearing

If the Court has fixed a committal mention date, an application under section 126 of the Criminal Procedure Act 2009 for the Court to fix a longer period for the holding of a committal mention hearing must be in Form 34.

62Committal checklist

If, at a committal mention hearing, the parties to a matter request that it be listed for committal hearing, the parties must provide the Court with a committal checklist in Form 34A at the committal mention hearing.

63Closing of a committal case conference

(1)If the Court directs the parties to attend a committal case conference, the legal practitioners representing the informant and the accused must attend the conference.

(2)The purpose of the committal case conference is to assist the effective management of the committal proceeding and timely resolution of issues.

(3)The Court may order, pursuant to section 125 of the Magistrates' Court Act 1989, that the whole or any part of the committal case conference be heard in closed court, if it is satisfied that this is necessary to achieve the purpose set out in paragraph (2).

Part 8—Committal hearing

64Application for a joint committal

(1)An application for a joint committal under section 25(4) of the Magistrates' Court Act 1989 must be in Form 36.

(2)The registrar of the Court must notify the Children's Court of any application for a joint committal.

(3)The registrar of the Court must provide a copy of an order made by the Court for a joint committal to the registrar of the Children's Court.

65Caution to be given to person charged

For the purposes of section 141(2) of the Criminal Procedure Act2009, the caution set out in Form 37 may be used by the Court.

Part 9—Determination of committal proceeding

66Notice of election to stand trial

Where an accused elects to stand trial without a committal proceeding under section 143 of the Criminal Procedure Act 2009, a notice in Form 38 must be filed with the Court.

67Committal caution

For the purposes of section 144(2)(b)(iii) of the Criminal Procedure Act 2009, the Court may inform the accused by using the manner of caution set out in Form 39.

68Alibi caution

For the purposes of section 144(2)(b)(i) of the Criminal Procedure Act 2009, the Court may inform the accused of the provisions of section 190 of the Criminal Procedure Act 2009 by using the manner of caution set out in Form 40.

69Legal aid warning

For the purposes of section 144(2)(a) of the Criminal Procedure Act 2009, the following caution or a caution to the same effect must be read to the accused—

"I am required to inform you of the importance of obtaining legal representation for the trial and that if you wish to be legally aided, it is your responsibility to make an application to Victoria Legal Aid as soon as possible.".

Part 10—General

70Applications for summary hearing of indictable offences

(1)An application for a summary hearing of an indictable offence listed for a committal hearing must be in writing, filed with the Court and served on the informant, unless the Court otherwise directs.

(2)If the application for a summary hearing is granted by a magistrate in relation to the hearing of an indictable offence, so far as practicable, the matter will thereafter proceed before that magistrate.

71Form of application

Unless otherwise provided by these Rules or by or under any Act, an application in a committal proceeding must be in Form 31.

72Filing of application

Unless otherwise provided by these Rules or by or under any Act, an application is made by filing the application with the registrar.

73Service of application

The applicant must serve a copy of an application on every person to whom notice of the application is to be given within a reasonable time before the hearing of the application.

74Application for a special mention hearing

(1)A party may apply to the Court for a special mention hearing.

(2)An application must—

(a)set out the purpose of the application for the special mention hearing; and

(b)be in Form 31.

(3)The Court may of its own motion conduct a special mention hearing to adequately control and oversee the progress of the committal proceeding.

75Parties may request registrar to cancel a special mention hearing

(1)If the parties agree that a special mention hearing should be cancelled, the parties may request the registrar cancel the special mention hearing.

(2)When the registrar is satisfied that there is no need for a special mention hearing, the registrar may cancel the special mention hearing.

(3)A request must be made before the date of the special mention hearing.

76Statements prepared in another jurisdiction

For the purposes of section 112(1)(c) of the Criminal Procedure Act 2009, a statement made in another jurisdiction of Australia is in the prescribed form and is attested to in the prescribed manner if it has been made and attested to in accordance with the law for making and attesting statements in committal proceedings in that other jurisdiction.

ORDER 5—APPEALS

Part 1—Appeals to the County Court and Supreme Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009

77Definition

In this Part—

appropriate court, in respect of an appeal under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009, means—

(a)the County Court; or

(b)the Court of Appeal, if the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder.

78Procedure on appeal from Magistrates' Court to appropriate court

(1)The registrar must record in the register the filing of a notice of appeal under section 255, 258 or 261 of the Criminal Procedure Act 2009.

(2)When a notice of appeal is filed the registrar must contact the appropriate court to obtain a date of hearing for the appeal.

(3)The registrar must recall and cancel any process in relation to the sentence to which the appeal relates, subject to section 29 of the Road Safety Act 1986.

(4)If bail pending appeal is granted under section 265 of the Criminal Procedure Act 2009 the registrar must recall and cancel any process in relation to a custodial sentence to which the appeal relates.

(5)The registrar must forward the following to the appropriate court when a notice of appeal is filed—

(a)a copy of the notice of appeal filed;

(b)the charge-sheet;

(c)the undertaking of bail by the appellant and surety, if any;

(d)the affidavit of justification or declaration of justification made by the surety for bail, if any;

(e)the certified extract of the Court order;

(f)the exhibit sheet and witness cost sheet;

(g)the address and telephone number of the Court where the sentence or conviction was made.

(6)A copy of the charge-sheet, undertaking of bail, affidavit of justification or declaration of justification made by the surety for bail, exhibit sheet, witness cost sheet and the digital recording of the proceeding that imposed the sentence must be retained by the registrar in a Court file.

(7)The registrar must forward a copy of the notice of appeal, certified extracts of the Court order, and the notification of appeal to the DPP when an appeal is commenced under section 255 of the Criminal Procedure Act 2009.

Note

Refer to the County Court Rules or the Supreme Court Rules for prescribed forms relating to appeals and how an appeal may be abandoned.

79Recall and cancel process when an application for a stay is granted

(1)If the Court grants an application for a stay under section 29(2) of the Road Safety Act 1986 the registrar must notify the Roads Corporation and the appropriate court.

(2)The registrar must recall and cancel any process in relation to the sentence to which the stay was ordered.

