Untitled document

Magistrates' Court (Committals) Amendment Rules 2008

S.R. No. 83/2008

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Rule 12.01 revoked

6Substitution of Rule 12.02

12.02Caution to be given to person charged

7New Rule 12.03.1 inserted

12.03.1Plea caution

8Hand-up brief

9Case direction notice

10Revocation of Form 12A

11Caution to be given to person charged

12New Form 12D inserted

Form 12D—Plea caution

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 83/2008

Magistrates' Court Act 1989

Magistrates' Court (Committals) Amendment Rules 2008

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 (Committals) Rules 1999 to make further provision for cautions and pleas in criminal proceedings and other minor matters.

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 1 July 2008.

4Principal Rules

In these Rules the Magistrates' Court (Committals) Rules 1999[1] are called the Principal Rules.

5Rule 12.01 revoked

Rule 12.01 of the Principal Rules is revoked.

6Substitution of Rule 12.02

For Rule 12.02 of the Principal Rules substitute—

"12.02   Caution to be given to person charged

For the purposes of clause 23(2)(b)(i) of Schedule 5 to the Act and as provided by section 398 of the Crimes Act 1958, the caution set out in section 398 of the Crimes Act 1958 and in form 12B may be used by the Court.".

7New Rule 12.03.1 inserted

After Rule 12.03 of the Principal Rules insert—

"12.03.1   Plea caution

For the purposes of clause 24(1)(aa) of Schedule 5 to the Act, the Court may inform the defendant by using the manner of caution set out in Form 12D.".

8Hand-up brief

In Form 7 to the Principal Rules—

(a)in paragraph (a) under the heading DISCUSSION OF ISSUES WITH THE PROSECUTOR, omit ", or to reserve your plea";

(b)in paragraph (c) under the heading THE COMMITTAL MENTION HEARING, for "Supreme Court)." substitute "Supreme Court);";

(c)after paragraph (c) under the heading THE COMMITTAL MENTION HEARING insert—

"(d)if the Court decides that you should be tried by a judge and jury in the County Court or Supreme Court, ask you whether or not you plead guilty or not guilty to the charge or charges against you.".

9Case direction notice

In clause 1 of Form 10A to the Principal Rules, omit "* Reserved/".

10Revocation of Form 12A

Form 12A to the Principal Rules is revoked.

11Caution to be given to person charged

In Form 12B to the Principal Rules, for "(Section 398 of the Crimes Act 1958)" substitute "(clause 23(2)(b)(i) of Schedule 5 to the Magistrates' Court Act 1989 and section 398 of the Crimes Act 1958)".

12New Form 12D inserted

After Form 12C to the Principal Rules insert—

"FORM 12D

Rule 12.03.1

PLEA CAUTION

(clause 24(1)(aa) of Schedule 5 to the Magistrates' Court Act 1989)

You may plead guilty or not guilty.  If you plead guilty to all the charges or some of the charges today or at any time before or during your trial, the sentencing judge may take into account whether you pleaded guilty and the stage in the proceedings at which you pleaded guilty or indicated an intention to plead guilty. It is also your right to plead not guilty to all of the charges or some of them.  Whatever you say will be recorded and may be given in evidence if you appear before a judge.  Are you guilty or not guilty?".

Dated:      27 June 2008

IAN L. GRAY,

Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 97/1999.  Subsequently amended by S.R. Nos 150/1999, 58/2001 and 56/2007.