County Court Criminal Procedure Rules 2009

i County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 TABLE OF PROVISIONS Rule Page ORDER 1 1 PRELIMINARY 1 1.01 Object 1 1.02 Title 1 1.03 Authorising provisions 1 1.04 Commencement 1 1.05 Definitions 2 1.06 Effect of noncompliance 3 1.07 Legal practitioner to notify that he or she acts 3 1.08 General applications 4 1.09 Subpoenas 4 1.10 Service of summons 4 1.11 Service generally 4 1.12 Orders in criminal proceedings 4 1.13 Commonwealth DPP 5 1.14 Consequential amendments to other Chapters 5 ORDER 2 6 TRIAL ON INDICTMENT RULES 6 2.01 Application of this Order 6 2.02 Filing an indictment 6 2.03 Notice to accompany copy indictment—no legal practitioner representing accused 6 2.04 Summons or warrant when direct indictment filed 6 2.05 Notice of discontinuance 6 2.06 Pre-trial conferences and directions hearings 7 2.07 Notice of alibi 7 2.08 Application for order for taking evidence from a witness before trial 7 2.09 Recording of date of arraignment 7 2.10 Notice of intention to plead guilty to remaining charges in indictment 7 2.11 Transfer of charge for unrelated summary offence 8 2.12 Interlocutory appeals 8 -- 1 of 96 -- Rule Page ii ORDER 3 9 APPEALS TO COUNTY COURT UNDER PART 6.1 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009 9 3.01 Application of this Order 9 3.02 Notice of appeal by offender 9 3.03 Appeals by DPP against sentence or failure to fulfil undertaking 10 3.04 Registrar to fix date or hearing of appeal 11 3.05 Abandonment of appeal 11 3.06 Written notice of abandonment of appeal—conviction only 11 3.07 Application to set aside an order striking out appeal for failure to appear 11 3.08 Recording and notification of result of appeal 12 ORDER 4 13 APPEALS TO COUNTY COURT UNDER PART 5.4 OF CHAPTER 5 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005 13 4.01 Application of this Order 13 4.02 Notice of appeal by offender 13 4.03 Appeals by DPP against sentence 14 4.04 Registrar to fix date or hearing of appeal 14 4.05 Abandonment of appeal 14 4.06 Written notice of abandonment of appeal—conviction only 15 4.07 Application to set aside an order striking out appeal for failure to appear 15 4.08 Recording and notification of result of appeal 15 ORDER 5 17 FINE ENFORCEMENT RULES 17 PART 1—SENTENCING ACT 1991 17 5.01 Proper officer 17 5.02 Application 17 5.03 Stay of enforcement or execution 18 5.04 Consideration of application 18 5.05 Order and notice 18 5.06 Enforcement of fine against a natural person 19 5.07 Enforcement of fine against body corporate 19 5.08 Bail—undertaking to attend 19 5.09 Warrant of commitment 19 PART 2—APPLICATIONS UNDER THE SHERIFF ACT 2009 20 5.10 Application for reinstatement of certain money warrants 20 5.11 Filing and service of summons 21 -- 2 of 96 -- Rule Page iii ORDER 6 22 MAJOR CRIME INVESTIGATIVE POWERS RULES 22 6.01 Definition 22 6.02 Application to determine legal professional privilege 22 6.03 Warrant for arrest 22 6.04 Filing for documents 22 ORDER 7 23 IDENTITY CRIME RULES 23 7.01 Identity crime certificate 23 7.02 Notice to prosecutor to assist 23 __________________ FORMS 24 Form 1A—Notice that Legal Practitioner Acts 24 Form 1B—Notice that Legal Practitioner has Ceased to Act 26 Form 1C—General Application 28 Form 2A—Notice to Accused under Section 171 of the Criminal Procedure Act 2009 30 Form 2B—Summons 32 Form 2C—Warrant to Arrest 33 Form 2D—Notice of Alibi 35 Form 2E—Application for Order to Take Evidence from a Witness Before Trial 36 Form 2F—Notice of Intention to Plead Guilty to One or More Remaining Charges in Indictment 38 Form 2G—Application to Transfer Summary Offence that is not a Related Summary Offence 40 Form 2H—Request for Certificate for Interlocutory Appeal 42 Form 3A—Notice of Appeal 44 Form 3B—Information for Appellant 46 Form 3C—Notice of Appeal by DPP against *Sentence Imposed by Magistrates' Court/*Failure of Person to Fulfil Undertaking 48 Form 3D—Notice of Abandonment of Appeal 50 Form 3E—Written Notice of Abandonment of Appeal—Conviction Only 52 -- 3 of 96 -- Rule Page iv Form 3F—Application to Set Aside Order Striking Out Appeal for Failure to Appear 54 Form 3G—Result of Appeal 56 Form 4A—Notice of Appeal 57 Form 4B—Notice of Appeal by DPP against Sentence Imposed by Children's Court 59 Form 4C—Notice of Abandonment of Appeal—Conviction and Sentence 60 Form 4D—Written Notice of Abandonment of Appeal—Conviction Only—Section 430C(3) of the Children, Youth And Families Act 2005 62 Form 4E—Application to Set Aside Order Striking Out Appeal for Failure to Appear 64 Form 4F—Result of Appeal 66 Form 5A 67 Form 5B—Community-Based Order in Lieu of Payment of a Fine 69 Form 5C—Notice about the Procedure for Enforcement of Fines 71 Form 5D—Warrant to Arrest for Failure to Pay Fine 73 Form 5E—Summons for Failure to Pay Fine 75 Form 5F—Notice about the Procedure for Enforcement of Fines 77 Form 5G—Warrant of Commitment 78 Form 5H—Summons—Application under Section 28 of the Sheriff Act 2009 80 Form 6A—Application to Determine Legal Professional Privilege 81 Form 6B—Warrant for Arrest of Witness 82 Form 7A—Identity Crime Certificate 84 Form 7B—Notice to Appear under Section 89H of the Sentencing Act 1991 85 __________________ -- 4 of 96 -- Rule Page v SCHEDULE 1—Consequential Amendments to Chapter II 86 1 Heading to Order 2 amended 86 2 Rule 2.01 substituted 86 2.01 Application 86 3 Revocation of redundant rules and related Forms 86 4 Notice of appeal and undertaking to prosecute 86 5 Notice of abandonment 87 6 Order striking out appeal and related Form 87 7 Recording of decision and related Form 88 8 Copies of record 88 9 Application for rehearing 88 10 Amendments to Order 2 Forms 88 11 Orders 9, 11 and 14 and related Forms revoked 89 ═══════════════ ENDNOTES 91 -- 5 of 96 -- 1 STATUTORY RULES 2009 S.R. No. 183/2009 County Court Act 1958 Criminal Procedure Act 2009 Children, Youth and Families Act 2005 County Court Criminal Procedure Rules 2009 A majority of the Judges of the County Court makes the following Rules: ORDER 1 PRELIMINARY 1.01 Object The object of these Rules is to provide for the practice and procedure for criminal proceedings in the County Court. 1.02 Title These Rules may be cited as the County Court Criminal Procedure Rules 2009 and constitute Chapter III of the Rules of the County Court. 1.03 Authorising provisions These Rules are made under the Criminal Procedure Act 2009, section 78 of the County Court Act 1958, the Children, Youth and Families Act 2005 and all other enabling powers. 1.04 Commencement These Rules come into operation on 1 January 2010. -- 6 of 96 -- Order 1 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 2 1.05 Definitions In these Rules— accused means a person— (a) who has been committed to the County Court for trial or directed to be tried at the County Court under section 167 of the Act; or (b) in respect of whom a direct indictment has been filed in the County Court; appellant includes where an appellant is a child under the age of 15 years— (a) the child's parent; or (b) in the absence of the parent, the Secretary to the Department of Human Services; barrister has the same meaning as it has in the Legal Profession Act 2004; Note The Legal Profession Act 2004 defines barrister as an Australian legal practitioner who engages in legal practice solely as a barrister. legal practitioner means the legal practitioner (as defined in section 3 of the Act) who acts for the accused and— (a) where an officer of Victoria Legal Aid so acts, includes such officer; (b) does not include a barrister, unless these Rules specifically provide otherwise; offender means a person who has been sentenced by the Court; r. 1.05 -- 7 of 96 -- Order 1 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 3 person in default means an offender who has failed to pay a fine or an instalment under an instalment order and includes a director of a body corporate who is the subject of a declaration under section 50(6) of the Sentencing Act 1991; the Act means the Criminal Procedure Act 2009. 1.06 Effect of noncompliance (1) A failure to comply with these Rules is an irregularity and does not render a proceeding or step taken, or any document, judgment or order in a proceeding a nullity. (2) The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises. 1.07 Legal practitioner to notify that he or she acts (1) A legal practitioner who commences to act for an accused or an appellant must as soon as possible after commencing so to act— (a) file with the Registrar a notice in Form 1A; and (b) serve a copy of the notice on all other parties to the criminal proceeding. (2) A legal practitioner who ceases to act for an accused or an appellant must as soon as possible after so ceasing to act— (a) file with the Registrar a notice in Form 1B; and (b) serve a copy of the notice on all other parties to the criminal proceeding. Note See also section 249 of the Act. r. 1.06 -- 8 of 96 -- Order 1 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 4 1.08 General applications If a party to a criminal proceeding intends to make an application and there is no form prescribed by any Rules or by or under any Act for such an application, a general application in Form 1C may be used. 1.09 Subpoenas (1) Order 42 of Chapter I of the Rules of the County Court (the County Court Civil Procedure Rules 2008 1 ) applies with any necessary modification to any criminal proceeding in the Court. (2) Leave of the Court is required to view all documents returned on a subpoena in any criminal proceeding. (3) A subpoena in a proceeding to which these Rules relate shall be served personally by giving a copy of the subpoena to the person to be served. 