Untitled document

Supreme Court (Chapter VI Amendment No. 6) Rules 2005

S.R. No. 7/2005

TABLE OF PROVISIONS

Rule  Page

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

5.Full statement of grounds

6.Outline of submissions

7.Early hearing

8.Crown appeals

9.Form 6–2D amended

═══════════════

ENDNOTES

STATUTORY RULES 2005

S.R. No. 7/2005

Supreme Court Act 1986
Crimes Act 1958

Supreme Court (Chapter VI Amendment No. 6) Rules 2005

The Judges of the Supreme Court make the following Rules:

1.Object

The object of these Rules is to make further provision in respect of applications heard by a single Judge of Appeal under section 582 of the Crimes Act 1958.

2.Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 583 of the Crimes Act 1958 and all other enabling powers.

3.Commencement

These Rules come into operation on 1 March 2005.

4.Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 1998[1] are called the Principal Rules.

5.Full statement of grounds

For Rule 2.09(2) of the Principal Rules substitute—

"(2)Subject to Rule 2.10—

(a)within two months after filing notice of appeal or notice of application for leave to appeal otherwise than against sentence only; or

(b)if notice of application for leave to appeal against sentence only is filed and leave to appeal is granted by a Judge of Appeal under section 582 of the Act, within one month after leave to appeal is granted; or

(c)if, after leave to appeal against sentence is refused by a Judge of Appeal under section 582 of the Act, election is made by the applicant under Rule 2.08.1, within one month after election is made—

the appellant shall file and serve a full statement of the grounds on which the appellant relies or intends to rely if leave to appeal is given.

(2A)If notice of application for leave to appeal against sentence only is filed and the Registrar so directs, paragraph (2) shall fix time as if the notice were a notice of application for leave to appeal against conviction.".

6.Outline of submissions

(1)In Rule 2.09.1(3) of the Principal Rules—

(a)in sub-paragraph (a) omit "and";

(b)for sub-paragraph (b) substitute—

"(b)a summary of the proceedings thus far; and

(c)a summary of the evidence.".

(2)For Rule 2.09.1(4) and (5) of the Principal Rules substitute—

"(4)If the appellant intends to make any submission in reply to an outline of submissions served by the respondent, the appellant shall within 14 days after such service file and serve an outline of those submissions in reply.".

(3)In Rule 2.09.3(1)(b) of the Principal Rules omit "or (4)(a)".

7.Early hearing

After Rule 2.10(2) of the Principal Rules insert—

"(3)This Rule does not apply when a day is fixed for the hearing by a single Judge of Appeal of an application for leave to appeal against sentence.".

8.Crown appeals

In Rule 2.13.1(2) of the Principal Rules—

(a)for "As soon as practicable" substitute "Within seven days";

(b)after "file" insert "a copy of the notice of appeal and".

9.Form 6–2D amended

In Form 6–2D of the Principal Rules, under the heading "IMPORTANT NOTES", for notes 2, 2A and 3 substitute—

"2.If you wish the Court, on the hearing of your application, to consider your case in writing without the presentation of oral argument, you should inform the Registrar accordingly.

3.If leave to appeal against your sentence is granted then, unless otherwise directed by the Registrar or the Court—

(a)within one month after the granting of leave to appeal, you must file with the Registrar and serve on the respondent a full statement of the grounds on which you intend to rely on appeal.  This need not follow the grounds stated in your Notice of Application, but in the new document the grounds must be stated fully, precisely and in detail; and

(b)within one month after filing the full statement of grounds, you must file with the Registrar and serve on the respondent an outline of the submissions to be relied upon on the hearing of your application.

Failure to comply with either of these requirements may result in your application standing dismissed.  Any extension of time (if needed) should be sought from the Registrar before time expires.  After time expires, an extension can be granted only by the Court itself.".

Dated:    24 February 2005

M. L. WARREN, C.J.

W. F. ORMISTON, J.A.

J. M. BATT, J.A.

PETER BUCHANAN, J.A.

G. M. EAMES, J.A.

GEOFFREY NETTLE, J.A.

BERNARD G. TEAGUE, J.

P. D. CUMMINS, J.

T. H. SMITH, J.

DAVID ASHLEY, J.

JOHN COLDREY, J.

DAVID BYRNE, J.

D. L. HARPER, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

E. W. GILLARD, J.

BERNARD D. BONGIORNO, J.

D. J. HABERSBERGER, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

SIMON P. WHELAN, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

═══════════════

ENDNOTES

[1] Rule 4: S.R. No. 33/1998.  Reprint No. 2 as at 1 July 2004.