Magistrates' Court (Criminal Procedure) Rules 2006

i Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 TABLE OF PROVISIONS Rule Page ORDER 1—PRELIMINARY 1 1.01 Objects 1 1.02 Authorising provisions 1 1.03 Commencement 1 1.04 Definition 1 ORDER 2—THE COURT RECORD 2 2.01 Authentication of orders 2 2.02 Issue and authentication of process 2 2.03 Particulars of warrants to be entered in the register 2 2.04 Authentication of warrants 3 ORDER 3—PERIN COURT 4 3.01 PERIN Court 4 ORDER 4—REMAND WARRANT 5 4.01 Prescribed venue of the Court—Schedule 1 5 ORDER 5—DOCUMENTS 6 5.01 Content and form of documents 6 ORDER 6—WITNESS SUMMONSES IN CRIMINAL PROCEEDINGS 7 6.01 Form of witness summons 7 ORDER 7—PRE-HEARING DISCLOSURE 8 7.01 Pre-hearing disclosure by electronic transmission 8 -- 1 of 74 -- Rule Page ii ORDER 8—ENFORCEMENT OF FINES 9 8.01 Definitions 9 8.02 Proper officers 9 8.03 Application for time to pay, instalment order or variation of instalment order 9 8.04 Consideration of application 10 8.05 Determination of the application 11 8.06 Enforcement of fines against a natural person 11 8.07 Declaration of liability of a director for offence of body corporate 12 8.08 Enforcement of fine against body corporate 13 ORDER 9—WARRANTS TO SEIZE PROPERTY 14 9.01 Application 14 9.02 Form of warrant 14 9.03 Execution of warrant 14 9.04 Form of pre-hearing disclosure notice 15 ORDER 10—COMMITTAL PROCEEDINGS 16 10.01 Caution 16 ORDER 11—FORMS 17 11.01 Prescribed forms 17 11.02 Advice in other languages 17 11.03 Notice concerning outline of evidence and clause 6 of Schedule 2 of the Act 17 11.04 Non-compliance with prescribed forms 17 __________________ SCHEDULES 18 SCHEDULE 1—Prescribed Venues of the Court for the Purposes of Section 82 of the Magistrates' Court Act 1989 18 SCHEDULE 2—Forms for Enforcement of Fines 19 Form 1—Application for Time to Pay a Fine 19 Form 2—Application for Community-based Order 21 Form 3—Community-based Order in Default of Payment of a Fine 24 Form 4—Consent to the Making of a Community-based Order for Unpaid Work in Lieu of Payment of a Fine 26 -- 2 of 74 -- Rule Page iii Form 5—Notice about the Procedure for Enforcement of Fines 28 Form 6—Summons for Failure to Pay a Fine 30 Form 7—Notice about the Procedure for Enforcement of a Fine (Bodies Corporate) 32 SCHEDULE 3—Forms in Criminal Proceedings 33 Form 1—Witness Summons 33 Form 2—Warrant to Seize Property 35 Form 3—Important: Do Not Ignore this Document 37 Form 4—Certified Extract 38 Form 5—Charge 39 Form 6—Continuation of Charges 41 Form 7—Charge and Summons 42 Form 8—Charge and Warrant to Arrest 44 Form 9—Affidavit/Declaration of Service of Summons to Answer to a Charge 46 Form 10—Brief of Evidence 47 Form 11—Notice Accompanying an Outline of Evidence 50 Form 12—Warrant to Arrest 52 Form 13—Remand Warrant 54 Form 14—Warrant to Imprison 56 Form 15—Warrant to Imprison 59 Form 16—Search Warrant 61 Form 17—Notice of Committal Mention Date 63 Form 18—Election to Stand Trial without a Committal Proceeding being Conducted 66 Form 19—Application for a Rehearing 67 Form 20—Notice 69 ═══════════════ ENDNOTES 71 -- 3 of 74 -- 1 STATUTORY RULES 2006 S.R. No. 55/2006 Magistrates' Court Act 1989 Magistrates' Court (Criminal Procedure) Rules 2006 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: ORDER 1—PRELIMINARY 1.01 Objects The objects of these Rules are to— (a) prescribe certain matters and forms for criminal proceedings in the Court; and (b) prescribe a venue of the Court for the purposes of Schedule 7 to the Magistrates' Court Act 1989; and (c) provide for the enforcement of fines under the Sentencing Act 1991. 1.02 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 1.03 Commencement These Rules come into operation on 22 May 2006. 1.04 Definition In these Rules ''the Act'' means the Magistrates' Court Act 1989. __________________ -- 4 of 74 -- Order 2—The Court Record Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 2 ORDER 2—THE COURT RECORD 2.01 Authentication of orders For the purposes of section 18(2) of the Act, an order may be authenticated— (a) if the order is entered in writing in the register, by signing the entry; or (b) if the order is entered into a computerised data storage and retrieval system, by entering confirmation of the order into the system. 2.02 Issue and authentication of process Process may be issued or authenticated by— (a) the signature of; or (b) stamping with the facsimile signature stamp by— the person issuing or authenticating the process. 2.03 Particulars of warrants to be entered in the register For the purposes of section 57(2) of the Act, the following particulars are prescribed— (a) type of warrant issued; (b) date of issue of warrant; (c) in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine, the sum in respect of which the warrant is issued and the person to whom the warrant is directed for execution. r. 2.01 -- 5 of 74 -- Order 2—The Court Record Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 3 2.04 Authentication of warrants For the purposes of section 57(9) of the Act the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy his or her name and the date of issue of the warrant. __________________ r. 2.04 -- 6 of 74 -- Order 3—PERIN Court Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 4 ORDER 3—PERIN COURT 3.01 PERIN Court The following venue of the Court is prescribed as a venue at which any proceeding or procedure set out in Schedule 7 to the Act is to be brought or taken— 436 Lonsdale Street Melbourne. __________________ r. 3.01 -- 7 of 74 -- Order 4—Remand Warrant Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 5 ORDER 4—REMAND WARRANT 4.01 Prescribed venue of the Court—Schedule 1 For the purposes of section 82(2) of the Act, the venues of the Court referred to in Schedule 1 are prescribed. __________________ r. 4.01 -- 8 of 74 -- Order 5—Documents Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 6 ORDER 5—DOCUMENTS 5.01 Content and form of documents A document, other than a prescribed form, prepared by a party for use in the Court must be prepared in accordance with Rule 3.05 of the Magistrates' Court Civil Procedure Rules 19991 . __________________ r. 5.01 -- 9 of 74 -- Order 6—Witness Summonses in Criminal Proceedings Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 7 ORDER 6—WITNESS SUMMONSES IN CRIMINAL PROCEEDINGS 6.01 Form of witness summons (1) A witness summons must be in Form 1 of Schedule 3. (2) A summons to give evidence may be directed to any number of persons. (3) A summons— (a) to produce documents or things; or (b) to give evidence and produce documents or things— must be directed to one person only except in the case of partners where the summons may be directed to all members of the firm. __________________ r. 6.01 -- 10 of 74 -- Order 7—Pre-hearing Disclosure Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 8 ORDER 7—PRE-HEARING DISCLOSURE 7.01 Pre-hearing disclosure by electronic transmission (1) For the purposes of clause 1A(2A) of Schedule 2 of the Act, a prescribed agency is— the Public Correctional Enterprise in the Department of Justice. (2) For the purposes of clause 1A(2A) of Schedule 2 of the Act, the prescribed database to which documents may be electronically transmitted or electronically accessed is— E*Justice Database. __________________ r. 7.01 -- 11 of 74 -- Order 8—Enforcement of Fines Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 9 ORDER 8—ENFORCEMENT OF FINES 8.01 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 Sentencing Act 1991; "regional manager", in relation to an intensive correction order or a community-based order, means the person appointed under Part 4 of the Corrections Act 1986 to be the Regional Manager of the region in which the community corrections centre specified in the order is located. 8.02 Proper officers For the purposes of Division 4 of Part 3 of the Sentencing Act 1991, all registrars and deputy registrars of the Court are proper officers of the Court. 