Victorian Numbered Regulations Victorian Numbered RegulationsFORMS
FORM 1
Form 1
CHARGE-SHEET
To the Date of Hearing
Accused M F Date of Birth
Registration No. State
Licence No. State
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)
2. What is the charge?
(Description of offence)
Who filed the charge-sheet(s)?
(Informant):
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Form 1
Signature of Informant:
Date:
Filed at:
Date:
__________________
FORM 2
Form 2
CONTINUATION OF CHARGES
Page No.
Person charged:
(Description of offence)
|
Act or |
Section or Clause | ||
|
o State |
o Act |
Regulation No. |
(Full Ref.) |
|
o Commonwealth |
o Regulation | | |
| |
o
Other— | ||
|
o Summary offence |
o Indictable offence | ||
|
Request for committal proceeding |
o No |
o Yes | |
(Description of offence)
|
Act or |
Section or Clause | ||
|
o State |
o Act |
Regulation No. |
(Full Ref.) |
|
o Commonwealth |
o Regulation | | |
| |
o
Other— | ||
|
o Summary offence |
o Indictable offence | ||
|
Request for committal proceeding |
o No |
o Yes | |
Are there more charge(s)? face="Wingdings">o No face="Wingdings">o Yes—see page No.
Signature of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Registrar:
Date:
Filed at:
Form 2
Date:
__________________
FORM 3
Form 3
CHARGE-SHEET AND SUMMONS
To the
Accused M F Date of Birth
Registration No. State
Licence No. State
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)
Who filed the charge-sheet(s)?
(Informant)
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
Where will the case be heard?
The Magistrates' Court at [ venue ]
Address Phone
When Time Day Month Year
Details about this summons
Issued at:
Date:
Registrar:
Magistrate:
Form 3
Member of the police force:
Prescribed person:
__________________
FORM 4
Form 4
CHARGE-SHEET AND SUMMONS
(CORPORATE ACCUSED)
To the
Corporate Accused:
Registration No. State
Licence No. State
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.
Who filed the charge-sheet(s)?
(Informant)
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
Where will the case be heard?
The Magistrates' Court at [ venue ]
Address Phone
When Time Day Month Year
Details about this summons
Issued at:
Date:
Form 4
Registrar:
Magistrate:
Member of the police force:
Prescribed person:
__________________
FORM 5
Form 5
CHARGE-SHEET AND WARRANT TO ARREST
To the
Accused M F Co. Date of Birth
Registration No. State
Licence No. State
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):
Who filed charge(s)?
(Informant)
Agency and Address:
Phone:
Email:
Fax No.:
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:
Warrant to arrest
To all members of the police force
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 him or her 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:
o it is probable the person will not answer a summons
o the person has absconded or is likely to abscond
o the person is avoiding the service of a summons
o the warrant is o required o authorised by another Act namely
o other
Issued at Date
Form 5
Before
Registrar
Magistrate
__________________
FORM 6
Form 6
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.
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, Arabic, Cambodian, Chinese, Greek, Italian, Polish, Russian, Spanish, Turkish and Vietnamese languages.)
__________________
FORM 7
Form 7
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 AT
[ Date ] [ 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 ]
Member of the police force or person authorised to act:
Agency and address:
Phone:
Email:
Fax No.:
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.
Form 7
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/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 acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.
|
*Sworn/Declared at |
[ Name and address in legible writing, typing or stamp below signature ]
*a person authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration.
*a person authorised under section 123C(1) of the Evidence (Miscellaneous
Provisions) Act 1958 to take an affidavit.
Form 7
*Delete if not applicable.
__________________
FORM 8
Form 8
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 he or she 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 him or her.
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 |
|
● |
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?
Form 8
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
Form 9
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 and a statement that you have no previous convictions or a copy of your criminal record at least 42 days before the committal mention hearing.
Plea Brief:
If you have decided 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.
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.
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 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 ]
Form 9
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
Form 10
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:
o A copy of the charge-sheet setting out the charges against you
o A copy of the Notice to Appear
o A statement made by the informant (the person who charged you) personally sworn, signed or attested
o A copy of your criminal record or a statement that you have no previous convictions
o Any evidentiary certificate issued under any Act
o A list of any other orders that are or will be sought
o 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:
o 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 Member/
Authorised Officer
Name/Rank/Number:
Agency and Address:
Phone:
Email:
Fax:
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.
