Supreme Court (Criminal Procedure) Rules 2017 (Vic)
Version No. 013
Supreme Court (Criminal Procedure) Rules 2017
S.R. No. 126/2017
Version incorporating amendments as at
31 March 2025
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary
1.01Title and object
1.02Authorising provisions
1.03Commencement and revocation
1.04Application of Rules
1.05Definitions
1.06Registrar of Criminal Appeals
1.06.1Associate Judge acting for Registrar
1.07Calculating time
1.08Extension and abridgement
1.09Process in vacation
1.10Content and form of documents
1.11Filing of documents
1.12Subpoenas
1.12.1Subpoenas—Trans-Tasman Proceedings Act 2010
1.12.2Procedure under the Vexatious Proceedings Act 2014
1.13Authentication
1.14Amendment of judgment or order
1.15Effect of non-compliance and dispensing with compliance
1.16Exercise of jurisdiction by Judge of the Court or Court of Appeal
1.17Notices to be signed
1.18General applications
Order 1A—Electronic filing in RedCrest
1A.01Application of this Order
1A.02Definitions
1A.03How and when a document is filed
1A.04Powers of Registrar, Judicial Registrar-Criminal Division and Prothonotary
1A.04.1Powers of Prothonotary in relation to usernames and passwords
1A.05Confidentiality and privacy
Order 2—Criminal appeals
Part 1—Preliminary
2.01Definitions
2.02Single judge
2.03Jurisdiction and powers exercisable by two Judges of Appeal
2.04Legal practitioners
Part 2—Commencement of appeals under Divisions 1 and 2 of Part 6.3 and Part 6.4 of Chapter 6 of the Criminal Procedure Act 2009
2.05Application for leave to appeal against conviction or sentence
2.06Application may be determined by single Judge of Appeal
2.07Procedure for determination of application by single Judge of Appeal
2.08Procedure for renewal of application
2.09Powers of determination
2.10Application may be treated as appeal
2.11No notice of appeal when leave is granted
2.12Unrepresented appellant
2.13Registrar may vacate hearing date or refer for dismissal
Part 3—Appeals under Division 3 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009
2.15Crown appeals
Part 4—Applications under Division 5 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009
2.16Refusal to reserve question of law—application to show cause
2.17Applicant to file affidavit
Part 5—Appeals under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
2.17.1Application of this Part
2.18Commencement of appeal against finding that accused is unfit to stand trial
2.19Commencement of appeal against verdict of not guilty because of mental impairment
2.20Application may be treated as appeal
2.21No notice of appeal when leave is granted
Part 6—Applications under Division 7 of Part 6.3 and Part 6.4 of Chapter 6 of the Criminal Procedure Act 2009
2.22Application for extension of time
2.23Extension of time before Registrar
2.24Extension of time—application under section 313(2)
2.25Application under section 315 or 326H—refusal of Judge of Appeal to exercise powers
Part 7—Reference to Court of Appeal on petition of mercy
2.26Reference on petition of mercy
Part 8—Procedures
2.27Time
2.28Fine and imprisonment in default—fine paid to be retained pending appeal
2.29Procedure for appeal where fine and imprisonment in default
2.30Pre-hearing conference
2.31Transcript of trial
2.32Preservation of exhibits
2.33Copies of transcript, exhibits etc.
2.34Return of exhibits after hearing
2.35Certificate of conviction
2.36Attendance of appellant
2.37Bringing appellant in custody before the Court
2.38Bail
2.39Registrar to notify determination
2.40Notice of abandonment
2.41Abandonment
2.42Report from trial judge
2.43Original depositions, exhibits etc.
2.44Witnesses before Court of Appeal—section 318
2.45Examination other than by court under section 318(2)
2.46Special commissioners—section 320
2.47Entitlement to hearing when restitution order or compensation order made
2.48Property subject to restitution order or compensation order
2.49Security may be ordered
2.50Property subject to order for forfeiture or destruction
2.51Custody of property of convicted person
2.52Transfer of prisoners
2.53Duties of prison officers
2.54Obligation of prison officers—section 283 appeals
Part 9—Other applications to Court of Appeal
2.55Application of Part
2.56Application by summons
2.57Service
2.58Directions hearing
2.59Court of Appeal may set aside or give directions
Order 3—Interlocutory appeals under the Criminal Procedure Act 2009
3.01Application of Order
3.02Definitions
3.03Commencement of interlocutory appeal—section 295
3.04Commencement of application for review of refusal to certify—section 296
3.05Appellant to file affidavit
3.06Application for leave may be treated as appeal or review
Order 3A—Appeals on a question of law
Part 1—General
3A.01Application of Order and definitions
3A.02Commencement of appeal on a question of law
3A.03Notice of appeal
3A.04Appellant to file affidavit
3A.05Directions
3A.07Stay
3A.08Delay and expedition
3A.09Report
Part 2—Authority of Associate Judge under this Order
3A.10Authority of Associate Judge to hear applications or matters
3A.11Reference by Judge of the Court to Associate Judge
3A.12Appeal to a Judge of the Court from Associate Judge
3A.13Appeal from Associate Judge to the Court of Appeal
Part 3—Authority of judicial registrar under this Order
3A.14Authority of judicial registrar to hear applications or matters
3A.15Reference of application or matter to judicial registrar
3A.16Reference of appeal to judicial registrar
3A.17Appeal from determination by judicial registrar
3A.18Judicial registrar may act for another
Order 3B—Appeals under the Children, Youth and Families Act 2005 other than appeals on a question of law
3B.01Application of Order
3B.02Notice of appeal and undertaking to proceed with appeal
3B.03Legal practitioner to notify that practitioner acts
3B.04Prothonotary to fix hearing
3B.05Recording of decision on appeal under section 424
3B.06Appeal by DPP against sentence
3B.07Appeal by DPP under section 429A—failure to fulfil undertaking
3B.08Abandonment of appeal
3B.09Order striking out appeal
3B.10Application to set aside order striking out appeal for failure to appear
3B.11Original depositions, exhibits etc.
3B.12Prothonotary to notify determination
3B.13Certificate of conviction
3B.14Fine and imprisonment in default—fine paid to be retained pending appeal
3B.15Entitlement to hearing when restitution order or compensation order made
3B.16Property subject to restitution order or compensation order
Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
3C.01Application of Order 3C
3C.02Appeal by child against finding of unfitness to be tried
3C.03Appeal by child against finding of not guilty because of mental impairment
3C.04Appeal by DPP against order for unconditional release
3C.05Appeal by child against supervision order
3C.06Appeal by DPP, Attorney-General or Secretary to the Department of Health and Human Services against supervision order
3C.07Affidavit in support
3C.08Children's Court recording officer to give Court documents when required
Order 3D—Appeals under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009
3D.01Application of this Order
3D.02Definitions
3D.03Notice of appeal by offender
3D.04Appeals by DPP against sentence or failure to fulfil undertaking
3D.05Fixing of date for hearing of appeal
3D.06Abandonment of appeal
3D.07Written notice of abandonment of appeal—conviction only
3D.08Application to set aside an order striking out appeal for failure to appear
3D.09Recording and notification of result of appeal
3D.10Legal practitioner to notify that practitioner acts
Order 4—Criminal Procedure rules
Part 1—Pre-trial criminal procedure
4.01Definitions
4.03Notice to accompany copy indictment—no legal practitioner representing accused
4.04Notice by legal practitioner to DPP and Judicial Registrar-Criminal Division
4.05Notice by legal practitioner to Prothonotary
4.06Unrepresented accused
4.07Case conference
Part 2—Notices under the Act and general matters
4.09Commonwealth DPP
4.10DPP to specify sections in notice given under the Act
4.11Notice of alibi
4.12Recording of time and date of arraignment
4.13Notice of intention to plead guilty to remaining charges in indictment
4.14Summons or warrant when direct indictment filed
Part 3—Authority of judicial registrars under this Order
4.15Authority of judicial registrar at directions hearings
4.16Limitations on authority of judicial registrar
4.17Further authority of judicial registrars
4.18Judicial registrar may constitute Trial Division of Court
4.19Appeal from determination by a judicial registrar under this Order
4.20Judicial registrar may act for another
Order 5—Payment of fines rules
Part 1—Payment of fines—Sentencing Act 1991
5.01Definitions
5.02Proper officer
5.03Application
5.04Application operates as stay
5.05Consideration of application
5.06Service of copy order
5.07Enforcement of fines against a natural person
5.08Enforcement of fine against body corporate
Part 2—Applications under the Sheriff Act 2009
5.09Application for reinstatement of certain money warrants
5.10Filing and service of summons
Order 6—Confiscation of property and proceeds of crime
Part 1—Preliminary matters
6.01Definitions
6.02Application of this Order
6.03Notice by legal practitioner
Part 2—Applications under the Confiscation Act 1997
6.04Making of application to the Court
6.05Notice and service generally
6.06Applications for restraining orders
6.07Applications for monitoring orders
6.08Application without notice under the Act
6.09Form of certain applications and notices of application
6.10Filing and directions
6.11Notice by person contesting an application
6.12Evidence
6.13Notice of order or declaration
6.14Notice of discharge
6.15Interstate order
6.16Examination under section 98(2) of the Act
Part 3—Applications under the Commonwealth Act
6.17Making of application to the Court under the Commonwealth Act
6.18Notice and service under the Commonwealth Act
6.19Applications for restraining orders and other applications under the Commonwealth Act
6.20Applications for monitoring orders under the Commonwealth Act
6.21Filing and directions
6.22Notice by person contesting an application under the Commonwealth Act
6.23Evidence
6.24Notice of order or declaration under Commonwealth Act
Part 4—Authority of Associate Judges and judicial registrars under this Order
6.25Authority of Associate Judge to hear applications or matters—directions hearings
6.26Authority of judicial registrar to hear applications or matters—directions hearings
6.27Reference by Judge of the Court to Associate Judge or judicial registrar
6.28Reference by Associate Judge to judicial registrar
6.29Appeal from determination by judicial registrar
Order 7—Surveillance devices rules
7.01Definition
7.02Application of Order
7.03Forms of application
7.04Filing and service of documents
7.05Form of surveillance device warrants
7.06Form of retrieval warrant
7.07Assistance orders
7.08Reports under section 30K
Order 9—Witness protection rules
9.01Definition
9.02Application of Order
9.03Application
9.04Filing and service of documents
Order 10—Applications for the use of audio visual links and audio links
10.01Definition
10.02Application under section 42E of the Act
10.03Application under section 42L of the Act
10.04Application under section 42M of the Act
10.05Application under section 42N of the Act
10.06Application under section 42P of the Act
Order 11—Terrorism (Community Protection) rules
11.01Definition
11.02Application of Order
11.03Form of application to Court
11.04Filing of documents
11.05Form of warrant
Order 12—Serious Offenders rules
12.01Definitions
12.02Application of Order
12.03Application for supervision order and renewal of supervision order
12.04Supervision order
12.05Notice of application for declaration that a condition is a restrictive condition
12.06Notice of application to extend intensive treatment and supervision condition
12.07Notice of application for interim supervision order and extension of interim supervision order
12.08Interim supervision order and order extending interim supervision order
12.09Notice of application for detention order and renewal of detention order
12.10Detention order
12.11Notice of application for interim detention order and extension of interim detention order
12.12Interim detention order and order extending interim detention order
12.13Notice of application for emergency detention order
12.14Emergency detention order
12.15Warrant to detain
12.16Notice of application for review of orders
