Supreme Court (Chapter VI Second and Subsequent Appeals Amendment) Rules 2019 (Vic)

Supreme Court (Chapter VI Second and Subsequent Appeals Amendment) Rules 2019

S.R. No. 123/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Heading to Part 2 of Order 2 amended

6Single judge

7Application for leave to appeal against conviction or sentence

8Application may be determined by single Judge of Appeal

9Procedure for renewal of application

10Heading to Part 6 of Order 2 amended

11Rule 2.25 amended

12Bail

13Registrar to notify determination

14Notice of abandonment

15Duties of prison officers

16Form 6–2A amended

17Form 6–2D amended

18Form 6–2DB amended

19Form 6–2K amended

20Form 6–2R amended

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Endnotes

STATUTORY RULES 2019

S.R. No. 123/2019

Supreme Court Act 1986

Supreme Court (Chapter VI Second and Subsequent Appeals Amendment) Rules 2019

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court to provide for second and subsequent appeals as a result of the enactment of the Justice Legislation Amendment (Criminal Appeals) Act 2019.

2Authorising provisions

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

3Commencement

These Rules come into operation on 4 December 2019.

4Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 2017[1] are called the Principal Rules.

5Heading to Part 2 of Order 2 amended

In the heading to Part 2 of Order 2 of the Principal Rules, after "Part 6.3" insert "and Part 6.4".

6Single judge

For the note at the foot of Rule 2.02 of the Principal Rules substitute—

"Note

See sections 315 and 326H of the Act for the powers under Parts 6.3 and 6.4 of Chapter 6 of the Act respectively which may be exercised by a single Judge of Appeal.".

7Application for leave to appeal against conviction or sentence

In Rule 2.05(1) of the Principal Rules, after "274" insert "or 326A".

8Application may be determined by single Judge of Appeal

In Rule 2.06(a) of the Principal Rules, after "315" insert "or 326H".

9Procedure for renewal of application

(1)In Rule 2.08(2) of the Principal Rules, after "315" insert "or 326H".

(2)In Rule 2.08(5)(a) of the Principal Rules, for

"6–2DC" substitute "6–2DB".

10Heading to Part 6 of Order 2 amended

In the heading to Part 6 of Order 2 of the Principal Rules, after "Part 6.3" insert "and Part 6.4".

11Rule 2.25 amended

(1)In the heading to Rule 2.25 of the Principal Rules, after "section 315" insert "or 326H".

(2)In Rule 2.25(1) of the Principal Rules, after "315" insert "or 326H".

(3)In Rule 2.25(5)(a) of the Principal Rules, after "315" insert "or 326H".

12Bail

(1)In Rule 2.38(1) of the Principal Rules, after "310" insert "or 326F".

(2)In the note at the foot of Rule 2.38(1) of the Principal Rules, after "315(1)(e)" insert "or 326H(1)(b)".

(3)In the note at the foot of Rule 2.38(2) of the Principal Rules, after "section 323" insert "and section 326K".

13Registrar to notify determination

In Rule 2.39(1) of the Principal Rules, after "315" insert "or 326H".

14Notice of abandonment

In Rule 2.40(1) of the Principal Rules, after "section 314" insert "or section 326G".

15Duties of prison officers

In Rule 2.53(2)(c) of the Principal Rules, for

"6–2R" substitute "6–2Q".

16Form 6–2A amended

In Form 6–2A of the Principal Rules, for "section 274" substitute "*section 274/[or in the case of a second or subsequent appeal]*section 326A".

17Form 6–2D amended

(1)In the heading to Form 6–2D of the Principal Rules, after "315" insert "or 326H".

(2)In Form 6–2D of the Principal Rules, after "315" insert "or 326H".

18Form 6–2DB amended

In Form 6–2DB of the Principal Rules, after "315" insert "or 326H".

19Form 6–2K amended

(1)In the heading to Form 6–2K of the Principal Rules, after "315" (where twice occurring) insert "or 326H".

(2)In Form 6–2K of the Principal Rules, after "section 315" insert "or 326H".

20Form 6–2R amended

In Form 6–2R of the Principal Rules, for "Rules 2.53, 2.54" substitute "Rule 2.54".

Dated:    28 November 2019

CHRISTOPHER MAXWELL, P.

PAMELA TATE, J.A.

SIMON P. WHELAN, J.A.

DAVID F. R. BEACH, J.A.

STEPHEN KAYE, J.A.

S. G. E. McLEISH, J.A.

R. NIALL, J.A.

KIM HARGRAVE, J.A.

TERRY FORREST, J.A.

KARIN EMERTON, J.A.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN R. DIXON, J.

C. MACAULAY, J.

KATE McMILLAN, J.

G. J. DIGBY, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

MICHAEL McDONALD, J.

RITA ZAMMIT, J.

P. J. RIORDAN, J.

JANE A. DIXON, J.

A. J. KEOGH, J.

MAREE KENNEDY, J.

M. N. CONNOCK, J

MELINDA RICHARDS, J

KEVIN J. A. LYONS, J.

LESLEY TAYLOR, J.

S. J. MOORE, J.

ANDREW J. TINNEY, J.

JACINTA FORBES, J.

L. M. NICHOLS, J.

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Endnotes

[1] Rule 4: S.R. No. 126/2017 as amended by S.R. Nos 32/2018, 33/2018, 133/2018, 168/2018, 21/2019 and 73/2019.