County Court (Chapter III Amendment No. 1) Rules 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapter III Amendment No. 1) Rules 2012 S.R. No. 31/2012 TABLE OF PROVISIONS Rule Page 1 Objects 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Appeals by DPP against sentence or failure to fulfil undertaking 2 6 Enforcement of fine against a natural person 2 7 New Order 8 inserted 3 ORDER 8 3 SENTENCING ACT 1991 RULES 3 8.01 Application to deal with community correction order under section 48M of Sentencing Act 1991 3 8 Form 3C amended 3 9 Form 5A amended 3 10 Form 5B substituted 4 Form 5B—Fine Conversion Order under Sentencing Act 1991 4 Form 5BA—Fine Default Unpaid Community Work Order under Sentencing Act 1991 5 11 New Form 8A inserted 6 Form 8A—Application under Section 48N(1) of the Sentencing Act 1991 6 12 Spent amending provisions revoked 7 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 31/2012 Criminal Procedure Act 2009 County Court Act 1958 County Court (Chapter III Amendment No. 1) Rules 2012 A majority of the Judges of the County Court makes the following Rules: 1 Objects The objects of these Rules are to amend Chapter III of the Rules of the County Court— (a) as a consequence of the commencement of provisions of the Sentencing Amendment (Community Correction Reform) Act 2011; and (b) to make statute law revision and other minor amendments to, and revoke spent amending provisions from, those Rules. 2 Authorising provisions These Rules are made under section 419 of the Criminal Procedure Act 2009, section 78 of the County Court Act 1958 and all other enabling powers. 3 Commencement These Rules come into operation on 14 May 2012. 4 Principal Rules In these Rules, the County Court Criminal Procedure Rules 20091 are called the Principal Rules. -- 2 of 10 -- S.R. No. 31/2012 County Court (Chapter III Amendment No. 1) Rules 2012 Authorised by the Chief Parliamentary Counsel 2 5 Appeals by DPP against sentence or failure to fulfil undertaking For Rule 3.03(1) of the Principal Rules substitute— "(1) A notice of appeal referred to in section 258 of the Act in respect of an appeal by the DPP under section 257 of the Act— (a) must be in Form 3C; and (b) must state the general grounds of appeal on which the DPP intends to rely upon the hearing of the appeal. Note Section 258(1) of the Act requires the notice of appeal to be filed within 28 days after the day on which the sentence of the Magistrates' Court is imposed. (1A) A notice of appeal referred to in section 261 of the Act in respect of an appeal by the DPP under section 260 of the Act— (a) must be in Form 3C; and (b) must state the general grounds of appeal on which the DPP intends to rely upon the hearing of the appeal.". 6 Enforcement of fine against a natural person For Rule 5.06(1) of the Principal Rules substitute— "(1) An order under section 55(1)(d) of the Sentencing Act 1991 must be in Form 5B. (1A) An order under section 62(10)(a) or 62A(1) of the Sentencing Act 1991 must be in Form 5BA.". r. 5 -- 3 of 10 -- S.R. No. 31/2012 County Court (Chapter III Amendment No. 1) Rules 2012 Authorised by the Chief Parliamentary Counsel 3 7 New Order 8 inserted After Order 7 of the Principal Rules insert— "ORDER 8 SENTENCING ACT 1991 RULES 8.01 Application to deal with community correction order under section 48M of Sentencing Act 1991 An application under section 48N(1) of the Sentencing Act 1991 to deal with a community correction order under section 48M of that Act may be in Form 8A. __________________". 8 Form 3C amended In Form 3C of the Principal Rules, for "section 258" substitute "section 257". 9 Form 5A amended In Form 5A of the Principal Rules— (a) for "*COMMUNITY-BASED ORDER IN LIEU OF FINE" substitute "*FINE CONVERSION ORDER"; (b) for "received" substitute "receive". r. 7 -- 4 of 10 -- S.R. No. 31/2012 County Court (Chapter III Amendment No. 1) Rules 2012 Authorised by the Chief Parliamentary Counsel 4 10 Form 5B substituted For Form 5B of the Principal Rules substitute— "RULE 5.06(1) FORM 5B IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: FINE CONVERSION ORDER UNDER SENTENCING ACT 1991 To: [name] Date of Birth: Of: [address] On [date], this Fine Conversion Order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of ............................... UNPAID AMOUNTS Fine Statutory Cost Costs Hours of work ordered Duration of order How hours to be served $ $ $ 00 hours 00 months As directed Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work 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]. You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date]. The conditions of this order are that you must— * report to the above Community Corrections Centre within 2 clear working days of the order starting; * report to, and