80Application for leave following late filing of appeal to the appropriate court

(1)When a notice of appeal is filed more than 28 days after the day on which the sentence of the Court was imposed the registrar must record in the register that an application for leave to appeal has been made under section 263 of the Criminal Procedure Act 2009.

(2)When an application for leave to appeal is recorded under paragraph (1) the registrar must recall and cancel any process issued to give effect to a sentence that is the subject of the appeal.

Note

A stay of sentence applies to an application for leave to appeal as if it were an appeal, see sections 3 and 264 of the Criminal Procedure Act 2009.

81Application to set aside an order striking out an appeal in the appropriate court

The registrar must record in the register that an application to the appropriate court to set aside an order striking out an appeal under section 267(3) of the Criminal Procedure Act 2009 has been granted when notified by the appropriate court.

Part 2—Appeals to the Supreme Court under Part 6.2 of Chapter 6 of the Criminal Procedure Act 2009

82Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law

The registrar must record in the register when a copy of the notice of appeal filed in the Supreme Court is delivered to the registrar.

83When the Supreme Court stays a Magistrates' Court order

(1)When informed that the Supreme Court has ordered a stay of an order made by the Magistrates' Court under section 272(11) of the Criminal Procedure Act 2009 the registrar must recall any process issued to give effect to that order.

(2)If the Supreme Court has ordered a stay of the operation of an order under section 29(2) of the Road Safety Act 1986, the registrar must notify the Roads Corporation.

84When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court

When informed that the Supreme Court has made an order under section 272 of the Criminal Procedure Act 2009 remitting to the Court a case for rehearing, the registrar must re-list the matter before the Court.

ORDER 6—AUTHENTICATION OF ORDERS AND WARRANTS

85Certified extract of an order

A certified extract of an order of the Court issued under section 18(5) of the Magistrates' Court Act 1989 must be in Form 43.

86Particulars of warrants to be entered in the register

For the purposes of section 57(2) of the Magistrates' Court Act 1989, the following particulars are prescribed—

(a)the type of warrant issued;

(b)the date of issue of warrant;

(c)in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine—

(i)the sum in respect of which the warrant is issued; and

(ii)the person to whom the warrant is directed for execution;

(d)the name of the person issuing the warrant.

87Authentication of warrants

For the purposes of section 57(9) of the Magistrates' Court Act 1989, the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy—

(a)the person's name; and

(b)the date of issue of the warrant.

88Authentication of a digital recording

(1)When a request is made under section 65(6) of the Evidence Act 2008 to produce a digital recording of a representation made in the Court a registrar must file a written request for consideration by the Chief Magistrate.

(2)If a request is approved by the Chief Magistrate, the registrar must authenticate the digital recording by endorsing it with the Magistrates' Court case file number and date of the evidence.

ORDER 7—TRANSFER OF SUMMARY PROCEEDINGS

89Transfer of related summary proceeding on or after committal to the Supreme Court or County Court

The registrar must forward the following for a transfer of a related summary offence under section 145 of the Criminal Procedure Act 2009 to the Supreme Court or County Court, as the case requires—

(a)the Magistrates' Court case file number;

(b)the original charge-sheet;

(c)the address and telephone number of the Court where the proceeding for the summary offence was commenced;

(d)if the accused has been admitted to bail, the undertaking, and a surety's affidavit of justification or declaration of justification.

90Transfer of an offence that a magistrate refused to hear and determine summarily

The registrar must notify the County Court or Supreme Court of any order of a magistrate that a charge is not appropriate to be heard and determined summarily for the purposes of a transfer under section 168 of the Criminal Procedure Act 2009.

91Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court

(1)When notified of an order to transfer a summary offence that is not a related summary offence to the Supreme Court or County Court under section 243 of the Criminal Procedure Act 2009 the registrar must forward the following to the relevant court—

(a)the Magistrates' Court case file number;

(b)the original charge-sheet;

(c)the address and telephone number of the Court where the proceeding for the summary offence was commenced;

(d)where the accused has been admitted to bail, the undertaking, and a surety's affidavit of justification or declaration of justification.

(2)The registrar must record in the register when a summary offence that is not a related summary offence has been transferred under section 243 of the Criminal Procedure Act 2009.

ORDER 8—GENERAL

92Last known place of residence or business for the purpose of service

For the purposes of section 394(1)(a) of the Criminal Procedure Act 2009, the last known place of residence or business of an accused is to be ascertained as follows—

(a)the address given by the accused during the investigation of the offence;

(b)the address of the accused appearing on any valid licence, registration or authority held by the accused and issued under any other Act under which the accused is to be charged;

(c)if the alleged offence arises out of the driving or use of a motor vehicle, the address of the accused appearing on—

(i)the driver licence produced by the accused at the time of or during the investigation of the offence; or

(ii)the certificate of registration of the motor vehicle issued under the Road Safety Act 1986 or under any corresponding Act or law of any other State or a Territory;

(d)if the alleged offence arises out of the use of a vessel within the meaning of the Marine (Drug, Alcohol and Pollution Control) Act 1988, the address of the accused appearing on the certificate of registration of the vessel as prescribed under the Marine Safety Act 2010 or under any corresponding Act or law of any other State or a Territory.

93Issue of some warrants to seize property

For the purposes of section 73(3AA)(f) of the Magistrates' Court Act 1989 the prescribed particulars are—

(a)the direction of the warrant to the sheriff; and

(b)the sum in respect of which the warrant is issued.

94Prescribed person or member of a class of persons who may witness statements

For the purposes of item 30 of Schedule 3 to the Criminal Procedure Act 2009, the following person, or member of a class of persons, who may witness statements in a preliminary brief, full brief or hand-up brief is—

(a)an officer at Australian Public Service Level 5 or higher who is an investigator in the Commonwealth Department of the Environment and Energy;

(b)a person employed by the Registry of Births, Deaths and Marriages at the Victorian Public Service Grade 5 or higher with the delegated authority of the Registrar under the Births, Deaths and Marriages Registration Act 1996;

(c)an officer of a Commonwealth Government department or agency at or equivalent to Australian Public Service Level 5 or higher who has an investigatory role or function;

(d)an authorised officer appointed by a Council under section 224 of the Local Government Act 1989.

