Supreme Court (Criminal Procedure) Rules 2008

i Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 TABLE OF PROVISIONS Rule Page ORDER 1—PRELIMINARY 1 1.01 Title and object 1 1.02 Authorising provisions 1 1.03 Commencement and revocation 2 1.04 Application of Rules 2 1.05 Definitions 2 1.06 Registrar of Criminal Appeals 2 1.07 Calculating time 2 1.08 Extension and abridgement 3 1.09 Process in vacation 3 1.10 Content and form of documents 3 1.11 Filing of documents 4 1.12 Subpoenas 4 1.13 Authentication 4 1.14 Amendment of judgment or order 5 1.15 Effect of non-compliance 5 ORDER 2—CRIMINAL APPEALS 6 PART 1—PRELIMINARY 6 2.01 Definitions 6 2.02 Effect of non-compliance 7 2.03 Dispensing with compliance 7 2.03.1 Single judge 8 2.03.2 Legal practitioners 8 2.03.3 Notices to be signed 8 PART 2—COMMENCEMENT OF APPEALS 9 2.04 Institution of appeal 9 2.05 Form of notice 9 2.06 Application for extension of time 9 2.07 No notice of appeal when leave to appeal granted 9 2.07.1 Application may be treated as appeal 9 2.08 Extension of time before Registrar 10 2.08.1 Election under section 582 10 -- 1 of 197 -- Rule Page ii 2.09 Full statement of grounds 11 2.09.1 Outline of submissions 12 2.09.2 Unrepresented appellant 13 2.09.3 Noncompliance with Rule 2.09 or 2.09.1 13 2.10 Early hearing 14 2.10.1 Time 15 2.11 Amendment of notice of appeal 15 2.12 Reference on petition of mercy 16 2.13 Certificate from trial judge 16 2.13.1 Crown appeals 17 2.13.2 Abandonment 17 PART 3—APPEAL WHERE FINE AND IMPRISONMENT IN DEFAULT 18 2.14 Fine paid to be retained pending appeal 18 2.15 Procedure 18 PART 4—PROCEDURES 20 2.16 Pre-hearing conference 20 2.17 Transcript of trial 20 2.18 Preservation of exhibits 21 2.19 Copies of transcript, exhibits etc. 22 2.20 Return of exhibits after hearing 22 2.21 Entitlement to hearing when restitution order made 23 2.22 Property subject to restitution order 23 2.23 Custody of property of convicted person 23 2.24 Security may be ordered 24 2.25 Stay of destruction, forfeiture order 24 2.26 Certificate of conviction 24 2.27 Report from trial judge 25 2.28 Original depositions, exhibits etc. 25 2.28.1 Attendance of appellant 26 2.28.2 Written case and argument 26 2.28.3 Crown appeals 26 PART 5—MISCELLANEOUS 26 2.29 Bail 26 2.30 Registrar to notify determination 27 2.31 Witnesses before Court of Appeal 27 2.32 Examination other than by court 28 2.33 Special commissioners 29 2.34 Transfer of prisoners 30 2.35 Duties of prison officers 30 -- 2 of 197 -- Rule Page iii ORDER 3—PRISON SENTENCES (COUNTY COURT APPEALS) APPEALS RULES 33 3.01 Definition 33 3.02 Notice of intention to apply for leave 33 3.03 No notice of appeal when leave is granted 33 3.04 Service of notice 33 3.05 Procedure on hearing 33 3.06 Application may be treated as appeal 34 3.07 Obligation of prison officers 34 ORDER 4—PRE-TRIAL CRIMINAL PROCEDURE RULES 35 4.01 Definitions 35 4.02 Notice by solicitor to DPP and CTLD 36 4.03 Copy presentment to be served 37 4.04 Service by post 37 4.05 Notice by solicitor to Prothonotary 38 4.06 Unrepresented accused person 38 4.07 Questionnaire 39 4.08 Costs liability 39 4.09 Case conference 40 SCHEDULE 43 ORDER 5—PAYMENT OF FINES RULES 46 5.01 Definitions 46 5.02 Proper officer 46 5.03 Application 46 5.04 Application operates as stay 46 5.05 Consideration of application 46 5.06 Service of copy order 47 5.07 Enforcement of fines against a natural person 47 5.08 Enforcement of fine against body corporate 47 ORDER 6—CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME 48 6.01 Definitions 48 6.02 Application of this Order 48 6.03 Making of application to the Court 49 6.04 Notice and service generally 49 6.05 Applications for restraining orders and monitoring orders 50 6.06 Application without notice under the Act 50 6.07 Other applications generally under Commonwealth Act 50 6.08 Notice of application 50 6.09 Filing and directions 51 6.10 Notice of opposition to an application 52 -- 3 of 197 -- Rule Page iv 6.11 Evidence 52 6.12 Notice of order or declaration 53 6.13 Notice of discharge 54 6.14 Interstate order 55 6.15 Examination under section 98(2) of the Act 55 ORDER 7—SURVEILLANCE DEVICES RULES 56 7.01 Definition 56 7.02 Application of Order 56 7.03 Forms of application 56 7.04 Filing and service of documents 56 7.05 Form of surveillance device warrants 56 7.06 Form of retrieval warrant 56 7.07 Assistance orders 57 7.08 Reports under section 30K 57 ORDER 9—WITNESS PROTECTION RULES 59 9.01 Definition 59 9.02 Application of Order 59 9.03 Application 59 9.04 Filing and service of documents 59 ORDER 10—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 60 10.01 Definition 60 10.02 Application under section 42E 60 10.03 Application under section 42L 60 10.04 Application under section 42M 60 10.05 Application under section 42N 61 10.06 Application under section 42P 61 ORDER 11—TERRORISM (COMMUNITY PROTECTION) RULES 62 11.01 Definition 62 11.02 Application of Order 62 11.03 Form of application to Court 62 11.04 Filing of documents 62 11.05 Form of warrant 62 -- 4 of 197 -- Rule Page v ORDER 12—SERIOUS SEX OFFENDERS MONITORING RULES 63 12.01 Definition 63 12.02 Application of Order 63 12.03 Form of application for extended supervision order and renewal of extended supervision order 63 12.04 Form of order 63 12.05 Application for review of order 63 12.06 Notice of intention to dispute report 64 12.07 Order for a person to attend for examination 64 12.08 Filing of documents 64 12.09 Form of notice of appeal 64 ORDER 13—MAJOR CRIME (INVESTIGATIVE POWERS) RULES 65 13.01 Definition 65 13.02 Application of Order 65 13.03 Applications made under this Order 65 13.04 Form of application for coercive powers order or extension or variation of order 65 13.05 Form of order 65 13.06 Form of application for witness summons 65 13.07 Form of application for order to bring person in custody before Chief Examiner 66 13.08 Filing of documents 66 ORDER 14—ASSUMED IDENTITY RULES 67 14.01 Definition 67 14.02 Application of Order 67 14.03 Applications made under this Order 67 14.04 Forms of application under the Act 67 14.05 Filing of documents 67 14.06 Forms of order 68 __________________ FORMS 69 Form 6–1A—Subpoena 69 Form 6–2A—Notice of Appeal 75 Form 6–2B—Notice of Appeal Upon the Certificate of the Trial Judge 77 Form 6–2C—Notice of Application for Leave to Appeal Against a Conviction 79 Form 6–2D—Notice of Application for Leave to Appeal Against Sentence 81 -- 5 of 197 -- Rule Page vi Form 6–2E—Application for Extension of Time within which to Lodge Notice of Appeal 83 Form 6–2FA—Notification to Applicant of Registrar's Decision Under Section 582A 84 Form 6–2FB—Election to have Application for Extension of Time Determined by the Court of Appeal 85 Form 6–2GA—Notification to Applicant of Single Judge's Decision Under Section 582 86 Form 6–2GB—Notice of Election under Section 582 87 Form 6–2H—Notice of Abandonment 89 Form 6–2J—Trial Judge's Certificate 90 Form 6–2K—Recognizance of Appellant Sentenced to Pay a Fine (and Surety) 91 Form 6–2L—Notification of Result of Appeal or Application 93 Form 6–2M—Appellant's Application for Examination of Further Witness(es) 94 Form 6–2N—Notice to Witness to Attend Before Examiner 95 Form 6–2P—Notice to Prisoner Who Wishes to Appeal 96 Form 6–3A—Notice of Intention to Apply for Leave to Appeal against Sentence Imposed under Section 86 of the Magistrates' Court Act 1989 97 Form 6–3B—Information for Persons Upon Whom a Sentence of Imprisonment has been Imposed by the County Court Upon Appeal from the Magistrates' Court in Substitution for some other Sentence Imposed by the Magistrates' Court 98 Form 6–4A—Notice that Solicitor Acts 99 Form 6–4B—Notice that Solicitor has Ceased to Act 100 Form 6–4D—Notice to Accused Person 101 Form 6–4E—Questionnaire 102 Form 6–5A—Application by an Offender who has been Fined 103 Form 6–5B—Notice about the Procedure for Enforcement of Fines 105 Form 6–5C—Consent to a Community-Based Order 107 Form 6–5D—Community-Based Order in Default of Payment of a Fine 109 -- 6 of 197 -- Rule Page vii Form 6–5E—Summons for Failure to Pay a Fine 111 Form 6–5F—Notice about the Procedure for Enforcement of a Fine (Bodies Corporate) 113 Form 6–6A—Application Under Section [insert relevant section and relevant Act] for Restraining Order 114 Form 6–6B—Notice of Application Made Under Section 16 117 Form 6–6C—Notice of Application to be Made Under Section 20 for Exclusion Order 118 Form 6–6D—Notice of Application to be Made Under Section 26 for Further Orders 120 Form 6–6E—Notice of Application to be Made Under Section 32 for Forfeiture Order 122 Form 6–6F—Notice of Application to be Made Under Section 37 for Civil Forfeiture Order 125 Form 6–6G—Notice of Application to be Made Under Section 45 for Relief from Hardship 127 Form 6–6H—Notice of Application to be Made Under Part 6 of the Confiscation Act for Exclusion Order 129 Form 6–6J—Notice of Application to be Made Under Section 58 for Pecuniary Penalty Order 132 Form 6–6K—Notice of Application to be Made Under Section 63 for Pecuniary Penalty Order 134 Form 6–6L—Notice of Application to be Made Under Section [Insert Number] of the Confiscation Act 1997 137 Form 6–6LA—Notice of Opposition to Application 139 Form 6–6M—Important Note 140 Form 6–6N—Notice of Discharge of Forfeiture 141 Form 6–6O—Application Under Section [insert relevant section and relevant Act] for Monitoring Order 143 Form 6–7A—Application for Warrant 145 Form 6–7B—Application for Retrieval Warrant 147 Form 6–7C—Application for Assistance Order 149 Form 6–7D—Warrant 151 Form 6–7E—Retrieval Warrant 154 Form 6–7F—Assistance Order 157 -- 7 of 197 -- Rule Page viii Form 6–7G—Endorsement of Assistance Order 158 Form 6–9A—Application 159 Form 6–10A—Notice of Application Under Section 42L of the Evidence Act 1958 160 Form 6–10B—Notice of Application Under Section 42M, 42N or 42P of the Evidence Act 1958 161 Form 6–11A—Application for Covert Search Warrant 162 Form 6–11B—Covert Search Warrant 163 Form 6–12A—Application for Extended Supervision Order 165 Form 6–12B—Extended Supervision Order 167 Form 6–12C—Application for Review of Extended Supervision Order 169 Form 6–12D—Notice of Intention to Dispute Assessment Report or Other Report to Court of Medical Expert 170 Form 6–12E—Order to Attend for Examination 172 Form 6–12F—Notice of Appeal 173 Form 6–12G—Notice of Appeal 175 Form 6–13A—Application for Coercive Powers Order 177 Form 6–13B—Coercive Powers Order 179 Form 6–13C—Application for Issue of Witness Summons 181 Form 6–13D—Application for Order under section 18(2) of the Major Crime (Investigative Powers) Act 2004 183 Form 6–14A—Application 184 Form 6–14B—Application 185 Form 6–14C—Order 186 Form 6–14D—Order 187 __________________ SCHEDULE—Revoked Statutory Rules 188 ═══════════════ -- 8 of 197 -- 1 STATUTORY RULES 2008 S.R. No. 12/2008 Supreme Court Act 1986 Crimes Act 1958 Sentencing Act 1991 Interpretation of Legislation Act 1984 Supreme Court (Criminal Procedure) Rules 2008 The Judges of the Supreme Court make the following Rules: ORDER 1—PRELIMINARY 1.01 Title and object (1) These Rules constitute Chapter VI of the Rules of the Supreme Court and are entitled the Supreme Court (Criminal Procedure) Rules 2008. (2) The object of these Rules is to remake the Rules constituting Chapter VI of the Rules of the Supreme Court which provide certain forms and procedures for matters in the Court under the Crimes Act 1958 and under other legislation relating to matters of a criminal, quasi-criminal or related nature. 1.02 Authorising provisions These Rules are made under— (a) section 25 of the Supreme Court Act 1986; (b) sections 366 and 583 of the Crimes Act 1958; (c) section 68 of the Sentencing Act 1991; -- 9 of 197 -- Order 1—Preliminary Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 2 (d) section 50 of the Interpretation of Legislation Act 1984; and (e) all other enabling powers. 1.03 Commencement and revocation (1) These Rules come into operation on 25 March 2008. (2) The Rules set out in the Schedule are revoked. 1.04 Application of Rules These Rules apply to all matters in the Court whenever commenced— (a) which relate to the criminal jurisdiction of the Court, whether conferred by an Act or otherwise; and (b) for which provision relating to the conduct of the matter is made by these Rules. 1.05 Definitions In these Rules— Chapter I means Chapter I of the Rules of the Supreme Court; solicitor has the same meaning as it has in Chapter I. 1.06 Registrar of Criminal Appeals In these Rules a reference to the Registrar of Criminal Appeals shall be taken to be a reference to the Registrar of the Court of Appeal if those two offices are for the time being held by the same person. 1.07 Calculating time (1) Any period of time fixed by or under these Rules shall be calculated in accordance with this Rule. r. 1.03 -- 10 of 197 -- Order 1—Preliminary Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 3 (2) If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event shall be excluded. (3) If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included. (4) If a period of five days or less would include a day on which the office of the Court is closed, that day shall be excluded. (5) If the last day for doing any act at the office of the Court is a day on which the office is closed, the act may be done on the next day the office is open. 1.08 Extension and abridgement (1) The Court may extend or abridge any time fixed by or under these Rules. (2) The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires. 1.09 Process in vacation In calculating the time fixed by or under these Rules, the period from 24 December to 9 January next following shall be excluded, unless the Court otherwise orders. 1.10 Content and form of documents (1) Except to the extent that the nature of the document renders compliance impracticable, a document prepared by a party for use in the Court shall be prepared in accordance with Order 27 of Chapter I, other than Rule 27.02. (2) An affidavit shall be made in the first person and shall be prepared in accordance with Order 43 of Chapter I. r. 1.08 -- 11 of 197 -- Order 1—Preliminary Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 4 1.11 Filing of documents (1) Subject to paragraph (2), a document in a proceeding to which these Rules relate is filed by filing it— (a) in the office of the Prothonotary or, where a proceeding is commenced in an office of the Court outside Melbourne, in that office; or (b) with the proper officer in court. (2) A document in a proceeding in the Court of Appeal is filed by filing it— (a) in the office of the Registrar of Criminal Appeals; or (b) with the proper officer in court. (3) The person with whom the document is filed shall indorse on it the date and time of filing. (4) A document filed in a proceeding to which these Rules relate is not open for inspection unless the Court or the Prothonotary, Deputy Prothonotary or Registrar (as the case requires) so directs. 1.12 Subpoenas (1) Subject to paragraph (2), Order 42 of Chapter I applies with any necessary modification to a proceeding to which these Rules relate, except an appeal or an application for leave to appeal. (2) In a proceeding to which these Rules relate (except an appeal or an application for leave to appeal), a subpoena shall be in accordance with Form 6–1A. 1.13 Authentication (1) A judgment or order of the Court in a proceeding to which these Rules relate may be authenticated in accordance with this Rule. r. 1.11 -- 12 of 197 -- Order 1—Preliminary Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 5 (2) Subject to paragraph (3), a judgment or order of the Court is authenticated when the judgment or order, having been drawn up, is signed by a Judge or sealed by the Prothonotary. (3) In a proceeding in the Court of Appeal, a judgment or order of the Court is authenticated when the judgment or order, having been drawn up, is signed by a member of the Court of Appeal or the Registrar of Criminal Appeals. 1.14 Amendment of judgment or order For the sake of removing doubt, it is declared that the inherent power of the Court to correct a clerical mistake in a judgment or order or an error arising in a judgment or order from any accidental slip or omission may be exercised at any time. 1.15 Effect of non-compliance (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. __________________ r. 1.14 -- 13 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 6 ORDER 2—CRIMINAL APPEALS PART 1—PRELIMINARY 2.01 Definitions In this Order, unless the context or subject matter otherwise requires— appeal means appeal under the Act and includes an application for leave to appeal and appellant includes applicant; conviction means conviction for an indictable offence or a relevant summary offence before the Supreme Court or County Court; Crown appeal means an appeal brought by the Director of Public Prosecutions under section 567A of the Act; examiner means a person appointed by the Court of Appeal under section 574(b) of the Act; exhibit includes— (a) all books, papers and documents and all other property connected with the proceedings against any person entitled or authorised to appeal, which were sent to the court of trial upon committal or produced and read in evidence during trial or other proceedings; and (b) any written statement delivered to a trial judge by the said person— but does not include— (c) the original depositions of witnesses examined at a preliminary examination, committal or before a coroner; and r. 2.01 -- 14 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 7 (d) any indictment, presentment or written process against an accused person; and (e) any plea filed in the court of trial; indictment includes presentment; notice means notice required or authorised by the Act or these Rules; recording officer of the court of trial means the officer who has custody of the records of the court of trial; Registrar means the Registrar of Criminal Appeals; respondent means the person who defends an appeal, other than a Crown appeal, or who under section 577 of the Act appears for the Crown in an appeal which is not a Crown appeal; the Act means the Crimes Act 1958. 2.02 Effect of non-compliance Except as provided by this Order, a failure to comply with this Order or with any rule of practice in force under the Act shall not prevent the prosecution of an appeal or application for leave to appeal if the Court considers that, in the interests of justice, the failure should be waived or remedied and the matter proceed. 2.03 Dispensing with compliance The Court of Appeal may dispense with compliance with any of the requirements of this Order, either before or after the occasion for compliance arises. r. 2.02 -- 15 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 8 2.03.1 Single judge A Judge of Appeal may exercise any power of the Court of Appeal under Rules 2.02, 2.03, 2.03.2(4), 2.09(4), 2.09.3(3), 2.10.1, 2.12(2) and 2.13.1(5). 2.03.2 Legal practitioners (1) A legal practitioner who, on behalf of an appellant, files a notice of appeal or a notice of application for leave to appeal under this Order shall state in the notice— (a) that the legal practitioner is acting for the appellant; and (b) the relevant name and address for service. (2) The practitioner shall thereafter be noted in the records of the court as acting for the appellant. (3) Subject to paragraph (4), if a legal practitioner ceases to act for an appellant, the practitioner shall forthwith— (a) file notice of ceasing to act for the appellant; and (b) serve a copy of the notice on the respondent. (4) Unless another legal practitioner has filed a notice that that practitioner is now acting for the appellant, a practitioner may not file notice of ceasing to act without first obtaining the leave of the Registrar or, if leave is refused by the Registrar, the Court of Appeal. 2.03.3 Notices to be signed (1) Subject to paragraphs (2) and (3), a notice given under this Order shall be signed by the appellant or by a legal practitioner on behalf of the appellant. (2) A notice of abandonment shall be signed by the appellant personally. r. 2.03.1 -- 16 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 9 (3) An appellant's signature referred to in paragraph (2) shall be witnessed by another person whose name and address shall be stated clearly and legibly on the notice of abandonment. PART 2—COMMENCEMENT OF APPEALS 2.04 Institution of appeal An appeal to the Court of Appeal against a conviction or sentence shall be commenced by filing with the Registrar— (a) a notice of appeal; or (b) a notice of application for leave to appeal. 2.05 Form of notice A notice shall— (a) be in Form 6–2A, 6–2B, 6–2C or 6–2D (whichever is appropriate); and (b) state briefly the grounds of the appeal or on which it is sought to appeal. 2.06 Application for extension of time If the time for giving notice of appeal or notice of application for leave to appeal has expired, then a notice of application for extension of time in Form 6–2E shall be filed as well as the notice of appeal or notice of application for leave to appeal. 2.07 No notice of appeal when leave to appeal granted If leave to appeal is granted, the notice of application for leave to appeal shall be a sufficient notice of appeal. 2.07.1 Application may be treated as appeal The Court of Appeal may treat the hearing of an application for leave to appeal as the hearing of the appeal. r. 2.04 -- 17 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 10 2.08 Extension of time before Registrar (1) An application for extension of time within which notice of appeal or notice of application for leave to appeal may be given shall be made in the first instance to the Registrar, who shall notify the applicant of the Registrar's decision in writing. (2) If an application under paragraph (1) is refused, the Registrar shall notify the applicant of his or her decision in Form 6–2FA and the applicant may then elect to have the application determined by the Court of Appeal. (3) If in the course of deciding to refuse the application the Registrar has considered an affidavit or other material from the Crown, the Registrar shall provide the applicant with a copy of that affidavit or material when notifying the applicant of the decision. (4) An election under paragraph (2) shall be by notice in Form 6–2FB which the Registrar shall forward to the applicant who must return it to the Registrar within 10 days after receiving it. (5) If notice of election is returned to the Registrar in accordance with paragraph (4), the Registrar shall notify the applicant that the notice has been received and, when appropriate, the day fixed for the hearing by the Court of Appeal. 2.08.1 Election under section 582 (1) If an application made to a Judge of Appeal under section 582 of the Act is refused by the Judge— (a) the Registrar shall notify the applicant of the decision in Form 6–2GA; and (b) the applicant may then elect to have the application determined by the Court of Appeal constituted by three judges. r. 2.08 -- 18 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 11 (2) An election under paragraph (1) shall be by notice in Form 6–2GB (with any necessary modification) which the Registrar shall forward to the applicant who must return it to the Registrar within 10 days after receiving it. (3) If notice of election is returned to the Registrar in accordance with paragraph (2), the Registrar shall notify the applicant in writing that the notice has been received and, when appropriate, the day fixed for the hearing by three judges. (4) If notice of election is not returned to the Registrar in accordance with paragraph (2), the Registrar shall confirm to the applicant in writing that, by order of the Judge of Appeal, the application made under section 582 of the Act was refused and that no notice of election has been received. 2.09 Full statement of grounds (1) This Rule, and Rules 2.09.1, 2.09.2, 2.09.3 and 2.10, apply only in relation to a notice of appeal or notice of application for leave to appeal that is filed on or after 1 July 2004. (2) Subject to Rule 2.10— (a) within two months after filing notice of appeal or notice of application for leave to appeal otherwise than against sentence only; or (b) if notice of application for leave to appeal against sentence only is filed and leave to appeal is granted by a Judge of Appeal under section 582 of the Act, within one month after leave to appeal is granted; or r. 2.09 -- 19 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 12 (c) if, after leave to appeal against sentence is refused by a Judge of Appeal under section 582 of the Act, election is made by the applicant under Rule 2.08.1, within one month after election is made— the appellant shall file and serve a full statement of the grounds on which the appellant relies or intends to rely if leave to appeal is given. (3) If notice of application for leave to appeal against sentence only is filed and the Registrar so directs, paragraph (2) shall fix time as if the notice were a notice of application for leave to appeal against conviction. (4) In the full statement of grounds, the appellant may add to, alter, modify, extend or vary the grounds set out in the notice of appeal or the notice of application for leave to appeal. (5) The full statement of grounds shall set out the grounds relied upon or to be relied upon in precise terms and, once filed, may be amended only with leave of the Court of Appeal. 2.09.1 Outline of submissions (1) This Rule is subject to Rule 2.10. (2) Within one month after filing the full statement of grounds, the appellant shall file and serve an outline of the appellant's submissions to be made upon the hearing. (3) Within one month after the service of the outline of the appellant's submissions, the respondent shall file and serve— (a) an outline of the respondent's submissions to be made upon the hearing; (b) a summary of the proceedings thus far; and (c) a summary of the evidence. r. 2.09.1 -- 20 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 13 (4) If the appellant intends to make any submission in reply to an outline of submissions served by the respondent, the appellant shall within 14 days after such service file and serve an outline of those submissions in reply. (5) At the time of filing and serving an outline of submissions under paragraph (2) or (3), the appellant or respondent, as the case requires, shall file with the Registrar of the Court of Appeal— (a) three copies of a list of authorities, which if reported in an authorised series of law reports, are to be cited by that citation; and (b) three copies of any unreported authorities on which it is proposed to rely. (6) As soon as practicable after filing the documents required under paragraph (5), the party concerned shall provide a copy of those documents to the other party to the application or appeal. 2.09.2 Unrepresented appellant If an appellant is unrepresented— (a) a document may be served by the appellant by delivering to the Registrar at the time of filing an extra copy of the document marked for service upon the respondent; (b) the Registrar may vary, modify or dispense with any of the requirements of Rule 2.09 or 2.09.1 in order to enable the fair and efficient hearing and determination of the proceeding. 