Victorian Numbered Regulations Victorian Numbered RegulationsAfter Order 2 of the Principal Rules insert —
COMMITTAL PROCEEDING
(1) A legal practitioner who represents an accused in a committal proceeding must file in the Court and serve on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding a Notice of Appearance in Form 6A.
(2) The filing and service of a Notice of Appearance required by subrule (1) must take place as soon as practicable after a legal practitioner has received instructions to represent the accused.
(1) Within 7 days after receipt of a Notice of Appearance, the DPP or the other person or body authorised at law to prosecute in the committal proceeding must advise the legal practitioner of the following relevant contact details—
(a) the name and address of the prosecutor handling the matter;
(b) a fax number, an email address, DX number or address of usual business for the service of documents on the DPP or the other person or body authorised at law to prosecute in the committal proceeding;
(c) a fax number, an email address, DX number or address of usual business for the service of documents on the informant.
(2) If 21 days before the committal mention date the DPP or other person or body authorised at law to prosecute in the committal proceeding has not received a Notice of Appearance, the DPP or the other person or body must advise the Court of the relevant contact details.
If a legal practitioner ceases to act for a party in a committal proceeding, the legal practitioner must as soon as possible—
(a) file notice in the Court that the legal practitioner has ceased to act; and
(b) serve a copy on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding.
In a committal proceeding, service of a document by a party may be effected on an accused, by fax or electronic transmission by sending the document to the fax number or email address of the accused's legal practitioner as advised in Form 6A.
Note
See section 392 of the Criminal Procedure Act 2009 for service of documents on the informant or DPP.
The original document, (if a copy of a document was served by fax or email), must be retained by the party serving the document and must be provided to the Court if the Court so requests.
At a filing hearing under section 101 of the Criminal Procedure Act 2009 , the Court may fix a committal mention date on a day according to the listing protocols of the Court after the commencement of the proceeding or on such other day as the Court considers appropriate.
(1) For the purpose of section 110(a) of the Criminal Procedure Act 2009 the prescribed form of notice is Form 6B.
(2) A list of information or other documents contained in a hand-up brief under section 110 of the Criminal Procedure Act 2009 must be in Form 6C.
For the purpose of section 119(a) of the Criminal Procedure Act 2009 the prescribed form of a case direction notice is Form 6D.
On the conclusion of the filing hearing, the registrar must provide the accused or the accused's legal practitioner with a notice in Form 6E.
If the Court has fixed a committal mention date, an application under section 126 of the Criminal Procedure Act 2009 for the Court to fix a longer period for the holding of a committal mention hearing must be in Form 6F.
In any committal proceeding for a sexual offence to which section 99 of the Criminal Procedure Act 2009 applies, an application for the fixing of a longer period for determining the committal proceeding under section 99(3) of that Act must be in Form 6G.
(1) If the Court directs the parties to attend a committal case conference, the legal practitioners representing the informant and the accused must attend the conference.
(2) The purpose of the committal case conference is to assist the effective management of the committal proceeding and timely resolution of issues.
(3) The Court may order, pursuant to section 523 of the Children, Youth and Families Act 2005 that the whole or any part of the committal case conference be heard in closed court, if it is satisfied that this is necessary to achieve the objective set out in subrule (2).
(1) An application for a joint committal under section 516A of the Act must be made in Form 5.
(2) The registrar must notify the Magistrates' Court of any application for a joint committal.
(3) The registrar must provide a copy of an order made by the Court for a joint committal to the registrar of the Magistrates' Court.
For the purposes of section 144(2)(b)(iii) of the Criminal Procedure Act 2009 , the Court may inform the accused by using the manner of caution set out in Form 6H.
For the purposes of section 144(2)(b)(i) of the Criminal Procedure Act 2009 , the Court may inform the accused of the provisions of section 190 of the Criminal Procedure Act 2009 by using the manner of caution set out in Form 6I.
An application for the granting, variation or revocation of trial bail after the date on which the committal proceedings have been concluded must be filed with the Court and served, unless the court otherwise directs.
Note
An application for the variation or for the revocation of trial bail must be in Form 12 or Form 13, respectively, of the Bail Regulations 2012 [2] .
(1) An application for a summary hearing of an indictable offence listed for a committal hearing must be filed with the Court and served on the informant in Form 6, unless the Court otherwise directs.
(2) If the application for a summary hearing is granted by a magistrate in relation to the hearing of an indictable offence, so far as practicable, the matter will thereafter proceed before that magistrate.
Unless otherwise provided by these Rules or by or under any Act, an application in a committal proceeding must be in Form 6.
Unless otherwise provided by these Rules or by or under any Act, an application is made by filing the application with the registrar.
The applicant must serve a copy of an application on every person to whom notice of the application is to be given within a reasonable time before the hearing of the application.
(1) A party may apply to the Court for a special mention hearing.
(2) An application must—
(a) set out the purpose of the application for the special mention hearing; and
(b) be in Form 6.
(3) The Court may of its own motion conduct a special mention hearing to adequately control and oversee the progress of the committal proceeding.
(1) If the parties agree that a special mention hearing should be cancelled, the parties may request the registrar cancel the special mention hearing.
(2) When the registrar is satisfied that there is no need for a special mention hearing, the registrar may cancel the special mention hearing.
(3) A request must be made before the date of the special mention hearing.
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