Supreme Court (Chapter VI Amendment No. 6) Rules 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Supreme Court (Chapter VI Amendment No. 6) Rules 2011 S.R. No. 6/2011 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Definitions 2 6 Registrar of Criminal Appeals references 2 7 Notices to be signed 2 8 Definitions—Order 2 2 9 Single judge 2 10 Rule 2.03 substituted 2 2.03 Jurisdiction and powers exercisable by two Judges of Appeal 2 11 Rules 2.05 to 2.09.2 substituted 3 2.05 Application for leave to appeal against conviction or sentence 3 2.06 Application may be determined by single Judge of Appeal 4 2.07 Procedure for determination of application by single Judge of Appeal 5 2.08 Procedure for renewal of application 6 2.09 Powers of determination 7 2.09.1 Application may be treated as appeal 8 2.09.2 No notice of appeal when leave is granted 8 12 Full statement of grounds 8 13 Outline of submissions 8 14 Rule 2.12 substituted 8 2.12 Unrepresented appellant 8 15 Rule 2.13 substituted 9 2.13 Registrar may vacate hearing date or refer for dismissal 9 16 Rule 2.14 substituted 9 2.14. Transitional provisions—Supreme Court (Chapter VI Amendment No. 6) Rules 2011 9 -- 1 of 35 -- Rule Page ii Authorised by the Chief Parliamentary Counsel 17 Rule 2.15 substituted 10 2.15 Crown appeals 10 18 Applicant to file affidavit 11 19 Commencement of appeal—Part 5 of Order 2 11 20 Extension of time before Registrar 11 21 Rule 2.24 substituted 12 2.24 Extension of time—application under section 313(2) 12 22 Application under section 315—refusal of Judge of Appeal to exercise powers 12 23 Reference on petition of mercy 13 24 Time 13 25 Pre-hearing conference 13 26 Transcript of trial 13 27 Preservation of exhibits 14 28 Copies of transcript, exhibits etc. and return of exhibits 14 29 Certificate of conviction 14 30 Attendance of appellant 14 31 Written case and argument 14 32 Bail 15 33 Rule 2.39 substituted 15 2.39 Registrar to notify determination 15 34 Abandonment 15 35 Report from trial judge 15 36 Duties of prison officers 16 37 Forms 6–2A to 6–2C substituted 17 Form 6–2A—Notice of Application for Leave to Appeal against Conviction 17 Form 6–2B—Notice of Application for Leave to Appeal against Sentence 20 Form 6–2C—Notice of Application for Leave to Appeal against Sentence Imposed by County Court on Appeal from Magistrates' Court under Section 283 of the Criminal Procedure Act 2009 23 38 Form 6–2D amended 25 39 New Forms 6–2DA to 6–2DC inserted 25 Form 6–2DA—Notification to Appellant of Single Judge's Decision to Grant Leave to Appeal or Refer Application to at Least Two Judges of Appeal 25 Form 6–2DB—Notification to Appellant of Single Judge's Decision to Grant Leave to Appeal on Some Grounds and Refuse Leave on Other Grounds or to Refuse Leave to Appeal 27 -- 2 of 35 -- Rule Page iii Authorised by the Chief Parliamentary Counsel Form 6–2DC—Notification to Appellant of Court of Appeal Decision on Renewed Application 29 40 Other amendments to Forms 30 ═══════════════ ENDNOTES 32 -- 3 of 35 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 6/2011 Supreme Court Act 1986 Criminal Procedure Act 2009 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 The Judges of the Supreme Court make the following Rules: 1 Object The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court— (a) to allow for applications for leave to appeal against conviction or sentence to be determined without oral hearing; and (b) to enhance management of applications for leave to appeal and appeals against conviction or sentence. 2 Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986, section 419 of the Criminal Procedure Act 2009 and all other enabling powers. 3 Commencement These Rules come into operation on 28 February 2011. 4 Principal Rules In these Rules, the Supreme Court (Criminal Procedure) Rules 2008 1 are called the Principal Rules. -- 4 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 2 5 Definitions In Rule 1.05 of the Principal Rules insert the following definitions— "appellant includes applicant for leave to appeal; DPP means the Director of Public Prosecutions for Victoria and includes the Commonwealth Director of Public Prosecutions;". 6 Registrar of Criminal Appeals references (1) Rule 1.06(1) of the Principal Rules is revoked. (2) In Rule 1.11(2)(a) of the Principal Rules omit "of Criminal Appeals". (3) In Rule 1.13(3) of the Principal Rules omit "of Criminal Appeals". 7 Notices to be signed In Rule 1.17 of the Principal Rules omit "or applicant" wherever occurring. 8 Definitions—Order 2 In Rule 2.01(2) of the Principal Rules, in the definition of Crown appeal omit "under section 287 or 291 of the Act". 