Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017


TABLE OF PROVISIONS

   ORDER 1—PRELIMINARY

   1.01.   Title and object  
   1.02.   Authorising provisions  
   1.03.   Commencement and revocation  
   1.04.   Application of Rules  
   1.05.   Definitions  
   1.06.   Registrar of Criminal Appeals  
   1.06.1. Associate Judge acting for Registrar  
   1.07.   Calculating time  
   1.08.   Extension and abridgement  
   1.09.   Process in vacation  
   1.10.   Content and form of documents  
   1.11.   Filing of documents  
   1.12.   Subpoenas  
   1.12.1. Subpoenas—Trans-Tasman Proceedings Act 2010  
   1.12.2. Procedure under the Vexatious Proceedings Act 2014  
   1.13.   Authentication  
   1.14.   Amendment of judgment or order  
   1.15.   Effect of non-compliance and dispensing with compliance  
   1.16.   Exercise of jurisdiction by Judge of the Court or Court of Appeal  
   1.17.   Notices to be signed  
   1.18.   General applications  

   ORDER 2—CRIMINAL APPEALS

   PART 1--PRELIMINARY

   2.01.   Definitions  
   2.02.   Single judge  
   2.03.   Jurisdiction and powers exercisable by two Judges of Appeal  
   2.04.   Legal practitioners  

   PART 2--COMMENCEMENT OF APPEALS UNDER DIVISIONS 1 AND 2 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009

   2.05.   Application for leave to appeal against conviction or sentence  
   2.06.   Application may be determined by single Judge of Appeal  
   2.07.   Procedure for determination of application by single Judge of Appeal  
   2.08.   Procedure for renewal of application  
   2.09.   Powers of determination  
   2.10.   Application may be treated as appeal  
   2.11.   No notice of appeal when leave is granted  
   2.12.   Unrepresented appellant  
   2.13.   Registrar may vacate hearing date or refer for dismissal  

   PART 3--APPEALS UNDER DIVISION 3 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDUREACT 2009

   2.15.   Crown appeals  

   PART 4--APPLICATIONS UNDER DIVISION 5 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDUREACT 2009

   2.16.   Refusal to reserve question of law—application to show cause  
   2.17.   Applicant to file affidavit  

   PART 5--APPEALS UNDER CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED)ACT 1997

   2.17.1. Application of this Part  
   2.18.   Commencement of appeal against finding that accused is unfit to stand trial  
   2.19.   Commencement of appeal against verdict of not guilty because of mental impairment  
   2.20.   Application may be treated as appeal  
   2.21.   No notice of appeal when leave is granted  

   PART 6--APPLICATIONS UNDER DIVISION 7 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDUREACT 2009

   2.22.   Application for extension of time  
   2.23.   Extension of time before Registrar  
   2.24.   Extension of time—application under section 313(2)  
   2.25.   Application under section 315—refusal of Judge of Appeal to exercise powers  

   PART 7--REFERENCE TO COURT OF APPEAL ON PETITION OF MERCY

   2.26.   Reference on petition of mercy  

   PART 8--PROCEDURES

   2.27.   Time  
   2.28.   Fine and imprisonment in default—fine paid to be retained pending appeal  
   2.29.   Procedure for appeal where fine and imprisonment in default  
   2.30.   Pre-hearing conference  
   2.31.   Transcript of trial  
   2.32.   Preservation of exhibits  
   2.33.   Copies of transcript, exhibits etc.  
   2.34.   Return of exhibits after hearing  
   2.35.   Certificate of conviction  
   2.36.   Attendance of appellant  
   2.37.   Bringing appellant in custody before the Court  
   2.38.   Bail  
   2.39.   Registrar to notify determination  
   2.40.   Notice of abandonment  
   2.41.   Abandonment  
   2.42.   Report from trial judge  
   2.43.   Original depositions, exhibits etc.  
   2.44.   Witnesses before Court of Appeal—section 318  
   2.45.   Examination other than by court under section 318(2)  
   2.46.   Special commissioners—section 320  
   2.47.   Entitlement to hearing when restitution order or compensation order made  
   2.48.   Property subject to restitution order or compensation order  
   2.49.   Security may be ordered  
   2.50.   Property subject to order for forfeiture or destruction  
   2.51.   Custody of property of convicted person  
   2.52.   Transfer of prisoners  
   2.53.   Duties of prison officers  
   2.54.   Obligation of prison officers—section 283 appeals  