1.10 Service of summons A summons in a proceeding to which these Rules relate shall be served personally in accordance with section 391 (other than subsection (2)(c)) of the Act. 1.11 Service generally Subject to Rules 1.09(3) and 1.10, any document that is required to be served under these Rules is to be served in accordance with Part 8.3 of Chapter 8 of the Act. 1.12 Orders in criminal proceedings Orders in criminal proceedings must be recorded in a manner directed by the Chief Judge. r. 1.08 -- 9 of 96 -- Order 1 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 5 1.13 Commonwealth DPP These Rules apply, with any necessary modification, to the Commonwealth DPP in the same manner as the Rules apply to the DPP. 1.14 Consequential amendments to other Chapters Schedule 1 has effect. __________________ r. 1.13 -- 10 of 96 -- Order 2 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 6 ORDER 2 TRIAL ON INDICTMENT RULES 2.01 Application of this Order This Order applies to any criminal proceeding in the Court referred to in section 158 of the Act. 2.02 Filing an indictment For the purpose of section 159(1) of the Act, an indictment is filed when it is provided to a Judge in open court. 2.03 Notice to accompany copy indictment—no legal practitioner representing accused For the purposes of section 171(1)(b) of the Act, the form of notice is Form 2A. 2.04 Summons or warrant when direct indictment filed (1) A summons under section 174(2)(a) of the Act must be in Form 2B. (2) A warrant to arrest under section 174(2)(b) of the Act must be in Form 2C. (3) An application for a summons or warrant to arrest under section 174(1) of the Act must be made at the time of filing the direct indictment to which the application relates, unless the circumstances of the case require a later application. (4) A summons or warrant to arrest under section 174(2)(a) or (b) of the Act must be issued by a Judge. 2.05 Notice of discontinuance (1) A notice of discontinuance under section 177(1)(b) of the Act is filed when it is provided to a Judge in open court. r. 2.01 -- 11 of 96 -- Order 2 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 7 (2) A notice of discontinuance under section 177(4) of the Act is filed when it is provided to the Registry. 2.06 Pre-trial conferences and directions hearings Nothing said by or on behalf of an accused and no failure by an accused to answer a question at a directions hearing or a pre-trial conference, may be used in any subsequent trial or made the subject of any comment at that trial. 2.07 Notice of alibi For the purposes of section 190 of the Act, a notice of alibi must be in Form 2D. 2.08 Application for order for taking evidence from a witness before trial For the purposes of section 198 of the Act, an application for an order that the evidence of a person be taken at a time and place fixed by the Court must be in Form 2E. 2.09 Recording of date of arraignment The date of arraignment of an accused shall be recorded in the records of the Court. Note See sections 210, 215 and 217 of the Act. 2.10 Notice of intention to plead guilty to remaining charges in indictment (1) For the purposes of section 216(1)(b) of the Act, notice of intention by the accused to plead guilty to the remaining charges in an indictment shall be in Form 2F. (2) The accused must sign each remaining charge to which he or she pleads guilty on the copy of the indictment attached to Form 2F. r. 2.06 -- 12 of 96 -- Order 2 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 8 2.11 Transfer of charge for unrelated summary offence (1) A party seeking to transfer a charge against an accused for a summary offence that is not a related summary offence to the Court under section 243 of the Act must apply to the Court no less than 21 days prior to the day on which the plea hearing is listed. (2) An application under section 243 of the Act must be in Form 2G. 2.12 Interlocutory appeals (1) A request for certification from a Judge under section 295(3) of the Act must be in Form 2H. (2) A decision in relation to a certification must be recorded in the records of the Court. __________________ r. 2.11 -- 13 of 96 -- Order 3 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 9 ORDER 3 APPEALS TO COUNTY COURT UNDER PART 6.1 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009 3.01 Application of this Order This Order applies to any appeal to the Court from the Magistrates' Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009. 3.02 Notice of appeal by offender (1) A notice of appeal and undertaking to proceed under section 255 of the Act must be in Form 3A. (2) A notice under section 255(6)(a) of the Act must— (a) be in Form 3B; and (b) be provided to the appellant prior to a notice of appeal and undertaking to proceed being accepted for filing. (3) The notice of appeal and undertaking to proceed must be signed by the appellant in the presence of— (a) the Registrar of the Magistrates' Court with whom the notice of appeal is filed; or (b) if the appellant is in a prison, youth justice centre or youth residential centre— (i) the officer in charge of the prison, youth justice centre or youth residential centre; or (ii) any prison officer of or above the rank of senior prison officer; or r. 3.01 -- 14 of 96 -- Order 3 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 10 (c) if the appellant is in a police gaol, a member of the police force— (i) of or above the rank of sergeant; or (ii) for the time being in charge of a police station. 3.03 Appeals by DPP against sentence or failure to fulfil undertaking (1) A notice of appeal by the DPP under section 258 or section 260 of the Act must— (a) be in Form 3C; and (b) 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. (2) Within 7 days after serving notice of appeal, the DPP must file— (a) a copy of the notice of appeal; and (b) an affidavit of service. Note Section 258(2) of the Act requires notice of appeal against a sentence imposed by the Magistrates' Court to be served on the respondent within 7 days after the day on which the notice is filed. Section 261(2) 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. r. 3.03 -- 15 of 96 -- Order 3 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 11 3.04 Registrar to fix date or hearing of appeal The Registrar shall— (a) fix the date and place for hearing of the appeal; and (b) notify in writing each party and each legal practitioner who has given notice under Rule 1.07 of the date and place of hearing within a reasonable time before the hearing. 3.05 Abandonment of appeal (1) A notice of abandonment of appeal must be in Form 3D. (2) Subject to paragraphs (3) and (4), when a notice of abandonment of appeal is filed the Registrar must make an order striking out the appeal. (3) If a notice of abandonment of appeal is filed on the day on which the appeal is listed for hearing, a Judge must make an order striking out the appeal. (4) Where an appeal against conviction is abandoned, but an appeal against sentence is pursued under section 266(2) of the Act, the Court must not strike out the appeal. 3.06 Written notice of abandonment of appeal— conviction only Written notice under section 266(2) of the Act that an appeal against conviction is abandoned, but an appeal against sentence is pursued, must be in Form 3E. 3.07 Application to set aside an order striking out appeal for failure to appear (1) An application under section 267(3) of the Act to set aside an order striking out an appeal for failure to appear must be in Form 3F. r. 3.04 -- 16 of 96 -- Order 3 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 12 (2) The Registrar must immediately forward a copy of the application to the court where the original sentence or order was imposed. 3.08 Recording and notification of result of appeal (1) The Court must record the result of an appeal in Form 3G. (2) The Registrar must forward the result of appeal to— (a) the court where the original sentence or order was imposed; (b) the parties; and (c) any person or authority concerned with the administration of any sentence or order originally imposed in the Magistrates' Court, or any sentence or order imposed by the Court on appeal. (3) If a number of appeals are heard together, it is not necessary to record the sentence on a separate result of appeal, but the sentence or particulars of each charge must be recorded in full. (4) Where the Court has imposed a sentence of imprisonment or detention, the result of appeal shall be sufficient to authorise the keeping of the appellant for the period and in the manner set out in the record. __________________ r. 3.08 -- 17 of 96 -- Order 4 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 13 ORDER 4 APPEALS TO COUNTY COURT UNDER PART 5.4 OF CHAPTER 5 OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005 4.01 Application of this Order This Order applies to any appeal to the Court under Part 5.4 of Chapter 5 of the Children, Youth and Families Act 2005. 4.02 Notice of appeal by offender (1) A notice of appeal and undertaking to proceed under section 425 of the Children, Youth and Families Act 2005 must be in Form 4A. (2) The notice of appeal and undertaking to proceed must be signed by the appellant in the presence of— (a) the Registrar of the Children's Court with whom the notice of appeal is filed; or (b) if the appellant is in a prison, youth justice centre or youth residential centre— (i) the officer in charge of the prison, youth justice centre or youth residential centre; or (ii) any prison officer of or above the rank of senior prison officer; or (c) if the appellant is in a police gaol, a member of the police force— (i) of or above the rank of sergeant; or (ii) for the time being in charge of a police station. r. 4.01 -- 18 of 96 -- Order 4 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 14 4.03 Appeals by DPP against sentence (1) A notice of appeal by the DPP under section 427 of the Children, Youth and Families Act 2005 must be in Form 4B. Note Section 428 of the Children, Youth and Families Act 2005 provides for the notice of appeal to be filed in the Children's Court within 28 days after the Children's Court imposes the sentence and requires the notice of appeal to be transmitted to the appellate court. (2) Within 7 days after serving notice of appeal, the DPP must file— (a) a copy of the notice of appeal; and (b) an affidavit of service. Note Section 428(2) of the Children, Youth and Families Act 2005 requires the notice of appeal against a sentence imposed by the Children's Court to be served on the respondent within 7 days after the day on which the notice is filed. 