9 Single judge In Rule 2.02 of the Principal Rules omit "2.10(4), 2.13(3),". 10 Rule 2.03 substituted For Rule 2.03 of the Principal Rules substitute— "2.03 Jurisdiction and powers exercisable by two Judges of Appeal (1) Two Judges of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal in appeals from the r. 5 -- 5 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 3 County Court under Divisions 2 and 4 of Part 6.3 of Chapter 6 of the Act. Note See Order 3 for interlocutory appeals under the Criminal Procedure Act 2009. (2) Two Judges of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal to dismiss an appeal or an application for leave to appeal— (a) for noncompliance with this Order; or (b) if it is otherwise appropriate to do so. (3) Two Judges of Appeal may make any order or give any direction incidental or ancillary to the exercise by them of the jurisdiction and powers of the Court of Appeal.". 11 Rules 2.05 to 2.09.2 substituted For Rules 2.05 to 2.09 of the Principal Rules substitute— "2.05 Application for leave to appeal against conviction or sentence (1) An application for leave to appeal against conviction under section 274 of the Act is commenced by filing with the Registrar a notice of application for leave to appeal in Form 6–2A. Note Section 275(1) of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced, subject to any extension under section 313 of the Act. (2) An application for leave to appeal against sentence under section 278 of the Act is commenced by filing with the Registrar a r. 11 -- 6 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 4 notice of application for leave to appeal in Form 6–2B. Note Section 279(1) of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced, subject to any extension under section 313 of the Act. (3) An application for leave to appeal against sentence under section 283 of the Act is commenced by filing with the Registrar a notice of application for leave to appeal in Form 6–2C. Note Section 284 of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced by the County Court, subject to any extension under section 313 of the Act. (4) A notice of application for leave to appeal shall— (a) state each ground of appeal specifically and concisely, and not merely in general terms; and (b) be accompanied by a written case in support of the application in accordance with any applicable Practice Direction. 2.06 Application may be determined by single Judge of Appeal An application for leave to appeal against conviction or sentence may be determined by the Court of Appeal constituted by either— (a) a single Judge of Appeal in accordance with section 315 of the Act; or r. 11 -- 7 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 5 (b) two or more Judges of Appeal in accordance with section 11 of the Supreme Court Act 1986. 2.07 Procedure for determination of application by single Judge of Appeal (1) An application for leave to appeal may be determined by a single Judge of Appeal in accordance with this Rule. (2) Subject to paragraphs (4) and (5), a single Judge of Appeal may without an oral hearing— (a) determine an application for leave to appeal and— (i) grant leave to appeal; (ii) grant leave to appeal on some grounds of appeal and refuse leave to appeal on other grounds of appeal; (iii) refuse leave to appeal; or (b) refer the application for leave to appeal for determination by the Court of Appeal comprising two or more Judges of Appeal of whom the referring Judge of Appeal may be one. (3) If a single Judge of Appeal determines an application for leave to appeal without an oral hearing and makes an order— (a) of a kind referred to in paragraph (2)(a)(i) or (2)(b), the Registrar shall notify the appellant in Form 6–2DA; or (b) of a kind referred to in paragraph (2)(a)(ii) or (2)(a)(iii), the Registrar shall notify the appellant in Form 6–2DB. r. 11 -- 8 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 6 (4) An appellant— (a) may request an oral hearing of the application by completing the Oral Hearing Option section of the notice of application for leave to appeal; and (b) if an oral hearing is requested, must confirm that request in writing to the Registrar, in accordance with any applicable Practice Direction. (5) If an appellant requests an oral hearing and confirms that request in accordance with paragraph (4), the application shall not be determined without an oral hearing. 