Untitled document
County Court (Chapter III Amendment No. 2) Rules 2013
S.R. No. 110/2013
TABLE OF PROVISIONS
Rule Page
PART 1—PRELIMINARY
1Objects
2Authorising provisions
3Commencement
4Principal Rules
PART 2—CHAPTER III OF THE RULES OF THE COUNTY COURT AMENDED
5New Rule 8.02 inserted
8.02Application for review of direction by Secretary
under Division 3 of Part 3C of the Sentencing
Act 1991
6Subpoena
7Form 3C amended
8Forms 5D, 5E and 5G amended
9Notice to appear under section 89H of the Sentencing
Act 199110New Form 8B inserted
Form 8B—Application under Section 83AY of the
Sentencing Act 1991 for Review of a Decision
of the Secretary
PART 3—COUNTY COURT (CHAPTER III CRIMINAL SUBPOENAS AMENDMENT) RULES 2012 AMENDED
11Proposed Form 1F amended
12Proposed Form 1G amended
13Proposed Form 1H amended
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ENDNOTES
STATUTORY RULES 2013
S.R. No. 110/2013
Criminal Procedure Act 2009
County Court Act 1958
County Court (Chapter III Amendment No. 2) Rules 2013
A majority of the Judges of the County Court makes the following Rules:
PART 1—PRELIMINARY
1Objects
The objects of these Rules are—
(a)to amend Chapter III of the Rules of the County Court—
(i)as a consequence of the commencement of section 60 of the Sentencing Amendment (Community Correction Reform) Act 2011; and
(ii)to make minor changes to certain Forms in those Rules;
(b)to amend the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012 to make minor changes to the Forms that those Rules insert into Chapter III of the Rules of the County Court.
2Authorising provisions
These Rules are made under section 419 of the Criminal Procedure Act 2009, section 78 of the County Court Act 1958 and all other enabling powers.
3Commencement
These Rules come into operation on 2 September 2013.
4Principal Rules
In these Rules, the County Court Criminal Procedure Rules 2009[1] are called the Principal Rules.
__________________
PART 2—CHAPTER III OF THE RULES OF THE COUNTY COURT AMENDED
5New Rule 8.02 inserted
After Rule 8.01 of the Principal Rules insert—
"8.02 Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991
An application under section 83AY of the Sentencing Act 1991 may be in Form 8B.".
6Subpoena
In Form 1D of the Principal Rules—
(a)for "Court Ref:" substitute "CASE No.:";
(b)for "William Street" (where twice occurring) substitute "venue]";
(c)omit "Melbourne]" (where twice occurring);
(d)for "THE QUEEN/CROWN" substitute "THE QUEEN/DIRECTOR OF PUBLIC PROSECUTIONS";
(e)for "CR-00-00000" (where six times occurring) substitute "CASE No. 00‑00000".
7Form 3C amended
In Form 3C of the Principal Rules, for "*delete if not applicable" substitute—
"LISTING OF APPEAL
This appeal is listed for hearing before the County Court at [venue] at [time] *a.m./*p.m. on [date].
Date:
*Registrar/*Deputy Registrar
*delete if not applicable".
8Forms 5D, 5E and 5G amended
In Forms 5D, 5E and 5G of the Principal Rules, for "COURT REFERENCE" substitute "CASE".
9Notice to appear under section 89H of the Sentencing Act 1991
In Form 7B of the Principal Rules, before "No." insert "CASE".
10New Form 8B inserted
After Form 8A of the Principal Rules insert—
"__________________
RULE 8.02
FORM 8B
APPLICATION UNDER SECTION 83AY OF THE SENTENCING ACT 1991 FOR REVIEW OF A DECISION OF THE SECRETARY
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
IN THE MATTER OF:
THIS FORM IS FILED ON BEHALF OF:
ADDRESS:
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
CONTACT DETAILS
(If represented, please complete the legal practitioner details below)
Contact No.: Email address:
Address for service:
o I have Legal Representation (complete below)
o I represent the applicant
o I do not have Legal Representation
Firm: Practitioner's Name:
Solicitor Code: Ref:
To the Registrar of the County Court at:
AND TO the Respondent: Community Correctional Services at
SENTENCING ORDER
On the County Court at the applicant was sentenced to a community correction order. The community correction order commences on and expires on .
DECISION ON REVIEW
On Community Correctional Services at held an Administrative Review Hearing. At the hearing a decision was made that the applicant:
* Undertake an additional hours of unpaid community work.
* Serve an extended curfew of hours per day or for a further days.
GROUNDS FOR APPLICATION
The applicant's reasons for seeking a review of the decision are:
* There was not a failure to comply with the community correction order.
* There was a reasonable excuse for failure to comply with the community correction order.
* The failure to comply with the community correction order was not sufficiently serious to give the direction.
* The curfew condition *had expired/*was completed.
* The extension to the curfew is excessive.