4.04 Registrar to fix date or hearing of appeal The Registrar shall— (a) fix the date and place for hearing of the appeal; and (b) notify in writing each party and each legal practitioner who has given notice under Rule 1.07 of the date and place of hearing within a reasonable time before the hearing. 4.05 Abandonment of appeal (1) A notice of abandonment of appeal must be in Form 4C. (2) Subject to paragraphs (3) and (4), when a notice of abandonment of appeal is filed the Registrar must make an order striking out the appeal. r. 4.03 -- 19 of 96 -- Order 4 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 15 (3) If a notice of abandonment of appeal is filed on the day on which the appeal is listed for hearing, a Judge must make an order striking out the appeal. (4) Where an appeal against conviction is abandoned, but an appeal against sentence is pursued under section 430C of the Children, Youth and Families Act 2005, the Court must not strike out the appeal. 4.06 Written notice of abandonment of appeal— conviction only Written notice under section 430C(3) of the Children, Youth and Families Act 2005 that an appeal against conviction is abandoned, but an appeal against sentence is pursued, must be in Form 4D. 4.07 Application to set aside an order striking out appeal for failure to appear (1) An application under section 430D(3) of the Children, Youth and Families Act 2005 to set aside an order striking out an appeal for failure to appear must be in Form 4E. (2) The Registrar must immediately forward a copy of the application to the court where the original sentence or order was imposed. 4.08 Recording and notification of result of appeal (1) The Court must record the result of an appeal in Form 4F. (2) The Registrar must forward the result of appeal to— (a) the court where the original sentence or order was imposed; (b) the parties; and r. 4.06 -- 20 of 96 -- Order 4 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 16 (c) any person or authority concerned with the administration of any sentence or order originally imposed in the Magistrates' Court, or any sentence or order imposed by the Court on appeal. (3) If a number of appeals are heard together, it is not necessary to record the sentence on a separate result of appeal, but the sentence or particulars of each charge must be recorded in full. (4) Where the Court has imposed a sentence of imprisonment or detention, the result of appeal shall be sufficient to authorise the keeping of the appellant for the period and in the manner set out in the record. __________________ r. 4.08 -- 21 of 96 -- Order 5 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 17 ORDER 5 FINE ENFORCEMENT RULES PART 1—SENTENCING ACT 1991 5.01 Proper officer For the purposes of Division 4 of Part 3 of the Sentencing Act 1991, the proper officer of the Court is— (a) a Registrar; or (b) a Judge. 5.02 Application (1) An application under section 55 of the Sentencing Act 1991 must be— (a) in Form 5A; and (b) accompanied by an affidavit of financial circumstances in a form approved by the Chief Judge. (2) If the offender is a corporation, the application and accompanying affidavit must be signed by an authorised officer of the corporation. (3) An application must be filed with the Registrar by— (a) attending in person during normal business hours at the Court; or (b) sending the application by post to the proper officer if the offender— (i) resides outside Victoria; or (ii) is held in a prison, police gaol or youth training centre; or r. 5.01 -- 22 of 96 -- Order 5 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 18 (iii) is unable to attend personally because of illness, infirmity or distance from the Court. (4) When an application under section 55 of the Sentencing Act 1991 is filed with the Registrar, the Registrar may— (a) deal with the application at the time of filing or (b) appoint a time and place for the hearing of the application and notify the offender. 5.03 Stay of enforcement or execution Unless a Judge or the Registrar otherwise orders, the filing of an application under section 55 of the Sentencing Act 1991 operates as a stay until the application is determined. 5.04 Consideration of application In considering an application the proper officer may— (a) question the offender about the offender's financial circumstances; and (b) require the offender to make an affidavit or produce any document concerning the offender's financial circumstances. 5.05 Order and notice (1) After the determination of an application under section 55 of the Sentencing Act 1991, the proper officer must cause to be given or posted to the offender within 14 days, a copy of any order made. (2) Upon granting an application, a copy of the order must be forwarded to the prosecuting agency. r. 5.03 -- 23 of 96 -- Order 5 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 19 5.06 Enforcement of fine against a natural person (1) An order under section 62(9) of the Sentencing Act 1991 must be in Form 5B. (2) A statement in writing under section 62(8) of the Sentencing Act 1991 must be in Form 5C. (3) A warrant to arrest under section 64(2) of the Sentencing Act 1991 must be in Form 5D. (4) A summons under section 64(1) of the Sentencing Act 1991 must be in Form 5E. 5.07 Enforcement of fine against body corporate A statement in writing under section 66(3) of the Sentencing Act 1991 must be in Form 5F. 5.08 Bail—undertaking to attend (1) The Sheriff or a member of the police force who arrests a person in default under section 62(1) of the Sentencing Act 1991 may, unless a Judge or Registrar has otherwise ordered, release the person in default upon that person entering into an undertaking of bail to attend before the Court. (2) An offender in default may be released from custody without being taken before the Court if the offender— (a) has been taken into custody in accordance with a warrant to arrest issued under section 62 of the Sentencing Act 1991; and (b) the outstanding amount of the fine specified in the warrant is paid. 5.09 Warrant of commitment (1) If under section 62(10)(b) of the Sentencing Act 1991 the Court orders that a person in default be imprisoned, the Court must direct the Registrar to issue a warrant of commitment committing the r. 5.06 -- 24 of 96 -- Order 5 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 20 person to prison for the term specified by the Court. (2) A warrant of commitment must be in Form 5G. (3) A warrant of commitment— (a) may be recalled and cancelled by the Registrar; and (b) may be issued or executed on a Sunday; and (c) is not void by reason of a defect or error in it. PART 2—APPLICATIONS UNDER THE SHERIFF ACT 2009 5.10 Application for reinstatement of certain money warrants (1) An application under section 28 of the Sheriff Act 2009 for reinstatement of an executed money warrant as a money warrant shall be made by summons in the proceeding in Form 5H. Note Section 28(3) of the Sheriff Act 2009 provides that this application is to be made within 28 days after the person named or described in the relevant money warrant receives notice from the Sheriff under section 27(9) of that Act that a third party has paid the whole of the amount payable under that warrant. (2) A summons under paragraph (1) shall be supported by an affidavit— (a) stating the facts on which the application is made; (b) giving particulars of the executed money warrant; and (c) exhibiting the notice served on the applicant under section 27(9) of the Sheriff Act 2009. r. 5.10 -- 25 of 96 -- Order 5 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 21 5.11 Filing and service of summons (1) A summons under Rule 5.10 shall be filed with the Registrar. (2) The summons and a copy of the supporting affidavit shall be served on— (a) the Sheriff; and (b) the third party who paid the whole of the amount payable under the executed money warrant. __________________ r. 5.11 -- 26 of 96 -- Order 6 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 22 ORDER 6 MAJOR CRIME INVESTIGATIVE POWERS RULES 6.01 Definition In this Order, the Act means the Major Crime (Investigative Powers) Act 2004. 