2.08 Procedure for renewal of application (1) An application for leave to appeal may be renewed in accordance with this Rule. (2) Where the Registrar has notified an appellant that leave to appeal has been refused in whole or in part, the appellant may elect under section 315 of the Act to renew the application for leave to appeal by completing and returning to the Registrar within 10 days of that notification an election form as contained in Form 6–2DB. (3) Subject to paragraphs (5) and (6), the renewed application shall be considered by the Court of Appeal comprising at least two Judges of Appeal who may, without an oral hearing— (a) grant leave to appeal; (b) grant leave to appeal on some grounds of appeal and refuse leave to appeal on other grounds of appeal; r. 11 -- 9 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 7 (c) refuse leave to appeal; or (d) refer the application for determination by the Court of Appeal comprising not fewer than three Judges of Appeal, who may include either or both of the referring judges. (4) If the Court of Appeal makes an order of the kind referred to in paragraph (3), the Registrar shall notify the appellant in Form 6–2DC. (5) An appellant who elects to renew an application for leave to appeal— (a) may request an oral hearing of the application by completing the Oral Hearing Option section of the election form in Form 6–2DC; and (b) if an oral hearing of the application is requested, must confirm that request in writing to the Registrar, in accordance with any applicable Practice Direction. (6) If an appellant requests an oral hearing of the application and confirms that request in accordance with paragraph (5), the renewed application shall not be determined without an oral hearing. 2.09 Powers of determination (1) If an application is referred to the Court of Appeal under Rule 2.07(2)(b) or 2.08(3)(d), the Court of Appeal, however constituted, may exercise any powers set out in Rules 2.06, 2.07 and 2.08. r. 11 -- 10 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 8 (2) If an appellant makes an initial request for an oral hearing of an application and confirms that request in writing to the Registrar in accordance with any applicable Practice Direction, that request must be complied with in determining any application referred under Rule 2.07(2)(b) or 2.08(3)(d). 2.09.1 Application may be treated as appeal Subject to this Order, the Court of Appeal may treat the hearing of the application as the hearing of the appeal. 2.09.2 No notice of appeal when leave is granted If the Court of Appeal gives leave to appeal, the notice of application for leave to appeal is sufficient notice of appeal.". 12 Full statement of grounds Rule 2.10 of the Principal Rules is revoked. 13 Outline of submissions Rule 2.11 of the Principal Rules is revoked. 14 Rule 2.12 substituted For Rule 2.12 of the Principal Rules substitute— "2.12 Unrepresented appellant If an appellant is unrepresented a document may be served by the appellant by delivering to the Registrar at the time of filing an extra copy of the document marked for service upon the respondent.". r. 12 -- 11 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 9 15 Rule 2.13 substituted For Rule 2.13 of the Principal Rules substitute— "2.13 Registrar may vacate hearing date or refer for dismissal (1) If the Registrar is satisfied that an appellant has not complied with the requirements of this Order or that it is otherwise appropriate to do so, the Registrar may— (a) vacate any hearing date set for the application or appeal; or (b) refer the application or appeal to be dismissed in accordance with Rule 2.03(2). (2) Paragraph (1) is not to be taken to limit any other powers of the Registrar. (3) The Registrar shall notify the appellant in writing of the decision under paragraph (1).". 16 Rule 2.14 substituted For Rule 2.14 of the Principal Rules substitute— "2.14. Transitional provisions—Supreme Court (Chapter VI Amendment No. 6) Rules 2011 (1) Subject to any direction of the Registrar or the Court, these Rules as in force on and from 28 February 2011 apply to any application for leave to appeal or any appeal commenced but not determined before 28 February 2011. (2) The Court of Appeal may reinstate any appeal or application for leave to appeal which stood dismissed under Rule 2.13 as in force immediately before 28 February 2011 in accordance with that Rule as if it had not been substituted by the Supreme Court r. 15 -- 12 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 10 (Chapter VI Amendment No. 6) Rules 2011.". 