8.03 Application for time to pay, instalment order or variation of instalment order An application under section 55 of the Sentencing Act 1991 by an offender must be made by— (a) attending in person during normal business hours at the Court and making an oral application to the proper officer and, in the case of an application under paragraph (d) of section 55(1) of that Act, filing a completed r. 8.01 -- 12 of 74 -- Order 8—Enforcement of Fines Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 10 Form 1 of Schedule 2 with the proper officer; or (b) if the offender— (i) is resident outside Victoria; or (ii) is held in a prison, police gaol or youth training centre; or (iii) is unable to attend personally because of illness, infirmity or distance from the Court— by sending, in the case of an application under paragraph (a), (b) or (c) of section 55(1) of that Act, a completed Form 3 of Schedule 3 and, in the case of an application under paragraph (d) of section 55(1) of that Act, a completed Form 2 of Schedule 2 by post to the proper officer. 8.04 Consideration of application (1) The proper officer must consider an application under section 55(1) or (2) of the Sentencing Act 1991 as soon as practicable. (2) In considering an application the proper officer may— (a) question the offender about his or her financial circumstances; and (b) require the offender to produce any document concerning his or her financial circumstances that is reasonably accessible to the offender. r. 8.04 -- 13 of 74 -- Order 8—Enforcement of Fines Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 11 (3) The proper officer may— (a) adjourn an application for a total period not exceeding one month from the day on which the application is considered by the proper officer; and (b) stay execution of the fine during the adjournment. 8.05 Determination of the application (1) An order made under paragraph (a) of section 55(1) of the Sentencing Act 1991 for time to pay a fine must include the date by which the fine is to be paid. (2) An instalment order or variation of an instalment order made under paragraph (b) or (c) of section 55(1) of the Sentencing Act 1991 must include— (a) the total amount to be paid; and (b) the amount of each instalment; and (c) the date on which each instalment must be paid. (3) A community-based order made under paragraph (d) of section 55(1) of the Sentencing Act 1991 must be in Form 3 of Schedule 2. (4) The proper officer must cause a copy of the order to be delivered to the applicant personally or by post without delay. 8.06 Enforcement of fines against a natural person (1) A consent under section 62(7)(b) of the Sentencing Act 1991 to the making of a community-based order requiring a person in default to perform unpaid community work may be in Form 4 of Schedule 2. r. 8.05 -- 14 of 74 -- Order 8—Enforcement of Fines Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 12 (2) The statement in writing required by section 62(8) of the Sentencing Act 1991 must be in Form 5 of Schedule 2. (3) A community-based order under section 62(9) of the Sentencing Act 1991 requiring a person in default to perform unpaid community work must be in Form 3 of Schedule 2. (4) A summons under section 64(1) of the Sentencing Act 1991 may be issued in Form 6 of Schedule 2. (5) A summons under section 64(1) of the Sentencing Act 1991 may be issued by a registrar of the Court under the direction of a magistrate. (6) If the last known address of the person in default is within Victoria, a summons issued under sub-rule (5) may be served by post directed to that address. (7) If a person in default— (a) has been taken into custody in accordance with a warrant to arrest issued under section 64 of the Sentencing Act 1991; and (b) the outstanding amount of the fine specified in the warrant is paid— the person may be released from custody without being taken before the Court. 8.07 Declaration of liability of a director for offence of body corporate The informant or police prosecutor must give notice of an application for a declaration under section 50(6) of the Sentencing Act 1991 to any person who was a director of the body corporate at the time of the commission of the offence by— r. 8.07 -- 15 of 74 -- Order 8—Enforcement of Fines Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 13 (a) not less than 14 days before the date of hearing of the application posting a true copy of the application addressed to the director at his or her last known place of residence or business; or (b) not less than 5 days before the date of hearing of the application— (i) delivering to the director personally a true copy of the application; or (ii) leaving a true copy of the application for the director at his or her last known place of residence or business with a person who apparently resides or works there and who is apparently not less than 16 years old. 8.08 Enforcement of fine against body corporate The statement in writing required by section 66(3) of the Sentencing Act 1991 to be delivered by the person making a demand for payment to a body corporate in default— (a) must be in Form 7 of Schedule 2; and (b) may be served by leaving it at the registered office of the body corporate. __________________ r. 8.08 -- 16 of 74 -- Order 9—Warrants to Seize Property Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 14 ORDER 9—WARRANTS TO SEIZE PROPERTY 9.01 Application This Order applies to every warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding. 9.02 Form of warrant A warrant to seize property must be in Form 2 of Schedule 3. 9.03 Execution of warrant (1) Money or bank notes belonging to a person named or described in a warrant may be seized under a warrant to seize property but need not be sold. (2) Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the person named or described in the warrant may be seized under a warrant to seize property and held as security for money due under an order or the unsatisfied part of an order. When the time for payment arrives the person to whom the warrant is directed may demand and receive payment of them and may sue in any proper court in the name of the defendant or in the name of any person in whose name the person named or described in the warrant might have sued for the recovery of the money secured or made payable by them. (3) Subject to this Order, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with any necessary modification, to the execution of warrants to seize property. r. 9.01 -- 17 of 74 -- Order 9—Warrants to Seize Property Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 15 9.04 Form of pre-hearing disclosure notice For the purposes of clause 1A(9) of Schedule 2 to the Act, the registrar may use the form of Notice in Form 20 of Schedule 3. __________________ r. 9.04 -- 18 of 74 -- Order 10—Committal Proceedings Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 16 ORDER 10—COMMITTAL PROCEEDINGS 10.01 Caution For the purposes of clause 11(1)(a) of Schedule 5 to the Act, the following caution or a caution to the same effect must be read to the defendant— (a) Before asking you if you wish to enter a plea to this charge/these charges or any of them (as the case may be) or to reserve your plea, it is my duty to warn you that you are not obliged to enter any plea today. If, however, you do plead guilty to this charge/these charges or any of them (as the case may be) today or at any time before or during your trial, the court which sentences you may take into account your plea of guilty and also the stage in the proceedings at which you pleaded guilty or indicated an intention to plead guilty. (b) Whatever you say here today will be taken down in writing and may be used in evidence at your trial. Nothing I have said alters your right to plead not guilty to this charge/these charges or any of them (as the case may be). (c) Are you guilty or not guilty of this charge? (d) (Where there is more than one charge) Is there any charge before the Court to which you plead guilty? __________________ r. 10.01 -- 19 of 74 -- Order 11—Forms Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 17 ORDER 11—FORMS 11.01 Prescribed forms The forms to be used in criminal proceedings are set out in Schedule 3. 