Form
10
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 CHARGED WITH A SUMMARY OFFENCE AND DO NOT APPEAR AT COURT
If you have been charged with a summary offence, 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; |
|
● |
order that you be arrested and brought before the court; |
|
● |
if you have been charged and released on bail you must attend at court, or you may be arrested and charged with an additional offence. |
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 you may be arrested and brought to court.
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 order that you be arrested and
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 an additional offence.
Form 10
FURTHER INFORMATION
Contact the registrar at your local Magistrates' Court for further information.
__________________
FORM 11
Form 11
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:
o A copy of the charge-sheet setting out the charges against you
o 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:
o A copy of any statement(s) that you have signed
o Your record of interview
o A copy of any audiovisual recording or transcript relating to the taking of a forensic procedure
o A list of witnesses at the hearing and copies of their statements
o Legible copies of any documents
o A list of any exhibits (objects) and detailed descriptions—if these cannot be described, a clear photograph must be included
o Details of any forensic procedure, examination or test that has not been completed
o 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:
o A list of the people who have made written statements and copies of their statements
o A list of the people who have provided information and summaries of what they said
o A list of any exhibits and detailed descriptions or clear photographs
o A copy of medical examination records or results of forensic procedures that have been conducted
o 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 Member/
Authorised person
Form 11
Name/Rank/Number:
Agency and Address:
Phone:
Email:
Fax:
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 CHARGED WITH A SUMMARY OFFENCE AND DO NOT APPEAR AT COURT
If you have been charged with a summary offence, 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; |
|
● |
order that you be arrested and get the police to bring you to court; |
|
● |
if you have been charged and released on bail you must attend at court, or you may be arrested and charged with an additional offence. |
Form 11
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.
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 you may be arrested and brought to court.
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 order that you be arrested and 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 an additional offence.
FURTHER INFORMATION
Contact the registrar at your local Magistrates' Court for further information.
__________________
FORM 12
Form 12
REQUEST FOR CONTESTED SUMMARY HEARING
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
|
BETWEEN: |
[ name of informant ] |
|
v. | |
|
[ name of accused ] | |
TAKE NOTICE that—
o The accused is represented by:
o The accused is not legally represented
Estimated Hearing Time: [ insert number of hour(s)/day(s) ]
A Summary Case Conference has been held: Yes/No
|
WITNESSES REQUIRED | |
ISSUES IN DISPUTE | |
|
Prosecution: | |
Factual Argument |
Yes/No |
|
Informant |
Yes/No |
Question of Law |
Yes/No |
|
Corroborator |
Yes/No |
Self Defence |
Yes/No |
|
Other Police |
Yes/No |
Alibi |
Yes/No |
|
Civilian |
Yes/No |
Voire Dire |
Yes/No |
|
Expert |
Yes/No |
Admissions/Concessions |
Yes/No |
|
Child |
Yes/No |
If yes, provide description: | |
|
Protected Witness |
Yes/No | | |
|
Accused: |
Yes/No | | |
|
Informant |
Yes/No | | |
|
Corroborator |
Yes/No | | |
|
Other Police |
Yes/No | | |
|
Civilian |
Yes/No | | |
| | | | |
|
Expert |
Yes/No | | |
|
Child |
Yes/No | | |
|
Protected Witness |
Yes/No | | |
OFFENCES
Co-offenders: Yes/No
If yes, names of co-offenders if known:
Is it an alleged sexual offence: Yes/No
Is it alleged that the offence arises out of an act of family violence: Yes/No
RESOURCES REQUIRED
|
Audiovisual link |
Yes/No |
Interpreter |
Yes/No |
|
Remote Witness Facility |
Yes/No |
If yes, language required: | |
|
In-Court screens |
Yes/No |
DVD/Video/TV |
Yes/No |
REQUEST MATTER BE LISTED FOR A CONTESTED HEARING
Form 12
[ Signature of Legal Practitioner of Accused or Accused ]
[ Signature of Police 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.