Note

Refer to Schedule 3 to the Criminal Procedure Act 2009 for other persons who may witness statements in a preliminary brief, full brief or hand-up brief.

ORDER 9—AUDIO VISUAL OR AUDIO LINKING

95Definition

In this Order—

the Act means the Evidence (Miscellaneous Provisions) Act 1958.

96Application for the physical appearance of an accused under section 42L of the Act

Unless an application is made in accordance with section 42L(5) of the Act—

(a)notice of an application under section 42L of the Act must be in Form 45; and

(b)a copy of the notice must be served as soon as practicable after the notice has been filed; and

(c)service may be by pre-paid post.

97Application for appearance of an accused by audio visual link under section 42M of the Act

Unless an application is made in accordance with section 42M(5) of the Act—

(a)notice of an application under section 42M of the Act must be in Form 46; and

(b)a copy of the notice must be served as soon as practicable after the notice has been filed; and

(c)service may be by pre-paid post.

ORDER 10—FINES

98Definitions

In this Order—

declared director has the same meaning as in the Fines Reform Act 2014, and includes a director of a body corporate who was the subject of a declaration under section 91 of the Infringements Act 2006 immediately before the repeal of Part 6 of that Act by section 240 of the Fines Reform Act 2014;

offender means a person on whom the Court has imposed a fine;

person in default means a person who has failed to pay a fine or an instalment order and includes a declared director;

Regional Manager has the same meaning as it has in section 3(1) of the Sentencing Act 1991.

99Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order

An application under section 57, 60, 61 or 65 of the Sentencing Act 1991 by an offender must be made by—

(a)making an oral application to the proper officer during normal business hours and, in the case of an application under section 65 of that Act, filing a completed Form 48 with the proper officer; or

(b)sending, in the case of an application under section 57, 60 or 61 of that Act, a completed Form 47 if the offender—

(i)is resident outside Victoria; or

(ii)is held in a prison, police gaol or youth justice centre; or

(iii)is unable to attend personally because of illness, infirmity or distance from the Court; or

(c)post to the proper officer, in the case of an application under section 65 of that Act, a completed Form 48.

100Consideration of application

(1)The proper officer must consider an application under section 57, 60, 61 or 65 of the Sentencing Act 1991 as soon as practicable.

(2)In considering an application the proper officer may—

(a)question the offender about the offender's financial circumstances; and

(b)require the offender to produce any document concerning the offender's financial circumstances that is reasonably accessible to the offender.

(3)The proper officer may—

(a)adjourn an application for a total period not exceeding 28 days from the day on which the application is considered by the proper officer; and

(b)stay execution of the fine during the adjournment.

101Determination of the application

(1)An order made under section 59 of the Sentencing Act 1991 for time to pay a fine must include the date by which the fine is to be paid.

(2)An instalment order or variation of an instalment order made under section 56 or 63 of the Sentencing Act 1991 must include—

(a)the total amount to be paid; and

(b)the amount of each instalment; and

(c)the date on which each instalment must be paid.

(3)A fine conversion order under section 64 of the SentencingAct 1991 must be in Form 48A.

(4)The proper officer must cause a copy of the order to be delivered to the applicant personally or by post without delay.

102Enforcement of fines against a natural person

(1)A consent under section 69H(2)(a) of the Sentencing Act 1991 to the making of a fine default unpaid community work order must

be in Form 49.

(2)The statement in writing required by section 69C(3) of the Sentencing Act 1991 must be in Form 50.

(3)A fine default unpaid community work order under section 69D(2), 69H(2)(a) or 69M(4) of the Sentencing Act 1991 must be in Form 52.

103Enforcement of fines against body corporate

A statement in writing required by section 69Y(3) of the Sentencing Act 1991 to be delivered by the person making a demand for payment to a body corporate in default—

(a)must be in Form 51; and

(b)may be served by leaving it at the registered office of the body corporate.

104Summons for warrant to seize property returned unsatisfied

(1)The form of a summons issued under section 69M(1) of the Sentencing Act 1991 is Form 53.

(2)A summons under section 69M(1) of the Sentencing Act 1991 may be issued by a registrar of the Court under the direction of a magistrate.

(3)If the last known address of the person in default is within Victoria, a summons issued under paragraph (2) may be served by post directed to that address.

(4)A person in default may be released from custody without being taken before the Court, if the person—

(a)has been taken into custody in accordance with a warrant to arrest issued under section 69M of the Sentencing Act 1991; and

(b)the outstanding amount of the fine specified in the warrant is paid.

105Declaration of liability of a director for offence of body corporate

The informant or police prosecutor must give notice of an application for a declaration under section 55(1) of the Sentencing Act 1991 to any person who was a director of the body corporate at the time of the commission of the offence by—

(a)not less than 14 days before the date of hearing of the application, posting a true copy of the application addressed to the director at the director's last known place of residence or business; or

(b)not less than 5 days before the date of hearing of the application—

(i)delivering to the director personally a true copy of the application; or

(ii)leaving a true copy of the application for the director at the director's last known place of residence or business with a person who apparently resides or works there and who is apparently not less than 16 years old.

ORDER 11—PROCEDURE UNDER THE OPEN COURTS ACT 2013

106Definitions

(1)In this Order—

the Act means the Open Courts Act 2013.

(2)An expression used in the Open Courts Act 2013 has the same meaning in this Order as it has in that Act.

107Notice of application for suppression order

(1)A notice of the making of an application under section 10 of the Act for a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 54.

(2)A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.

108Notice of application to review suppression order

(1)A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 55.

(2)A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.

FORM 1—CHARGE-SHEET

Rule 13(a)

CHARGE-SHEET

Date of hearing:

Details of accused

Name:

Gender:

Date of birth:

Mobile phone number:

Email address:

Registration number of vehicle:               State registered:

Driver licence number:  State issued:

To the accused:

You have been charged with an offence.