17 Rule 2.15 substituted For Rule 2.15 of the Principal Rules substitute— "2.15 Crown appeals (1) A notice of appeal by the DPP shall— (a) be filed with the Registrar; (b) state each ground of appeal specifically and concisely and not merely in general terms; and (c) be accompanied by a written case in support of the appeal in accordance with any applicable Practice Direction. Note Section 288(1) of the Act requires the notice of appeal to be filed within 28 days after the day on which the sentence is imposed, subject to any extension under section 313 of the Act. (2) The DPP shall serve the written case on the respondent at the time of service of the notice of appeal. Note Section 288(3) of the Act requires a notice of appeal against a sentence imposed by an originating court to be served on the respondent within seven days after the day on which the notice is filed. Section 292(3) of the Act requires a notice of appeal for failure to fulfil an undertaking to be served on the respondent within 14 days after the day on which the notice is filed. (3) Within seven days after serving on the respondent the notice of appeal and written case, the DPP shall file an affidavit of service. r. 17 -- 13 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 11 (4) Within one month after service of the documents referred to in paragraph (2), the respondent may file and serve a written case which must comply with any applicable Practice Direction. (5) The notice of appeal may be amended only with leave of the Court of Appeal.". 18 Applicant to file affidavit In Rule 2.17 of the Principal Rules omit "to reserve a question of law" wherever occurring. 19 Commencement of appeal—Part 5 of Order 2 (1) In Rule 2.18(2) of the Principal Rules for "briefly the grounds on which it is sought to appeal" substitute "each ground of appeal specifically and concisely and not merely in general terms". (1) In Rule 2.19(2) of the Principal Rules for "briefly the grounds on which it is sought to appeal" substitute "each ground of appeal specifically and concisely and not merely in general terms". 20 Extension of time before Registrar In Rule 2.23 of the Principal Rules— (a) in paragraph (2) omit "Registrar's"; (b) in paragraph (3)(a) omit "of his or her decision"; (c) in paragraph (4)— (i) for "shall" substitute "may, if the material has not already been served,"; (ii) omit "affidavit or" where secondly occurring. r. 18 -- 14 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 12 21 Rule 2.24 substituted For Rule 2.24 of the Principal Rules substitute— "2.24 Extension of time—application under section 313(2) (1) An election under Rule 2.23(3) shall be by notice in Form 6–2J, a copy of which the Registrar shall forward to the applicant when notification is given under Rule 2.23(3). (2) The applicant must return the notice under paragraph (1) to the Registrar within 10 days after receiving it. (3) If a notice is returned to the Registrar in accordance with paragraph (2), the Registrar shall notify the applicant in writing— (a) that the notice has been received; and (b) when appropriate, the day fixed for the hearing.". 22 Application under section 315—refusal of Judge of Appeal to exercise powers (1) In Rule 2.25(1)(b) of the Principal Rules for "three" substitute "at least two". (2) In Rule 2.25(2) of the Principal Rules after "modification)" insert "a copy of". (3) In Rule 2.25(4)(b) of the Principal Rules omit "by the Court of Appeal". (4) In Rule 2.25(5)(a) of the Principal Rules omit "by order of the Judge of Appeal,". r. 21 -- 15 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 13 23 Reference on petition of mercy (1) In Rule 2.26(1) of the Principal Rules omit "from the Court of Appeal". (2) For Rule 2.26(2) of the Principal Rules substitute— "(2) Unless otherwise directed by the Court of Appeal, the petition shall stand in place of a notice of appeal.". 24 Time In Rule 2.27(3) of the Principal Rules after "Appeal" insert "or the Registrar". 25 Pre-hearing conference (1) Rule 2.30(1) of the Principal Rules is revoked. (2) For Rule 2.30(2) of the Principal Rules substitute— "(2) The Registrar may conduct such pre-hearing conferences and give such directions with respect to the preparation for hearing of an application for leave to appeal or an appeal as the Registrar thinks appropriate for the effective, complete and prompt disposal of the proceeding.". 26 Transcript of trial (1) In Rule 2.31(1) of the Principal Rules— (a) after "or notice of application" insert "for leave"; (b) after "transcript" insert "in unrevised form". (2) Rule 2.31(4) of the Principal Rules is revoked. r. 23 -- 16 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 14 27 Preservation of exhibits (1) In Rule 2.32(1) of the Principal Rules— (a) omit "tendered at the trial"; (b) in paragraph (b) for "21" substitute "60". (2) In Rule 2.32(3) of the Principal Rules for "21" substitute "60". 