2.09.3 Noncompliance with Rule 2.09 or 2.09.1 (1) Subject to Rule 2.09.2 and this Rule, if an appellant— (a) fails to file a statement of grounds within the time fixed by or under Rule 2.09(2); or r. 2.09.2 -- 21 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 14 (b) fails to file an outline of submissions within the time fixed by or under Rule 2.09.1(2)— the appeal or the application for leave to appeal (as the case may be) shall thereupon stand dismissed. (2) When an appeal stands dismissed under paragraph (1) the Registrar shall notify the appellant accordingly. (3) If an appeal stands dismissed under paragraph (1), the Court of Appeal may order that the appeal be reinstated on such terms as it sees fit. (4) An application for reinstatement under paragraph (3) shall be made on notice supported by an affidavit. (5) If an application for reinstatement is refused by a single Judge of Appeal— (a) the Registrar shall notify the appellant of the decision in Form 6–2GA (with any necessary modification); and (b) the appellant may then elect to have the application determined by three judges. (6) Rule 2.08.1 shall apply to an election under paragraph (5) as if the election were under section 582 of the Act. 2.10 Early hearing (1) If the day fixed for the hearing of the appeal or application for leave to appeal is before the expiry of the time fixed by Rule 2.09.1(2) for the filing of the outline of the appellant's submissions— (a) that outline shall be filed and served not less than seven days before the day fixed for the hearing; and (b) Rule 2.09.3 does not apply. r. 2.10 -- 22 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 15 (2) If the day fixed for the hearing of the appeal or application for leave to appeal is before the time fixed by paragraph (3) of Rule 2.09.1 for the filing by the respondent of any document referred to in that paragraph— (a) such document shall be filed and served by the respondent not less than four days before the day fixed for the hearing; (b) any outline of submissions in reply shall be filed and served not less than one day before the day fixed for the hearing; and (c) Rule 2.09.3 does not apply. (3) This Rule does not apply when a day is fixed for the hearing by a single Judge of Appeal of an application for leave to appeal against sentence. 2.10.1 Time (1) If the last day for doing any act under this Order is a day on which the office of the court is closed, the act may be done on the next day the office is open. (2) The Court of Appeal or the Registrar may abridge or extend time under this Part before the time expires. (3) The Court of Appeal may abridge or extend time under this Part after the time has expired. (4) When extending time the Court of Appeal or the Registrar may impose conditions or give directions. 2.11 Amendment of notice of appeal (1) A notice of appeal or a notice of application for leave to appeal may be amended at any time before the commencement of the hearing of the appeal with the leave of the Registrar. r. 2.10.1 -- 23 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 16 (2) A notice of appeal or a notice of application for leave to appeal may be amended at any time with the leave of the Court of Appeal. (3) When giving leave to amend a notice, the Court of Appeal or the Registrar may impose any conditions or directions as the Court or the Registrar thinks fit. (4) This Rule applies only to a notice filed before 1 July 2004. 2.12 Reference on petition of mercy (1) If the Attorney-General refers a case to the Court of Appeal under section 584(a) of the Act, the petitioner whose case is referred shall for the purposes of the Act and this Order be taken to be a person who has obtained leave to appeal from the Court of Appeal. (2) Unless otherwise directed by the Court of Appeal, the petition shall stand in place of a notice of appeal and Rules 2.09 and 2.09.1 shall apply only to the extent, and in the manner, directed by the Court of Appeal. (3) If the Attorney-General refers a point under section 584(b) of the Act, the point may be considered in private. 2.13 Certificate from trial judge (1) If the trial judge considers that a person has a case for an appeal to the Court of Appeal under section 567(b) of the Act, the trial judge may, on application by the person, give a certificate in accordance with Form 6–2J. (2) The intending appellant shall attach the certificate to the notice of appeal and file it with the Registrar. r. 2.12 -- 24 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 17 2.13.1 Crown appeals (1) A notice of appeal by the Director of Public Prosecutions shall set out in full and precise terms the grounds of appeal on which the Director intends to rely upon the hearing of the appeal. (2) Within seven days after serving notice of appeal, the Director of Public Prosecutions shall file a copy of the notice of appeal and an affidavit of service. (3) Within one month after serving notice of appeal, the Director of Public Prosecutions shall file and serve— (a) a summary of the proceedings thus far; (b) a summary of the evidence; (c) a summary of the issues raised by the appeal; and (d) an outline of the Director's submissions to be made upon the appeal. (4) Within one month after service of the documents referred to in paragraph (3), the respondent shall file and serve an outline of the respondent's submissions, if any, to be made upon the appeal. (5) The notice of appeal may be amended only with leave of the Court of Appeal. 2.13.2 Abandonment (1) Subject to paragraph (3), an appeal (including an application for leave to appeal or a Crown appeal) or an application for extension of time may be abandoned at any time before the hearing of an appeal is commenced by filing with the Registrar a notice of abandonment in Form 6–2H. (2) An appeal or application shall be taken to be dismissed on the date the notice of abandonment is filed. r. 2.13.1 -- 25 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 18 (3) Except where the application is to be heard by a single Judge of Appeal under section 582 of the Act, an application for leave to appeal against sentence may not, without the leave of the Court, be abandoned less than three days before the day fixed for the hearing of the application. PART 3—APPEAL WHERE FINE AND IMPRISONMENT IN DEFAULT 2.14 Fine paid to be retained pending appeal (1) If a person has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment, the person authorised to receive the fine shall retain it until determination of any related appeal. (2) A person who has paid a fine in accordance with a sentence shall, if the appeal is successful be entitled, subject to any order of the Court of Appeal, to the return of the fine paid. (3) A person who remains in custody in default of payment of a fine shall be taken to be a person sentenced to imprisonment for the purposes of the Act and this Order. 2.15 Procedure (1) If a person who has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment intends to appeal to the Court of Appeal— (a) on grounds of law alone; or (b) pursuant to a certificate of the trial judge given under section 567(b) of the Act— paragraphs (2) and (3) of this Rule apply. r. 2.14 -- 26 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 19 (2) If this paragraph and paragraph (3) apply— (a) the person convicted and sentenced shall inform the trial judge of the intention to appeal; (b) the trial judge may, if of opinion that it is appropriate, order the intending appellant immediately to enter into a recognizance in Form 6–2K, with or without sureties, to prosecute the appeal; (c) the person convicted and sentenced shall within 14 days after the conviction and sentence file a notice of appeal in accordance with this Order; and (d) the person convicted and sentenced shall, if necessary, file an application for extension of time. (3) If the intending appellant fails to comply with paragraph (2)(c), the Registrar shall report the failure to the Court of Appeal which may, after notice has been given to the intending appellant and any sureties— (a) order forfeiture of the recognizances and payment of the amount of the recognizances to the Registrar immediately; (b) issue a warrant for the arrest of the intending appellant; (c) order the imprisonment of the intending appellant in default of payment of the fine; and (d) make any other order it thinks appropriate. r. 2.15 -- 27 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 20 PART 4—PROCEDURES 2.16 Pre-hearing conference (1) After a full statement of the grounds of appeal has been filed under Rule 2.09 the Registrar may, if of opinion that it is appropriate, conduct a pre- hearing conference. (2) The Registrar may give any directions with respect to the preparation for hearing of the appeal as the Registrar thinks appropriate for the effective, complete and prompt disposal of the appeal. (3) If the appellant is not represented and is in custody, the Registrar may conduct any pre- hearing conference with the parties separately. (4) In relation to a Crown appeal, paragraph (3) shall be read and construed as if the word "appellant" were "respondent". 2.17 Transcript of trial (1) At any time after the filing of a notice of appeal, the Registrar may direct the shorthand writers who made notes of the trial from which the appeal or application is brought or the persons who recorded the trial by mechanical means under the Evidence Act 1958 to provide a transcript of the whole or any part of the notes or recording of the trial in writing or electronic form. (2) The Registrar may direct for the purposes of paragraph (1) that the transcript be made by a competent person or persons other than the person or persons who took the notes or recorded the trial. r. 2.16 -- 28 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 21 (3) Any transcript required by this Rule— (a) may be produced in writing or electronic form as the Registrar considers appropriate in any case and as he or she directs; and (b) shall be certified in accordance with the Evidence Act 1958. (4) If a transcript is not revised by a trial judge within 14 days after the transcript is submitted to the judge for revision, the Registrar may direct that the transcript be provided despite the transcript not being revised. 2.18 Preservation of exhibits (1) The trial judge may make any order or give any direction considered appropriate for the production, custody or disposal of exhibits tendered at the trial and the recording officer of the court of trial shall keep a record of any such order or direction, but if no order is made or direction given— (a) all exhibits tendered on behalf of the prosecution shall be returned to the custody of the prosecution and shall be retained pending any appeal; and (b) any exhibit tendered at a trial otherwise than by the prosecution shall be retained by the Associate to the trial judge for 21 days after which the Associate shall return that exhibit to the person who produced it. (2) If the Registrar gives the prosecution a direction to produce an exhibit, the prosecutor shall produce the exhibit as directed. (3) If within 21 days the Registrar gives an Associate a direction to produce an exhibit, the Associate shall produce the exhibit as directed. r. 2.18 -- 29 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 22 2.19 Copies of transcript, exhibits etc. At any time after the pre-hearing conference, the appellant or the respondent or his or her solicitor or representative— (a) may obtain from the Registrar a copy of the transcript of the trial, in writing or electronic form, as the case requires, that the Registrar has directed to be provided under Rule 2.17(1); (b) may obtain from the Registrar a copy of any document which was an exhibit at the trial; and (c) may inspect by arrangement with the Registrar any exhibit which cannot be copied. 2.20 Return of exhibits after hearing (1) When an appeal is finally determined, the Court of Appeal may make orders as to the return of exhibits as it thinks appropriate. (2) If no order is made, each exhibit shall be returned to the person who tendered it unless— (a) it is a document of a kind kept by the recording officer of the court of trial; or (b) it is an exhibit to which section 570 of the Act applies. (3) The Registrar shall return to the recording officer of the court of trial when an appeal is finally determined any original depositions, exhibits, presentment, indictment, inquisition, plea or other document forming part of the record of the court of trial which was given to the Registrar for the purposes of the appeal. r. 2.19 -- 30 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 23 2.21 Entitlement to hearing when restitution order made If an order for restitution of property was made at a trial— (a) a person against whom the order was made; (b) a person in whose favour the order was made; and (c) with the leave of the Court of Appeal, any other person— may be heard by the Court of Appeal at the hearing of an appeal before any order under section 570(2) of the Act is made. 2.22 Property subject to restitution order In directing the suspension or non-suspension of the operation of an order for the restitution of property, the trial judge may, if of opinion that the special circumstances of the case warrant it, give any direction considered proper to secure the production of property at an appeal or to ensure its proper custody until the determination of an appeal. 2.23 Custody of property of convicted person If the trial judge makes an order referred to in section 570 of the Act in respect of a convicted person, the judge shall give directions as to the custody, for the appeal period, of any money or other valuable property belonging to the convicted person which— (a) was taken from the convicted person when arrested; or (b) is in the possession of the prosecution at the date of conviction or the date of application for leave to appeal. r. 2.21 -- 31 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 24 2.24 Security may be ordered (1) If the trial judge makes an order for the payment of money, the trial judge may direct that the order take effect immediately unless security is given to the satisfaction of the person in whose favour the order is made. (2) A direction under paragraph (1) may be given notwithstanding that the order would otherwise be suspended under section 570 of the Act or Rule 2.22. 2.25 Stay of destruction, forfeiture order The destruction or forfeiture, or any order for the destruction or forfeiture, of any property connected with a prosecution shall be suspended until the expiration of the appeal period. 2.26 Certificate of conviction (1) The recording officer of a court of trial may not issue a certificate of conviction until— (a) 21 days after the date of conviction; or (b) if the recording officer receives notice from the Registrar that a notice of appeal or of application for leave to appeal has been filed, the determination of the appeal or dismissal of the application. (2) A person who seeks a certificate of conviction may obtain a certificate from the Registrar stating that no appeal or application for leave to appeal is pending. (3) A certificate under paragraph (2) may not be given until 21 days after the date of conviction. r. 2.24 -- 32 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 25 2.27 Report from trial judge (1) The Registrar may, and if directed by the Court to do so, shall request a trial judge to provide a written report giving the trial judge's opinion generally or on a particular point arising in the appellant's case. (2) The trial judge shall comply with the request under paragraph (1) promptly. (3) The Court of Appeal may determine an appeal without a report from the trial judge if it thinks it is appropriate to do so. (4) When requesting a trial judge to provide a report, the Registrar shall send the trial judge— (a) a copy of the notice of appeal or of application for leave to appeal; (b) any other document the Registrar thinks material; and (c) any other document the Court of Appeal decides be sent to the trial judge or that the trial judge requests. 2.28 Original depositions, exhibits etc. The Registrar may require the recording officer of the court of trial to provide to the Registrar— (a) the original depositions of witnesses examined before the committing magistrate or coroner; (b) any exhibit retained by a court; (c) the presentment or other written process against the appellant; (d) an abstract or copy of the whole or part of the presentment or inquisition; (e) any plea filed in the court of trial. r. 2.27 -- 33 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 26 2.28.1 Attendance of appellant (1) The appellant is entitled to be present on the hearing of an appeal or an application to the Court of Appeal unless the Court of Appeal or a Judge of Appeal directs otherwise. (2) If the appellant does not attend court on the hearing, the appeal or the application may be heard and determined in the appellant's absence. (3) If the appellant so elects, he or she may attend before the Court by audio visual link, if it is practicable to do so. 2.28.2 Written case and argument (1) The appellant may, if desired, present the case and argument in writing instead of by oral argument. (2) Any case or argument in writing shall be delivered by the appellant to the Registrar as soon as practicable but not less than 7 days before the hearing of the appeal. 2.28.3 Crown appeals In relation to a Crown appeal, Rules 2.28.1 and 2.28.2 shall be read and construed as if the word "appellant" were "respondent". PART 5—MISCELLANEOUS 2.29 Bail (1) If the Court of Appeal grants an appellant bail pending the determination of an appeal, the Court may make such orders in relation to bail as it sees fit. (2) An appellant who is on bail shall, when the appeal is called on before the Court of Appeal, place himself or herself in the custody of such persons as the Court directs. r. 2.28.1 -- 34 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 27 (3) Two Judges of Appeal may exercise the jurisdiction of the Court of Appeal to grant bail. 2.30 Registrar to notify determination (1) When an appeal or any matter under section 582 of the Act is determined, the Registrar shall give notice in Form 6–2L to— (a) the appellant; (b) the Director of Public Prosecutions for Victoria or the Director of Public Prosecutions of the Commonwealth (as the case may be); (c) the governor of the prison in which the appellant is imprisoned; and (d) the Secretary to the Department of Justice. (2) The Registrar shall also notify the officer of the court of trial of the decision of the Court of Appeal and any additional orders or directions made or given by the Court of Appeal in relation to the appeal. 2.31 Witnesses before Court of Appeal (1) If the Court of Appeal orders any witness to attend and be examined before the Court under section 574(b) of the Act, the order— (a) shall specify the time and place when the witness is to attend; and (b) shall be served on the witness. (2) If an appellant is not legally represented and seeks an order under section 574(b) the appellant shall file an application in Form 6–2M with the Registrar. (3) The Registrar shall send a copy of an application under paragraph (2) to the solicitor for the respondent. r. 2.30 -- 35 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 28 (4) The oath to be administered to any witness whose evidence is to be tendered under section 574(b) of the Act shall, unless the Court otherwise permits or directs, be the voir dire oath. 2.32 Examination other than by court (1) If the Court of Appeal orders the examination of a witness to be conducted otherwise than by the Court, the order shall specify the person appointed as examiner and the witnesses to be examined. (2) The Registrar shall give the examiner any documents, exhibits and other material relating to the appeal which the examiner requests. (3) The examiner shall appoint the day, time and place for the examination and shall request the Registrar to give notice in Form 6–2N to— (a) the appellant; (b) the respondent; (c) their solicitors; and (d) if the appellant is in custody, the governor of the prison. (4) Every notice sent by the Registrar under paragraph (3) shall be taken to be an order of the Court. (5) The examiner shall administer the oath before taking evidence from any witness except where the witness would not need to be sworn if giving evidence on a trial on indictment. (6) Unless the Court otherwise orders, any examination under this Rule shall be in private and depositions shall be taken. (7) After an examination is completed the examiner shall send or cause to be sent to the Registrar the depositions and all documents, exhibits and other material provided by the Registrar. r. 2.32 -- 36 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 29 (8) The appellant and respondent and their legal representatives shall be entitled to be present and to take part in the examination. (9) A police officer, if of opinion that it is necessary, may pay travelling expenses to a witness upon whom the police officer serves an order to appear before the Court of Appeal or a notice to attend before an examiner. (10) Travelling expenses paid by a police officer shall be certified by the officer to the Registrar who shall certify the sum paid as part of the expenses of the prosecution. (11) Any order or notice required by this Rule to be served shall be served personally unless the Court otherwise orders. 2.33 Special commissioners (1) An order under section 574(d) of the Act shall specify the person who is to be the special commissioner and the question referred to the special commissioner and may— (a) specify whether the appellant or the respondent or their legal representatives is or are to be entitled to be present during all or part of the examination or investigation; (b) specify which powers (if any) of the Court of Appeal may be exercised by the special commissioner; (c) require the special commissioner to make interim reports upon the matter referred by the Court of Appeal; (d) give the appellant, if imprisoned, leave to be present during the whole or any part of the examination or investigation and give the necessary directions to the governor of the prison; and r. 2.33 -- 37 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 30 (e) direct the Registrar to give copies of the special commissioner's report to the appellant and the respondent or to their legal representatives. (2) Where an order under section 574 does not give directions as to any of the matters referred to in paragraph (1), the Court of Appeal may from time to time give directions in relation to any such matters as it thinks fit. 2.34 Transfer of prisoners The Secretary to the Department of Justice shall arrange to transfer an appellant who is a prisoner to a prison near the Court of Appeal in sufficient time before the hearing commences to enable the appellant to consult legal advisers. 2.35 Duties of prison officers (1) A prison officer who has custody of a person at the time the person is convicted on indictment shall immediately inform the person convicted that— (a) the person has the right to appeal against conviction to the Court of Appeal on any ground of appeal which involves a question of law alone; (b) if the person wishes to appeal against conviction on any other ground, the person may do so with the leave of the Court of Appeal or with the certificate of the trial judge; (c) if the person wishes to appeal or to obtain leave of the Court of Appeal, the person must give notice of appeal or notice of application for leave not later than 14 days after conviction and sentence; r. 2.34 -- 38 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 31 (d) if the person wishes to obtain the certificate of the trial judge, it must be obtained and notice of the application given not later than 14 days after conviction and sentence; and (e) if the person wishes to appeal against the sentence, the person may do so with the leave of the Court of Appeal and must give notice of the application not later than 14 days after conviction and sentence. (2) The prison officer shall— (a) inform the convicted person that, unless it is otherwise ordered, the person is entitled to be present at the hearing of the appeal or application for leave to appeal or, if it is practicable to do so, to attend by audio visual link; (b) give the convicted person a copy of Form 6–2P; and (c) obtain from the convicted person a written acknowledgment that the person has received a copy of Form 6–2P and has read and understood it. (3) If a convicted person expresses a wish to be present in court at the hearing of an appeal or application or to attend by audio visual link, the prison officer who has the custody of the person shall inform the Registrar, who shall obtain the necessary order or make the necessary arrangements, as the case may be. r. 2.35 -- 39 of 197 -- Order 2—Criminal Appeals Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 32 (4) A prison officer who has custody of a convicted person shall give that person upon request the appropriate forms under these Rules and shall also inform the person that if desired he or she may present the case and argument in writing instead of orally. __________________ r. 2.35 -- 40 of 197 -- Order 3—Prison Sentences (County Court Appeals) Appeals Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 33 ORDER 3—PRISON SENTENCES (COUNTY COURT APPEALS) APPEALS RULES 3.01 Definition In this Order, the Act means the Magistrates' Court Act 1989. 3.02 Notice of intention to apply for leave (1) A notice in writing of intention to make application for leave to appeal to the Court of Appeal under section 91(2) of the Act shall be in Form 6–3A. (2) The notice shall state specifically and concisely the grounds on which it is sought to appeal and shall be signed by the applicant. 3.03 No notice of appeal when leave is granted If the Court of Appeal gives leave to appeal, the notice of intention to make application for leave to appeal shall be a sufficient notice of appeal. 3.04 Service of notice Service of a notice of intention to make application for leave to appeal may be effected by sending the notice by registered post to any person intended to be served at the last known address of that person. 3.05 Procedure on hearing (1) Upon the hearing of an application for leave to appeal under section 91(2) of the Act— (a) the applicant shall be entitled to be present and to be represented by counsel; (b) the informant shall be entitled to be present and to be represented by counsel; (c) with the leave of the Court the applicant or the informant may adduce evidence; and r. 3.01 -- 41 of 197 -- Order 3—Prison Sentences (County Court Appeals) Appeals Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 34 (d) the Court may order the production of any document, exhibit or other thing which appears necessary for the determination of the application. (2) Paragraph (1) of this Rule applies with any necessary modification to the hearing of an appeal. 3.06 Application may be treated as appeal If an application for leave to appeal is made to the Court of Appeal, the Court of Appeal may treat the hearing of the application as the hearing of the appeal. 