Read these pages to see what you must do.

Details of the charge against you

1.   What is the charge?

[Description of offence]

Act or	Section or Clause
Under what law?	o State	o Act	Regulation No.	(Full Ref.)
o Commonwealth	o Regulation
o Other— specify
Is this an infringement offence?	o Yes—see below	o No
o Enforcement review	o Enforcement review—special circumstances
o Infringements Act 2006 section 40	o Other—specify
Are there more charges?	o No	o Yes—see 2 below
Type of offence	o Summary offence		o Indictable offence
Request for committal proceeding	o No		o Yes

2.   What is the charge?

(Description of offence)

Act or	Section or Clause
Under what law?	o State	o Act	Regulation No.	(Full Ref.)
o Commonwealth	o Regulation
o Other—specify
Is this an infringement offence?	o Yes—see below	o No
o Enforcement review	o Enforcement review—special circumstances
o Infringements Act 2006 section 40	o Other—specify
Are there more charges?	o No	o Yes—see "Continuation of Charges" attached
Type of offence	o Summary offence		o Indictable offence
Request for committal proceeding	o No		o Yes

Who filed the charge-sheet(s)?

Name of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of informant:

Date:

Filed at:

Date:

FORM 2—CONTINUATION OF CHARGES

Rule 13(b)

CONTINUATION OF CHARGES

Page No.

Person charged:

[Description of offence]

Act or	Section or Clause
o State	o Act	Regulation No.	(Full Ref.)
o Commonwealth	o Regulation
o Other—specify
o Summary offence		o Indictable offence
Request for committal proceeding	o No		o Yes

[Description of offence]

Act or		Section or Clause
o State	o Act	Regulation No.		(Full Ref.)
o Commonwealth	o Regulation
o Other—specify
o Summary offence		o Indictable offence
Request for committal proceeding	o No			o Yes
Is this an infringement offence?	o Yes—see below		o No
o Enforcement review		o Enforcement review—special circumstances
o Infringements Act 2006 section 40		o Other—specify

Are there more charge(s)? o No        o Yes—see page No.

Signature of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of Registrar:

Date:

Filed at:

Date:

FORM 3—CHARGE-SHEET AND SUMMONS

Rule 13(c)

CHARGE-SHEET AND SUMMONS

Details of accused

Name:

Gender:

Date of birth:

Mobile phone number:

Email address:

Registration number of vehicle:               State registered:

Driver licence number:  State issued:

To the accused:

You have been charged with an offence.

Read these pages to see what you must do.

Details of the charge against you

What is the charge?

[Description of offence]

Act or	Section or Clause
Under what law?	o State	o Act	Regulation No.	(Full Ref.)
o Commonwealth	o Regulation
o Other—specify
Is this an infringement offence?	o Yes—see below	o No
o Enforcement review	o Enforcement review—special circumstances
o Infringements Act 2006 section 40	o Other—specify
Date of service by the Director, Fines Victoria
Are there more charges?	o No	o Yes—see "Continuation of Charges" attached
Type of offence	o Summary offence		o Indictable offence
Request for committal proceeding	o No		o Yes

Who filed the charge-sheet(s)?

Name of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of informant:

Date:

Filed at:

Date:

Where will the case be heard?

The Magistrates' Court at [venue]

Address  Telephone

When             Time             Day             Month             Year

Details about this summons

Issued at:

Date:

Registrar:

Magistrate:

Police officer:

Prescribed person:

FORM 4—CHARGE-SHEET AND SUMMONS
(CORPORATE ACCUSED)

Rule 13(d)

CHARGE-SHEET AND SUMMONS

(CORPORATE ACCUSED)

Details of corporate accused

Name of corporate accused:

Mobile phone number:

Email address:

Registration number of vehicle:               State registered:

Driver licence number:  State issued:

To the corporate accused:

You have been charged with an offence.

Read these pages to see what you must do.

Details of the charge against you

What is the charge?

[Description of offence]

If you do not appear in answer to a summons and the charge is an indictable offence that may be determined summarily the Magistrates' Court may hear and determine the charge in your absence.

If you do not appear in answer to a summons for an indictable offence the Magistrates' Court may conduct a committal proceeding in your absence.

Act or	Section or Clause
Under what law?	o State	o Act	Regulation No.	(Full Ref.)
o Common-wealth	o Regulation
o Other—specify
Is this an infringement offence?	o Yes—see below	o No
o Enforcement review	o Enforcement review—special circumstances
o Infringements Act 2006 section 40	o Other—specify
Are there more charges?	o No	o Yes—see "Continuation of Charges" attached
Type of offence	o Summary offence		o Indictable offence
Request for committal proceeding	o No		o Yes

Who filed the charge-sheet(s)?

Name of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of informant:

Date:

Filed at:

Date:

Where will the case be heard?

The Magistrates' Court at [venue]

Address  Telephone

When             Time             Day             Month             Year

Details about this summons

Issued at:

Date:

Registrar:

Magistrate:

Police officer:

Prescribed person:

FORM 5—CHARGE-SHEET AND WARRANT TO ARREST

Rule 13(e)

CHARGE-SHEET AND WARRANT TO ARREST

Details of accused

Name:

Gender:

Date of birth:

Mobile phone number:

Email address:

Registration number of vehicle:               State registered:

Driver licence number:  State issued:

To the accused:

You have been charged with an offence.

Read these pages to see what you must do.

Details of the charge against you

What is the charge?

[Description of offence]

Act or	Section or Clause
Under what law?	o State	o Act	Regulation No.	(Full Ref.)
o Common-wealth	o Regulation
o Other— specify
Type of offence	o Summary offence		o Indictable offence
Request for committal proceeding	o No		o Yes

Who filed the charge-sheet(s)?

Name of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of informant:

Date:

Charge-sheet filed at:

Date:

Request for issue of a warrant to arrest

I apply for the issue of a warrant to arrest on the following grounds:

[insert grounds]

Warrant to arrest

To all police officers:

You are authorised to break, enter and search any place where the person named in this warrant is suspected to be, to arrest that person and bring the person before a Bail Justice or the Court as soon as practicable to be dealt with according to law or cause the person to be released on bail in accordance with the endorsement on this warrant.

