Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - REG 2.25

Application under section 315—refusal of Judge of Appeal to exercise powers

    (1)     If an application made to a Judge of Appeal under section 315 of the Act is refused by the Judge—

        (a)     the Registrar shall notify the applicant of the decision in Form 6–2D; and

        (b)     the applicant may elect to have the application determined by the Court of Appeal constituted by at least two judges.

    (2)     An election under paragraph (1) shall be by notice in Form 6–2K (with any necessary modification) a copy of which the Registrar shall forward to the applicant.

    (3)     The applicant must return the notice under paragraph (2) to the Registrar within 10 days after receiving it.

    (4)     If notice under paragraph (2) is returned to the Registrar in accordance with paragraph (3), the Registrar shall notify the applicant in writing that—

        (a)     the notice has been received; and

        (b)     when appropriate, the day fixed for the hearing.

    (5)     If notice under paragraph (2) is not returned to the Registrar in accordance with paragraph (3), the Registrar shall confirm to the applicant in writing that—

        (a)     the application made under section 315 of the Act was refused; and

        (b)     no notice of election has been received.



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