Supreme Court (Chapter VI Amendment No. 2) Rules 1999 (Vic)

Supreme Court (Chapter VI Amendment No. 2)

Rules 1999

S.R. No. 113/1999

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Substitution of Rules 2.08 and 2.09	2
2.08 Application to Registrar	2
2.09 Hearing by single Judge	2
6.	Amendments concerning audio visual links	3
7.	Amendments to Forms 6-2A, 6-2B, 6-2C and 6-2D	3
8.	New Forms 6-2FA, 6-2FB, 6-2GA and 6-2GB	5
Form 6-2FA—Notification to applicant of registrar's decision

under section 582A 5

Form 6-2FB—Election to have application for extension of time

determined by the Court Of Appeal 6

Form 6-2GA—Notification to applicant of single judge's

decision under section 582 7

Form 6-2GB—Election to have application for leave to appeal

against sentence determined by the court of

appeal 8

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NOTES 10

i

STATUTORY RULES 1999

S.R. No. 113/1999

Supreme Court Act 1986

Crimes Act 1958

Supreme Court (Chapter VI Amendment No. 2)

Rules 1999

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these amendments is to make
provision for the hearing by a single Judge of
Appeal of applications for leave to appeal against
sentence and for the attendance of an appellant or
applicant by audio visual link and to make certain
other minor amendments to Order 2 of

Chapter VI.

2. Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 583 of the Crimes Act 1958 and all other enabling powers.

3. Commencement

These Rules come into operation on 1 September

1999.

4. Principal Rules

In these Rules, Chapter VI of the Rules of the Supreme Court1 is called the Principal Rules.

Supreme Court (Chapter VI Amendment No. 2) Rules 1999

r. 5 S.R. No. 113/1999

5. Substitution of Rules 2.08 and 2.09

For Rules 2.08 and 2.09 of the Principal Rules substitute—

"2.08 Application to Registrar

(1) An application for extension of time within

which notice of appeal or notice of his decision in writing.

application for leave to appeal may be given
shall be made in the first instance to the

(2) If an application under paragraph (1) is

refused, the Registrar shall notify the
applicant of his decision in Form 6-2FA and
the applicant may then elect to have the
application determined by the Court of

Appeal.

(3) If in the course of deciding to refuse the

application the Registrar has considered an affidavit or other material from the Crown, the Registrar shall provide the applicant with
a copy of that affidavit or material when
notifying the applicant of the decision.

(4) An election under paragraph (2) shall be in writing in Form 6-2FB which the Registrar shall forward to the applicant who must

return the election to the Registrar within
10 days after receiving it.

2.09 Hearing by single Judge

(1) If an application for leave to appeal against

sentence is refused by a Judge of Appeal
under section 582 of the Crimes Act 1958,
the Registrar shall notify the applicant of the
decision in Form 6-2GA and the applicant
may then elect to have the application
determined by the Court of Appeal.

Supreme Court (Chapter VI Amendment No. 2) Rules 1999

S.R. No. 113/1999 r. 6

(2) An election under paragraph (1) shall be in writing in Form 6-2GB which the Registrar shall forward to the applicant who must

return the election to the Registrar within

10 days after receiving it.".

6. Amendments concerning audio visual links

(1) After Rule 2.28.1(2) of the Principal Rules

insert—

"(3) If the appellant so elects, he or she may

attend before the Court by audio visual link,

if it is practicable to do so.".

(2) In Rule 2.35(2)(a) of the Principal Rules, after

"leave to appeal" insert "or, if it is practicable to

do so, to attend by audio visual link".

(3) For Rule 2.35(3) of the Principal Rules

substitute—

"(3) If a convicted person expresses a wish to be

present in court at the hearing of an appeal or
application or to attend by audio visual link,
the prison officer who has the custody of the
person shall inform the Registrar, who shall
obtain the necessary order or make the
necessary arrangements, as the case may

be.".

7. Amendments to Forms 6-2A, 6-2B, 6-2C and 6-2D

(1) In Form 6-2A of the Principal Rules—

(a)

in the list of Particulars, after item 11 "12. State whether you wish to attend by

audio visual link at the hearing of this
proceeding:";

Supreme Court (Chapter VI Amendment No. 2) Rules 1999

r. 7 S.R. No. 113/1999

(b) in the Important Notes, for Note 1 substitute—

"1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things,

you should complete paragraphs 11 and
12 accordingly or otherwise notify the

Registrar in writing of your wish.".

(2) In Form 6-2B of the Principal Rules—

(a)

in the list of Particulars, after item 10 "11. State whether you wish to attend by

audio visual link at the hearing of this

proceeding:";

(b) in the Important Notes, for Note 1 substitute—

"1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things,

you should complete paragraphs 10 and
11 accordingly or otherwise notify the

Registrar in writing of your wish.".

(3) In Forms 6-2C and 6-2D of the Principal Rules—

(a)

in the list of Particulars, after item 10 "11. State whether you wish to attend by

audio visual link at the hearing of this
proceeding:";

Supreme Court (Chapter VI Amendment No. 2) Rules 1999

S.R. No. 113/1999 r. 8

(b) in the Important Notes, for Note 1 substitute—

"1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your application, or

attend by audio visual link if that is
practicable. If you wish to do either of
these things, you should complete
paragraphs 10 and 11 accordingly or
otherwise notify the Registrar in

writing of your wish.".