3.07 Obligation of prison officers If the County Court under section 86 of the Act substitutes a sentence of imprisonment for any other sentence imposed by the Magistrates' Court, the prison officer who first has custody of the person sentenced shall— (a) immediately inform that person of the right to apply for leave to appeal under section 91(2) of the Act; (b) give to that person a copy of Forms 6–3A and 6–3B; and (c) obtain from that person a written acknowledgment that the person has received the forms and has read and understood them. __________________ r. 3.06 -- 42 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 35 ORDER 4—PRE-TRIAL CRIMINAL PROCEDURE RULES 4.01 Definitions In this Order, unless the context or subject matter otherwise requires— accused person means a person— (a) who has been committed or remanded to the Supreme Court for trial or directed to be tried at the Supreme Court; or (b) in respect of whom— (i) a presentment has been made at the Supreme Court; or (ii) an indictment has been filed at the Supreme Court; or (c) upon whom a Notice of Trial at the Supreme Court has been served; accused's solicitor or solicitor means the solicitor who acts for the accused person and where an officer of Victoria Legal Aid so acts, includes such officer; CTLD means the Criminal Trial Listing Directorate; DPP means the Director of Public Prosecutions for Victoria or the Director of Public Prosecutions for the Commonwealth; person includes the CTLD, the DPP and an officer of Victoria Legal Aid; presentment includes indictment. r. 4.01 -- 43 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 36 4.02 Notice by solicitor to DPP and CTLD (1) A solicitor who commences to act for an accused person must as soon as possible after commencing so to act serve a notice in Form 6–4A that the solicitor acts for the accused person upon— (a) the DPP; and (b) the CTLD. (2) Subject to paragraph (3), a solicitor who ceases to act for an accused person must, as soon as possible after so ceasing to act— (a) serve a notice in writing in Form 6–4B that the solicitor has ceased so to act upon— (i) the DPP; (ii) the CTLD; and (iii) the accused person; (b) return to the CTLD the copy of the depositions and all other material provided by the CTLD in relation to the matter; and (c) return to the DPP all materials provided by the DPP in relation to the matter. (3) Where paragraph (2) applies to an officer of Victoria Legal Aid, the notice shall not be served and the materials shall not be returned until the expiration of the time for appeal against the decision to terminate legal assistance or the resolution of any such appeal (whichever last occurs) but must be respectively served and returned as soon as possible thereafter unless the decision to terminate legal assistance has been reversed. r. 4.02 -- 44 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 37 4.03 Copy presentment to be served (1) Before presentment is made at the Supreme Court, the DPP shall lodge the presentment by delivering it to the Associate to the Judge before whom presentment is to be made. (2) The Associate to the Judge before whom presentment has been made shall deliver the presentment to the Prothonotary. (3) For the purposes of these Rules a presentment is taken to be filed upon presentment being made. (4) The DPP must, as soon as practicable after a presentment is filed— (a) serve or cause to be served a copy of the presentment on the accused person; and (b) forward a copy of the presentment to the CTLD. (5) Service under paragraph (4)(a) must be by registered post or by personal service unless the accused person is represented by a solicitor. (6) When serving an accused person the DPP must also serve or cause to be served on the accused person a notice in writing in Form 6–4D unless the DPP has notice that a legal practitioner is acting on behalf of the accused person. 4.04 Service by post (1) Except as otherwise provided in this Order, a document required or authorised to be served may be served by post. (2) If this Order requires or authorises service by post, the envelope containing the document must be addressed to the person to be served at the last known address of that person. r. 4.03 -- 45 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 38 4.05 Notice by solicitor to Prothonotary (1) A solicitor who acts for an accused person must file with the Prothonotary a notice in writing in Form 6–4A that the solicitor so acts— (a) if the solicitor has commenced so to act before service of a copy of the presentment, within 14 days after service of the copy presentment; or (b) if the solicitor commences so to act after service of a copy of the presentment, as soon as possible after commencing so to act. (2) A solicitor who having filed a notice under paragraph (1) ceases to act for an accused person, must as soon as possible after so ceasing to act file with the Prothonotary a notice in writing in Form 6–4B. 4.06 Unrepresented accused person (1) Within 28 days of the receipt of a copy of a presentment the CTLD must, unless notified that a legal practitioner is acting for an accused person— (a) if the accused person is on bail, contact the accused person requesting attendance at the office of the CTLD at a time fixed by the CTLD to determine what steps the accused person has taken to obtain legal representation for the trial and at the time of making such request the CTLD must inform the accused person that, if there is no attendance as requested, the Court will require the accused person to attend the Court for the same purpose; and r. 4.05 -- 46 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 39 (b) if the accused person is in custody, attend personally or by a representative on the accused person at the place where the accused person is held to determine what steps the accused person has taken to obtain legal representation for the trial. (2) The CTLD must report to the Chief Justice any uncertainty as to the legal representation of an accused person in order to enable the Chief Justice to give directions to the CTLD as to what steps are to be taken to resolve any such uncertainty. 4.07 Questionnaire (1) The CTLD must serve on an accused's solicitor a questionnaire in Form 6–4E at such time as the CTLD may consider appropriate. (2) The accused's solicitor must, within 14 days of receiving the questionnaire, serve on the CTLD adequate answers in writing to the questions in the questionnaire. 4.08 Costs liability (1) In this Rule costs thrown away means such amount as the Judge who hears any application or before whom a case is listed for trial determines (upon such information, evidence or material as that Judge may consider appropriate) to be in all the circumstances a reasonable quantification of the costs and expenses (including witness expenses and counsel's fees) incurred by the person in whose favour an order may be made under this Rule and thrown away as a result of the relevant failure. r. 4.07 -- 47 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 40 (2) If a solicitor fails to comply with Rule 4.02, 4.05 or 4.07(2) and if the Court is satisfied that such a failure is not excusable, the Court may order that the solicitor pay to the DPP or to any co-accused person any costs thrown away as a result of the failure. (3) A solicitor who has informed the CTLD that the solicitor will act for an accused person at the accused person's trial and at the trial fails to do so, if the Court is satisfied that such failure was not excusable, may be ordered to pay to the DPP or any co-accused person any costs thrown away as a result of the failure. 4.09 Case conference (1) In this Rule Listed Date means the date which has been fixed by the CTLD as the date on which the trial is to be listed for hearing or, where the CTLD has fixed a period of time for that purpose, the first day of that period. (2) The CTLD may, before giving notice of the Listed Date or not less than 21 days before the Listed Date, conduct a case conference. (3) Not less than 7 days before the date proposed for a case conference, written notice of the case conference must be given to— (a) the DPP; (b) the accused person (if unrepresented); and (c) the accused's solicitor (if any). (4) At a case conference— (a) in order to facilitate an efficient trial, the CTLD may inquire into any of the matters listed in the Schedule to this Order; r. 4.09 -- 48 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 41 (b) the DPP and the accused person or the accused's solicitor must be prepared to answer questions or provide information to the CTLD on the matters listed in the Schedule; (c) the DPP must, subject only to any substantial consideration of the personal safety of witnesses— (i) give notice of the name of any witness who may be called as a Crown witness upon the trial and whose name does not appear upon the presentment as a witness or as an additional witness; (ii) give notice of the substance of the evidence proposed to be adduced from each such witness (whether by way of provision of a copy of a statement made by the witness or otherwise); (iii) provide to the CTLD such information as the CTLD may reasonably require as to the availability of each Crown witness; and (iv) notify the CTLD and the accused person of the name of any potential Crown witness whose deposition the Crown proposes to apply to tender in evidence and the grounds of any such proposed application; and (d) the accused person or the accused's solicitor must be prepared to certify that the accused person is ready to proceed on the Listed Date (if any). r. 4.09 -- 49 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 42 (5) Nothing said by or on behalf of an accused person at a case conference, and no failure by an accused person to answer a question at a case conference, shall be used in any subsequent trial or made the subject of any comment at that trial. (6) Nothing in paragraph (5) of this Rule shall preclude an accused person from relying on an indication of an intention to plead guilty given at a case conference. __________________ r. 4.09 -- 50 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 43 SCHEDULE Rule 4.09 1. Are further particulars of the presentment likely to be sought by the accused? 2. Is there to be any application to sever the presentment and if so, what is the application likely to be? 3. Is there to be an application for a separate trial by any and which accused? 4. Does the accused presently intend to plead Guilty or Not Guilty to any and which count(s) in the presentment? 5. Is there any possibility of a change of plea? 6. (a) Has there been a conference between counsel for the Director of Public Prosecutions and counsel for the accused? (b) If not, is such a conference proposed? 7. Does the prosecution propose to call any additional evidence? 8. Has the prosecution notified the accused and/or his or her representatives of any additional evidence and if it intends to do so when is it proposed to furnish a proof of evidence? 9. What is the probable length of trial? (a) prosecution estimate; (b) accused estimate. 10. Is any point of law or of admissibility of evidence likely to be raised before a jury is empanelled? If yes, what are those matters and of what duration are the matters to be raised likely to take? 11. Does the accused or the prosecution intend to raise a special issue? e.g. unfitness to plead; change of venue; insanity. r. 4.09 -- 51 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 44 12. Does the accused or the prosecution intend to raise a special plea? e.g. lack of jurisdiction; autrefois convict; autrefois acquit etc. 13. Does the accused intend to rely upon an alibi not yet disclosed in conformity with the Crimes Act 1958? 14. Do the parties anticipate any problems as to the availability of witnesses? If yes, give details. 15. (a) What admissions of fact are sought by the prosecution? (b) Is the accused prepared to make the admissions sought or any of them? (c) What admissions of fact are sought by the accused? (d) Is the prosecution prepared to make the admissions sought or any of them? 16. Does any difficulty arise about photographs or plans and formal proof of them? 17. Is any order sought for the inspection of prosecution exhibits or other evidentiary material in the possession of the prosecution as to which a question may arise in the course of the trial? 18. Is any order sought for the preservation or detention of any document or thing relating to the trial? 19. Is any order sought for the production before the Court of any document, tape recording or thing relating to the trial? 20. Does any party propose to deliver to the other party a notice to admit in respect of anything not covered by question No. 15? 21. What arrangements have been made for counsel to hear any tape recordings in the custody of the prosecution and to be provided with any transcript thereof? 22. Does any party intend to apply for a view, and if so where and at what stage of the trial? r. 4.09 -- 52 of 197 -- Order 4—Pre-Trial Criminal Procedure Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 45 23. Is there agreement as to copy exhibits to be supplied to the jury? 24. Will an interpreter be required during the trial? 25. Are there any other significant matters which might affect the proper and convenient trial of the issues? __________________ r. 4.09 -- 53 of 197 -- Order 5—Payment of Fines Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 46 ORDER 5—PAYMENT OF FINES RULES 5.01 Definitions In this Order— offender means a person on whom the Court has imposed a fine; person in default means a person 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 Act; the Act means the Sentencing Act 1991. 5.02 Proper officer For the purposes of Division 4 of Part 3 of the Act, the proper officer of the Court is the Registrar of Criminal Appeals or another Master. 5.03 Application (1) An application under section 55 of the Act by an offender shall be in Form 6–5A. (2) The applicant shall give reasonable notice of the application to the Director of Public Prosecutions. 5.04 Application operates as stay Unless otherwise ordered by a Judge, an application under section 55 of the Act operates as a stay of enforcement or execution of the order requiring the fine to be paid from the time it is filed until it is determined. 5.05 Consideration of application In considering an application the proper officer may— (a) question the offender about his or her financial circumstances; and r. 5.01 -- 54 of 197 -- Order 5—Payment of Fines Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 47 (b) require the offender to make an affidavit or produce any document concerning his or her financial circumstances that is reasonably accessible to the offender. 5.06 Service of copy order The proper officer shall cause a copy of the order to be delivered to the applicant personally or sent by post. 5.07 Enforcement of fines against a natural person (1) A statement in writing under section 62(8) of the Act shall be in Form 6–5B. (2) A consent under section 62(7)(b) of the Act shall be in Form 6–5C. (3) An order under section 62(9) of the Act shall be in Form 6–5D. (4) A summons under section 64(1) of the Act shall be in Form 6–5E. (5) If a person in default— (a) has been taken into custody in accordance with a warrant to arrest issued under section 64 of the Act; and (b) the outstanding amount of the fine specified in the warrant is paid— the person in default may be released from custody without being taken before the Court. 5.08 Enforcement of fine against body corporate A statement in writing under section 66(3) of the Act shall be in Form 6–5F. __________________ r. 5.06 -- 55 of 197 -- Order 6—Confiscation of Property and Proceeds of Crime Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 48 ORDER 6—CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME 6.01 Definitions In this Order— the Act means the Confiscation Act 1997; the Commonwealth Act means the Proceeds of Crime Act 2002 of the Commonwealth. 6.02 Application of this Order (1) This Order applies to a proceeding in the Court under the Confiscation Act 1997. (2) This Order applies, with any necessary modification, to a proceeding under the Commonwealth Act. (3) Unless a Judge orders or directs otherwise, or the Act, the Commonwealth Act or the Rules otherwise provide, Rules 6.03 to 6.12 apply, with any necessary modification, in relation to— (a) an application to the Court under Part 2, 3, 4, 5, 6, 8 or 13 of the Act (as the case requires); (b) an application to the Court under the Commonwealth Act. (4) Order 6 of the Criminal Appeals and Procedures Rules 1998 as in force immediately before the commencement of the Supreme Court (Chapter VI Amendment No. 1) Rules 1999 continues to apply to proceedings under the Crimes (Confiscation of Profits) Act 1986. r. 6.01 -- 56 of 197 -- Order 6—Confiscation of Property and Proceeds of Crime Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 49 (5) Order 8, as in force immediately before the commencement of the Supreme Court (Chapter VI Amendment No. 7) Rules 2005, continues to apply to any application or proceeding under the Proceeds of Crime Act 1987 of the Commonwealth— (a) made or commenced before the commencement of the Commonwealth Act; or (b) continued pursuant to the Commonwealth Act or the Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 of the Commonwealth. 6.03 Making of application to the Court (1) If, under the Act, notice of an application is required to be given, the application is taken to be made when the notice of application is filed. (2) An application under the Commonwealth Act is taken to have been made when it is filed. 6.04 Notice and service generally (1) If notice is required by or under the Act or this Order to be given to any person, it shall be in writing and served on that person in accordance with section 137 of the Act. (2) If notice is required by or under the Commonwealth Act to be given it shall be in writing. (3) A copy of an application, a copy of an affidavit and a notice given in a proceeding under the Commonwealth Act shall be served personally or in such other manner as the Court directs. r. 6.03 -- 57 of 197 -- Order 6—Confiscation of Property and Proceeds of Crime Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 50 6.05 Applications for restraining orders and monitoring orders (1) An application for a restraining order under the Act or the Commonwealth Act shall be in Form 6–6A with any necessary modification supported by an affidavit. (2) An application for a monitoring order under the Act or the Commonwealth Act may be in Form 6–6O with any necessary modification. 6.06 Application without notice under the Act (1) An application to the Court under the Act which is made without notice to any other person shall be in writing. (2) Any application to the Court under the Act which is made without notice and for which a form is not prescribed in this Order may be in Form 6–6A with any necessary modification. (3) If under section 17(1) of the Act the Court requires notice to be given that the application has been made, the notice shall be in Form 6–6B. 6.07 Other applications generally under Commonwealth Act An application to the Court under the Commonwealth Act for which a form is not prescribed in this Order may be in Form 6–6A with any necessary modification. 6.08 Notice of application (1) Notice of an application to be made— (a) under section 20 of the Act for an exclusion order shall be in Form 6–6C; (b) under section 26 of the Act for further orders in relation to a restraining order shall be in Form 6–6D; r. 6.05 -- 58 of 197 -- Order 6—Confiscation of Property and Proceeds of Crime Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 51 (c) under section 32 of the Act for a forfeiture order shall be in Form 6–6E; (d) under section 37 of the Act for a civil forfeiture order shall be in Form 6–6F; (e) under section 45 of the Act for relief from hardship shall be in Form 6–6G; (f) under section 49, 51 or 53 of the Act for an exclusion order shall be in Form 6–6H; (g) under section 58 of the Act for a pecuniary penalty order shall be in Form 6–6J; (h) under section 63 of the Act for a pecuniary penalty order shall be in Form 6–6K. (2) Notice of any other application to be made to the Court for an order or declaration may be in Form 6–6L with any necessary modification. (3) Notice of an application to be made shall be given not less than five days before the day named in the notice for the hearing of the application. 6.09 Filing and directions (1) In a proceeding to which this Order applies— (a) in the case of a proceeding under the Act— (i) an application made without notice; (ii) a notice of an application or any other notice given; (iii) an affidavit to be relied on; (iv) an order made; and (b) in the case of a proceeding under the Commonwealth Act— (i) an application; (ii) an affidavit; and r. 6.09 -- 59 of 197 -- Order 6—Confiscation of Property and Proceeds of Crime Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 52 (iii) a copy of a notice given— shall be filed in the Court, unless the Court otherwise orders. (2) At the time when an application or notice of an application is filed, the Prothonotary shall insert the time and place at which the application is to be heard and such time and place shall be included in any copy which is served. (3) After an application or notice of an application has been filed, a Judge may give directions for the hearing of the application, including directions for the production to the Court of any transcript of proceedings relating to a conviction relied upon in the application. 6.10 Notice of opposition to an application (1) A person who intends to oppose an application for an order or declaration under the Act or the Commonwealth Act shall give notice to the applicant of the grounds on which the application will be opposed. (2) A notice under paragraph (1)— (a) shall be in Form 6–6LA; and (b) shall be served on the applicant not later than two days before the date fixed for the hearing of the application. 6.11 Evidence (1) Evidence in support of an application for a restraining order under the Act shall be by affidavit, unless the application is brought on for hearing during or at the conclusion of the trial of the defendant. (2) Evidence in support of an application for a restraining order under the Commonwealth Act shall be by affidavit. r. 6.10 -- 60 of 197 -- Order 6—Confiscation of Property and Proceeds of Crime Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 53 (3) Evidence in support of an application for an exclusion order under the Act or the Commonwealth Act shall be by affidavit. (4) Subject to paragraphs (1), (2) and (3), evidence on the hearing of an application under the Act or the Commonwealth Act may be by affidavit and shall be by affidavit if the Court so directs. (5) A copy of an affidavit on which the applicant intends to rely shall be served on any person to whom notice of the application has been given. (6) A copy of an affidavit on which a person other than the applicant intends to rely shall be served on the applicant and any other person, if known, to whom notice of the application has been given. 6.12 Notice of order or declaration (1) Subject to paragraph (2) and Rule 6.13, where notice is required to be given to any person of an order made by the Court under the Act or the Commonwealth Act, notice shall be given— (a) by serving a copy of the order on that person; and (b) in the case of notice of an order under the Act, in accordance with section 137 of the Act. (2) In the case of a restraining order made under Part 2 of the Act for the purpose of automatic forfeiture, a copy of the order shall be accompanied by a notice in Form 6–6M. (3) If a restraining order, forfeiture order or order for civil forfeiture under the Act is made by the Court upon the application of any person, notice of the order shall be given by the applicant to— (a) each person who the applicant has reason to believe has an interest in any of the property which is subject to the order, unless that r. 6.12 -- 61 of 197 -- Order 6—Confiscation of Property and Proceeds of Crime Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 54 person was present when the order was made or was given notice of the making of the application for the order; and (b) such other person as the Court directs. (4) If a declaration is made by the Court— (a) under section 35(3) of the Act, of the date on which a person (in respect of whom a restraining order has been made) is deemed to have been convicted of a Schedule 2 offence; or (b) under section 36 of the Act, that property has been forfeited— notice of the order containing the declaration shall be given by the applicant to— (c) each person who the applicant has reason to believe had an interest in any of the property which is forfeited immediately before the property was forfeited, unless that person was present when the declaration was made or was given notice of the application for the declaration; and (d) such other person as the Court directs. 6.13 Notice of discharge (1) Notice under section 46(2), 47(2) or 48(2) of the Act of discharge of a forfeiture order, automatic forfeiture or a civil forfeiture order, as the case may be, shall be in Form 6–6N. (2) If a pecuniary penalty order registered under the Service and Execution of Process Act 1992 of the Commonwealth is discharged, notice of discharge shall be given by the person who procured the registration of the order. r. 6.13 -- 62 of 197 -- Order 6—Confiscation of Property and Proceeds of Crime Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 55 (3) Notice of discharge under paragraph (2) shall be given by sending a sealed copy of the order of discharge to the Prothonotary, Registrar or other proper officer of the court in which the order was registered. 6.14 Interstate order (1) For the purposes of section 125(4) of the Act, registration of an interstate order shall be effected by filing a sealed copy of the order in the Court. (2) For the purposes of section 125(5) of the Act, a facsimile copy of an interstate order or of any amendments to an interstate order shall be taken to be certified if it contains— (a) a facsimile copy of the seal of the court which made the order; or (b) a facsimile copy of a statement purporting to be signed by the Prothonotary, Registrar or other proper officer to the effect that the copy is a true copy of the order of the court. 6.15 Examination under section 98(2) of the Act If an order is made under section 98(2) of the Act for the examination of a person before the Court, the examination may be before a Master. __________________ r. 6.14 -- 63 of 197 -- Order 7—Surveillance Devices Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 56 ORDER 7—SURVEILLANCE DEVICES RULES 7.01 Definition In this Order, the Act means the Surveillance Devices Act 1999. 7.02 Application of Order This Order applies to all proceedings in the Court under the Act. 7.03 Forms of application (1) An application under section 15(1) of the Act for the issue of a surveillance device warrant may be in Form 6–7A. (2) An application under section 20C of the Act for the issue of a retrieval warrant may be in Form 6–7B. (3) An application under section 21(1) of the Act for an assistance order may be in Form 6–7C. 7.04 Filing and service of documents Unless the Court otherwise orders, an application and any affidavit in support shall— (a) be filed before the application is made with the Associate to the Judge from whom the warrant or order is sought; and (b) not be available for inspection by any person. 