Victorian Consolidated Regulations

COUNTY COURT CRIMINAL PROCEDURE RULES 2019

TABLE OF PROVISIONS

   ORDER 1—PRELIMINARY

   1.01.   Object  
   1.02.   Title  
   1.03.   Authorising provisions  
   1.04.   Commencement  
   1.05.   Definitions  
   1.06.   Effect of noncompliance  
   1.07.   Legal practitioner to notify that legal practitioner acts  
   1.07.1. Notifications under Rule 1.07 in proceeding that comes from Magistrates' Court or Children's Court  
   1.08.   General applications  
   1.08.1. Filed documents not open for inspection  
   1.09.   Subpoenas  
   1.09.1. Subpoenas under Trans-Tasman Proceedings Act 2010 of the Commonwealth  
   1.10.   Service of summons  
   1.11.   Service generally  
   1.12.   Orders must be recorded  
   1.13.   Commonwealth DPP  
   1.14.   Application of Chapter I  
   1.15.   Revocation  

   ORDER 2—TRIAL ON INDICTMENT

   2.01.   Definition  
   2.01.1. Application of this Order  
   2.02.   Filing an indictment  
   2.03.   Notice to accompany copy indictment—no legal practitioner representing accused  
   2.04.   Summons or warrant when direct indictment filed  
   2.05.   Notice of discontinuance  
   2.06.   Pre-trial conferences and directions hearings  
   2.07.   Notice of alibi  
   2.08.   Application for order for taking evidence from a witness before trial  
   2.09.   Recording of date of arraignment  
   2.10.   Notice of intention to plead guilty to remaining charges in indictment  
   2.11.   Transfer of charge for unrelated summary offence  
   2.12.   Interlocutory appeals  

   ORDER 2A—JUDICIAL REGISTRARS

   PART 1--PRELIMINARY

   2A.1.   Definitions  

   PART 2--POWERS UNDER THE CRIMINAL PROCEDURE ACT 2009

           Division 1--Trials

   2A.2.   Pre-trial hearings  
   2A.3.   Restrictions relating to bail and remand at pre-trial hearings  
   2A.4.   Hearings during trial  

           Division 2--Appeals

   2A.5.   Appeal by offender  
   2A.6.   Appeal by DPP against sentence  
   2A.7.   Appeal by DPP—failure to fulfil undertaking  
   2A.7A.  Appeal by offender—striking out appeal on repeated failure to appear  
   2A.7B.  Appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing  
   2A.7C.  Appeal by offender or DPP—withdrawal of charges on appeal  
   2A.7D.  Application for leave to appeal  
   2A.8.   Costs  

           Division 3--Criminal proceedings generally

   2A.9.   Excusing attendance and adjourning proceedings  

   PART 3--POWERS UNDER OTHER ACTS

   2A.10.  Appeal Costs Act 1998—indemnity certificates  
   2A.11.  Bail Act 1977  
   2A.12.  Children, Youth and Families Act 2005—appeal by offender  
   2A.13.  Children, Youth and Families Act 2005—appeal by DPP against sentence  
   2A.14.  Children, Youth and Families Act 2005—appeal by DPP—failure to fulfil undertaking  
   2A.14A. Children, Youth and Families Act 2005—appeal by offender—striking out appeal on repeated failure to appear  
   2A.14B. Children, Youth and Families Act 2005—appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing  
   2A.14C. Children, Youth and Families Act 2005—appeal by offender or DPP—withdrawal of charges on appeal  
   2A.14D. Children, Youth and Families Act 2005—application for leave to appeal  
   2A.15.  Children, Youth and Families Act 2005—bringing accused or appellant before the Court  
   2A.16.  Crimes (Mental Impairment and Unfitness to be Tried) Act 1997  
   2A.17.  Evidence (Miscellaneous Provisions) Act 1958  
   2A.18.  Family Violence Protection Act 2008—appeals  
   2A.19.  Open Courts Act 2013—proceedings to which these Rules relate  
   2A.20.  Open Courts Act 2013—criminal proceedings only  
   2A.21.  Personal Safety Intervention Orders Act 2010—appeals  

   PART 4--POWERS UNDER STATUTORY RULES

   2A.22.  Chapter I of the Rules of the County Court—subpoenas  
   2A.23.  Regulations under the Corrections Act 1986—bringing accused or appellant before the Court  

   PART 5--REFERRAL BY COURT CONSTITUTED BY JUDGE

   2A.24.  Referral to judicial registrar  
   2A.25.  Judicial registrar may constitute the Court on a referral  
   2A.26.  Delegation of powers to judicial registrar on a referral  
   2A.27.  Referral back to Court constituted by Judge  

