MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2019 - REG 108 Notice of application to review suppression order

Victorian Consolidated Regulations

MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2019 - REG 108

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Charge No.

Act/section

Statutory costs

$

Costs/Other amount(s)

$

Unpaid

$

TOTAL AMOUNT NOW PAYABLE

Notice of application to review suppression order

(1) A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 55.

(2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.

Form 1—Charge-sheet

Rule 13(a)

CHARGE-SHEET

Date of hearing:

Details of accused

Name:

Gender:

Date of birth:

Mobile phone number:

Email address:

Registration number of vehicle: State registered:

Driver licence number: State issued:

To the accused:

You have been charged with an offence.

Read these pages to see what you must do.

Details of the charge against you

1. What is the charge?

[ Description of offence ]

Act or

Section or Clause

Under what law?

□ State

□ Act

Regulation No.

(Full Ref.)

□ Commonwealth

□ Regulation

□ Other—
specify

Is this an infringement offence?

□ Yes—see below

□ No

□ Enforcement review

□ Enforcement review—special circumstances

□ Infringements Act 2006 section 40

□ Other—specify

Are there more charges?

□ No

□ Yes—see 2 below

Type of offence

□ Summary offence

□ Indictable offence

Request for committal proceeding

□ No

□ Yes

2. What is the charge?

(Description of offence)

Act or

Section or Clause

Under what law?

□ State

□ Act

Regulation No.

(Full Ref.)

□ Commonwealth

□ Regulation

□ Other—specify

Is this an infringement offence?

□ Yes—see below

□ No

□ Enforcement review

□ Enforcement review—special circumstances

□ Infringements Act 2006 section 40

□ Other—specify

Are there more charges?

□ No

□ Yes—see "Continuation of Charges" attached

Type of offence

□ Summary offence

□ Indictable offence

Request for committal proceeding

□ No

□ Yes

Who filed the charge-sheet(s)?

Name of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of informant:

Date:

Filed at:

Date:

Form 2—Continuation of charges

Rule 13(b)

CONTINUATION OF CHARGES

Page No.

Person charged:

[ Description of offence ]

Act or

Section or Clause

□ State

□ Act

Regulation No.

(Full Ref.)

□ Commonwealth

□ Regulation

□ Other—specify

□ Summary offence

□ Indictable offence

Request for committal proceeding

□ No

□ Yes

Is this an infringement offence?

□ Yes—see below

□ No

□ Enforcement review

□ Enforcement review—special circumstances

□ Infringements Act 2006 section 40

□ Other—specify

Are there more charge(s)? □ No □ Yes—see page No.

Signature of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of Registrar:

Date:

Filed at:

Date:

Form 3—Charge-sheet and summons

Rule 13(c)

CHARGE-SHEET AND SUMMONS

Details of accused

Name:

Gender:

Date of birth:

Mobile phone number:

Email address:

Registration number of vehicle: State registered:

Driver licence number: State issued:

To the accused:

You have been charged with an offence.

Read these pages to see what you must do.

Details of the charge against you

What is the charge?

[ Description of offence ]

Act or

Section or Clause

Under what law?

□ State

□ Act

Regulation No.

(Full Ref.)

□ Commonwealth

□ Regulation

□ Other—specify

Is this an infringement offence?

□ Yes—see below

□ No

□ Enforcement review

□ Enforcement review—special circumstances

□ Infringements Act 2006 section 40

□ Other—specify

Date of service by the Director, Fines Victoria

Are there more charges?

□ No

□ Yes—see "Continuation of Charges" attached

Type of offence

□ Summary offence

□ Indictable offence

Request for committal proceeding

□ No

□ Yes

Who filed the charge-sheet(s)?

Name of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of informant:

Date:

Filed at:

Date:

Where will the case be heard?

The Magistrates' Court at [ venue ]

Address Telephone

When Time Day Month Year

Details about this summons

Issued at:

Date:

Registrar:

Magistrate:

Police officer:

Prescribed person:

Form 4—Charge-sheet and summons
(corporate accused)

Rule 13(d)

CHARGE-SHEET AND SUMMONS
(CORPORATE ACCUSED)

Details of corporate accused

Name of corporate accused:

Mobile phone number:

Email address:

Registration number of vehicle: State registered:

Driver licence number: State issued:

To the corporate accused:

You have been charged with an offence.

Read these pages to see what you must do.

Details of the charge against you

What is the charge?

[ Description of offence ]

If you do not appear in answer to a summons and the charge is an indictable offence that may be determined summarily the Magistrates' Court may hear and determine the charge in your absence.

If you do not appear in answer to a summons for an indictable offence the Magistrates' Court may conduct a committal proceeding in your absence.

Act or

Section or Clause

Under what law?

□ State

□ Act

Regulation No.

(Full Ref.)

□ Common-wealth

□ Regulation

□ Other—specify

Is this an infringement offence?

□ Yes—see below

□ No

□ Enforcement review

□ Enforcement review—special circumstances

□ Infringements Act 2006 section 40

□ Other—specify

Are there more charges?

□ No

□ Yes—see "Continuation of Charges" attached

Type of offence

□ Summary offence

□ Indictable offence

Request for committal proceeding

□ No

□ Yes

Who filed the charge-sheet(s)?

Name of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of informant:

Date:

Filed at:

Date:

Where will the case be heard?

The Magistrates' Court at [ venue ]

Address Telephone

When Time Day Month Year

Details about this summons

Issued at:

Date:

Registrar:

Magistrate:

Police officer:

Prescribed person:

Form 5—Charge-sheet and warrant to arrest

Rule 13(e)

CHARGE-SHEET AND WARRANT TO ARREST

Details of accused

Name:

Gender:

Date of birth:

Mobile phone number:

Email address:

Registration number of vehicle: State registered:

Driver licence number: State issued:

To the accused:

You have been charged with an offence.

Read these pages to see what you must do.

Details of the charge against you

What is the charge?

[ Description of offence ]

Act or

Section or Clause

Under what law?

□ State

□ Act

Regulation No.

(Full Ref.)

□ Common-wealth

□ Regulation

□ Other—
specify

Type of offence

□ Summary offence

□ Indictable offence

Request for committal proceeding

□ No

□ Yes

Who filed the charge-sheet(s)?

Name of informant:

Agency and address:

Telephone:

Email:

Agency Ref.:

Signature of informant:

Date:

Charge-sheet filed at:

Date:

Request for issue of a warrant to arrest

I apply for the issue of a warrant to arrest on the following grounds:

[ insert grounds ]

Warrant to arrest

To all police officers:

You are authorised to break, enter and search any place where the person named in this warrant is suspected to be, to arrest that person and bring the person before a Bail Justice or the Court as soon as practicable to be dealt with according to law or cause the person to be released on bail in accordance with the endorsement on this warrant.

I am satisfied by the evidence before me that a warrant should be issued on the following grounds:

□ it is probable the person will not answer a summons

□ the person has absconded or is likely to abscond

□ the person is avoiding the service of a summons

□ the warrant is □ required □ authorised by another Act namely

□ other

Issued at: Date:

Before:

Registrar:

Magistrate:

Form 6—Do not ignore this notice

Rule 14

DO NOT IGNORE THIS NOTICE

Do not ignore this notice.

If you do not understand this notice, you should get someone to interpret it for you immediately.

The Court will not provide written notification of listing dates.

To receive electronic notification of listing dates, please ensure your mobile phone number and/or email address are kept updated with the Court.

Seek legal advice.

A legal practitioner can help you decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [ insert telephone number ]

Federation of Community Legal Centres to find the centre closest to you [ insert telephone number ]

Victoria Aboriginal Legal Service [ insert telephone number ]

[ Information to the effect of this advice to be printed in English, Mandarin, Punjabi, Dari, Farsi, Persian, Dinka, Arabic, Vietnamese, Turkish, Thai, Hindi, Swahili and Cantonese languages. ]

Form 7—Notice to appear

Rule 16(1)

NOTICE TO APPEAR

(Section 21 of the Criminal Procedure Act 2009 )

Person served:

Family name:

First name(s):

Street name and number:

Suburb/Town: Postcode:

Date of birth:

YOU ARE REQUIRED TO APPEAR BEFORE THE MAGISTRATES' COURT AT

[ Full street address of the venue of the Court ]

ON [ Date ] AT [ Time ]

YOU ARE SUSPECTED OF HAVING COMMITTED THE FOLLOWING OFFENCES

[ These are general particulars of the offence(s) only ]

THE SUSPECTED OFFENCES WERE COMMITTED IN THE FOLLOWING MANNER:

[ General terms of the circumstances of the suspected offences ]

Police officer or person authorised to act:

Agency and address:

Telephone:

Email:

Agency Ref.:

Date:

IMPORTANT INFORMATION—DO NOT IGNORE THIS NOTICE—SEEK LEGAL ADVICE

You must appear on [ date ] at [ venue ] Magistrates' Court if you get a copy of a charge-sheet and a preliminary brief. This means you have been charged with an offence. You will get a copy of the charge-sheet and preliminary brief within 21 days of getting this notice.

You should immediately seek advice from your legal practitioner, Victoria Legal Aid [ insert address and telephone number ] or a community legal service.

If you do not appear at court, the magistrate may:

•

hear and decide your case and may impose a penalty based on the information in the preliminary brief; or

•

order that you be arrested and brought before the Court.

If a charge is not filed with the Court within 14 days of this notice being given to you the notice will lapse, and you will not have to appear at the Magistrates' Court. Written notice of this will be provided to you 7 days after the notice lapses.

AFFIDAVIT OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON

I [ full name ] of [ address ], [ authorised officer ] *swear/*affirm that I served a true copy of this notice to appear on [ date ] at [ time ] by—

*giving it to the person personally at [ address ]

*putting it down in the person's presence and telling the person the nature of the document.

*The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*affirmed at
[ place ]
in the State of Victoria on [ date ]
*Before:







[ name and address in legible writing, typing or stamp below signature ]

*a person authorised under Part 3 of the Oaths and Affirmations Act 2018 to take an affidavit.

*Delete if not applicable

DECLARATION OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON

I [ full name ] of [ address ], [ authorised officer ] *declare that I served a true copy of this notice to appear on [ date ] at [ time ] by—

*giving it to the person personally at [ address ]

*putting it down in the person's presence and telling the person the nature of the document.

*I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.

*Declared at
[ place ]
in the State of Victoria on [ date ]
*Before:







[ name and address in legible writing, typing or stamp below signature ]

*a person authorised under Part 4 of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable

Form 8—Pre-hearing disclosure notice for matters to be determined summarily

Rule 18

PRE-HEARING DISCLOSURE NOTICE FOR MATTERS TO BE DETERMINED SUMMARILY

(Section 13 of the Criminal Procedure Act 2009 )

You have been charged with an offence that can be heard summarily. You should speak to a legal practitioner (a lawyer) immediately.

How can you get more information about your charge:

Your charge-sheet will have some information about the charge. If you want more information, at any time you or your legal practitioner can make a request in writing to the informant (the person who charged you) for—

•

a preliminary brief;

•

a full brief (if you have been served with a notice to appear, you can ask only for a full brief after a summary case conference); and

•

information or copies of what is listed in the preliminary or full brief at least 7 days (or more) before the next court date.

What the informant must do:

When the informant receives a request for more information from you or your legal practitioner, the informant has—

•

14 days to give you a preliminary brief; or

•

at least 14 days to give you a full brief before your contest mention or summary hearing; and

•

7 days to respond to your request.

The informant also must give you a list or copy of any new information that is relevant to the charge as soon as it is available to the informant.

In some cases, the informant can refuse to give you information. The informant must give you a notice in writing that explains why your request has been refused. Some of the reasons the informant may refuse your request are that disclosure of the information would—

•

prejudice the investigation, enforcement or proper administration of the law; or

•

prejudice a fair hearing of a charge or impartial adjudication of a particular case; or

•

enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of law; or

•

disclose methods or procedures of preventing, detecting, investigating contraventions or evasions of the law, the disclosure of which would be reasonably likely to prejudice the effectiveness of those methods or procedures; or

•

endanger the life or physical safety of persons or their families, engaged in, or in connection with, law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law; or

•

endanger the life or physical safety of a person referred to in section 43(1)(a) of the Criminal Procedure Act 2009 or of a family member, as defined in the Family Violence Protection Act 2008 , of such a person; or

•

result in the disclosure of child abuse material to the accused personally; or

•

the informant may refuse disclosure of any information, document or thing that is requested under section 43(1)(d) of the Criminal Procedure Act 2009 on any ground for refusal of a witness summons; or

•

the informant may refuse to disclose the particulars of any previous conviction of any witness who the informant intends to call at the hearing if the previous conviction because of its character is irrelevant to the proceeding.