6.02 Application to determine legal professional privilege An application by the Chief Examiner under section 42 of the Act may be in Form 6A. 6.03 Warrant for arrest A warrant for arrest issued by the Court under section 46 of the Act may be in Form 6B. 6.04 Filing for documents Unless the Court otherwise orders, an application and any affidavit in support shall— (a) be filed before the application is made with the Registrar within 7 days after lodgement of the sealed document or other thing; and (b) not be available for inspection by any person. __________________ r. 6.01 -- 27 of 96 -- Order 7 County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 23 ORDER 7 IDENTITY CRIME RULES 7.01 Identity crime certificate An identity crime certificate issued under section 89F of the Sentencing Act 1991 may be in Form 7A. 7.02 Notice to prosecutor to assist Notice under section 89H(2) of the Sentencing Act 1991 directed to a person who prosecuted an identity crime offence within the meaning of that Act to appear at the hearing of an application for an identity crime certificate to provide assistance to the Court in relation to the application may be in Form 7B. __________________ r. 7.01 -- 28 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 24 FORMS RULE 1.07 FORM 1A IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: NOTICE THAT LEGAL PRACTITIONER ACTS THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR . CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: Firm: Practitioner's Name: Solicitor Code: Ref.: TAKE NOTICE that the legal practitioner (or firm) indicated above acts for the person named. I *HAVE/*HAVE NOT been instructed to accept personal service of documents on behalf of the accused. Date: [Signed] *delete if not applicable. Form 1A -- 29 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 25 Note This notice must be sent to the DPP and any other party to the criminal proceeding and filed with the County Court Registry immediately after a practitioner commences to act for an accused. __________________ Form 1A -- 30 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 26 RULE 1.07 FORM 1B IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: NOTICE THAT LEGAL PRACTITIONER HAS CEASED TO ACT THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR . CONTACT DETAILS Contact No.: Email address: Address for service: Firm: Practitioner's Name: Solicitor Code: Ref.: TAKE NOTICE that the legal practitioner (or firm) indicated above no longer acts for the person named. FORMER CLIENT'S CONTACT DETAILS (if known) New Practitioners' name: OR Address for service: Contact No.: Email address: Date: [Signed] Form 1B -- 31 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 27 Note This notice must be served on— • the DPP/Respondent, and • the County Court Registry— immediately after a legal practitioner has ceased to act for an accused. __________________ Form 1B -- 32 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 28 RULE 1.08 FORM 1C IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: GENERAL APPLICATION THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation *I represent the applicant Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: AND TO the Respondent: [name] of [address] I wish to apply for the following order: This application is made on the grounds that: (if applicable) Form 1C -- 33 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 29 This application is *by consent/*contested. Date: [Signature of Applicant/ Applicant's Legal Practitioner] LISTING OF APPLICATION This application is listed for hearing before the County Court at [place] at [time] a.m./p.m. on [date]. Date: *Registrar/*Deputy Registrar *delete if not applicable __________________ Form 1C -- 34 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 30 RULE 2.03 FORM 2A IN THE COUNTY COURT OF VICTORIA AT The Queen v. [name of accused] NOTICE TO ACCUSED UNDER SECTION 171 OF THE CRIMINAL PROCEDURE ACT 2009 The Director of Public Prosecutions does not have any notice that you are represented by a legal practitioner in relation to the charges set out in the copy of the indictment which accompanies this notice. You should seek legal representation as soon as possible and you have the right, if eligible, to legal aid under the Legal Aid Act 1978. You should take this notice and the indictment to your legal practitioner or to Victoria Legal Aid without delay. If you wish to be legally aided in this matter, your legal practitioner or Victoria Legal Aid will be able to assist in your application for legal aid. Victoria Legal Aid can be contacted at [insert contact details]. [If the accused is to be indicted on a sexual offence the following paragraph must also be included in the notice.] AS YOU ARE CHARGED WITH A SEXUAL OFFENCE YOUR TRIAL MUST BE COMMENCED WITHIN 3 MONTHS (SUBJECT TO ANY EXTENSION OF TIME GRANTED UNDER SECTION 247 OF THE CRIMINAL PROCEDURE ACT 2009) OF [INSERT DATE OF COMMITTAL OR FILING OF INDICTMENT OR NOTICE OF TRIAL]. TO ENSURE THAT THE PERSON WHO WILL REPRESENT YOU AT YOUR TRIAL HAS ADEQUATE TIME TO PREPARE YOUR DEFENCE, YOU SHOULD CONTACT A LEGAL PRACTITIONER OR VICTORIA LEGAL AID AT THE EARLIEST OPPORTUNITY. Form 2A -- 35 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 31 Note Section 356 of the Criminal Procedure Act 2009 prohibits a protected witness from being cross-examined by an accused in person. You are strongly encouraged to seek legal advice. __________________ Form 2A -- 36 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 32 RULE 2.04 FORM 2B IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT SUMMONS To the accused: Address of accused: Date of birth of accused: † Male † Female Details of Case A direct indictment has been filed against you in relation to the following charges: A copy of the indictment is attached to this summons. The indictment was filed at [place] County Court on [date]. Date: [Signature of DPP/ Crown Prosecutor] Listing of Case You must attend at the County Court at [place] on [date] at [time] a.m./p.m. Address of Court: Court contact number: Details about this summons Issued at [place] On [date] [Signature of Judge] __________________ Form 2B -- 37 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 33 RULE 2.04 FORM 2C IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT WARRANT TO ARREST To the accused: Address of accused: Date of birth of accused: † Male † Female Details of Case A direct indictment has been filed against you in relation to the following charges: A copy of the indictment is attached to this Warrant. The indictment was filed at [place] County Court on [date]. Date: [Signature of DPP/ Crown Prosecutor] Warrant to arrest To all members of the police force or 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 the Court as soon as practicable to be dealt with according to law. 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/*other good cause Form 2C -- 38 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 34 Details about this Warrant Issued at On [date] *delete if not applicable [Signature of Judge] __________________ Form 2C -- 39 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 35 RULE 2.07 FORM 2D NOTICE OF ALIBI IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT The Queen v. [name of accused] NOTICE OF ALIBI I, [name and address of accused], give notice of alibi in accordance with section 190 of the Criminal Procedure Act 2009. 1. Particulars as to time and place of alibi: [insert details] 2. Name and last known address of any witness to the alibi: [insert names and addresses of witnesses to alibi] 3. *[If name and last address of any witness to the alibi is not known] the following information might be of material assistance in finding the witness [insert details]. Date: [Signature of accused] *delete if not applicable __________________ Form 2D -- 40 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 36 RULE 2.08 FORM 2E IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT IN THE MATTER OF: APPLICATION FOR ORDER TO TAKE EVIDENCE FROM A WITNESS BEFORE TRIAL THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation *I represent the applicant Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: AND TO the Respondent: [name] of [address] I wish to apply for an order that evidence to be taken from the following witness before trial. Name of Witness: Dates Witness Available: This application is sought on the following grounds: [insert grounds] (see section 198(2) of the Criminal Procedure Act 2009): Form 2E -- 41 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 37 This application is *by consent/*contested. Date: [Signature of Applicant/ Applicant's Legal Practitioner] LISTING OF APPLICATION This application is listed for hearing before the County Court at [place] at [time] on [date]. Date: Registrar/Deputy Registrar *delete if not applicable __________________ Form 2E -- 42 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 38 RULE 2.10 FORM 2F IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT IN THE MATTER OF: NOTICE OF INTENTION TO PLEAD GUILTY TO ONE OR MORE REMAINING CHARGES IN INDICTMENT BEFORE THIS FORM IS PROVIDED TO THE COURT THE ACCUSED MUST HAVE: 1. PLEADED GUILTY TO AT LEAST ONE CHARGE IN THE INDICTMENT IN OPEN COURT. 2. INDICATED AN INTENTION TO PLEAD GUILTY TO ONE OR MORE REMAINING CHARGES IN THE INDICTMENT. PARTS 1, 2 and 3 OF THIS FORM MUST BE COMPLETED BEFORE PLEAS OF GUILTY IN WRITING ARE EFFECTIVE. PART 1—to be signed by the accused personally I [name of accused], plead guilty to the charges [insert relevant charge numbers] as set out in the indictment attached to this Notice: Note The accused must sign on the copy of the indictment next to each remaining charge for which a plea of guilty is being entered. Date: [Signature of Accused] PART 2—to be signed on behalf of the DPP The prosecution consents under section 216(2)(a) of the Criminal Procedure Act 2009 to the accused entering pleas of guilty as listed above in writing. Date: [Signature of Prosecutor] Form 2F -- 43 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 39 PART 3—to be signed by the presiding Judge I am satisfied in accordance with section 216(2)(b) of the Criminal Procedure Act 2009 that it is appropriate for guilty pleas to be entered by the accused in writing. Date: [Signature of Judge] __________________ Form 2F -- 44 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 40 RULE 2.11 FORM 2G IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT IN THE MATTER OF: APPLICATION TO TRANSFER SUMMARY OFFENCE THAT IS NOT A RELATED SUMMARY OFFENCE THIS FORM IS FILED ON BEHALF OF: [name] ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation *I represent the applicant Firm: Practitioner's Name Solicitor Code: Ref.: TO the Registrar of the County Court at: [place] AND To the Respondent: [name] of [address] I wish to apply for the following summary offence/s currently before the Magistrates' Court, to be transferred for hearing by the County Court together with the above matter. Form 2G -- 45 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 41 DETAILS OF SUMMARY OFFENCE/S Number of charges application relates to: [attach charge details to application] Summary charge custody status: *Remand/*Bail/*Summons Magistrates' Court