11.02 Advice in other languages (1) Form 3 of Schedule 3 must be included and form part of— (a) any originating process served on a defendant; and (b) any process served on a witness— in a criminal proceeding. (2) Form 3 of Schedule 3 must be included and form part of any originating process and any other document served on a person in a proceeding for enforcement of a fine. 11.03 Notice concerning outline of evidence and clause 6 of Schedule 2 of the Act For the purposes of section 37A(1) of the Act, the prescribed form is Form 11 of Schedule 3. 11.04 Non-compliance with prescribed forms Non-compliance with any form does not render a proceeding void unless the Court so directs, but the proceeding may in the discretion of the Court be amended or otherwise dealt with in any manner and on any terms that the Court thinks fit. __________________ r. 11.01 -- 20 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 18 SCHEDULES SCHEDULE 1 RULE 4.01 PRESCRIBED VENUES OF THE COURT FOR THE PURPOSES OF SECTION 82 OF THE MAGISTRATES' COURT ACT 1989 Ararat Bacchus Marsh Bairnsdale Ballarat Benalla Bendigo Broadmeadows Castlemaine Cobram Colac Corryong Dandenong Dromana Echuca Frankston Geelong Hamilton Heidelberg Hopetoun Horsham Kerang Korumburra Kyneton Lilydale Mansfield Maryborough Melbourne Mildura Moe Moonee Ponds Morwell Myrtleford Nhill Omeo Orbost Ouyen Portland Prahran Preston Ringwood Robinvale Sale Seymour Shepparton Stawell St. Arnaud Sunshine Swan Hill Wangaratta Warrnambool Werribee Williamstown Wodonga Wonthaggi __________________ Sch. 1 -- 21 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 19 SCHEDULE 2 FORMS FOR ENFORCEMENT OF FINES FORM 1 RULE 8.03(a) APPLICATION FOR TIME TO PAY A FINE INSTALMENT ORDER VARIATION OF INSTALMENT ORDER In the Magistrates' Court at Ref. No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– APPLICATION In the case against me by (set out details) on (date) I was ordered to pay a fine. I (full name) of (address and occupation) now apply to the proper officer of the Magistrates' Court at (venue) 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. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF THE COURT ORDER The Court ordered that I pay $ in fines and costs. † I was / † I was not present when the order was made. The Court ordered that the fines and costs be paid— † by (date); † by instalments of $ to be paid on the day of each † week † fortnight † month; † did not make any order about payment. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sch. 2 -- 22 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 20 DETAILS OF PAYMENTS MADE BY ME (Set out details of payments made) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FUTURE PAYMENTS I now want to pay the money I owe— † by / / ; † by instalments of $ on the day of each † week † fortnight † month starting on (date). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF MY INCOME AND EXPENSES At present I receive $ each week after tax has been deducted. My weekly expenses are $ . This leaves me with $ . ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [To be completed by the proper officer] I received this application on (date). (Signature) (Print name) NOTE: The registrar who deals with this application will notify you in writing of the decision. † Tick whichever applies. __________________ Sch. 2 -- 23 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 21 FORM 2 RULE 8.03(b) APPLICATION FOR COMMUNITY-BASED ORDER In the Magistrates' Court at Ref. No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– APPLICATION In the case against me by (set out details) on (date) I was ordered to pay a fine. I, (full name) of (address and occupation) now apply to the proper officer of the Magistrates' Court at (venue) for a community-based order requiring me to perform unpaid community work as directed by a regional manager, instead of paying the fine. I agree to comply with such an order. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF THE COURT ORDER The Court ordered that I pay $ in fines and costs. † I was / † I was not present when the order was made. The Court ordered that the fines and costs be paid— † by (date); † by instalments of $ to be paid on the day of each † week † fortnight † month; † The Court did not make any order about payment. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF PAYMENTS MADE BY ME (Set out details of payments made) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sch. 2 -- 24 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 22 RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK I understand that the amount(s) that I owe for each unpaid fine together with the amount of warrant costs included by the proper officer will be converted into hours of unpaid community work at the rate of 1 hour for each 0⋅2 penalty unit or part of 0⋅2 penalty unit 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 as 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. Dated at (place) on (date) Witnessed by (Signature of person in default) (Signature of witness) (Print name of witness) NOTE: The registrar who deals with this application will notify you in writing of the decision. † Tick whichever applies. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sch. 2 -- 25 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 23 [To be completed by the proper officer] I received this application on (date) The amount of warrant costs to be included is $ (Signature) (Print name) __________________ Sch. 2 -- 26 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 24 FORM 3 RULE 8.05(3) 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 Magistrates' Court at on / / . UNPAID AMOUNTS Charge 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 workings 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; Sch. 2 -- 27 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 25 • not leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre; • obey all lawful instructions and directions given to you by community corrections officers; • perform unpaid community work as directed by the regional manager for the hours of work specified in this order. This order was made on / / at . (Signature of magistrate/proper officer) __________________ Sch. 2 -- 28 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 26 FORM 4 RULE 8.06(1) CONSENT TO THE MAKING OF A COMMUNITY-BASED ORDER FOR UNPAID WORK IN LIEU OF PAYMENT OF A FINE In the Magistrates' Court Ref. No. at Name (full name) of (address) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, 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 unit or part of 0⋅2 penalty unit 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; Sch. 2 -- 29 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 27 • 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. Dated at (place) on (date) (Signature of person in default) (Print name) Witnessed by— (Signature of witness) (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. __________________ Sch. 2 -- 30 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 28 FORM 5 RULE 8.06(2) 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 Magistrates' Court. A summary of the fine(s) and the total amount still outstanding is attached. You may obtain further details of the penalties from any venue of the Magistrates' 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 ORDER, OR TO CONSENT TO THE MAKING OF A *COMMUNITY-BASED ORDER Payment must be made to the sheriff, (insert address) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF YOU CANNOT PAY You may apply to the registrar at any venue of the Magistrates' 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 a registrar 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 unit or part of 0⋅2 penalty unit 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. *Section 62(13) of the Sentencing Act 1991 provides that a person may not consent to the making of a community-based order if the fine was imposed in respect of an offence heard and determined by the Court as a result of the revocation of an enforcement order within the meaning of, or the making of an application under clause 10(6) of Schedule 7 to the Magistrates' Court Act 1989. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Sch. 2 -- 31 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 29 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 a regional manager for one hour for each 0⋅2 penalty unit or part of 0⋅2 penalty unit then remaining unpaid with a minimum of 8 and a maximum of 500 hours. You may also be ordered to pay additional costs; • order that you be imprisoned for one day for each penalty unit or part of a penalty unit 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. __________________ Sch. 2 -- 32 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 30 FORM 6 RULE 8.06(4) SUMMONS FOR FAILURE TO PAY A FINE In the Magistrates' Court Court Ref. at Date of birth Informant of TO 1. On (date) you were found guilty of an offence and the Court ordered you to pay the following amount(s): Charge No. 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 and a warrant to seize your property to recover this amount has been returned unsatisfied. 3. YOU ARE DIRECTED TO APPEAR BEFORE THE MAGISTRATES' COURT AT (place) ON (date and time) TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S). Issued at (place) on (date) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTES 1. If you pay the above amount to any registrar of the Magistrates' Court 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. Sch. 2 -- 33 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 31 2. Payments may be made personally or posted to the registrar. You must quote the Court reference at the top of this summons. 3. If you do not pay the amount due or appear at Court as directed by this summons, a warrant for your arrest may be issued. __________________ Sch. 2 -- 34 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 32 FORM 7 RULE 8.08 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 Magistrates' 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 Magistrates' 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 __________________ Sch. 2 -- 35 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 33 SCHEDULE 3 FORMS IN CRIMINAL PROCEEDINGS FORM 1 RULES 6.01(1) and 12.01 WITNESS SUMMONS Court Ref. To the Witness M. F. Co. DETAILS OF THE CASE Name of person charged (Defendant) Summary of the charges Who filed the charges? (Informant) Agency and address Phone No. WHAT YOU HAVE TO DO You must bring this summons with you and † come to Court to give evidence in the proceeding: † come to Court to give evidence and also produce at the hearing the following documents or things that are in your possession or control: † produce at the hearing the following documents or things that are in your possession or control: You may produce this summons and the documents or things referred to above to the registrar of the Magistrates' Court at [venue] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the date on which you are required to attend. If you are required to give evidence, you must attend at the hearing. WHERE YOU MUST GO The Magistrates' Court at [venue] Address Phone When Time Day Month Year Sch. 3 -- 36 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 34 Details about this summons Issued at Date / / Issued by Registrar/Magistrate Summons filed by [identify party] __________________ Sch. 3 -- 37 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 35 FORM 2 RULES 9.02 and 11.01 WARRANT TO SEIZE PROPERTY Court Ref. Who was ordered to pay M F Co Address Date of birth ACN Registration No. State Licence No. State Amount ordered to be paid On (date) the Magistrates' Court at (venue) ordered Fine Statutory Costs Other Costs Payment of $ $ $ Since then payments made were: $ $ $ This leaves a balance of $ $ $ Now outstanding and payable is named may be seized and sold. $ or personal property of the person The amount was ordered to be paid because: † the person named was found guilty of and fined. The charges were filed by (name/agency) † the person named had to pay witness costs. † the case was adjourned. † the case was dismissed. Sch. 3 -- 38 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 36 WARRANT To † all members of the police force † the Sheriff The person named was ordered to pay money to the Court and has failed to comply with the order. You are directed and authorised to: 1. Seize the personal property of the person named in this warrant. 2. Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid. 3. Pay all money recovered to the Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued. Issued at on Issued by Registrar/Magistrate __________________ Sch. 3 -- 39 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 37 FORM 3 RULE 11.01 IMPORTANT: DO NOT IGNORE THIS DOCUMENT If you do not understand it, you should immediately have it interpreted and explained to you. You may then get advice from: A Registrar of the Magistrates' Court Your local Solicitor Victoria Legal Aid (Insert address and telephone number) (Information to the effect of this advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.) __________________ Sch. 3 -- 40 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 38 FORM 4 RULE 11.01 CERTIFIED EXTRACT Court Ref. On / / the Magistrates' Court at [venue] made the following entries in the register: Defendant Informant, Plaintiff or Complainant Case No. Nature of Charge or Civil Proceeding Court Order Fees $ Magistrate Remarks † Plea not guilty † Appeared † Blood Alcohol † Plea guilty † Did not appear † Speed † No plea † Consented to summary jurisdiction ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Legal Representative for defendant Legal Representative for informant/plaintiff/complainant ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– I am a registrar of the Magistrates' Court at [venue] and I certify that in my opinion this information is a true extract from the register of the Court. Date Signature __________________ Sch. 3 -- 41 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 39 FORM 5 RULE 11.01 CHARGE Adjourn to Court Ref. Daily No. To the Date of Hearing Defendant M F Co. Date of Birth Registration No. State Licence No. State You have been charged with an offence against the law. Read both pages to see what you must do. Details of the charge against you What is the charge? [1] (Description of offence) Act or Regulation No. Section or Clause (Full Ref.) Under what law? † State † Act † C'wealth † Regulation † Other–specify Are there more charges? † No † Yes—see 2 below Type of offence † Summary offence † Indictable offence What is the charge? [2] (Description of offence) Act or Regulation No. Section or Clause (Full Ref.) Under what law? † State † Act † C'wealth † Regulation † Other–specify Sch. 3 -- 42 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 40 Are there more charges? † No † Yes—see "Continuation of Charges" attached Type of offence † Summary offence † Indictable offence Who filed charge(s)? Phone (Informant) Agency and Address Agency Ref. Signature of Date Informant ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Filed at Date __________________ Sch. 3 -- 43 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 41 FORM 6 RULE 11.01 CONTINUATION OF CHARGES Court Ref. Page No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Person charged ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– † (Description of offence) Act or Regulation No. Section or Clause (Full Ref.) † State † Act † C'wealth † Regulation † Other–specify † Summary offence † Indictable offence † (Description of offence) Act or Regulation No. Section or Clause (Full Ref.) † State † Act † C'wealth † Regulation † Other–specify † Summary offence † Indictable offence Are there more charges? † No † Yes—see page No. † Signature of informant Agency and address Signature of Registrar Filed at Date __________________ Sch. 3 -- 44 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 42 FORM 7 RULE 11.01 CHARGE AND SUMMONS Adjourn to Court Ref. Daily No. To the Date of Hearing Defendant M F Co. Date of Birth Registration No. State Licence No. State You have been charged with an offence against the law. Read both pages to see what you must do. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Details of the charge against you ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– What is the charge? (Description of offence) Act or Regulation No. Section or Clause (Full Ref.) † State † Act Under what law? † C'wealth † Regulation † Other–specify Are there more charges? † No † Yes—see "Continuation of Charges" attached Type of offence † Summary offence † Indictable offence Who filed charge(s)? Phone (Informant) Agency and Address Sch. 3 -- 45 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 43 Agency Ref. Signature of Informant Date Charge filed at Date ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Where will the case be heard ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Where you must go The Magistrates' Court at [venue] Address Phone When Time Day Month Year ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Details about this summons ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Issued at Date Registrar Magistrate Member of the police force Prescribed person __________________ Sch. 3 -- 46 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 44 FORM 8 RULE 11.01 CHARGE AND WARRANT TO ARREST Adj. to Court Ref. Daily No. To the Date of hearing Defendant M F Co. Date of Birth Registration No. State Licence No. State You have been charged with an offence against the law. Read both pages to see what you must do. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Details of the charge against you ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– What is the charge? (Description of offence) Act or Regulation No. Section or Clause Under what law? † State † Act (Full Ref.) † C'wealth † Regulation † Other–specify Type of offence † Summary offence † Indictable offence Who filed charge? Phone (Informant) Agency and Address Sch. 3 -- 47 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 45 Agency Ref. Signature of Informant Date Charge filed at Date ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Request for Issue of a Warrant to Arrest ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– I apply for the issue of a warrant to arrest on the following grounds: Warrant to arrest To all members of the police force or You are authorised to break, enter and search any place where the person named in this warrant is suspected to be, to arrest that person and bring him or her before a Bail Justice or the Court as soon as practicable to be dealt with according to law or cause the person to be released on bail in accordance with the endorsement on this warrant. I am satisfied by the evidence before me that a Warrant should be issued on the following grounds: † it is probable the person will not answer a summons † the person has absconded or is likely to abscond † the person is avoiding the service of a summons † the warrant is † required † authorised by another Act namely † other Issued at Date Before Registrar Magistrate __________________ Sch. 3 -- 48 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 46 FORM 9 RULE 11.01 AFFIDAVIT/DECLARATION OF SERVICE OF SUMMONS TO ANSWER TO A CHARGE I [full name] of [address], [occupation]*swear/declare that I served a true copy of this summons *together with true copies of pages of ''Continuation of Charges'', *and [any other documents] on [date] at a.m./p.m. by— *delivering it to the defendant personally at [address] *leaving it for the defendant at [address] being the defendant's last or most usual place of *residence/business with a person who apparently resided or worked there and who apparently was not less than 16 years of age. *[if the summons is a summons to answer to a charge for a prescribed offence] posting it by prepaid ordinary post at [address] in an envelope addressed to the defendant at the defendant's last known place of residence or business which address I ascertained from [give details] *[other] *I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. *Sworn/Declared at [place] in the State of Victoria on [date] *Before:      [Name and address in legible writing, typing or stamp below signature] *a person authorised under section 107A(1) of the Evidence Act 1958 to witness the signing of a statutory declaration. *a person authorised under section 123C(1) of the Evidence Act 1958 to take an affidavit. *Delete if not applicable. __________________ Sch. 3 -- 49 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 47 FORM 10 RULE 11.01 BRIEF OF EVIDENCE Court Date of hearing Court Ref. To the Defendant Postcode These documents contain the evidence that will be given against you in Court if you do not go to Court. They will then be given to the Magistrate. He or she may consider this evidence and decide whether you are not guilty or guilty. You will receive a notice if you are found guilty. Details of the case against you are contained in: † The charge sheet a copy of which is attached. † Witness statements which will be produced at the court hearing. (Copies are attached.) Family name First names † Documents which will be produced as evidence. (Copies are attached.) † Things which will be given to the Court as exhibits. Description of exhibit Photo attached Yes No Sch. 3 -- 50 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 48 Who filed the charges? Agency and Address Phone Signature Please read the notice on the back of this page. WHAT IS A BRIEF OF EVIDENCE? A brief of evidence contains copies of the evidence that will be given against you at Court if you do not go to Court. It must contain— a list of the people who have made statements; copies of those statements; a copy of the charge-sheet; a copy of any document which will be given as evidence; a list of exhibits, if any; a photograph of any exhibit which cannot be described in detail in the list. What is it for? Many people do not come to Court when they have been charged with minor offences. This means that the Court has to set a new date to hear the case. When you have been given a brief of evidence, the Court can choose to hear the case on the first date without either you or the person who charged you having to be at Court. It does not mean that you cannot come to Court. The procedure is only used if you do not come to Court. The Court may also decide not to hear the case without you and may issue a warrant to arrest you. You will be told if this happens. If you are on bail, you must attend Court to answer to bail. How is it used? If you are not at Court the Prosecutor will give the Magistrate a copy of the brief of evidence including statements and exhibits. The Magistrate will consider the evidence and decide if you are not guilty or guilty. If you are found to be guilty the Magistrate will then decide what penalty you will receive. You will be told about this penalty. Has it been done correctly? Sch. 3 -- 51 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 49 The statements that will be given as evidence should be either in the form of an affidavit or contain an acknowledgment signed in the presence of a member of the police force that the statement is true. However, if the statements served on you do not contain these requirements, they are still valid if the copies filed at the Court have an acknowledgment that the statement you received was identical with the one given to the Court. If the statement has been made by a person under the age of 18 years, it must include their age. If the statement has been made by a person who cannot read, it must contain an acknowledgment that it was read to the person before he or she signed it. A brief of evidence must be served at least 14 days before the mention date and can be served on you in a number of ways, for example— by giving it to you personally; or by leaving it for you at your last or most usual place of residence or business with someone who appears to reside or work and who appears to be not less than 16 years of age; or in certain cases, by posting it to you. Remember to read the Charge-sheet and the brief of evidence carefully. __________________ Sch. 3 -- 52 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 50 FORM 11 RULES 9.01 and 11.03 NOTICE ACCOMPANYING AN OUTLINE OF EVIDENCE IMPORTANT: DO NOT IGNORE THIS DOCUMENT If you do not understand this notice, you should immediately have it interpreted and explained to you. (Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.) You