What can you do if the informant refuses to give you information?

You can apply to the Magistrates' Court for an order if you—

•

get a written notice from the informant that they refuse to give you the requested information; or

•

believe there is information that has not been disclosed that is relevant to your case.

Your legal practitioner can advise of how to apply for an order of the Magistrates' Court that the information be disclosed.

Get legal advice before you go to court

A legal practitioner can help you understand the charges and decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [ insert telephone number ]

Federation of Community Legal Centres to find the centre closest to you [ insert telephone number ]

Victoria Aboriginal Legal Service [ insert telephone number ]

If you are eligible, you have a right to legal aid under the Legal Aid Act 1978 . Contact Victoria Legal Aid [ insert address and telephone number ].

Form 9—Pre-hearing disclosure notice for matters to be determined by a committal proceeding

Rule 18

PRE-HEARING DISCLOSURE NOTICE FOR MATTERS TO BE DETERMINED BY A COMMITTAL PROCEEDING

(Section 13 of the Criminal Procedure Act 2009 )

You have been charged with an indictable offence.
You should speak to a legal practitioner (a lawyer) immediately.

How can you get information about your charge?

Your charge-sheet will have some information about the charge. More information about the charge will be provided to you when the informant (the person who charged you) gives you a hand-up brief or plea brief.

Hand-up brief:

The informant must give you a hand-up brief containing the evidence on which they rely to prove the charge against you and a statement that you have no previous convictions or a copy of your criminal record by the date fixed by the Court at the filing hearing.

Plea brief:

If you decide to plead guilty to the charge the informant may give you a plea brief. The informant may only give you a plea brief if you have given your written consent. You should obtain legal advice before providing your written consent.

Continuing obligation of disclosure:

The informant has an obligation to disclose to you any information, document or thing that comes into their possession after a hand-up brief is given to you. The informant must give you a copy of the information or list of things as soon as possible after it comes into their possession. However, the informant does not have an obligation to disclose to you any information, document or thing if the informant believes that doing so will result in the disclosure to you of child abuse material. In that case, you may apply to the Court for an order requiring the informant to provide, or make available for inspection, the information, document or thing.

Inspection of exhibits

You may inspect any of the items listed in a hand-up brief at a time and place agreed with the informant.

Get legal advice when you get the hand-up brief

A legal practitioner can help you understand the charges and decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [ insert telephone number ]

Federation of Community Legal Centres to find the centre closest to you [ insert telephone number ]

Victoria Aboriginal Legal Service [ insert telephone number ]

If you are eligible, you have a right to legal aid under the Legal Aid Act 1978 . Contact Victoria Legal Aid [ insert address and telephone number ].

Form 10—Notice accompanying preliminary brief

Rule 19

NOTICE ACCOMPANYING PRELIMINARY BRIEF

(Section 37 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ]

Date of hearing:

To the accused:

Family name: First names:

Address: Postcode:

The attached preliminary brief contains the following information, document or thing available at the time of preparation:

□ A copy of the charge-sheet setting out the charges against you

□ A copy of the notice to appear

□ A statement made by the informant (the person who charged you) personally sworn, signed or attested

□ A copy of your criminal record or a statement that you have no previous convictions

□ Any evidentiary certificate issued under any Act

□ A list of any other orders that are or will be sought

□ Any information, document or thing that is relevant to the alleged offence that may assist you to understand the evidence against you that is available to the prosecution

Specify:

□ A written notice that the informant refuses to disclose any information, document or thing (Note: In some cases, the informant can refuse to give you information, but they must explain why by giving you a notice in writing)

Police officer/
Authorised officer:

Name/Rank/Number:

Agency and address:

Telephone:

Email:

Date:

Signature:

DO NOT IGNORE THIS NOTICE

Are you charged with a summary offence or an indictable offence?

To find out whether your offence is a summary offence or an indictable offence, check which box has been ticked on your charge-sheet.

Get legal advice before you go to court

This notice should have a preliminary brief with it.

A legal practitioner (a lawyer) can help you decide what steps you need to take in relation to your charge and the preliminary brief given to you.

If you are eligible, you have a right to legal aid under the Legal Aid Act 1978 . Contact Victoria Legal Aid [ insert address and telephone number ].

IF YOU ARE ON SUMMONS FOR AN OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with a summary offence, by way of summons, and you do not appear at court on the date on your summons or notice to appear, the magistrate may—

•

make a decision without you about your case and issue a penalty based on the information in the preliminary brief;

•

issue a warrant for your arrest.

IF YOU ARE ON BAIL FOR AN OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with a summary offence, and released on bail, you must attend at court. If you do not attend court, the magistrate may—

•

make a decision without you about your case and issue a penalty based on the information in the preliminary brief; and

•

issue a warrant for your arrest; and

•

charge you with additional offences under the Bail Act 1977 .

HOW THE MAGISTRATE MAKES A DECISION WITHOUT YOU FOR A SUMMARY OFFENCE

The magistrate may base the decision on the information in the preliminary brief, if the brief—

•

was given to you at least 14 days before the date of the hearing; and

•

stated the offence with which you have been charged.

The magistrate cannot use your criminal record to decide if you are guilty or not, but can consider your criminal record when deciding what your penalty will be.

There are some penalties that a magistrate cannot give you without you being at court. If the magistrate is considering these penalties, the hearing must be adjourned and a warrant may be issued for your arrest.

IF YOU ARE CHARGED WITH AN INDICTABLE OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with an indictable offence, you must appear at court on the date on your summons or notice to appear.

The magistrate cannot hear and decide your case without you (unless the charges are against a corporation) and may issue a warrant for your arrest so that you are brought before the Court. If you have been charged and released on bail and do not attend court, you may be arrested and charged with additional offences under the Bail Act 1977 .

FURTHER INFORMATION

Contact the registrar at your local Magistrates' Court for further information.

Form 11—Notice accompanying full brief

Rule 20

NOTICE ACCOMPANYING FULL BRIEF

(Section 41 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ]

Date of hearing:

To the accused:

Family name: First names:

Address: Postcode:

The attached full brief contains the following information, document or thing available at the time of preparation:

□ A copy of the charge-sheet setting out the charges against you

□ A copy of your criminal record or a statement that you have no previous convictions

It also contains any information the prosecution intends to use at the hearing:

□ A copy of any statement(s) that you have signed

□ Your record of interview

□ A copy of any audio visual recording or transcript relating to the taking of a forensic procedure

□ A list of witnesses at the hearing and copies of their statements

□ Legible copies of any documents

□ A list of any exhibits (objects) and detailed descriptions—if these cannot be described, a clear photograph must be included

□ Details of any forensic procedure, examination or test that has not been completed

□ Any evidentiary certificate issued under any Act that is likely to be relevant to the alleged offence

It also contains anything else relevant to the alleged offence that the prosecution does not intend to use at hearing:

□ A list of the people who have made written statements and copies of their statements

□ A list of the people who have provided information and summaries of what they said

□ A list of any exhibits and detailed descriptions or clear photographs

□ A copy of medical examination records or results of forensic procedures that have been conducted

□ A written notice of any information, document or thing.
(Note: In some cases, the informant (the person who charged you) can refuse to give you information, but they must explain why by giving you a notice in writing)

Police officer/
Authorised person:

Name/Rank/Number:

Agency and address:

Telephone:

Email:

Date:

Signature:

DO NOT IGNORE THIS NOTICE

Are you charged with a summary offence or an indictable offence?

To find out whether your offence is a summary offence or an indictable offence, check which box has been ticked on your charge-sheet.

Get legal advice before you go to court

This notice should have a full brief with it.

A legal practitioner (a lawyer) can help you decide what steps you need to take in relation to your charge and the full brief given to you.

If you are eligible, you have a right to legal aid under the Legal Aid Act 1978 . Contact Victoria Legal Aid [ insert address and telephone number ].

IF YOU ARE ON SUMMONS FOR AN OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with a summary offence, by way of summons, and you do not appear at court on the date on your summons or notice to appear, the magistrate may—

•

make a decision without you about your case and issue a penalty based on the information in the full brief;

•

issue a warrant for your arrest.

IF YOU ARE ON BAIL FOR AN OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with a summary offence, and released on bail, you must attend at court. If you do not attend court, the magistrate may—

•

make a decision without you about your case and issue a penalty based on the information in the full brief; and

•

issue a warrant for your arrest; and

•

charge you with additional offences under the Bail Act 1977 .

HOW THE MAGISTRATE MAKES A DECISION WITHOUT YOU FOR A SUMMARY OFFENCE

The magistrate may base the decision on the information in the full brief, if the brief—

•

was given to you at least 14 days before the date of the hearing; and

•

stated the offence with which you have been charged.

The magistrate cannot use your criminal record to decide if you are guilty or not, but can consider your criminal record when deciding what your penalty will be.

IF YOU ARE CHARGED WITH AN INDICTABLE OFFENCE AND DO NOT APPEAR AT COURT

If you have been charged with an indictable offence, you must appear at court on the date on your summons or notice to appear.

The magistrate cannot hear and decide your case without you (unless the charges are against a corporation) and may issue a warrant for your arrest so that you are brought before the court. If you have been charged and released on bail and do not attend court, you may be arrested and charged with additional offences under the Bail Act 1977 .

FURTHER INFORMATION

Contact the registrar at your local Magistrates' Court for further information.

Form 11A—Summary case conference form

Rule 22(5)(a)

SUMMARY CASE CONFERENCE FORM

In the Magistrates' Court of

Victoria at [ venue ]

Court Ref.:

Informant:

Accused:

Court file number:

Accused's name:

Legal representative for accused:

Informant's name:

As a result of this conference it is proposed this matter be adjourned to:

□ Plea of guilty Duration

Will a victim impact statement(s) be tendered
Y/N

□ Sentence indication required Duration

□ Further mention

Reason for adjournment:

□ Contest mention

Issues in dispute:

Any outstanding disclosure items:

Does the accused require an interpreter?

Yes

No

If yes, which language?

Adjournment date required:
Signed:

Prosecutor Legal representative for accused

Name: Name:

Dated:

Form 12 amended by S.R. No. 129/2023 rule 9.

Form 12—Request for contested summary hearing

Rule 23

REQUEST FOR CONTESTED SUMMARY HEARING

In the Magistrates' Court of

Victoria at [ venue ]

Court Ref.:

Informant:

Accused:

□ The accused is not legally represented

□ The accused is represented by:

Estimated hearing time:

YES

NO

Has a summary case conference been held?

□

□

Does the accused consent to summary jurisdiction?

□

□

OFFENCES

YES

NO

Are there co-offenders?

□

□

If yes, names of co-offenders:

Is it an alleged sexual offence?

□

□

Is it alleged that the offence arises out of an act of family violence?

□

□

ISSUES IN DISPUTE

YES

NO

Factual arguments

□

□

Question of law

□

□

Self defence

□

□

Alibi

□

□

Voir dire/Preliminary issues for determination

□

□

If yes to any of the above, description of issue
(e.g. admissibility of all/part of VARE or ROI):

YES

NO

Application for a confidential communication or protected health information?
(section 32C Evidence (Miscellaneous Provisions) Act 1958 )

□

□

If yes, date of application:

Application in relation to sexual activities of the complainant?
(sections 342, 344 Criminal Procedure Act 2009 )

□

□

If yes, date of application:

Tendency/coincidence notices?

□

□

If yes, date to be served by:

Hearsay notices?

□

□

If yes, date to be served by: .

Material not yet provided?

□

□

If yes, provide details:

Admissions/concessions?

□

□

If yes, provide details:

Ground rules hearing to be held?

□

□

If yes, date to be held:

WITNESSES REQUIRED

Prosecution:

YES

NO

Informant

□

□

Corroborator

□

□

Other police officer

□

□

Civilian

□

□

Expert

□

□

Child witness

□

□

Child witness service booked?

□

□

Cognitively impaired witness

□

□

Remote booked?

□

□

Witness in custody

□

□

Witness in other location

□

□

Protected witness

□

□

Remote booked?

□

□

Order made for Victoria Legal Aid to cross-examine witness (section 357 Criminal Procedure Act 2009 )?

□

□

Accused:

YES

NO

Civilian

□

□

Expert

□

□

Child

□

□

YES

NO

Will compellability of family members arise?
(section 18 Evidence Act 2008 )

□

□

Legal advice arranged?

□

□

Will self-incrimination arise?
(section 128 Evidence Act 2008 )

□

□

Legal advice arranged?