Case Number: Charge No./s: Next listed date at Magistrates' Court: [date] at [place] *[ repeat for each case number ] This application is *by consent/*contested. I confirm that all charges referred to in this application are summary offences. Date: [Signature of Applicant/ Applicant's Legal Practitioner] LISTING OF APPLICATION This application is listed for hearing before the County Court at [place] at [time] a.m./p.m. on [date]. Date: Registrar/Deputy Registrar *delete if not applicable __________________ Form 2G -- 46 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 42 RULE 2.12 FORM 2H IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT IN THE MATTER OF: REQUEST FOR CERTIFICATE FOR INTERLOCUTORY APPEAL THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR . CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation *I represent the appellant Firm: Practitioner's Name Solicitor Code: Ref.: DETAILS OF INTERLOCUTORY DECISION I wish to apply for certification from His/Her Honour Judge . In relation to the following decision(s) made on [date] at [Court]: [Please number and describe each decision] Form 2H -- 47 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 43 Decision made: *before trial has commenced/*during trial This application is made on the following grounds [state grounds—see section 295(3) of the Criminal Procedure Act 2009] Trial has been listed to commence on: [insert date] Note For time limits applying to interlocutory appeals—see sections 296(2) and 298(1) of the Criminal Procedure Act 2009. Date: [Signature of Appellant/ Appellant's Legal Practitioner] *delete if not applicable __________________ Form 2H -- 48 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 44 RULE 3.02 FORM 3A NOTICE OF APPEAL MAGISTRATES' COURT CASE No.: COUNTY COURT CASE No.: IN THE MATTER OF: THIS FORM IS FILED ON BEHALF OF: ADDRESS: CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: [place] AND TO the Respondent: [name] Address for Respondent: I wish to appeal against a decision of the Magistrates' Court at [place] on [date]. The details of the offences and sentences/order imposed were: Offence Sentence/Order Form 3A -- 49 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 45 Reason for Appeal I am appealing against: *conviction and sentence *sentence alone STATEMENT REGARDING IMPOSITION OF MORE SEVERE SENTENCE I have been advised and I am aware that on the hearing of my appeal, the County Court may impose a more severe sentence than the one imposed by the Magistrates' Court and I have been given a copy of the information in Form 3B. Date: [Signature of Appellant] UNDERTAKING TO PROCEED WITH APPEAL I [name] of [address] undertake to: (a) appear at the County Court sitting at [place] which is located at [address] on [date] at [time] a.m./p.m. and to appear at the County Court for the duration of the appeal. (b) notify the County Court in writing of any change of address or representation. Date: [Signature of Appellant] In the presence of: [Signature of Registrar/Prison Officer/Police Officer] *delete if not applicable __________________ Form 3A -- 50 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 46 RULE 3.02 FORM 3B INFORMATION FOR APPELLANT Notice under section 255 of the Criminal Procedure Act 2009 To the Appellant: TAKE NOTICE that in relation to your appeal, the County Court may impose a sentence which is more severe than that which has been imposed on you by the Magistrates' Court. ALSO TAKE NOTICE THAT you must sign the acknowledgement contained in your notice of appeal that you have been advised that on your appeal, the County Court may impose a sentence which is more severe than that which has been imposed on you by the Magistrates' Court. FURTHER INFORMATION FOR APPELLANT A copy of the notice of appeal must be served on the respondent within 7 days after the day on which the notice is filed. The notice must be served: (a) by giving a copy of the document to— (i) the informant; or (ii) a person representing the informant at a hearing in relation to the charge; or (b) by sending a copy of the document by prepaid ordinary post addressed to the informant at the business address nominated by the informant under section 18 of the Criminal Procedure Act 2009; or (c) by sending a copy of the document by fax or email addressed to the informant at the fax number or email address nominated by the informant under section 18 of the Act; or (d) by leaving a copy of the document for the informant at the informant's business address with a person who appears to work there; or (e) in any other manner agreed between the informant and the party serving the document. INFORMATION CONCERNING ABANDONING AN APPEAL If you decide to abandon your appeal against both conviction and sentence, you must file a notice of abandonment of appeal in accordance with Form 3D of the County Court Criminal Procedure Rules. Form 3B -- 51 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 47 If you decide to abandon your appeal against conviction but pursue your appeal against sentence alone you must file a written notice of abandonment of appeal—conviction only in Form 3E of the County Court Criminal Procedure Rules. You should contact the County Court for further information. INFORMATION CONCERNING FAILURE TO APPEAR AT AN APPEAL If you fail to appear at the appeal hearing the Court may strike out your appeal or adjourn the proceedings on any terms the Court thinks appropriate. INFORMATION CONCERNING COSTS OF AN APPEAL If the Court strikes out or dismisses your appeal, it may order you to pay all or a specified portion of the respondent's costs if it is satisfied that the appeal was brought vexatiously or frivolously or in abuse of process. APPLICATION FOR LEAVE TO APPEAL If your notice of appeal has been filed more than 28 days after you were sentenced, your appeal is deemed to be an application for leave to appeal. The Court will consider your application prior to an appeal hearing commencing. If your application is granted, the Court may continue to hear your appeal on that day or adjourn the matter to a future date. LEGAL ASSISTANCE If you wish to make application for legal assistance you must make application in writing to Victoria Legal Aid (Melbourne—9269 0120) (Rural Areas—1800 677 402). The Court office can advise you of the address of the nearest Victoria Legal Aid office. Such application must be made immediately because it may take some time to process. You should take all necessary steps promptly so that, if you are granted legal aid, there will be enough time for advice to be given to you by your lawyer about the appeal. __________________ Form 3B -- 52 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 48 RULE 3.03 FORM 3C NOTICE OF APPEAL BY DPP AGAINST *SENTENCE IMPOSED BY MAGISTRATES' COURT/*FAILURE OF PERSON TO FULFIL UNDERTAKING To the Registrar of the Magistrates' Court: I, [full name], the DPP wish to appeal *under section 258 of the Criminal Procedure Act 2009 against a sentence imposed by the Magistrates' Court on [name of offender] of [address] *under section 260 of the Criminal Procedure Act 2009 against a lesser sentence imposed by the Magistrate's Court on [name of offender] of [address] TAKE NOTICE that I apply to the County Court on the ground(s) set out below: The ground(s) of my appeal are: [state the general grounds of the appeal] *In the case of an appeal under section 257 of the Act, I am satisfied that the appeal should be brought in the public interest. *In the case of an appeal under section 260 of the Act, the offender was convicted of an indictable offence that was heard and determined summarily by the Magistrates' Court, received a lesser sentence and that person has failed to fulfil an undertaking given to assist law enforcement authorities after sentencing. Date: [Signed by or on behalf of DPP] PARTICULARS 1. Name of offender on whom sentence imposed: 2. Offence for which offender convicted and sentenced to which this appeal relates: 3. Convicted at: [place and court] 4. Magistrate: Form 3C -- 53 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 49 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of legal practitioner who represented offender at summary proceeding: 9. Name of counsel (if any) who represented offender at summary proceeding: *delete if not applicable __________________ Form 3C -- 54 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 50 RULE 3.05 FORM 3D IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: NOTICE OF ABANDONMENT OF APPEAL THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR . CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: AND TO the Respondent: [name] of [address] *I wish to abandon my appeal against conviction and sentence in the Magistrates' Court at [place] on [date] The Magistrates' Court reference number is The *conviction/*sentence/*orders imposed were Form 3D -- 55 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 51 I acknowledge that the *conviction/*sentence/*order appealed will take effect immediately upon lodging this form. Date: [Signature of Appellant] *delete if not applicable __________________ Form 3D -- 56 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 52 RULE 3.06 FORM 3E IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: WRITTEN NOTICE OF ABANDONMENT OF APPEAL— CONVICTION ONLY THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR . CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: AND TO the Respondent: [name] of [address] An appeal was lodged against a decision of the Magistrates' Court at [place] on [date] The Magistrates' Court reference number is Form 3E -- 57 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 53 I abandon my appeal against conviction. I wish to proceed only with my appeal against sentence. Date: [Signature of Appellant] *delete if not applicable __________________ Form 3E -- 58 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 