28 Copies of transcript, exhibits etc. and return of exhibits (1) In Rule 2.33 of the Principal Rules for "At any time after the pre-hearing conference, the" substitute "The". (2) In Rule 2.34(3) of the Principal Rules omit "when an appeal is finally determined". 29 Certificate of conviction In Rule 2.35(1)(b) of the Principal Rules for "dismissal of the application" substitute "refusal of leave to appeal". 30 Attendance of appellant For Rule 2.36(1) of the Principal Rules substitute— "(1) The appellant is entitled to attend the hearing of an appeal or an application for leave to appeal unless the Court of Appeal or a Judge of Appeal directs otherwise or these Rules otherwise provide.". 31 Written case and argument Rule 2.37 of the Principal Rules is revoked. r. 27 -- 17 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 15 32 Bail In Rule 2.38(1) of the Principal Rules omit "pending the appeal". 33 Rule 2.39 substituted For Rule 2.39 of the Principal Rules substitute— "2.39 Registrar to notify determination (1) Upon the determination of an appeal or of any matter under section 315 of the Act, the Registrar shall give notice of the result in Form 6–2M to— (a) the appellant; (b) the DPP; (c) the governor of the prison (if any) in which the appellant is imprisoned; (d) the Secretary to the Department of Justice; and (e) the officer of the originating court. (2) The Registrar shall also notify the officer of the originating court of any additional orders or directions made or given by the Court of Appeal.". 34 Abandonment Rule 2.41(2) of the Principal Rules is revoked. 35 Report from trial judge For Rule 2.42(3) of the Principal Rules substitute— "(3) Where amended grounds of appeal are filed after a report has been required, the Registrar shall as soon as practicable send the trial judge a copy of the amended grounds and the written case, if amended. r. 32 -- 18 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 16 (4) The Court of Appeal may determine an appeal without a report from a trial judge if it thinks it is appropriate to do so.". 36 Duties of prison officers (1) In Rule 2.53(1) of the Principal Rules— (a) in paragraph (c) omit "conviction and"; (b) in paragraph (d) for "conviction and sentence." substitute "sentence;"; (c) after paragraph (d) insert— "(e) applications for leave to appeal are determined without an oral hearing unless the person requests an oral hearing and confirms that request in writing to the Registrar, in accordance with any applicable Practice Direction.". (2) In Rule 2.53(2)(a) of the Principal Rules after "otherwise ordered" insert "or the application is determined without an oral hearing". (3) For Rule 2.53(4) of the Principal Rules substitute— "(4) A prison officer who has custody of a convicted person shall give that person upon request the appropriate forms under these Rules.". r. 36 -- 19 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 17 37 Forms 6–2A to 6–2C substituted For Forms 6–2A to 6–2C of the Principal Rules substitute— "Rule 2.05(1) FORM 6–2A IN THE SUPREME COURT OF VICTORIA 20 No. AT The Queen v. A.B. NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence]. I WISH TO APPEAL to the Court of Appeal under section 274 of the Criminal Procedure Act 2009 against my conviction (particulars of which are set out below). TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against my conviction on the ground(s): [state specifically and concisely and not merely in general terms each ground on which you intend to appeal against conviction]. Date: [Signed by Appellant or legal practitioner on behalf of Appellant] *[If signed by legal practitioner] The name and address for service are as follows: [insert details] PARTICULARS 1. Appellant's name: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Convicted at: [place and court] r. 37 -- 20 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 18 4. Trial Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of legal practitioner who represented appellant at trial: 9. Name of counsel (if any) who represented appellant at trial: WRITTEN CASE MUST BE ATTACHED 1. This application for leave to appeal must be accompanied by a written case in support of the application. 2. A written case must comply with the requirements of any applicable practice direction. Practice directions may be viewed at, and downloaded from, the website of the Supreme Court of Victoria at www.supremecourt.vic.gov.au. ORAL HEARING OPTION I wish to have an oral hearing of my application † *I will be represented at the oral hearing by: Counsel † Solicitor † Myself † [please tick appropriate boxes] I *wish/*do not wish to be present personally at the oral hearing. I *wish/*do not wish to appear by audio visual link at the oral hearing. Date: [Signed by appellant or legal practitioner on behalf of appellant] NOTES TO APPELLANT—ORAL HEARING OPTION: 1. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal by a single Judge of Appeal without an oral hearing. Consequently, unless you request an oral hearing, a single Judge of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing. r. 37 -- 21 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 19 2. You may, however, request an oral hearing of your application by completing this section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction. 3. You must attach your written case in support of your application whether or not you request an oral hearing. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 37 -- 22 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 20 Rule 2.05(2) FORM 6–2B IN THE SUPREME COURT OF VICTORIA 20 No. AT The Queen v. A.B. NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence]. I WISH TO APPEAL to the Court of Appeal under section 278 of the Criminal Procedure Act 2009 against my sentence (particulars of which are set out below). TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against my sentence on the ground(s): [state specifically and concisely and not merely in general terms each ground on which you intend to appeal against sentence]. Date: [Signed by Appellant or legal practitioner on behalf of Appellant] *[If signed by legal practitioner] The name and address for service are as follows: [insert details] PARTICULARS 1. Appellant's name: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Convicted at: [place and court] 4. Sentencing Judge: 5. Date of conviction: 6. Sentence: r. 37 -- 23 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 21 7. Date of sentence: 8. Name and address of legal practitioner who represented appellant at trial: 9. Name of counsel (if any) who represented appellant at trial: WRITTEN CASE MUST BE ATTACHED 1. This application for leave to appeal must be accompanied by a written case in support of the application. 2. A written case must comply with the requirements of any applicable practice direction. Practice directions may be viewed at, and downloaded from, the website of the Supreme Court of Victoria at www.supremecourt.vic.gov.au. ORAL HEARING OPTION I wish to have an oral hearing of my application † *I will be represented at the oral hearing by: Counsel † Solicitor † Myself † [please tick appropriate boxes] I *wish/*do not wish to be present personally at the oral hearing. I *wish/*do not wish to appear by audio visual link at the oral hearing. Date: [Signed by appellant or legal practitioner on behalf of appellant] NOTES TO APPELLANT—ORAL HEARING OPTION: 1. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal by a single Judge of Appeal without an oral hearing. Consequently, unless you request an oral hearing a single Judge of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing. 2. You may, however, request an oral hearing of your application by completing this section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction. 3. You must attach your written case in support of your application whether or not you request an oral hearing. r. 37 -- 24 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 22 IMPORTANT NOTE: You should be aware that the Court of Appeal has the power under the Criminal Procedure Act 2009 to impose a sentence which is more or less severe than the sentence which is appealed against. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ r. 37 -- 25 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 23 Rules 2.05(3), 2.54 FORM 6–2C IN THE SUPREME COURT OF VICTORIA 20 No. AT BETWEEN A.B. Appellant and C.D. Respondent NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE IMPOSED BY COUNTY COURT ON APPEAL FROM MAGISTRATES' COURT UNDER SECTION 283 OF THE CRIMINAL PROCEDURE ACT 2009 To the Registrar of Criminal Appeals: I, [full name], am convicted of the offence of [description of offence] and I am a prisoner at [name of prison]. TAKE NOTICE THAT I APPLY to the Court of Appeal under section 283 of the Criminal Procedure Act 2009 for leave to appeal to the Court of Appeal against the sentence of [details of sentence] passed upon me by the County Court. The grounds on which I apply are: [state specifically and concisely and not merely in general terms each ground on which you intend to appeal]. PARTICULARS 1. Name of appellant: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Originally convicted at the Magistrates' Court at [place of Court] and sentenced to [sentence or other order imposed by the Magistrates' Court]; 4. Sentence substituted by County Court: 5. Sentencing Judge: 6. Date sentence of County Court imposed: Date: [Signed by Appellant] r. 37 -- 26 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 24 WRITTEN CASE MUST BE ATTACHED 1. This application for leave to appeal must be accompanied by a written case in support of the application. 