□

□

FORMAT OF EVIDENCE/EXHIBITS

YES

NO

CCTV

□

□

Body worn camera footage

□

□

Other exhibits in electronic form

□

□

RESOURCES REQUIRED

YES

NO

Audiovisual link

□

□

Remote witness facility

□

□

DVD/laptop

□

□

Interpreter

□

□

If yes, language required:

REQUEST MATTER BE LISTED FOR A CONTESTED HEARING

[ Name and signature of legal practitioner of accused OR accused ]

[ Name and signature of prosecutor ]

Note: If the accused is not legally represented, this form is to be completed by the prosecution relevant to the information in their possession.
This form is to be filed with the Court Coordinator at the relevant venue.

Form 13—Witness summons

Rule 26

WITNESS SUMMONS

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

To the witness

DETAILS OF THE CASE

Name of person charged: [ accused ]

Summary of the charges:

Relevant documents or things likely to be in possession or control of the witness:

Who filed the charges? [ informant ]

Agency and address:

Email address: Telephone:

WHAT YOU HAVE TO DO

You must bring this summons with you and—

□ come to court to give evidence in the proceeding

□ come to court to give evidence and also produce at the hearing the following documents or things that are in your possession or control

□ produce at the hearing the following documents or things that are in your possession or control

If you are required to give evidence, you must attend the hearing.

If you fail to attend the hearing or give evidence in accordance with this summons a warrant for your arrest may be issued.

You may produce this summons and the documents or things referred to above to the registrar of the Magistrates' Court at [ venue ] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the date on which you are required to attend.

If you have any objection to giving evidence or producing documents you must attend Court and a magistrate will decide whether you must give evidence or produce documents. You should obtain legal advice before making an objection.

WHERE WILL THE CASE BE HEARD?

The Magistrates' Court at [ venue ]

Address: Telephone:

When

Time: Day: Month: Year:

Details about this summons

Issued at:

Date:

Issued by:

Registrar:

Magistrate:

Summons filed by: [ identify party ]

Legal representative:

Name of firm:

Telephone:

Email address:

IF YOU HAVE ANY QUESTIONS ABOUT THIS SUMMONS:

Please contact the party who filed the summons.

Form 13A substituted by S.R. No. 129/2023 rule 10.

Form 13A—Notice of intention to apply for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958

Rule 27

NOTICE OF INTENTION TO APPLY FOR LEAVE UNDER SECTION 32C(1) OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958

(Section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

IN THE MATTER of:

Informant: [ full name ]

Accused: [ full name ]

This form is filed on behalf of:

Legal representative:

Name of legal practice/agency:

Telephone:

Email address:

The charges are listed on:

TAKE NOTICE THAT:

Pursuant to section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 ( the Act ), the applicant intends to make an application on [ date ] at [ time ] in the Magistrates' Court at [ place ] to seek leave:

*to compel the production of a document that contains/*to produce a document that discloses/*to adduce evidence that discloses:

*a confidential communication (as defined in section 32B(1) of the Act)/*protected health information (as defined in section 32B(1) of the Act).

The nature of the *confidential communication/*protected health information to be produced or adduced is:

[ insert a description of the material sought, confined to relevant dates and times and restricting where possible the number and nature of documents sought ]

The matters to be taken into account to determine whether leave should be granted are set out in section 32D of the Act.

*You may, with the leave of the Court, appear and make submissions in relation to the application.

Signature of applicant:

Date:

NOTE:

This notice must be served on the following persons not less than 14 days before the date for the hearing of the application—

• each other party to the proceeding;

• the informant;

• if the notice relates to a confidential communication, the medical practitioner or counsellor to whom that communication was made;

• if the notice relates to protected health information, either—

• the person who recorded or collected the information (or, if the information is an opinion, formed that opinion); or

• if the information is held by an organisation, that organisation.

*A draft witness summons is attached to this notice.

*Delete if not applicable

Form 13B inserted by S.R. No. 129/2023 rule 11.

Form 13B—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958

Rule 27A

NOTICE TO PROTECTED PERSON OF APPLICATION FOR LEAVE UNDER SECTION 32C(1) OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958

(Section 32CD(1) of the Evidence (Miscellaneous Provisions) Act 1958 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

IN THE MATTER of:

Informant: [ full name ]

Accused: [ full name ]

NOTICE IS GIVEN BY:

ADDRESS:

THIS MATTER IS NEXT LISTED ON: [ date ] for [ type of hearing ]

[ name of applicant ] intends to apply under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 ( the Act ) for leave:

*to compel the production of a document that contains/*to produce a document that discloses/*to adduce evidence that discloses:

*a confidential communication (as defined in section 32B(1) of the Act) that you have made/*protected health information (as defined in section 32B(1) of the Act) about you.

The nature of the *confidential communication/*protected health information to be produced or adduced is:

[ insert a description of the material sought ]

The application is listed for hearing at [ time ] in the Magistrates' Court at [ place ].

Email address for the Court: [ insert email address for that place ]

The matters to be taken into account to determine whether leave should be granted are set out in section 32D of the Act.

You are entitled:

• to appear in person at Court for the hearing of the application; and

• to make submissions to the Court about the application; and

• to give the Court a confidential statement (in the form of an affidavit) that describes the harm that is likely to be caused to you if the application is granted.

If you give the Court a confidential statement, the Court must not make the statement available or disclose its contents to anyone other than you or your legal representative, unless the Court considers that it is in the interests of justice to do so.

If you intend to appear in person at Court for the hearing of the application, please contact: [ insert contact details of the informant/prosecutor ]

If you intend to give the Court a confidential statement, it can be filed with the Court by emailing a copy of the confidential statement, no later than 2 days before the date listed for the hearing, to the email address for the Court (listed above).

A confidential statement must be in the form of an affidavit. An affidavit is a written statement of fact, sworn by oath or affirmation.

You may wish to consider whether to obtain legal advice in relation to the application.

If you do not have a lawyer, the Law Institute of Victoria can assist in connecting you through the 'Find Your Lawyer' referral service. The Find Your Lawyer referral service operates by telephone from 9 a.m. to 5 p.m. Monday to Friday and can be reached by calling 03 9607 9550. For further information visit https://www.liv.asn.au/LegalHelp.

Victoria Legal Aid (VLA) can provide preliminary assistance through their Legal Help referral service. The Legal Help referral service operates by telephone from 8 a.m. to 6 p.m. Monday to Friday and can be reached by calling 1300 972 387. You can also leave a message via the 'Legal Help Chat' function that can be accessed through VLA's website by visiting https://www.legalaid.vic.gov.au.

Alternatively, you may wish to seek assistance through your local community legal centre. The Federation of Community Legal Centres (Vic) (FCLC) can assist in finding your local centre and how to contact them for an appointment. The FCLC can be reached by calling 03 9652 1501. For more information visit https://fclc.org.au/find_a_community_legal_centre.

The Victorian Aboriginal Legal Service (VALS) can provide legal advice to Aboriginal and Torres Strait Islander people. The VALS telephone service operates from 9 a.m. to 5 p.m. Monday to Friday and can be reached by calling 1800 064 865.

Date:

[ signature ]

*Delete if not applicable

Form 14—Notice of alibi

Rule 28

NOTICE OF ALIBI

(Section 51 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

To the prosecutor or the informant

Informant: [ full name ]

Accused: [ full name ]

Charge-sheet filed on: [ date ]

Nature of offence:

On [ date ] in the Magistrates' Court at [ venue ] the accused will appear for the above offence.

Take notice that the accused intends to adduce evidence at the hearing in support of an alibi and provides the following information in support of the alibi: [ if space insufficient attach a separate sheet .]

(a) [ state the name of each witness the accused proposes to call ];

(b) [ state the current address of each witness, if known to the accused ];

(c) [ last known address of each witness. If the name and address of a witness is not known, the accused must state any information which might be of material assistance in finding the witness ];

(d) [ state the facts on which the accused relies ].

This notice may be given to the prosecutor or informant, by handing it to them at a hearing in relation to the charge, or by sending it by prepaid ordinary post to a nominated business address, by sending it to a nominated email address, or by leaving the notice at the nominated business address with a person who appears to work there or in any other manner agreed with the informant or prosecutor.

If the accused is in a prison or a police gaol, the officer in charge of the prison or police gaol will arrange for this notice, when completed by the accused, to be given or sent to the prosecutor or informant.

Form 15—Case abridgement application

Rule 30

CASE ABRIDGEMENT APPLICATION

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

Applicant:

Date of hearing of application:

Name of accused:

Date of birth:

Current date of hearing:

Proposed abridgement date:

Reason for abridgement: [ set out the grounds of the application in detail ]

Application by consent: Yes/No

Notice of application to other parties: Yes/No

Accused in custody: Yes/No

Signature of applicant/legal representative:

Date:

Name:

Firm:

Telephone:

Email:

Form 16—Application—identity crime

Rule 31

APPLICATION—IDENTITY CRIME

(Section 89F of the Sentencing Act 1991 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

This application is made by:

□ the victim

□ a person on behalf of the victim

□ the prosecutor of the identity crime offence

Name of applicant:

In the matter of: [ prosecuting agency ] and [ offender ]

I [ name of applicant ] apply *on behalf of [ name of victim ] *as a victim of identity crime, for a certificate under section 89F of the Sentencing Act 1991 .

[ Name of offender ] was found guilty of an identity crime offence under Division 2AA of Part I of the Crimes Act 1958 on [ date of conviction ].

Victim:

Name:

Date of birth:

Address:

Informant:

Agency and address:

Telephone:

Email:

This application relates to the following identity crime offence(s):
[ state identity crime ]

Date of offence(s):

Particulars of offence(s):

Signature of applicant:

Date:

*Delete if not applicable

Form 17—Identity crime certificate

Rule 31

IDENTITY CRIME CERTIFICATE

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate

The Magistrates' Court issues this identity crime certificate under section 89F of the Sentencing Act 1991 .

On [ date ] the Court found [ name of offender ] guilty of an identity crime offence.

1. The identity crime offence to which this certificate relates is [ specify identity crime offence and date of offence ].

2. The name of the victim of the identity crime offence is [ name of victim ].

*3. The Court considers the following other matters are relevant: [ specify any other relevant matters, for example address of victim, date of birth, gender ].

Date:

[ Signature of Magistrate ]

*Delete if not applicable

Form 18—Application for a rehearing

Rule 35

APPLICATION FOR A REHEARING

(Section 88 of the Criminal Procedure Act 2009 )

Informant's name: Date of birth:

Agency: Licence No.:

Accused's name: Telephone:

Address: Postcode:

Email address:

THIS APPLICATION WAS FILED BY: *THE ACCUSED/*THE INFORMANT ON BEHALF OF THE ACCUSED

On [ date ] the Magistrates' Court at [ venue ] found the accused

guilty of

and ordered:

The order was made in the absence of the accused. The reason for the accused's non-attendance was:

[ specify reasons ]

The charge-sheet was served □ personally □ by post □ other

On [ date ] the accused intends to apply to the Magistrates' Court at [ venue ] for an order that the sentencing be set aside and the charge to be reheard.

Signature of applicant:

Date:

APPLICATION FOR STAY OF ORDER (If the order affected the driver's licence)

On [ date ] the accused intends to apply to the Magistrates' Court at [ venue ] for an order that the order affecting the driver's licence be stayed and that the licence holder be allowed to drive until the decision of the re-hearing.

Signature of applicant:

Date:

NOTES FOR INFORMATION

If the application is made by the accused :

1. Within 7 days of lodging the application, you must serve a copy of the application on the person who charged you. This is done—

(a) by giving a copy of the application to the informant or a person representing the informant at a hearing in relation to the charge; or

(b) by sending a copy of the application by prepaid ordinary post addressed to the informant at the business address nominated by the informant; or

(c) by sending a copy of the application by email addressed to the informant at the email address nominated by the informant; or

(d) by leaving a copy of the application for the informant at the informant's business address with a person who appears to work there; or

(e) in any other manner agreed to by the informant.

Once you have served the application you must complete the ''Affidavit of Service'' and give it to the registrar of the Court at the venue where your case was heard. You must do this within a reasonable time before the Court date for the hearing of the application.

2. If you are making an application for a stay of order you must serve a copy of the application on the person who charged you 7 days before the Court date for the hearing of the application.

3. If you are in custody only because of the order that is the subject of this application, you may apply for bail pending the re-hearing.

If the application is made by the informant on behalf of the accused :

A copy of the notice must be served in the same manner as a summons may be served.

Form 19—Warrant to arrest

Rule 41

WARRANT TO ARREST

(Section 61 of the Magistrates' Court Act 1989 )
( Criminal Procedure Act 2009 )

Name of person to be arrested: Court Ref.:

Address: Gender:

Postcode: Date of birth:

Statement of reasons for this warrant

What is the reason? □ The accused failed to appear before the Court in answer to a charge and summons.

