Untitled document

Supreme Court (Chapter VI Judicial Registrars Amendment) Rules 2015

S.R. No. 39/2015

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Authentication

6New Part 3 of Order 4 inserted

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Endnotes

STATUTORY RULES 2015

S.R. No. 39/2015

Supreme Court Act 1986
Constitution Act 1975

Supreme Court (Chapter VI Judicial Registrars Amendment) Rules 2015

The Judges of the Supreme Court make the following Rules:

1Object

The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court to provide for the performance of certain functions and the exercise of certain powers by judicial registrars in criminal proceedings in the Trial Division of the Court.

2Authorising provisions

These Rules are made under section 75A(5) of

the Constitution Act 1975, sections 17AA, 25 and 113M of the Supreme Court Act 1986 and all other enabling powers.

3Commencement

These Rules come into operation on 1 June 2015.

4Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 2008[1] are called the Principal Rules.

5Authentication

In Rule 1.13(2) of the Principal Rules, after "Judge of the Court" insert ", an Associate Judge or a judicial registrar, as the case requires,".

6New Part 3 of Order 4 inserted

After Part 2 of Order 4 of the Principal Rules insert—

"PART 3—AUTHORITY OF JUDICIAL REGISTRARS UNDER THESE RULES

4.15Authority of judicial registrar at directions hearings

(1)Without limiting any other powers of a judicial registrar, a judicial registrar may, subject to this Order, conduct directions hearings under Division 1 of Part 5.5 of the Criminal Procedure Act 2009.

(2)The judicial registrar may conduct a directions hearing with the parties separately if the accused is not represented and is in custody.

(3)Subject to this Order, a judicial registrar may, at a directions hearing, exercise the powers of the Court under section 181 of the Criminal Procedure Act 2009.

4.16Limitations on authority of judicial registrar

Despite Rule 4.15, a judicial registrar does not have authority, at a directions hearing or otherwise, to exercise the power of the Court—

(a)under section 180 of the Criminal Procedure Act 2009 to arraign the accused;

(b)under section 181(2)(i) of that Act to determine any objection to the disclosure of information or material by the prosecution;

(c)under section 181(2)(k) of that Act to determine an application for a sentence indication; or

(d)under section 181(3) of that Act to make any order or other decision referred to in that subsection.

4.17Further authority of judicial registrars

(1)Without limiting any other powers of a judicial registrar, a judicial registrar may, subject to this Order—

(a)grant an application to extend the bail of an accused, if the application is unopposed;

(b)hear and determine an application to shorten the return date of, or the time for compliance with, a subpoena in a proceeding to which these Rules apply.

(2)For the avoidance of doubt, a judicial registrar does not have authority—

(a)to hear and determine an application for the revocation of bail;

(b)to hear and determine a contested application for bail;

(c)to vary any condition of bail, including where the application to vary is unopposed; or

(d)to remand an accused.

4.18Judicial registrar may constitute Trial Division of Court

In the case of a matter within the authority of a judicial registrar under this Part—

(a)the judicial registrar constitutes the Trial Division of the Court; and

(b)all the powers of the Trial Division of the Court to hear and determine such a matter are delegated to the judicial registrar.

4.19Appeal from determination by a judicial registrar under this Part

(1)In this Rule, a reference to a determination includes a reference to a direction or an order.

(2)This Rule applies to any determination given or made by the Trial Division of the Court constituted by a judicial registrar under this Part.

(3)For the purposes of section 113M of the Supreme Court Act 1986, an appeal from any determination to which this Rule applies lies to the Trial Division constituted by a Judge of the Court.

(4)An appeal under this Rule shall be conducted by way of hearing de novo.

(5)Rules 84.05(5) to 84.12 of Chapter I apply, with any necessary modification, to an appeal under this Rule.

4.20Judicial registrar may act for another

If circumstances so require, a judicial registrar may hear and determine an application or a matter instead of the judicial registrar by whom it would otherwise be heard and determined.".

Dated:    28 May 2015

M. L. WARREN, C.J.

CHRISTOPHER MAXWELL, P.

MARK WEINBERG, J.A.

SIMON P. WHELAN, J.A.

J. G. SANTAMARIA, J.A.

DAVID F. R. BEACH, J.A.

EMILIOS KYROU, J.A.

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

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

ROSS ROBSON, J.

KARIN EMERTON, J.

CLYDE CROFT, J.

C. MACAULAY, J.

G. J. DIGBY, J.

T. J. GINNANE, J.

MELANIE SLOSS, J.

J. T. RUSH, J.

JOANNE CAMERON, J.

RITA ZAMMIT, J.

P. J. RIORDAN, J.

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Endnotes

[1] Rule 4: S.R. No. 12/2008. Reprint No. 2 as at 26 March 2015. Reprinted to S.R. No. 207/2014.