have been charged with an offence against the law. The charge sheet, which is a separate document, will tell you what the charges against you are. The charge sheet should either have already been served on you or be served with this notice. This notice should have an outline of evidence with it. WHAT IS AN OUTLINE OF EVIDENCE? The outline of evidence is a statement made by the informant which includes— • a description of the nature and circumstances of the offence alleged against you, including the background and consequences of the alleged offence, and any statements or comments you have made about the alleged offence; • the names of the people who may be called to give evidence against you; and • a list of potential exhibits. WHAT MAY HAPPEN TO YOU? If you do not attend Court on the date on your summons, the Court may determine the summary charges against you in your absence. The Court may base its decision on the outline of evidence, if the Court is satisfied that it was served on you at least 14 days before that date. If you have been charged with an indictable offence, then you must attend Court, or you may be arrested. A box on the charge sheet should tell you whether a charge is summary or indictable. Sch. 3 -- 53 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 51 If the Court finds you guilty of the summary charges in your absence on the basis of the outline of evidence, then it may make any order against you that it could have made if you had been present, except that it cannot— • imprison you or make a community-based order; • fine you more than 20 penalty units for an offence or fine you more than 50 penalty units in total for more than one offence; or • make compensation or restitution orders above $2000. If the Court thinks that you should receive a penalty prohibited by this procedure, or if it decides not to hear the case without you in attendance, then it must adjourn the proceeding for you to attend Court, and may issue a warrant for your arrest. The Court may be given a copy of any prior convictions you have for traffic or parking infringements within the meaning of the Road Safety Act 1986 but may not be informed of any other type of prior conviction. If the Court finds you guilty and makes an order against you, then the Court must post to you a written notice of the order and of your right to apply for a re-hearing of the charge. The notice must be sent to you at your address on the Court's register. RE-HEARING APPLICATIONS You will have 28 days from the service of that notice to apply to the Court for a re-hearing of the charge. If you apply for a re-hearing, the Court must set aside the order and re-hear the charge. You may still apply to the Court for a re-hearing after that time, but the Court may refuse your application. You may also appeal to the County Court within 30 days after the day the order was made. FURTHER INFORMATION For further information, contact the Registrar of the Magistrates' Court, your lawyer, Victoria Legal Aid, a Community Legal Centre or the Victorian Aboriginal Legal Service. YOU SHOULD SEEK LEGAL ADVICE __________________ Sch. 3 -- 54 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 52 FORM 12 RULE 11.01 WARRANT TO ARREST Name of person to be arrested Court Ref. Address M F Postcode Date of Birth Statement of Reasons for this Warrant What is the reason? † the defendant failed to appear before the Court on in answer to a charge and summons. † the defendant failed to attend before the Court in accordance with his or her bail. † the person was served with a witness summons and failed to attend before the Court on in answer to that witness summons. † Other—give details. The defendant was charged with Who filed the charges? Agency and address WARRANT TO ARREST To all members of the police force or You are authorised to: * break, enter and search, if necessary, any place where the person named or described in this warrant is suspected to be; * arrest the person named or described in this warrant; AND TO bring him or her before a bail justice or the Court as soon as practicable to be dealt with according to law. OR Sch. 3 -- 55 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 53 release him or her on bail in accordance with the endorsement below. The person named in the warrant may be discharged on bail under section 10 of the Bail Act 1977. Issued at Date Issued by Signature Registrar/Magistrate CERTIFICATE OF BAIL Bail was granted on the following conditions: The person named may be released upon entering an undertaking of bail to appear at the Magistrates' Court at on the following conditions: Magistrate Date __________________ Sch. 3 -- 56 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 54 FORM 13 RULE 11.01 REMAND WARRANT Name of defendant (or Witness) Court Ref. Address M F Postcode Date of Birth † The defendant (or witness) has been † remanded in custody † returned to the custody of the Secretary to the Department of Human Services † The proceeding has been adjourned and the defendant is to be brought before the Magistrates' Court at 10.00 a.m. on † The defendant has been committed to stand trial. The Charge What is the charge? [brief description] Who filed the charge? Agency and address The charge is filed † at the Magistrates' Court at † with the Bail Justice making this order AUTHORITY AND DIRECTIONS To all members of the police force, or all prison officers, or insert [name] You must take and safely convey the person named in this warrant to † a prison † a police gaol † a youth training centre and deliver the person to the officer in charge of that facility. To the Secretary to the Department of Justice, the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case may be), or any other person into whose custody the person is transferred. Sch. 3 -- 57 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 55 You must receive the person named in this warrant into custody and safely keep that person— (i) for the period specified, or in the circumstances described, in this warrant; or (ii) until that person is otherwise removed or discharged from custody by due course of law. † The defendant has consented to an adjournment of the proceeding for more than 8 clear days. The defendant has also been granted bail. If the defendant has not been admitted to bail at the end of 8 days the person who has custody of the defendant must bring him or her before the Magistrates' Court at [venue] or to the Melbourne Assessment Prison or to [name of other place] where facilities exist to enable the defendant to appear before the Court by means of audio visual link. ENDORSEMENTS † The accused did not apply for bail † I certify that the defendant's application for bail was refused. The reasons for my refusal are: † I certify that bail was granted and the defendant is to be released from custody when he or she signs an undertaking with the conditions which are endorsed below: † The accused was legally represented by Signed at on by Magistrate/Bail Justice/Registrar __________________ Sch. 3 -- 58 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 56 FORM 14 RULE 11.01 WARRANT TO IMPRISON (Except for unpaid fine) WARRANT TO IMPRISON Court Ref. (Except for unpaid fine) Defendant's Name M F Address Date of Birth Where proceeding heard the Magistrates' Court at Who filed the charges? Agency (informant) Imprisonment order summary Date sentence imposed Effective total term Years Months Days Minimum term before becoming eligible for parole Years Months Finding that minimum term inappropriate under section 11 of the Sentencing Act 1991 † Yes † No Time spent in custody Years Months Days Taken into account † Yes † No Eligible for pre-release † Yes † No Sentences imposed in this case to be— cumulative upon other sentences presently being served † Yes † No part concurrent with other sentences presently being served † Yes † No Concurrent portion of sentence Years Months Days cumulative on any period owed to the Parole Board † Yes † No part concurrent with any period owed to the Parole Board † Yes † No Concurrent portion of sentence Years Months Days Authority and directions To all members of the police force, all prison officers or