□ The accused failed to attend before the Court in accordance with the accused's bail.

□ The accused failed to appear before the Court on [ date ] in answer to a notice to appear.

□ The person was served with a witness summons and failed to attend before the Court on [ insert date ] in answer to that witness summons.

□ Other [ give details ].

The accused was charged with:

Who filed the charges?

Agency and address

WARRANT TO ARREST

*all police officers

*[ insert name and rank of police officer ]

You are authorised to:

* break, enter and search, if necessary, any place where the person named or described in this warrant is suspected to be;

* arrest the person named or described in this warrant;

AND TO

bring the person before a Bail Justice or the Court as soon as practicable to be dealt with according to law;

release the person on bail in accordance with the endorsement below.

The person named in the warrant may be discharged on bail under section 10 of the Bail Act 1977 .

Issued at Date

Issued by
*Registrar/*Magistrate/*Judicial registrar:

[ signature ]

CERTIFICATE OF BAIL

Bail was granted on the following conditions:

The person named may be released upon entering an undertaking of bail to appear at the Magistrates' Court at [ insert venue ] on the following conditions:

[ insert conditions ]

Magistrate Date

*Delete if not applicable

Form 20—Search warrant

Rule 42

SEARCH WARRANT

(Section 75 of the Magistrates' Court Act 1989 )

Court Ref.:

Name and/or description of person or article, thing or material:

Place or vehicle located in a public place where search will be conducted for article, thing or material:

Number and name of street and suburb:

Identifying details of vehicle:

Reason for search/suspected offence:

This warrant authorises

*Name, Rank, No.:

Agency and address:

*all police officers:

□ Search for a person

to break, enter and search any place where the person named or described in this warrant is suspected to be;

and

to arrest the person named or described in this warrant.

□ Search for any article, thing or material of any kind

to break, enter and search any *place/*specified vehicle located in a public place named or described in this warrant for any article, thing or material of any kind described in this warrant;

and

to bring the article, thing or material before the Court so that the matter may be dealt with according to law;

and

to arrest any person apparently having possession, custody or control of the article, thing or material.

If the person is arrested

You must also cause the person named or described in the warrant, or apparently having possession, custody or control of any article, thing or material named or described in the warrant, when arrested—

□ to be brought before a Bail Justice or the Court as soon as practicable to be dealt with according to law;

□ to be released on bail in accordance with the endorsement on this warrant.

This warrant is authorised by section of the Act Issued at a.m./p.m. on

Magistrate [ name ]

Signature

*Delete if not applicable.

Form 21 amended by S.R. No. 102/2021 rule 4.

Form 21—Remand warrant

Rule 43

REMAND WARRANT

(Section 79 of the Magistrates' Court Act 1989 )

Name of accused (or witness)

Court Ref.:

Address

Gender

Postcode

Date of birth

□ The accused (or witness) has been

□ remanded in custody

□ returned to the custody of the Secretary to the Department of Justice and Community Safety

□ The proceeding has been adjourned and the accused is to be brought before the Magistrates' Court at at 10.00 a.m. on

□ The proceeding has been adjourned and, in accordance with section 42JA of the Evidence (Miscellaneous Provisions) Act 1958 , the accused is required to appear before the Magistrates' Court at [ venue ] on the [ date of hearing ] via audio visual link at the time of [ time of hearing ], unless the accused is held in a place without audio visual facilities, in which case the accused is to be brought physically before the Court at that time.

□ The accused has been committed to stand trial.

The charge

What is the charge?
[ brief description ]

Who filed the charge?

Agency and address

The charge is filed

□ at the Magistrates' Court at

□ with the Bail Justice making this order

AUTHORITY AND DIRECTIONS

To all police officers, or all prison officers, or [ insert name ]

You must take and safely convey the person named in this warrant to
□ a prison □ a police gaol □ a youth justice centre
and deliver the person to the officer in charge of that facility.

To the Secretary to the Department of Justice and Community Safety or the Chief Commissioner of Police (as the case may be), or any other person into whose custody the person is transferred.

You must receive the person named in this warrant into custody and safely keep that person—

(a)

until [ date of next hearing ] when you are to convey the person to [ court location ] at [ time of hearing ]; or

(b)

for the period specified, or in the circumstances described, in this warrant; or

(c)

until that person is otherwise removed or discharged from custody by due course of law.

□

The accused has consented to an adjournment of the proceeding for more than 8 clear days. The accused has also been granted bail. If the accused has not been released on bail at the end of 8 days the person who has custody of the accused must bring the accused before the Magistrates' Court at [ venue ] or to the Melbourne Assessment Prison or to [ name of other place ] where facilities exist to enable the accused to appear before the Court by means of audio visual link.

ENDORSEMENTS

□

The accused did not apply for bail.

□

I certify that the accused's application for bail was refused. The reasons for my refusal are:

□

I certify that bail was granted and the accused is to be released from custody when the accused signs an undertaking with the conditions which are endorsed below:

□

The accused was legally represented by

Name of legal practitioner:

Name of legal practice:

Contact details:

Signed at on by

*Magistrate/*Bail Justice/*Registrar

*Delete if not applicable

Form 22—Warrant to imprison

Rule 44

WARRANT TO IMPRISON

(Except for unpaid fine(s))
(Section 68(a) and (c) of the Magistrates' Court Act 1989 )

WARRANT TO IMPRISON Court Ref.:
(Except for unpaid fine)

Offender's name: Gender:

Address: Date of birth:

Where proceeding heard the Magistrates' Court at [ venue ]

Who filed the charges? Agency
(informant)

Imprisonment order summary:

Date sentence imposed:

Effective total term Years Months Days

Minimum term before becoming eligible for parole Years Months

Finding that minimum term inappropriate under section 11 of the Sentencing Act 1991 □ Yes □ No

Time spent in custody: Years Months Days

Taken into account □ Yes □ No

Eligible for pre-release □ Yes □ No

Sentences imposed in this case to be—

cumulative upon other sentences presently being
served □ Yes □ No

part concurrent with other sentences presently being
served □ Yes □ No

Concurrent portion of sentence Years Months Days

cumulative on any period owed to the Parole Board □ Yes □ No

part concurrent with any period owed to the Parole
Board □ Yes □ No

Concurrent portion of sentence Years Months Days

Authority and directions

To all police officers, all prison officers or [ insert other ]

You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to—

□ a prison or police gaol □ a youth justice centre

and to deliver the person to the officer in charge of the prison, police gaol or youth justice centre.

To the Commissioner of Corrections Victoria or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in this warrant is transferred:

You are directed and authorised to receive that person into custody and safely keep that person for the period specified, or in the circumstances described in this warrant or until that person is otherwise removed or discharged from custody by due course of law.

Issued by Registrar Date

[ Signature ] Magistrate

Schedule to warrant to imprison

Court Ref.:

Offender Page No.

Codes

S Offence is against State law

C Offence is against Commonwealth law

G Plea of guilty

NG Plea of not guilty

XP Ex parte hearing, accused did not appear in court

AGG Sentence imposed on this charge is an aggregate sentence under section 4K(4) of the Crimes Act 1914 of the Commonwealth and the aggregate term to be served in relation to all AGG sentences in this case is the period in the "Imprisonment" column beside the first AGG sentence

BAS The base sentence for the purposes of cumulative and part concurrent sentences in this case

CUM A sentence to be served cumulatively upon the base sentence and upon all other cumulative and part concurrent sentences in this case

DFR Court directed release under section 20(1)(b) of the Crimes Act 1914 of the Commonwealth after service of the period shown in the column "Portion of term to be served"

PCO Sentence to be served part concurrently with other sentences in this case. The non-current balance of the sentence shown in the column "Portion of term to be served"

Schedule to Warrant to Imprison

Case No.

Accused Page No.

Code Table

Charge Number

Date of offence

S
C

G NG XP

Brief description of offence

Act and Section

Imprisonment (detention) term

Portion of term to be served (where app.)

Sentence (period) code

Min. Term C'wlth only

There are more pages No Yes — pages

Registrar

Warrant execution details

Police Station Warrant executed by me on at a.m./p.m.

Name, Rank and Number

Form 23—Warrant to imprison

Rule 45

WARRANT TO IMPRISON

(Unpaid fine(s))

(Section 68(b) of the Magistrates' Court Act 1989 )

Court Ref.:

Offender's name:

Gender:

Address:

Who filed the charges?

Agency:

DETAILS OF THE FINE

On [ date ] the Magistrates' Court at [ venue ]

convicted and fined the offender.

Amount unpaid

Charge

Total penalty imposed

Fine

Statutory costs

Costs

Default period

1

2

3

4

5

6

7

8

9

0

Total amount unpaid $

AUTHORITY AND DIRECTIONS

To all police officers, all prison officers, the sheriff or [ insert other ]

You are to demand payment of the amount unpaid from the person named in this warrant. If this amount is paid you must send it immediately to the Court.

If the amount is not paid

You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to:

□ a prison or police gaol

□ a youth justice centre

and to deliver the person to the officer in charge of the prison, police gaol or youth justice centre.

To the Commissioner of Corrections Victoria or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in the warrant is transferred:

You are directed and authorised to receive that person into custody and safely keep that person for the period specified in the warrant or until otherwise removed or discharged from custody by due course of law.

If the amount unpaid is paid you are to release the person named in this warrant and immediately send the amount to the Court.

If the amount is partly paid you must reduce the term of imprisonment using the formula set out in section 71(1)(b) of the Magistrates' Court Act 1989 , amend the execution copy of the warrant, receive the payment and forward it without delay to the Court.

Issued by:

Registrar: [ signature ]

Date:

Magistrate: [ signature ]

Date:

Form 24—Warrant to seize property

Rule 46

WARRANT TO SEIZE PROPERTY

Court Ref.:

Who was ordered to pay:

Gender:

Co:

Address:

Date of birth:

ACN:

Registration No.:
State:

Licence No.:
State:

Amount ordered to be paid:

On

[ date ]

the Magistrates' Court at

[ venue ]

ordered

Fine

Statutory costs

Other costs

Payment of

$

$

$

Since then payments made were:

$

$

$

This leaves a balance of

$

$

$

Now outstanding and payable is named may be seized and sold.

$ or personal property of the person

WARRANT

To □ all police officers □ the sheriff

The person named was ordered to pay money to the Court and has failed to comply with the order.

You are directed and authorised to:

1.

Seize the personal property of the person named in this warrant.

2.

Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.

3.

Pay all money recovered to the registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.

Issued at: [ venue ]

Issued by:

Registrar: [ signature ]

Date:

Magistrate: [ signature ]

Date:

Form 25—Notice of appearance

Rule 49

NOTICE OF APPEARANCE

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

BETWEEN:

[ name of informant ]

v.

[ name of accused ]

Committal mention date:

APPEARANCE

TAKE NOTICE THAT the legal practitioner (or firm) indicated below has been instructed to represent the accused.

[ name(s) of accused ]

I *have/*have not been instructed to accept personal service of documents on behalf of the accused.

Date:

[ Signed ]

Name of legal practitioner (or firm):

Address of legal practitioner (or firm):

Telephone number:

Email address for service of documents electronically:

Name of person handling the matter:

Present address of accused:

This notice of appearance is to be filed with the Court, served on the informant and DPP if applicable.

*Delete if not applicable

Form 25A—Notice that legal practitioner has ceased to act

Rule 51

NOTICE THAT LEGAL PRACTITIONER HAS CEASED TO ACT

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

IN THE MATTER OF:

THIS FORM IS FILED ON BEHALF OF:

ADDRESS:

THIS MATTER IS NEXT LISTED ON: [ date ] FOR .

CONTACT DETAILS

Contact no.: Email address:

Address for service:

Firm: Practitioner's name:

Solicitor code: Ref.:

TAKE NOTICE that the legal practitioner (or firm) indicated above no longer acts for the person named.

FORMER CLIENT'S CONTACT DETAILS (if known):

New practitioners' name:

Address for service:

Contact no.: Email address:

Date:

[ Signed ]

NOTE

This notice must be served on—

• the DPP/Respondent; and

• the Magistrates' Court Registry—

immediately after a legal practitioner has ceased to act for an accused.

Form 26—Application for compulsory examination

Rule 55

APPLICATION FOR COMPULSORY EXAMINATION

(Section 103 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO: [ name of person who is to attend ]

THE APPLICANT [ insert name ] applies for an order—

TAKE NOTE: In relation to the person sought to be examined:

*the prosecution asked the person to make a statement and the person refused to do so;

*the informant *is/*is not aware the person has obtained legal advice in relation to the proposed examination;

*the person *has/*has not been a suspect with respect to the matter;

*the person *has/*has not been made aware of this application.

