Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008

Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 6/2008 TABLE OF PROVISIONS Rule Page ORDER 1—PRELIMINARY 1 1.01 Object 1 1.02 Authorising provisions 1 1.03 Commencement 1 1.04 Revocation 1 ORDER 2—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 2 2.01 Definition 2 2.02 Application under section 42E 2 2.03 Application under section 42L 2 2.04 Application under section 42M 2 2.05 Application under section 42N 3 2.06 Application under section 42P 3 __________________ FORMS 4 Form 2A—Notice of application under section 42L of the Evidence Act 1958 4 Form 2B—Notice of application under section 42M, 42N or 42P of the Evidence Act 1958 5 ═══════════════ ENDNOTES 7 i -- 1 of 8 -- STATUTORY RULES 2008 S.R. No. 6/2008 Magistrates' Court Act 1989 Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: ORDER 1—PRELIMINARY 1.01 Object The object of these Rules is to facilitate applications to the Court under Part IIA of the Evidence Act 1958. 1.02 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 1.03 Commencement These Rules come into operation on 1 March 2008. 1.04 Revocation The Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 19981 are revoked. 1 -- 2 of 8 -- Order 2—Applications Under Part IIA of the Evidence Act 1958 Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 6/2008 r. 2.01 ORDER 2—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 2.01 Definition In this Order, the Act means the Evidence Act 1958. 2.02 Application under section 42E Unless the Court otherwise directs, an application under section 42E(1) of the Act must be made in accordance with Order 16A of the Magistrates' Court Civil Procedure Rules 19992. 2.03 Application under section 42L Unless the application is made in accordance with section 42L(5) of the Act— (a) notice of an application under section 42L of the Act must be in Form 2A; and (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 2.04 Application under section 42M Unless the application is made in accordance with section 42M(5) of the Act— (a) notice of an application under section 42M of the Act must be in Form 2B; and (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 2 -- 3 of 8 -- Order 2—Applications Under Part IIA of the Evidence Act 1958 Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 6/2008 r. 2.05 2.05 Application under section 42N Unless the application is made in accordance with section 42N(3) of the Act— (a) notice of an application under section 42N of the Act must be in Form 2B; and (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 2.06 Application under section 42P Unless the application is made in accordance with section 42P(5) of the Act— (a) notice of an application under section 42P of the Act must be in Form 2B; and (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. __________________ 3 -- 4 of 8 -- Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 6/2008 Form 2A FORMS Rule 2.03 FORM 2A NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE ACT 1958 In the Magistrates' Court at The Queen v. [name of accused] PARTICULARS OF APPLICATION TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it. Type of hearing [insert details] Date of hearing [insert details] The grounds on which this application are made are [set out grounds] Date: [Signature] _______________ 4 -- 5 of 8 -- Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 6/2008 Form 2B Rules 2.04, 2.05 and 2.06 FORM 2B NOTICE OF APPLICATION UNDER SECTION 42M, 42N OR 42P OF THE EVIDENCE ACT 1958 In the Magistrates' Court at The Queen v. [name of accused] PART 1—PARTICULARS OF APPLICATION TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear before it by audio visual link. 1. Type of hearing [insert details] 2. Date of hearing [insert details] 3. The grounds on which this application is made are [set out grounds] 4. Is this application being made with the consent of the parties to the proceeding? 5. If the answer to question 4 is No, what parties have not given consent? 6. If the accused is in custody, do facilities exist for an audio visual link? Date: [Signature] PART 2—PARTICULARS OF HEARING (to be completed by the Registrar) The application will be heard before the Court at , on [e.g. 20 June 20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. FILED [e.g. 15 June 20 ] 5 -- 6 of 8 -- Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 6/2008 Form 2B Dated: 12 February 2008 IAN GRAY, Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate PETER LAURITSEN, Deputy Chief Magistrate ═══════════════ 6 -- 7 of 8 -- Magistrates' Court Criminal Procedures (Evidence - Audio Visual and Audio Linking) Rules 2008 S.R. No. 6/2008 Endnotes ENDNOTES 1 Rule 1.04: S.R. No. 17/1998. 2 Rule 2.02: S.R. No. 58/1999. Reprint No. 3 as at 1 March 2005. Reprinted to S.R. No. 5/2005 and subsequently amended by S.R. Nos 15/2005, 165/2005, 87/2006, 164/2006, 170/2006, 178/2006, 103/2007, 119/2007 and 142/2007. 7 -- 8 of 8 --