Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - REG 2.07

Procedure for determination of application by single Judge of Appeal

    (1)     An application for leave to appeal may be determined by a single Judge of Appeal in accordance with this Rule.

    (2)     Subject to paragraphs (4) and (5), a single Judge of Appeal may without an oral hearing—

        (a)     determine an application for leave to appeal and—

              (i)     grant leave to appeal;

              (ii)     grant leave to appeal on some grounds of appeal and refuse leave to appeal on other grounds of appeal;

              (iii)     refuse leave to appeal; or

        (b)     refer the application for leave to appeal for determination by the Court of Appeal comprising two or more Judges of Appeal of whom the referring Judge of Appeal may be one.

    (3)     If a single Judge of Appeal determines an application for leave to appeal without an oral hearing and makes an order—

        (a)     of a kind referred to in paragraph (2)(a)(i) or (2)(b), the Registrar shall notify the appellant in Form 6–2DA; or

        (b)     of a kind referred to in paragraph (2)(a)(ii) or (2)(a)(iii), the Registrar shall notify the appellant in Form 6–2DB.

    (4)     An appellant

        (a)     may request an oral hearing of the application by completing the Oral Hearing Option section of the notice of application for leave to appeal; and

        (b)     if an oral hearing is requested, must confirm that request in writing to the Registrar, in accordance with any applicable practice direction.

    (5)     If an appellant requests an oral hearing and confirms that request in accordance with paragraph (4), the application shall not be determined without an oral hearing.



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