12.17Application for leave to review supervision order
12.18Application for leave to review detention order
12.19Notice of application for detention order and interim detention order during review of supervision order
12.20Notice of application for review of conditions of supervision order or interim supervision order
12.21Notice of application for review of intensive treatment and supervision condition
12.22Notice of appeal
12.23Order for a person to attend for examination
12.24Notice of intention to dispute report
12.25Filing of documents
Order 12A—Sex Offenders Registration rules
12A.01Definition
12A.02Forms of application for exemption from reporting requirements
12A.03Forms of application by Chief Commissioner of Police
12A.04Filing of documents
Order 13—Major Crime (Investigative Powers) rules
13.01Definition
13.02Application of Order
13.03Applications made under this Order
13.04Form of application for coercive powers order or extension or variation of order
13.05Form of order
13.05.1Application for revocation of coercive powers order
13.05.2Application objecting to disclosure or production of protected information at revocation hearing
13.06Form of application for witness summons
13.07Form of application for order to bring person in custody before Chief Examiner
13.08Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act
13.09Application to determine legal professional privilege
13.10Filing of documents
Order 14—Assumed identity rules
14.01Definition
14.02Application of Order
14.03Applications made under this Order
14.04Forms of application under the Act
14.05Filing of documents
14.06Forms of order
Order 15—Identity crime rules
15.01Identity crime certificate
15.02Notice to prosecutor to assist
Order 16—Procedure under the Open Courts Act 2013
16.01Definitions
16.02Notice of application for suppression order
Form 6–1A—Subpoena to attend to give evidence
Form 6–1B—Subpoena to produce
Form 6–1C—Subpoena both to attend to give evidence and to produce
Form 6–1BA—Subpoena to give evidence (New Zealand)
Form 6–1BB—Subpoena to produce documents (New Zealand)
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand)
Form 6–1D—General application
Form 6–2A—Notice of application for leave to appeal against conviction
Form 6–2B—Notice of application for leave to appeal against sentence
Form 6–2C—Notice of application for leave to appeal under section 283 of Criminal Procedure Act 2009
Form 6–2D—Notification to applicant of single Judge's decision
Form 6–2DA—Notification to appellant of single Judge's decision to grant leave to appeal or refer application to at least two Judges of Appeal
Form 6–2DB—Notification to appellant of single Judge's decision to grant leave to appeal on some grounds and refuse leave on other grounds or to refuse leave to appeal
Form 6‑2DC—Notification to appellant of Court of Appeal decision on renewed application
Form 6–2E—Application under section 304 of Criminal Procedure Act 2009
Form 6–2F—Notice of application for leave to appeal against finding of unfitness to stand trial
Form 6–2G—Notice of application for leave to appeal against mental impairment verdict
Form 6–2H—Application for extension to time to file/serve notice of appeal or notice of application for leave to appeal
Form 6–2I—Notification to applicant of Registrar's decision under section 313 of Criminal Procedure Act 2009
Form 6–2J—Election to have extension of time determined by Court of Appeal
Form 6–2K—Election to have application under section 315 or 326H of Criminal Procedure Act 2009 determined by Court of Appeal
Form 6–2L—Recognizance of appellant sentenced to pay fine and surety
Form 6–2M—Notification of result of appeal or application
Form 6–2N—Notice of abandonment
Form 6–2O—Appellant's application for examination of further witnesses
Form 6–2P—Notice to witness to attend before examiner
Form 6–2Q—Notice to prisoner who wishes to appeal
Form 6–2R—Information for persons on whom sentence of imprisonment has been imposed by County Court on appeal from Magistrates' Court
Form 6–3A—Notice of application for leave to appeal against interlocutory decision
Form 6–3B—Notice of application for review of refusal to certify under section 295(3) of Criminal Procedure Act 2009
Form 6–3BA—Notice of appeal and undertaking to proceed
Form 6–3BB—Notice of Supreme Court's decision on appeal
Form 6–3BC—Notice of appeal by DPP against sentence imposed by Children's Court
Form 6–3BD—Notice of appeal by DPP under section 429A of Children, Youth and Families Act 2005
Form 6–3BE—Notice of abandonment of appeal under section 430C of Children, Youth and Families Act 2005
Form 6–3BF—Written notice of abandonment of appeal— conviction only
Form 6–3BG—Order striking out appeal
Form 6–3BH—Application to set aside order striking our appeal for failure to appear
Form 6–3BI—Notification of result of appeal
Form 6–3CA—Notice of appeal by child against finding of unfitness to be tried
Form 6–3CB—Notice of appeal by child against finding of not guilty because of mental impairment
Form 6–3CC—Notice of appeal by DPP against order for unconditional release
Form 6–3CD—Notice of appeal by child against supervision order
Form 6–3CE—Notice of appeal by DPP/Attorney-General/Secretary to Department of Health and Human Services against supervision order
Form 6–3DA—Notice of appeal
Form 6–3DB—Notice under section 255(6) of Criminal Procedure Act 2009 for proposed appellant
Form 6–3DC—Notice of appeal under section 257 of Criminal Procedure Act 2009
Form 6–3DD—Notice of appeal under section 260 of Criminal Procedure Act 2009
Form 6–3DE—Notice of abandonment of appeal
Form 6–3DF—Written notice of abandonment of appeal— conviction only
Form 6–3DG—Application to set aside order striking out appeal for failure to appear
Form 6–3DH—Result of appeal form
Form 6–4A—Notice to accused under section 171 of Criminal Procedure Act 2009
Form 6–4B—Notice that legal practitioner acts
Form 6–4C—Notice that legal practitioner has ceased to act
Form 6–4E—Notice of alibi
Form 6–4F—Notice of intention to plead guilty to one or more remaining charges in indictment
Form 6–4G—Summons
Form 6–4H—Warrant to arrest
Form 6–5A—Application for instalment order and other orders
Form 6–5B—Notice about procedure for enforcement of fines
Form 6–5E—Summons for failure to pay fine
Form 6–5F—Notice about procedure for enforcement of fine (bodies corporate)
Form 6–5G—Summons—Application under section 28 of Sheriff Act 2009
Form 6–6A—Application for restraining order
Form 6–6AB—Application for civil forfeiture restraining order
Form 6–6AC—Application for unexplained wealth restraining order
Form 6–6B—Notice of application
Form 6–6C—Application for exclusion order
Form 6–6D—Application for further orders
Form 6–6E—Application for forfeiture order
Form 6–6F—Application for civil forfeiture order
Form 6–6FA—Application for section 40B exclusion order or section 40ZD exclusion order
Form 6–6G—Application for relief for undue hardship
Form 6–6GA—Application for relief from automatic forfeiture of property of serious drug offender
Form 6–6H—Application under Part 6 of Confiscation Act 1997 for exclusion order
Form 6–6J—Application for pecuniary penalty order
Form 6–6L—Application under specified section of Confiscation Act 1997
Form 6–6LA—Notice of contest of application
Form 6–6M—Notice of restraining order
Form 6–6N—Notice of discharge of forfeiture
Form 6–6O—Application for monitoring order
Form 6–6P—Application under Proceeds of Crime Act 2002 of the Commonwealth for restraining order
Form 6–6Q—Application under Proceeds of Crime Act 2002 of the Commonwealth for unexplained wealth restraining order
Form 6–6R—Application under Proceeds of Crime Act 2002 of the Commonwealth for monitoring order
Form 6–6S—Notice of contest of application
Form 6–7A—Application for warrant
Form 6–7B—Application for retrieval warrant
Form 6–7C—Application for assistance order
Form 6–7D—Surveillance device warrant
Form 6–7E—Retrieval warrant
Form 6–7F—Assistance order
Form 6–7G—Endorsement of assistance order
Form 6–9A—Application
Form 6–10A—Notice of application under section 42L of Evidence (Miscellaneous Provisions) Act 1958
Form 6–10B—Notice of application for audio visual link appearance
Form 6–11A—Application for covert search warrant
Form 6–11B—Covert search warrant
Form 6–12A—Notice of application for supervision order
Form 6–12B—Notice of application for renewal of supervision order
Form 6–12C—Supervision order
Form 6–12D—Notice of application for declaration that condition is a restrictive condition
Form 6–12E—Notice of application to extend intensive treatment and supervision condition
Form 6–12F—Notice of application for interim supervision order
Form 6–12G—Notice of application for extension of interim supervision order
Form 6–12H—Interim supervision order
Form 6–12I—Order extending interim supervision order
Form 6–12J—Notice of application for detention order
Form 6–12K—Notice of application for renewal of detention order
Form 6–12L—Detention order
Form 6–12M—Detention order (renewed)
Form 6–12N—Notice of application for interim detention order
Form 6–12O—Notice of application for extension of interim detention order
Form 6–12P—Interim detention order
Form 6–12Q—Order extending interim detention order
Form 6–12R—Notice of application for emergency detention order
Form 6–12S—Emergency detention order
Form 6–12T—Warrant to detain
Form 6–12U—Notice of application by Secretary for review of supervision order
Form 6–12V—Notice of application by DPP for review of detention order
Form 6–12W—Notice of application for leave to apply for review of supervision order
Form 6–12X—Notice of application under sections 102(1) and 112 of the Serious Offenders Act 2018 for review of supervision order on ground of statutory amendments to core conditions
Form 6–12Y—Notice of application for leave to apply for review of detention order
Form 6–12Z—Notice of application for leave to apply for review of conditions of supervision order or interim supervision order
Form 6–12ZA—Notice of application by Secretary for review of intensive treatment and supervision condition
Form 6–12ZB—Notice of appeal by offender
Form 6–12ZC—Notice of appeal by Secretary to Department of Justice and Regulation
Form 6–12ZD—Notice of appeal by DPP
Form 6–12ZE—Notice of appeal relating to publication of information
Form 6–12ZF—Order to attend for examination
Form 6–12ZG—Notice of intention to dispute reports to Court
Form 6–12AA—Application for suspension of registrable offender's reporting obligations
Form 6–12AB—Application for new order suspending registrable offender's reporting obligations
Form 6–12AC—Application by Chief Commissioner of Police for suspension of registrable offender's reporting obligations
Form 6–12AD—Application by Chief Commissioner of Police for revocation of order suspending registrable offender's reporting obligations
Form 6–12AE—Application by Chief Commissioner of Police for new order suspending registrable offender's reporting obligations
Form 6–13A—Application for coercive powers order
Form 6–13B—Coercive powers order
Form 6–13BA—Application for revocation of coercive powers order
Form 6–13BB—Application objecting to disclosure or production of protected information at revocation hearing for of coercive powers order
Form 6–13C—Application for issue of witness summons
Form 6–13D—Application for order under section 18(2) of Major Crime (Investigative Powers) Act 2004
Form 6–13E—Application for extension of period of notice—confidential document
Form 6–13F—Application to determine legal professional privilege
Form 6–14A—Application under section 10 of Crimes (Assumed Identities) Act 2004
Form 6–14B—Application under section 12 of Crimes (Assumed Identities) Act 2004
Form 6–14C—Order under section 10 of Crimes (Assumed Identities) Act 2004
Form 6–14D—Order under section 12 of Crimes (Assumed Identities) Act 2004
Form 6–15A—Identity crime certificate
Form 6–15B—Notice to appear under section 89H of Sentencing Act 1991
Form 6–16A—Notice of application for suppression order
Schedule 1—Revoked statutory rules
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 013
Supreme Court (Criminal Procedure) Rules 2017
S.R. No. 126/2017
Version incorporating amendments as at
31 March 2025
The Judges of the Supreme Court make the following Rules:
ORDER 1—PRELIMINARY
1.01Title and object
(1)These Rules constitute Chapter VI of the Rules of the Supreme Court and are entitled the Supreme Court (Criminal Procedure) Rules 2017.