The committal mention date in this committal proceeding is: [ date ].

The application will be heard at the Magistrates' Court at [ venue ] on [date]
at a.m./p.m. or so soon afterwards as the business of the Court allows.

Date:

[ Registrar ]

This application was filed by: [ name of informant ]

Address:

Telephone:

Email address:

*Delete if not applicable

Form 27—Notice of order

Rule 56

NOTICE OF ORDER
[ to be served on the accused ]

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO: [ name of accused ]

An order requiring that [ name of person to whom order relates ] attend before the Court in this committal proceeding has been made by the Court on the application of the informant under section 103 of the Criminal Procedure Act 2009 .

THE COURT HAS ORDERED that [ name of person to whom order relates ] attend before the Court for the purpose of—

*being examined by or on behalf of the informant;

*producing a document or thing, namely—

[ describe the document or thing ];

*being examined by or on behalf of the informant and producing a document or thing or both [ describe the document or thing ];

(a) at [ venue of Court ] Magistrates' Court;

(b) at 10.00 a.m. [ or as the case requires ] on [ date ] and until [ name of person to whom order relates ] is excused from further attending.

Date:

Signature of informant

Name of informant:

Address:

Telephone:

Email address:

NOTES TO THE ACCUSED

(1) Any question concerning this notice should be addressed to the informant not to the Court.

(2) You may wish to seek legal advice in which case you should contact your legal representative or Victoria Legal Aid immediately.

(3) You may attend Court on the above date and you may be legally represented.

(4) You may not cross-examine a witness attending the Court under an order made under section 103 of the Criminal Procedure Act 2009 .

(5) If you attend Court and, if the Court determines there are exceptional circumstances, you may address the Court on the proceeding personally or through a legal practitioner representing you.

*Delete if not applicable

Form 28—Notice of order

Rule 56

NOTICE OF ORDER
[ to be served on person to whom order relates ]

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO: [ name of person to whom order relates ]

THE COURT HAS ORDERED that [ name of person to whom order relates ] attend before the Court for the purpose of—

*being examined by or on behalf of the informant;

*producing a document or thing, namely—

[ describe the document or thing ];

*being examined by or on behalf of the informant and producing a document or thing or both [ describe the document or thing ];

(a) at [ venue of Court ] Magistrates' Court;

(b) at 10.00 a.m. [ or as the case requires ] on [ date ] and until [ name of person to whom order relates ] is excused from further attending.

Date:

Signature of informant:

Name of informant:

Address:

Telephone:

Email address:

NOTES TO PERSON TO WHOM ORDER RELATES

(1) If you do not comply with the order you may be arrested.

(2) Any question concerning this notice should be addressed not to the Court but to the informant.

(3) You have the right to be legally represented at the proposed examination.

(4) You may wish to seek legal advice in which case you should contact your legal representative or Victoria Legal Aid immediately.

*Delete if not applicable

Form 29—Notice of committal mention date and hand-up brief

Rule 57

NOTICE OF COMMITTAL MENTION DATE AND HAND-UP BRIEF

(Section 110 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO: [ accused ]

of [ address(es) ]

Informant's contact details—[ insert name and contact details ]

COMMITTAL MENTION DATE

You have been charged with *a criminal offence/*criminal offences. A copy of the charge-sheet is attached to this notice.

There will be a committal mention hearing in relation to *the charge/*those charges at the Magistrates' Court at [ venue ] on [ date ] at [ time ].

You must attend court on that date.

WHAT IS A COMMITTAL PROCEEDING?

A committal proceeding is a proceeding in the Magistrates' Court. That court will examine the evidence relating to the charge or charges against you to decide whether there is sufficient evidence to send you for trial in the County Court or the Supreme Court.

The evidence will include the documents and other things that are contained in the hand-up brief of evidence which is attached to this notice.

Depending on the nature of the case and of the witnesses, you may be able to ask the Court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.

DISCUSSION OF ISSUES WITH THE PROSECUTOR

At least 7 days before the committal mention date you or your lawyer must discuss your case with the prosecutor. (If you or your lawyer have not already been notified of the prosecutor's contact details, you or your lawyer should be notified of those details no later than 14 days before the committal mention date.)

The purpose of the discussion is to find out matters including—

(a) whether you propose to plead guilty or not guilty;

(b) whether you will be arguing that there is insufficient evidence for the case to go to trial before a jury;

(c) whether you will be asking to cross-examine any of the witnesses whose statements are contained in the hand-up brief of evidence, and whether the prosecutor opposes that cross-examination;

(d) whether you will be calling any of your own witnesses to give evidence;

(e) whether you want to inspect any things that are listed in the hand‑up brief of evidence, and whether the informant objects to that inspection;

(f) if a charge is to be heard and determined summarily, whether you will be applying to the Court to have the charge tried by a magistrate in the Magistrates' Court rather than by a judge and jury in the County Court or Supreme Court.

THE COMMITTAL MENTION HEARING

A committal mention hearing is one of the stages of a committal proceeding. At a committal mention hearing the Court may—

(a) offer or determine any application for a charge to be tried summarily in the Magistrates' Court;

(b) hear and determine an application for leave to cross-examine a witness;

(d) hear and determine any objection to disclosure of material;

(e) fix another date for a committal mention hearing. If the court is considering fixing another date for a committal mention hearing to enable an accused to obtain legal representation the court must have regard to whether the accused has made reasonable attempts to obtain legal representation;

(f) make any other order or give any direction that the court considers appropriate;

(g) immediately hear and determine the committal proceeding (in other words, it may examine all of the evidence and decide whether or not you should be tried by a judge and jury in the County Court or Supreme Court);

(h) 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.

THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.

If you do not have a lawyer, you should contact a legal practitioner, Victoria Legal Aid as soon as possible. If you are eligible, you have a right to legal aid under the Legal Aid Act 1978 .

[ telephone number for Law Institute of Victoria Referral Service — insert details ]

[ address and telephone number for Victoria Legal Aid — insert details ]

[ address and telephone number of registrar of Magistrates' Court — insert details ]

If you come to the committal mention hearing without a lawyer the Court will not delay the hearing to enable you to get a lawyer unless you have already made reasonable efforts to get a lawyer.

AFFIDAVIT OF SERVICE

I [ full name ]

of [ address ]

a police officer in the State of Victoria *make oath and say/*affirm that I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [ address ] on [ day of week ] [ date ] at [ time ].

The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.

*Sworn/*affirmed at [ place ]

in the State of Victoria

on [ date ] [ time ]

Before

[ name and address in legible writing, typing or stamp below signature ]

*a person authorised under section 19(1) of the Oaths and Affirmations Act 2018 to take an affidavit.

DECLARATION OF SERVICE

I [ full name ]

of [ address ]

a police officer in the State of Victoria declare that I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [ address ] on [ day of week ] [ date ] at [ time ].

I declare that the contents of this statutory declaration are true and correct and I make it knowing that a person making a statutory declaration that I know to be untrue is an offence.

*Declared at [place]

in the State of Victoria

on [ date ] [ time ]

Before

[ name and address in legible writing, typing or stamp below signature ]

*a person authorised under section 30(2) of the Oaths and Affirmations Act 2018 to witness the signing of a statutory declaration.

*Delete if not applicable

Form 30—List of information or other documents included in hand-up brief

Rule 57

LIST OF INFORMATION OR OTHER DOCUMENTS INCLUDED IN HAND-UP BRIEF

(Section 110 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

1. A notice of committal mention date and hand-up brief and a copy of the charge-sheet relating to the alleged offence.

2. A statement of the material facts relevant to the charge is attached.

*3. Order(s) were made for the examination of [ names of persons ] under section 104 of the Criminal Procedure Act 2009 and transcript(s) of the examination(s) *is/*are *attached/*not attached.

*3. No orders were made for the examination of any person under section 104 of the Criminal Procedure Act 2009 .

*3. There are no forensic procedures, examinations or tests on which the prosecutor intends to rely as tending to establish the guilt of the accused that are not yet completed.

*3. The following forensic procedures, examinations or tests on which the prosecutor intends to rely as tending to establish the guilt of the accused are not yet completed [ describe here any forensic procedures, examinations or tests that are not yet completed ].

*4. The following is a list of other statements that are capable of being admitted in evidence relevant to the charge available to the informant but on which the informant does not intend to rely.

[ list statement(s) here ]

*4. There is no other statement that is capable of being admitted in evidence relevant to the charge available to the informant but on which the informant does not intend to rely.

5. The following information, document or thing on which the prosecution intends to rely in the committal proceeding are—

*a copy of any statement relevant to the charge signed by the accused, or a record of interview of the accused, that is in the possession of the informant

*a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge

*a list of the persons who have made statements that the informant intends to tender at the committal hearing, together with copies of those statements

*a legible copy of any document which the prosecution intends to produce as evidence

*a list of any things the prosecution intends to tender as exhibits

*a clear photograph, or a clear copy of such a photograph, of any proposed exhibit that cannot be described in detail in the list

*a copy, or a transcript, of any audio recording or audiovisual recording required under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958

*a transcript of any audio or audiovisual recording for the purposes of section 368 of the Criminal Procedure Act 2009

*a list of any things the prosecution intends to tender as exhibits.

6. Any other information, document or thing in the possession of the prosecution that is capable of being admitted in evidence relevant to the charge but on which the prosecutor does not intend to rely are—

*a list of the persons (including experts) who have made statements relevant to the alleged offence and a copy of the statement made by each person or written summary of any evidence likely to be given by that person

*a copy of records of any medical examination of the accused

*a copy of reports of any forensic procedure or forensic examination conducted on the accused

*a copy of the results of any tests carried out on behalf of the prosecution and relevant to the alleged offence

*if the committal proceeding relates to a charge for a sexual offence, a copy of every statement made by the complainant to any police officer that relates to the alleged offence and contains an acknowledgement of its truthfulness

*running sheets

*prisoner's register

*attendance register

*expert witness notes

*witnesses' prior convictions

*notes (prosecution witness)

*photos or photocopies where it is impractical to produce extra sets

*video files or video recordings

*audio files or audio recordings

*notes (e.g. surveillance logs, crime scene notes, exhibit logs, diaries (official or otherwise))

*other documents (provide details).

Signature of informant:

Name of informant:

Address:

Telephone:

Email address:

Date:

NOTE

This form is to be completed by the informant and included in any hand-up brief.

*Delete if not applicable

Form 31—Application

Rules 58, 71, 74

APPLICATION

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO: [ identify party (if any) to whom notice of application is to be given ]

THE APPLICANT [ insert name ] applies—

*1. for an order that a special mention hearing takes place.

[ set out purpose of special mention hearing, as required by Rule 74 ]

*2. for leave to cross-examine [ insert name of witness ], after the expiry of the period for giving notice of cross-examination under section 120 of the Criminal Procedure Act 2009

*3. for the following orders—

[ set out details of order(s) sought. Also set out the grounds for the application ]

The *committal mention date/*committal hearing date in this committal proceeding is: [ date ].

The application will be heard at the Magistrates' Court at [ venue ] on [date]
at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.

Signature of applicant or applicant's legal practitioner:

Name:

Firm:

Telephone:

Email address:

Date:

Registrar:

This application was filed by:

*delete if not applicable.

Form 32 amended by S.R. No. 101/2022 rule 9.

Form 32—Case direction notice

Rule 59

CASE DIRECTION NOTICE

(Section 119 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO: the registrar

*TAKE NOTICE that—

□ the *accused/*accused's legal practitioner has read the brief of evidence;

□ the DPP or informant has read the brief of evidence;

□ the accused and the DPP or informant have discussed whether this matter can be resolved by *a plea/*pleas of guilty and, if so, on what charge(s);

□ the accused and the DPP or informant propose that this committal proceeding be dealt with as follows—

*TAKE NOTICE that no legal practitioner has served a notice of appearance on the DPP or informant in this matter, the DPP or informant is not aware of any legal practitioner representing the accused and the accused has not participated in any discussion or other activity in connection with the preparation of this notice.

*1. The court should determine the committal proceeding at the committal mention hearing.

At the committal mention hearing, will the accused submit that the accused should not be committed for trial? *Yes/*No

If committed for trial, how does the accused intend to plead?

*Guilty/*Not guilty/*Not applicable (charge to be withdrawn)

[ If there is more than one charge, and the answers to these questions are not the same for all charges, list the charges separately or in groups and provide answers in relation to each charge or group of charges. ]

*Basis of indication of intention to plead

[ If the accused indicates an intention to plead on a particular basis or bases, briefly indicate that basis or those bases . For example—

The indication is made without prejudice in the course of negotiations to settle the matter.

The indication is made on the basis that the informant will withdraw particular charges .]