receive visits from, a Community Corrections Officer; r. 10 -- 5 of 10 -- S.R. No. 31/2012 County Court (Chapter III Amendment No. 1) Rules 2012 Authorised by the Chief Parliamentary Counsel 5 * 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; * not leave Victoria without first obtaining permission to do so from an officer at the above Community Corrections Centre; * obey all directions given to you by Community Corrections Officers; * perform unpaid community work as directed by the Regional Manager of the Office of Corrections for the period determined by the Court. This order was made on [date] at [place]. [Signature of Offender] [Signature of Judge/Registrar] __________________ RULE 5.06(1A) FORM 5BA IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: FINE DEFAULT UNPAID COMMUNITY WORK ORDER UNDER SENTENCING ACT 1991 To: [name] Date of Birth: Of: [address] On [date], this Fine Default Unpaid Community Work Order was made against you, requiring you to perform unpaid community work in respect of the unpaid fines set out below which were imposed by the County Court at [venue] on [date] for the offence(s) of ............................... UNPAID AMOUNTS Fine Statutory Cost Costs Hours of work ordered Duration of order How hours to be served $ $ $ 00 hours 00 months As directed r. 10 -- 6 of 10 -- S.R. No. 31/2012 County Court (Chapter III Amendment No. 1) Rules 2012 Authorised by the Chief Parliamentary Counsel 6 Where the hours are stated as being served cumulatively they are to be served in addition to any other fine conversion order/fine default unpaid community work 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]. You must attend at [place, address, phone number] within 2 clear working days with a copy of this order. Being on or before the [date]. The conditions of this order are that you must— * report to the above Community Corrections Centre within 2 clear working days of the order starting; * report to, and receive visits from, a Community Corrections Officer; * 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; * not leave Victoria without first obtaining permission to do so from an officer at the above Community Corrections Centre; * obey all directions given to you by Community Corrections Officers; * perform unpaid community work as directed by the Regional Manager of the Office of Corrections for the period determined by the Court. This order was made on [date] at [place]. [Signature of Offender] [Signature of Judge/Registrar] __________________". 11 New Form 8A inserted After Form 7B of the Principal Rules insert— "RULE 8.01 FORM 8A APPLICATION UNDER SECTION 48N(1) OF THE SENTENCING ACT 1991 CASE No.: This application is being made by of To: r. 11 -- 7 of 10 -- S.R. No. 31/2012 County Court (Chapter III Amendment No. 1) Rules 2012 Authorised by the Chief Parliamentary Counsel 7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Information about the community correction order ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Which Court made the order? The Court at . When was the order made? It was made on / / . It started on / / . It ends on / / . ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Information about this application ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– I want the community correction order cancelled/varied to— [specify changes required] –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– I want the order cancelled/varied for the following reasons— –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTICE OF APPLICATION To: The above application is being made to the Court at The application will be heard on Day Month Year at a.m./p.m. ––––––––––––––––– Signature of Applicant Dated: Day Month Year ". 12 Spent amending provisions revoked (1) Rule 1.14 of the Principal Rules is revoked. (2) Schedule 1 to the Principal Rules is revoked. r. 12 -- 8 of 10 -- S.R. No. 31/2012 County Court (Chapter III Amendment No. 1) Rules 2012 Authorised by the Chief Parliamentary Counsel 8 Dated: 9 May 2012 M. ROZENES, Chief Judge M. E. KENNEDY M. A. RIZKALLA C. M. O'NEILL M. B. HARBISON K. L. BOURKE C. D. DOUGLAS J. M. J. PATRICK T. D. WOOD P. G. LACAVA G. R. ANDERSON P. M. TAFT D. L. ALLEN F. SACCARDO P. G. MISSO M. A. GAMBLE M. E. SEXTON H. MASON P. J. COISH T. J. GINNANE K. R. HOWIE J. D. MONTGOMERY R. F. PUNSHON J. L. PARRISH W. A. WILMOTH M. H. TINNEY G. T. CHETTLE G. T. CANNON S. S. DAVIS M. E. DEAN D. A. PARSONS J. F. CARMODY S. E. PULLEN R. J. H. MAIDMENT A. J. HOWARD R. H. SMITH L. A. HANNAN M. F. MACNAMARA M. D. MURPHY ═══════════════ r. 12 -- 9 of 10 -- S.R. No. 31/2012 County Court (Chapter III Amendment No. 1) Rules 2012 Authorised by the Chief Parliamentary Counsel 9 ENDNOTES 1 Rule 4: S.R. No. 183/2009. Endnotes -- 10 of 10 --