(2)The object of these Rules is to provide certain forms and procedures for matters in the Court under the Crimes Act 1958 and the Criminal Procedure Act 2009 and under other legislation relating to matters of a criminal, quasi-criminal or related nature.
1.02Authorising provisions
These Rules are made under—
(a)section 25 of the Supreme Court Act 1986;
(b)the Crimes Act 1958;
(c)section 69ZF of the Sentencing Act 1991;
(d)the Criminal Procedure Act 2009;
(e)section 50 of the Interpretation of Legislation Act 1984; and
(f)all other enabling powers.
1.03Commencement and revocation
(1)These Rules come into operation on 1 January 2018.
(2)The Rules set out in Schedule 1 are revoked.
1.04Application of Rules
These Rules apply to all matters in the Court whenever commenced—
(a)which relate to the criminal jurisdiction of the Court, whether conferred by an Act or otherwise; and
(b)for which provision relating to the conduct of the matter is made by these Rules.
1.05Definitions
(1)In these Rules, unless the context or subject matter otherwise requires—
appellant includes applicant for leave to appeal;
Chapter I means Chapter I of the Rules of the Supreme Court;
DPP means the Director of Public Prosecutions for Victoria and includes the Commonwealth Director of Public Prosecutions;
Judicial Registrar-Criminal Division means the judicial registrar assigned by the Chief Justice under section 113C of the Supreme Court Act 1986 to undertake the duties of the Judicial Registrar-Criminal Division in the Trial Division and nominated by the Chief Justice or the Chief Justice's nominee as the person responsible for criminal listings in the Supreme Court;
legal practitioner means the legal practitioner (as defined in section 3 of the Criminal Procedure Act 2009) who acts for the accused and—
(a)where an officer of Victoria Legal Aid so acts, includes such officer;
(b)does not include a barrister, unless these Rules specifically provide otherwise;
practice note means any practice note issued from time to time by or on behalf of the Chief Justice;
RedCrest means the electronic filing system in operation in the Court from time to time;
Registrar means the Registrar of Criminal Appeals and, if the duties and functions of the Registrar of Criminal Appeals are being carried out by an Associate Judge, means that Associate Judge.
(2)In these Rules, a reference to the Judicial Registrar-Criminal Division includes a person assigned to those duties on an acting or temporary basis.
1.06Registrar of Criminal Appeals
(1)For the purpose of exercising any power or function conferred on the Registrar by or under these Rules, the Registrar—
(a)may constitute the Court of Appeal; and
(b)may exercise the jurisdiction and powers of the Court of Appeal to the extent necessary to exercise those powers or functions.
(2)The Registrar may nominate one or more suitably qualified officers of the Court of Appeal employed under section 106 of the Supreme Court Act 1986 and delegate to such nominated officers the carrying out of the functions and powers of the Registrar in relation to the management of criminal appeals and applications.
(3)An officer referred to in paragraph (2) may exercise the powers and functions of the Registrar in relation to the powers and functions delegated to the officer.
1.06.1 Associate Judge acting for Registrar
Where circumstances so require, an Associate Judge may hear and determine an application under these Rules instead of the Registrar.
1.07Calculating time
(1)Any period of time fixed by or under these Rules shall be calculated in accordance with this Rule.
(2)If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event shall be excluded.
(3)If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included.
(4)If a period of five days or less would include a day on which the office of the Court is closed, that day shall be excluded.
(5)If the last day for doing any act at the office of the Court is a day on which the office is closed, the act may be done on the next day the office is open.
1.08Extension and abridgement
(1)The Court may extend or abridge any time fixed by or under these Rules.
(2)The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires.
Note
See also sections 247 and 313 of the Criminal Procedure Act 2009 in relation to time under that Act.
1.09Process in vacation
In calculating the time fixed by or under these Rules, the period from 24 December to 9 January next following shall be excluded, unless the Court otherwise orders.
1.10Content and form of documents
(1)Except to the extent that the nature of the document renders compliance impracticable, a document prepared by a party for use in the Court shall be prepared in accordance with Order 27 of Chapter I, other than Rule 27.02.
(2)An affidavit shall be made in the first person and shall be prepared in accordance with Order 43 of Chapter I.
1.11Filing of documents
(1)Subject to paragraphs (2) and (5), a document in a proceeding to which these Rules relate is filed by filing it—
(a)in the office of the Prothonotary, unless the Court otherwise orders or the Judicial Registrar-Criminal Division allows; or
(b)with the proper officer in court.
(2)A document in a proceeding in the Court of Appeal is filed by filing it—
(a)in the office of the Registrar; or
(b)with the proper officer in court.
(3)The person with whom the document is filed shall indorse on it the date and time of filing.
(4)A document filed in a proceeding in accordance with this Rule is not open for inspection unless the Court or the Prothonotary, Deputy Prothonotary or Registrar (as the case requires) so directs.
(5)Nothing in this Rule applies to a document in a proceeding to which these Rules relate which is required to be filed in RedCrest in accordance with Order 1A.
1.12Subpoenas
(1)Subject to this Rule and Rule 1.12.1, Order 42 and Order 42A of Chapter I apply with any necessary modification to a proceeding to which these Rules relate, except an appeal or an application for leave to appeal.
(2)For the purposes of Rule 42.09(3) of Chapter I, as applied by paragraph (1)—
(a)a judicial registrar may hear and determine an application for leave to inspect a document or thing produced, where there is no objection to the inspection;
(b)the judicial registrar constitutes the Trial Division of the Court; and
(c)all the powers of the Trial Division of the Court to hear and determine such an application are delegated to the judicial registrar.
(3)In a proceeding to which these Rules relate (except an appeal or an application for leave to appeal), a subpoena shall be in accordance with—
(a)Form 6–1A, for a subpoena to attend to give evidence;
(b)Form 6–1B, for a subpoena to produce; or
(c)Form 6–1C, for a subpoena both to attend to give evidence and to produce.
(4)An addressee need not comply with the requirements of a subpoena to attend to give evidence (a subpoena in Form 6–1A) or a subpoena both to attend to give evidence and to produce (a subpoena in Form 6–1C) unless conduct money has been provided or tendered to the addressee a reasonable time before the day on which attendance is required.
(5)A subpoena in a proceeding to which these Rules relate shall be served personally by giving a copy of the subpoena to the person to be served.
(6)The addressee of a subpoena which is in accordance with Form 6–1B or Form 6–1C must complete the declaration by the addressee provided for in the subpoena.
(7)The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents produced under the subpoena.
(8)Subject to paragraph (9), the Prothonotary may, upon the expiry of four months from the conclusion of the proceeding, cause to be destroyed all the documents produced in the proceeding in compliance with a subpoena which were declared by the addressee to be copies.
(9)The Prothonotary may cause to be destroyed those documents declared by the addressee to be copies which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.
1.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010
(1)In relation to a criminal proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies, Order 7A of Chapter I applies with any necessary modification to a proceeding to which these Rules relate, except an appeal or an application for leave to appeal.
(2)In relation to a criminal proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies (except an appeal or an application for leave to appeal) a subpoena shall be in accordance with—
(a)Form 6-1BA, for a subpoena to give evidence;
(b)Form 6-1BB, for a subpoena to produce documents;
(c)Form 6-1BC, for a subpoena to give evidence and produce documents.
(3)A subpoena in a criminal proceeding to which the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies shall be served personally by giving a copy of the subpoena to the person to be served.
1.12.2 Procedure under the Vexatious Proceedings Act 2014
Order 83 of Chapter I applies with any necessary modification to, and in relation to, a proceeding to which these Rules relate.
1.13Authentication
(1)A judgment or order of the Court in a proceeding to which these Rules relate may be authenticated in accordance with this Rule.
(2)Subject to paragraph (3), a judgment or order of the Court is authenticated when the judgment or order, having been drawn up, is signed by a Judge of the Court, an Associate Judge or a judicial registrar, as the case requires, or sealed by the Prothonotary.
(3)In a proceeding in the Court of Appeal, a judgment or order of the Court is authenticated when the judgment or order, having been drawn up, is signed by a member of the Court of Appeal or the Registrar or sealed by the Prothonotary.