54 RULE 3.07 FORM 3F IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER WAS LISTED ON: [date] CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation *I represent the applicant Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: AND TO the Respondent: [name] of [address] An appeal was lodged against a decision of: *the Magistrates' Court at [place] on [date] The Magistrates' Court reference number is Form 3F -- 59 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 55 I wish to apply for an order to set aside the order striking out my appeal for my failure to appear made by the County Court on [date]. Reasons for application The application is made on the grounds that the failure to appear was not due to fault or neglect on the part of the appellant. My reasons are: [give details] Date: [Signature of Applicant/ Applicant's Legal Practitioner] Notice of this application must be served on the respondent a reasonable time before the hearing of the application. Under section 392 of the Criminal Procedure Act 2009, the notice must be served: (a) by giving a copy of the document to— (i) the informant; or (ii) a person representing the informant at a hearing in relation to the charge; or (b) by sending a copy of the document by prepaid ordinary post addressed to the informant at the business address nominated by the informant under section 18 of that Act; or (c) by sending a copy of the document by fax or email addressed to the informant at the fax number or email address nominated by the informant under section 18 of that Act; or (d) by leaving a copy of the document for the informant at the informant's business address with a person who appears to work there; or (e) in any other manner agreed between the informant and the party serving the document. The filing of this application does not stay the original sentence. LISTING OF APPLICATION This application is listed for hearing before the County Court at [place] at [time] a.m./p.m. on [date] Date: Registrar/Deputy Registrar *delete if not applicable __________________ Form 3F -- 60 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 56 RULE 3.08 FORM 3G IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: APPELLANT RESPONDENT RESULT OF APPEAL TO the Registrar of the County Court at: TO the Registrar of the Magistrates' Court at: Regarding an appeal against Recorded at the Magistrates' Court [place ] on [date]. Magistrates' Court reference number: Result of Appeal/Application The result of the appeal is: Offence/Type of Order Original Sentence/Order Decision on Appeal The order was made by [*Judge/*Registrar] on [date]. [Signature of *Judge/*Registrar] *delete if not applicable __________________ Form 3G -- 61 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 57 RULE 4.02 FORM 4A NOTICE OF APPEAL CHILDREN'S COURT CASE No.: COUNTY COURT CASE No.: IN THE MATTER OF: THIS FORM IS FILED ON BEHALF OF: ADDRESS: CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: [place] AND TO the Respondent: [name] Address for Respondent I wish to appeal against a decision of the Children's Court at [place] on [date]. The details of the charges and sentences/order imposed were: Charge Sentence/Order Form 4A -- 62 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 58 Reason for Appeal I am appealing against: *conviction and sentence *sentence alone STATEMENT REGARDING IMPOSITION OF MORE SEVERE SENTENCE I am aware that on the hearing of my appeal, the County Court may impose a more severe sentence than the one imposed by the Children's Court. Date: [Signature of Appellant] UNDERTAKING TO PROCEED WITH APPEAL I [name] of [address] undertake to: (a) appear at the County Court sitting at [place] which is located at [address] on [date] at [time] a.m./p.m. and to appear at the County Court for the duration of the appeal. (b) notify the County Court in writing of any change of address or representation. Date: [Signature of Appellant] In the presence of: [Signature of Registrar/Prison Officer/Police Officer] *delete if not applicable __________________ Form 4A -- 63 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 59 RULE 4.03 FORM 4B NOTICE OF APPEAL BY DPP AGAINST SENTENCE IMPOSED BY CHILDREN'S COURT To the Registrar of the Children's Court: I, [full name], the DPP wish to appeal under section 427 of the Children, Youth and Families Act 2005 against a sentence 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: 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 by or on behalf of DPP] PARTICULARS 1. Name of offender on whom sentence imposed: 2. Offence for which offender convicted and sentenced to which this appeal relates: 3. Convicted at Children's Court: [place] 4. Children's Court Magistrate: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of legal practitioner who represented offender at summary proceeding: 9. Name of counsel (if any) who represented offender at summary proceeding: __________________ Form 4B -- 64 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 60 RULE 4.05 FORM 4C IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: NOTICE OF ABANDONMENT OF APPEAL—CONVICTION AND SENTENCE THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR . CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: AND TO the Respondent: [name] of [address] *I wish to abandon my appeal against conviction and sentence in the Children's Court at [place] on [date] The Children's Court reference number is The *conviction/*sentence/*orders imposed were Form 4C -- 65 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 61 I acknowledge that the *conviction/*sentence/*order appealed will take effect immediately upon lodging this form. Date: [Signature of Appellant] *delete if not applicable __________________ Form 4C -- 66 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 62 RULE 4.06 FORM 4D IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: WRITTEN NOTICE OF ABANDONMENT OF APPEAL— CONVICTION ONLY—SECTION 430C(3) OF THE CHILDREN, YOUTH AND FAMILIES ACT 2005 THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER IS NEXT LISTED ON: [date] FOR . CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: AND TO the Respondent: [name] of [address] An appeal was lodged against a decision of the Children's Court at [place] on [date] The Children's Court reference number is Form 4D -- 67 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 63 I abandon my appeal against conviction. I wish to proceed only with my appeal against sentence. Date: [Signature of Appellant] __________________ Form 4D -- 68 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 64 RULE 4.07 FORM 4E IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: APPLICATION TO SET ASIDE ORDER STRIKING OUT APPEAL FOR FAILURE TO APPEAR THIS FORM IS FILED ON BEHALF OF: ADDRESS: THIS MATTER WAS LISTED ON: [date] FOR CONTACT DETAILS [If represented, please complete the legal practitioner details below] Contact No.: Email address: Address for service: *I have Legal Representation [complete below] *I do not have Legal Representation *I represent the applicant Firm: Practitioner's Name: Solicitor Code: Ref.: TO the Registrar of the County Court at: AND TO the Respondent: [name] of [address] An appeal was lodged against a decision of the Children's Court at [place] on [date] The Children's Court reference number is Form 4E -- 69 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 65 I wish to apply for an order to set aside the order striking out my appeal for my failure to appear made by the County Court on [date]. Reasons for application The application is made on the grounds that the failure to appear was not due to fault or neglect on the part of the appellant. My reasons are: [give details] This notice must be served in the same way as a notice of appeal is served. Date: [Signature of Applicant/ Applicant's Legal Practitioner] The filing of this application does not stay the original sentence. LISTING OF APPLICATION This application is listed for hearing before the County Court at [place] at [time] a.m./p.m. on [date]. Date: Registrar/Deputy Registrar *delete if not applicable __________________ Form 4E -- 70 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 66 RULE 4.08 FORM 4F IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: APPELLANT RESPONDENT RESULT OF APPEAL TO the Registrar of the County Court at: TO the Registrar of the Children's Court at: Regarding an appeal against Recorded at the Children's Court [place] on [date]. Children's Court reference number: Result of Appeal/Application The result of the appeal is: Offence/Type of Order Original Sentence/Order Decision on Appeal The order was made by [*Judge/*Registrar] on [date]. [Signature of *Judge/*Registrar] __________________ Form 4F -- 71 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 67 RULE 5.02 FORM 5A IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT IN THE MATTER OF: APPLICATION FOR *ADDITIONAL TIME TO PAY A FINE *INSTALMENT ORDER *VARIATION OF EXISTING INSTALMENT ORDER *COMMUNITY-BASED ORDER IN LIEU OF FINE APPLICANTS NAME: ADDRESS: CONTACT DETAILS Contact No.: Email address: Address for service: I, [name] apply to the Court at [place] for— *an order that time be allowed for payment of the fine. *an order that the fine be paid by instalments. *an order for the variation of the terms of an instalment order. *an order to complete unpaid community work instead of paying the fine. DETAILS OF FINE Date of fine order: Date of previous instalment order (if applicable): Amount of fine: $ I *was/*was not present when the order was made. Form 5A -- 72 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 68 I have made payments equalling $ so far and $ remains owing. DETAILS OF REQUESTED ORDER I now wish to pay the amount owing † by [date] † by instalments of $ each *week/*fortnight/*month † by unpaid community work. My current occupation is I currently received the amount of $ each *week/*fortnight/*month