I am satisfied by the evidence before me that a warrant should be issued on the following grounds:

o it is probable the person will not answer a summons

o the person has absconded or is likely to abscond

o the person is avoiding the service of a summons

o the warrant is o required o authorised by another Act namely

o other

Issued at:  Date:

Before:

Registrar:

Magistrate:

FORM 6—DO NOT IGNORE THIS NOTICE

Rule 14

DO NOT IGNORE THIS NOTICE

Do not ignore this notice.

If you do not understand this notice, you should get someone to interpret it for you immediately.

The Court will not provide written notification of listing dates.

To receive electronic notification of listing dates, please ensure your mobile phone number and/or email address are kept updated with the Court.

Seek legal advice.

A legal practitioner can help you decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [insert telephone number]

Federation of Community Legal Centres to find the centre closest to you [insert telephone number]

Victoria Aboriginal Legal Service [insert telephone number]

[Information to the effect of this advice to be printed in English, Mandarin, Punjabi, Dari, Farsi, Persian, Dinka, Arabic, Vietnamese, Turkish, Thai, Hindi, Swahili and Cantonese languages.]

FORM 7—NOTICE TO APPEAR

Rule 16(1)

NOTICE TO APPEAR

(Section 21 of the Criminal Procedure Act 2009)

Person served:

Family name:

First name(s):

Street name and number:

Suburb/Town:  Postcode:

Date of birth:

YOU ARE REQUIRED TO APPEAR BEFORE THE MAGISTRATES' COURT AT

[Full street address of the venue of the Court]

ON [Date]               AT [Time]

YOU ARE SUSPECTED OF HAVING COMMITTED THE FOLLOWING OFFENCES

[These are general particulars of the offence(s) only]

THE SUSPECTED OFFENCES WERE COMMITTED IN THE FOLLOWING MANNER:

[General terms of the circumstances of the suspected offences]

Police officer or person authorised to act:

Agency and address:

Telephone:

Email:

Agency Ref.:

Date:

IMPORTANT INFORMATION—DO NOT IGNORE THIS NOTICE—SEEK LEGAL ADVICE

You must appear on [date] at [venue] Magistrates' Court if you get a copy of a charge-sheet and a preliminary brief. This means you have been charged with an offence. You will get a copy of the charge-sheet and preliminary brief within 21 days of getting this notice.

You should immediately seek advice from your legal practitioner, Victoria Legal Aid [insert address and telephone number] or a community legal service.

If you do not appear at court, the magistrate may:

· hear and decide your case and may impose a penalty based on the information in the preliminary brief; or

· order that you be arrested and brought before the Court.

If a charge is not filed with the Court within 14 days of this notice being given to you the notice will lapse, and you will not have to appear at the Magistrates' Court. Written notice of this will be provided to you 7 days after the notice lapses.

AFFIDAVIT OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON

I [full name] of [address], [authorised officer] *swear/*affirm that I served a true copy of this notice to appear on [date] at [time] by—

*giving it to the person personally at [address]

*putting it down in the person's presence and telling the person the nature of the document.

*The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*affirmed at
[place]
in the State of Victoria on [date]

*Before:

ü
ï
ý
ï
þ

[name and address in legible writing, typing or stamp below signature]

*a person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.

*Delete if not applicable

DECLARATION OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON

I [full name] of [address], [authorised officer] *declare that I served a true copy of this notice to appear on [date] at [time] by—

*giving it to the person personally at [address]

*putting it down in the person's presence and telling the person the nature of the document.

*I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

*Declared at
[place]
in the State of Victoria on [date]

*Before:

ü
ï
ý
ï
þ

[name and address in legible writing, typing or stamp below signature]

*a person authorised under Part 4 of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable

FORM 8—PRE-HEARING DISCLOSURE NOTICE FOR MATTERS TO BE DETERMINED SUMMARILY

Rule 18

PRE-HEARING DISCLOSURE NOTICE FOR MATTERS TO BE DETERMINED SUMMARILY

(Section 13 of the Criminal Procedure Act 2009)

You have been charged with an offence that can be heard summarily. You should speak to a legal practitioner (a lawyer) immediately.

How can you get more information about your charge:

Your charge-sheet will have some information about the charge. If you want more information, at any time you or your legal practitioner can make a request in writing to the informant (the person who charged you) for—

· a preliminary brief;

· a full brief (if you have been served with a notice to appear, you can ask only for a full brief after a summary case conference); and

· information or copies of what is listed in the preliminary or full brief at least 7 days (or more) before the next court date.

What the informant must do:

When the informant receives a request for more information from you or your legal practitioner, the informant has—

· 14 days to give you a preliminary brief; or

· at least 14 days to give you a full brief before your contest mention or summary hearing; and

· 7 days to respond to your request.

The informant also must give you a list or copy of any new information that is relevant to the charge as soon as it is available to the informant.

In some cases, the informant can refuse to give you information. The informant must give you a notice in writing that explains why your request has been refused. Some of the reasons the informant may refuse your request are that disclosure of the information would—

· prejudice the investigation, enforcement or proper administration of the law; or

· prejudice a fair hearing of a charge or impartial adjudication of a particular case; or

· enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of law; or

· disclose methods or procedures of preventing, detecting, investigating contraventions or evasions of the law, the disclosure of which would be reasonably likely to prejudice the effectiveness of those methods or procedures; or

· endanger the life or physical safety of persons or their families, engaged in, or in connection with, law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law; or

· endanger the life or physical safety of a person referred to in section 43(1)(a) of the Criminal Procedure Act 2009 or of a family member, as defined in the Family Violence Protection Act 2008, of such a person; or

· result in the disclosure of child abuse material to the accused personally; or

· the informant may refuse disclosure of any information, document or thing that is requested under section 43(1)(d) of the Criminal Procedure Act 2009 on any ground for refusal of a witness summons; or

· the informant may refuse to disclose the particulars of any previous conviction of any witness who the informant intends to call at the hearing if the previous conviction because of its character is irrelevant to the proceeding.

