County Court (Chapter III Amendment No. 4) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapter III Amendment No. 4) Rules 2014 S.R. No. 178/2014 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Heading to Order 4 amended 1 6 Rule 4.01 substituted 2 4.01 Application of this Order 2 7 Notice of appeal by offender 2 8 New Rule 4.03.1 inserted 2 4.03.1 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 2 9 Notice of appeal 3 10 New Form 4BA inserted 3 Form 4BA—Notice of Appeal Against Orders Under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Imposed by Children's Court 3 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 178/2014 County Court Act 1958 County Court (Chapter III Amendment No. 4) Rules 2014 A majority of the Judges of the County Court makes the following Rules: 1 Object The object of these Rules is to amend Chapter III of the Rules of the County Court as a consequence of the enactment of Part 5 of the Criminal Organisations Control and Other Acts Amendment Act 2014. 2 Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3 Commencement These Rules come into operation on 31 October 2014. 4 Principal Rules In these Rules, the County Court Criminal Procedure Rules 20091 are called the Principal Rules. 5 Heading to Order 4 amended In the heading to Order 4 of the Principal Rules, for "UNDER PART 5.4 OF CHAPTER 5 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005" substitute "FROM CHILDREN'S COURT". -- 2 of 7 -- S.R. No. 178/2014 County Court (Chapter III Amendment No. 4) Rules 2014 Authorised by the Chief Parliamentary Counsel 2 6 Rule 4.01 substituted For Rule 4.01 of the Principal Rules substitute— "4.01 Application of this Order This Order applies to any appeal to the Court under— (a) Part 5.4 of Chapter 5 of the Children, Youth and Families Act 2005; or (b) Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.". 7 Notice of appeal by offender After Rule 4.02(1) of the Principal Rules insert— "(1A) A notice of appeal under section 38U(1), 38ZE(1) or 38ZJ(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 must be in Form 4A.". 8 New Rule 4.03.1 inserted After Rule 4.03 of the Principal Rules insert— "4.03.1 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 An appeal under section 38ZF(1) or 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 must be in Form 4BA.". r. 6 -- 3 of 7 -- S.R. No. 178/2014 County Court (Chapter III Amendment No. 4) Rules 2014 Authorised by the Chief Parliamentary Counsel 3 9 Notice of appeal (1) In Form 4A of the Principal Rules— (a) after "*sentence alone" insert— "*finding of unfitness to stand trial *finding of mental impairment *a supervision order"; (b) for "STATEMENT" substitute "*STATEMENT"; (c) for "UNDERTAKING" substitute "*UNDERTAKING". 10 New Form 4BA inserted After Form 4B of the Principal Rules insert— "RULE 4.03.1 FORM 4BA NOTICE OF APPEAL AGAINST ORDERS UNDER THE CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 IMPOSED BY CHILDREN'S COURT To the Registrar of the Children's Court: *I, [full name], the DPP wish to appeal under section 38ZF of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against an order for unconditional release made by the Children's Court in relation to [name of offender] of [address] *I, [full name], the *DPP/*Attorney-General/*Secretary to the Department of Human Services/*Secretary to the Department of Health wish to appeal under section 38ZJ(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 against a supervision order imposed by the Children's Court on [name of offender] of [address] TAKE NOTICE that I apply to the County Court on the ground(s) set out below: r. 9 -- 4 of 7 -- S.R. No. 178/2014 County Court (Chapter III Amendment No. 4) Rules 2014 Authorised by the Chief Parliamentary Counsel 4 The ground(s) of my appeal are: [state the general grounds of the appeal] I am satisfied that the appeal should be brought in the public interest. Date: [Signed personally by *DPP/*Attorney- General/*Secretary to the Department of Human Services/*Secretary to the Department of Health] *delete if not applicable PARTICULARS 1. Name of offender on whom order imposed: 2. Offence for which offender dealt with to which this appeal relates: 3. Order imposed at Children's Court: [place] 4. Children's Court Magistrate: 5. Order made: 6. Date of order: 7. Name and address of legal practitioner who represented offender at summary proceeding: 8. Name of counsel (if any) who represented offender at summary proceeding: __________________". Dated: 20 October 2014 M. ROZENES, Chief Judge I. E. LAWSON M. B. HARBISON P. J. COISH C. D. DOUGLAS R. F. PUNSHON G. R. ANDERSON G. T. CHETTLE J. R. BOWMAN F. MILLANE R. A. LEWITAN F. P. HAMPEL F. E. HOGAN J. G. MORRISH r. 10 -- 5 of 7 -- S.R. No. 178/2014 County Court (Chapter III Amendment No. 4) Rules 2014 Authorised by the Chief Parliamentary Counsel 5 P. D. GRANT M. H. TINNEY S. E. PULLEN G. T. CANNON A. J. HOWARD J. F. CARMODY L. A. HANNAN R. J. H. MAIDMENT M. D. MURPHY R. H. SMITH M. E. KENNEDY M. F. MACNAMARA P. G. MISSO W. E. STUART K. L. BOURKE D. G. BROOKES J. M. J. PATRICK J. A. JORDAN P. G. LACAVA C. J. RYAN P. M. TAFT P. J. COSGRAVE G. P. MULLALY G. F. MEREDITH J. D. MONTGOMERY R. W. DYER J. L. PARRISH C. M. QUIN ═══════════════ r. 10 -- 6 of 7 -- S.R. No. 178/2014 County Court (Chapter III Amendment No. 4) Rules 2014 Authorised by the Chief Parliamentary Counsel 6 ENDNOTES 1 Rule 4: S.R. No. 183/2009. Reprint No. 1 as at 7 March 2014. Reprinted to S.R. No. 110/2013. Subsequently amended by S.R. Nos 14/2014 and 100/2014. Endnotes -- 7 of 7 --