1.14Amendment of judgment or order
For the sake of removing doubt, it is declared that the inherent power of the Court to correct a clerical mistake in a judgment or order or an error arising in a judgment or order from any accidental slip or omission may be exercised at any time.
1.15Effect of non-complianceand dispensing with compliance
(1)A failure to comply with these Rules is an irregularity and does not render a proceeding or step taken, or any document, judgment or order in a proceeding a nullity.
(2)The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
(3)Without limiting paragraph (2), the Registrar may dispense with compliance with any of the requirements of these Rules in relation to criminal appeals, either before or after the occasion for compliance arises.
(4)Except as provided by these Rules, a failure to comply with these Rules or with any rule of practice in force under the Criminal Procedure Act 2009 shall not prevent the prosecution of an appeal or an application for leave to appeal if the Court considers that, in the interests of justice, the failure should be waived or remedied and the matter proceed.
1.16Exercise of jurisdiction by Judge of the Court or Court of Appeal
Unless these Rules specifically provide otherwise, any application and the exercise of any powers and authorities in relation to a proceeding or any other matter to which these Rules apply shall be heard and determined by the Trial Division constituted by a Judge of the Court or the Court of Appeal, as the case requires.
1.17Notices to be signed
Subject to the Criminal Procedure Act 2009 and to these Rules, a notice given under these Rules shall be signed—
(a)by the appellant or applicant;
(b)by a legal practitioner on behalf of the appellant or applicant; or
(c)by a barrister on behalf of the appellant or applicant.
1.18General applications
If a party to a criminal proceeding intends to make an application and there is no form prescribed by any Rules or by or under any Act for such an application, a general application in Form 6–1D may be used with such modification as is necessary.
ORDER 1A—ELECTRONIC FILING IN REDCREST
1A.01 Application of this Order
This Order applies to the filing of a document in any proceeding to which these Rules relate in the Trial Division or the Court of Appeal other than—
* * * * *
(b)a document in a proceeding under the Surveillance Devices Act 1999 to which Order 7 applies;
(c)a document in a proceeding under the Witness Protection Act 1991 to which Order 9 applies;
(d)a document in a proceeding under the Terrorism (Community Protection) Act 2003 to which Order 11 applies;
(e)a document in a proceeding under the Major Crime (Investigative Powers) Act 2004 to which Order 13 applies;
(f)a document in a proceeding under the Crimes (Assumed Identities) Act 2004 to which Order 14 applies;
(g)a document in a proceeding to which Order 15 applies (identity crime rules);
(h)a document in any of the following—
(i)a proceeding under the Australian Crime Commission Act 2002 of the Commonwealth;
(ii)applications under section 56B of the Corrections Act 1986 for a police custody transfer order under section 56D of that Act;
(iii)applications under section 91, 100 or 125 of the Independent Broad‑based Anti-corruption Commission Act 2011;
(iv)applications under the Service and Execution of Process Act 1992 of the Commonwealth made by the Chief Examiner within the meaning of section 3 of the Major Crime (Investigative Powers) Act 2004 or the IBAC within the meaning of section 3 of the Independent Broad‑based Anti‑corruption Commission Act 2011.
Note
A document under Order 6 is filed in the Common Law Division pursuant to Rule 28A.01 of Chapter I (RedCrest).
1A.02 Definitions
In this Order—
authorised person means a person who has been issued with a username and password to access RedCrest by the Prothonotary or otherwise provided with access to RedCrest;
seal means seal with the seal of the Court.
1A.03 How and when a document is filed
(1)Subject to paragraphs (2), (3) and (4), a document, including an indictment under section 159(1) of the Criminal Procedure Act 2009, to be filed in the Court in accordance with this Order is to be submitted by an authorised person in RedCrest in—
(a)a pdf version; or
(b)in any other form—
(i)in a proceeding in the Trial Division, approved by the Judicial Registrar-Criminal Division or the Prothonotary; or
(ii)in a proceeding in the Court of Appeal, approved by the Registrar.
(2)An indictment may be brought before a Judge of the Court or the Judicial Registrar-Criminal Division to be filed.
Note
See section 161 of the Criminal Procedure Act 2009 in relation to direct indictments.
(3)In relation to a proceeding in the Trial Division, the Court may order or the Judicial Registrar-Criminal Division or the Prothonotary may direct that a document be filed in any manner that the Court, the Judicial Registrar-Criminal Division or the Prothonotary considers appropriate.
(4)In relation to a proceeding in the Court of Appeal, the Court of Appeal constituted by one or more Judges of Appeal may order or the Registrar may direct, in relation to any or all documents in a proceeding or part of a proceeding, that the documents be filed in any other manner that the Court or the Registrar considers appropriate.
(5)A document is taken to be filed—
(a)in relation to a proceeding in the Trial Division, if it is submitted in RedCrest and sealed by the Judicial Registrar-Criminal Division or the Prothonotary, when it was first submitted in RedCrest for filing in accordance with paragraph (1);
(b)in relation to a proceeding in the Court of Appeal, if it is submitted in RedCrest and sealed by the Registrar or the Prothonotary, when it was first submitted in RedCrest for filing in accordance with paragraph (1);
(c)if, in accordance with paragraph (2), an indictment is accepted for filing by a Judge of the Court or the Judicial Registrar-Criminal Division, when it is sealed by an Associate of the Judge or by an Associate of the Judicial Registrar-Criminal Division;
(d)if, in accordance with paragraph (3), it is filed in accordance with a direction of a Judge of the Court, the Judicial Registrar-Criminal Division or the Prothonotary, when it is sealed; or
(e)if, in accordance with paragraph (4), it is filed in accordance with a direction of a Judge of Appeal, the Registrar or the Prothonotary, when it is sealed.
(6)A document filed in a proceeding in the Trial Division to which this Order applies is not open for inspection unless the Court, the Judicial Registrar-Criminal Division, the Prothonotary, or a Deputy Prothonotary so directs.
(7)A document filed in a proceeding in the Court of Appeal to which this Order applies is not open for inspection unless the Court of Appeal or the Registrar so directs.
(8)For the purposes of this Rule, if a direction or order is made by the Court of Appeal, the Court of Appeal may be constituted by one or more Judges of Appeal.
1A.04 Powers of Registrar, Judicial Registrar-Criminal Division and Prothonotary
(1)The Registrar, the Judicial Registrar-Criminal Division or the Prothonotary may refuse to seal a document submitted in RedCrest to be filed until satisfied that the document—
(a)complies with the Rules; or
(b)complies with an order of the Court.
(2)The Registrar, the Judicial Registrar-Criminal Division or the Prothonotary may reject a document if the Registrar, the Judicial Registrar-Criminal Division or the Prothonotary (as the case requires) considers that—
(a)a document, if it were sealed, would be substantially irregular or constitute an abuse of process; or
(b)there has been a failure to comply with the Rules, an order of the Court or a direction of the Registrar, the Judicial Registrar-Criminal Division or the Prothonotary after a reasonable opportunity to do so.
(3)If the Registrar, the Judicial Registrar-Criminal Division or the Prothonotary—
(a)refuses to seal a document; or
(b)rejects the document—
the Registrar, the Judicial Registrar-Criminal Division or the Prothonotary, as the case requires, shall send an electronic communication to the authorised person advising—
(c)that the document has not been accepted for filing; and
(d)the reason it was not accepted for filing.
(4)If the Registrar, the Judicial Registrar-Criminal Division or the Prothonotary—
(a)fails to seal a document within a reasonable time; or
(b)refuses to seal a document; or
(c)rejects a document—
the Court may—
(d)direct the Registrar, the Judicial Registrar-Criminal Division or the Prothonotary to seal the document with a filing date, being the date the document was first submitted in RedCrest for filing;
(e)direct the Registrar, the Judicial Registrar-Criminal Division or the Prothonotary to seal the document with a filing date, being the date the document is so sealed;
(f)if a direction is made under paragraph (d) or (e), make any consequential order or give any direction that it considers appropriate.
(5)For the purposes of paragraph (4), if a direction or order is made by the Court of Appeal, the Court of Appeal may be constituted by one or more Judges of Appeal.
1A.04.1 Powers of Prothonotary in relation to usernames and passwords
(1)The Prothonotary may—
(a)refuse to issue a person with a username and password;
(b)cancel a username and password;
(c)impose or vary conditions on the use of a username and password.
(2)The Court may give any direction to the Prothonotary that it considers appropriate in relation to any case in which the Prothonotary exercises a power under paragraph (1).
1A.05 Confidentiality and privacy
(1)The Court may make any order it thinks fit as to confidentiality and privacy in relation to the filing of documents in accordance with this Order in RedCrest, including directing that particular documents or classes of documents be filed in RedCrest in a redacted form.
(2)For the purposes of paragraph (1), if a direction or order is made by the Court of Appeal, the Court of Appeal may be constituted by one or more Judges of Appeal.
ORDER 2—CRIMINAL APPEALS
Part 1—Preliminary
2.01Definitions
(1)In this Order, unless the context or subject matter otherwise requires, the Act means the Criminal Procedure Act 2009.
(2)In this Order, unless the context or subject matter otherwise requires—
Crown appeal means an appeal brought by the DPP;
examiner means a person appointed by the Court of Appeal under section 318 of the Act;
exhibit includes—
(a)all books, papers and documents and all other property connected with the proceedings against any person entitled or authorised to appeal, which were sent to the originating court upon committal or produced and read in evidence during trial or other proceedings; and
(b)any written statement delivered to a trial judge by that person—
but does not include—
(c)the original depositions of witnesses examined at a preliminary examination, committal or before a coroner; and
(d)any indictment or written process against an accused; and
(e)any plea filed in the originating court;
recording officer of the originating court means the officer who has custody of the records of the originating court;
respondent means the person who defends an appeal.
2.02Single judge
A Judge of Appeal may exercise any power of the Court of Appeal under Rules 1.15(2) or (4), 2.04(4), 2.15(5), 2.26(2) and 2.27(2), (3) or (4).
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.
2.03Jurisdiction and powers exercisable by two Judges of Appeal
(1)Two Judges of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal in appeals from the County Court under Divisions 2 and 4 of Part 6.3 of Chapter 6 of the Act.
Note
See Order 3 for interlocutory appeals under the Criminal Procedure Act 2009.
(2)Two Judges of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal to dismiss an appeal or an application for leave to appeal—
(a)for noncompliance with this Order; or
(b)if it is otherwise appropriate to do so.
(3)Two Judges of Appeal may make any order or give any direction incidental or ancillary to the exercise by them of the jurisdiction and powers of the Court of Appeal.