What can you do if the informant refuses to give you information?

You can apply to the Magistrates' Court for an order if you—

· get a written notice from the informant that they refuse to give you the requested information; or

· believe there is information that has not been disclosed that is relevant to your case.

Your legal practitioner can advise of how to apply for an order of the Magistrates' Court that the information be disclosed.

Get legal advice before you go to court

A legal practitioner can help you understand the charges and decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [insert telephone number]

Federation of Community Legal Centres to find the centre closest to you [insert telephone number]

Victoria Aboriginal Legal Service [insert telephone number]

If you are eligible, you have a right to legal aid under the Legal Aid Act 1978. Contact Victoria Legal Aid [insert address and telephone number].

FORM 9—PRE-HEARING DISCLOSURE NOTICE FOR MATTERS TO BE DETERMINED BY A COMMITTAL PROCEEDING

Rule 18

PRE-HEARING DISCLOSURE NOTICE FOR MATTERS TO BE DETERMINED BY A COMMITTAL PROCEEDING

(Section 13 of the Criminal Procedure Act 2009)

You have been charged with an indictable offence. 

You should speak to a legal practitioner (a lawyer) immediately.

How can you get information about your charge?

Your charge-sheet will have some information about the charge. More information about the charge will be provided to you when the informant (the person who charged you) gives you a hand-up brief or plea brief.

Hand-up brief:

The informant must give you a hand-up brief containing the evidence on which they rely to prove the charge against you and a statement that you have no previous convictions or a copy of your criminal record by the date fixed by the Court at the filing hearing.

Plea brief:

If you decide to plead guilty to the charge the informant may give you a plea brief. The informant may only give you a plea brief if you have given your written consent. You should obtain legal advice before providing your written consent.

Continuing obligation of disclosure:

The informant has an obligation to disclose to you any information, document or thing that comes into their possession after a hand-up brief is given to you. The informant must give you a copy of the information or list of things as soon as possible after it comes into their possession. However, the informant does not have an obligation to disclose to you any information, document or thing if the informant believes that doing so will result in the disclosure to you of child abuse material. In that case, you may apply to the Court for an order requiring the informant to provide, or make available for inspection, the information, document or thing.

Inspection of exhibits

You may inspect any of the items listed in a hand-up brief at a time and place agreed with the informant.

Get legal advice when you get the hand-up brief

A legal practitioner can help you understand the charges and decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [insert telephone number]

Federation of Community Legal Centres to find the centre closest to you [insert telephone number]

Victoria Aboriginal Legal Service [insert telephone number]

If you are eligible, you have a right to legal aid under the Legal Aid Act 1978. Contact Victoria Legal Aid [insert address and telephone number].

FORM 10—NOTICE ACCOMPANYING PRELIMINARY BRIEF

Rule 19

NOTICE ACCOMPANYING PRELIMINARY BRIEF

(Section 37 of the Criminal Procedure Act 2009)

In the Magistrates' Court of

Victoria at [venue]

Date of hearing:

To the accused:

Family name:  First names:

Address:  Postcode:

The attached preliminary brief contains the following information, document or thing available at the time of preparation:

of:

Date of birth:

On [date], this fine conversion order is made against you requiring you to perform unpaid community work in respect of the unpaid fine(s) set out below imposed by the Magistrates' Court at [venue] on [date].

Unpaid amounts
Charge	Fine	Statutory costs	Costs	Hours of work ordered	How hours to be served

Where the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines.  A minimum of 8 hours unpaid community work is required to be performed.

This order commences on [date] and ends on [date].

You must attend [address of community corrections centre] within 2 clear working days after [date].

The conditions of this order are that you must:

onot commit another offence for which you could be imprisoned during the time that the order is in force.

oreport to the above community corrections centre within 2 clear working days of the order starting.

oreport to, and receive visits from, a community corrections officer.

onotify an officer at the above community corrections centre of any change of your address or employment within 2 clear working days after the change.

onot leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre.

oobey all lawful instructions and directions given to you by community corrections officers.

operform unpaid community work as directed by the Regional Manager for the hours of work specified in this order.

This order was made on [date] at [venue].

[Signature of *magistrate/*proper officer]

*Delete if not applicable

FORM 49—CONSENT TO THE MAKING OF A FINE DEFAULT UNPAID COMMUNITY WORK ORDER

Rule 102(1)

CONSENT TO THE MAKING OF A FINE DEFAULT UNPAID COMMUNITY WORK ORDER

(Section 69H(2)(a) of the Sentencing Act 1991)

In the Magistrates' Court of

Victoria at [venue]  Court Ref.:

Name [full name]

of [address]

CONSENT TO A FINE DEFAULT UNPAID COMMUNITY WORK ORDER

I consent to the making by the Court of a fine default unpaid community work order requiring me to perform unpaid community work as directed by a Regional Manager, instead of paying a total penalty of $           .

RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK

I understand that the amount(s) that I owe for each unpaid fine will be converted into hours of unpaid community work at the rate of one hour for each 0×2 penalty unit or part of 0×2 penalty unit which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me.

CONDITIONS OF THE ORDER

I understand that the following conditions will apply to the order and I agree to comply with them:

During the period of the fine default unpaid community work order I must—

onot commit another offence punishable by imprisonment.

oreport to a community corrections centre specified by the Court.

oreport to, and receive visits from, a community corrections officer.

onotify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.

onot leave Victoria except with the permission of an officer at the specified community corrections centre.

oobey all lawful instructions and directions of community corrections officers.

operform unpaid community work as directed by the Regional Manager for a period determined by the Court.

Dated at [place] on [date]

[Signature of person in default]  [print name]

Witnessed by—

[Signature of witness]  [print name]

TO THE PERSON IN DEFAULT

The Court will send you a notice of the making of a fine default unpaid community work order and its conditions.

