Victorian Numbered Regulations

SUPREME COURT (CHAPTER VI MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED AMENDMENT) RULES 2014 (SR NO 207 OF 2014) - REG 6

After Order 3B of the Principal Rules insert —

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

        3C.01     Application of Order

This Order applies to appeals to the Trial Division from the Children's Court constituted by the President of that Court under Part 5A of the Crimes
(Mental Impairment and Unfitness to be Tried) Act 1997 .

        3C.02     Appeal by child against finding of unfitness to be tried

A notice of appeal to the Trial Division under section 38U(1) of the Crimes
(Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CA.

        3C.03     Appeal by child against finding of not guilty because of mental impairment

A notice of appeal to the Trial Division under section 38ZE(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CB.

        3C.04     Appeal by DPP against order for unconditional release

A notice of appeal to the Trial Division under section 38ZF(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CC.

        3C.05     Appeal by child against supervision order

A notice of appeal to the Trial Division under section 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CD.

        3C.06     Appeal by DPP, Attorney-General or Secretary to the Department of Human Services or Secretary to the Department of Health against supervision order

A notice of appeal to the Trial Division under section 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 shall be in Form 6–3CE.

        3C.07     Affidavit in support

    (1)     At the time of filing a notice of appeal in accordance with Rule 3C.02, 3C.03, 3C.04, 3C.05 or 3C.06 (as the case requires), the appellant shall file an affidavit in support of the appeal, together with the requisite exhibits.

    (2)     The affidavit shall set out the acts, facts, matters and circumstances relating to—

        (a)     the finding or order of the Children's Court constituted by the President against which the appeal is brought; and

        (b)     the grounds in the notice of appeal.

    (3)     There shall be included as exhibits to the affidavit—

        (a)     a copy of the charge, indictment or other written process against the appellant;

        (b)     a copy of the finding or order against which the appeal is brought; and

        (c)     a copy of any reasons given for the finding or order—

or their absence as exhibits shall be accounted for in the affidavit.

    (4)     There shall also be included as exhibits to the affidavit copies of all other documents on which the appellant intends to rely in support of the appeal, insofar as those documents or copies are within the possession or power of the appellant.

    (5)     At the time of transmitting the notice of appeal to the Supreme Court as required by the applicable provisions of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , the Children's Court shall also transmit to the Supreme Court the affidavit and exhibits filed by the appellant under this Rule.

    (6)     At the time of serving the notice of appeal as required by the applicable provisions of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , the appellant shall also serve a copy of the affidavit and copies of the exhibits on the respondent in accordance with—

        (a)     section 392 of the Criminal Procedure Act 2009 in the case of an appeal by a child; and

        (b)     section 391 of that Act in any other case.

        3C.08     Children's Court recording officer to give Court documents when required

The Court may require the recording officer of the Children's Court to provide to the Court any documents retained by the Children's Court that are relevant to the appeal.

__________________".