__________________
FORM 13
Form 13
WITNESS SUMMONS
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
To the Witness
DETAILS OF THE CASE
Name of person charged: [ Accused ]
Summary of the charges:
Who filed the charges? [ Informant ]
Agency and address:
Email Addresss: Phone No.:
WHAT YOU HAVE TO DO
You must bring this summons with you and
o come to court to give evidence in the proceeding
o come to court to give evidence and also produce at the hearing the following documents or things that are in your possession or control
o 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 at the hearing.
If you fail to attend the hearing or give evidence in accordance with this document 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.
WHERE WILL THE CASE BE HEARD?
The Magistrates' Court at [ venue ]
Address: Phone:
When Time Day Month Year
Details about this summons
Issued at:
Date:
Form 13
Issued by:
Registrar:
Magistrate:
Summons filed by: [ identify party ]
__________________
FORM 14
Form 14
NOTICE OF ALIBI
(Section 51 of the Criminal Procedure Act 2009 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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 fax or 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
Form 15
CASE ABRIDGEMENT APPLICATION
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
Applicant:
Date of application:
Name of accused:
Date of birth:
Current date of hearing:
Abridgement date:
Reason for abridgement:
Abridged by consent: Yes/No
Accused in custody: Yes/No
Notice given to central prison records: Yes/No
Signature of applicant:
Date:
__________________
FORM 16
Form 16
APPLICATION—IDENTITY CRIME
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
This application is made by:
o the victim
o a person on behalf of the victim
o 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 .
[ Accused ] 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:
Phone:
Email:
Fax No.:
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:
Form 16
*Delete if not applicable
__________________
FORM 17
Form 17
IDENTITY CRIME CERTIFICATE
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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
Form 18
APPLICATION FOR A REHEARING
(Section 88 of the Criminal Procedure Act 2009 )
Informant's name Date of birth
Agency Licence No.
Accused's name Phone No.
Address Postcode
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 face="Wingdings">o personally o by post o 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. You must serve a copy of this notice of intention to apply for re-hearing on the person who charged you. This is done by—
(a) giving a copy of this 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 fax or email addressed to the informant at the fax number or 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.
Once you have served the document you must fill in the ''Affidavit of Service'' and give it to the Registrar of the Court at the venue where your case was heard. This must be done at least 7 days before the date for the Application for re-hearing.
2. If you are making an application for a stay of order you must serve a copy on the person who charged you 7 days before the court date for that 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.
Form 18
If the application is made by the informant on behalf of the accused you must serve a copy of the notice in the same manner as a summons may be served.
__________________
FORM 19
Form 19
WARRANT TO ARREST
(Section 61 of the Magistrates' Court Act 1989 )
(
Criminal Procedure Act 2009 )
Name of person to be arrested Court Ref.
Address M F
Postcode Date of Birth
Statement of reasons for this warrant
What is the reason? face="Wingdings">o the accused failed to appear before the Court in answer to a charge and summons.
o the accused failed to attend before the Court in accordance with his or her bail.
o the accused failed to appear before the Court in answer to a notice to appear.
o the person was served with a witness summons and failed to attend before the Court on in answer to that witness summons.
face="Wingdings">o Other—give details.
The accused was charged with
Who filed the charges?
Agency and address
WARRANT TO ARREST
To all members of the police force
or
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 him or her before a bail justice or the Court as soon as practicable to be dealt with according to law.
OR
release him or her 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*:
[ 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 on the following conditions:
Form 19
Magistrate Date
*Delete if not applicable
__________________
FORM 20
Form 20
SEARCH WARRANT
(Section 75 of the Magistrates' Court Act 1989 )
Court Ref.
Name and/or description of person or article, thing or material
Place/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
Or all members of the police force:
o 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.
o 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 person 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—
o to be brought before a bail justice or the Court as soon as practicable to be dealt with according to law;
or
o to be released on bail in accordance with the endorsement
on this warrant.
Form 20
This warrant is authorised by section of the Act Issued at a.m./p.m. on by Magistrate
*Delete if not applicable.