*2. The parties seek a committal case conference. The issues identified by the parties to be addressed at the committal case conference are—[ insert brief description of issues ]

*3. The accused will apply for a summary hearing of the following charge(s):

Charge

Proposed plea

[ list each charge for which there will be an application for a summary hearing ]

*Guilty

*Not guilty

*4. The accused will apply for leave to cross-examine the following witness or witnesses:

Name of witness:

Does the informant oppose leave being granted? *Yes/*No

Issue, relevance and justification

[ indicate the issue or issues identified by the accused to which the proposed questioning relates, why the accused considers that evidence of the witness is relevant to that issue or those issues and why the accused considers that cross-examination on that issue or those issues is justified ]

Opposition [ indicate why the informant opposes leave being granted ]

*5. The particulars of previous convictions of any witness on whose evidence the prosecution intends to rely in the committal proceeding.

*6. The parties seek a ground rules hearing.

*7. The accused seeks the production of an item or items listed in the hand‑up brief and the informant objects to the production of the item or items—

Item [ describe the item(s) ]

Ground for objection [ indicate the informant's ground for objecting to producing the item ]

*8. The accused seeks the production of an item or items not included in the hand-up brief.

*9. The prosecution did not describe the following in the disclosure certificate served on the accused under section 41A or 110A of the Criminal Procedure Act 2009 —

Information, document or thing

Nature of privilege, immunity, prohibition or restriction

1.

[ Describe the information, document or thing (including any detail relating to the information, document or thing) that was not described in the disclosure certificate ]

[ Describe the privilege, immunity, prohibition or restriction to which the information, document or thing is subject ]

2.

3.

4.

5.

*10. The accused is *prepared/*not prepared to proceed with the committal hearing while a forensic procedure, examination or test described in the hand‑up brief remains incomplete.

*11. The accused and the DPP or informant seek an adjournment of the committal proceeding.

Reason(s) for adjournment [ indicate the reason(s) for the proposed adjournment ]

Date:

Signature of *accused/*accused's legal practitioner:

Name:

Firm:

Telephone:

Email address:

Date:

Signature (for or on behalf of the DPP or informant):

Name:

Telephone:

Email address:

*Delete if not applicable

Form 33—Notice of committal proceeding

Rule 60

NOTICE OF COMMITTAL PROCEEDING

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO: [ accused ]

of [ address(es) ]

Date charge-sheet filed:

Informant's contact details: [ insert contact details ]

COMMITTAL MENTION DATE

You have been charged with *a criminal offence/*criminal offences.

There will be a committal mention hearing in relation to the charge or charges at the Magistrates' Court at [ venue ] on [ date ] at [ time ].

You must attend court on that date.

WHAT IS A COMMITTAL PROCEEDING?

WHAT WILL HAPPEN BETWEEN NOW AND THE COMMITTAL MENTION DATE?

At least 42 days before the committal mention hearing, the person who charged you (the informant) will provide you (or your legal practitioner, if you have a legal practitioner) with a hand-up brief. The hand-up brief will set out the evidence relating to the charge or charges against you. This will include statements made by witnesses.

You or your legal practitioner will be notified of the prosecutor's contact details. You or your legal practitioner must discuss the case with the prosecutor before the committal mention hearing.

Depending on the nature of the case and of the witnesses, you may be able to ask the Court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.

You will receive further information about the process when you receive the hand-up brief of evidence.

THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.

If you do not have a lawyer, you should contact a legal practitioner or Victoria Legal Aid as soon as possible.

[ telephone number for Law Institute of Victoria Referral Service ]

[ address and telephone number for Victoria Legal Aid ]

[ address and telephone number of registrar of Magistrates' Court ]

If you come to the committal mention hearing without a lawyer the Court will not delay the hearing to enable you to get a lawyer unless you have already made reasonable efforts to get a lawyer.

Date:

Registrar:

*Delete if not applicable

Form 34—Application for the fixing of a longer period for the holding of a committal mention hearing

Rule 61

APPLICATION FOR THE FIXING OF A LONGER PERIOD FOR THE HOLDING OF A COMMITTAL MENTION HEARING

(Section 126 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO: [ identify party to whom notice of application is to be given ]

THE APPLICANT [ insert name ] applies to the Court for the Court to fix a longer period for the holding of a committal mention hearing than that set out in section 126 of the Criminal Procedure Act 2009 .

The committal mention date in this committal proceeding is: [ date ].

The application will be heard at the Magistrates' Court at [ venue ] on [date]
at *a.m./*p.m. or so soon afterwards as the business of the Court allows.

A *statement/*affidavit in support *has/*has not* been filed with the Court.

Signature of applicant or applicant's legal practitioner:

Date:

Registrar:

This application was filed by:

*Delete if not applicable

Form 34A—Committal checklist

Rule 62

COMMITTAL CHECKLIST

COMMITTAL DETAILS

◻ Name of accused

◻ Court Ref.

Related proceedings

◻ Are there any related proceedings?

◻ If yes, state the Court reference no., names of parties, and how related

Family violence

◻ Do the charges in this matter relate to family violence?

LEGAL REPRESENTATION

◻ Accused's solicitors

◻ Accused's barrister who will appear at the committal hearing

Funding

◻ Are there any issues in relation to funding?

Self-represented accused

◻ Is the accused self represented?

◻ Has an order been made for Victoria Legal Aid representation?

◻ If yes, has Victoria Legal Aid confirmed representation?

Prosecution

◻ Prosecutor who will prosecute at the committal hearing

WITNESSES

◻ Total number of witnesses:

◻ Has witness availability been confirmed for the listing period?

Child witness(es)/cognitively impaired witness(es)

◻ Name of witness(es)

◻ Date(s) of birth

What, if any, support has been arranged?

◻ Child Witness Service

◻ Witness Assistance Service

◻ Other

◻ Is competence to give sworn evidence in issue?

◻ Is a ground rules hearing required?

Protected witness(es)

◻ Name of witness(es)

◻ Category of protection

◻ Application for closed court?

SPECIAL ARRANGEMENTS

Interpreters

◻ Name of witness(es)

◻ Language(s)

Remote facilities/video conferencing/other alternative arrangements

◻ Name of witness(es)

◻ Arrangement(s) in place

◻ Have the facilities been booked?

Technology requirements

◻ What equipment is required, e.g. DVD, video, cassette, etc.?

Disclosure issues

◻ Has the accused sought additional material from the prosecution which has not yet been provided?

◻ What is outstanding, and when will it be served?

Section 18 of Evidence Act 2008

◻ Does section 18 potentially apply to any witness?

◻ If yes, what are the witness(es)' name(s)

Legal issues

◻ Is it anticipated that preliminary legal submissions and/or rulings will need to be made?

◻ If yes, what are the issues?

◻ How long is it expected to take?

◻ Are there any other issues which may affect the hearing?
(e.g. section 128 of the Evidence Act 2008 , etc.)

◻ Estimated length of hearing? days

Form 36—Application for joint committal

Rule 64

APPLICATION FOR JOINT COMMITTAL

(Section 25 of the Magistrates' Court Act 1989 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

BETWEEN:

[ name of informant ]

v.

[ name of accused ]

Children's Court Case File No.:

Name:

Gender:

Date of birth:

Address:

DETAILS OF THIS APPLICATION

The accused is charged with offence(s) that include:

□ murder □ attempted murder □ manslaughter □ arson causing death □ culpable driving causing death □ child homicide □ other

The matter is listed at the [ venue ] of the Magistrates' Court for a committal mention on [ date ].

This application is for a joint committal with [ name of co-accused ] who has a matter listed at the [ venue ] Children's Court on [ date ].

An application in the Children's Court for joint committal in the Magistrates' Court

□ has been made (attach copy of order)

□ has not been made

□ is listed in the Children's Court on [ date ]

This application is appropriate because:

the charges against each accused could properly be joined in the same indictment; and

the co-accused is a child aged [ include age ] years (must be 15 or over at the time the criminal proceeding is commenced).

Applicant's name:

[ Signature ]

Agency and address:

Telephone:

Date:

DETAILS OF THE HEARING

A hearing of this application will be held at [ time ] on [ date ] at the Magistrates' Court at [ venue ].

*Delete if not applicable

NOTE: An order for joint committal must be made in both the Children's Court and Magistrates' Court before a joint proceeding can be held (see section 25(3) of the Magistrates' Court Act 1989 and section 516A of the Children, Youth and Families Act 2005 ).

Form 37—Caution to be given to person charged

Rules 32, 65

CAUTION TO BE GIVEN TO PERSON CHARGED

(Sections 68(1) and 141(2) of the Criminal Procedure Act 2009 )

"You now have the right to answer the charge against you and must choose either:

(a) to give sworn evidence, that is, to enter the witness box, take the oath or make an affirmation and say what you want to say in answer to the charge. This is known as giving sworn evidence. When you have given your evidence you may be asked to respond to questions about it by the prosecution or the Court;

(b) you may say nothing in answer to the charge.

In either case you may call any witness or witnesses to give sworn evidence for you. What would you like to do?"

Form 38—Election to stand trial without a committal proceeding being conducted

Rule 66

ELECTION TO STAND TRIAL WITHOUT A COMMITTAL PROCEEDING BEING CONDUCTED

(Section 143 of the Criminal Procedure Act 2009 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

The person who filed the charges:

[ Informant ]

Accused:

of [ address ]

To the registrar of the Magistrates' Court of Victoria

at [ venue ]

and

the informant

of [ address ]

Details of the charge(s) filed:

TAKE NOTICE I elect to stand trial for the above named offence pursuant to section 143 of the Criminal Procedure Act 2009 .

I understand the consequences of making this election are—

(a) that when I appear before the Magistrates' Court I must be committed for trial;

(b) that any statement or documents, copies of which have been served on me by the informant, may be used in evidence upon my trial in all respects as if they were depositions taken and exhibits tendered at a committal proceeding;

(c) that on being committed for trial, I must be either remanded in custody until the trial or granted bail until the trial.

Date:

at:

Accused: [ signature of accused ]

Form 39—Committal caution

Rule 67

COMMITTAL CAUTION

(Section 144(2)(b)(iii) of the Criminal Procedure Act 2009 )

"You may plead guilty or not guilty. If you plead guilty to all of 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. Do you plead guilty or not guilty?"

Form 40—Alibi caution

Rule 68

ALIBI CAUTION

(Section 144(2)(b)(i) of the Criminal Procedure Act 2009 )

"I caution you that your right to call evidence at trial in support of an alibi is restricted.

To be allowed to call alibi evidence you must give written notice to the Court now or to the DPP not later than 14 days after the end of this committal proceeding.

The notice must contain—

(a) particulars as to time and place of the alibi; and

(b) the name of any witness to the alibi; and

(d) if the name and address of a witness are not known, any information which might be of material assistance in finding the witness—

in support of your alibi."

Form 43—Certified extract

Rule 85

CERTIFIED EXTRACT

(Section 18 of the Magistrates' Court Act 1989 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

On [ date ] the Magistrates' Court at [ venue ]

made the following entries in the register:

*Accused/*informant/*plaintiff/*complainant

Case No.

Nature of charge or civil proceeding

Court order

Fees

$

Magistrate

Remarks

□ Plea not guilty □ Appeared □ Blood alcohol

□ Plea guilty □ Did not appear ......................

□ No plea □ Consented to summary □ Speed .............
jurisdiction

Legal representative for accused:

Legal representative for *informant/*plaintiff/*complainant

I am a registrar of the Magistrates' Court at [ venue ] and I certify that in my opinion this information is a true extract from the register of the Court.

Date:

Name:

Signature:

*Delete if not applicable

Form 45 amended by S.R. No. 129/2023 rule 12.

Form 45—Notice of application for direction that accused appear physically before court

Rule 96

NOTICE OF APPLICATION FOR DIRECTION THAT ACCUSED APPEAR PHYSICALLY BEFORE COURT

(Section 42L of the Evidence (Miscellaneous Provisions) Act 1958 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

[The Informant]

[ name of accused ]

PARTICULARS OF APPLICATION

TAKE NOTICE that the applicant, [ name of applicant ], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it.

Type of hearing [ insert details ]

Date of hearing [ insert ]

Prison location at date of filing [ insert ]

The grounds on which this application are made are [ set out grounds ]

Note: If the application is made less than 3 days before the hearing, section 42L(2) of the Evidence (Miscellaneous Provisions) Act 1958 also requires a good and sufficient reason for the application to be considered.

Date:

[ Signature ]

Form 46 amended by S.R. No. 129/2023 rule 13.