FORM 50—NOTICE ABOUT THE PROCEDURES FOR ENFORCEMENT OF FINES

Rule 102(2)

NOTICE ABOUT THE PROCEDURES FOR ENFORCEMENT OF FINES

(Section 69C(3) of the Sentencing Act 1991)

A warrant to arrest has been issued to the sheriff for non-payment of the fine(s) imposed against you in the Magistrates' Court. A summary of the fine(s) and the total amount still outstanding is attached.

You may obtain further details of the penalties from any venue of the Magistrates' Court. To do so, you must provide the Court reference which is also on the attached summary.

YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER, OR TO CONSENT TO THE MAKING OF A FINE DEFAULT UNPAID COMMUNITY WORK ORDER

Payment must be made to the sheriff, [insert address].

IF YOU CANNOT PAY

You may apply to the registrar at any venue of the Magistrates' Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine.

If you do not pay the fine and do not make an application to a registrar you may consent to the Court making a fine default unpaid community work order requiring you to perform unpaid community work instead of paying the fine. You may be required to perform one hour of unpaid work for each 0×2 penalty unit or part of 0×2 penalty unit of each fine outstanding. A minimum of 8 hours work under the direction of the Regional Manager must be performed, irrespective of the amount outstanding, up to a maximum of 500 hours.

You can obtain a consent form from the person making this demand.

IF YOU DO NOT PAY OR TAKE ANY ACTION

If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month, it may—

·make a fine default unpaid community work order requiring you to perform unpaid community work under the direction of a Regional Manager for one hour for each 0×2 penalty unit or part of 0×2 penalty unit then remaining unpaid with a minimum of 8 and a maximum of 500 hours. You may also be ordered to pay additional costs.

·order that you be imprisoned for one day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months, and may order you to pay additional costs.

·order that the amount of the fine then unpaid be levied under a warrant to seize property.

·vary any existing order for payment of the fine by instalments.

·adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit.

FORM 51—NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF A FINE (BODIES CORPORATE)

Rule 103

NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF A FINE (BODIES CORPORATE)

(Section 69Y(3) of the Sentencing Act 1991)

A warrant to seize property owned by the company has been issued to satisfy the amount of a fine or instalment under an instalment order imposed on the company by the Magistrates' Court, and all lawful costs of execution. The attached document sets out a summary of the details and the total amount outstanding. You may obtain further details of the penalty from the Magistrates' Court. To do so, you must supply the Court reference which is also on the attached summary.

THE COMPANY HAS 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE TO PAY THE AMOUNT OUTSTANDING OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER (see below).

Payment must be made to the sheriff, [insert address].

IF THE COMPANY CANNOT PAY

It may apply to a registrar of the Magistrates' Court for an order that the fine be paid by instalments or for an order that the company be allowed time to pay the fine.

IF THE COMPANY DOES NOT PAY OR TAKE ANY ACTION

If the company does not pay or take any action, the sheriff is required to seize and sell property belonging to the company to satisfy the amount outstanding.

FORM 52—FINE DEFAULT UNPAID COMMUNITY WORK ORDER

Rule 102(3)

FINE DEFAULT UNPAID COMMUNITY WORK ORDER

(Section 69D(2), 69H(2) or 69M(4) of the Sentencing Act 1991)

In the Magistrates' Court of

Victoria at [venue]  Court Ref.:

TO:

of:

Date of birth:

On [date], with your signed consent, this fine default unpaid community work order is made against you requiring you to perform unpaid community work in respect of the unpaid fine(s) set out below which was imposed by the Magistrates' Court at [venue] on [date].

Unpaid amounts
Charge	Fine	Statutory costs	Costs	Hours of work ordered	How hours to be served

Where the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed.

This order commences on [date] and ends on [date].

You must attend [address of community corrections centre] within 2 clear working days after [date].

The conditions of this Order are that you must:

onot commit another offence for which you could be imprisoned during the time that the order is in force.

oreport to the above community corrections centre within 2 clear working days of the order starting.

oreport to, and receive visits from, a community corrections officer.

onotify an officer at the above community corrections centre of any change of your address or employment within 2 clear working days after the change.

onot leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre.

oobey all lawful instructions and directions given to you by community corrections officers.

operform unpaid community work as directed by the Regional Manager for the hours of work specified in this order.

This order was made on [date] at [venue].

[Signature of *magistrate/*proper officer]

*Delete if not applicable

FORM 53—SUMMONS FOR FAILURE TO PAY A FINE

Rule 104

SUMMONS FOR FAILURE TO PAY A FINE

(Section 69M(1) of the Sentencing Act 1991)

In the Magistrates' Court of

Victoria at [venue]  Court Ref.:

Date of birth:

Informant:

of:

TO:

1.   On [date] you were found guilty of an offence and the Court ordered you to pay the following amount(s):

Charge No.	Act/section	Fine $	Statutory costs $	Costs/Other amount(s) $	Paid $	Unpaid $
TOTAL AMOUNT NOW PAYABLE

2.   The Court records show that you have not paid the above amount and a warrant to seize your property to recover this amount has been returned unsatisfied.

3.   YOU ARE DIRECTED TO APPEAR BEFORE THE MAGISTRATES' COURT AT [place] ON [date and time] TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S).

Issued at [place] on [date]

NOTES

1.   If you pay the above amount to any registrar of the Magistrates' Court on or before the date for hearing of this summons, you will not be required to appear at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs.

2.   Payments may be made personally or posted to the registrar. You must quote the Court reference at the top of this summons.

3.   If you do not pay the amount due or appear at Court as directed by this summons, a warrant for your arrest may be issued.

FORM 54—APPLICATION FOR SUPPRESSION ORDER

Rule 107

APPLICATION FOR SUPPRESSION ORDER

(Section 10 of the Open Courts Act 2013)

In the Magistrates' Court of

Victoria at [venue]

In the matter of: [Prosecuting agency] and [Offender]

Name of applicant:

Address of applicant:

Postcode:

Telephone:

Email address:

NOTE: Pursuant to section 10(1) of the Open Courts Act 2013, an applicant for a suppression order must give 3 business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates, unless the Court is satisfied that there is a good reason to waive the notice requirement or it is in the interests of justice to do so.