7.05 Form of surveillance device warrants A surveillance device warrant may be in Form 6–7D. 7.06 Form of retrieval warrant A retrieval warrant may be in Form 6–7E. r. 7.01 -- 64 of 197 -- Order 7—Surveillance Devices Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 57 7.07 Assistance orders (1) An assistance order under section 22 of the Act may be in Form 6–7F. (2) Before obtaining assistance under an assistance order, the person who obtained the order shall ensure that a copy of the order has been given to the person against whom the order was made. (3) The endorsement of the order on the warrant may be in Form 6–7G. 7.08 Reports under section 30K (1) A person who is required to furnish a report under section 30K of the Act shall file the report with the Associate to the Judge. (2) A copy of the warrant to which the report relates shall be filed with the report. (3) Subject to any direction of the Judge, the Associate shall— (a) place the report, together with the copy of the warrant, in an envelope; (b) write on the envelope— (i) the number of the warrant to which the report relates; (ii) the name of the Judge who issued the warrant; (iii) the section of the Act under which the report is furnished; and (iv) the date the report was filed; (c) seal the envelope in a way that prevents the envelope from being opened again without detection; r. 7.07 -- 65 of 197 -- Order 7—Surveillance Devices Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 58 (d) write or stamp "Not to be opened except by order of a Judge" on the front and back of the envelope; and (e) deliver the envelope to the Prothonotary who shall ensure that it is stored securely and that the contents are not seen by any person except on the order of a Judge. * * * * * Note There is currently no Order 8 in these Rules. __________________ r. 7.07 -- 66 of 197 -- Order 9—Witness Protection Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 59 ORDER 9—WITNESS PROTECTION RULES 9.01 Definition In this Order, the Act means the Witness Protection Act 1991. 9.02 Application of Order This Order applies to all proceedings in the Court under the Act. 9.03 Application An application under section 6 of the Act shall be— (a) in Form 6–9A, with any necessary modification; and (b) accompanied by an affidavit or affidavits in support of the application. 9.04 Filing and service of documents An application and any affidavits in support shall, unless the Court otherwise orders— (a) be filed before the application is made with the Associate to the Judge to whom the application is to be made; and (b) not be available for inspection by any person. __________________ r. 9.01 -- 67 of 197 -- Order 10—Applications Under Part IIA of the Evidence Act 1958 Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 60 ORDER 10—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 10.01 Definition In this Order, the Act means the Evidence Act 1958. 10.02 Application under section 42E An application under section 42E(1) of the Act shall be made in accordance with Order 41A of Chapter I. 10.03 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 shall be in Form 6–10A; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by post. 10.04 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 shall be in Form 6–10B; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by post. r. 10.01 -- 68 of 197 -- Order 10—Applications Under Part IIA of the Evidence Act 1958 Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 61 10.05 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 shall be in Form 6–10B; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by post. 10.06 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 shall be in Form 6–10B; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by post. __________________ r. 10.05 -- 69 of 197 -- Order 11—Terrorism (Community Protection) Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 62 ORDER 11—TERRORISM (COMMUNITY PROTECTION) RULES 11.01 Definition In this Order, the Act means the Terrorism (Community Protection) Act 2003. 11.02 Application of Order This Order applies to a proceeding in the Court under Part 2 of the Act. 11.03 Form of application to Court An application to the Court under section 6(1) of the Act for the issue of a covert search warrant may be in Form 6–11A. 11.04 Filing of documents Unless the Court otherwise orders, an application and any affidavit in support shall— (a) be filed before the application is made with the Associate to the Judge from whom the warrant is sought; and (b) not be available for inspection by any person. 11.05 Form of warrant A covert search warrant shall be in Form 6–11B. __________________ r. 11.01 -- 70 of 197 -- Order 12—Serious Sex Offenders Monitoring Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 63 ORDER 12—SERIOUS SEX OFFENDERS MONITORING RULES 12.01 Definition In this Order, the Act means the Serious Sex Offenders Monitoring Act 2005. 12.02 Application of Order This Order applies to a proceeding in the Court under Part 2 of the Act and appeals under Part 3 of the Act. 12.03 Form of application for extended supervision order and renewal of extended supervision order (1) An application to the Court under section 5 of the Act for an extended supervision order may be in Form 6–12A. (2) An application to the Court under section 24 of the Act for renewal of an extended supervision order may be in Form 6–12A, with any necessary modification. 12.04 Form of order An extended supervision order may be in Form 6–12B. 12.05 Application for review of order (1) An application to the Court under section 21 of the Act for review of an extended supervision order may be in Form 6–12C. (2) An application by an offender under section 21(3) of the Act for leave to apply for a review of an extended supervision order may be made at the same time as an application under that section for a review of an extended supervision order. r. 12.01 -- 71 of 197 -- Order 12—Serious Sex Offenders Monitoring Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 64 12.06 Notice of intention to dispute report (1) A notice of intention to dispute the whole or any part of an assessment report or other report made to the Court by a medical expert filed by a party under section 11(4) or 23(4) of the Act must be served on the other party— (a) in accordance with section 45 of the Act; and (b) as soon as practicable and not less than 10 days before the day for the hearing of the application. (2) A notice of intention to dispute the whole or any part of an assessment report or other report made to the Court by a medical expert filed by a party under section 11(4) or 23(4) of the Act may be in Form 6–12D. 12.07 Order for a person to attend for examination An order under section 28 of the Act may be in Form 6–12E. 12.08 Filing of documents Unless the Court otherwise orders, an application and any accompanying assessment report shall— (a) be filed before the application is made with the Associate to the Judge from whom the order is sought; and (b) not be available for inspection by any person. 12.09 Form of notice of appeal (1) A notice of appeal by an offender under section 36(2) of the Act may be in Form 6–12F. (2) A notice of appeal by the Secretary under section 37(2) of the Act may be in Form 6–12G. __________________ r. 12.06 -- 72 of 197 -- Order 13—Major Crime (Investigative Powers) Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 65 ORDER 13—MAJOR CRIME (INVESTIGATIVE POWERS) RULES 13.01 Definition In this Order, the Act means the Major Crime (Investigative Powers) Act 2004. 13.02 Application of Order This Order applies to a proceeding in the Court under Part 2 of the Act. 13.03 Applications made under this Order An application in a proceeding under Part 2 of the Act shall be made to a Judge in the Criminal Division, or if no Judge of the Criminal Division is available, to a Judge in the Practice Court. 13.04 Form of application for coercive powers order or extension or variation of order (1) An application to the Court under section 5(1) of the Act for a coercive powers order may be in Form 6–13A. (2) An application to the Court under section 10 of the Act for an extension or a variation of a coercive powers order may be in Form 6–13A with any necessary modification. 13.05 Form of order A coercive powers order may be in Form 6–13B. 13.06 Form of application for witness summons An application to the Court under section 14(3) of the Act for the issue of a witness summons may be in Form 6–13C. r. 13.01 -- 73 of 197 -- Order 13—Major Crime (Investigative Powers) Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 66 13.07 Form of application for order to bring person in custody before Chief Examiner An application to the Court under section 18(2) of the Act may be in Form 6–13D. 13.08 Filing of documents Unless the Court otherwise orders, an application and any affidavit in support shall— (a) subject to section 5(6) and (7) of the Act, be filed before the application is made with the Associate to the Judge from whom the order or summons is sought; and (b) not be available for inspection by any person. __________________ r. 13.07 -- 74 of 197 -- Order 14—Assumed Identity Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 67 ORDER 14—ASSUMED IDENTITY RULES 14.01 Definition In this Order, the Act means the Crimes (Assumed Identities) Act 2004. 14.02 Application of Order This Order applies to a proceeding in the Court under Part 2 of the Act. 14.03 Applications made under this Order An application in a proceeding under Part 2 of the Act shall be made to a Judge. 14.04 Forms of application under the Act (1) An application to the Court under section 10 of the Act— (a) may be in Form 6–14A; and (b) shall be accompanied by an affidavit in support stating the acts, facts, matters and circumstances on which the application is based. (2) An application to the Court under section 12 of the Act— (a) may be in Form 6–14B; and (b) shall be accompanied by an affidavit in support stating the acts, facts, matters and circumstances on which the application is based. 14.05 Filing of documents Unless the Court otherwise orders, an application and any affidavit in support shall— (a) be filed before the application is made with the Associate to the Judge from whom the order is sought; and r. 14.01 -- 75 of 197 -- Order 14—Assumed Identity Rules Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 68 (b) remain confidential and not be available for inspection by any person. 14.06 Forms of order (1) An order under section 10 of the Act— (a) may be in Form 6–14C; and (b) shall be signed by the Judge making the order. (2) An order under section 12 of the Act— (a) may be in Form 6–14D; and (b) shall be signed by the Judge making the order. __________________ r. 14.06 -- 76 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 69 FORMS FORM 6–1A Rule 1.12(2) SUBPOENA [heading as in originating process] To [name] of [address]: YOU ARE ORDERED: … *to attend to give evidence—see section A of this form; … *to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section B of this form; or … *to attend to give evidence and to produce this subpoena or a copy of it and the documents or things specified in the Schedule—see section C of this form. *Select one only of these three options Failure to comply with this subpoena without lawful excuse is a contempt of court and may result in your arrest. The last day for service of this subpoena is: (See Note 1) Please read Notes 1 to 13 at the end of this subpoena. [Seal of the Court] Date: Issued at the request of [name of party], whose address for service is: A. Details of subpoena to attend to give evidence only Date, time and place at which you must attend to give evidence: Date: Time: Place: Form 6–1A -- 77 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 70 You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend on that day until you are excused from further attending. B. Details of subpoena to produce only You must comply with this subpoena: (a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or (b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received not less than three days before the day specified for attendance and production. (See Notes 5 to 9) Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending. Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things: Date: Time: Place: Address to which the subpoena (or copy) and documents or things may be delivered: The Prothonotary [Supreme Court of Victoria 436 Lonsdale Street Melbourne] Address to which the subpoena (or copy) and documents or things may be sent by post: The Prothonotary [Supreme Court of Victoria 210 William Street Melbourne] Form 6–1A -- 78 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 71 SCHEDULE The documents and things you must produce are as follows: [If insufficient space attach list] C. Details of subpoena both to attend to give evidence and to produce In so far as you are required by this subpoena to attend to give evidence, you must attend as follows: Date: Time: Place: You must continue to attend from day to day unless excused by the Court or the person authorised to take evidence in this proceeding or until the hearing of the matter is completed. Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend on that day until you are excused from further attending. In so far as you are required by this subpoena to produce the subpoena or a copy of it and documents or things, you must comply with this subpoena: (a) by attending to produce this subpoena or a copy of it and the documents or things specified in the Schedule below at the date, time and place specified for attendance and production; or (b) by delivering or sending this subpoena or a copy of it and the documents or things specified in the Schedule below to the Prothonotary at the address below so that they are received not less than three days before the day specified for attendance and production. (See Notes 5 to 9) Alternatively, if notice of a later day is given to you by a member of the police or the Solicitor for Public Prosecutions, you must attend and produce the subpoena, or a copy of it, with the required documents or things on that day until you are excused from further attending. Date, time and place at which to attend to produce the subpoena or a copy of it and the documents or things: Date: Time: Place: Form 6–1A -- 79 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 72 Address to which the subpoena or a copy of it and documents or things must be delivered: The Prothonotary [Supreme Court of Victoria 436 Lonsdale Street Melbourne] Address to which the subpoena (or copy) and documents or things may be sent by post: The Prothonotary [Supreme Court of Victoria 210 William Street Melbourne] SCHEDULE The documents and things you must produce are as follows: [If insufficient space attach list] NOTES Last day for service 1. Subject to Note 2, you need not comply with the subpoena unless it is served on you on or before the day specified in the subpoena as the last day for service of the subpoena. 2. Even if this subpoena has not been served personally on you, you must, nevertheless, comply with its requirements, if you have, by the last day for service of the subpoena, actual knowledge of the subpoena and of its requirements. Addressee a corporation 3. If the subpoena is addressed to a corporation, the corporation must comply with the subpoena by its appropriate or proper officer. Conduct money 4. You need not comply with the subpoena in so far as it requires you to attend to give evidence unless conduct money sufficient to meet your reasonable expenses of attending as required by the subpoena is handed or tendered to you a reasonable time before the day on which your attendance is required. Form 6–1A -- 80 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 73 Production to the Prothonotary 5. In so far as this subpoena requires production of the subpoena or a copy of it and a document or thing, instead of attending to produce the subpoena or a copy of it and the document or thing, you may comply with the subpoena by delivering or sending the subpoena or a copy of it and the document or thing to the Prothonotary at the address specified in the subpoena for the purpose so that they are received not less than three days before the day specified in the subpoena for attendance and production. 6. If you object to a document or thing produced in response to this subpoena being inspected by a party to the proceeding or any other person, you must, at the time of production, notify the Prothonotary in writing of your objection and of the grounds of your objection. 7. Unless the Court otherwise orders, if you do not object to a document or thing produced by you in response to the subpoena being inspected by any party to the proceeding, the Prothonotary may permit the parties to the proceeding to inspect the document or thing. 8. If you produce more than one document or thing, you must, if requested by the Prothonotary, produce a list of the documents or things produced. 9. You may, with the consent of the issuing party, produce a copy, instead of the original, of any document that the subpoena requires you to produce. Applications in relation to subpoena 10. You have the right to apply to the Court— (a) for an order setting aside the subpoena (or a part of it) or for relief in respect of the subpoena; and (b) for an order with respect to your claim for privilege, public interest immunity or confidentiality in relation to any document or thing the subject of the subpoena. Loss or expense of compliance 11. If you are not a party to the proceeding, you may apply to the Court for an order that the issuing party pay an amount (in addition to conduct money and any witness's expenses) in respect of the loss or expense, including legal costs reasonably incurred in complying with the subpoena. Form 6–1A -- 81 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 74 Contempt of court—arrest 12. Failure to comply with a subpoena without lawful excuse is a contempt of court and may be dealt with accordingly. 13. Note 12 is without prejudice to any power of the Court under any Rules of the Supreme Court (including any Rules of the Supreme Court providing for the arrest of an addressee who defaults in attendance in accordance with a subpoena) or otherwise, to enforce compliance with a subpoena. __________________ Form 6–1A -- 82 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 75 Rule 2.05 FORM 6–2A IN THE SUPREME COURT OF VICTORIA 20 No. AT The Queen v. A.B. NOTICE OF APPEAL (Question of Law Only) To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence] and I give you Notice of Appeal against my conviction (particulars of which are set out below) to the Court of Appeal on a ground of appeal which involves a question of law. The ground(s) of my appeal are: [state briefly the grounds of the appeal.] Date: [Signed by Appellant or legal practitioner on behalf of Appellant] *[If signed by legal practitioner] The name and address for service are as follows: [insert] PARTICULARS 1. Appellant's name: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Convicted at: [place and court] 4. Trial Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of solicitor who represented appellant at trial: 9. Name of counsel (if any) who represented appellant at trial: Form 6–2A -- 83 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 76 10. Were the questions of law set out above raised at the trial? 11. State whether you wish to be present at the hearing of this proceeding: 12. State whether you wish to attend by audio visual link at the hearing of this proceeding. IMPORTANT NOTES: 1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraphs 11 and 12 accordingly or otherwise notify the Registrar in writing of your wish. 2. Your attention is drawn to the procedure that follows the filing of your Notice of Appeal. Unless otherwise directed by the Registrar or the Court— (a) within 2 months after filing the Notice of Appeal, you must file with the Registrar and serve on the respondent a full statement of the grounds upon which you rely on appeal. This need not follow the grounds stated in your Notice of Appeal, but in the new document the grounds must be stated fully, precisely and in detail; and (b) within one month after filing the full statement of grounds, you must file with the Registrar and serve on the respondent an outline of the submissions to be relied upon on the hearing of your appeal. Failure to comply with either of these requirements may result in your appeal standing dismissed. Any extension of time (if needed) should be sought from the Registrar before time expires. After time expires, an extension can be granted only by the Court itself. 3. If you wish the Court, on the hearing of your appeal, to consider your case in writing without the presentation of oral argument, you should inform the Registrar accordingly. 4. An appeal may be abandoned at any time before the hearing of the appeal by filing with the Registrar a notice of abandonment in the appropriate form. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2A -- 84 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 77 Rule 2.05 FORM 6–2B [heading as in Form 6–2A] NOTICE OF APPEAL UPON THE CERTIFICATE OF THE TRIAL JUDGE To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/* living at [place of residence] and I give you notice of appeal to the Court of Appeal against my conviction (particulars of which are set out below). The appeal is brought upon the Certificate of the Judge before whom I was tried that the case is a fit case for appeal against my conviction on the ground(s) set out in the certificate. Date: [Signed by Appellant or legal practitioner on behalf of Appellant] *[If signed by legal practitioner] The name and address for service are as follows: [insert] PARTICULARS 1. Appellant's name: 2. Offence for which convicted: 3. Convicted at: [place and court] 4. Trial Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of solicitor who represented appellant at trial: 9. Name of counsel (if any) who represented appellant at trial: 10. The certificate of the Trial Judge is attached to this notice. 11. State whether you wish to be present at the hearing of this proceeding: Form 6–2B -- 85 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 78 12. State whether you wish to attend by audio visual link at the hearing of this proceeding. IMPORTANT NOTES: 1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraphs 11 and 12 accordingly or otherwise notify the Registrar in writing of your wish. 2. Your attention is drawn to the procedure that follows the filing of your Notice of Appeal. Unless otherwise directed by the Registrar or the Court— (a) within 2 months after filing the Notice of Appeal, you must file with the Registrar and serve on the respondent a full statement of the grounds upon which you rely on appeal. This need not follow the grounds stated in your Notice of Appeal, but in the new document the grounds must be stated fully, precisely and in detail; and (b) within one month after filing the full statement of grounds, you must file with the Registrar and serve on the respondent an outline of the submissions to be relied upon on the hearing of your appeal. Failure to comply with either of these requirements may result in your appeal standing dismissed. Any extension of time (if needed) should be sought from the Registrar before time expires. After time expires, an extension can be granted only by the Court itself. 3. If you wish the Court, on the hearing of your appeal, to consider your case in writing without the presentation of oral argument, you should inform the Registrar accordingly. 4. An appeal may be abandoned at any time before the hearing of the appeal by filing with the Registrar a notice of abandonment in the appropriate form. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–2B -- 86 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 79 Rule 2.05 FORM 6–2C [heading as in Form 6–2A] NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST A CONVICTION To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence] and I wish to appeal to the Court of Appeal against my conviction (particulars of which are set out below). TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against my conviction on the ground(s): [state briefly the grounds upon which you wish to appeal against the conviction.] Date: [Signed by Applicant or legal practitioner on behalf of Applicant] *[If signed by legal practitioner] The name and address for service are as follows: [insert] PARTICULARS 1. Applicant's name: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Convicted at: [place and court] 4. Trial Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of solicitor who represented applicant at trial: 9. Name of counsel (if any) who represented applicant at trial: 10. State whether you wish to be present at the hearing of this proceeding: 11. State whether you wish to attend by audio visual link at the hearing of this proceeding. Form 6–2C -- 87 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 80 IMPORTANT NOTES: 1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your application, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraphs 10 and 11 accordingly or otherwise notify the Registrar in writing of your wish. 2. Your attention is drawn to the procedure that follows the filing of your Notice of Application. Unless otherwise directed by the Registrar or the Court— (a) within 2 months after filing the Notice of Application, you must file with the Registrar and serve on the respondent a full statement of the grounds upon which you intend to rely on appeal, if leave to appeal is given. This need not follow the grounds stated in your Notice of Application, but in the new document the grounds must be stated fully, precisely and in detail; and (b) within one month after filing the full statement of grounds, you must file with the Registrar and serve on the respondent an outline of the submissions to be relied upon on the hearing of your application. Failure to comply with either of these requirements may result in your application standing dismissed. Any extension of time (if needed) should be sought from the Registrar before time expires. After time expires, an extension can be granted only by the Court itself. 3. If you wish the Court, on the hearing of your application, to consider your case in writing without the presentation of oral argument, you should inform the Registrar accordingly. 4. The Court may treat the hearing of this application as the hearing of the appeal. 5. An application for leave to appeal against conviction may be abandoned at any time before the hearing of the application by filing with the Registrar a notice of abandonment in the appropriate form. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2C -- 88 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 81 Rule 2.05 FORM 6–2D [heading as in Form 6–2A] NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence] and I wish to appeal to the Court of Appeal against the sentence imposed upon me (particulars of which are set out below). TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against the sentence imposed on me on the ground(s): [state briefly the grounds upon which you wish to appeal against the sentence.] Date: [Signed by Applicant or legal practitioner on behalf of Applicant] *[If signed by legal practitioner] The name and address for service are as follows: [insert] PARTICULARS 1. Applicant's name: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Convicted at: [place and court] 4. Sentencing Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of solicitor who represented applicant at trial: 9. Name of counsel (if any) who represented applicant at trial: 10. State whether you wish to be present at the hearing of this proceeding: 11. State whether you wish to attend by audio visual link at the hearing of this proceeding. Form 6–2D -- 89 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 82 IMPORTANT NOTES: 1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your application, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraphs 10 and 11 accordingly or otherwise notify the Registrar in writing of your wish. 2. If you wish the Court, on the hearing of your application, to consider your case in writing without the presentation of oral argument, you should inform the Registrar accordingly. 