2. A written case must comply with the requirements of any applicable practice direction. Practice directions may be viewed at, and downloaded from, the website of the Supreme Court of Victoria at www.supremecourt.vic.gov.au. ORAL HEARING OPTION I wish to have an oral hearing of my application † *I will be represented at the oral hearing by: Counsel † Solicitor † Myself † [please tick appropriate boxes] I *wish/*do not wish to be present personally at the oral hearing. I *wish/*do not wish to appear by audio visual link at the oral hearing. Date: [Signed by appellant or legal practitioner on behalf of appellant] NOTES TO APPELLANT—ORAL HEARING OPTION: 1. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal by a single Judge of Appeal without an oral hearing. Consequently, unless you request an oral hearing, a single Judge of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing. 2. You may, however, request an oral hearing of your application by completing this section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction. 3. You must attach your written case in support of your application whether or not you request an oral hearing. __________________". r. 37 -- 27 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 25 38 Form 6–2D amended In Form 6–2D of the Principal Rules— (a) for "Rules 2.13, 2.25" substitute "Rule 2.25"; (b) for "by three judges" substitute "by at least two judges". 39 New Forms 6–2DA to 6–2DC inserted After Form 6–2D of the Principal Rules insert— "Rule 2.07(3)(a) FORM 6–2DA [heading as in Form 6–2A] NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S DECISION TO GRANT LEAVE TO APPEAL OR REFER APPLICATION TO AT LEAST TWO JUDGES OF APPEAL To: [name of appellant] I NOTIFY YOU that after consideration of your application for leave to appeal against *conviction/*sentence, the Court of Appeal constituted by a single Judge of Appeal: *has granted leave to appeal. *has referred the application for leave to appeal to the Court of Appeal comprising at least two Judges of Appeal. The *appeal/*application for leave to appeal: *is listed to be heard at [place] on [date and time]. *will be listed to be heard on a date and at a time which will be notified to you. Date: [Signed by Registrar] r. 38 -- 28 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 26 NOTE, if your application for leave to appeal has been referred, the following notes apply: 1. The Court of Appeal comprising at least two Judges of Appeal may treat an application for leave to appeal as the appeal itself. 2. Unless you request an oral hearing of the application for leave to appeal, the Court of Appeal may determine the application for leave to appeal on the basis of your grounds of appeal and accompanying written case without an oral hearing. 3. You may, however, request an oral hearing by completing the following section of this Form and return it to me within 10 DAYS after you receive this notification. This request must be confirmed to me in writing in accordance with any applicable Practice Direction. ORAL HEARING OPTION I wish to have an oral hearing of my application † *I will be represented at the oral hearing by: Counsel † Solicitor † Myself † [please tick appropriate boxes] I *wish/*do not wish to be present personally at the oral hearing. I *wish/*do not wish to appear by audio visual link at the oral hearing. Date: [Signed by appellant or legal practitioner on behalf of appellant] IMPORTANT NOTE: You should be aware that the Court of Appeal has the power under the Criminal Procedure Act 2009 to impose a sentence which is more or less severe than the sentence which is appealed against. * Delete if not applicable __________________ r. 39 -- 29 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 27 Rule 2.07(3)(b) FORM 6–2DB [heading as in Form 6–2A] NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S DECISION TO GRANT LEAVE TO APPEAL ON SOME GROUNDS AND REFUSE LEAVE ON OTHER GROUNDS OR TO REFUSE LEAVE TO APPEAL To: [name of appellant] I NOTIFY YOU that after consideration of your application for leave to appeal against *conviction/*sentence, the Court of Appeal constituted by a single Judge of Appeal pursuant to section 315 of the Criminal Procedure Act 2009 has, for the reasons set out below: *granted leave to appeal on grounds [insert the numbers of the relevant grounds of appeal] and refused leave to appeal on other grounds [insert the