   PART 6--MISCELLANEOUS

   2A.28.  Exercise of powers without oral hearing  
   2A.29.  Review by Judge of judicial registrar determinations  
   2A.30.  Judicial registrar may act for another  

   ORDER 3--—APPEALS TO COUNTY COURT UNDER PART 6.1 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009

   3.01.   Definition  
   3.01.1. Application of this Order  
   3.02.   Notice of appeal by offender  
   3.03.   Appeals by DPP against sentence or failure to fulfil undertaking  
   3.04.   Registrar to fix date or hearing of appeal  
   3.05.   Abandonment of appeal  
   3.06.   Written notice of abandonment of appeal—conviction only  
   3.07.   Application to set aside an order striking out appeal for failure to appear  
   3.08.   Recording and notification of result of appeal  

   ORDER 4—APPEALS TO COUNTY COURT FROM CHILDREN'S COURT

   4.01.   Application of this Order  
   4.02.   Notice of appeal by offender  
   4.03.   Appeals by DPP against sentence  
   4.03.1. Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997  
   4.04.   Registrar to fix date or hearing of appeal  
   4.05.   Abandonment of appeal  
   4.06.   Written notice of abandonment of appeal—conviction only  
   4.07.   Application to set aside an order striking out appeal for failure to appear  
   4.08.   Recording and notification of result of appeal  

   ORDER 5—FINE ENFORCEMENT

   PART 1--SENTENCING ACT 1991

   5.01.   Proper officer  
   5.02.   Application  
   5.03.   Stay of enforcement or execution  
   5.04.   Consideration of application  
   5.05.   Order and notice  
   5.06.   Enforcement of fine against a natural person  
   5.07.   Enforcement of fine against body corporate  
   5.08.   Bail—undertaking to attend  
   5.09.   Warrant of commitment  

   PART 2--SHERIFF ACT 2009

   5.10.   Application for reinstatement of certain money warrants  
   5.11.   Filing and service of summons  

   ORDER 5A—EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958

   5A.01.  Application of Order  
   5A.02.  Form of notice of application for leave  
   5A.03.  Form of notice to protected person  
   5A.04.  Declaration by proposed recipient of subpoena  
   5A.05.  Disposal of documents produced by proposed recipient of subpoena  

   ORDER 6—MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004

   6.01.   Definition  
   6.02.   Application to determine legal professional privilege  
   6.03.   Warrant for arrest  
   6.04.   Filing for documents  

   ORDER 7—IDENTITY CRIME

   7.01.   Identity crime certificate  
   7.02.   Notice to prosecutor to assist  

   ORDER 8—COMMUNITY CORRECTION ORDERS

   8.01.   Application to deal with community correction order under section 48M of the Sentencing Act 1991  
   8.02.   Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991  

   ORDER 9—OPEN COURTS ACT 2013

   9.01.   Definitions  
   9.02.   Notice of application for suppression order  

   ORDER 10—SEX OFFENDERS REGISTRATION ACT 2004

   10.01.  Definitions  
   10.02.  Application for registration exemption order  

   ORDER 11—SERIOUS OFFENDERS ACT 2018

   11.01.  Definition  
   11.02.  Application of Order  
   11.03.  Application for supervision order and renewal of supervision order  
   11.04.  Supervision order  
   11.05.  Notice of application for declaration that a condition is a restrictive condition  
   11.06.  Notice of application to extend intensive treatment and supervision condition  
   11.07.  Notice of application for interim supervision order and extension of interim supervision order  
   11.08.  Interim supervision order and order extending interim supervision order  
   11.09.  Notice of application for review of orders  
   11.10.  Application for leave to review supervision order  
   11.11.  Notice of application for review of conditions of supervision order or interim supervision order  
   11.12.  Notice of application for review of intensive treatment and supervision condition  
   11.13.  Order for a person to attend for examination  
   11.14.  Notice of intention to dispute report  
   11.15.  Filing of documents  

   ORDER 12--—PROCEDURE UNDER THE VEXATIOUS PROCEEDINGS ACT 2014

   12.01.  Definitions  
   12.02.  Application for leave to proceed under limited litigation restraint order  
   12.03.  Application for leave to proceed under extended litigation restraint order  
   12.04.  Application for leave to proceed under general litigation restraint order  
   12.05.  Notice of application for leave to proceed  
           SCHEDULE
           ENDNOTES