3. If leave to appeal against your sentence is granted then, unless otherwise directed by the Registrar or the Court— (a) within one month after the granting of leave to appeal, you must file with the Registrar and serve on the respondent a full statement of the grounds on which you intend to rely on appeal. This need not follow the grounds stated in your Notice of Application, but in the new document the grounds must be stated fully, precisely and in detail; and (b) within one month after filing the full statement of grounds, you must file with the Registrar and serve on the respondent an outline of the submissions to be relied upon on the hearing of your application. Failure to comply with either of these requirements may result in your application standing dismissed. Any extension of time (if needed) should be sought from the Registrar before time expires. After time expires, an extension can be granted only by the Court itself. 4. You should be aware that the Court has the power under section 568 of the Crimes Act 1958, if it quashes the sentence passed below and substitutes a different sentence, to impose a sentence which is more or less severe than the sentence which is quashed. 5. An application for leave to appeal against sentence may be abandoned not less than three days before the day fixed for the hearing of the application by filing with the Registrar a notice of abandonment in the appropriate form. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2D -- 90 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 83 Rule 2.06 FORM 6–2E [heading as in Form 6–2A] APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO LODGE NOTICE OF APPEAL To the Registrar of Criminal Appeals I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence] and I wish to apply to the Supreme Court for an extension of time within which to lodge notice of appeal or notice of application for leave to appeal to the Court of Appeal against *conviction/*and sentence (particulars of which are set out below). The reasons I failed to lodge a notice within the prescribed time and the ground(s) upon which I make this application are: [State specifically and concisely and not merely in general terms the grounds of the application.] Date: [Signed by Applicant] PARTICULARS 1. Applicant's name: 2. Offence for which convicted: 3. Convicted at: [place and Court] 4. Trial or sentencing Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: IMPORTANT NOTE: This notice must accompany notice of appeal or notice of application for leave to appeal. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2E -- 91 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 84 Rule 2.08(2) FORM 6–2FA [heading as in Form 6–2A] NOTIFICATION TO APPLICANT OF REGISTRAR'S DECISION UNDER SECTION 582A To [name of applicant] I GIVE YOU NOTICE that after consideration of your application for extension of time for giving notice of appeal or notice of application for leave to appeal your application has been refused. If you wish to have the refused application determined by the Court of Appeal, complete the enclosed form and return it to me within 10 DAYS after you receive this notification. Date: [Signed] * Delete if not applicable _______________ Form 6–2FA -- 92 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 85 Rule 2.08(4) FORM 6–2FB [heading as in Form 6–2A] ELECTION TO HAVE APPLICATION FOR EXTENSION OF TIME DETERMINED BY THE COURT OF APPEAL To the Registrar of Criminal Appeals: I [full name], having received your notification that you have refused my application for extension of time within which notice of appeal or application for leave to appeal may be given, GIVE NOTICE that I wish to have my application determined by the Court of Appeal. I wish *to be present at the hearing of my application; *to attend by audio visual link. Date: [Signed by Applicant] [Signed by Witness] [Name and Address of Witness] * Delete if not applicable NOTE: You must include any reasons additional to those set out in your original application which you wish to have considered by the Court of Appeal. Attach additional material if you wish. _______________ Form 6–2FB -- 93 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 86 Rule 2.08.1(1) FORM 6–2GA [heading as in Form 6–2A] NOTIFICATION TO APPLICANT OF SINGLE JUDGE'S DECISION UNDER SECTION 582 To [name of applicant] I GIVE YOU NOTICE that after consideration of your application for *leave to appeal against sentence/*extension of time/*bail pending appeal your application has been refused by [insert name of Judge] acting under section 582 of the Crimes Act 1958. If you wish to have your application determined by the Court of Appeal constituted by three judges, complete the enclosed form and return it to me within 10 DAYS after you receive this notification. Date: [Signed] * Delete if not applicable _______________ Form 6–2GA -- 94 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 87 Rule 2.08.1(2) FORM 6–2GB [heading as in Form 6–2A] NOTICE OF ELECTION UNDER SECTION 582 To the Registrar of Criminal Appeals: I [full name], having received your notification that my application for *leave to appeal against sentence/*extension of time/*bail pending appeal has been refused by a single Judge of Appeal under section 582 of the Crimes Act 1958, GIVE NOTICE that I wish to have my application determined by the Court of Appeal constituted by three judges. I wish *to be present at the hearing of my application; *to attend by audio visual link. Date: [Signed by Applicant] [Signed by Witness] [Name and Address of Witness] * Delete if not applicable IMPORTANT NOTES: 1. Unless otherwise directed by the Registrar or the Court, you must, within one month after returning to the Registrar this Notice of Election, file with the Registrar and serve on the respondent an outline of the submissions to be relied upon on the hearing of your application. 2. Failure to comply with note 1 may result in your application standing dismissed. Any extension of time (if needed) should be sought from the Registrar before time expires. After time expires, an extension can be granted only by the Court itself. 3. If you wish the Court, on the hearing of your application, to consider your case in writing without the presentation of oral argument, you should inform the Registrar accordingly. 4. The Court may treat the hearing of the application for leave to appeal as the hearing of the appeal. 5. You should be aware that the Court has the power under section 568 of the Crimes Act 1958, if it quashes the sentence passed below and substitutes a different sentence, to impose a sentence which is more or less severe than the sentence which is quashed. Form 6–2GB -- 95 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 88 6. An application for leave to appeal against sentence may be abandoned not less than three days before the day fixed for the hearing of the application by filing with the Registrar a notice of abandonment in the appropriate form. _______________ Form 6–2GB -- 96 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 89 Rule 2.13.2 FORM 6–2H [heading as in Form 6–2A] NOTICE OF ABANDONMENT To the Registrar of Criminal Appeals: I, [full name] *a prisoner at [place]/*living at [place of residence] give notice that I wish to abandon my *appeal/*application for leave to appeal dated [insert date] against *conviction/*and sentence/*and my application for an extension of time within which to lodge notice of appeal or to apply for leave to appeal dated [insert date]. Date: [Signed by Appellant/ Applicant] [Signed by Witness] [Name and Address of Witness] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2H -- 97 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 90 Rule 2.13 FORM 6–2J TRIAL JUDGE'S CERTIFICATE [The appellant] was tried and convicted before me in the Court on [insert date] on a *presentment/*indictment charging *him/*her with [offences] and was sentenced by me to [details of sentence imposed]. I hereby certify that this case is a fit case for an appeal by [appellant] to the Court of Appeal against conviction upon the following ground(s): [State specifically and concisely and not merely in general terms the ground(s) upon which the certificate is granted.] Date: [Signed by Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2J -- 98 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 91 Rule 2.15(2)(b) FORM 6–2K RECOGNIZANCE OF APPELLANT SENTENCED TO PAY A FINE (AND SURETY) WHEREAS 1. [full name] of [address] was on [date] convicted of [offences] and was sentenced to pay the sum of $ as a fine by the *Supreme/*County Court; and 2. *He/*She has indicated a wish to appeal against the conviction on *a question of law alone /*the certificate of the trial judge that the case is fit for appeal; and 3. The Court considers that the appellant may instead of payment of the fine be ordered to enter into a recognizance of bail for the sum of $ with [number] sureties each for the sum of $ to prosecute the appeal before the Court of Appeal. NOW [full name] of [address] acknowledges *himself/*herself to owe to the State of Victoria the sum of $ to be satisfied by or out of *his/*her goods, chattels, lands and tenements, if the said [full name] breaches the condition(s) set out below. Taken and acknowledged on [date] at the *Supreme/*County Court, before [name of Judge] [Signed] Associate to Judge The condition(s) of the recognizance are that if [full name] of [address]— 1. shall personally appear before the Court of Appeal at every hearing of the appeal and at its final determination and prosecute the appeal and abide by the judgment of the Court and not be absent from any hearing without leave and pay to the Registrar of Criminal Appeals the sum of $ , or such sum as the Court may order; and 2. [Insert any other conditions.] then this recognizance shall be void; but otherwise it shall be of full force and effect. Form 6–2K -- 99 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 92 RECOGNIZANCE OF SURETY On [date] [insert name(s) and address(es) of surety(ies)] personally come before [name of Judge] and individually acknowledged themselves to owe the State of Victoria [insert sum in respect of which surety is bound] to be satisfied by or out of their respective goods, chattels, lands and tenements if [name of appellant] now before the Court breaches the condition(s) set out above. Taken and acknowledged on [date] at the *Supreme/*County Court, before [name of Judge] [Signed] Associate to Judge ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2K -- 100 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 93 Rule 2.30 FORM 6–2L [heading as in Form 6–2A] NOTIFICATION OF RESULT OF APPEAL OR APPLICATION In the case of R v. [name of appellant] TAKE NOTICE that the Court of Appeal has considered— * the appeal and has decided [complete appropriately]; * the application for— * leave to appeal to the Court; * extension of time for giving notice of appeal or application for leave to appeal; * bail and has decided [complete appropriately] Date: [Signed] Registrar of Criminal Appeals ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2L -- 101 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 94 Rule 2.31(2) FORM 6–2M [heading as in Form 6–2A] APPELLANT'S APPLICATION FOR EXAMINATION OF FURTHER WITNESS(ES) To the Registrar of Criminal Appeals: I [name of appellant] an appellant in the Court of Appeal, request you to take notice that I desire that the Court order the witness(es) named below to attend the Court and be examined on my behalf. PARTICULARS 1. State name(s) and address(es) of witness(es). 2. Was the witness, or if more than one, which ones, examined at the trial? 3. If the answer to question 2 is "no", give reasons why the witness or witnesses were not examined. 4. What do you want the witness(es) to be examined on? State clearly the evidence you think the witness(es) can give. Date: [Signed] Appellant _______________ Form 6–2M -- 102 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 95 Rule 2.32(3) FORM 6–2N [heading as in Form 6–2A] NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER To [name of witness or person to whom notice is to be given] The Court of Appeal has ordered that [name(s) of witness(es)] be examined as *a witness/*witnesses upon the appeal of [name of appellant] and that depositions are to be taken for the use of the Court. You, [name of witness], are to attend at [place], at [time] on [date] to be examined. You must bring with you to the appeal any books, papers or other material which you have received notice to produce. Date: [Signed] Registrar of Criminal Appeals ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–2N -- 103 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 96 Rule 2.35(2) FORM 6–2P NOTICE TO PRISONER WHO WISHES TO APPEAL 1. If a person convicted in the Supreme Court or the County Court wishes to appeal to the Court of Appeal against conviction, the person must lodge a Notice of Appeal or Notice of Application for Leave to Appeal against conviction in the prescribed form with the Registrar of Criminal Appeals of the Supreme Court not later than 14 days after conviction and sentence. 2. The Notice of Appeal or Notice of Application for Leave to Appeal must state specifically and not merely in general terms the grounds upon which it is desired to appeal. 3. A person who has been sentenced and who wishes to appeal against the sentence must lodge a Notice of Application for Leave to Appeal against sentence in the prescribed form with the Registrar of Criminal Appeals of the Supreme Court not later than 14 days after sentence. 4. Separate Notices must be lodged for (a) an appeal against conviction and (b) an appeal against sentence. _______________ Form 6–2P -- 104 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 97 Rule 3.02(1) FORM 6–3A IN THE SUPREME COURT OF VICTORIA 20 No. AT BETWEEN A.B. Appellant and C.D. Respondent NOTICE OF INTENTION TO APPLY FOR LEAVE TO APPEAL AGAINST SENTENCE IMPOSED UNDER SECTION 86 OF THE MAGISTRATES' COURT ACT 1989 To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am a prisoner at [name of prison]. TAKE NOTICE that I intend to apply to the Court of Appeal for leave to appeal to the Court of Appeal against the sentence of [details of sentence] passed upon me by the County Court. The grounds on which I intend to make application are: [set out specifically and concisely and not merely in general terms the grounds on which you intend to appeal]. PARTICULARS 1. Name of applicant: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Originally convicted at the Magistrates' Court at [place of Court] and sentenced to [sentence or other order imposed by the Magistrates' Court]; 4. Sentence substituted by County Court: 5. Sentencing Judge: 6. Date sentence of County Court imposed: Date: [Signed by Applicant] _______________ Form 6–3A -- 105 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 98 Rule 3.07(b) FORM 6–3B INFORMATION FOR PERSONS UPON WHOM A SENTENCE OF IMPRISONMENT HAS BEEN IMPOSED BY THE COUNTY COURT UPON APPEAL FROM THE MAGISTRATES' COURT IN SUBSTITUTION FOR SOME OTHER SENTENCE IMPOSED BY THE MAGISTRATES' COURT 1. If— (a) a person has appealed to the County Court from the Magistrates' Court against a conviction, a sentence or other order of the Magistrates' Court; and (b) the County Court has substituted on that person a sentence of imprisonment instead of the sentence imposed by the Magistrates' Court; and (c) the sentence originally imposed by the Magistrates' Court was not a sentence of imprisonment— that person may apply to the Court of Appeal for leave to appeal to the Court of Appeal against the sentence imposed by the County Court. 2. If you wish to appeal against the sentence imposed by the County Court then within 14 days after that sentence has been imposed, you or your solicitor must serve or cause to be served a NOTICE OF INTENTION TO APPLY FOR LEAVE TO APPEAL AGAINST SENTENCE IMPOSED UNDER SECTION 86 OF THE MAGISTRATES' COURT ACT 1989 upon each of— (a) the informant; and (b) the Director of Public Prosecutions— and must file or cause to be filed a copy of the notice with the Registrar of Criminal Appeals. 3. The notice must be in Form 6–3A. A copy of such a Form must be given to you with this notice. _______________ Form 6–3B -- 106 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 99 Rules 4.02(1), 4.05 FORM 6–4A IN THE SUPREME COURT OF VICTORIA AT The Queen v. [name of accused] NOTICE THAT SOLICITOR ACTS Date of committal for trial: [if any] Committed for trial on [charges on which accused person committed] Date of notice of trial: [if any] Charges indicated by Notice of Trial: TAKE NOTICE that the solicitor (or firm) indicated below acts for the accused [name(s)] in this matter. Date: [Signed] Name of Solicitor (or firm): Address of Solicitor (or firm): Telephone number: Name of person handling matter: Present address of accused person: NOTES (1) This notice must be sent to the DPP and to the Criminal Trial Listing Directorate as soon as possible after a solicitor commences to act for an accused person. (2) This notice must be filed with the Prothonotary after a copy of a presentment has been served. _______________ Form 6–4A -- 107 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 100 Rules 4.02(2), 4.05 FORM 6–4B [heading as in Form 6–4A] NOTICE THAT SOLICITOR HAS CEASED TO ACT Date of committal for trial: [if any] Committed for trial on [charges on which accused person committed] Date of notice of trial: [if any] Charges indicated by Notice of Trial: TAKE NOTICE that the solicitor (or firm) indicated below has ceased to act for the accused [name(s)] in this matter. Filed: [Signed] NOTES: 1. This notice must be served on— —the DPP, and —the CTLD, and —the former client— as soon as possible after a solicitor has ceased to act for an accused person. 2. As soon as possible after ceasing to act for an accused person, the solicitor must return— —to the CTLD, the copy depositions, —the DPP, all materials provided by the DPP— in relation to the matter. 3. If a Notice under Rule 4.02(1) has been filed with the Prothonotary, this notice must be filed with the Prothonotary as soon as possible after a solicitor ceases to act for an accused person. _______________ Form 6–4B -- 108 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 101 Rule 4.03(6) FORM 6–4D NOTICE TO ACCUSED PERSON The Director of Public Prosecutions has not received any notice that you have instructed a solicitor to act for you in relation to the charges set out in the copy presentment which accompanies this notice. You should take this notice and the presentment to your solicitor or to Victoria Legal Aid without delay. If you wish to be legally aided in this matter, your solicitor or Victoria Legal Aid will be able to assist in your application for legal aid. You will soon receive notification from the Criminal Trial Listing Directorate of a date on which this matter will be listed for hearing. You should note that the Court can commence the hearing on this date whether or not you believe you are ready to proceed. An adjournment or other delay in commencing the hearing will not necessarily be permitted to allow you time to obtain legal representation. [If the accused person is to be presented on a charge of rape the following paragraph must also be included in the notice]. As you are charged with an offence of rape your trial must be commenced within 3 months (subject to any extension of time granted by the Supreme Court) of [insert date of committal or Notice of Trial]. To ensure that the person who will represent you at your trial has an adequate time to prepare your defence, you should contact a solicitor or Victoria Legal Aid at the earliest opportunity. _______________ Form 6–4D -- 109 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 102 Rule 4.07 FORM 6–4E [heading as in Form 6–4A] QUESTIONNAIRE To [solicitor for accused person] The trial of [name of accused person] is now— * [if a bail case] ready to be listed; * [if a rape case] required to be commenced by [insert date]; * [if a remand case] proposed to be listed not later than [insert date]; * proposed to be listed for hearing [insert date]. Under Rule 4.07 of Chapter VI of the Supreme Court Rules YOU ARE REQUIRED WITHIN 14 DAYS to answer the following questions and to return the answers to the Criminal Trial Listing Directorate. 1. Is your firm acting for [name of accused person]? YES/NO 2. Have you (or your firm made arrangements satisfactory to you (or your firm) for payment of legal costs in relation to this matter? YES/NO 3. Will your firm represent [accused person] on the trial? YES/NO 4. If NO to question 1: (a) Do you understand that [accused person] has other legal representation? YES/NO If YES, please state the name and address of that other practitioner (if known); (b) When did your firm cease to act for [accused person]? 5. If NO to question 2: (a) Has application been made by your firm or by [names of any other persons] for legal assistance on behalf of [accused person]? YES/NO If YES, give the date of such application (if known); (b) If NO to (a), has [accused person] been advised by your firm to apply for legal assistance? YES/NO. Director, Criminal Trial Listing Directorate * Delete if not applicable _______________ Form 6–4E -- 110 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 103 Rule 5.03(1) FORM 6–5A IN THE SUPREME COURT OF VICTORIA AT A.B. and C.D. APPLICATION FOR*TIME TO PAY A FINE *INSTALMENT ORDER *VARIATION OF INSTALMENT ORDER *COMMUNITY-BASED ORDER 1. I, [full name], of [address] [occupation] apply to the proper officer of the Court at 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. *a community-based order. 2. On I was ordered to pay a fine. 3. The Court ordered that I pay $ in fines and costs. 4. I *was/*was not present when the order was made. 5. The Court ordered that the fines and costs be paid— *by / /20 . *by instalments of $ to be paid on the day of each *week/*fortnight/*month. *did not make any order about payment. 6. I have made the following payments under the order— [here set out details of payments made]. 7. *I now want to pay the money I owe— *by [date] *by instalments of $ on the day of each *week/*fortnight/ *month starting on [date]. Form 6–5A -- 111 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 104 [or where application is for a community-based order] *I now apply for a community-based order requiring me to perform unpaid community work as directed by a Regional Manager of the Office of Corrections, instead of paying the fine. I agree to comply with such an order. 8. At present I receive $ each week after tax has been deducted. 9. My weekly expenses are $ . 10. This leaves me with $ . Dated: [Signature of Applicant] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–5A -- 112 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 105 Rule 5.07(1) FORM 6–5B 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 Supreme 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 ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY, OR TO CONSENT TO THE MAKING OF A COMMUNITY-BASED ORDER [see below]. Payment must be made to The Prothonotary, [insert address]. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF YOU CANNOT PAY You may apply to the proper officer of the Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine. If you do not pay the fine and do not make an application to the proper officer you may consent to the Court making a community-based order requiring you to perform unpaid community work instead of paying the fine. You may be required to perform one hour of unpaid work for each 0.2 penalty units or part of 0.2 penalty units of each fine outstanding. A minimum of 8 hours work under the direction of the Office of Corrections must be performed, irrespective of the amount outstanding, up to a maximum of 500 hours. You can obtain a consent form from the person making this demand. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 units or part of 0.2 penalty units then remaining unpaid with a minimum of 8 and a maximum of 500 hours. You may also be ordered to pay additional costs; Form 6–5B -- 113 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 106 * order that you be imprisoned for one day for each penalty unit or part of a penalty unit then 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 6–5B -- 114 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 107 Rule 5.07(2) FORM 6–5C IN THE SUPREME COURT OF VICTORIA AT A.B. and C.D. CONSENT TO A COMMUNITY-BASED ORDER I consent to the making by the Court of a community-based order requiring me to perform unpaid community work as directed by a Regional Manager of the Office of Corrections, instead of paying a total penalty of $ . ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK I understand that the amount(s) that I owe for each unpaid fine will be converted into hours of unpaid community work at the rate of 1 hour for each 0.2 penalty units or part of 0.2 penalty units which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CONDITIONS OF THE ORDER I understand that the following conditions will apply to the order and I agree to comply with them: During the period of the community-based order I must— * not commit another offence punishable by imprisonment * report to a Community Corrections Centre specified by the Court * report to, and receive visits from, a community corrections officer * notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change * not leave Victoria except with the permission of an officer at the specified community corrections centre * obey all lawful instructions and directions of community corrections officers * perform unpaid community work as directed by the Regional Manager for a period determined by the Court. Form 6–5C -- 115 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 108 Dated at on 20 . Witnessed by [Signature of person in default] [Print name] TO THE PERSON IN DEFAULT The Court will send you a notice of the making of a community-based order and its conditions. _______________ Form 6–5C -- 116 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 109 Rule 5.07(3) FORM 6–5D COMMUNITY-BASED ORDER IN DEFAULT OF PAYMENT OF A FINE TO Ref. No. of Date of birth / / On / / , with your signed consent, this community-based order is made against you requiring you to perform unpaid community work in respect of the unpaid fine set out below which was imposed by the Supreme Court at on / / . UNPAID AMOUNTS Fine Statutory Costs 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 / / and ends on / / . You must attend [address of Community Corrections Centre] within 2 clear working days after / / . The Magistrates' Court at will supervise 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; * 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; Form 6–5D -- 117 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 110 * 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; * performed 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 / / at [Signature of Judge] _______________ Form 6–5D -- 118 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 111 Rule 5.07(4) FORM 6–5E SUMMONS FOR FAILURE TO PAY A FINE IN THE SUPREME COURT OF VICTORIA AT A.B. and C.D. TO Ref. No. of Date of birth / / 1. On you were found guilty of an offence and the Court ordered you to pay the following amount(s): Act/section Fine Statutory Costs Costs/Other amount(s) Paid Unpaid $ $ $ $ $ TOTAL AMOUNT NOW PAYABLE 2. The Court records show that you have not paid the above amount payable and a warrant to seize your property to recover that amount has been returned unsatisfied. 