Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 2 5 Infringements Court 2 6 New Form 1 substituted 2 7 New Forms 3, 4 and 5 substituted 4 8 New Form 6 substituted 11 ═══════════════ Endnotes 13 -- 1 of 14 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 113/2015 Magistrates' Court Act 1989 Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to amend the Magistrates' Court Criminal Procedure Rules 2009— (a) to prescribe the venue of the Infringements Court; and (b) to make minor amendments to the forms prescribed under those Rules that relate to commencing a criminal proceeding and the form that must be included in a process or other document specified in Rule 12 of those Rules. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 3 Commencement These Rules come into operation on 12 October 2015. -- 2 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 2 4 Principal Rules In these Rules, the Magistrates' Court Criminal Procedure Rules 20091 are called the Principal Rules. 5 Infringements Court (1) In rule 94 of the Principal Rules, for "121 Exhibition Street Melbourne." substitute "either of the following—". (2) At the end of rule 94 of the Principal Rules insert— "(a) 80 Collins Street Melbourne; (b) 277 William Street Melbourne.". 6 New Form 1 substituted For Form 1 of the Principal Rules substitute— "FORM 1 Rule 11 CHARGE-SHEET Date of hearing: ...../...../...... Details of accused Name: Gender: Date of birth: ...../...../..... Mobile phone number: Email address: Registration number of vehicle: State registered: Driver licence number: State issued: To the accused: You have been charged with an offence. Read these pages to see what you must do. -- 3 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 3 Details of the charge against you 1. What is the charge? (Description of offence) Act or Section or Clause Under what law?  State  Act Regulation No. (Full Ref.)  Commonwealth  Regulation  Other— specify Are there more charges?  No  Yes—see 2 below Type of offence  Summary offence  Indictable offence Request for committal proceeding  No  Yes 2. What is the charge? (Description of offence) Act or Section or Clause Under what law?  State  Act Regulation No. (Full Ref.)  Commonwealth  Regulation  Other— specify Are there more charges?  No  Yes—see "Continuation of Charges" attached Type of offence  Summary offence  Indictable offence Request for committal proceeding  No  Yes -- 4 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 4 Who filed the charge-sheet(s)? Name of Informant: Agency and Address: Phone: Email: Fax No.: Agency Ref.: Signature of Informant: Date: Filed at: Date:". 7 New Forms 3, 4 and 5 substituted For Forms 3, 4 and 5 of the Principal Rules substitute— "FORM 3 Rule 11 CHARGE-SHEET AND SUMMONS Details of accused Name: Gender: Date of birth: ...../...../..... Mobile phone number: Email address: Registration number of vehicle: State registered: Driver licence number: State issued: To the accused: You have been charged with an offence. Read these pages to see what you must do. -- 5 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 5 Details of the charge against you What is the charge? (Description of offence) Act or Section or Clause Under what law?  State  Act Regulation No. (Full Ref.)  Commonwealth  Regulation  Other— specify Are there more charges?  No  Yes—see "Continuation of Charges" attached Type of offence  Summary offence  Indictable offence Request for committal proceeding  No  Yes Who filed the charge-sheet(s)? Name of Informant: Agency and Address: Phone: Email: Fax No.: Agency Ref.: Signature of Informant: Date: Filed at: Date: Where will the case be heard? -- 6 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 6 The Magistrates' Court at [venue] Address Phone When Time Day Month Year Details about this summons Issued at: Date: Registrar: Magistrate: Police officer: Prescribed person: -- 7 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 7 FORM 4 Rule 11 CHARGE-SHEET AND SUMMONS (CORPORATE ACCUSED) Details of corporate accused Name of corporate accused: Mobile phone number: Email address: Registration number of vehicle: State registered: Driver licence number: State issued: To the corporate accused: 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. Act or Section or Clause Under what law?  State  Act Regulation No. (Full Ref.)  Common- wealth  Regulation  Other— specify Are there more charges?  No  Yes—see "Continuation of Charges" attached Type of offence  Summary offence  Indictable offence Request for committal proceeding  No  Yes -- 8 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 8 Who filed the charge-sheet(s)? Name of 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: Police officer: Prescribed person: -- 9 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 9 FORM 5 Rule 11 CHARGE-SHEET AND WARRANT TO ARREST Details of accused Name of accused: Gender: Date of birth: ...../...../..... Mobile phone number: Email address: Registration number of vehicle: State registered: Driver licence number: State issued: To the accused: 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): Act or Section or Clause Under what law?  State  Act Regulation No. (Full Ref.)  Common- wealth  Regulation  Other— specify Type of offence  Summary offence  Indictable offence Request for committal proceeding  No  Yes Who filed charge-sheet(s)? Name of Informant: Agency and Address: -- 10 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 10 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 police officers: 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:  it is probable the person will not answer a summons  the person has absconded or is likely to abscond  the person is avoiding the service of a summons  the warrant is  required  authorised by another Act namely  other Issued at Date Before Registrar Magistrate". -- 11 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 11 8 New Form 6 substituted For Form 6 of the Principal Rules substitute— "FORM 6 Rule 12 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. The Court will not provide written notification of listing dates. To receive electronic notification of listing dates, please ensure your mobile phone number and/or email address are kept updated with the Court. 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.)". -- 12 of 14 -- Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 12 Dated: 6 October 2015 PETER LAURITSEN, Chief Magistrate BARRY BRAUN, Deputy Chief Magistrate DANIEL JOHN MULING, Deputy Chief Magistrate ═══════════════ -- 13 of 14 -- Endnotes Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 S.R. No. 113/2015 Authorised by the Chief Parliamentary Counsel 13 Endnotes 1 Rule 4: S.R. No. 181/2009. Reprint No. 1 as at 4 December 2014. Reprinted to S.R. No. 203/2014. -- 14 of 14 --