   PART 9--OTHER APPLICATIONS TO COURT OF APPEAL

   2.55.   Application of Part  
   2.56.   Application by summons  
   2.57.   Service  
   2.58.   Directions hearing  
   2.59.   Court of Appeal may set aside or give directions  

   ORDER 3--—INTERLOCUTORY APPEALS UNDER THE CRIMINAL PROCEDURE ACT 2009

   3.01.   Application of Order  
   3.02.   Definitions  
   3.03.   Commencement of interlocutory appeal—section 295  
   3.04.   Commencement of application for review of refusal to certify—section 296  
   3.05.   Appellant to file affidavit  
   3.06.   Application for leave may be treated as appeal or review  

   ORDER 3A—APPEALS ON A QUESTION OF LAW

   PART 1--GENERAL

   3A.01.  Application of Order and definitions  
   3A.02.  Commencement of appeal on a question of law  
   3A.03.  Notice of appeal  
   3A.04.  Appellant to file affidavit  
   3A.05.  Directions  
   3A.07.  Stay  
   3A.08.  Delay and expedition  
   3A.09.  Report  

   PART 2--AUTHORITY OF ASSOCIATE JUDGE UNDER THIS ORDER

   3A.10.  Authority of Associate Judge to hear applications or matters  
   3A.11.  Reference by Judge of the Court to Associate Judge  
   3A.12.  Appeal to a Judge of the Court from Associate Judge  
   3A.13.  Appeal from Associate Judge to the Court of Appeal  

   PART 3--AUTHORITY OF JUDICIAL REGISTRAR UNDER THIS ORDER

   3A.14.  Authority of judicial registrar to hear applications or matters  
   3A.15.  Reference of application or matter to judicial registrar  
   3A.16.  Reference of appeal to judicial registrar  
   3A.17.  Appeal from determination by judicial registrar  
   3A.18.  Judicial registrar may act for another  

   ORDER 3B--—APPEALS UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005 OTHER THAN APPEALS ON A QUESTION OF LAW

   3B.01.  Application of Order  
   3B.02.  Notice of appeal and undertaking to proceed with appeal  
   3B.03.  Legal practitioner to notify that practitioner acts  
   3B.04.  Prothonotary to fix hearing  
   3B.05.  Recording of decision on appeal under section 424  
   3B.06.  Appeal by DPP against sentence  
   3B.07.  Appeal by DPP under section 429A—failure to fulfil undertaking  
   3B.08.  Abandonment of appeal  
   3B.09.  Order striking out appeal  
   3B.10.  Application to set aside order striking out appeal for failure to appear  
   3B.11.  Original depositions, exhibits etc.  
   3B.12.  Prothonotary to notify determination  
   3B.13.  Certificate of conviction  
   3B.14.  Fine and imprisonment in default—fine paid to be retained pending appeal  
   3B.15.  Entitlement to hearing when restitution order or compensation order made  
   3B.16.  Property subject to restitution order or compensation order  

   ORDER 3C--—APPEALS FROM CHILDREN'S COURT UNDER THE CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997

   3C.01.  Application of Order 3C  
   3C.02.  Appeal by child against finding of unfitness to be tried  
   3C.03.  Appeal by child against finding of not guilty because of mental impairment  
   3C.04.  Appeal by DPP against order for unconditional release  
   3C.05.  Appeal by child against supervision order  
   3C.06.  Appeal by DPP, Attorney-General or Secretary to the Department of Health and Human Services against supervision order  
   3C.07.  Affidavit in support  
   3C.08.  Children's Court recording officer to give Court documents when required  