2.04Legal practitioners
(1)A legal practitioner who, on behalf of an appellant, files a notice of appeal or a notice of application for leave to appeal under this Order shall state in the notice—
(a)that the legal practitioner is acting for the appellant;
(b)the contact details of the legal practitioner, including name, address, telephone number, fax number and email address; and
(c)the relevant name and address for service.
(2)The practitioner shall be noted in the records of the Court as acting for the appellant.
(3)Subject to paragraph (4), if a legal practitioner ceases to act for an appellant, the practitioner shall forthwith—
(a)file notice of ceasing to act for the appellant; and
(b)serve a copy of the notice on the respondent.
(4)Unless another legal practitioner has filed a notice that that practitioner is now acting for the appellant, a practitioner may not file notice of ceasing to act without first obtaining the leave of—
(a)the Registrar; or
(b)if leave is refused by the Registrar, the Court of Appeal.
Part 2—Commencement of appeals under Divisions 1 and 2 of Part 6.3 and Part 6.4 of Chapter 6 of the Criminal Procedure Act 2009
2.05Application for leave to appeal against conviction or sentence
(1)An application for leave to appeal against conviction under section 274 or 326A of the Act is commenced by filing a notice of application for leave to appeal in Form 6–2A.
Note
Section 275(1) of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced, subject to any extension under section 313 of the Act.
(2)An application for leave to appeal against sentence under section 278 of the Act is commenced by filing a notice of application for leave to appeal in Form 6–2B.
Note
Section 279(1) of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced, subject to any extension under section 313 of the Act.
(3)An application for leave to appeal against sentence under section 283 of the Act is commenced by filing a notice of application for leave to appeal in Form 6–2C.
Note
Section 284 of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced by the County Court, subject to any extension under section 313 of the Act.
(4)A notice of application for leave to appeal shall—
(a)state each ground of appeal specifically and concisely, and not merely in general terms; and
(b)be accompanied by a written case in support of the application in accordance with any applicable practice note.
2.06Application may be determined by single Judge of Appeal
An application for leave to appeal against conviction or sentence may be determined by the Court of Appeal constituted by either—
(a)a single Judge of Appeal in accordance with section 315 or 326H of the Act; or
(b)two or more Judges of Appeal in accordance with section 11 of the Supreme Court Act 1986.
2.07Procedure for determination of application by single Judge of Appeal
(1)An application for leave to appeal may be determined by a single Judge of Appeal in accordance with this Rule.
(2)Subject to paragraphs (4) and (5), a single Judge of Appeal may without an oral hearing—
(a)determine an application for leave to appeal and—
(i)grant leave to appeal;
(ii)grant leave to appeal on some grounds of appeal and refuse leave to appeal on other grounds of appeal;
(iii)refuse leave to appeal; or
(b)refer the application for leave to appeal for determination by the Court of Appeal comprising two or more Judges of Appeal of whom the referring Judge of Appeal may be one.
(3)If a single Judge of Appeal determines an application for leave to appeal without an oral hearing and makes an order—
(a)of a kind referred to in paragraph (2)(a)(i) or (2)(b), the Registrar shall notify the appellant in Form 6–2DA; or
(b)of a kind referred to in paragraph (2)(a)(ii) or (2)(a)(iii), the Registrar shall notify the appellant in Form 6–2DB.
(4)An appellant—
(a)may request an oral hearing of the application by completing the Oral Hearing Option section of the notice of application for leave to appeal; and
(b)if an oral hearing is requested, must confirm that request in writing to the Registrar, in accordance with any applicable practice note.
(5)If an appellant requests an oral hearing and confirms that request in accordance with paragraph (4), the application shall not be determined without an oral hearing.
2.08Procedure for renewal of application
(1)An application for leave to appeal may be renewed in accordance with this Rule.
(2)Where the Registrar has notified an appellant that leave to appeal has been refused in whole or in part, the appellant may elect under section 315 or 326H of the Act to renew the application for leave to appeal by completing and returning to the Registrar within 10 days of that notification an election form as contained in Form 6–2DB.
(3)Subject to paragraphs (5) and (6), the renewed application shall be considered by the Court of Appeal comprising at least two Judges of Appeal who may, without an oral hearing—
(a)grant leave to appeal;
(b)grant leave to appeal on some grounds of appeal and refuse leave to appeal on other grounds of appeal;
(c)refuse leave to appeal; or
(d)refer the application for determination by the Court of Appeal comprising not fewer than three Judges of Appeal, who may include either or both of the referring judges.
(4)If the Court of Appeal makes an order of the kind referred to in paragraph (3), the Registrar shall notify the appellant in Form 6–2DC.
(5)An appellant who elects to renew an application for leave to appeal—
(a)may request an oral hearing of the application by completing the Oral Hearing Option section of the election form in Form 6–2DB; and
(b)if an oral hearing of the application is requested, must confirm that request in writing to the Registrar, in accordance with any applicable practice note.
(6)If an appellant requests an oral hearing of the application and confirms that request in accordance with paragraph (5), the renewed application shall not be determined without an oral hearing.
2.09Powers of determination
(1)If an application is referred to the Court of Appeal under Rule 2.07(2)(b) or 2.08(3)(d), the Court of Appeal, however constituted, may exercise any powers set out in Rules 2.06, 2.07 and 2.08.
(2)If an appellant makes an initial request for an oral hearing of an application and confirms that request in writing to the Registrar in accordance with any applicable practice note, that request must be complied with in determining any application referred under Rule 2.07(2)(b) or 2.08(3)(d).
2.10Application may be treated as appeal
Subject to this Order, the Court of Appeal may treat the hearing of the application as the hearing of the appeal.
2.11No notice of appeal when leave is granted
If the Court of Appeal gives leave to appeal, the notice of application for leave to appeal is sufficient notice of appeal.
2.12Unrepresented appellant
If an appellant is unrepresented a document may be served by the appellant by delivering to the Registrar at the time of filing an extra copy of the document marked for service upon the respondent.
2.13Registrar may vacate hearing date or refer for dismissal
(1)If the Registrar is satisfied that an appellant has not complied with the requirements of this Order or that it is otherwise appropriate to do so, the Registrar may—
(a)vacate any hearing date set for the application or appeal; or
(b)refer the application or appeal to be dismissed in accordance with Rule 2.03(2).
(2)Paragraph (1) is not to be taken to limit any other powers of the Registrar.
(3)The Registrar shall notify the appellant in writing of the decision under paragraph (1).
Note
There is currently no Rule 2.14.
Part 3—Appeals under Division 3 of Part 6.3 of Chapter 6 of the Criminal Procedure
Act 2009
2.15Crown appeals
(1)A notice of appeal by the DPP shall—
(a)be filed;
(b)state each ground of appeal specifically and concisely and not merely in general terms; and
(c)be accompanied by a written case in support of the appeal in accordance with any applicable practice note.
Note
Section 288(1) of the Act requires the notice of appeal to be filed within 28 days after the day on which the sentence is imposed, subject to any extension under section 313 of the Act.
(2)The DPP shall serve the written case on the respondent at the time of service of the notice of appeal.
Note
Section 288(3) of the Act requires a notice of appeal against a sentence imposed by an originating court to be served on the respondent within seven days after the day on which the notice is filed.
Section 292(3) of the Act requires a notice of appeal for failure to fulfil an undertaking to be served on the respondent within 14 days after the day on which the notice is filed.
(3)Within seven days after serving on the respondent the notice of appeal and written case, the DPP shall file an affidavit of service.
(4)Within one month after service of the documents referred to in paragraph (2), the respondent may file and serve a written case which must comply with any applicable practice note.
(5)The notice of appeal may be amended only with leave of the Court of Appeal.
Part 4—Applications under Division 5 of Part 6.3 of Chapter 6 of the Criminal Procedure
Act 2009
2.16Refusal to reserve question of law—application to show cause
An application under section 304 of the Act for an order to show cause why a question of law should not be reserved for determination by the Court of Appeal is commenced by filing an application in Form 6–2E.
2.17Applicant to file affidavit
(1)Within seven days after filing an application under Rule 2.16, the applicant shall file an affidavit stating the acts, facts, matters and circumstances relating to—
(a)the refusal of the application under section 302 of the Act;
(b)the grounds set out in the application as to why the question should be reserved for determination by the Court of Appeal.
(2)There shall be included as exhibits to the affidavit—
(a)a copy of the order refusing the application under section 302 of the Act; and
(b)a copy of any reasons given for the refusal—
or their absence as exhibits shall be accounted for in the affidavit.
Part 5—Appeals under Crimes (Mental Impairment and Unfitness to be Tried)
Act 1997
2.17.1 Application of this Part
This Part of this Order does not apply to Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.
2.18Commencement of appeal against finding that accused is unfit to stand trial
(1)An application for leave to appeal against a finding that an accused is unfit to stand trial is commenced by filing a notice of application for leave to appeal in Form 6–2F.
Note
Section 14A(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 requires the notice of application for leave to appeal to be filed within 28 days after the day on which the finding is made, subject to any extension under that Act.
(2)The notice of application for leave to appeal shall state each ground of appeal specifically and concisely and not merely in general terms.
2.19Commencement of appeal against verdict of not guilty because of mental impairment
(1)An application for leave to appeal against a verdict of not guilty because of mental impairment is commenced by filing a notice of application for leave to appeal in Form 6–2G.
Note
Section 24AA(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 requires the notice of application for leave to appeal to be filed within 28 days after the day on which the finding is made, subject to any extension under that Act.
(2)The notice of application for leave to appeal shall state each ground of appeal specifically and concisely and not merely in general terms.
2.20Application may be treated as appeal
The Court of Appeal may treat the hearing of the application as the hearing of the appeal.
2.21No notice of appeal when leave is granted
If the Court of Appeal gives leave to appeal, the notice of application for leave to appeal is sufficient notice of appeal.
Part 6—Applications under Division 7 of Part 6.3 and Part 6.4 of Chapter 6 of the Criminal Procedure Act 2009
2.22Application for extension of time
A notice of application for extension of time under section 313 of the Act shall be—
(a)in Form 6–2H; and
(b)filed when the notice of appeal or notice of application for leave to appeal is filed in accordance with this Order.
Note
See section 313 of the Act.
2.23Extension of time before Registrar
(1)An application for an order under section 313 of the Act for extension of time shall be made in the first instance to the Registrar.
(2)The Registrar shall notify the applicant of the decision in writing.
