Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012 S.R. No. 118/2012 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 New Part 4 inserted into Order 2 2 PART 4—ADJOURNMENT OF CRIMINAL PROCEEDINGS 2 31A First mention 2 31B Attendance required if accused on bail 3 31C Attendance required at subsequent hearings 3 31D Dispensing with compliance 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 118/2012 Magistrates' Court Act 1989 Criminal Procedure Act 2009 Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to amend Chapter III of the Rules of the Magistrates' Court to alter the requirements under the Criminal Procedure Act 2009 for appearance and attendance of an accused in criminal proceedings in the Magistrates' Court. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989, section 419 of the Criminal Procedure Act 2009 and all other enabling powers. 3 Commencement These Rules come into operation on 1 January 2013. -- 2 of 5 -- S.R. No. 118/2012 Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012 Authorised by the Chief Parliamentary Counsel 2 4 New Part 4 inserted into Order 2 After Part 3 of Order 2 of the Magistrates' Court Criminal Procedure Rules 20091 insert— "PART 4—ADJOURNMENT OF CRIMINAL PROCEEDINGS 31A First mention (1) Subject to subrule (3) and Rule 31B, an accused is not required to appear at the first mention hearing of a criminal proceeding if— (a) the accused applies for an adjournment; and (b) the application for the adjournment has been lodged with the Court at the earliest opportunity, but not later than 3.00 pm on the day before the first mention hearing; and (c) the accused has been notified by the registrar that the case will be administratively adjourned. (2) An application for an adjournment must— (a) state the current status of the case; (b) state whether the brief has been received; (c) state whether a case conference has been held and, if so, the outcome; (d) include any other relevant information. (3) An unrepresented accused who wishes to apply for an adjournment must contact the Court to apply for the adjournment. (4) In this Rule, appear has the same meaning as it has in the Criminal Procedure Act 2009. r. 4 -- 3 of 5 -- S.R. No. 118/2012 Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012 Authorised by the Chief Parliamentary Counsel 3 31B Attendance required if accused on bail Despite any application for an adjournment, an accused on bail is required to attend Court in answer to that bail. 31C Attendance required at subsequent hearings (1) An accused on bail, or on summons, must attend at the second mention hearing or a subsequent mention hearing of a criminal proceeding or any other listing of that proceeding, whether or not the accused wishes to apply for an adjournment. (2) An application for an adjournment referred to in subrule (1) must be heard or determined by the Court constituted by a Magistrate or constituted by a judicial registrar. (3) In this Rule, attend has the same meaning as it has in the Criminal Procedure Act 2009. 31D Dispensing with compliance The Court may dispense with compliance with any of the requirements of this Part either before or after the occasion for compliance arises.". Dated: 23 October 2012 IAN L. GRAY, Chief Magistrate LANCE I. MARTIN, Deputy Chief Magistrate PETER LAURITSEN, Deputy Chief Magistrate ═══════════════ r. 4 -- 4 of 5 -- S.R. No. 118/2012 Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012 Authorised by the Chief Parliamentary Counsel 4 ENDNOTES 1 Rule 4: S.R. No. 181/2009 as amended by S.R. Nos 18/2011, 59/2011, 123/2011 and 150/2011. Endnotes -- 5 of 5 --