   ORDER 3D--—APPEALS TO TRIAL DIVISION UNDER PART 6.1 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009

   3D.01.  Application of this Order  
   3D.02.  Definitions  
   3D.03.  Notice of appeal by offender  
   3D.04.  Appeals by DPP against sentence or failure to fulfil undertaking  
   3D.05.  Prothonotary to fix date for hearing of appeal  
   3D.06.  Abandonment of appeal  
   3D.07.  Written notice of abandonment of appeal—conviction only  
   3D.08.  Application to set aside an order striking out appeal for failure to appear  
   3D.09.  Recording and notification of result of appeal  
   3D.10.  Legal practitioner to notify that practitioner acts  

   ORDER 4—CRIMINAL PROCEDURE RULES

   PART 1--PRE-TRIAL CRIMINAL PROCEDURE

   4.01.   Definitions  
   4.02.   Filing indictment  
   4.03.   Notice to accompany copy indictment—no legal practitioner representing accused  
   4.04.   Notice by legal practitioner to DPP and Judicial Registrar-Criminal Division  
   4.05.   Notice by legal practitioner to Prothonotary  
   4.06.   Unrepresented accused  
   4.07.   Case conference  

   PART 2--NOTICES UNDER THE ACT AND GENERAL MATTERS

   4.09.   Commonwealth DPP  
   4.10.   DPP to specify sections in notice given under the Act  
   4.11.   Notice of alibi  
   4.12.   Recording of time and date of arraignment  
   4.13.   Notice of intention to plead guilty to remaining charges in indictment  
   4.14.   Summons or warrant when direct indictment filed  

   PART 3--AUTHORITY OF JUDICIAL REGISTRARS UNDER THIS ORDER

   4.15.   Authority of judicial registrar at directions hearings  
   4.16.   Limitations on authority of judicial registrar  
   4.17.   Further authority of judicial registrars  
   4.18.   Judicial registrar may constitute Trial Division of Court  
   4.19.   Appeal from determination by a judicial registrar under this Order  
   4.20.   Judicial registrar may act for another  

   ORDER 5—PAYMENT OF FINES RULES

   PART 1--PAYMENT OF FINES--SENTENCING ACT 1991

   5.01.   Definitions  
   5.02.   Proper officer  
   5.03.   Application  
   5.04.   Application operates as stay  
   5.05.   Consideration of application  
   5.06.   Service of copy order  
   5.07.   Enforcement of fines against a natural person  
   5.08.   Enforcement of fine against body corporate  

   PART 2--APPLICATIONS UNDER THE SHERIFF ACT 2009

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

   ORDER 6—CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME

   PART 1--PRELIMINARY MATTERS

   6.01.   Definitions  
   6.02.   Application of this Order  
   6.03.   Notice by legal practitioner  

   PART 2--APPLICATIONS UNDER THE CONFISCATION ACT 1997

   6.04.   Making of application to the Court  
   6.05.   Notice and service generally  
   6.06.   Applications for restraining orders  
   6.07.   Applications for monitoring orders  
   6.08.   Application without notice under the Act  
   6.09.   Form of certain applications and notices of application  
   6.10.   Filing and directions  
   6.11.   Notice by person contesting an application  
   6.12.   Evidence  
   6.13.   Notice of order or declaration  
   6.14.   Notice of discharge  
   6.15.   Interstate order  
   6.16.   Examination under section 98(2) of the Act  

   PART 3--APPLICATIONS UNDER THE COMMONWEALTH ACT

   6.17.   Making of application to the Court under the Commonwealth Act  
   6.18.   Notice and service under the Commonwealth Act  
   6.19.   Applications for restraining orders and other applications under the Commonwealth Act  
   6.20.   Applications for monitoring orders under the Commonwealth Act  
   6.21.   Filing and directions  
   6.22.   Notice by person contesting an application under the Commonwealth Act  
   6.23.   Evidence  
   6.24.   Notice of order or declaration under Commonwealth Act  