(3)If an application is refused—
(a)the Registrar shall notify the applicant, in Form 6–2I; and
(b)the applicant may elect to have the application determined by the Court of Appeal.
Note
See section 313(2) of the Act.
(4)If in the course of deciding to refuse the application the Registrar has considered an affidavit or other material from the Crown, the Registrar may, if the material has not already been served, provide the applicant with a copy of that material when notifying the applicant of the decision.
2.24Extension of time—application under section 313(2)
(1)An election under Rule 2.23(3) shall be by notice in Form 6–2J, a copy of which the Registrar shall forward to the applicant when notification is given under Rule 2.23(3).
(2)The applicant must return the notice under paragraph (1) to the Registrar within 10 days after receiving it.
(3)If a notice is returned to the Registrar in accordance with paragraph (2), the Registrar shall notify the applicant in writing—
(a)that the notice has been received; and
(b)when appropriate, the day fixed for the hearing.
2.25Application under section 315 or 326H—refusal of Judge of Appeal to exercise powers
(1)If an application made to a Judge of Appeal under section 315 or 326H of the Act is refused by the Judge—
(a)the Registrar shall notify the applicant of the decision in Form 6–2D; and
(b)the applicant may elect to have the application determined by the Court of Appeal constituted by at least two judges.
(2)An election under paragraph (1) shall be by notice in Form 6–2K (with any necessary modification) a copy of which the Registrar shall forward to the applicant.
(3)The applicant must return the notice under paragraph (2) to the Registrar within 10 days after receiving it.
(4)If notice under paragraph (2) is returned to the Registrar in accordance with paragraph (3), the Registrar shall notify the applicant in writing that—
(a)the notice has been received; and
(b)when appropriate, the day fixed for the hearing.
(5)If notice under paragraph (2) is not returned to the Registrar in accordance with paragraph (3), the Registrar shall confirm to the applicant in writing that—
(a)the application made under section 315 or 326H of the Act was refused; and
(b)no notice of election has been received.
Part 7—Reference to Court of Appeal on petition of mercy
2.26Reference on petition of mercy
(1)If the Attorney-General refers a case to the Court of Appeal under section 327(1)(a) of the Act, for the purposes of the Act and this Order, the petitioner whose case is referred shall be taken to be a person who has obtained leave to appeal.
(2)Unless otherwise directed by the Court of Appeal, the petition shall stand in place of a notice of appeal.
(3)If the Attorney-General refers a point to the judges of the Trial Division under section 327(1)(b) of the Act, the point may be considered in private.
Part 8—Procedures
2.27Time
(1)If the last day for doing any act under this Order is a day on which the office of the Court is closed, the act may be done on the next day the office is open.
(2)The Court of Appeal or the Registrar may abridge or extend time under this Order before the time expires.
(3)The Court of Appeal or the Registrar may abridge or extend time under this Order after the time has expired.
(4)When extending time the Court of Appeal or the Registrar may impose conditions or give directions.
Note
See also section 313 of the Act.
2.28Fine and imprisonment in default—fine paid to be retained pending appeal
(1)If a person has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment, the person authorised to receive the fine shall retain it until determination of any related appeal.
(2)Subject to any order of the Court of Appeal, a person who has paid a fine in accordance with a sentence shall, if the appeal is successful, be entitled to the return of the fine paid.
(3)A person who remains in custody in default of payment of a fine shall be taken to be a person sentenced to imprisonment for the purposes of the Act and this Order.
2.29Procedure for appeal where fine and imprisonment in default
(1)If a person who has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment intends to appeal to the Court of Appeal on grounds of law alone, this Rule applies.
(2)If this Rule applies—
(a)the person convicted and sentenced shall inform the trial judge of the intention to appeal;
(b)the trial judge may, if of the opinion that it is appropriate, order the intending appellant immediately to enter into a recognizance in Form 6–2L, with or without sureties, to prosecute the appeal;
(c)the person convicted and sentenced shall within the relevant time period set out in the Act for the type of appeal, file a notice of appeal in accordance with this Order; and
(d)the person convicted and sentenced shall, if necessary, file an application under section 313 of the Act for extension of time.
(3)If the intending appellant fails to comply with paragraph (2)(c), the Registrar shall report the failure to the Court of Appeal which may, after notice has been given to the intending appellant and any sureties—
(a)order forfeiture of the recognizances and payment of the amount of the recognizances to the Registrar immediately;
(b)issue a warrant for the arrest of the intending appellant;
(c)order the imprisonment of the intending appellant in default of payment of the fine; and
(d)make any other order it thinks appropriate.
2.30Pre-hearing conference
(1)The Registrar may conduct such pre-hearing conferences and give such directions with respect to the preparation for hearing of an application for leave to appeal or an appeal as the Registrar thinks appropriate for the effective, complete and prompt disposal of the proceeding.
(2)If the appellant is not represented and is in custody, the Registrar may conduct any pre-hearing conference with the parties separately.
(3)In relation to a Crown appeal, paragraph (2) shall be read and construed as if the word "appellant" were "respondent".
2.31Transcript of trial
(1)At any time after the filing of a notice of appeal or notice of application for leave to appeal, the Registrar may direct the shorthand writers who made notes of the trial from which the appeal or application is brought or the persons who recorded the trial by mechanical means under the Evidence (Miscellaneous Provisions) Act 1958 to provide a transcript in unrevised form of the whole or any part of the notes or recording of the trial in writing or electronic form.
(2)For the purposes of paragraph (1), the Registrar may direct that the transcript be made by a competent person or persons other than the person or persons who took the notes or recorded the trial.
(3)Any transcript required by this Rule—
(a)may be produced in writing or electronic form as the Registrar considers appropriate in any case and as the Registrar directs; and
(b)shall be certified in accordance with the Evidence (Miscellaneous Provisions) Act 1958.
2.32Preservation of exhibits
(1)The trial judge may make any order or give any direction considered appropriate for the production, custody or disposal of exhibits and the recording officer of the originating court shall keep a record of any such order or direction, but if no order is made or direction given—
(a)all exhibits tendered on behalf of the prosecution shall be returned to the custody of the prosecution and shall be retained pending any appeal; and
(b)any exhibit tendered at a trial otherwise than by the prosecution shall be retained by the Associate to the trial judge for 60 days after which the Associate shall return that exhibit to the person who produced it.
(2)If the Registrar gives the prosecution a direction to produce an exhibit, the prosecutor shall produce the exhibit as directed.
(3)If within 60 days the Registrar gives an Associate a direction to produce an exhibit, the Associate shall produce the exhibit as directed.
2.33Copies of transcript, exhibits etc.
The appellant or the respondent or the legal practitioner or representative of the appellant or the respondent—
(a)may obtain from the Registrar a copy of the transcript of the trial, in writing or electronic form, as the case requires, that the Registrar has directed to be provided under Rule 2.31(1);
(b)may obtain from the Registrar a copy of any document which was an exhibit at the trial; and
(c)may inspect by arrangement with the Registrar any exhibit which cannot be copied.
2.34Return of exhibits after hearing
(1)When an appeal is finally determined, the Court of Appeal may make orders as to the return of exhibits as it thinks appropriate.
(2)If no order is made, each exhibit shall be returned to the person who tendered it unless—
(a)it is a document of a kind kept by the recording officer of the court of trial; or
(b)it is an exhibit to which section 311 of the Act applies.
(3)The Registrar shall return to the recording officer of the originating court any original depositions, exhibits, presentment, indictment, inquisition, plea or other document forming part of the record of the originating court which was given to the Registrar for the purposes of the appeal.
2.35Certificate of conviction
(1)The recording officer of an originating court may not issue a certificate of conviction until—
(a)35 days after the date of conviction; or
(b)if the recording officer receives notice from the Registrar that a notice of appeal or of application for leave to appeal has been filed, the determination of the appeal or refusal of leave to appeal.
(2)A person who seeks a certificate of conviction may obtain a certificate from the Registrar stating that no appeal or application for leave to appeal is pending.
(3)A certificate under paragraph (2) may not be given until 35 days after the date of conviction.
2.36Attendance of appellant
(1)The appellant is entitled to attend the hearing of an appeal or an application for leave to appeal unless the Court of Appeal or a Judge of Appeal directs otherwise or these Rules otherwise provide.
(2)If the appellant does not attend in court on the hearing, the appeal or the application may be heard and determined in the appellant's absence.
(3)If the appellant so elects, the appellant may attend before the Court by appearance by audiovisual link, if it is practicable to do so.
(4)In relation to a Crown appeal, this Rule shall be read and construed as if the word "appellant" were "respondent".
2.37Bringing appellant in custody before the Court
(1)The Registrar may constitute the Court of Appeal for the purposes of making an order to bring an appellant who is in custody before the Court pursuant to—
(a)regulations made under the Corrections Act 1986; or
(b)section 490 of the Children, Youth and Families Act 2005.
(2)For the purposes of paragraph (1), the powers of the Court of Appeal to make an order referred to in that paragraph are delegated to the Registrar.
2.38Bail
(1)If the Court of Appeal grants an appellant bail under section 310 or 326F of the Act, the Court may make such orders in relation to bail as it sees fit.
Note
Under section 315(1)(e) or 326H(1)(b) of the Act, this power of the Court of Appeal may be exercised by a single Judge of Appeal.
(2)An appellant who is on bail shall, when the appeal is called on before the Court of Appeal, place himself or herself in the custody of such persons as the Court directs.
Note
See section 323 and section 326K of the Act for bail following an appeal.
2.39Registrar to notify determination
(1)Upon the determination of an appeal or of any matter under section 315 or 326H of the Act, the Registrar shall give notice of the result in Form 6–2M to—
(a)the appellant;
(b)the DPP;
(c)the governor of the prison (if any) in which the appellant is imprisoned;
(d)the Secretary to the Department of Justice and Regulation; and
(e)the officer of the originating court.
(2)The Registrar shall also notify the officer of the originating court of any additional orders or directions made or given by the Court of Appeal.
2.40Notice of abandonment
(1)Subject to Rule 2.49(2), for the purposes of section 314 or section 326G of the Act an appeal (including an application for leave to appeal or a Crown appeal) or an application for extension of time may be abandoned at any time before the hearing of an appeal is commenced by filing a notice of abandonment in Form 6–2N.
(2)A notice of abandonment—
(a)shall be signed by the appellant personally; and
(b)the appellant's signature shall be witnessed by another person whose name and address shall be stated clearly and legibly on the notice of abandonment.