3. YOU ARE DIRECTED TO APPEAR BEFORE THE COURT AT at a.m./p.m. ON , 20 TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S). Form 6–5E -- 119 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 112 Issued at on Prothonotary NOTES 1. If you pay the above amount to the Prothonotary on or before the date for hearing of this summons, you will not be required to appear at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs. 2. Payments may be made personally or posted to the Prothonotary. You must quote the Court reference at the top of this summons. 3. If you do not pay the amount due or appear at Court as directed by this summons, a warrant for your arrest may be issued. _______________ Form 6–5F -- 120 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 113 Rule 5.08 FORM 6–5F NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF A FINE (BODIES CORPORATE) A warrant to seize property owned by the company has been issued to satisfy the amount of a fine or instalment under an instalment order imposed on the company by the Supreme Court, and all lawful costs of execution. The attached document sets out a summary of the details and the total amount outstanding. You may obtain further details of the penalty from the Court. To do so, you must supply the Court reference which is also on the attached summary. THE COMPANY HAS 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE TO PAY THE AMOUNT OUTSTANDING OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER [see below]. Payment must be made to The Prothonotary, [insert address]. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF THE COMPANY CANNOT PAY It may apply to the proper officer of the Court for an order that the fine be paid by instalments or for an order that the company be allowed time to pay the fine. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 6–5F -- 121 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 114 Rules 6.05(1), 6.06(2) and 6.07 FORM 6–6A IN THE SUPREME COURT OF VICTORIA AT IN THE MATTER of the *Confiscation Act 1997/ *Proceeds of Crime Act 2002 of the Commonwealth and IN THE MATTER of *an offender or alleged offender, XY [name in full] *a suspect, CD [name in full] * the property [insert details] and IN THE MATTER of an Application by AB [name in full] Applicant APPLICATION UNDER SECTION [insert relevant section and relevant Act] FOR RESTRAINING ORDER TO: the Prothonotary of the Supreme Court of Victoria TAKE NOTICE THAT [name of the person making the application] ("the Applicant") MAKES APPLICATION under * section *16(1), *16(2)(a), *16(2)(b), *16(2)(c) or *16(2)(d) of the Confiscation Act 1997 ("the Confiscation Act") FOR A RESTRAINING ORDER in respect of property in which the said XY has an interest or which is tainted property within the meaning of the Confiscation Act. * section *17, *18, *19 or *20 of the Proceeds of Crime Act 2002 of the Commonwealth ("the Commonwealth Act") FOR A RESTRAINING ORDER in respect of property which may be the subject of a restraining order under that Act [insert relevant details]. THE ADDRESS FOR SERVICE of the Applicant is: [insert address] Form 6–6A -- 122 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 115 PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because— * XY has been charged with * within the next 48 hours, XY will be charged with * XY has been convicted of [state offence and, if relevant, details of conviction] and that offence is, within the meaning of the Confiscation Act— * a Schedule 1 offence * a Schedule 2 offence * in the case of an application under section 16(2)(a) of the Confiscation Act, a member of the police force suspects on reasonable grounds that property is tainted property in relation to a Schedule 2 offence. * pursuant to the Commonwealth Act [insert relevant details] 2. THE APPLICANT is— * the Director of Public Prosecutions * a prescribed person * a person belonging to a prescribed class of persons, namely [identify class] * in the case of an application under the Commonwealth Act, the Director of Public Prosecutions within the meaning of the Commonwealth Act. 3. THE APPLICATION IS IN RESPECT OF the following property or interest in the following property— [describe the property or interest in detail] 4. THE GROUNDS on which this application is made are as follows— [set out in detail the grounds of the application] 5. THE PURPOSE OF THE ORDER SOUGHT is so that: * in the case of an application under the Confiscation Act, the property the subject of the order will be available— * to satisfy any forfeiture order that may be made under Division 1 of Part 3 of the Confiscation Act Form 6–6A -- 123 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 116 * to satisfy automatic forfeiture of property that may occur under Division 2 of Part 3 of the Confiscation Act * to satisfy any civil forfeiture order that may be made under Part 4 of the Confiscation Act * to satisfy any pecuniary penalty order that may be made under Part 8 of the Confiscation Act * to satisfy any order for restitution or compensation that may be made under the Sentencing Act 1991 * in the case of an application under the Commonwealth Act, to satisfy [insert relevant details] THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the Judge in the Practice Court/*the trial Judge in the [number] Court at 210 William Street, Melbourne, on [date] *at [time]/*after sentence. [Signed by Prothonotary] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6A -- 124 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 117 Rule 6.06(3) FORM 6–6B [heading as in Form 6–6A] NOTICE OF APPLICATION MADE UNDER SECTION 16 TO: [name and address of person(s) to whom this notice is to be given] TAKE NOTICE THAT APPLICATION HAS BEEN MADE to the Supreme Court of Victoria under section 16 of the Confiscation Act 1997 for a Restraining Order in respect of certain property or an interest in certain property belonging to [name in full]. A copy of the application is attached. THIS NOTICE is given to you as a person who may have an interest in the property which is the subject of the application. This Notice is given by the Applicant pursuant to an Order of the Supreme Court made in this proceeding on [date]. THE HEARING of this application will be resumed— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] AS A PERSON TO WHOM THIS NOTICE IS GIVEN— 1. You are entitled to appear and to give evidence at the hearing of the application, but your absence will not prevent the Court from making the order which is being sought. 2. If you propose to contest this application for an exclusion order, the Rules of the Supreme Court require you to give the Applicant notice of the grounds on which the application is to be contested. The Rules also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. Date: [Signed by Applicant] NOTE: If a Restraining Order is made under the Confiscation Act 1997 then in certain events the property or interest in property in respect of which the Order is made may be taken by the State and any interest you have in that property may be lost. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6B -- 125 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 118 Rule 6.08(1)(a) FORM 6–6C IN THE SUPREME COURT OF VICTORIA AT IN THE MATTER of the Confiscation Act 1997 and IN THE MATTER of an offender or alleged offender, XY [name in full] BETWEEN: AB Applicant and CD Respondent NOTICE OF APPLICATION TO BE MADE UNDER SECTION 20 FOR EXCLUSION ORDER TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 20 of the Confiscation Act 1997 ("the Confiscation Act") for an Order excluding from a Restraining Order the following interest in property:[describe in detail the interest in property which it is sought to exclude from the Restraining Order] THE ADDRESS FOR SERVICE of the Applicant is [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order sought arises because (or when) a Restraining Order has been made under section 18 of the Confiscation Act in relation to the property of [name in full] on the application of [name of applicant for Restraining Order] 2. THE APPLICANT is a person claiming an interest in the following interest in property which is otherwise subject to the Restraining Order, that is to say: [describe in detail the interest in property in respect of which exclusion is sought] Form 6–6C -- 126 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 119 3. THE RESPONDENT(S) to this application is/are— * a person who the Applicant has reason to believe has an interest in the property in respect of which exclusion is sought * the applicant for the abovementioned Restraining Order 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given on affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6C -- 127 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 120 Rule 6.08(1)(b) FORM 6–6D [heading as in Form 6–6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 26 FOR FURTHER ORDERS TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 26 of the Confiscation Act 1997 ("the Confiscation Act") FOR FURTHER ORDER(S) in relation to property to which a Restraining Order relates, that is to say— [set out in detail the order(s) sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because in relation to the property of XY— * application has been made to the Supreme Court of Victoria for a Restraining Order * the Supreme Court of Victoria made a Restraining Order on [date] 2. THE APPLICANT is: [describe the standing of the Applicant to make the application, e.g. the applicant for the Restraining Order OR a person who claims an interest in property to which the Restraining Order relates OR the person to whose property the Restraining Order relates OR otherwise as specified in s.26(2) of the Confiscation Act] 3. THE APPLICATION IS IN RESPECT of the following property— [describe in detail the property to which the further order(s) sought will relate] 4. THE RESPONDENT(S) to this application is a person/are persons referred to in paragraphs (a) to (d) of section 26(2) of the Confiscation Act who could have applied for the Order(s) which is/are sought on this application. Form 6–6D -- 128 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 121 5. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6D -- 129 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 122 Rule 6.08(1)(c) FORM 6–6E [heading as in Form 6–6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 32 FOR FORFEITURE ORDER TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 32(1) of the Confiscation Act 1997 ("the Confiscation Act") FOR A FORFEITURE ORDER with respect to the following property: [describe in detail the property in respect of which the forfeiture order is sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order sought arises because (or when) XY has been convicted in the [name] Court on [date] of the offence of [describe the offence] which is a Schedule 1 offence within the meaning of the Confiscation Act. 2. THE APPLICANT is— * the Director of Public Prosecutions * an appropriate officer within the meaning of the Confiscation Act 3. THE RESPONDENT(S) to this application is/are— * the person in respect of whose property the Order is sought * a person who the Applicant has reason to believe has an interest in the property * a person to whom the Court has required that notice be given 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] Form 6–6E -- 130 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 123 5. IF the Respondent has already been convicted of the offence described above, A TIME LIMIT APPLIES under section 32(2) of the Confiscation Act and this application will be made— * before the end of the relevant period (as defined by the Confiscation Act) in relation to the conviction * after the end of the relevant period (as so defined), but the Applicant will seek the leave of the Court to make this application out of time 6. HAS ANY PREVIOUS APPLICATION been made under section 32(1) of the Confiscation Act in relation to the same conviction? * No such application has been made * Such an application was made on [date] but that application has not been finally determined * Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. Form 6–6E -- 131 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 124 If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6E -- 132 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 125 Rule 6.08(1)(d) FORM 6–6F [heading as in Form 6–6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 37 FOR CIVIL FORFEITURE ORDER TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 37(1) of the Confiscation Act 1997 ("the Confiscation Act") FOR A CIVIL FORFEITURE ORDER with respect to the following property: [describe in detail the property in respect of which the forfeiture order is sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because XY has been charged with the offence of [describe the offence] which is a Schedule 2 offence within the meaning of the Confiscation Act and a Restraining Order under section 18(2) was made by the [name] Court on [date]. 2. THE APPLICANT is— * the Director of Public Prosecutions * a prescribed person within the meaning of section 37 * a person belonging to a prescribed class of persons, namely: [identify class] 3. THE RESPONDENT(S) to this application is/are— * the person who has been charged with a Schedule 2 offence * the person in respect of whose property the Order is sought * a person who the Applicant has reason to believe has an interest in the property * the applicant for the Restraining Order which is in force * a person to whom the Court has required that notice be given Form 6–6F -- 133 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 126 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] 5. HAS ANY PREVIOUS APPLICATION been made under section 37(1) of the Confiscation Act in relation to the same Schedule 2 offence? * No such application has been made * Such an application was made on [date] but that application has not been finally determined * Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6F -- 134 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 127 Rule 6.08(1)(e) FORM 6–6G [heading as in Form 6–6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 45 FOR RELIEF FROM HARDSHIP TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name and address of the person making the application] ("the Applicant") INTENDS TO APPLY under section 45 of the Confiscation Act 1997 ("the Confiscation Act") FOR THE FOLLOWING ORDERS— (a) an order that an amount of [specify sum] be paid to [name of payee] out of the property forfeited in order to prevent hardship to [name of person for whose benefit this application is being made] (b) (if the person to benefit is under 18 years of age) such ancillary orders as will ensure that the amount so paid is properly applied THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because— * property has been forfeited under a forfeiture order or a civil forfeiture order made in respect of XY on [date] on the application of [name] * application has been made by [name] for a forfeiture order or a civil forfeiture order in respect of XY 2. THE APPLICANT *is/*is not a person under the age of 18 years. 3. THE RESPONDENT to this application *was/*is the applicant for the forfeiture order *made/*sought in respect of XY. 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application, including the facts relied upon to establish that the payment sought is reasonably necessary to prevent hardship to the person for whose benefit the application is made] Form 6–6G -- 135 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 128 *THE APPLICANT WILL RELY UPON the affidavit(s) made by [name of deponent(s)] filed in support of this application and be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6G -- 136 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 129 Rule 6.08(1)(f) FORM 6–6H [heading as in Form 6–6C] NOTICE OF APPLICATION TO BE MADE UNDER PART 6 OF THE CONFISCATION ACT FOR EXCLUSION ORDER TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name and address of the person making the application] ("the Applicant") INTENDS TO APPLY under section *49/*51/*53 of the Confiscation Act 1997 ("the Confiscation Act") FOR THE EXCLUSION FROM FORFEITURE of the following interest in property: [describe in detail the interest in property which it is sought to have excluded from forfeiture] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because certain property— * has been forfeited, or is sought to be forfeited, under a forfeiture order * has been forfeited under section 35 of the Confiscation Act * has been forfeited under section 38 of the Confiscation Act 2. THE APPLICANT is— *(a) in the case of an application under section 49 or 51, a person (other than the defendant) who claims an interest in the property or claims to have had an interest in the property immediately before it was forfeited; *(b) in the case of an application under section 53, a person (other than a person who is suspected to have committed the Schedule 2 offence in relation to which a restraining order was made against the property) who claims an interest in the property or claims to have had an interest in the property immediately before it was forfeited. Form 6–6H -- 137 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 130 3. THE RESPONDENT(S) to this application is/are— * the applicant for the forfeiture order * the Director of Public Prosecutions * a person who the Applicant has reason to believe has an interest in the property or had an interest in the property immediately before it was forfeited 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] 5. IF a forfeiture order has already been made or property has been forfeited under section 35 or 38, A TIME LIMIT APPLIES under section 49(2), 51(2) or 53(2) of the Confiscation Act and this application will be made— * within the period of 60 days after the day on which the forfeiture order was made or the property was forfeited (as the case may be) * after the end of that period of 60 days, but the Applicant will seek the leave of the Court to make this application out of time THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or the occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. Form 6–6H -- 138 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 131 If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6H -- 139 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 132 Rule 6.08(1)(g) FORM 6–6J [heading as in Form 6–6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 58 FOR PECUNIARY PENALTY ORDER TO: [full name and address of XY] ("the Respondent") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY FOR A PECUNIARY PENALTY ORDER under section 58 of the Confiscation Act 1997 ("the Confiscation Act"). THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because (or when) XY has been convicted of the offence of [describe the offence] which, within the meaning of the Confiscation Act 1997 ("the Confiscation Act"), is— * a Schedule 2 offence * a Schedule 1 offence other than a Schedule 2 offence 2. THE APPLICANT is the Director of Public Prosecutions. 3. THE RESPONDENT to this application is the person who has been convicted of (or if not yet convicted, has been charged with) the offence described above. 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] 5. IF the Respondent has already been convicted of the offence described above, A TIME LIMIT APPLIES under section 58(3) of the Confiscation Act and this application will be made— * before the end of the relevant period (as defined by the Confiscation Act) in relation to the conviction * after the end of the relevant period (as so defined), but the Applicant will seek the leave of the Court to make this application out of time Form 6–6J -- 140 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 133 6. HAS ANY PREVIOUS APPLICATION been made under section 58 of the Confiscation Act in relation to the same conviction? * No such application has been made * Such an application was made on [date] but that application has not been finally determined * Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application *7. THE APPLICANT will seek to have section 68 of the Confiscation Act applied in the assessment of the value of the benefits derived. *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6J -- 141 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 134 Rule 6.08(1)(h) FORM 6–6K [heading as in Form 6–6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION 63 FOR PECUNIARY PENALTY ORDER TO: [full name and address of XY] ("the Respondent") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY FOR A PECUNIARY PENALTY ORDER under section 63(1) of the Confiscation Act 1997 ("the Confiscation Act"). THE ADDRESS FOR SERVICE of the Applicant is [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because XY has been charged with the offence of [describe the offence] which is a Schedule 2 offence within the meaning of the Confiscation Act. 2. THE APPLICANT is— * the Director of Public Prosecutions * a prescribed person within the meaning of section 63 of the Confiscation Act * a person belonging to a prescribed class of persons, namely [identify class] 3. THE RESPONDENT to this application is the person who has been charged with the offence which is a Schedule 2 offence within the meaning of the Confiscation Act. 4. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] Form 6–6K -- 142 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 135 5. IF a Restraining Order is in force under Part 2 of the Confiscation Act, A TIME LIMIT APPLIES under section 63(3) and this application will be made— * within the period of 7 days after the making of the Restraining Order by the [name] Court on [date] * after the expiry of that period of 7 days, but the Applicant will seek the leave of the Court to make this application out of time 6. IF the charge against XY has been withdrawn or finally determined, A TIME LIMIT APPLIES under section 63(3A) of the Confiscation Act and this application will be made— * within the period of 6 months after the day on which the charge was withdrawn or finally determined, as the case may be * after the end of that period, but the Applicant will seek the leave of the Court to make this application out of time 7. HAS ANY PREVIOUS APPLICATION been made under section 63(1) of the Confiscation Act in relation to the same Schedule 2 offence? * No such application has been made * Such an application was made on [date] but that application has not been finally determined * Such an application was made on [date] and has been finally determined, but the Applicant will seek the leave of the Court to make this further application *8. THE APPLICANT will seek to have section 68 of the Confiscation Act applied in the assessment of the value of the benefits derived. *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or occasion]. [Signed by Prothonotary] Form 6–6K -- 143 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 136 NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6K -- 144 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 137 Rule 6.08(2) FORM 6–6L [heading as in Form 6–6C] NOTICE OF APPLICATION TO BE MADE UNDER SECTION [INSERT NUMBER] OF THE CONFISCATION ACT 1997 TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section [number] of the Confiscation Act 1997 ("the Confiscation Act") FOR THE FOLLOWING ORDER(S)— [set out in detail the order(s) sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because [set out circumstances giving rise to the jurisdiction, e.g. XY was convicted on [date] in the [name] Court of the offence of [describe] which is a Schedule 2 offence within the meaning of the Confiscation Act OR XY will be charged within 48 hours with an offence which is a Schedule 2 offence OR in respect of a Schedule 2 offence, a member of the police force suspects on reasonable grounds that the property of XY is tainted property in relation to that offence OR the Supreme Court of Victoria made a Restraining Order on [date] in relation to the property of XY OR application has been made to the Supreme Court of Victoria for a Restraining Order in relation to the property of XY, OR as the case requires] 2. THE APPLICANT is [describe the standing of the Applicant to make the application, e.g. the Director of Public Prosecutions OR a person who has an interest in the property which is subject to a Restraining Order made on [date] OR a person who is caused hardship by the forfeiture of property under an order made on [date] in respect of the property of XY, OR as the case requires] 3. *THE APPLICATION IS IN RESPECT OF the following property— [describe the property in detail] Form 6–6L -- 145 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 138 4. THE RESPONDENT(S) to this application is/are— [describe the standing of the person(s) to whom notice is given, e.g. the person who obtained the Restraining Order (or the Forfeiture Order, as the case may be) in respect of XY OR a person who the Applicant has reason to believe has an interest in the property or the Director of Public Prosecutions, OR as the case requires] 5. THE GROUNDS on which this application will be made are as follows— [set out in detail the grounds of the application] 6. A TIME LIMIT *does/*does not apply in respect of this application. [If a time limit does apply, state what that time limit is and whether it has been observed and, if not, state whether leave is sought to make the application out of time and on what grounds] *THE APPLICANT WILL RELY upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the trial Judge/*the Judge in the Practice Court at the [number] Court, 210 William Street, Melbourne, on [date] at [time of day or occasion]. [Signed by Prothonotary] NOTES FOR THE PERSON(S) ON WHOM THIS NOTICE IS SERVED You are entitled to appear and to give evidence at the hearing of the application, but your absence on that occasion will not prevent the Court from making an order. If you propose to contest this application, you are required to give the Applicant notice of the grounds on which the application is to be contested. The Rules of the Supreme Court also provide that evidence may be given by affidavit. You must serve on the Applicant any affidavit(s) on which you intend to rely. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–6L -- 146 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 139 FORM 6–6LA Rule 6.10(2) NOTICE OF OPPOSITION TO APPLICATION [Heading as Form 6–6C] TO: [full name and address of applicant] TAKE NOTICE THAT [full name of the person intending to oppose the application] INTENDS TO OPPOSE the application in this proceeding. THE GROUNDS on which this application will be opposed are as follows— [set out in detail the grounds of the opposition to the application] 1. 2. 