My expenses for each *week/*fortnight/*month equal $ Date: *delete if not applicable [Signature] Office Use Only __________________________________________ Decision: † Granted † Refused Judge/Registrar __________________ Form 5A -- 73 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 69 RULE 5.06 FORM 5B IN THE COUNTY COURT CASE No.: OF VICTORIA AT IN THE MATTER OF: COMMUNITY-BASED ORDER IN LIEU OF PAYMENT OF A FINE To: [name] Date of Birth: Of: [address] On [date], this Community-Based 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 Melbourne on [date] for the offence(s) of UNPAID AMOUNTS Fine Statutory Cost Costs Hours of work ordered How hours to be served $ $ $ Where the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other community-based order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed. This order commences on or before [date]. You must attend at [place and address] within 2 clear working days with a copy of this order. The conditions of this order are that you must— * not commit another offence for which you could be imprisoned during the time that the order is in force; * report to the above Community Corrections Centre within 2 clear working days of the order starting; Form 5B -- 74 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 70 * 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 lawful instructions and 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] __________________ Form 5B -- 75 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 71 RULE 5.06 FORM 5C NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF FINES A warrant to arrest has been issued to the Sheriff for non-payment of the fine(s) imposed against you in the County Court. A summary of the fine(s) and the total amount still outstanding is attached. You may obtain further details of the penalties from the Court. To do so, you must supply the Court reference which is also on the attached summary. YOU HAVE 7 DAYS FROM THE DATE YOU RECEIVE THIS NOTICE: • To pay the amount outstanding in full; or • To obtain an Instalment Order or Additional Time to Pay; or • To apply for and consent to the making of a Community-Based Order. OTHERWISE YOU MAY BE ARRESTED. PAYMENT MUST BE MADE TO THE REGISTRAR OF THE COUNTY COURT WHERE THE PENALTY WAS IMPOSED (see attached summary). IF YOU CANNOT PAY You may apply to the proper officer of the Court for an order that the fine be paid by instalments, that you be allowed additional time to pay the fine or that you perform unpaid community work in lieu of payment. If you are granted a Community-Based Order in lieu of payment, your fine(s) will be converted into hours of unpaid community work under the direction of the Office of Corrections at the rate of 1 hour for each 0·2 of a penalty unit or part thereof which is owed, with a minimum of 8 hours and a maximum of 500 hours work to be performed. The current value of a penalty unit may be obtained by contacting the Court. An application form may be obtained from the Court. ANY APPLICATION MUST BE SUBMITTED TO THE REGISTRAR OF THE COUNTY COURT WHERE THE PENALTY WAS IMPOSED. Form 5C -- 76 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 72 IF YOU DO NOT PAY OR TAKE ANY ACTION If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month it may— • make a community-based order requiring you to perform unpaid community work under the direction of the Office of Corrections for one hour for each 0·2 penalty unit or part of 0·2 penalty unit remaining unpaid with a minimum of 8 hours and a maximum of 500 hours. You may also be ordered to pay additional costs. • order that you be imprisoned for one day for each penalty unit or part of a penalty unit remaining unpaid with a maximum of 24 months, and may order you to pay additional costs. • order that the amount of the fine then unpaid be levied under a warrant to seize property. • vary any existing order for payment of the fine by instalments. • adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit. __________________ Form 5C -- 77 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 73 RULE 5.06 FORM 5D IN THE COUNTY COURT WARRANT No.: OF VICTORIA OBLIGATION No.: AT COURT REFERENCE No.: WARRANT TO ARREST FOR FAILURE TO PAY FINE Name of person to be arrested: Address of person to be arrested: To the Sheriff and all members of the Police Force in Victoria. On [date] the above named person was fined at the [place] County Court for the offence of *He/*she has failed to pay the amount owing for a period of more than one month. You are authorised to demand the amount of: FINE $ COSTS $ LESS AMOUNT PAID $ TOTAL OWING $ If the above named person fails to pay the money owing within 7 days of a demand being made and they have not made an application for time to pay or signed a consent to the making of a Community-Based Order then YOU ARE AUTHORISED to break, enter and search any place where the offender is suspected to be and to arrest *him/her and cause the offender when arrested— (a) to be brought before the County Court as soon as practicable to be dealt with according to Law; or (b) to be conveyed to a police station to be released on bail in accordance with the following provisions: [Insert bail provisions] *delete if not applicable Form 5D -- 78 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 74 Details about this Warrant Issued at: On [date] [Signature of Registrar] __________________ Form 5D -- 79 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 75 RULE 5.06 FORM 5E IN THE COUNTY COURT WARRANT No.: OF VICTORIA OBLIGATION No.: AT COURT REFERENCE No.: IN THE MATTER OF: SUMMONS FOR FAILURE TO PAY FINE To: [name] Of: [address] On [date] you were found guilty and fined at the [place] County Court for the offence of: . You were order to pay the following amount: FINE $ COSTS $ LESS AMOUNT PAID $ TOTAL OWING $ The Court records show that you have not paid the above amount and a warrant to seize your property to recover this amount has been returned unsatisfied. Listing of Case You must attend at the County Court at [place] on[date] at [time] a.m./p.m. Address of Court: Court contact number: Details about this summons Issued at On [date] [Signature of Registrar] Form 5E -- 80 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 76 Notes 1. If you pay the above amount to the Registrar on or before the date for hearing of this summons, you will not be required to attend at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs. 2. Payments must be made personally or posted to the Registrar. You must quote the Court reference at the top of this summons. 3. If you do not pay the amount due or attend at Court as directed by this summons, a warrant for your arrest may be issued. __________________ Form 5E -- 81 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 77 RULE 5.07 FORM 5F NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF FINES (BODIES CORPORATE) A warrant to seize property owned by the company has been issued to the Sheriff to satisfy the amount remaining unpaid on a fine imposed by the County Court on the company and all lawful costs of execution. A summary of the fine(s) and the total amount still outstanding is attached. You may obtain further details of the penalties from the Court. To do so, you must supply the Court reference which is also on the attached summary. YOU HAVE 7 DAYS FROM THE DATE YOU RECEIVE THIS NOTICE: • To pay the amount outstanding in full; or • To obtain an Instalment Order or Additional Time to Pay. OTHERWISE THE SHERIFF MAY SEIZE AND SELL PROPERTY. PAYMENT MUST BE MADE TO THE REGISTRAR OF THE COUNTY COURT WHERE THE PENALTY WAS IMPOSED (see attached summary). IF THE COMPANY CANNOT PAY An Authorised Officer of the company may apply to the proper officer of the Court for an order that the fine be paid by instalments or that additional time to pay the fine be allowed. An application form may be obtained from the Court. ANY APPLICATION MUST BE SUBMITTED TO THE REGISTRAR OF THE COUNTY COURT WHERE THE PENALTY WAS IMPOSED. IF THE COMPANY DOES NOT PAY OR TAKE ANY ACTION If the company does not pay or take any action, the Sheriff is required to seize and sell property belonging to the company to satisfy the amount outstanding. __________________ Form 5F -- 82 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 78 RULE 5.09 FORM 5G IN THE COUNTY COURT WARRANT No.: OF VICTORIA OBLIGATION No.: AT COURT REFERENCE No.: IN THE MATTER OF: WARRANT OF COMMITMENT Name of offender: Address of offender: To the Sheriff and to all members of the Police Force of the State of Victoria and to the Officer in Charge of the prison at which the above person is be held, the above offender has failed for a period of one month to pay the: *monetary penalty imposed on him or her on [date] or *instalment payable under an order made by the [place] County Court on [date] and having been this day ordered by this Court to be imprisoned for a term of . You are authorised and required to take and safely convey him or her to a convenient prison, and there deliver him or her to the Officer in Charge together with this warrant. And you, the Officer in Charge, are authorised and required to receive [name of offender] into your custody in such prison and there to imprison him or her for the term of . *delete if not applicable Form 5G -- 83 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 79 Details about this Warrant Issued at On [date] [Signature of Registrar] Date: __________________ Form 5G -- 84 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 80 RULE 5.10 FORM 5H IN THE COUNTY COURT OF VICTORIA AT SUMMONS—APPLICATION UNDER SECTION 28 OF THE SHERIFF ACT 2009 TO: THE SHERIFF: And [name and address of third party who paid amount under executed money warrant to which this application relates] You are summoned to attend before the Court on the hearing of an application under section 28 of the Sheriff Act 2009 by [name and address of