numbers of the relevant grounds of appeal]. *refused leave to appeal. REASONS [insert as appropriate] If you wish to renew the application to be determined by the Court of Appeal comprising at least two Judges of Appeal you must complete the enclosed election form and return it to me within 10 DAYS after you receive this notification. Date: [Signed by Registrar] ELECTION TO RENEW APPLICATION I, [insert name of appellant] elect to renew my application for leave to appeal against *conviction/*sentence to be determined by the Court of Appeal comprising at least two Judges of Appeal. Date: [Signed by appellant or legal practitioner on behalf of appellant] r. 39 -- 30 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 28 NOTES: 1. It is the aim of the Court of Appeal to deal with the majority of renewal applications without an oral hearing. Consequently, unless you request an oral hearing, the Court of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing. 2. You may, however, request an oral hearing by completing the following section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction. ORAL HEARING OPTION I wish to have an oral hearing of my application † *I will be represented at the oral hearing by: Counsel † Solicitor † Myself † [please tick appropriate boxes] I *wish/*do not wish to be present personally at the oral hearing. I *wish/*do not wish to appear by audio visual link at the oral hearing. Date: [Signed by appellant or legal practitioner on behalf of appellant] IMPORTANT NOTE: You should be aware that the Court of Appeal has the power under the Criminal Procedure Act 2009 to impose a sentence which is more or less severe than the sentence which is appealed against. * Delete if not applicable __________________ r. 39 -- 31 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 29 Rule 2.08(4) FORM 6–2DC [heading as in Form 6–2A] NOTIFICATION TO APPELLANT OF COURT OF APPEAL DECISION ON RENEWED APPLICATION To: [name of appellant] I NOTIFY YOU that after consideration of your application for leave to appeal against *conviction/*sentence, the Court of Appeal has, for the reasons set out below: *granted leave to appeal. *granted leave to appeal on grounds [insert the numbers of the relevant grounds of appeal] and refused leave to appeal on other grounds [insert the numbers of the relevant grounds of appeal]. *refused leave to appeal. *referred the application for leave to appeal to the Court of Appeal comprising no fewer than three Judges of Appeal. REASONS [insert as appropriate] The *appeal/*application for leave to appeal: *is listed to be heard at [place] on [date and time]. *will be listed to be heard on a date and at a time which will be notified to you. Date: [Signed by Registrar] NOTE: The Court of Appeal may treat an application for leave to appeal as the appeal itself. r. 39 -- 32 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 30 IMPORTANT NOTE: You should be aware that the Court of Appeal has the power under the Criminal Procedure Act 2009 to impose a sentence which is more or less severe than the sentence which is appealed against. * Delete if not applicable __________________". 40 Other amendments to Forms (1) In Form 6–2K of the Principal Rules— (a) for "three judges" substitute "at least two judges"; (b) Notes 1, 2, 3 and 6 are revoked. (2) In Form 6–2Q of the Principal Rules after clause 5 insert— "6. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal without an oral hearing. Unless a person requests an oral hearing of the application for leave to appeal, the Court of Appeal may determine the application without an oral hearing. 7. A person may request an oral hearing and the request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.". Dated: 24 February 2011 M. L. WARREN, C.J. PETER BUCHANAN, J.A. GEOFFREY NETTLE, J.A. DAVID ASHLEY, J.A. MARCIA NEAVE, J.A. ROBERT REDLICH, J.A. PHILIP MANDIE, J.A. D. J. HABERSBERGER, J. R. S. OSBORN, J. r. 40 -- 33 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 31 K. WILLIAMS, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. TONY PAGONE, J. PAUL COGHLAN, J. ROSS ROBSON, J. JACK FORREST, J. JAMES JUDD, J. EMILIOS KYROU, J. DAVID F. R. BEACH, J. JENNIFER DAVIES, J. KARIN EMERTON, J. IAIN ROSS, J. CLYDE CROFT, J. M. L. SIFRIS, J. PETER ALMOND, J. JOHN DIXON, J. C. MACAULAY, J. ═══════════════ r. 40 -- 34 of 35 -- S.R. No. 6/2011 Supreme Court (Chapter VI Amendment No. 6) Rules 2011 Authorised by the Chief Parliamentary Counsel 32 ENDNOTES 1 Rule 4: S.R. No. 12/2008 as amended by S.R. Nos 100/2008, 118/2008, 150/2008, 98/2009, 99/2009, 132/2009, 146/2009, 23/2010, 54/2010, 55/2010 and 148/2010. Endnotes -- 35 of 35 --