Form 46—Notice of application for direction that accused appear before court by audio visual link

Rule 97

NOTICE OF APPLICATION FOR DIRECTION THAT ACCUSED APPEAR BEFORE COURT BY AUDIO VISUAL LINK

(Section 42M of the Evidence (Miscellaneous Provisions) Act 1958 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

[The Informant]

[ name of accused ]

TAKE NOTICE that the applicant, [ name of applicant ], intends to apply to the Court for a direction that the accused appear before it by audio visual link.

1.

Type of hearing [ insert details ]

2.

Date of hearing [ insert ]

3.

The grounds on which this application is made are [ set out grounds ]

Note: If the application is made less than 14 days before the hearing, section 42M of the Evidence (Miscellaneous Provisions) Act 1958 also requires a good and sufficient reason for the application to be considered.

4.

Is this application being made with the consent of the parties to the proceeding?

5.

Prison location at date of filing [ insert ]

6.

If the answer to question 4 is no, what parties have not given consent?

7.

Do facilities exist in custody for an audio visual link?

8.

Have any previous applications been made?

Date:

[ Signature ]

[ to be completed by the registrar ]

The application will be heard before the Court at [ venue ], on [ date ] at [ time ] or so soon afterwards as the business of the Court allows.

FILED [ date ]

Form 47—Application for order to pay a fine by instalments, for time to pay a fine or to vary or cancel an order

Rule 99

APPLICATION FOR ORDER TO PAY A FINE BY INSTALMENTS, FOR TIME TO PAY A FINE OR TO VARY OR CANCEL AN ORDER

(Section 57, 60 or 61 of the Sentencing Act 1991 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

INSTALMENT ORDER
TIME TO PAY
VARIATION OR
CANCELLATION OF ORDER

APPLICATION [ date ]

In the case against me by [ set out details ] on [ date ] I was ordered to pay a fine.

I [ full name ]

of [ address and occupation ]

now apply to the proper officer of the Magistrates' Court at [ venue ] for—

□ an order that time be allowed for payment of the fine

□ an order that the fine be paid by instalments

□ an order for the variation of the terms of an instalment order

□ an order for the cancellation of the terms of an instalment order or time to pay order.

DETAILS OF THE COURT ORDER

The Court ordered that I pay $ in fines and costs.

I *was/*was not present when the order was made.

The Court ordered that the fines and costs be paid—

□ by [ date ]

□ by instalments of $ to be paid on the day of each
□ week □ fortnight □ month.

□ did not make any order about payment.

DETAILS OF PAYMENTS MADE BY ME

[ Set out details of payments made ]

FUTURE PAYMENTS

I now want to pay the money I owe

□ by [ date ]

□ by instalments of $ on the day of each
□ week □ fortnight □ month starting on [ date ].

DETAILS OF MY INCOME AND EXPENSES

At present I receive $ each week after tax has been deducted.

My weekly expenses are $

This leaves me with $

[ to be completed by the proper officer ]

I received this application on [ date ].

[ Signature ]

[ print name ]

NOTE: The registrar who deals with this application will notify you in writing of the decision.

□ Tick whichever applies

*Delete if not applicable

Form 48—Application for fine conversion order

Rule 99

APPLICATION FOR FINE CONVERSION ORDER

(Section 65 of the Sentencing Act 1991 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

APPLICATION

In the case against me by [ set out details ]

on [ date ] I was ordered to pay a fine.

I, [ full name ]

of [ address and occupation ]

now apply to the proper officer of the Magistrates' Court at [ venue ] for a fine conversion order requiring me to perform unpaid community work as directed by a Regional Manager, instead of paying the fine. I agree to comply with such an order.

DETAILS OF THE COURT ORDER

The Court ordered that I pay $ in fines and costs.

I *was/*was not present when the order was made.

The Court:

□ ordered that the fines and costs be paid—

□ by [ date ]

□ by instalments of $ to be paid on the day of each
□ week □ fortnight □ month

□ did not make any order about payment.

DETAILS OF PAYMENTS MADE BY ME

[ set out details of payments made ]

RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK

I understand that the amount(s) that I owe for each unpaid fine together with the amount of warrant costs included by the proper officer will be converted into hours of unpaid community work at the rate of one hour for each 0·2 penalty unit or part of 0·2 penalty unit which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me.

CONDITIONS OF THE ORDER

I understand that the following conditions will apply to the order and I agree to comply with them:

During the period of the fine conversion order I must—

□ not commit another offence punishable by imprisonment.

□ report to a community corrections centre as specified by the Court.

□ report to, and receive visits from, a community corrections officer.

□ notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.

□ not leave Victoria except with the permission of an officer at the specified community corrections centre.

□ obey all lawful instructions and directions of community corrections officers.

□ perform unpaid community work as directed by the Regional Manager for a period determined by the Court.

Tick whichever applies

Dated at [ place ] on [ date ]

[ Signature of person in default ] [ print name ]

Witnessed by—

[ Signature of witness ] [ print name ]

NOTE: The registrar who deals with this application will notify you in writing of the decision.

[ to be completed by the proper officer ]

I received this application on [ date ]

The amount of warrant costs to be included is $

[ Signature ]

[ print name ]

Form 48A—Fine conversion order

Rule 101(3)

FINE CONVERSION ORDER

(Section 64 of the Sentencing Act 1991 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO:

of:

Date of birth:

On [ date ], this fine conversion order is made against you requiring you to perform unpaid community work in respect of the unpaid fine(s) set out below imposed by the Magistrates' Court at [ venue ] on [ date ].

Unpaid amounts

Charge

Fine

Statutory costs

Costs

Hours of work ordered

How hours to be served

Where the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed.

This order commences on [ date ] and ends on [ date ].

You must attend [ address of community corrections centre ] within 2 clear working days after [ date ].

The conditions of this order are that you must:

□ not commit another offence for which you could be imprisoned during the time that the order is in force.

□ report to the above community corrections centre within 2 clear working days of the order starting.

□ report to, and receive visits from, a community corrections officer.

□ notify an officer at the above community corrections centre of any change of your address or employment within 2 clear working days after the change.

□ not leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre.

□ obey all lawful instructions and directions given to you by community corrections officers.

□ perform unpaid community work as directed by the Regional Manager for the hours of work specified in this order.

This order was made on [ date ] at [ venue ].

[ Signature of *magistrate/ * proper officer ]

*Delete if not applicable

Form 49—Consent to the making of a fine default unpaid community work order

Rule 102(1)

CONSENT TO THE MAKING OF A FINE DEFAULT UNPAID COMMUNITY WORK ORDER

(Section 69H(2)(a) of the Sentencing Act 1991 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

Name [ full name ]

of [ address ]

CONSENT TO A FINE DEFAULT UNPAID COMMUNITY WORK ORDER

I consent to the making by the Court of a fine default unpaid community work order requiring me to perform unpaid community work as directed by a Regional Manager, instead of paying a total penalty of $ .

RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK

I understand that the amount(s) that I owe for each unpaid fine will be converted into hours of unpaid community work at the rate of one hour for each 0·2 penalty unit or part of 0·2 penalty unit which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me.

CONDITIONS OF THE ORDER

I understand that the following conditions will apply to the order and I agree to comply with them:

During the period of the fine default unpaid community work order I must—

□ not commit another offence punishable by imprisonment.

□ report to a community corrections centre specified by the Court.

□ report to, and receive visits from, a community corrections officer.

□ notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.

□ not leave Victoria except with the permission of an officer at the specified community corrections centre.

□ obey all lawful instructions and directions of community corrections officers.

□ perform unpaid community work as directed by the Regional Manager for a period determined by the Court.

Dated at [ place ] on [ date ]

[ Signature of person in default ] [ print name ]

Witnessed by—

[ Signature of witness ] [ print name ]

TO THE PERSON IN DEFAULT

The Court will send you a notice of the making of a fine default unpaid community work order and its conditions.

Form 50—Notice about the procedures for enforcement of fines

Rule 102(2)

NOTICE ABOUT THE PROCEDURES FOR ENFORCEMENT OF FINES

(Section 69C(3) of the Sentencing Act 1991 )

A warrant to arrest has been issued to the sheriff for non-payment of the fine(s) imposed against you in the Magistrates' Court. A summary of the fine(s) and the total amount still outstanding is attached.

You may obtain further details of the penalties from any venue of the Magistrates' Court. To do so, you must provide the Court reference which is also on the attached summary.

YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER, OR TO CONSENT TO THE MAKING OF A FINE DEFAULT UNPAID COMMUNITY WORK ORDER

Payment must be made to the sheriff, [ insert address ].

IF YOU CANNOT PAY

You may apply to the registrar at any venue of the Magistrates' Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine.

If you do not pay the fine and do not make an application to a registrar you may consent to the Court making a fine default unpaid community work order requiring you to perform unpaid community work instead of paying the fine. You may be required to perform one hour of unpaid work for each 0·2 penalty unit or part of 0·2 penalty unit of each fine outstanding. A minimum of 8 hours work under the direction of the Regional Manager must be performed, irrespective of the amount outstanding, up to a maximum of 500 hours.

You can obtain a consent form from the person making this demand.

IF YOU DO NOT PAY OR TAKE ANY ACTION

If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month, it may—

• make a fine default unpaid community work order requiring you to perform unpaid community work under the direction of a Regional Manager for one hour for each 0·2 penalty unit or part of 0·2 penalty unit then remaining unpaid with a minimum of 8 and a maximum of 500 hours. You may also be ordered to pay additional costs.

• order that you be imprisoned for one day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months, and may order you to pay additional costs.

• order that the amount of the fine then unpaid be levied under a warrant to seize property.

• vary any existing order for payment of the fine by instalments.

• adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit.

Form 51—Notice about the procedure for enforcement of a fine (bodies corporate)

Rule 103

NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF A FINE (BODIES CORPORATE)

(Section 69Y(3) of the Sentencing Act 1991 )

A warrant to seize property owned by the company has been issued to satisfy the amount of a fine or instalment under an instalment order imposed on the company by the Magistrates' Court, and all lawful costs of execution. The attached document sets out a summary of the details and the total amount outstanding. You may obtain further details of the penalty from the Magistrates' Court. To do so, you must supply the Court reference which is also on the attached summary.

THE COMPANY HAS 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE TO PAY THE AMOUNT OUTSTANDING OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER (see below).

Payment must be made to the sheriff, [ insert address ].

IF THE COMPANY CANNOT PAY

It may apply to a registrar of the Magistrates' Court for an order that the fine be paid by instalments or for an order that the company be allowed time to pay the fine.

IF THE COMPANY DOES NOT PAY OR TAKE ANY ACTION

If the company does not pay or take any action, the sheriff is required to seize and sell property belonging to the company to satisfy the amount outstanding.

Form 52—Fine default unpaid community work order

Rule 102(3)

FINE DEFAULT UNPAID COMMUNITY WORK ORDER

(Section 69D(2), 69H(2) or 69M(4) of the Sentencing Act 1991 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

TO:

of:

Date of birth:

On [ date ], with your signed consent, this fine default unpaid community work order is made against you requiring you to perform unpaid community work in respect of the unpaid fine(s) set out below which was imposed by the Magistrates' Court at [ venue ] on [ date ].

Unpaid amounts

Charge

Fine

Statutory costs

Costs

Hours of work ordered

How hours to be served

This order commences on [ date ] and ends on [ date ].

You must attend [ address of community corrections centre ] within 2 clear working days after [ date ].

The conditions of this Order are that you must:

□ not commit another offence for which you could be imprisoned during the time that the order is in force.

□ report to the above community corrections centre within 2 clear working days of the order starting.

□ report to, and receive visits from, a community corrections officer.

□ notify an officer at the above community corrections centre of any change of your address or employment within 2 clear working days after the change.

□ not leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre.

□ obey all lawful instructions and directions given to you by community corrections officers.

□ perform unpaid community work as directed by the Regional Manager for the hours of work specified in this order.

This order was made on [ date ] at [ venue ].

[ Signature of *magistrate/ * proper officer ]

*Delete if not applicable

Form 53—Summons for failure to pay a fine

Rule 104

SUMMONS FOR FAILURE TO PAY A FINE

(Section 69M(1) of the Sentencing Act 1991 )

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

Date of birth:

Informant:

of:

TO:

1. On [ date ] you were found guilty of an offence and the Court ordered you to pay the following amount(s):

Charge No.

Act/section

Fine

$

Statutory costs

$

Costs/Other amount(s)

$

Paid

$

Unpaid

$

TOTAL AMOUNT NOW PAYABLE

2. The Court records show that you have not paid the above amount and a warrant to seize your property to recover this amount has been returned unsatisfied.

3. YOU ARE DIRECTED TO APPEAR BEFORE THE MAGISTRATES' COURT AT [ place ] ON [ date and time ] TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S).