   ORDER 7—SURVEILLANCE DEVICES RULES

   7.01.   Definition  
   7.02.   Application of Order  
   7.03.   Forms of application  
   7.04.   Filing and service of documents  
   7.05.   Form of surveillance device warrants  
   7.06.   Form of retrieval warrant  
   7.07.   Assistance orders  
   7.08.   Reports under section 30K  

   ORDER 9—WITNESS PROTECTION RULES

   9.01.   Definition  
   9.02.   Application of Order  
   9.03.   Application  
   9.04.   Filing and service of documents  

   ORDER 10--—APPLICATIONS FOR THE USE OF AUDIO VISUAL LINKS AND AUDIO LINKS

   10.01.  Definition  
   10.02.  Application under section 42E of the Act  
   10.03.  Application under section 42L of the Act  
   10.04.  Application under section 42M of the Act  
   10.05.  Application under section 42N of the Act  
   10.06.  Application under section 42P of the Act  

   ORDER 11—TERRORISM (COMMUNITY PROTECTION) RULES

   11.01.  Definition  
   11.02.  Application of Order  
   11.03.  Form of application to Court  
   11.04.  Filing of documents  
   11.05.  Form of warrant  

   ORDER 12—SERIOUS OFFENDERS RULES

   12.01.  Definitions  
   12.02.  Application of Order  
   12.03.  Application for supervision order and renewal of supervision order  
   12.04.  Supervision order  
   12.05.  Notice of application for declaration that a condition is a restrictive condition  
   12.06.  Notice of application to extend intensive treatment and supervision condition  
   12.07.  Notice of application for interim supervision order and extension of interim supervision order  
   12.08.  Interim supervision order and order extending interim supervision order  
   12.09.  Notice of application for detention order and renewal of detention order  
   12.10.  Detention order  
   12.11.  Notice of application for interim detention order and extension of interim detention order  
   12.12.  Interim detention order and order extending interim detention order  
   12.13.  Notice of application for emergency detention order  
   12.14.  Emergency detention order  
   12.15.  Warrant to detain  
   12.16.  Notice of application for review of orders  
   12.17.  Application for leave to review supervision order  
   12.18.  Application for leave to review detention order  
   12.19.  Notice of application for detention order and interim detention order during review of supervision order  
   12.20.  Notice of application for review of conditions of supervision order or interim supervision order  
   12.21.  Notice of application for review of intensive treatment and supervision condition  
   12.22.  Notice of appeal  
   12.23.  Order for a person to attend for examination  
   12.24.  Notice of intention to dispute report  
   12.25.  Filing of documents  

   ORDER 12A—SEX OFFENDERS REGISTRATION RULES

   12A.01. Definition  
   12A.02. Forms of application for exemption from reporting requirements  
   12A.03. Forms of application by Chief Commissioner of Police  
   12A.04. Filing of documents  

   ORDER 13—MAJOR CRIME (INVESTIGATIVE POWERS) RULES

   13.01.  Definition  
   13.02.  Application of Order  
   13.03.  Applications made under this Order  
   13.04.  Form of application for coercive powers order or extension or variation of order  
   13.05.  Form of order  
   13.05.1.Application for revocation of coercive powers order  
   13.05.2.Application objecting to disclosure or production of protected information at revocation hearing  
   13.06.  Form of application for witness summons  
   13.07.  Form of application for order to bring person in custody before Chief Examiner  
   13.08.  Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act  
   13.09.  Application to determine legal professional privilege  
   13.10.  Filing of documents  

   ORDER 14—ASSUMED IDENTITY RULES

   14.01.  Definition  
   14.02.  Application of Order  
   14.03.  Applications made under this Order  
   14.04.  Forms of application under the Act  
   14.05.  Filing of documents  
   14.06.  Forms of order  

   ORDER 15—IDENTITY CRIME RULES

   15.01.  Identity crime certificate  
   15.02.  Notice to prosecutor to assist  

   ORDER 16—PROCEDURE UNDER THE OPEN COURTS ACT 2013

   16.01.  Definitions  
   16.02.  Notice of application for suppression order  
           SCHEDULE
           ENDNOTES


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