__________________
FORM 21
Form 21
REMAND WARRANT
(Section 79 of the Magistrates' Court Act 1989 )
Signed at on
by
Form 21
Magistrate/Bail Justice/Registrar
__________________
FORM 22
Form 22
WARRANT TO IMPRISON
(Except for unpaid fine(s))
(Section 68 of the
Magistrates' Court Act 1989 )
WARRANT TO IMPRISON Court Ref.
(Except for unpaid fine)
Offender's Name M F
Address Date of Birth
Where proceeding heard the Magistrates' Court at
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 face="Wingdings">o Yes face="Wingdings">o No
Time spent in custody Years Months Days
Taken into account face="Wingdings">o Yes face="Wingdings">o No
Eligible for pre-release face="Wingdings">o Yes face="Wingdings">o No
Sentences imposed in this case to be—
cumulative upon other sentences presently being
served o
Yes o No
part concurrent with other sentences presently being
served o
Yes o No
Concurrent portion of sentence Years Months Days
cumulative on any period owed to the Parole Board o Yes o No
part concurrent with any period owed to the Parole
Board o Yes
o No
Concurrent portion of sentence Years Months Days
Authority and directions
To all members of the police force, all prison officers or
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—
o a prison o a prison or police gaol o 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 Correctional Services 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.
Form 22
Issued by Registrar Date
[ Signature ] Magistrate
Schedule to Warrant to Imprison
Court Ref.
Offender Page Number
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 (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 (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"
PSU The term imposed by the Court was partially suspended under section 27 of the Sentencing Act 1991 . The period not suspended is shown in the column "Portion of term to be served".
Schedule to Warrant to Imprison
Case Number
Accused Page Number
Code Table
Warrant Execution Details
Form 22
Police Station Warrant executed by me on at a.m./p.m.
Name Rank and Number
__________________
FORM 23
Form 23
WARRANT TO IMPRISON
(Unpaid fine(s))
|
Court Ref. | |
|
Offender's Name: | | |
M |
F |
|
Address: | | | | |
|
Who filed the charges? | |
Agency: |
DETAILS OF THE FINE
On [ date ] the Magistrates' Court at [ venue ]
convicted and fined the offender.
|
Amount unpaid | |||||
|
|
Total penalty imposed |
|
|
|
|
|
1 | | | | | |
|
2 | | | | | |
|
3 | | | | | |
|
4 | | | | | |
|
5 | | | | | |
|
6 | | | | | |
|
7 | | | | | |
|
8 | | | | | |
|
9 | | | | | |
|
0 | | | | | |
|
Total amount unpaid $ | |||||
AUTHORITY AND DIRECTIONS
To all members of the police force, all prison officers, the Sheriff or
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 Principal Registrar.
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
o a prison or police gaol
o a youth justice centre
and to deliver the person to the officer in charge of the prison, police gaol or youth training centre.
To the Commissioner of Correctional Services 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 Principal Registrar.
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 Principal Registrar.
Issued by:
Form 23
Registrar:
[ signature ]
Date:
Magistrate:
[ signature ]
Date:
__________________
FORM 24
Form 24
WARRANT TO SEIZE PROPERTY
|
Court Ref. |
|
Who was ordered to pay | | |
M |
F |
Co | |
|
Address | | |
Date of birth | |||
| | | |
ACN | |||
| | | |
Registration No. | |||
| | | |
Licence No. | |||
The amount was ordered to be paid because:
Issued at: [ venue ]
Issued by:
Form 24
Registrar:
[ signature ]
Date:
Magistrate:
[ signature ]
Date:
__________________
FORM 25
Form 25
NOTICE OF APPEARANCE
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
|
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(s) ]
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:
Fax number for service of documents:
Email address for service of documents electronically ( if available ):
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.
__________________
FORM 26
Form 26
APPLICATION FOR COMPULSORY EXAMINATION
(Section 103 of the
Criminal Procedure Act 2009 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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 he or she refused to do so;
* the informant is aware he or she has obtained legal advice;
* he or she has been a suspect with respect to the matter;
* he or she has 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. [or p.m.] or so soon afterwards as the
business of the Court allows.
Date:
[ registrar ]
This application was filed by: [ name of informant ]
*delete if inapplicable
__________________
FORM 27
Form 27
NOTICE OF ORDER
( to be served on the accused )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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
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.
