STATUTORY RULES.
1915. No. 72.
HIGH COURT OF AUSTRALIA.
Principal Registry,
Melbourne, 12th May, 1915.
WE certify that by reason of urgency the following Rules should come into immediate operation.
S. W. GRIFFITH, C.J.
HY. B. HIGGINS, J.
FRANK GAVAN DUFFY, J.
G. E. RICH, J.
RULES OF COURT.
As of Wednesday, the 12th day of May, a.d. 1915.
It is ordered as follows:—
CRIMINAL PRACTICE.
Proceedings upon Indictments filed without previous Examination or Commitment for Trial.
Service of indictment.
1. When an indictment has been filed by the Attorney-General without examination or commitment for trial, an office copy thereof shall be served upon the accused person, upon which copy there must be indorsed a summons, under the hand of the Registrar and seal of the Court, requiring him to appear to the indictment within the same time after service within which he would be required to enter an appearance after service of a writ in a civil action. Such summons shall be indorsed upon the office copy whether a warrant for arrest is or is not granted. A notice shall be added to the summons informing the accused person that in default of his compliance with the exigency thereof a warrant may be issued for his arrest.
Evidence for warrant.
2. An application for a warrant to arrest the accused must be supported by affidavit.
Form of warrant.
3. The warrant shall be addressed to the Marshal and shall require him to keep the accused in safe custody until the time appointed for the trial of the indictment, and then to bring him before the Court at the time and place appointed for such trial.
Service of indictment.
4. An office copy of the indictment indorsed as aforesaid must be delivered to the accused at the time of arrest.
C.6095.—Price 3d.
Applications for bail.
5. Applications for bail shall be made to a Justice sitting in Chambers.
Appearance.
6. The accused person is required, within the time limited by the summons, to enter an appearance in the Registry named in the summons in that behalf, and to deliver a copy thereof forthwith at the office of the Crown Solicitor for the Commonwealth, or his agent, in the State in which that Registry is situated.
The appearance shall state the address of the accused person. Any notice required to be given to him may be given to him at such address.
Default of appearance.
7. If the accused person does not enter an appearance a warrant may be issued for his arrest.
Time and place of trial.
8. When the accused person enters an appearance, either party may, on notice to the other party, apply to a Justice to appoint the time and place of trial, of which notice is to be given to the accused person.
(L.S.) | S. W. GRIFFITH, C. J. HY. B. HIGGINS, J. FRANK GAVAN DUFFY, J. G. E. RICH, J. |
J. W. O’HALLORAN,
Principal Registrar
Printed and published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The High Court of Australia Rules, enacted in 1915, were established to provide procedural guidelines for the operation of the High Court of Australia. The urgency of these rules was recognised by the Chief Justice and the Justices of the High Court, necessitating their immediate implementation. This legislative instrument aims to streamline the process of criminal proceedings under the High Court, particularly focusing on the handling of indictments filed without prior examination or commitment for trial. The rules cover the service of indictments, applications for warrants and bail, and the appearance of the accused, ensuring a structured and timely approach to criminal justice within the High Court. The policy objective underlying these rules is to enhance the efficiency and fairness of criminal proceedings in the federal judicial system.
Scope and Application
The Rules of Court, as outlined in Statutory Rules 1915 No. 72, pertain to the administration of criminal practice within the High Court of Australia, specifically concerning proceedings upon indictments filed without prior examination or commitment for trial. These rules apply to the accused persons in criminal cases who are to be indicted directly without a preliminary examination, establishing a streamlined process for their arrest and trial. The jurisdictional reach of these rules is national, as they are enacted by the High Court of Australia, the apex judicial body of the Commonwealth. The rules establish procedures for the service of indictments, the issuance of arrest warrants, and the application for bail, ensuring that the rights of the accused are protected while expediting the judicial process. The application of these rules is further extended and refined through subordinate instruments that may detail specific procedural aspects or jurisdictional nuances.
Key Provisions
The Rules of Court, specifically focusing on criminal practice and the proceedings on indictments filed without prior examination or commitment for trial, establish several key procedural steps. Section 1 mandates that when an indictment is filed without examination or commitment, an office copy must be served on the accused, along with a summons requiring them to appear within the same time frame as if served with a writ in a civil action. This summons must be signed by the Registrar and bear the Court's seal, regardless of whether an arrest warrant is granted. Additionally, a notice must be added to the summons, indicating that failure to comply may result in an arrest warrant. Section 2 requires that any application for an arrest warrant must be supported by an affidavit. The warrant, detailed in Section 3, must be addressed to the Marshal and instruct them to keep the accused in safe custody until the trial's appointed time, then to bring the accused before the Court.
These provisions impose specific obligations on the parties involved. For example, the accused must be served with the office copy of the indictment and the summons, as outlined in Section 1. The accused is required to enter an appearance within the specified time limit, as stated in Section 6. This appearance must include the accused's address, which will be used for any required notices. Furthermore, if the accused does not enter an appearance within the stipulated time, a warrant may be issued for their arrest, as per Section 7. The time and place of the trial must be appointed by a Justice, with notice given to the accused, as indicated in Section 8.
Violations of these provisions can result in legal consequences. For instance, failure to enter an appearance as required by Section 6 may lead to the issuance of an arrest warrant, as mentioned in Section 7. Additionally, any neglect to comply with the summons or the requirements of the warrant could be seen as contempt of court. Although specific penalties are not detailed within these sections, general contempt of court carries potential penalties, including fines and imprisonment, as outlined in the broader legal framework governing such matters.