8. New Forms 6-2FA, 6-2FB, 6-2GA and 6-2GB

For Forms 6-2F and 6-2G of the Principal Rules substitute—

Rule 2.08(2) "FORM 6-2FA

[heading as in Form 6-2A]

NOTIFICATION TO APPLICANT OF REGISTRAR'S

DECISION UNDER SECTION 582A

To [name of applicant]

I GIVE YOU NOTICE that after consideration of your application for extension of time for giving notice of appeal or notice of application for leave to appeal your application has been refused.

If you wish to have the refused application determined by the Court of you receive this notification.

Date: [e.g. 15 June, 19 ]

[Signed]

* Delete if not applicable

_______________
Supreme Court (Chapter VI Amendment No. 2) Rules 1999

r. 8 S.R. No. 113/1999

Rule 2.08(4) FORM 6-2FB

[heading as in Form 6-2A]

ELECTION TO HAVE APPLICATION FOR EXTENSION OF

TIME DETERMINED BY THE COURT OF APPEAL

To the Registrar of Criminal Appeals:

I [full name], having received your notification that my application for extension of time within which notice of appeal or application for leave to appeal may be given has been refused, GIVE NOTICE that I wish to have my application determined by the Court of Appeal.

I wish *to be present at the hearing of my application;

*to attend by audio visual link.

Date: [e.g. 15 June, 19 ]

[Signed by Applicant]

[Signed by Witness]

* Delete if not applicable

NOTE: You must include any reasons additional to those set out in your original application which you wish to have considered by the Court of Appeal. Attach additional material if you wish.

_______________
Supreme Court (Chapter VI Amendment No. 2) Rules 1999

S.R. No. 113/1999 r. 8

Rule 2.09(1) FORM 6-2GA

[heading as in Form 6-2A]

NOTIFICATION TO APPLICANT OF SINGLE JUDGE'S

DECISION UNDER SECTION 582

To [name of applicant]

I GIVE YOU NOTICE that after consideration of your application for leave to appeal against sentence your application has been refused by [insert name of Judge] acting under section 582 of the Crimes Act 1958.

If you wish to have your application for leave to appeal determined by the Court of Appeal, complete the enclosed form and return it to me within 10 DAYS after you receive this notification.

Date: [e.g. 15 June, 19 ]

[Signed]

* Delete if not applicable

_______________
Supreme Court (Chapter VI Amendment No. 2) Rules 1999

r. 8 r. 8 S.R. No. 113/1999

Rule 2.09(2) FORM 6-2GB

[heading as in Form 6-2A]

ELECTION TO HAVE APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY THE

COURT OF APPEAL

To the Registrar of Criminal Appeals:

I [full name], having received your notification that my application for leave
to appeal against sentence has been refused by a single Judge of Appeal
under section 582 of the Crimes Act 1958, GIVE NOTICE that I wish to
have my application determined by the Court of Appeal.

I wish *to be present at the hearing of my application;

*to attend by audio visual link.

Date: [e.g. 15 June, 19 ]

[Signed by Applicant]

[Signed by Witness]

* Delete if not applicable

IMPORTANT NOTES:

1.      You must include any reasons additional to those set out in your original application for leave to appeal which you wish to have considered by the Court of Appeal. Attach additional material if you

wish.

2.      The Court of Appeal will, if you wish, consider your case and your argument in writing. If you wish to present your case and argument in writing instead of orally, set out fully your case and argument and cause the same to be delivered to the Registrar not less than 7 days before the hearing.

3.      The Court of Appeal may treat the hearing of the application for leave to appeal as the hearing of the appeal.

4. You should be aware that the Court of Appeal has the power under section 568 of the Crimes Act 1958, if it quashes the sentence passed below and substitutes a different sentence, to impose a sentence which is more or less severe than the sentence which is quashed.

5.      An application for leave to appeal against sentence may be abandoned not less than three days before the day fixed for the hearing of the application by filing with the Registrar a notice of abandonment in the appropriate form.".

Supreme Court (Chapter VI Amendment No. 2) Rules 1999

S.R. No. 113/1999 r. 8

Dated: 26 August 1999

J. H. PHILLIPS, C.J.
JOHN WINNEKE, P.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
W. F. ORMISTON, J.A.
JOHN D. PHILLIPS, J.A.
STEPHEN CHARLES, J.A.
J. M. BATT, J.A.
PETER BUCHANAN, J.A.
ALEX CHERNOV, J.A.
BARRY BEACH, J.
BERNARD G. TEAGUE, J.
P. D. CUMMINS, J.
ALLAN W. McDONALD, J.
T. H. SMITH, J.
DAVID ASHLEY, J.
JOHN COLDREY, J.
DAVID BYRNE, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
MURRAY B. KELLAM, J.

M. L. WARREN, J.

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Supreme Court (Chapter VI Amendment No. 2) Rules 1999

Notes S.R. No. 113/1999

NOTES

1 Rule 4: S.R. No. 33/1998 as amended by S.R. No. 33/1999.