3. THE ADDRESS FOR SERVICE of the person intending to oppose the application is [insert address] [If the person is legally represented] The name or firm and the business address within Victoria of the solicitor for [full name of person] is: Date: . [signed] __________________ Form 6–6LA -- 147 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 140 FORM 6–6M Rule 6.12(2) [heading as in Form 6–6C] IMPORTANT NOTE TO: [name and address of person being served with copy of Restraining Order] Enclosed is a copy of a Restraining Order made by the Supreme Court of Victoria on [date] in relation to the property of XY. The Order was made under Part 2 of the Confiscation Act 1997 of the State of Victoria. It was made for the purpose of satisfying automatic forfeiture of property that may occur under Division 2 of Part 3 of that Act. Accordingly, the restrained property is forfeited to the State on the expiry of 60 days after the making of this restraining order or (if later) the conviction of XY of the Schedule 2 offence in reliance upon which, or by reference to the charging or proposed charging of which, this Restraining Order was made UNLESS WITHIN THAT PERIOD OF 60 DAYS an application has been made for an exclusion order under section 22 of the Confiscation Act 1997. The circumstances in which the Court may make an exclusion order excluding property (including any interest in property) from the operation of the Restraining Order are set out in section 22. If you wish to make such an application, you should act promptly. Date: [Signed] [Whenever a Restraining Order is made by the Court under Part 2 of the Confiscation Act 1997 for the purpose of automatic forfeiture, the above IMPORTANT NOTE, or a note to like effect, is to accompany a copy of the Court's order when it is being served.] _______________ Form 6–6M -- 148 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 141 Rule 6.13(1) FORM 6–6N IN THE SUPREME COURT OF VICTORIA Proceeding No. AT IN THE MATTER OF THE Confiscation Act 1997 and IN THE MATTER of an offender or alleged offender, XY [name in full] NOTICE OF DISCHARGE OF FORFEITURE TO: [name and address of person(s) to whom this notice is to be given] TAKE NOTICE that— * a forfeiture order which was made by the Supreme Court of Victoria on [date] under Division 1 of Part 3 of the Confiscation Act 1997 has been discharged under section 46 of the Act * the automatic forfeiture of property under Division 2 of Part 3 of the Confiscation Act 1997 has been discharged under section 47 of the Act * a civil forfeiture order made by the Supreme Court of Victoria on [date] under Part 4 of the Confiscation Act 1997 has been discharged under section 48 of the Act otherwise than by payment in accordance with section 56 or 57 of the Act. THIS NOTICE is given by— * in the case of a forfeiture order or a civil forfeiture order, the person on whose application the order was made * in the case of automatic forfeiture, the Director of Public Prosecutions THIS NOTICE is given to you as— * a person who the person giving this notice has reason to believe may have had an interest in the property immediately before it was forfeited * a person to whom notice of the application for the civil forfeiture order was given under Part 4 of the Act * a person to whom, or as one within a class of persons to whom, the [name] Court has required that notice be given Form 6–6N -- 149 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 142 If you claim an interest in the property which was forfeited, you may make an application to the Minister under section 55 of the Act for the return of the property or its value. Date: [Signed] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6N -- 150 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 143 Rule 6.05(2) FORM 6–6O IN THE SUPREME COURT OF VICTORIA AT IN THE MATTER of the *Confiscation Act 1997/ *Proceeds of Crime Act 2002 of the Commonwealth and IN THE MATTER of an Application by AB [name in full] Applicant APPLICATION UNDER SECTION [insert relevant section and relevant Act] FOR MONITORING ORDER TO: the Prothonotary of the Supreme Court of Victoria TAKE NOTICE THAT [name of the person making the application] ("the Applicant") MAKES APPLICATION under * section 115 of the Confiscation Act 1997 ("the Confiscation Act") FOR A MONITORING ORDER directing a financial institution to give to [insert details of law enforcement agency] information in respect of transactions conducted through an account held by [specify details of account]. * section 219 of the Proceeds of Crime Act 2002 of the Commonwealth ("the Commonwealth Act") FOR A MONITORING ORDER directing a financial institution to give to [insert details of enforcement agency] information in respect of transactions conducted during a particular period through an account held by [specify details of account]. THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because— [specify details which support the making of the application] 2. THE APPLICANT is— * in the case of an application under the Confiscation Act— * a member of the police force; or * the Director, Police Integrity under section 102A(2) of the Police Regulation Act 1958. Form 6–6O -- 151 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 144 * in the case of an application under the Commonwealth Act, an authorised officer of an enforcement agency within the meaning of the Commonwealth Act. 3. THE APPLICATION IS IN RESPECT OF the following account— [insert relevant details] 4. THE GROUNDS on which this application is made are as follows— [set out in detail the grounds of the application] * THE APPLICANT RELIES upon the affidavit(s) made by [name of deponent(s)] filed in support of this application and to be served herewith, in the case of an application under the Confiscation Act. Date: [Signed by Applicant] PARTICULARS OF HEARING This application will be heard— by *the Judge in the Practice Court/*the trial Judge in the [number] Court at 210 William Street, Melbourne, on [date] *at [time]/*after sentence. [Signed by Prothonotary] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6–6O -- 152 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 145 Rule 7.03(1) FORM 6–7A IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Surveillance Devices Act 1999 and IN THE MATTER of an application for a warrant to use a surveillance device APPLICATION FOR WARRANT I, *[name of law enforcement officer], [rank/position of officer] of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/*[name of applicant] being a person acting on behalf of a law enforcement officer [insert name and rank of law enforcement officer on whose behalf this application is made and name of station/address of premises at which the law enforcement officer works] apply for the issue of a warrant authorising the use of— *a listening device; *an optical surveillance device; *a data surveillance device; *a tracking device. THE MAKING OF THIS APPLICATION has been approved by: *a senior officer of the law enforcement agency for which *the applicant works/*the law enforcement officer on whose behalf the application is made works [specify name and rank of senior officer and name of law enforcement agency] OR *an authorised police officer as defined in the Act [specify name and rank of police officer authorised by the Chief Commissioner under section 3(2) of the Act]. I *SUSPECT/*BELIEVE that— (a) the following offence [insert details of offence] *has been/*is being/*is about to be/*is likely to be committed; and Form 6–7A -- 153 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 146 (b) that for the purpose of— * an investigation into that offence; * enabling evidence or information to be obtained of the commission of that offence; * enabling evidence or information to be obtained of the identity or location of the offender— the use of the surveillance device(s) is or will be necessary. *THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application. OR *I BELIEVE THAT the immediate use of the surveillance device(s) is necessary for a purpose referred to in paragraph (b). It was impracticable for an affidavit to be prepared or sworn before this application was made for the following reasons: [insert reasons]. I undertake to send an affidavit to the Judge constituting the Court not later than the day following the making of this application, whether or not a warrant has been issued. Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–7A -- 154 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 147 Rule 7.03(2) FORM 6–7B IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Surveillance Devices Act 1999 and IN THE MATTER of an application for a retrieval warrant APPLICATION FOR RETRIEVAL WARRANT I, *[name of law enforcement officer], [rank/position of officer] of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/*[name of applicant] being a person acting on behalf of a law enforcement officer [insert name and rank of law enforcement officer on whose behalf this application is made and name of station/address of premises at which the law enforcement officer works]— *SUSPECTING/*BELIEVING that a surveillance device, namely a [describe type of surveillance device], that was lawfully installed on premises at [insert address or other description of premises] or in or on an object [insert description and location of object], is still *on those premises/*in or on that object, APPLY under section 20C of the Surveillance Devices Act 1999 for the issue of a warrant authorising the retrieval of the device. THE MAKING OF THIS APPLICATION has been approved by: *a senior officer of the law enforcement agency for which *the applicant works/*the law enforcement officer on whose behalf the application is made works [specify name and rank of senior officer and name of law enforcement agency] OR *an authorised police officer as defined in the Act [specify name and rank of police officer authorised by the Chief Commissioner under section 3(2) of the Act]. THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application. OR Form 6–7B -- 155 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 148 *I believe that the immediate retrieval of the surveillance device(s) is necessary. It was impracticable for an affidavit to be prepared or sworn before this application was made for the following reasons: [insert reasons]. I undertake to send an affidavit to the Judge constituting the Court not later than the day following the making of this application, whether or not a warrant has been issued. Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–7B -- 156 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 149 Rule 7.03(3) FORM 6–7C IN THE SUPREME COURT OF VICTORIA IN THE MATTER of the Surveillance Devices Act 1999 and IN THE MATTER of an application for an assistance order. APPLICATION FOR ASSISTANCE ORDER I, [name of law enforcement officer], [rank/position of officer] of [organisation to which officer belongs] at [name of station/address of premises at which officer works] *HAVING APPLIED for/*INTENDING TO APPLY for a warrant under Division 1 of Part 4 of the Surveillance Devices Act 1999 ("the Act") AND BELIEVING that it is necessary to obtain the assistance of another person for the effective execution of the warrant HEREBY APPLY under section 21 of the Act for an Order directing [insert name and address of person against whom the order is sought] to assist in the execution of [describe or otherwise identify the warrant in respect of which the order is sought] by [insert details of the kind of assistance that the person is to give] in the following manner: [insert details of the manner in which the assistance is to be given]. *IT IS PROPOSED that the Order should be subject to the following conditions [describe conditions, if any]. THE MAKING OF THIS APPLICATION has been approved by: *a senior officer of the law enforcement agency for which *the applicant works/*the law enforcement officer on whose behalf the application is made works [specify name and rank of senior officer and name of law enforcement agency] OR *an authorised police officer as defined in the Act [specify name and rank of police officer authorised by the Chief Commissioner under section 3(2) of the Act]. Form 6–7C -- 157 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 150 THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application. Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable. _______________ Form 6–7C -- 158 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 151 Rule 7.05 FORM 6–7D IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Surveillance Devices Act 1999 And IN THE MATTER of an application for a warrant to use a surveillance device WARRANT THIS SURVEILLANCE DEVICE WARRANT is issued under the Surveillance Devices Act 1999 ("the Act") by Justice [insert name of Judge], a Judge of the Supreme Court of Victoria, upon the application dated [insert date] of *[name of law enforcement officer making the application for the warrant], [rank/position of officer], of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/*[name of applicant] being a person acting on behalf of a law enforcement officer ("the applicant"). *THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of the affidavit or each affidavit relied upon]. THE JUDGE IS SATISFIED OF THE MATTERS REFERRED TO IN SECTION 17(1) OF THE ACT AND IN PARTICULAR— (a) that there are reasonable grounds for the applicant's suspecting or believing— (i) that the offence specified below *has been/*is being/*is about to be/*is likely to be committed; and (ii) that the use of the surveillance device(s) specified below is or will be necessary for the purpose of an investigation into that offence or of enabling evidence or information to be obtained of the commission of that offence or of the identity or location of the offender(s); and *(b) (in the case of an unsworn application as defined in the Act) that it would have been impracticable for an affidavit to have been made before the application was made; and *(c) (in the case of a remote application as defined in the Act) that it would have been impracticable for the applicant to have applied in person for the warrant. Form 6–7D -- 159 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 152 IN DETERMINING WHETHER the warrant should be issued the Judge has had regard to the several matters referred to in section 17(2) of the Act. MATTERS SPECIFIED FOR THE PURPOSES OF SECTIONS 18 AND 19 OF THE ACT NAME OF APPLICANT [insert name of applicant] ALLEGED OFFENCE The alleged offence in respect of which this warrant is issued is [specify alleged offence]. DATE OF WARRANT [insert date] KIND OF SURVEILLANCE DEVICE This warrant authorises the use of the following kinds of surveillance device: *a data surveillance device; *a listening device; *an optical surveillance device; *a tracking device. *PREMISES This warrant authorises the use of the specified surveillance device(s) on particular premises, namely: [insert details of premises] *OBJECT(S) This warrant authorises the use of the specified surveillance device(s) in or on a particular object or class of object, namely: [insert details of object(s)] *PERSONS This warrant authorises the use of the specified surveillance device(s) in respect of the conversations, activities or geographical location of a particular person or persons, as follows: [insert name of person or persons, if known] Form 6–7D -- 160 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 153 *CONCEALMENT This warrant authorises the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the installation, maintenance or retrieval of a surveillance device or enhancement equipment under the warrant. PERIOD OF WARRANT The period for which this warrant is in force begins on [insert date (and time, if applicable)] and ends on [insert date (and time, if applicable)], both inclusive. OFFICER PRIMARILY RESPONSIBLE FOR EXECUTION OF WARRANT The name of the law enforcement officer primarily responsible for executing this warrant is [insert the name of law enforcement officer]. *CONDITIONS OF WARRANT This warrant is subject to the following conditions: [insert any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant]. TIME FOR REPORT The *applicant or the *law enforcement officer primarily responsible for executing this warrant must report under section 30K of the Act to the Judge who issued this warrant on or before [insert date and time]. [signature of Judge] [name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–7D -- 161 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 154 Rule 7.06 FORM 6–7E IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Surveillance Devices Act 1999 and IN THE MATTER of an application for a retrieval warrant RETRIEVAL WARRANT THIS RETRIEVAL WARRANT is issued under the Surveillance Devices Act 1999 ("the Act") by Justice [insert name of Judge] a Judge of the Supreme Court of Victoria, upon the application dated [insert date] of *[name of law enforcement officer making the application for the warrant], [rank/position of officer], of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/*[name of applicant] being a person acting on behalf of a law enforcement officer ("the applicant"). *THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of each affidavit relied upon by the applicant] THE JUDGE IS SATISFIED OF THE MATTERS REFERRED TO IN SECTION 20E(1) OF THE ACT AND IN PARTICULAR— (a) that there are reasonable grounds for the applicant's suspecting or believing that a surveillance device that was lawfully installed on premises, or in or on an object, under a surveillance device warrant is still on those premises or in or on that object or on other premises or in or an another object; and *(b) (in the case of an unsworn application as defined in the Act) that it would have been impracticable for an affidavit to have been made before the application was made; and *(c) (in the case of a remote application as defined in the Act) that it would have been impracticable for the applicant to have applied in person for the warrant. Form 6–7E -- 162 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 155 IN DETERMINING WHETHER this warrant should be issued, the Judge has had regard to the several matters referred to in section 20E(2) of the Act. MATTERS SPECIFIED FOR THE PURPOSES OF SECTIONS 20F AND 20G OF THE ACT NAME OF APPLICANT [insert name of applicant] DATE OF WARRANT [insert date] KIND OF SURVEILLANCE DEVICE AUTHORISED TO BE RETRIEVED This warrant authorises the retrieval of the following kinds of surveillance device that were lawfully *installed on premises/*in or on an object or class of object under a warrant: *a data surveillance device; *a listening device; *an optical surveillance device; *a tracking device. *If this warrant authorises the retrieval of a tracking device, the warrant also authorises the use of a tracking device and any enhancement equipment in relation to the device solely for the purposes of the location and retrieval of the device or equipment. *PREMISES This warrant authorises the retrieval of the specified surveillance device(s) from particular premises, namely: [insert details of premises] *OBJECT(S) This warrant authorises the retrieval of the specified surveillance device(s) from a particular object or class of object, namely: [insert details of object(s)] THIS WARRANT ALSO AUTHORISES— 1. the entry, by force if necessary, onto the premises where the surveillance device is reasonably believed to be, or other premises adjoining or providing access to those premises, for the purpose of retrieving the device and equipment; and 2. the breaking open of any thing for the purpose of the retrieval of the device and equipment; and Form 6–7E -- 163 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 156 3. if the device or equipment is installed on or in an object, the temporary removal of the object from any place where it is situated for the purpose of the retrieval of the device and equipment and the return of the object to that place; and 4. the provision of assistance or technical expertise to the law enforcement officer primarily responsible for executing the warrant in the retrieval of the device or equipment. *CONCEALMENT This warrant authorises the doing of anything reasonably necessary to conceal the fact that anything has been done in relation to the retrieval of a surveillance device or enhancement equipment under the warrant. PERIOD OF WARRANT (NOT EXCEEDING 90 DAYS) The period for which this warrant is in force begins on [insert date (and time if applicable)] and ends on [insert date (and time if applicable)], both inclusive. OFFICER PRIMARILY RESPONSIBLE FOR EXECUTION OF WARRANT The law enforcement officer primarily responsible for executing this warrant is [insert the name of law enforcement officer primarily responsible for executing this warrant]. *CONDITIONS OF WARRANT This warrant is subject to the following conditions: [insert any conditions subject to which the premises may be entered or devices may be retrieved under the warrant]. TIME FOR REPORT The *applicant or the *law enforcement officer primarily responsible for executing this warrant person must report under section 30K of the Act to the Judge who issued this warrant on or before [insert date and time]. [signature of Judge] [name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–7E -- 164 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 157 Rule 7.07(1) FORM 6–7F IN THE SUPREME COURT OF VICTORIA IN THE MATTER of the Surveillance Devices Act 1999 and IN THE MATTER of an application for an assistance order ASSISTANCE ORDER THE COURT ORDERS THAT: 1. [insert name and address of person(s)] assist in the execution of [describe or otherwise identify warrant] by [insert details of the kind of assistance that the person must give] in the following manner: [insert details of the manner in which the assistance must be given]. *2. The following conditions apply: [insert any conditions subject to which the order is made] INFORMATION FOR PERSON(S) DIRECTED TO ASSIST This order has effect only during the period in which the warrant described above is in force. The warrant is in force from [date (and time, if applicable) warrant starts/started] to [date (and time, if applicable) warrant is to end]. Sections 23 and 24 of the Surveillance Devices Act 1999 provide as follows: [insert copy of sections 23 and 24 of the Surveillance Devices Act 1999] Date: [signature of Judge] * Delete if not applicable _______________ Form 6–7F -- 165 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 158 Rule 7.07(3) FORM 6–7G ENDORSEMENT OF ASSISTANCE ORDER On [insert date] in the Supreme Court of Victoria, the Honourable [insert name of Judge] made an assistance order under section 22 of the Surveillance Devices Act 1999. The order was that [set out paragraph 1 of the order]. *The following conditions applied [set out paragraph 2 of the order]. * Delete if not applicable __________________ Form 6–7G -- 166 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 159 Rule 9.03 FORM 6–9A IN THE SUPREME COURT OF VICTORIA AT IN THE MATTER of the Witness Protection Act 1991 and IN THE MATTER of an application for an application for an order under section 6 of the Act. APPLICATION I, [name ], being the Chief Commissioner of Police for Victoria HEREBY APPLY, pursuant to section 6 of the Witness Protection Act 1991, for an order authorizing [name of member of police force], [rank of member of police force] of Police of [name of station or address of premises at which member works] to make a new entry in the register of births or register of marriages maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996 in respect of [name of participant or name of participant and specified members of the family of the participant]. Date: [signed] _______________ Form 6–9A -- 167 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 160 Rule 10.03 FORM 6–10A NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE ACT 1958 IN THE SUPREME COURT OF VICTORIA 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] _______________ Form 6–10A -- 168 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 161 Rules 10.04, 10.05 and 10.06 FORM 6–10B NOTICE OF APPLICATION UNDER SECTION 42M, 42N OR 42P OF THE EVIDENCE ACT 1958 IN THE SUPREME COURT OF VICTORIA 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 Prothonotary) The application will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [date] at [time] or so soon afterwards as the business of the Court allows. FILED: _______________ Form 6–10B -- 169 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 162 Rule 11.03 FORM 6–11A IN THE SUPREME COURT OF VICTORIA AT IN THE MATTER of Part 2 of the Terrorism (Community Protection) Act 2003 and IN THE MATTER of an application for a covert search warrant. APPLICATION FOR COVERT SEARCH WARRANT I, [name], [rank/position] of the police force of Victoria of [name of station or address of premises at which member works] with the approval of *the Chief Commissioner/*a Deputy Commissioner *an Assistant Commissioner apply under Part 2 of the Terrorism (Community Protection) Act 2003 for the issue of a covert search warrant in respect of premises at: [insert address or location of any premises sought to be entered and searched]. I *suspect/*believe on reasonable grounds that— (a) a terrorist act has been, is being, or is likely to be, committed; and (b) the entry and search of the premises would substantially assist in preventing or responding to that terrorist act or suspected terrorist act; and (c) it is necessary for that entry and search to be conducted without the knowledge of any occupier of the premises. THIS APPLICATION is made upon the following grounds—[insert] *I RELY upon the acts, facts, matters and circumstances set out in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application. OR *THIS APPLICATION is made in urgent circumstances and I consider it necessary to apply for the immediate issue of a covert search warrant by telephone. I rely upon the unsworn affidavit of [name] that was transmitted to the Court by facsimile on [date]. [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *delete if not applicable _______________ Form 6–11A -- 170 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 163 Rule 11.05 FORM 6–11B IN THE SUPREME COURT OF VICTORIA AT IN THE MATTER of Part 2 of the Terrorism (Community Protection) Act 2003 and IN THE MATTER of an application for a covert search warrant. COVERT SEARCH WARRANT THIS WARRANT is issued under Part 2 of the Terrorism (Community Protection) Act 2003 ("the Act") by the Supreme Court of Victoria upon the application of [name of member of the police force of Victoria making the application for the warrant], ("the applicant") [rank/position of officer], of the police force of Victoria at [name of station/address of premises at which officer works]. THIS WARRANT relates to premises at [insert address or location of any premises sought to be entered and searched] ("the premises") and to premises at [insert address] which adjoin or provide access to the premises. *THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of each affidavit relied upon by the applicant] and THE COURT WAS SATISFIED that there were reasonable grounds for the suspicion or belief founding the application for the warrant. THIS WARRANT is issued for the purpose of assisting in the prevention of, or response to the following terrorist act or suspected terrorist act—[insert description]. THIS WARRANT is in force for [insert a number not to exceed 30] days from the date of issue and authorises the applicant [and, if relevant, name of or a description of any other person] to enter the premises *once only/*[insert number] times. *The names of the occupiers of the premises are *known as [insert names]/ *not known. *The following is the name or description of the kind of thing to be searched for, seized, copied, photographed, recorded, operated, printed, tested or sampled—[set out name or description etc.]