Untitled document
Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015
S.R. No. 113/2015
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Infringements Court
6New Form 1 substituted
7New Forms 3, 4 and 5 substituted
8New Form 6 substituted
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Endnotes
STATUTORY RULES 2015
S.R. No. 113/2015
Magistrates' Court Act 1989
Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
1Object
The object of these Rules is to amend the Magistrates' Court Criminal Procedure Rules 2009—
(a)to prescribe the venue of the Infringements Court; and
(b)to make minor amendments to the forms prescribed under those Rules that relate to commencing a criminal proceeding and the form that must be included in a process or other document specified in Rule 12 of those Rules.
2Authorising provisions
These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.
3Commencement
These Rules come into operation on 12 October 2015.
4Principal Rules
In these Rules, the Magistrates' Court Criminal Procedure Rules 2009[1] are called the Principal Rules.
5Infringements Court
(1)In rule 94 of the Principal Rules, for "121 Exhibition Street Melbourne."
substitute"either of the following—".
(2)At the end of rule 94 of the Principal Rules insert—
"(a)80 Collins Street Melbourne;
(b)277 William Street Melbourne.".
6New Form 1 substituted
For Form 1 of the Principal Rules substitute—
"FORM 1
Rule 11
CHARGE-SHEET
Date of hearing: ...../...../......
Details of accused
Name:
Gender:
Date of birth: ...../...../.....
Mobile phone number:
Email address:
Registration number of vehicle: State registered:
Driver licence number: State issued:
To the accused:
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
1. What is the charge?
(Description of offence)
| Act or | Section or Clause | |||
| Under what law? | o State | o Act | Regulation No. | (Full Ref.) |
| o Commonwealth | o Regulation | |||
| o Other— specify | ||||
| Are there more charges? | o No | o Yes—see 2 below | ||
| Type of offence | o Summary offence | o Indictable offence | ||
| Request for committal proceeding | o No | o Yes | ||
2. What is the charge?
(Description of offence)
| Act or | Section or Clause | |||
| Under what law? | o State | o Act | Regulation No. | (Full Ref.) |
| o Commonwealth | o Regulation | |||
| o Other— specify | ||||
| Are there more charges? | o No | o Yes—see "Continuation of Charges" attached | ||
| Type of offence | o Summary offence | o Indictable offence | ||
| Request for committal proceeding | o No | o Yes | ||
Who filed the charge-sheet(s)?
Name of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:".
7New Forms 3, 4 and 5 substituted
For Forms 3, 4 and 5 of the Principal Rules substitute—
"FORM 3
Rule 11
CHARGE-SHEET AND SUMMONS
Details of accused
Name:
Gender:
Date of birth: ...../...../.....
Mobile phone number:
Email address:
Registration number of vehicle: State registered:
Driver licence number: State issued:
To the accused:
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
What is the charge?
(Description of offence)
| Act or | Section or Clause | |||
| Under what law? | o State | o Act | Regulation No. | (Full Ref.) |
| o Commonwealth | o Regulation | |||
| o Other— specify | ||||
| Are there more charges? | o No | o Yes—see "Continuation of Charges" attached | ||
| Type of offence | o Summary offence | o Indictable offence | ||
| Request for committal proceeding | o No | o Yes | ||
Who filed the charge-sheet(s)?
Name of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
Where will the case be heard?
The Magistrates' Court at [venue]
Address Phone
When Time Day Month Year
Details about this summons
Issued at:
Date:
Registrar:
Magistrate:
Police officer:
Prescribed person:
FORM 4
Rule 11
CHARGE-SHEET AND SUMMONS
(CORPORATE ACCUSED)
Details of corporate accused
Name of corporate accused:
Mobile phone number:
Email address:
Registration number of vehicle: State registered:
Driver licence number: State issued:
To the corporate accused:
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
What is the charge?
(Description of offence):
If you do not appear in answer to a summons and the charge is an indictable offence that may be determined summarily the Magistrates' Court may hear and determine the charge in your absence.
If you do not appear in answer to a summons for an indictable offence the Magistrates' Court may conduct a committal proceeding in your absence.
| Act or | Section or Clause | |||
| Under what law? | o State | o Act | Regulation No. | (Full Ref.) |
| o Common- wealth | o Regulation | |||
| o Other— specify | ||||
| Are there more charges? | o No | o Yes—see "Continuation of Charges" attached | ||
| Type of offence | o Summary offence | o Indictable offence | ||
| Request for committal proceeding | o No | o Yes | ||
Who filed the charge-sheet(s)?
Name of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
Where will the case be heard?
The Magistrates' Court at [venue]
Address Phone
When Time Day Month Year
Details about this summons
Issued at:
Date:
Registrar:
Magistrate:
Police officer:
Prescribed person:
FORM 5
Rule 11
CHARGE-SHEET AND WARRANT TO ARREST
Details of accused
Name of accused:
Gender:
Date of birth: ...../...../.....
Mobile phone number:
Email address:
Registration number of vehicle: State registered:
Driver licence number: State issued:
To the accused:
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
What is the charge?
(Description of offence):
| Act or | Section or Clause | |||
| Under what law? | o State | o Act | Regulation No. | (Full Ref.) |
| o Common- wealth | o Regulation | |||
| o Other— specify | ||||
| Type of offence | o Summary offence | o Indictable offence | ||
| Request for committal proceeding | o No | o Yes | ||
Who filed charge-sheet(s)?
Name of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Charge-sheet filed at:
Date:
Request for Issue of a Warrant to Arrest
I apply for the issue of a warrant to arrest on the following grounds:
Warrant to arrest
To all police officers:
You are authorised to break, enter and search any place where the person named in this warrant is suspected to be, to arrest that person and bring him or her before a Bail Justice or the Court as soon as practicable to be dealt with according to law or cause the person to be released on bail in accordance with the endorsement on this warrant.
I am satisfied by the evidence before me that a Warrant should be issued on the following grounds:
o it is probable the person will not answer a summons
o the person has absconded or is likely to abscond
o the person is avoiding the service of a summons
o the warrant is o required o authorised by another Act namely
o other
Issued at Date
Before
Registrar
Magistrate".
8New Form 6 substituted
For Form 6 of the Principal Rules substitute—
"FORM 6
Rule 12
DO NOT IGNORE THIS NOTICE
Do not ignore this notice.
If you do not understand this notice, you should get someone to interpret it for you immediately.
The Court will not provide written notification of listing dates.
To receive electronic notification of listing dates, please ensure your mobile phone number and/or email address are kept updated with the Court.
Seek legal advice.
A legal practitioner can help you decide what steps you need to take.
For free legal information or to speak to a legal practitioner call:
Victoria Legal Aid [insert telephone number]
Federation of Community Legal Centres to find the centre closest to you [insert telephone number]
Victoria Aboriginal Legal Service [insert telephone number]
(Information to the effect of this advice to be printed in English, Arabic, Cambodian, Chinese, Greek, Italian, Polish, Russian, Spanish, Turkish and Vietnamese languages.)".
Dated: 6 October 2015
PETER LAURITSEN,
Chief MagistrateBARRY BRAUN,
Deputy Chief MagistrateDANIEL JOHN MULING,
Deputy Chief Magistrate
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Endnotes
[1] Rule 4: S.R. No. 181/2009. Reprint No. 1 as at 4 December 2014. Reprinted to S.R. No. 203/2014.
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