Victorian Consolidated Regulations

MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2019

TABLE OF PROVISIONS

   ORDER 1—PRELIMINARY

   1.      Title and object  
   2.      Authorising provisions  
   3.      Commencement  
   4.      Revocations  
   5.      Overriding objective  
   6.      Definitions  
   7.      Proper officers  
   8.      Interpretation and application  
   9.      Non-compliance  
   10.     Content and form of documents  
   11.     Stamping of filed documents  
   12.     Procedure under the Vexatious Proceedings Act 2014  

   ORDER 2—CRIMINAL PROCEDURE

   PART 1--COMMENCING A PROCEDURE

   13AA.   Electronic filing of charge-sheet  
   13.     Prescribed forms for commencing a criminal proceeding  
   14.     Information to be included in process served  
   15.     Affidavit of service  
   16.     Form of notice to appear and filing  
   17.     When the Court directs that a person be prosecuted for contempt  

   PART 2--CASE MANAGEMENT AND DISCLOSURE

   18.     Pre-hearing disclosure notice  
   19.     Preliminary brief prescribed notice  
   20.     Full brief prescribed notice  

   PART 3--APPLICATIONS, ORDERS AND NOTICES

   21.     Adjournment of a proceeding by a registrar  
   22.     Summary case conference  
   23.     Request for contested summary hearing  
   25.     Registrar or judicial registrar may dispense with summary case conference requirement  
   26.     Witness summons in a criminal proceeding  
   27.     Subpoenas relating to confidential communications and protected health information  
   27A.    Notice to protected person  
   28.     Notice of alibi  
   29.     Objection to production and inspection of protected documents and things  
   30.     Case abridgement application  
   31.     Issuing of certificate to a victim of identity crime  
   32.     Caution to be given to person charged  
   33.     Certifying payment to Crown witness  
   34.     Registration exemption orders  
   35.     Application for rehearing  

   PART 4--ADJOURNMENT OF CRIMINAL PROCEEDINGS

   36.     Request for adjournment  
   40.     Dispensing with compliance  

   ORDER 3—WARRANTS

   41.     Form of a warrant to arrest and issue for non‑appearance of the accused  
   42.     Form of a search warrant  
   43.     Form of a remand warrant  
   44.     Form of a warrant to imprison  
   45.     Form of a warrant to imprison for unpaid fines  
   46.     Warrant to seize property application  
   47.     Execution of warrant to seize property  
   48.     Application of Supreme Court rules, practice and procedure  

   ORDER 4—COMMITTAL PROCEEDING

   PART 1--APPEARANCE

   49.     Notice of appearance  
   50.     Prosecution to provide relevant contact details  
   51.     Legal practitioner ceasing to act  

   PART 2--SERVICE

   52.     Mode of service  
   53.     Copy of document served by electronic communication to be provided upon request  

   PART 4--COMPULSORY EXAMINATION PROCEDURE

   55.     Form of application  
   56.     Form of notice of order  

   PART 5--PRE-HEARING DISCLOSURE

   57.     Notice and list of information or other documents to accompany hand-up brief  
   58.     Application to permit accused to be absent from committal hearing  

   PART 6--CASE DIRECTION

   59.     Prescribed form of case direction notice  

   PART 7--COMMITTAL MENTION AND CASE CONFERENCE

   60.     Notice of committal proceeding  
   61.     Application to Court to fix a longer period for the holding of a committal mention hearing  
   62.     Committal checklist  
   63.     Closing of a committal case conference  

   PART 8--COMMITTAL HEARING

   64.     Application for a joint committal  
   65.     Caution to be given to person charged  

   PART 9--DETERMINATION OF COMMITTAL PROCEEDING

   66.     Notice of election to stand trial  
   67.     Committal caution  
   68.     Alibi caution  
   69.     Legal aid warning  

   PART 10--GENERAL

   70.     Applications for summary hearing of indictable offences  
   71.     Form of application  
   72.     Filing of application  
   73.     Service of application  
   74.     Application for a special mention hearing  
   75.     Parties may request registrar to cancel a special mention hearing  
   76.     Statements prepared in another jurisdiction  

   ORDER 5—APPEALS

   PART 1--APPEALS TO THE COUNTY COURT AND SUPREME COURT UNDER PART 6.1 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009

   77.     Definition  
   78.     Procedure on appeal from Magistrates' Court to appropriate court  
   79.     Recall and cancel process when an application for a stay is granted  
   80.     Application for leave following late filing of appeal to the appropriate court  
   81.     Application to set aside an order striking out an appeal in the appropriate court  

   PART 2--APPEALS TO THE SUPREME COURT UNDER PART 6.2 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009

   82.     Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law  
   83.     When the Supreme Court stays a Magistrates' Court order  
   84.     When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court  

   ORDER 6—AUTHENTICATION OF ORDERS AND WARRANTS

   85.     Certified extract of an order  
   86.     Particulars of warrants to be entered in the register  
   87.     Authentication of warrants  
   88.     Authentication of a digital recording  

   ORDER 7—TRANSFER OF SUMMARY PROCEEDINGS

   89.     Transfer of related summary proceeding on or after committal to the Supreme Court or County Court  
   90.     Transfer of an offence that a magistrate refused to hear and determine summarily  
   91.     Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court  

   ORDER 8—GENERAL

   92.     Last known place of residence or business for the purpose of service  
   93.     Issue of some warrants to seize property  
   94.     Prescribed person or member of a class of persons who may witness statements  

   ORDER 9—AUDIO VISUAL OR AUDIO LINKING

   95.     Definition  
   96.     Application for the physical appearance of an accused under section 42L of the Act  
   97.     Application for appearance of an accused by audio visual link under section 42M of the Act  

   ORDER 10—FINES

   98.     Definitions  
   99.     Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order  
   100.    Consideration of application  
   101.    Determination of the application  
   102.    Enforcement of fines against a natural person  
   103.    Enforcement of fines against body corporate  
   104.    Summons for warrant to seize property returned unsatisfied  
   105.    Declaration of liability of a director for offence of body corporate  

   ORDER 11—PROCEDURE UNDER THE OPEN COURTS ACT 2013

   106.    Definitions  
   107.    Notice of application for suppression order  
   108.    Notice of application to review suppression order  

   PART 1--PARTICULARS OF APPLICATION

   PART 2--PARTICULARS OF HEARING
           SCHEDULE 1
   ENDNOTES