Form 27
*delete if inapplicable
__________________
FORM 28
Form 28
NOTICE OF ORDER
( to be served on person to whom order relates )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
TO: [ name of person to whom order relates ]
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 105 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:
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 inapplicable
__________________
FORM 29
Form 29
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 Reference:
TO: [ accused(s) ]
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.
Form 29
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;
(c) fix a date for a committal hearing;
(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 or a registrar of the Magistrates' Court as soon as possible.
[ 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 member of the police force in the State of Victoria *make oath and say/*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 acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.
*Sworn/Declared at [place]
in the State of Victoria
on [ date ] [ time ]
Before
[ Name and address in legible writing, typing or stamp below signature ]
Form
29
*a person authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration.
*a person authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit.
__________________
FORM 30
Form 30
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 Reference:
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.
OR
*3. No orders were made for the examination of any person under section 104 of the Criminal Procedure Act 2009 .
OR
*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.
OR
*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 ]
OR
*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—
*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
Form 30
*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
*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
*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 member of the police force
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:
Date:
NOTE
Form 30
This Form is to be completed by the informant and included in any hand-up brief.
*delete if inapplicable
__________________
FORM 31
Form 31
APPLICATION
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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 57 ].
*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 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:
Date:
Registrar:
This application was filed by:
*delete if inapplicable
__________________
FORM 32
Form 32
CASE DIRECTION NOTICE
(Section 119 of the Criminal Procedure Act 2009 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
TO: the registrar
*TAKE NOTICE that—
o the *accused/*accused's legal practitioner has read the brief of evidence;
o the DPP or informant has read the brief of evidence;
o 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);
o 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 ]
Form 32
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 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 ]
*7. The accused seeks the production of an item or items not included in the hand-up brief
*8. 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.
*9. 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:
Date:
Signature ( for or on behalf of the DPP or informant ):
Form 32
*delete if not applicable
__________________
FORM 33
Form 33
NOTICE OF COMMITTAL PROCEEDING
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
TO: [ accused(s) ]
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?
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.
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 solicitor, Victoria Legal Aid or a registrar of the Magistrates' Court 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:
Form 33
Registrar:
*delete if not applicable
__________________
FORM 34
Form 34
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 Reference:
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. [or 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 inapplicable
__________________
FORM 35
Form 35
APPLICATION FOR THE FIXING OF A LONGER PERIOD FOR THE HOLDING OF A COMMITTAL
PROCEEDING FOR A SEXUAL OFFENCE
(Section 99(3) of the Criminal Procedure Act
2009 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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. [or 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 inapplicable
__________________
FORM 36
Form 36
APPLICATION FOR JOINT COMMITTAL
(Section 25 of the Magistrates' Court Act
1989 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
To: [ name ]
*Male/*Female
Date of Birth:
Address:
Children's Court Case File No.:
DETAILS OF THIS APPLICATION
The applicant is charged with offence(s) that include:
o murder o attempted murder o manslaughter o arson causing death face="Wingdings">o culpable driving causing death o 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 for joint committal in the Magistrates' Court
o has been made (attach copy of order)
o has not been made
o 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:
Phone:
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
Form 36
NOTE: An order for joint committal must be made in both the Children's and Magistrates' Courts 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
Form 37
CAUTION TO BE GIVEN TO PERSON CHARGED
(Section 141(2) of the Criminal Procedure Act 2009
and section 398 of the
Crimes Act 1958 )
"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 do you desire to do?"
__________________
FORM 38
Form 38
ELECTION TO STAND TRIAL WITHOUT A COMMITTAL PROCEEDING BEING CONDUCTED
(Section 143 Criminal Procedure Act 2009 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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:
Form 38
[ signature of accused ]
__________________
FORM 39
Form 39
COMMITTAL CAUTION
(Section 144 of the Criminal Procedure Act 2009 )
You may plead guilty or not guilty. If you plead guilty to all 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
Form 40
ALIBI CAUTION
(Section 190 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;
(b) the name of any witness to the alibi;
(c) last known address of the witness;
(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 41
Form 41
NOTICE OF APPLICATION FOR ORDER THAT THE EVIDENCE OF A PERSON BE TAKEN
(
Section 149 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
TO: *the DPP/*the accused
AND TO: the registrar
THE *accused/*DPP—
intends to apply to the Court for an order that the evidence of [ name of person(s) ] be taken at a time and place to be fixed by the Court.