* The unpaid community work condition *had expired/*was completed.
* The additional hours of unpaid community work ordered is excessive.
Date: [Signature of Applicant/Applicant's
Legal Practitioner
]
LISTING OF APPLICATION
This application is listed for hearing before the County Court at at a.m./p.m. on .
Date: [Signature of Registrar/Deputy Registrar]
*Registrar/*Deputy Registrar
* delete if inapplicable".
__________________
PART 3—COUNTY COURT (CHAPTER III CRIMINAL SUBPOENAS AMENDMENT) RULES 2012 AMENDED
11Proposed Form 1F amended
(1)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012[2], in proposed Form 1F of the Principal Rules omit "Court Ref:" (where first occurring).
(2)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1F of the Principal Rules, for the words and expressions beginning "IN THE COUNTY COURT" and ending "Notice to Witness" substitute—
"SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
BETWEEN:
| *THE QUEEN/*THE DIRECTOR OF PUBLIC PROSECUTIONS | Prosecution |
AND
| ACCUSED #1 | Accused |
Notice to Witness".
(3)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1F of the Principal Rules, for the words and expressions beginning "or telephone will be used." and ending "TO: [name and address]" substitute—
"or telephone will be used.
SUBPOENA TO GIVE EVIDENCE (NEW ZEALAND)
TO: [name and address]".
(4)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1F of the Principal Rules, for "THE QUEEN/CROWN" substitute "THE QUEEN/DIRECTOR OF PUBLIC PROSECUTIONS".
(5)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1F of the Principal Rules, for "CR-00-00000" (where six times occurring) substitute "CASE No.-00-00000".
12Proposed Form 1G amended
(1)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, omit "Court Ref:" (where first occurring).
(2)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, for the words and expressions beginning "IN THE COUNTY COURT" and ending "Notice to Witness" substitute—
"SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)
CASE No.:
IN THE COUNTY COURT
OF VICTORIA
AT
BETWEEN:
| *THE QUEEN/*THE DIRECTOR OF PUBLIC PROSECUTIONS | Prosecution |
AND
| ACCUSED #1 | Accused |
Notice to Witness".
(3)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, for the words and expressions beginning "or telephone will be used." and ending "TO: [name and address]" substitute—
"or telephone will be used.
SUBPOENA TO PRODUCE DOCUMENTS (NEW ZEALAND)
TO: [name and address]".
(4)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, for "THE QUEEN/CROWN" substitute "THE QUEEN/DIRECTOR OF PUBLIC PROSECUTIONS".
(5)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1G of the Principal Rules, for "CR-00-00000" (where six times occurring) substitute "CASE No.-00-00000".
13Proposed Form 1H amended
(1)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1H of the Principal Rules omit "Court Ref:" (where first occurring).
(2)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1H of the Principal Rules, for the words and expressions beginning "or telephone will be used." and ending "TO: [name and address]" substitute—
"or telephone will be used.
SUBPOENA TO GIVE EVIDENCE AND PRODUCE DOCUMENTS (NEW ZEALAND)
TO: [name and address]".
(3)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1H of the Principal Rules, for "THE QUEEN/CROWN" substitute "THE QUEEN/DIRECTOR OF PUBLIC PROSECUTIONS".
(4)In Rule 9 of the County Court (Chapter III Criminal Subpoenas Amendment) Rules 2012, in proposed Form 1H of the Principal Rules, for "CR-00-00000" (where six times occurring) substitute "CASE No.-00-00000".
Dated: 27 August 2013
| C. D. DOUGLAS | P. D. GRANT |
| G. R. ANDERSON | D. A. PARSONS |
| J. R. BOWMAN | S. E. PULLEN |
| G. G. HICKS | A. J. HOWARD |
| M. E. SEXTON | M. D. MURPHY |
| F. E. HOGAN | M. E. KENNEDY |
| E. M. GAYNOR | C. M. O'NEILL |
| R. F. PUNSHON | P. G. MISSO |
| W. A. WILMOTH | K. L. BOURKE |
| F. MILLANE | P. M. E. WISCHUSEN |
| S. S. DAVIS | P. G. LACAVA |
| F. P. HAMPEL | F. R. GUCCIARDO |
| J. G. MORRISH | P. M. TAFT |
| M. A. GAMBLE | J. F. CARMODY |
| H. T. MASON | R. J. H. MAIDMENT |
| K. E. KINGS | R. H. SMITH |
| J. D. MONTGOMERY | W. E. STUART |
| J. L. PARRISH | J. A. JORDAN |
| M. H. TINNEY | C. J. RYAN |
| G. T. CANNON | G.F. MEREDITH |
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ENDNOTES
[1] Rule 4: S.R. No. 183/2009 as amended by S.R. Nos 31/2011, 95/2012 and 104/2012.
[2] Rule 11(1): S.R. No. 95/2012.
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