applicant] for the reinstatement of an executed money warrant as a money warrant. The application relates to the following executed money warrant: [specify details] If you are the third party who paid the whole of the amount payable under the executed money warrant to which this application relates, you may attend but are not required to attend. The application will be heard before the Court, County Court, William Street, Melbourne, on [insert date] at [insert time] or so soon afterwards as the business of the Court allows. FILED: [date]. This summons was filed by [identify applicant or applicant's legal representative]. __________________ Form 5H -- 85 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 81 RULE 6.02 FORM 6A IN THE COUNTY COURT OF VICTORIA 20 Case No. AT IN THE MATTER of the Major Crime (Investigative Powers) Act 2004 and IN THE MATTER of an application by the Chief Examiner, the applicant, under section 42 of that Act to determine legal professional privilege. APPLICATION TO DETERMINE LEGAL PROFESSIONAL PRIVILEGE I, [name], Chief Examiner, apply under section 42 of the Major Crime (Investigative Powers) Act 2004 for a determination whether or not [describe document or thing] is the subject of legal professional privilege. *THIS APPLICATION is made on the following grounds: [insert reasons and specify grounds for making the application]. *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. Date: Chief Examiner *delete if not applicable __________________ Form 6A -- 86 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 82 RULE 6.03 FORM 6B IN THE COUNTY COURT CASE No.: OF VICTORIA INDICTMENT No.: AT IN THE MATTER OF a witness summons issued by the Chief Examiner under section 15 of the Major Crime (Investigative Powers) Act 2004 WARRANT FOR ARREST OF WITNESS To [name]: Address of witness: Details On [date] the Chief Examiner issued a witness summons to you under section 15 of the Major Crime (Investigative Powers) Act 2004. An application under section 46 of that Act has been made by a member of the police force [insert name and details of applicant] for the issue of a warrant for your arrest because there are reasonable grounds to believe: *1 that you have absconded or are likely to abscond; or *2 that you are otherwise attempting, or are otherwise likely to attempt, to evade service of the summons; or *3 that you have committed an offence under section 37(1) of that Act or are likely to do so. A copy of the witness summons is attached to this Warrant. Dated: [Signature of DPP/ Crown Prosecutor] Warrant to arrest To all members of the police force or You are authorised to break into and enter any premises, vessel, aircraft or vehicle where the person named in this warrant is suspected to be, to arrest that person and bring him or her before the Court as soon as practicable to be Form 6B -- 87 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 83 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 of arrest should be issued on the following grounds: *1 that the person has absconded or is likely to abscond; or *2 that the person is otherwise attempting, or is otherwise likely to attempt, to evade service of the summons; or *3 that the person has committed an offence under section 37(1) of that Act or is likely to do so. Details about this Warrant Issued at On [date] [Signature of Judge] *Delete if not applicable __________________ Form 6B -- 88 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 84 RULE 7.01 FORM 7A IN THE COUNTY COURT OF VICTORIA AT IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate IDENTITY CRIME CERTIFICATE The County Court issues this identity crime certificate under section 89F of the Sentencing Act 1991. On [date] the Court found [name of offender] guilty of an identity crime offence. 1. The identity crime offence to which this certificate relates is [specify identity crime offence and date of offence] 2. The name of the victim of the identity crime offence is [name of victim] *3. The Court considers the following other matters are relevant: [specify any other relevant matters, for example address of victim, date of birth, gender] Date [Signature of Judge] *delete if inapplicable __________________ Form 7A -- 89 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 85 RULE 7.02 FORM 7B IN THE COUNTY COURT OF VICTORIA No. AT IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate NOTICE TO APPEAR UNDER SECTION 89H OF THE SENTENCING ACT 1991 TO: [name and address of person who prosecuted the identity crime offence which is the subject of the application] TAKE NOTICE THAT you are directed to appear at the hearing of the application to provide assistance to the Court in relation to the application. PARTICULARS: 1. Date of hearing 2. Place of hearing [address of Court] 3. The identity crime offence to which this application relates is [specify identity crime offence] 4. The name of the victim of the identity crime offence is [name of victim] 5. The Court found [name of offender] guilty of the identity crime offence on [date] *6. Other relevant matters are: [specify any other relevant matters] *7. You may appoint another person to appear on your behalf at the hearing. If you wish to do so, specify the name and contact details of that person. Date [Signature] *delete if inapplicable __________________ Form 7B -- 90 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 86 Rule 1.14 SCHEDULE 1 CONSEQUENTIAL AMENDMENTS TO CHAPTER II 1 Heading to Order 2 amended In the heading to Order 2 of the County Court Miscellaneous Rules 2009 2 — (a) omit "UNDER SUBDIVISION 1, DIVISION 4 OF PART 4 OF THE MAGISTRATES' COURT ACT 1989 AND"; (b) omit "OR 424". 2 Rule 2.01 substituted For Rule 2.01 of the County Court Miscellaneous Rules 2009 substitute— "2.01 Application This Order applies to any appeal under section 328 of the Children, Youth and Families Act 2005.". 3 Revocation of redundant rules and related Forms (1) Rules 2.03 and 2.04 of the County Court Miscellaneous Rules 2009 are revoked. (2) Forms 2–2A, 2–2B and 2–2C of the County Court Miscellaneous Rules 2009 are revoked. 4 Notice of appeal and undertaking to prosecute (1) In the heading to Rule 2.05 of the County Court Miscellaneous Rules 2009 omit "or 424". Sch. 1 -- 91 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 87 (2) In Rule 2.05 of the County Court Miscellaneous Rules 2009— (a) for "For the purposes of Schedule 6 to the Magistrates' Court Act 1989, a" substitute "A". (b) omit "or section 424". 5 Notice of abandonment (1) In the County Court Miscellaneous Rules 2009, Rule 2.07 and Form 2–2E are revoked. (2) In the County Court Miscellaneous Rules 2009— (a) in the heading to Rule 2.08 omit "—other sentencing order"; (b) in Rule 2.08— (i) for "a sentencing order which did not impose a term of imprisonment or detention" substitute "the order or dismissal that is the subject of the appeal"; (ii) paragraph (a) is revoked; (iii) in paragraph (b) omit "or section 424"; (c) Form 2–2F is revoked. (3) In Rule 2.10 of the County Court Miscellaneous Rules 2009— (a) paragraph (a) is revoked; (b) in paragraph (b) omit "or section 424". 6 Order striking out appeal and related Form (1) In Rule 2.11 of the County Court Miscellaneous Rules 2009— (a) in paragraph (1)— (i) paragraph (a) is revoked; and (ii) in paragraph (b) omit "or section 424"; Sch. 1 -- 92 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 88 (b) in paragraph (2)— (i) paragraph (a) is revoked; and (ii) in paragraph (b) omit "or section 424"; (2) Form 2–2J of the County Court Miscellaneous Rules 2009 is revoked. 7 Recording of decision and related Form (1) In Rule 2.13(1) of the County Court Miscellaneous Rules 2009— (a) paragraph (a) is revoked; (b) in paragraph (b) omit "or section 424". (2) Form 2–2L of the County Court Miscellaneous Rules 2009 is revoked. 8 Copies of record In Rule 2.14(1)(a)(ii) of the County Court Miscellaneous Rules 2009 omit "Magistrates' Court or". 9 Application for rehearing In the County Court Miscellaneous Rules 2009— (a) Rules 2.16 and 2.17 are revoked; (b) Forms 2–2O and 2–2P are revoked. 10 Amendments to Order 2 Forms In the County Court Miscellaneous Rules 2009— (a) in the heading to Form 2–2D omit "OR SECTION 424"; (b) in Form 2–2D— (i) for "be present" (where twice occurring) substitute "appear"; (ii) omit the words and expressions commencing "[Qualification" and ending "Act 2005]"; Sch. 1 -- 93 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 89 (c) in Form 2–2G omit "or section 424"; (d) in Form 2–2K for "clause 6 of Schedule 6 to the Magistrates' Court Act 1989" substitute "section 430C of the Children, Youth and Families Act 2005"; (e) in Form 2–2N— (i) omit "[section 89A of the Magistrates' Court Act 1989]"; (ii) omit "—section 89 of the Magistrates' Court Act 1989". 11 Orders 9, 11 and 14 and related Forms revoked (1) Orders 9, 11 and 14 of the County Court Miscellaneous Rules 2009 are revoked. (2) Forms 2–9A to 2–9J and Forms 2–11A to 2–11AB of the County Court Miscellaneous Rules 2009 are revoked. Dated: 17 December 2009 M. ROZENES, Chief Judge F. E. HOGAN M. G. McINERNEY I. E. LAWSON M. A. RIZKALLA G. GULLACI F. J. SHELTON K. R. HOWIE T. M. HOLT W. A. WILMOTH T. D. WOOD G. T. CHETTLE P. D. JENKINS F. MILLANE J. R. BOWMAN S. S. DAVIS R. A. LEWITAN F. P. HAMPEL G. G. HICKS J. G. MORRISH J. A. SMALLWOOD J. P. LECKIE S. M. COHEN D. A. PARSONS M. E. SEXTON S. E. PULLEN Sch. 1 -- 94 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 90 A. J. HOWARD C. A. THORNTON L. A. HANNAN P. M. TAFT M. D. MURPHY F. SACCARDO M. E. KENNEDY M. A. GAMBLE C. M. O'NEILL H. MASON D. L. ALLEN G. P. MULLALY K. L. BOURKE T. J. GINNANE P. M. E. WISCHUSEN K. E. KINGS P. G. LACAVA J. L. PARRISH F. R. GUCCIARDO ═══════════════ Sch. 1 -- 95 of 96 -- County Court Criminal Procedure Rules 2009 S.R. No. 183/2009 91 ENDNOTES 1 Rule 1.09(1): S.R. No. 148/2008. 2 Schedule 1 item 1: S.R. No. 56/2009. Endnotes -- 96 of 96 --