Issued at [ place ] on [ date ]

NOTES

1. If you pay the above amount to any registrar of the Magistrates' Court on or before the date for hearing of this summons, you will not be required to appear at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs.

2. Payments may be made personally or posted to the registrar. You must quote the Court reference at the top of this summons.

3. If you do not pay the amount due or appear at Court as directed by this summons, a warrant for your arrest may be issued.

Form 54 amended by S.R. No. 40/2020 rule 4.

Form 54—Application for suppression order

Rule 107

APPLICATION FOR SUPPRESSION ORDER

(Section 10 of the Open Courts Act 2013 )

In the Magistrates' Court of

Victoria at [ venue ]

In the matter of: [ Prosecuting agency ] and [ Offender ]

Name of applicant:

Address of applicant:

Postcode:

Telephone:

Email address:

NOTE: Pursuant to section 10(1) of the Open Courts Act 2013 , an applicant for a suppression order must give 3 business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates, unless the Court is satisfied that there is a good reason to waive the notice requirement or it is in the interests of justice to do so.

Application for:

□ Proceeding suppression order

□ Broad suppression order

□ Other (please specify)

Grounds of application [ insert brief description of grounds of application ]:

This case is next listed for *mention/*hearing/*committal/*application at [ venue ] on [ date ].

Dated:

[ Applicant or applicant's legal practitioner ]

NOTICE OF APPLICATION

(To be completed by the registrar)

This application will be heard before a magistrate at the Magistrates' Court of Victoria at [ venue ] on [ insert date ] at *a.m./*p.m. or so soon afterwards as the business of the Court allows.

Dated:

Registrar

*Delete if not applicable

Form 55 amended by S.R. No. 40/2020 rule 5.

Form 55—Application to review a suppression order

Rule 108

APPLICATION TO REVIEW A SUPPRESSION ORDER

(Section 15 of the Open Courts Act 2013 )

In the Magistrates' Court of

Victoria at [ venue ]

In the matter of: [ Prosecuting agency ] and [ Offender ]

Name of applicant:

Address of applicant:

Postcode:

Telephone:

This application is made by:

□ The applicant for the order

□ A party to the proceeding

□ A victim or an alleged victim of a *sexual offence/*family violence offence

□ The Attorney-General

□ The Attorney-General of another State or a Territory or of the Commonwealth

□ A news media organisation

□ Other [ state if applicable ]

I, [ applicant's name ] make application to review the [ type of order ] suppression order made on [ date of order ] before Magistrate [ name of Magistrate who made the order ] at the [ venue ] of the Magistrates' Court.

Grounds of application [ insert brief description of grounds for application ]:

Dated:

[ Applicant or applicant's legal representative ]

NOTICE OF APPLICATION

(To be completed by the registrar)

This application will be heard before a magistrate at the Magistrates' Court of Victoria at [ venue ] on [ insert date ] at *a.m./*p.m. or so soon afterwards as the business of the Court allows.

Dated:

Registrar

NOTE: Any person specified under section 15(1)(b) of the Open Courts Act 2013 is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of that Act.

*Delete if not applicable

Form 56—Application for registration exemption order

Rule 34

APPLICATION FOR REGISTRATION EXEMPTION ORDER

In the Magistrates' Court of

Victoria at [ venue ] Court Ref.:

In the matter of:

TO: the registrar of the Magistrates' Court

AND TO the Respondent: the Chief Commissioner of Police

Name of applicant:

Address:

Date of birth:

Telephone:

Email:

This application is in respect of the following offence: [ details of specified offence to which the application relates ]

The court reference in respect of the offence is: [ court reference number ]

The informant in respect of the offence was: [ name of informant ]

The offence was committed on: [ date ]

The sentence for that offence was imposed by [ Magistrate ] on [ date ] at [ place ]

This application is made on the grounds that: [ insert grounds ]

The acts, facts, matters and circumstances set out in the affidavit made on [ date of affidavit ] are relied on in support of this application.

The following other documents are attached in support of this application: [ list the documents; attach list if insufficient space ]

Signature of applicant:

Date:

This application is listed for hearing before the Magistrates' Court at [ place ] at [ time ] *a.m./*p.m. on [ date ].

Date:

Registrar:

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			Act or	Section or Clause
Under what law?	□ State	□ Act	Regulation No.	(Full Ref.)
	□ Commonwealth	□ Regulation
		□ Other— specify
Is this an infringement offence?	□ Yes—see below		□ No
	□ Enforcement review		□ Enforcement review—special circumstances
	□ Infringements Act 2006 section 40		□ Other—specify
Are there more charges?	□ No		□ Yes—see 2 below
Type of offence	□ Summary offence		□ Indictable offence
Request for committal proceeding	□ No		□ Yes

•	hear and decide your case and may impose a penalty based on the information in the preliminary brief; or
•	order that you be arrested and brought before the Court.

•	a preliminary brief;
•	a full brief (if you have been served with a notice to appear, you can ask only for a full brief after a summary case conference); and
•	information or copies of what is listed in the preliminary or full brief at least 7 days (or more) before the next court date.

•	14 days to give you a preliminary brief; or
•	at least 14 days to give you a full brief before your contest mention or summary hearing; and
•	7 days to respond to your request.

•	prejudice the investigation, enforcement or proper administration of the law; or
•	prejudice a fair hearing of a charge or impartial adjudication of a particular case; or
•	enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of law; or
•	disclose methods or procedures of preventing, detecting, investigating contraventions or evasions of the law, the disclosure of which would be reasonably likely to prejudice the effectiveness of those methods or procedures; or
•	endanger the life or physical safety of persons or their families, engaged in, or in connection with, law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law; or
•	endanger the life or physical safety of a person referred to in section 43(1)(a) of the Criminal Procedure Act 2009 or of a family member, as defined in the Family Violence Protection Act 2008 , of such a person; or
•	result in the disclosure of child abuse material to the accused personally; or
•	the informant may refuse disclosure of any information, document or thing that is requested under section 43(1)(d) of the Criminal Procedure Act 2009 on any ground for refusal of a witness summons; or
•	the informant may refuse to disclose the particulars of any previous conviction of any witness who the informant intends to call at the hearing if the previous conviction because of its character is irrelevant to the proceeding.

•	get a written notice from the informant that they refuse to give you the requested information; or
•	believe there is information that has not been disclosed that is relevant to your case.

•	make a decision without you about your case and issue a penalty based on the information in the preliminary brief;
•	issue a warrant for your arrest.

•	make a decision without you about your case and issue a penalty based on the information in the preliminary brief; and
•	issue a warrant for your arrest; and
•	charge you with additional offences under the Bail Act 1977 .

•	was given to you at least 14 days before the date of the hearing; and
•	stated the offence with which you have been charged.

Does the accused require an interpreter?	Yes	No
If yes, which language?

		YES	NO
Are there co-offenders?		□	□
	If yes, names of co-offenders:

Is it an alleged sexual offence?		□	□
Is it alleged that the offence arises out of an act of family violence?		□	□

		YES	NO
Factual arguments		□	□
Question of law		□	□
Self defence		□	□
Alibi		□	□
Voir dire/Preliminary issues for determination		□	□

If yes to any of the above, description of issue (e.g. admissibility of all/part of VARE or ROI):
		YES	NO
Application for a confidential communication or protected health information? (section 32C Evidence (Miscellaneous Provisions) Act 1958 )		□	□
	If yes, date of application:
Application in relation to sexual activities of the complainant? (sections 342, 344 Criminal Procedure Act 2009 )		□	□
	If yes, date of application:
Tendency/coincidence notices?		□	□
	If yes, date to be served by:
Hearsay notices?		□	□
	If yes, date to be served by: .
Material not yet provided?		□	□
	If yes, provide details:
Admissions/concessions?		□	□
	If yes, provide details:
Ground rules hearing to be held?		□	□
	If yes, date to be held:
WITNESSES REQUIRED
*Prosecution:*		YES	NO
Informant		□	□
Corroborator		□	□
Other police officer		□	□
Civilian		□	□
Expert		□	□
Child witness		□	□
	Child witness service booked?	□	□
Cognitively impaired witness		□	□
	Remote booked?	□	□
Witness in custody		□	□
Witness in other location		□	□
Protected witness		□	□
	Remote booked?	□	□
	Order made for Victoria Legal Aid to cross-examine witness (section 357 Criminal Procedure Act 2009 )?	□	□
*Accused:*		YES	NO
Civilian		□	□
Expert		□	□
Child		□	□

		YES	NO
Will compellability of family members arise? (section 18 Evidence Act 2008 )		□	□
	Legal advice arranged?	□	□
Will self-incrimination arise? (section 128 Evidence Act 2008 )		□	□
	Legal advice arranged?	□	□

	YES	NO
CCTV	□	□
Body worn camera footage	□	□
Other exhibits in electronic form	□	□

		YES	NO
Audiovisual link		□	□
Remote witness facility		□	□
DVD/laptop		□	□
Interpreter		□	□
	If yes, language required:

[ Name and signature of legal practitioner of accused OR accused ]
[ Name and signature of prosecutor ]
Note: If the accused is not legally represented, this form is to be completed by the prosecution relevant to the information in their possession. This form is to be filed with the Court Coordinator at the relevant venue.

Name of accused (or witness)					Court Ref.:
Address					Gender
Postcode					Date of birth
□ The accused (or witness) has been				□ remanded in custody
				□ returned to the custody of the Secretary to the Department of Justice and Community Safety
□ The proceeding has been adjourned and the accused is to be brought before the Magistrates' Court at at 10.00 a.m. on
□ The proceeding has been adjourned and, in accordance with section 42JA of the Evidence (Miscellaneous Provisions) Act 1958 , the accused is required to appear before the Magistrates' Court at [ venue ] on the [ date of hearing ] via audio visual link at the time of [ time of hearing ], unless the accused is held in a place without audio visual facilities, in which case the accused is to be brought physically before the Court at that time.
□ The accused has been committed to stand trial.
The charge
What is the charge? [ brief description ]
Who filed the charge?
Agency and address
The charge is filed			□ at the Magistrates' Court at
			□ with the Bail Justice making this order
AUTHORITY AND DIRECTIONS
To all police officers, or all prison officers, or [ insert name ]
You must take and safely convey the person named in this warrant to □ a prison □ a police gaol □ a youth justice centre and deliver the person to the officer in charge of that facility.

To the Secretary to the Department of Justice and Community Safety or the Chief Commissioner of Police (as the case may be), or any other person into whose custody the person is transferred.
You must receive the person named in this warrant into custody and safely keep that person—
	(a)	until [ date of next hearing ] when you are to convey the person to [ court location ] at [ time of hearing ]; or
	(b)	for the period specified, or in the circumstances described, in this warrant; or
	(c)	until that person is otherwise removed or discharged from custody by due course of law.
□	The accused has consented to an adjournment of the proceeding for more than 8 clear days. The accused has also been granted bail. If the accused has not been released on bail at the end of 8 days the person who has custody of the accused must bring the accused before the Magistrates' Court at [ venue ] or to the Melbourne Assessment Prison or to [ name of other place ] where facilities exist to enable the accused to appear before the Court by means of audio visual link.
ENDORSEMENTS
□	The accused did not apply for bail.
□	I certify that the accused's application for bail was refused. The reasons for my refusal are:
□	I certify that bail was granted and the accused is to be released from custody when the accused signs an undertaking with the conditions which are endorsed below:
□	The accused was legally represented by Name of legal practitioner: Name of legal practice: Contact details:

		Amount unpaid
Charge	Total penalty imposed	Fine	Statutory costs	Costs	Default period
1
2
3
4
5
6
7
8
9
0
Total amount unpaid $

BETWEEN:	[ name of informant ]
v.
[ name of accused ]
Committal mention date:

	Information, document or thing	Nature of privilege, immunity, prohibition or restriction
1.	[ Describe the information, document or thing (including any detail relating to the information, document or thing) that was not described in the disclosure certificate ]	[ Describe the privilege, immunity, prohibition or restriction to which the information, document or thing is subject ]
2.
3.
4.
5.

1.	Type of hearing [ insert details ]
2.	Date of hearing [ insert ]
3.	The grounds on which this application is made are [ set out grounds ] Note: If the application is made less than 14 days before the hearing, section 42M of the Evidence (Miscellaneous Provisions) Act 1958 also requires a good and sufficient reason for the application to be considered.
4.	Is this application being made with the consent of the parties to the proceeding?
5.	Prison location at date of filing [ insert ]
6.	If the answer to question 4 is no, what parties have not given consent?
7.	Do facilities exist in custody for an audio visual link?
8.	Have any previous applications been made?

	Unpaid amounts
Charge	Fine	Statutory costs	Costs	Hours of work ordered	How hours to be served