An issue to which the proposed questioning relates and a reason as to why the evidence is relevant to the issue are set out as follows:
[ insert details ]
The accused has been committed for trial at [ name of court ] at [ place ] on [ trial 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.
Date:
Signature:
*of accused/*accused's legal practitioner
Date:
[ registrar ]
This notice of application was filed by: [ insert name ].
*delete if inapplicable
__________________
FORM 42
Form 42
RESPONSE TO NOTICE OF APPLICATION FOR ORDER THAT THE EVIDENCE OF A PERSON BE
TAKEN
(Section 149 of the Criminal Procedure Act 2009 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
TO: *the accused/co-accused
AND TO: the registrar
THE DPP—
*CONSENTS to an order that the evidence of [ name of person(s) ] be taken at a time and place to be fixed by the Court.
or
*OPPOSES an order for the evidence of [ name of person(s) ] be taken at a time and place to be fixed by the Court for the following reasons:
[ set out reasons ]
[ signature ]
Signature *for or on behalf of the DPP
Date:
[ registrar ]
This Response to Notice of application was filed by: [ insert name ].
*delete if inapplicable
__________________
FORM 43
Form 43
CERTIFIED EXTRACT
(Section 18 of the Magistrates' Court Act 1989 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
On [ date ] the Magistrates' Court at [ venue ]
made the following entries in the register:
Accused
Informant, Plaintiff
or Complainant
|
Case No. |
Nature of Charge or Civil Proceeding |
Court Order |
|
Fees |
$ |
Magistrate |
Remarks
o Plea not guilty o Appeared o Blood Alcohol
o Plea guilty o Did not appear ......................
o No
plea o
Consented to summary face="Wingdings">o 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 Signature
__________________
FORM 44
Form 44
NOTICE OF REQUEST FOR APPEARANCE VIA
AUDIO VISUAL LINK
(Section 42K of the
Evidence (Miscellaneous Provisions) Act 1958 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
To Central Prison Records
Accused Witness: [ full name ]
Accused Witness CRN No.:
Prison: [ full name ]
Date of Hearing:
Purpose of hearing:
Time of appearance:
Take notice that the Accused is required to appear at the hearing in the Magistrates' Court via audio visual link.
Time of audio visual link (as provided or notified by a Court Coordinator):
__________________
FORM 45
Form 45
NOTICE OF APPLICATION UNDER SECTION 42L OF THE
EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
(Section 42L of the
Evidence (Miscellaneous Provisions) Act 1958 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
[The Queen]
v.
[ 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 details ]
The grounds on which this application are made are [ set out grounds ]
Date:
[ Signature ]
__________________
FORM 46
Form 46
NOTICE OF APPLICATION UNDER SECTION 42M, 42N
OR 42P OF THE
EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
(Section 42M, 42N or 42P of the
Evidence (Miscellaneous
Provisions) Act 1958 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
[The Queen]
v.
[ name of accused ]
PART 1—PARTICULARS OF APPLICATION
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 details ] |
|
3. |
The grounds on which this application is made are [ set out grounds ] |
|
4. |
Is this application being made with the consent of the parties to the proceeding? |
|
5. |
If the answer to question 4 is No, what parties have not given consent? |
|
6. |
If the accused is in custody, do facilities exist for an audio visual link? |
Date:
[ Signature ]
PART 2—PARTICULARS OF HEARING
( 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 46
__________________
FORM 47
Form 47
APPLICATION FOR TIME TO PAY A FINE
(Section 55(1) of the Sentencing Act 1991 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
INSTALMENT ORDER
VARIATION OF
INSTALMENT 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—
o an order that time be allowed for payment of the fine
o an order that the fine be paid by instalments
o an order for the variation of the terms of an instalment order.
DETAILS OF THE COURT ORDER
The Court ordered that I pay $ in fines and costs.