2.41Abandonment
An appeal or application shall be taken to be dismissed on the date the notice of abandonment is filed.
2.42Report from trial judge
(1)If a report is required under section 316 of the Act, a trial judge shall comply with the requirement promptly.
(2)When requiring a trial judge to provide a report under section 316 of the Act, the Registrar shall send the trial judge—
(a)a copy of the notice of appeal or of the application for leave to appeal;
(b)any other document the Registrar thinks material; and
(c)any other document—
(i)the Court of Appeal decides should be sent to the trial judge; or
(ii)that the trial judge requests.
(3)Where amended grounds of appeal are filed after a report has been required, the Registrar shall, as soon as practicable, send the trial judge a copy of the amended grounds and the written case, if amended.
(4)The Court of Appeal may determine an appeal without a report from a trial judge if it thinks it is appropriate to do so.
2.43Original depositions, exhibits etc.
Without limiting section 317 of the Act, the Registrar may require the recording officer of the originating court to provide to the Registrar—
(a)the original depositions of witnesses examined before the committing magistrate or coroner;
(b)any exhibit retained by a court;
(c)the indictment or other written process against the appellant;
(d)an abstract or copy of the whole or part of the indictment;
(e)any plea filed in the originating court.
2.44Witnesses before Court of Appeal—section 318
(1)If the Court of Appeal orders any witness to attend and be examined before the Court under section 318 of the Act—
(a)the order shall specify the time and place when the witness is to attend; and
(b)the order shall, unless otherwise ordered, be served by giving a copy of the order to the person to be served.
(2)If an appellant is not legally represented and seeks an order under section 318 of the Act, the appellant shall file an application in Form 6–2O.
Date:
[Signed by Applicant]
*Delete if not applicable
FORM 6–13BB—APPLICATION OBJECTING TO DISCLOSURE OR PRODUCTION OF PROTECTED INFORMATION AT REVOCATION HEARING FOR OF COERCIVE POWERS ORDER
Rule 13.05.2
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by the Chief Commissioner of Police under section 12A of the Act objecting to disclosure or production of protected information at a revocation hearing for a coercive powers order.
APPLICATION OBJECTING TO DISCLOSURE OR PRODUCTION OF PROTECTED INFORMATION AT REVOCATION HEARING FOR COERCIVE POWERS ORDER
I, [name], Chief Commissioner of Police for Victoria, object to the disclosure or production of protected information within the meaning of the Major Crime (Investigative Powers) Act 2004 ("the Act") at a revocation hearing for a coercive powers order and apply under section 12A of the Act for a determination that the hearing of the revocation of a coercive powers order be determined:
*at a hearing at which evidence given by a police officer is given on the basis of confidential affidavit that is not disclosed to one or more of the parties or any representative of those parties;
*at a hearing held in closed court in which the Chief Commissioner and each party to the proceeding has a right to make submissions;
*at a hearing held without notice to, and without the presence of, one or more of the parties or any representative of those parties [specify parties to be excluded];
*by any combination of the methods set out above [specify].
I OBJECT to the disclosure or production of the protected information on the following grounds—
1it is in the public interest to protect the confidentiality of any intelligence information or any document or thing provided to the Court for the purposes of obtaining the coercive powers order to which the revocation hearing relates or obtained or to be obtained under the coercive powers order to which the revocation hearing relates; and
2the method of hearing and determining the matter may disclose any intelligence information, or document or thing the disclosure of which—
* reveals the identity of the member of the police force who applied for the coercive powers order or puts that member's safety at risk;
*reveals the identity of a person who has been called, or who has appeared, as a witness in an examination conducted under the coercive powers order, or puts that person's safety at risk;
*reveals the identity of a person who has provided a police officer with information relating to an investigation, or puts that person's safety at risk;
*reveals the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or puts that person's safety at risk;
*reveals the identity of a person who is or has been the subject of an investigation by a police officer, or puts that person's safety at risk;
*places at risk an ongoing investigation by a police officer; or
*risks the disclosure of any investigative method used by police officers;
*is otherwise not in the public interest [specify].
*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.
THE PROTECTED INFORMATION to which this application relates is: [brief description of type of protected information].
Date:
[Signed by Applicant]
*Delete if not applicable
FORM 6–13C—APPLICATION FOR ISSUE OF WITNESS SUMMONS
Rule 13.06
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B. under section 14(3) of the Act for the issue of a witness summons.
APPLICATION FOR ISSUE OF WITNESS SUMMONS
I, [name], [rank/position] a police officer of [name of station or address of premises at which police officer works] apply under section 14(3) of the Major Crime (Investigative Powers) Act 2004 ("the Act") for the issue of—
*(a)a summons to attend an examination before the Chief Examiner to give evidence;
*(b)a summons to attend at a specified time and place to produce specified documents or other things to the Chief Examiner;
*(c)a summons to attend an examination before the Chief Examiner to give evidence and produce specified documents or other things.
*THIS APPLICATION is made at the same time as an application for the making of a coercive powers order.
*A COERCIVE POWERS ORDER is in force [insert date of making of order and brief description of details of order].
THE PERSON to whom the summons is to be directed is: [insert name]
THE REASON why a summons is needed for the person to whom it is directed is: [insert reason]
THE EVIDENTIARY OR INTELLIGENCE VALUE of the information sought to be obtained from the person to whom the summons is directed is: [indicate evidentiary or intelligence value]
*I SUSPECT that the person to whom the summons is to be directed has a mental impairment.
*I *SUSPECT/*KNOW that the person to whom the summons is to be directed is under the age of 18 years. I *suspect/*know that the person's age is: [insert age].
Date:
[Signed by Applicant]
*Delete if not applicable
FORM 6–13D—APPLICATION FOR ORDER UNDER SECTION 18(2) OF MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004
Rule 13.07
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by A.B. under section 18(2) of the Act.
APPLICATION FOR ORDER UNDER SECTION 18(2) OF THE MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004
I, [name], [rank/position], a police officer of [name of station or address of premises at which police officer works] apply under section 18(2) of the Major Crime (Investigative Powers) Act 2004 ("the Act") for an order that a person held in a prison or police gaol be delivered into my custody for the purpose of bringing the person before the Chief Examiner to give evidence at an examination.
THE PERSON in respect of whom the order is sought is: [insert name and other details e.g. address of prison or police gaol where the person is held]
THE REASON why an order is needed for the person to whom it is directed is: [insert reason]
THE EVIDENTIARY OR INTELLIGENCE VALUE of the information sought to be obtained from the person to whom the order is directed is: [indicate evidentiary or intelligence value]
*I SUSPECT that the person to whom the order is to be directed has a mental impairment.
*I *SUSPECT/*KNOW that the person to whom the order is to be directed is under the age of 18 years. I *suspect/*know that the person's age is: [insert age].
Date:
[Signed by Applicant]
*Delete if not applicable
FORM 6–13E—APPLICATION FOR EXTENSION OF PERIOD OF NOTICE—CONFIDENTIAL DOCUMENT
Rule 13.08
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by the *Chief Examiner/*Chief Commissioner of Police, (the applicant), under section 20(8E) of that Act for an extension of the period of notice of a confidential document to protect matters specified in section 20(8F) of the Act.
APPLICATION FOR EXTENSION OF PERIOD OF NOTICE CONFIDENTIAL DOCUMENT
I, [name], *Chief Examiner/*Chief Commissioner of Police for Victoria, apply under section 20(8E) of the Major Crime (Investigative Powers) Act 2004 for an extension of the 5 year period of a notice that a summons or order is a confidential document.
THE EXTENSION of the period is necessary to protect—
*an investigation that is continuing (whether or not the investigation is, or is related to, the investigation in relation to which the witness summons was issued);
*any proceeding that has been commenced but not finally determined;
*the safety or reputation of a person;
*the fair trial of a person who has or may be charged with an offence.
*THIS APPLICATION is made on the following grounds: [insert reasons and specify grounds for making the application].
*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.
Date:
[Signed by Applicant]
*Delete if not applicable
FORM 6–13F—APPLICATION TO DETERMINE LEGAL PROFESSIONAL PRIVILEGE
Rule 13.09
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Major Crime (Investigative Powers) Act 2004
and
IN THE MATTER of an application by the Chief Examiner, the applicant, under section 42 of that Act to determine legal professional privilege.
APPLICATION TO DETERMINE LEGAL PROFESSIONAL PRIVILEGE
I, [name], Chief Examiner, apply under section 42 of the Major Crime (Investigative Powers) Act 2004 for a determination whether or not [describe document or thing] is the subject of legal professional privilege.
*THIS APPLICATION is made on the following grounds: [insert reasons and specify grounds for making the application].
*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.
Date:
Chief Examiner
*Delete if not applicable
FORM 6–14A—APPLICATION UNDER SECTION 10 OF CRIMES (ASSUMED IDENTITIES) ACT 2004
Rule 14.04(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Crimes (Assumed Identities) Act 2004
and
IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004
APPLICATION UNDER SECTION 10
I, *[name and rank of applicant], being
*(a)the chief officer of a law enforcement agency;
*(b)a senior officer within the meaning of the Crimes (Assumed Identities) Act 2004 of a law enforcement agency to whom the chief officer referred to in subparagraph (a) has delegated his or her functions under section 34(2) of that Act;
*(c)the corresponding chief officer of a corresponding participating agency within the meaning of the Crimes (Assumed Identities) Act 2004;
APPLY under section 10 of the Crimes (Assumed Identities) Act 2004 for the making of an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or a corresponding authority.
THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application.
Date:
[Signed by Applicant]
*Delete if not applicable
FORM 6–14B—APPLICATION UNDER SECTION 12 OF CRIMES (ASSUMED IDENTITIES) ACT 2004
Rule 14.04(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Crimes (Assumed Identities) Act 2004
and
IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004
APPLICATION UNDER SECTION 12
I, *[name and rank of applicant], being
*(a)the chief officer of a law enforcement agency;
*(b)a senior officer within the meaning of the Crimes (Assumed Identities) Act 2004 of a law enforcement agency to whom the chief officer referred to in subparagraph (a) has delegated his or her functions under section 34(2) of that Act;
*(c)the corresponding chief officer of a corresponding participating agency within the meaning of the Crimes (Assumed Identities) Act 2004; and
HAVING BEEN the applicant for the order under section 10 of the Crimes (Assumed Identities) Act 2004 in respect of which this cancellation is sought,
APPLY under section 12 of the Crimes (Assumed Identities) Act 2004 for the cancellation of the entry that has been made in the Register under the Births, Deaths and Marriages Registration Act 1996 under section 10 of the Crimes (Assumed Identities) Act 2004 made [insert date of order under section 10 of that Act].
THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application.
Date:
[Signed by Applicant]
*Delete if not applicable
FORM 6–14C—ORDER UNDER SECTION 10 OF CRIMES (ASSUMED IDENTITIES) ACT 2004
Rule 14.06(1)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Crimes (Assumed Identities) Act 2004
and
IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004
ORDER UNDER SECTION 10
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS:
THE COURT ORDERS THAT:
1.In accordance with section 10 of the Crimes (Assumed Identities) Act 2004, the Registrar of Births, Deaths and Marriages make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or corresponding authority within the meaning of the Crimes (Assumed Identities) Act 2004.
The particulars to be entered in the Register are as follows: [state required particulars].2.The Registrar of Births, Deaths and Marriages give effect to this order within the period of [state period within which order is to be given effect].
[Signature of Judge]
[Name of Judge]
FORM 6–14D—ORDER UNDER SECTION 12 OF CRIMES (ASSUMED IDENTITIES) ACT 2004
Rule 14.06(2)
IN THE SUPREME COURT OF VICTORIA 20 No.
AT
IN THE MATTER of the Crimes (Assumed Identities) Act 2004
and
IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004
ORDER UNDER SECTION 12
JUDGE:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]
OTHER MATTERS:
THE COURT ORDERS THAT:
1.The Registrar of Births, Deaths and Marriages cancel the entry that has been made in the Register under the Births, Deaths and Marriages Registration Act 1996 by which the following particulars were entered in that Register by the order under section 10 of the Crimes (Assumed Identities) Act 2004 dated [insert date of order and particulars which were to be entered in the Register under that order].
2.The Registrar of Births, Deaths and Marriages give effect to this order within 28 days after the date this order is made.
[Signature of Judge]
[Name of Judge]
FORM 6–15A—IDENTITY CRIME CERTIFICATE
Rule 15.01
IN THE SUPREME COURT
OF VICTORIA
AT
IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate
IDENTITY CRIME CERTIFICATE
The Supreme Court issues this identity crime certificate under section 89F of the Sentencing Act 1991.
On [date] the Court found [name of offender] guilty of an identity crime offence.
1.The identity crime offence to which this certificate relates is [specify identity crime offence and date of the offence].
2.The name of the victim of the identity crime offence is [name of victim].
*3.The Court considers the following other matters are relevant: [specify any other relevant matters, for example, address of victim, gender, date of birth]
Date:
[Signature of Judge]
*Delete if not applicable
FORM 6–15B—NOTICE TO APPEAR UNDER SECTION 89H OF SENTENCING ACT 1991
Rule 15.02
IN THE SUPREME COURT
OF VICTORIA
AT
IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate
NOTICE TO APPEAR UNDER SECTION 89H OF THE SENTENCING ACT 1991
TO: [name and address of person who prosecuted the identity crime offence which is the subject of the application]
TAKE NOTICE THAT you are directed to appear at the hearing of the application to provide assistance to the Court in relation to the application.
PARTICULARS:
1.Date of hearing:
2.Place of hearing: [address of Court]
3.The identity crime offence to which this application relates is: [specify identity crime offence]
4.The name of the victim of the identity crime offence is: [name of victim]
5.The Court found [name of offender] guilty of the identity crime offence on [date]
*6.Other relevant matters are: [specify any other relevant matters]
*7.You may appoint another person to appear on your behalf at the hearing. If you wish to do so, specify the name and contact details of that person.
Date:
[Signature]
*Delete if not applicable
FORM 6–16A—NOTICE OF APPLICATION FOR SUPPRESSION ORDER
Rule 16.02
IN THE SUPREME COURT OF VICTORIA
AT
IN THE MATTER OF:
NOTICE OF APPLICATION FOR SUPPRESSION ORDER
To: The Supreme Court of Victoria at [appropriate email address]
And to: [identify other proposed recipients of the notice]
[Applicant] gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.
*The application is the subject of an application filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].
OR
*The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].
The application is for an order in the following terms:
[Set out the proposed wording of the order to be sought].
The applicant proposes to rely upon [insert brief description of material to be relied upon]
For further information, please contact:
[Name of applicant or applicant's representative for enquiries]
Tel: [insert number]
Mobile No.: [insert number]
Email:
*Delete if not applicable.
SCHEDULE 1—REVOKED STATUTORY RULES
Rule 1.03(2)
| S.R. No. | Title |
| 12/2008 | Chapter VI of the Rules of the Supreme Court, the Supreme Court (Criminal Procedure) Rules 2008 |
| 118/2008 | Supreme Court (Chapter VI Amendment No. 1) Rules 2008 |
| 150/2008 | Supreme Court (Chapter VI Amendment No. 2) Rules 2008 |
| 98/2009 | Supreme Court (Chapter VI Amendment No. 3) Rules 2009 |
| 99/2009 | Supreme Court (Chapter VI Amendment No. 4) Rules 2009 |
| 54/2010 | Supreme Court (Chapter VI Amendment No. 5) Rules 2010 |
| 6/2011 | Supreme Court (Chapter VI Amendment No. 6) Rules 2011 |
| 120/2011 | Supreme Court (Chapter VI Amendment No. 7) Rules 2011 |
| 207/2014 | Supreme Court (Chapter VI Mental Impairment and Unfitness to be Tried Amendment) Rules 2014 |
| 39/2015 | Supreme Court (Chapter VI Judicial Registrars Amendment) Rules 2015 |
| 105/2016 | Supreme Court (Chapter I and Chapter VI Dual Commission Holder Amendments) Rules 2016 |
| 141/2016 | Supreme Court (Chapter VI Confiscation Amendment) Rules 2016 |
| 34/2017 | Supreme Court (Chapter VI Powers of Judicial Registrars Amendment) Rules 2017 |
Dated: 28 November 2017
ANNE FERGUSON, C.J.
CHRISTOPHER MAXWELL, P.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
PHILLIP PRIEST, J.A.
DAVID F. R. BEACH, J.A.
EMILIOS KYROU, J.A.
S. G. E. McLEISH, J.A.
KIM HARGRAVE, J.
ANTHONY CAVANOUGH, J.
LEX LASRY, J.
JAMES JUDD, J.
PETER VICKERY, J.
CLYDE CROFT, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN R. DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
G. J. DIGBY, J.
JAMES D. ELLIOTT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
M. J. CROUCHER, J.
CHRISTOPHER W. BEALE, J.
MICHAEL McDONALD, J.
JANE A. DIXON, J.
A. J. KEOGH, J.
MAREE KENNEDY, J.
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Supreme Court (Criminal Procedure) Rules 2017, S.R. No. 126/2017 were made on 28 November 2017 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, the Crimes Act 1958, section 69ZF of the Sentencing Act 1991, the Criminal Procedure Act 2009, section 50 of the Interpretation of Legislation Act 1984 and all other enabling powers and came into operation on 1 January 2018: regulation 1.03(1).
The Supreme Court (Criminal Procedure) Rules 2017 will sunset 10 years after the day of making on 28 November 2027 (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 Supreme Court (Criminal Procedure) Rules 2017 by statutory rules, subordinate instruments and Acts.
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Supreme Court (Appeals to the Trial Division, Judicial Review and Further Powers of Judicial Registrars Amendment) Rules 2018, S.R. No. 32/2018
Date of Making: 22.3.18 Date of Commencement: Rules 25–35 on 1.5.18: rule 3
Supreme Court (Chapters I and VI Miscellaneous Amendments) Rules 2018, S.R. No. 33/2018
Date of Making: 22.3.18 Date of Commencement: Rule 6 on 26.3.18: rule 3
Supreme Court (Chapter VI Serious Offenders Amendment) Rules 2018, S.R. No. 133/2018
Date of Making: 12.9.18 Date of Commencement: 24.9.18: rule 3
Supreme Court (Chapters I, IV and VI Further Amendment) Rules 2018, S.R. No. 168/2018
Date of Making: 17.10.18 Date of Commencement: Rules 10, 11 on 22.10.18: rule 3
Supreme Court (E-filing in Criminal Proceedings and Other Matters Amendment) Rules 2019, S.R. No. 21/2019
Date of Making: 21.3.19 Date of Commencement: Rules 4–10 on 25.3.19: rule 3
Supreme Court (Court of Appeal E-Filing and Other Amendments) Rules 2019, S.R. No. 73/2019
Date of Making: 29.8.19 Date of Commencement: Rules 15–29, 48–55 on 30.9.19: rule 3
Supreme Court (Chapter VI Second and Subsequent Appeals Amendment) Rules 2019, S.R. No. 123/2019
Date of Making: 28.11.19 Date of Commencement: 4.12.19: rule 3
Supreme Court (Chapters I and VI Suppression Orders Amendment) Rules 2021, S.R. No. 17/2021
Date of Making: 18.3.21 Date of Commencement: Rule 5 on 22.3.21: rule 3
Supreme Court (Chapters I and VI Dual Commission Holder and Joinder Amendments) Rules 2022, S.R. No. 34/2022
Date of Making: 26.5.22 Date of Commencement: Rules 6–20 on 6.6.22: rule 3
Supreme Court (DX, Address and References to the Sovereign Amendments) Rules 2023, S.R. No. 21/2023
Date of Making: 30.3.23 Date of Commencement: Rules 21, 24 on 1.4.23: rule 3
Supreme Court (Chapter VI Powers of Associate Judges and Judicial Registrars in Confiscation Matters Amendment) Rules 2024, S.R. No. 15/2024
Date of Making: 21.3.24 Date of Commencement: 1.4.24: rule 3
Supreme Court (Chapters I, V and VI Amendments) Rules 2025, S.R. No. 6/2025
Date of Making: 24.3.25 Date of Commencement: Rules 5, 6 on 31.3.25: rule 3
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3 Explanatory details
[1] Form 6−3DH: The amendment to Form 6−3DH proposed by rule 20(6)(b) of the Supreme Court (Chapters I and VI Dual Commission Holder and Joinder Amendments) Rules 2022, S.R. No. 34/2022 is not included in this publication because the words "Magistrates' Court at;" do not appear in Form 6−3DH.
Rule 20(6)(b) reads as follows:
20Order 3D Forms amended
(6)In Form 6–3DH of the Supreme Court (Criminal Procedure) Rules 2017—
(b)for "Magistrates' Court at;" substitute "Magistrates' Court";
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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