Magistrates' Court (Committals) Amendment Rules 2008

Magistrates' Court (Committals) Amendment Rules 2008 S.R. No. 83/2008 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Rule 12.01 revoked 1 6 Substitution of Rule 12.02 2 12.02 Caution to be given to person charged 2 7 New Rule 12.03.1 inserted 2 12.03.1 Plea caution 2 8 Hand-up brief 2 9 Case direction notice 3 10 Revocation of Form 12A 3 11 Caution to be given to person charged 3 12 New Form 12D inserted 3 Form 12D—Plea caution 3 ═══════════════ ENDNOTES 5 i -- 1 of 6 -- STATUTORY RULES 2008 S.R. No. 83/2008 Magistrates' Court Act 1989 Magistrates' Court (Committals) Amendment Rules 2008 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to amend the Magistrates' Court (Committals) Rules 1999 to make further provision for cautions and pleas in criminal proceedings and other minor matters. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 3 Commencement These Rules come into operation on 1 July 2008. 4 Principal Rules In these Rules the Magistrates' Court (Committals) Rules 19991 are called the Principal Rules. 5 Rule 12.01 revoked Rule 12.01 of the Principal Rules is revoked. 1 -- 2 of 6 -- S.R. No. 83/2008 Magistrates' Court (Committals) Amendment Rules 2008 r. 6 6 Substitution of Rule 12.02 For Rule 12.02 of the Principal Rules substitute— "12.02 Caution to be given to person charged For the purposes of clause 23(2)(b)(i) of Schedule 5 to the Act and as provided by section 398 of the Crimes Act 1958, the caution set out in section 398 of the Crimes Act 1958 and in form 12B may be used by the Court.". 7 New Rule 12.03.1 inserted After Rule 12.03 of the Principal Rules insert— "12.03.1 Plea caution For the purposes of clause 24(1)(aa) of Schedule 5 to the Act, the Court may inform the defendant by using the manner of caution set out in Form 12D.". 8 Hand-up brief In Form 7 to the Principal Rules— (a) in paragraph (a) under the heading DISCUSSION OF ISSUES WITH THE PROSECUTOR, omit ", or to reserve your plea"; (b) in paragraph (c) under the heading THE COMMITTAL MENTION HEARING, for "Supreme Court)." substitute "Supreme Court);"; (c) after paragraph (c) under the heading THE COMMITTAL MENTION HEARING insert— "(d) if the Court decides that you should be tried by a judge and jury in the County Court or Supreme Court, ask you 2 -- 3 of 6 -- S.R. No. 83/2008 Magistrates' Court (Committals) Amendment Rules 2008 r. 9 whether or not you plead guilty or not guilty to the charge or charges against you.". 9 Case direction notice In clause 1 of Form 10A to the Principal Rules, omit "* Reserved/". 10 Revocation of Form 12A Form 12A to the Principal Rules is revoked. 11 Caution to be given to person charged In Form 12B to the Principal Rules, for "(Section 398 of the Crimes Act 1958)" substitute "(clause 23(2)(b)(i) of Schedule 5 to the Magistrates' Court Act 1989 and section 398 of the Crimes Act 1958)". 12 New Form 12D inserted After Form 12C to the Principal Rules insert— "FORM 12D Rule 12.03.1 PLEA CAUTION (clause 24(1)(aa) of Schedule 5 to the Magistrates' Court Act 1989) You may plead guilty or not guilty. If you plead guilty to all the charges or some of the charges today or at any time before or during your trial, the sentencing judge may take into account whether you pleaded guilty and the stage in the proceedings at which you pleaded guilty or indicated an intention to plead guilty. It is also your right to plead not guilty to all of the charges or some of them. Whatever you say will be recorded and may be given in evidence if you appear before a judge. Are you guilty or not guilty?". 3 -- 4 of 6 -- S.R. No. 83/2008 Magistrates' Court (Committals) Amendment Rules 2008 r. 12 Dated: 27 June 2008 IAN L. GRAY, Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate FELICITY BROUGHTON, Deputy Chief Magistrate ═══════════════ 4 -- 5 of 6 -- S.R. No. 83/2008 Magistrates' Court (Committals) Amendment Rules 2008 Endnotes ENDNOTES 1 Rule 4: S.R. No. 97/1999. Subsequently amended by S.R. Nos 150/1999, 58/2001 and 56/2007. 5 -- 6 of 6 --