Application for:

oProceeding suppression order

oBroad suppression order

oOther (please specify)

Grounds of application [insert brief description of grounds of application]:

This case is next listed for *mention/*hearing/*committal/*application at [venue] on [date].

Dated:

[Applicant or applicant's legal practitioner]

NOTICE OF APPLICATION

(To be completed by the registrar)

This application will be heard before a magistrate at the Magistrates' Court of Victoria at [venue] on [insert date] at           *a.m./*p.m. or so soon afterwards as the business of the Court allows.

Dated:

Registrar

*Delete if not applicable

FORM 55—APPLICATION TO REVIEW A SUPPRESSION ORDER

Rule 108

APPLICATION TO REVIEW A SUPPRESSION ORDER

(Section 15 of the Open Courts Act 2013)

In the Magistrates' Court of

Victoria at [venue]

In the matter of: [Prosecuting agency] and [Offender]

Name of applicant:

Address of applicant:

Postcode:

Telephone:

This application is made by:

oThe applicant for the order

oA party to the proceeding

oA victim or an alleged victim of a *sexual offence/*family violence offence

oThe Attorney-General

oThe Attorney-General of another State or a Territory or of the Commonwealth

oA news media organisation

oOther [state if applicable]

I, [applicant's name] make application to review the [type of order] suppression order made on [date of order] before Magistrate [name of Magistrate who made the order] at the [venue] of the Magistrates' Court.

Grounds of application [insert brief description of grounds for application]:

Dated:

[Applicant or applicant's legal representative]

NOTICE OF APPLICATION

(To be completed by the registrar)

This application will be heard before a magistrate at the Magistrates' Court of Victoria at [venue] on [insert date] at           *a.m./*p.m. or so soon afterwards as the business of the Court allows.

Dated:

Registrar

NOTE: Any person specified under section 15(1)(b) of the Open Courts Act 2013 is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of that Act.

*Delete if not applicable

FORM 56—APPLICATION FOR REGISTRATION EXEMPTION ORDER

Rule 34

APPLICATION FOR REGISTRATION EXEMPTION ORDER

In the Magistrates' Court of

Victoria at [venue]  Court Ref.:

In the matter of:

TO: the registrar of the Magistrates' Court

AND TO the Respondent: the Chief Commissioner of Police

Name of applicant:

Address:

Date of birth:

Telephone:

Email:

This application is in respect of the following offence: [details of specified offence to which the application relates]

The court reference in respect of the offence is: [court reference number]

The informant in respect of the offence was: [name of informant]

The offence was committed on: [date]

The sentence for that offence was imposed by [Magistrate] on [date] at [place]

This application is made on the grounds that: [insert grounds]

The acts, facts, matters and circumstances set out in the affidavit made on [date of affidavit] are relied on in support of this application.

The following other documents are attached in support of this application: [list the documents; attach list if insufficient space]

Signature of applicant:

Date:

This application is listed for hearing before the Magistrates' Court at [place] at [time] *a.m./*p.m. on [date].

Date:

Registrar:

SCHEDULE 1—REVOKED STATUTORY RULES

Rule 4

S.R. No.	Title
181/2009	Magistrates' Court Criminal Procedure Rules 2009
18/2011	Magistrates' Court Criminal Procedure (Amendment No. 1) Rules 2011
59/2011	Magistrates' Court Criminal Procedure (Amendment No. 2) Rules 2011
118/2012	Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012
177/2013	Magistrates' Court Criminal Procedure (Amendment No. 4) Rules 2013
24/2014	Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014
121/2014	Magistrates' Court Criminal Procedure (Infringement Court Venue Amendment) Rules 2014
113/2015	Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015
45/2016	Magistrates' Court Criminal Procedure (Amendment No. 6) Rules 2016
115/2016	Magistrates' Court Criminal Procedure Amendment (Audio Visual Appearance) Rules 2016
82/2017	Magistrates' Court Criminal Procedure (Amendment No. 7) Rules 2017
9/2018	Magistrates' Court Criminal Procedure (Amendment No. 8) Rules 2018
29/2018	Magistrates' Court Criminal Procedure (Amendment No. 9) Rules 2018

Dated:   12 December 2019

LISA HANNAN,

Chief Magistrate

FRANZ HOLZER,

Deputy Chief Magistrate

LANCE MARTIN,

Deputy Chief Magistrate

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Magistrates' Court Criminal Procedure Rules 2019, S.R. No. 143/2019 were made on 12 December 2019 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 16 of the Magistrates' Court Act 1989, No. 51/1989 and section 419 of the Criminal Procedure Act 2009, No. 7/2009 and all other enabling powers and came into operation on 13 December 2019: rule 3.

The Magistrates' Court Criminal Procedure Rules 2019 will sunset 10 years after the day of making on 12 December 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Magistrates' Court Criminal Procedure Rules 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Magistrates' Court Criminal Procedure Amendment (Open Courts) Rules 2020, S.R. No. 40/2020

Date of Making:	25.5.20
Date of Commencement:	1.6.20: rule 3

Magistrates' Court Criminal Procedure Amendment Rules 2020, S.R. No. 80/2020

Date of Making:	6.8.20
Date of Commencement:	6.8.20

Magistrates' Court Criminal Procedure Amendment Rules 2021, S.R. No. 102/2021

Date of Making:	18.8.21
Date of Commencement:	23.8.21: rule 3

Magistrates' Court Criminal Procedure Amendment Rules 2022, S.R. No. 5/2022

Date of Making:	1.2.22
Date of Commencement:	2.2.22: rule 3

Magistrates' Court Criminal Procedure Further Amendment Rules 2022, S.R. No. 101/2022

Date of Making:	29.9.22
Date of Commencement:	1.10.22: rule 3

Magistrates' Court Criminal Procedure Amendment Rules 2023, S.R. No. 129/2023

Date of Making:	8.12.23
Date of Commencement:	13.12.23: rule 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] Rule 12: S.R. No. 141/2010. Reprint No. 2 as at 15 March 2018. Reprinted to S.R. No. 128/2017. Subsequently amended by S.R. Nos 167/2018, 49/2019 and 81/2019.