I o was o was not present when the order was made.
The Court ordered that the fines and costs be paid—
o by [ date ]
o by
instalments of $ to be paid on the day of each
o week
o fortnight
o month.
o 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
o by / /
o by
instalments of $ on the day of each
o week
o fortnight
o 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 ]
Form 47
NOTE: The registrar who deals with this application will notify you in writing of the decision.
o Tick whichever applies
__________________
FORM 48
Form 48
APPLICATION FOR COMMUNITY-BASED ORDER
(Section 55(1) of the Sentencing Act
1991 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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 community-based 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 o was o was not present when the order was made.
The Court ordered that the fines and costs be paid—
o by [ date ]
o by
instalments of $ to be paid on the day of each
o week
o fortnight
o month
o The Court 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 1 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 community-based order I must—
o not commit another offence punishable by imprisonment.
o report to a community corrections centre as specified by the Court.
o report to, and receive visits from, a community corrections officer.
o notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.
o not leave Victoria except with the permission of an officer at the specified community corrections centre.
o obey all lawful instructions and directions of community corrections officers.
o 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 ]
Witnessed by
[ Signature of person in default ] [
Signature of witness ]
[ Print name of witness ]
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 ]
Form 48
The amount of warrant costs to be included is $
[ Signature ]
[ Print name ]
__________________
FORM 49
Form 49
CONSENT TO THE MAKING OF A COMMUNITY-BASED ORDER FOR UNPAID WORK IN LIEU OF
PAYMENT OF A FINE
(Section 62(7)(b) of the Sentencing Act 1991 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
Name [ full name ]
of [ address ]
CONSENT TO A COMMUNITY-BASED ORDER
I consent to the making by the Court of a community-based 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 1 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 community-based order I must—
o not commit another offence punishable by imprisonment.
o report to a community corrections centre specified by the Court.
o report to, and receive visits from, a community corrections officer.
o notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.
o not leave Victoria except with the permission of an officer at the specified community corrections centre.
o obey all lawful instructions and directions of community corrections officers.
o 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
Form 49
The Court will send you a notice of the making of a community-based order and its conditions.
__________________
FORM 50
Form 50
NOTICE ABOUT THE PROCEDURES FOR ENFORCEMENT OF FINES
(Section 62(8) 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 supply 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 ∗COMMUNITY-BASED 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 ∗community-based 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 Office of Corrections 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.
∗ Section 62(13) of the Sentencing Act 1991 provides that a person may not consent to the making of a community-based order if the fine was imposed in respect of an offence heard and determined by the Court as a result of the revocation of an enforcement order within the meaning of, or the making of an application under section 68(1) the Infringements Act 2006 .
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 community-based 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.
Form 50
• 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
Form 51
NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF A FINE (BODIES CORPORATE)
(Section 66(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
Form 52
COMMUNITY-BASED ORDER IN DEFAULT OF PAYMENT OF A FINE
(Section 62(9) of the
Sentencing Act 1991 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
TO
of
Date of birth [ date ]
On [ date ], with your signed consent, this community-based order is made against you requiring you to perform unpaid community work in respect of the unpaid fine set out below which was imposed by the Magistrates' Court at [ venue ] on [ date ].
|
Unpaid amounts | | | |||
|
|
|
Statutory 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 community-based 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 Magistrates' Court at [ venue ] will supervise this order.
The conditions of this Order are that you must:
o not commit another offence for which you could be imprisoned during the time that the order is in force.
o report to the above community corrections centre within 2 clear working days of the order starting.
o report to, and receive visits from, a community corrections officer.
o 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.
o not leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre.
o obey all lawful instructions and directions given to you by community corrections officers.
o 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 ]
Form 52
*Delete if not applicable
__________________
FORM 53
Form 53
SUMMONS FOR FAILURE TO PAY A FINE
(Section 64(1) of the Sentencing Act 1991 )
In the Magistrates' Court of
Victoria at [ venue ] Court Reference:
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. |
|
$ |
Statutory Costs $ |
Costs/Other amount(s) $ |
$ |
$ |
| | | | | | | |
| | | | | | | |
|
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.
Form 53
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.
__________________