. *THIS WARRANT is subject to the following conditions—[set out conditions]. Form 6–11B -- 171 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 164 THIS WARRANT AUTHORISES the applicant, together with [name of or a description of any other person] and with any necessary equipment to enter, by force or impersonation if necessary— (a) the premises at [insert address]; *(b) and the premises at [address] adjoining or providing access to those premises— for the following purposes— *(i) to search the premises for [name or description of kind of thing]; *(ii) to seize [name or description of kind of thing]; *(iii) to place any thing of that kind on the premises in substitution for a thing seized under paragraph (ii); *(iv) to copy, photograph or otherwise record a [description of kind of thing]; *(v) to operate any electronic equipment that is on the premises and copy, print or otherwise record information from that equipment; *(vi) to test, or take and keep a sample of [description of kind of thing]. Date of issue: [Signature of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– *Delete if not applicable. __________________ Form 6–11B -- 172 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 165 Rule 12.03 FORM 6–12A IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Serious Sex Offenders Monitoring Act 2005 and IN THE MATTER of an application under section 5 of the Act for an extended supervision order. BETWEEN The Secretary to the Department of Justice Applicant and C.D. Respondent APPLICATION FOR EXTENDED SUPERVISION ORDER The Secretary to the Department of Justice applies under section 5 of the Serious Sex Offenders Monitoring Act 2005 ("the Act") for an extended supervision order in respect of C.D. who is an eligible offender within the meaning of the Act. THIS APPLICATION is made upon the grounds that if C.D. is not made subject to an extended supervision order, there is a high degree of probability that C.D. is likely to commit a relevant offence as defined in the Act if released in the community on completion of the service of the custodial sentence that *he/*she is serving at the time at which this application is made. THE PARTICULARS of the relevant offence as defined in the Act in respect of which a custodial sentence as defined in the Act was imposed on C.D. are: [insert particulars]. THE PARTICULARS of the custodial sentence as defined in the Act which was imposed on C.D. are: [insert particulars]. THE RELEVANT *offence/*offences which it is likely that C.D. will commit if released in the community on completion of the service of the custodial sentence that *he/*she is serving at the time at which this application is made *is/*are: [specify relevant offence or offences]. Form 6–12A -- 173 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 166 THE GROUNDS on which the likelihood is founded that there is a high degree of probability that C.D. is likely to commit a relevant offence or relevant offences if released in the community on completion of the service of the custodial sentence that *he/*she is serving at the time at which this application is made are: [specify grounds] THE PERIOD sought for the duration of the extended supervision order is: [insert period, not exceeding 15 years] Dated: [Applicant's signature] for and on behalf of the Secretary to the Department of Justice ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–12A -- 174 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 167 Rule 12.04 FORM 6–12B [heading as in Form 6–12A] EXTENDED SUPERVISION ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] OTHER MATTERS: THE COURT IS SATISFIED to a high degree of probability that the offender C.D. is likely to commit a relevant offence as defined in the Serious Sex Offenders Monitoring Act 2005 *if released/*having been released in the community on completion of the service of the custodial sentence that *he/*she *is serving/*was serving at the time at which the application was made, if C.D. is not made subject to an extended supervision order. THE COURT ORDERS THAT: 1. C.D. is subject to an extended supervision order under the Serious Sex Offenders Monitoring Act 2005 ("the Act"). 2. THIS ORDER commences on: 3. THE PERIOD for which this order remains in force is: [insert period, not exceeding 15 years] 4. THE LATEST DATE by the first review of this order under Division 3 of Part 2 of the Act must be undertaken is: [insert period, being not later than 3 years after order is first made] 5. THE MAXIMUM INTERVALS between subsequent reviews of this order is: [insert period, being no more than intervals of 3 years] Form 6–12B -- 175 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 168 6. PURSUANT TO section 15(3) of the Act, the conditions of this order are that, during the period of the order, C.D. must— 1. not commit, whether in or outside Victoria, another relevant offence as defined in the Act or an offence that, if committed in Victoria, would be a relevant offence. 2. attend at any place as directed by the Secretary to the Department of Justice or the Adult Parole Board for the purpose of supervision, assessment or monitoring. 3. report to, and receive visits from, the Secretary to the Department of Justice or any person nominated by the Secretary to the Department of Justice for the purposes of section 15(3)(c) of the Act. 4. notify the Secretary to the Department of Justice of any change of name or employment at least 2 clear working days before the change. 5. not move to a new address without the prior written consent of the Secretary to the Department of Justice. 6. not leave Victoria except with the permission of the Secretary to the Department of Justice granted either generally or in relation to the particular case. 7. obey all lawful instructions and directions of the Secretary to the Department of Justice given under section 16(1) of the Act. 8. obey all lawful instructions and directions of the Adult Parole Board given under section 16(2) of the Act. [signature of Judge] [name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ Form 6–12B -- 176 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 169 Rule 12.05 FORM 6–12C [heading as in Form 6–12A] APPLICATION FOR REVIEW OF EXTENDED SUPERVISION ORDER *The Secretary to the Department of Justice applies under section *21(2)(a)/*21(2)(b) of the Serious Sex Offenders Monitoring Act 2005 ("the Act") for a review of the extended supervision order made by the Court [insert date of order]. *I, C.D. apply under section 21(3) of the Serious Sex Offenders Monitoring Act 2005 ("the Act") for leave of the Court to apply for a review of the extended supervision order made by the Court [insert date and relevant details of order] and a review of that extended supervision order. THIS APPLICATION is made for the purpose of determining whether *C.D./*I should remain subject to the extended supervision order made in respect of *him/*her/*me. THE PARTICULARS of the extended supervision order to which *C.D. is/*I am subject are: [insert particulars]. *THE EXTENDED SUPERVISION ORDER should be revoked because there is *not/*no longer a high degree of probability that *C.D. is/*I am likely to commit a relevant offence or relevant offences if in the community and not subject to that extended supervision order. *THE EXTENDED SUPERVISION ORDER should not be revoked because there is a high degree of probability that C.D. is likely to commit a relevant offence or relevant offences if in the community and not subject to that extended supervision order. THE GROUNDS on which this application is made are: [specify grounds] Dated: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–12C -- 177 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 170 Rule 12.06(2) FORM 6–12D [heading as in Form 6–12A] NOTICE OF INTENTION TO DISPUTE ASSESSMENT REPORT OR OTHER REPORT TO COURT OF MEDICAL EXPERT To the Prothonotary TAKE NOTICE THAT: *The Secretary to the Department of Justice intends under *section 11(4)/*section 23(4) of the Serious Sex Offenders Monitoring Act 2005 ("the Act") to dispute the *whole of/*part of *an assessment report/*a report made to the Court by a medical expert. *I, C.D. intend under *section 11(4)/*section 23(4) of the Serious Sex Offenders Monitoring Act 2005 ("the Act") to dispute the *whole of/*part of *an assessment report/*a report made to the Court by a medical expert. PARTICULARS I INTEND TO DISPUTE: *the whole of the assessment report [identify report] *part of the assessment report [identify report and part disputed] *the whole of a report made to the Court by a medical expert [identify report] *part of a report made to the Court by a medical expert [identify report and part disputed] THE GROUNDS on which I intend to dispute *the report/*part of the report are [insert brief description of grounds]. Dated: [Signature of party giving notice or party's legal advisor] Form 6–12D -- 178 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 171 NOTE Rule 12.06(1) of Chapter VI of the Rules of the Supreme Court requires this notice to be served in accordance with section 45 of the Act and that Rule on the other party to the application for an extended supervision order as soon as practicable and not less than 10 days before the hearing of the application. * Delete if not applicable __________________ Form 6–12D -- 179 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 172 Rule 12.07 FORM 6–12E [heading as in Form 6–12A] ORDER TO ATTEND FOR EXAMINATION JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] THE COURT ORDERS THAT under section 28 of the Serious Sex Offenders Monitoring Act 2005 ("the Act") C.D. attend for personal examination by a medical expert or other person [insert name and address or other relevant details of expert or other person who is to conduct the personal examination of the offender and time and place for attendance for examination] for the purposes of enabling that expert or other person to make a report or give evidence to the Court. [Signature of Judge] NOTE To C.D.: This order requires you to attend a personal examination. Section 28(2) of the Serious Sex Offenders Monitoring Act 2005 provides that you cannot be compelled to submit to an examination or to actively cooperate in the carrying out of an examination. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ Form 6–12E -- 180 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 173 Rule 12.09(1) FORM 6–12F IN THE SUPREME COURT OF VICTORIA AT IN THE COURT OF APPEAL 20 No. IN THE MATTER of an appeal under Part 3 of the Serious Sex Offenders Monitoring Act 2005 BETWEEN A.B. Appellant and The Secretary to the Department of Justice Respondent NOTICE OF APPEAL To: the Registrar of Criminal Appeals: And to: the respondent 1. TAKE NOTICE that the appellant A.B. appeals to the Court of Appeal under section 36(2) of the Serious Sex Offenders Monitoring Act 2005 against: *a decision made on [date] by [identify court and Judge] to make an extended supervision order in respect of the appellant *a decision made on [date] by [identify court and Judge] to renew an extended supervision order in respect of the appellant previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] on a review initiated by the appellant under section 21(3) of the Act, not to revoke an extended supervision order previously made on [date] by [identify court and Judge]. 2. THE GROUNDS of the appeal are: [state briefly the grounds of the appeal] 3. THE ORDERS sought on appeal are: [state orders sought] 4. Name and address of solicitor who represented appellant in the court where the decision being appealed was made: Form 6–12F -- 181 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 174 5. Name of counsel (if any) who represented appellant in the court where the decision being appealed was made: 6. State whether you wish to be present at the hearing of this proceeding: 7. State whether you wish to attend by audio visual link at the hearing of this proceeding: Dated: [Signed by Appellant or legal practitioner on behalf of Appellant] *[If signed by legal practitioner] The name and address for service are as follows: [insert] * Delete if not applicable IMPORTANT NOTES: 1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraphs 6 and 7 accordingly or otherwise notify the Registrar of Criminal Appeals in writing of your wish. 2. Your attention is drawn to the procedure for appeals set out in section 38 of the Serious Sex Offenders Monitoring Act 2005 and the powers of the Court of Appeal under section 39 of the Act. As soon as practicable after giving notice of appeal to the Court of Appeal, you must cause a copy of the notice to be served on the respondent to the appeal. 3. Under section 38(4) of the Serious Sex Offenders Monitoring Act 2005, the giving of this notice of appeal does not stay the operation of the decision being appealed, unless the court that made that decision or the Court of Appeal otherwise orders. __________________ Form 6–12F -- 182 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 175 Rule 12.09(2) FORM 6–12G IN THE SUPREME COURT OF VICTORIA AT IN THE COURT OF APPEAL 20 No. IN THE MATTER of an appeal under Part 3 of the Serious Sex Offenders Monitoring Act 2005 BETWEEN The Secretary to the Department of Justice Appellant and A.B. Respondent NOTICE OF APPEAL To: the Registrar of Criminal Appeals: And to: the respondent 1. TAKE NOTICE that the appellant THE SECRETARY TO THE DEPARTMENT OF JUSTICE appeals to the Court of Appeal under section 37(2) of the Serious Sex Offenders Monitoring Act 2005 against: *a decision made on [date] by [identify court and Judge] not to make an extended supervision order in respect of A.B. who is an eligible offender within the meaning of the Act. *a decision made on [date] by [identify court and Judge] not to renew the extended supervision order in respect of A.B. previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] to revoke the extended supervision order previously made in respect of A.B. on [date] by [identify court and Judge], on a determination made under section 23 of the Act. 2. THE GROUNDS of the appeal are: [state briefly the grounds of the appeal] 3. THE ORDERS sought on appeal are: [state orders sought] Form 6–12G -- 183 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 176 4. As required by section 38(2) of the Serious Sex Offenders Monitoring Act 2005, this notice of appeal is accompanied by a notice in the prescribed form as contained in the regulations made under that Act setting out the offender's rights in relation to, and the procedure for the hearing and determination of, the appeal. Dated: [Signed by for and on behalf of the Secretary to the Department of Justice] * Delete if not applicable IMPORTANT NOTE: To the respondent: Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should notify the Registrar of Criminal Appeals in writing of your wish. __________________ Form 6–12G -- 184 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 177 Rule 13.04 FORM 6–13A IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Major Crime (Investigative Powers) Act 2004 and IN THE MATTER of an application by A.B., the applicant, under section 5(1) of the Act for a coercive powers order. APPLICATION FOR COERCIVE POWERS ORDER I, [name], [rank/position] of the police force of Victoria of [name of station or address of premises at which member works] with the approval of *the Chief Commissioner/*delegate of the Chief Commissioner [specify name and rank of person approving the application] apply under section 5(1) of the Major Crime (Investigative Powers) Act 2004 ("the Act") for a coercive powers order authorising the use in accordance with the Act of powers provided by the Act for the purpose of investigating an organised crime offence. I SUSPECT on reasonable grounds that an organised crime offence *has been, *is being, or *is likely to be, committed. THE PARTICULARS of the organised crime offence in respect of which the coercive powers order is sought are: [insert particulars]. THE NAME of each alleged offender is: [insert name or, if the name is unknown, state that the offender is unknown] THE PERIOD sought for the duration of the coercive powers order is: [insert period, not exceeding 12 months] *I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application. *THIS APPLICATION is made in circumstances where I believe that the delay caused in complying with section 5(4) of the Act may prejudice the success of the investigation into the organised crime offence in respect of which this application is made. It was impracticable for an affidavit to be prepared or sworn before this application was made for the following reasons: [insert reasons and specify grounds for making the application] *I RELY upon my affidavit prepared but not sworn that was provided to the Court on [date]. Form 6–13A -- 185 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 178 I undertake to the Court to send a duly sworn affidavit to the Judge constituting the Court not later than the day following the making of the application, whether or not a coercive powers order is made. Dated: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–13A -- 186 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 179 Rule 13.05 FORM 6–13B [heading as in Form 6–13A] COERCIVE POWERS ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] OTHER MATTERS: THE COURT IS SATISFIED— (a) that there are reasonable grounds for the suspicion founding the application for the order; and (b) that it is in the public interest to make the order, having regard to— (i) the nature and gravity of the alleged organised crime offence in respect of which the order is sought; and (ii) the impact of the use of coercive powers on the rights of members of the community. THE ORGANISED CRIME OFFENCE in respect of which this order is made is: [specify organised crime offence]. THE NAME of each alleged offender is: [insert names or, if the name is unknown, state that the offender is unknown] THE NAME AND RANK of the member of the police force of Victoria who made the application is: THE NAME AND RANK of the person who approved the application is: THE COURT ORDERS THAT, in accordance with the Major Crime (Investigative Powers) Act 2004, the use of the powers provided by the Act is authorised for the purposes of investigating the organised crime offence in respect of which this order is made. Form 6–13B -- 187 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 180 THE PERIOD for which this order remains in force is: [insert period, not exceeding 12 months] *THE USE OF COERCIVE POWERS under this order is subject to the following conditions—[specify conditions]. [signature of Judge] [name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–13B -- 188 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 181 Rule 13.06 FORM 6–13C IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Major Crime (Investigative Powers) Act 2004 and IN THE MATTER of an application by A.B. under section 14(3) of the Act for the issue of a witness summons. APPLICATION FOR ISSUE OF WITNESS SUMMONS I, [name], [rank/position] of the police force of Victoria of [name of station or address of premises at which member works] apply under section 14(3) of the Major Crime (Investigative Powers) Act 2004 ("the Act") for the issue of— *(a) a summons to attend an examination before the Chief Examiner to give evidence; *(b) a summons to attend at a specified time and place to produce specified documents or other things to the Chief Examiner; *(c) a summons to attend an examination before the Chief Examiner to give evidence and produce specified documents or other things. *THIS APPLICATION is made at the same time as an application for the making of a coercive powers order. *A COERCIVE POWERS ORDER is in force [insert date of making of order and brief description of details of order]. THE PERSON to whom the summons is to be directed is: [insert name] THE REASON why a summons is needed for the person to whom it is directed is: [insert reason] THE EVIDENTIARY OR INTELLIGENCE VALUE of the information sought to be obtained from the person to whom the summons is directed is: [indicate evidentiary or intelligence value] *I SUSPECT that the person to whom the summons is to be directed has a mental impairment. Form 6–13C -- 189 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 182 *I *SUSPECT/*KNOW that the person to whom the summons is to be directed is under the age of 18 years. I *suspect/*know that the person's age is: [insert age]. Dated: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–13C -- 190 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 183 Rule 13.07 FORM 6–13D IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Major Crime (Investigative Powers) Act 2004 and IN THE MATTER of an application by A.B. under section 18(2) of the Act. APPLICATION FOR ORDER UNDER SECTION 18(2) OF THE MAJOR CRIME (INVESTIGATIVE POWERS) ACT 2004 I, [name], [rank/position] of the police force of Victoria of [name of station or address of premises at which member works] apply under section 18(2) of the Major Crime (Investigative Powers) Act 2004 ("the Act") for an order that a person held in a prison or police gaol be delivered into my custody for the purpose of bringing the person before the Chief Examiner to give evidence at an examination. THE PERSON in respect of whom the order is sought is: [insert name and other details e.g. address of prison or police gaol where the person is held] THE REASON why an order is needed for the person to whom it is directed is: [insert reason] THE EVIDENTIARY OR INTELLIGENCE VALUE of the information sought to be obtained from the person to whom the order is directed is: [indicate evidentiary or intelligence value] *I SUSPECT that the person to whom the order is to be directed has a mental impairment. *I *SUSPECT/*KNOW that the person to whom the order is to be directed is under the age of 18 years. I *suspect/*know that the person's age is: [insert age]. Dated: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–13D -- 191 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 184 Rule 14.04(1) FORM 6–14A IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Crimes (Assumed Identities) Act 2004 and IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004 APPLICATION I, *[name and rank of applicant], being *(a) the chief officer of a law enforcement agency; *(b) a senior officer within the meaning of the Crimes (Assumed Identities) Act 2004 of a law enforcement agency to whom the chief officer referred to in subparagraph (a) has delegated his or her functions under section 34(2) of that Act; *(c) the corresponding chief officer of a corresponding participating agency within the meaning of the Crimes (Assumed Identities) Act 2004; APPLY under section 10 of the Crimes (Assumed Identities) Act 2004 for the making of an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or a corresponding authority. THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application. Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–14A -- 192 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 185 Rule 14.04(2) FORM 6–14B IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Crimes (Assumed Identities) Act 2004 and IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004 APPLICATION I, *[name and rank of applicant], being *(a) the chief officer of a law enforcement agency; *(b) a senior officer within the meaning of the Crimes (Assumed Identities) Act 2004 of a law enforcement agency to whom the chief officer referred to in subparagraph (a) has delegated his or her functions under section 34(2) of that Act; *(c) the corresponding chief officer of a corresponding participating agency within the meaning of the Crimes (Assumed Identities) Act 2004; and HAVING BEEN the applicant for the order under section 10 of the Crimes (Assumed Identities) Act 2004 in respect of which this cancellation is sought, APPLY under section 12 of the Crimes (Assumed Identities) Act 2004 for the cancellation of the entry that has been made in the Register under the Births, Deaths and Marriages Registration Act 1996 under section 10 of the Crimes (Assumed Identities) Act 2004 made [insert date of order under section 10 of that Act]. THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application. Date: [Applicant's signature] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable __________________ Form 6–14B -- 193 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 186 Rule 14.06(1) FORM 6–14C IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Crimes (Assumed Identities) Act 2004 and IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004 ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] OTHER MATTERS: THE COURT ORDERS THAT: 1. In accordance with section 10 of the Crimes (Assumed Identities) Act 2004, the Registrar of Births, Deaths and Marriages make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or corresponding authority within the meaning of the Crimes (Assumed Identities) Act 2004. The particulars to be entered in the Register are as follows: [state required particulars]. 2. The Registrar of Births, Deaths and Marriages give effect to this order within the period of [state period within which order is to be given effect]. [signature of Judge] [name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ Form 6–14C -- 194 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 187 Rule 14.06(2) FORM 6–14D IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Crimes (Assumed Identities) Act 2004 and IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004 ORDER JUDGE: DATE MADE: ORIGINATING PROCESS: HOW OBTAINED: ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor] OTHER MATTERS: THE COURT ORDERS THAT: 1. The Registrar of Births, Deaths and Marriages cancel the entry that has been made in the Register under the Births, Deaths and Marriages Registration Act 1996 by which the following particulars were entered in that Register by the order under section 10 of the Crimes (Assumed Identities) Act 2004 dated [insert date of order and particulars which were to be entered in the Register under that order] . 2. The Registrar of Births, Deaths and Marriages give effect to this order within 28 days after the date this order is made. [signature of Judge] [name of Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ Form 6–14D -- 195 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 188 SCHEDULE Rule 1.03(2) REVOKED STATUTORY RULES S.R. No. Title 33/1998 Chapter VI of the Rules of the Supreme Court, the Supreme Court (Criminal Procedure) Rules 1998 33/1999 Supreme Court (Chapter VI Amendment No. 1) Rules 1999 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 133/1999 Supreme Court (Chapter VI Amendment No. 3) Rules 1999 108/2003 Supreme Court (Chapter VI Amendment No. 4) Rules 2003 33/2004 Supreme Court (Chapter VI Amendment No. 5) Rules 2004 7/2005 Supreme Court (Chapter VI Amendment No. 6) Rules 2005 22/2005 Supreme Court (Chapter VI Amendment No. 7) Rules 2005 95/2005 Supreme Court (Chapter VI Amendment No. 8) Rules 2005 97/2006 Supreme Court (Chapter VI Amendment No. 9) Rules 2006 161/2006 Supreme Court (Chapter VI Amendment No. 10) Rules 2006 6/2007 Supreme Court (Chapter VI Amendment No. 11) Rules 2007 93/2007 Supreme Court (Chapter VI Amendment No. 12) Rules 2007 94/2007 Supreme Court (Chapter VI Amendment No. 13) Rules 2007 Dated: 27 February 2008 M. L. WARREN, C.J. CHRISTOPHER MAXWELL, P. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. GEOFFREY NETTLE, J.A. DAVID ASHLEY, J.A. MURRAY B. KELLAM, J.A. JULIE DODDS-STREETON, J.A. Sch. -- 196 of 197 -- Supreme Court (Criminal Procedure) Rules 2008 S.R. No. 12/2008 189 P. D. CUMMINS, J. T. H. SMITH, J. DAVID BYRNE, J. D. L. HARPER, J. H. R. HANSEN, J. PHILIP MANDIE, J. BERNARD D. BONGIORNO, J. D. J. HABERSBERGER, J. R. S. OSBORN, J. SIMON P. WHELAN, J. ELIZABETH HOLLINGWORTH, J. KEVIN H. BELL, J. ANTHONY CAVANOUGH, J. ELIZABETH CURTAIN, J. PAUL COGHLAN, J. ROSS ROBSON, J. JACK FORREST, J. ═══════════════ Sch. -- 197 of 197 --