Sch. 3 -- 59 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 57 You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to— † a prison † a prison or police gaol † a youth training centre and to deliver the person to the officer in charge of the prison, police gaol or youth training centre. To the Commissioner of Correctional Services or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in this warrant is transferred: You are directed and authorised to receive that person into custody and safely keep that person for the period specified, or in the circumstances described in this warrant or until that person is otherwise removed or discharged from custody by due course of law. Issued by Registrar Date (Signature) Magistrate Schedule to Warrant to Imprison Court Ref. Defendant Page Number Codes S Offence is against State law C Offence is against Commonwealth law G Plea of guilty NG Plea of not guilty XP Ex parte hearing, defendant did not appear in Court AGG Sentence imposed on this charge is an aggregate sentence under section 4K(4) of the Crimes Act 1914 (Commonwealth) and the aggregate term to be served in relation to all AGG sentences in this case is the period in the ''Imprisonment'' column beside the first AGG sentence BAS The base sentence for the purposes of cumulative and part concurrent sentences in this case CUM A sentence to be served cumulatively upon the base sentence and upon all other cumulative and part concurrent sentences in this case DFR Court directed release under section 20(1)(b) of the Crimes Act 1914 (Commonwealth) after service of the period shown in the column ''Portion of term to be served'' Sch. 3 -- 60 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 58 PCO Sentence to be served part concurrently with other sentences in this case. The non-current balance of the sentence shown in the column ''Portion of term to be served'' PSU The term imposed by the Court was partially suspended under section 27 of the Sentencing Act 1991. The period not suspended is shown in the column ''Portion of term to be served''. Schedule to Warrant to Imprison Case Number Defendant Page Number Code Table Charge Number Date of Offence S C G NG XP Brief descrip- tion of offence Act and Section Imprison- ment (Detention) Term Portion of term to be served (where app.) Sentence (Period) Code Min. Term C'wlth only There are more pages No Yes — pages Registrar Warrant Execution Details Police Station Warrant executed by me on at a.m./p.m. Name Rank and Number __________________ Sch. 3 -- 61 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 59 FORM 15 RULE 11.01 WARRANT TO IMPRISON (Unpaid Fine(s)) Court Ref. Defendant's Name M F Address Who filed the charges? Agency DETAILS OF THE FINE On the Magistrates' Court at [venue] convicted and fined the defendant. AMOUNT UNPAID Charge Total penalty imposed Fine Statutory costs Costs Default period 1 2 3 4 5 6 7 8 9 0 TOTAL AMOUNT UNPAID $ Sch. 3 -- 62 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 60 AUTHORITY AND DIRECTIONS To all members of the police force, all prison officers, the Sheriff or You are to demand payment of the amount unpaid from the person named in this warrant. If this amount is paid you must send it immediately to the Principal Registrar. If the amount is not paid You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to † a prison or police gaol † a youth training centre and to deliver the person to the officer in charge of the prison, police gaol or youth training centre. To the Commissioner of Correctional Services or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in the warrant is transferred: You are directed and authorised to receive that person into custody and safely keep that person for the period specified in the warrant or until otherwise removed or discharged from custody by due course of law. If the amount unpaid is paid you are to release the person named in this warrant and immediately send the amount to the Principal Registrar. If the amount is partly paid you must reduce the term of imprisonment using the formula set out in section 71(1)(b) of the Magistrates' Court Act 1989, amend the execution copy of the warrant, receive the payment and forward it without delay to the Principal Registrar. Issued by Registrar Date (Signature) Magistrate __________________ Sch. 3 -- 63 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 61 FORM 16 RULE 11.01 SEARCH WARRANT Court Ref. Name and/or description of person or article, thing or material Place where search will be conducted for article, thing or material Number and name of street Suburb Reason for search/Suspected offence This Warrant authorises Name, Rank, No. Agency and Address Or all members of the police force: † Search for a person to break, enter and search any place where the person named or described in this warrant is suspected to be; and to arrest the person named or described in this warrant. † Search for any article, thing or material of any kind to break, enter and search any place named or described in this warrant for any article, thing or material of any kind named or described in this warrant; and to bring the article, thing or material before the Court so that the matter may be dealt with according to law; and to arrest any person apparently having possession, custody or control of the article, thing or material. Sch. 3 -- 64 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 62 If person arrested You must also cause the person named or described in the warrant, or apparently having possession, custody or control of any article, thing or material named or described in the warrant, when arrested— † to be brought before a bail justice or the Court as soon as practicable to be dealt with according to law; or † to be released on bail in accordance with the endorsement on this warrant. This warrant is authorised by section of the Act Issued at a.m./p.m. on by Magistrate __________________ Sch. 3 -- 65 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 63 FORM 17 RULE 11.01 NOTICE OF COMMITTAL MENTION DATE To the Defendant Warning: This is an important document. If you need help to understand it you should see a solicitor, the Legal Aid Commission or a registrar of the Magistrates' Court. You have been charged with These charges were filed by (Informant) The Court must decide if you should stand trial for these charges. A committal mention date has been fixed for at the Magistrates' Court at [venue]. You must attend Court on that date. Witnesses will not be at Court that day. Copies of statements made by witnesses will be given to the Court as evidence in the case against you. You have the right to request that all or any of the witnesses attend the committal proceeding to be cross-examined by you or your lawyer. You must make the request at least 14 days before the committal mention date by giving written notice to the informant and the registrar at the Magistrates' Court at [venue]. If you give written notice and that notice has not been wholly withdrawn or set aside, the committal proceeding will not be held on the mention date. If you do not make this request, the statements will be considered as evidence by the Magistrate. The Magistrate will also consider anything you have to say and then decide whether or not to send you for trial. If you want to call your own witnesses, you should notify the registrar of the Magistrates' Court how many witnesses you will be calling. Sch. 3 -- 66 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 64 The Magistrate can refuse your request to cross-examine a witness if the Magistrate is satisfied that your request is frivolous, vexatious or oppressive in all the circumstances. If the Magistrate is considering making such an order, you will be told at least 3 days before the day on which the order is proposed to be made. Enclosed are— 1. a list of the persons who have made statements which will be given to the Court at the committal proceeding 2. copies of those statements 3. a copy of the charge-sheet 4. *a copy of each document which will be produced to the Court at the committal proceeding 5. *a list of things proposed to be tendered as exhibits; and 6. *a photograph of each exhibit which cannot be described in detail in the list. You may inspect the exhibits at a time and place agreed with the informant before the committal proceeding is held. At the Committal Proceeding If you have given notice requiring a witness to attend for cross-examination, that witness must be called to give evidence, unless the Court has set aside your notice. If the witness does not attend when required to do so, his or her statement must not be used as evidence. The Court may adjourn the proceeding or may order the witness to attend or may continue the committal proceeding if satisfied that it would not be unfair to you. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– AFFIDAVIT/DECLARATION OF SERVICE I [full name] of [address] a member of the police force in the State of Victoria *make oath and say/* declare that I served on the defendant a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the defendant personally at [address] on [day of week] the day of 20 at * a.m./p.m. *I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. Sch. 3 -- 67 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 65 *Sworn/Declared at [place] in the State of Victoria on [date] *Before [Name and address in legible writing, typing or stamp below signature] *a person authorised under section 107A(1) of the Evidence Act 1958 to witness the signing of a statutory declaration. *a person authorised under section 123C(1) of the Evidence Act 1958 to take an affidavit. __________________ Sch. 3 -- 68 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 66 FORM 18 RULE 11.01 ELECTION TO STAND TRIAL WITHOUT A COMMITTAL PROCEEDING BEING CONDUCTED (Section 56 Magistrates' Court Act 1989) The Person who filed the charges [Informant] Defendant of [address] To the Registrar of the Magistrates' Court of Victoria at [venue] and the Informant of [address] Details of the charge(s) filed— TAKE NOTICE that I elect to stand trial for the above-mentioned offences without a committal proceeding being conducted. I understand the consequences of making this election are— (a) that when I appear before the Magistrates' Court I shall be committed for trial; (b) that any statement or documents, copies of which have been served on me by the informant, may be used in evidence upon my trial in all respects as if they were depositions taken and exhibits tendered at a committal proceeding; (c) that on being committed for trial, I shall be either remanded in custody until the trial or granted bail until the trial. Dated at Defendant __________________ Sch. 3 -- 69 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 67 FORM 19 RULE 11.01 APPLICATION FOR A REHEARING Informant's name Date of birth Agency Licence No. Defendant's name Phone No. Address Postcode THIS APPLICATION WAS FILED BY: *THE DEFENDANT/*THE INFORMANT ON BEHALF OF THE DEFENDANT On the Magistrates' Court at found the defendant guilty of and ordered: The order was made in the absence of the defendant. The reason for the defendant's non-attendance was: The charge was served † personally † by post † other On the defendant will apply to the Magistrates' Court at for an order that the sentencing order be set aside and the charge to be reheard. Signature of Applicant Date APPLICATION FOR STAY OF ORDER (If the Order affected the Driver's Licence) On the defendant will apply to the Magistrates' Court at for an order that the order affecting the driver's licence be stayed and that the licence holder be allowed to drive until the decision of the re-hearing. Signature of Applicant Date Sch. 3 -- 70 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 68 NOTES FOR INFORMATION If the application is made by the defendant 1. You must serve a copy of this notice of intention to apply for re- hearing on the person who charged you. This is done by— (a) delivering a true copy of this application to the informant personally; or (b) leaving a true copy of this application for the informant at his or her most usual place of residence or of business with some person who apparently resides or works there and who apparently is not less than 16 years of age. Once you have served the document you must fill in the ''Proof of Service'' and give it to the Registrar of the Court at the venue where your case was heard. This must be done at least 14 days before the date for the Application for re-hearing. 2. If you are making an application for a stay of order you must serve a copy on the person who charged you a reasonable time before the Court date for that application. 3. If you are in custody only because of the order that is the subject of this application, you may apply for bail pending the re-hearing. If the application is made by the informant on behalf of the defendant you must serve a copy of the notice in the same manner as a summons may be served. __________________ Sch. 3 -- 71 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 69 FORM 20 RULES 9.04 and 11.01 NOTICE The attached information is provided to notify you of your ability to access information in relation to summary criminal proceedings commenced against you in the Magistrates' Court. In relation to a summary criminal trial you may, at least 10 days before the mention date, give notice in writing to the informant (the person who brought the charge) that you require any of the following: – Copies of witness statements. – Written summaries of the substance of evidence likely to be given by persons who have not provided statements but have provided relevant information to the informant. – The names of all witnesses and persons who have provided statements or relevant information or material and also their address if relevant to the defence case (unless the witness or person objects and the informant believes there are reasonable grounds for refusing to provide the address). – Access to exhibits. – Copies of any documents setting out particulars of any prior convictions or findings of guilt, against yourself, and (where relevant to the proceeding), of any person the informant intends to call to give evidence. – The particulars of any medical examination carried out on yourself on behalf of the informant. The informant may refuse to comply with any of the requirements if he or she is of the opinion that compliance would be reasonably likely to— – prejudice the investigation, enforcement or proper administration of the law. – prejudice a fair trial or impartial adjudication of a particular case. – enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of law. – disclose methods or procedures of investigating breaches of the law, the disclosure of which would be reasonably likely to prejudice the effectiveness of those methods or procedures. Sch. 3 -- 72 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 70 – endanger the life or physical safety of witnesses or their families, providers of confidential information to the informant or persons connected with law enforcement. The informant must comply with your request or supply you with a written statement of the grounds for refusing to comply on or before the 5th day before the mention date or within such other period as the Court may fix. If the informant refuses to supply the requested information you may make an application to the Court for an order compelling the informant to comply. The time requirements for requesting or receiving information may be varied with leave of the Court. Expert Witnesses You must serve on the informant at least 7 days before the mention date listed on the summons a copy of the statement of any expert witness whom you intend to call to give evidence at the hearing. If you have any queries regarding these provisions please contact the informant in your matter (the person who brought the charge), Legal Aid Victoria or the Registrar at your local courthouse. REGISTRAR Dated: 16 May 2006 IAN L. GRAY, Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate PETER HENRY LAURITSEN, Deputy Chief Magistrate ═══════════════ Sch. 3 Sch. 3 -- 73 of 74 -- Magistrates' Court (Criminal Procedure) Rules 2006 S.R. No. 55/2006 71 ENDNOTES 1 Rule 5.01: S.R. No. 58/1999. Reprint No. 3 incorporating amendments as at 1 March 2005. Endnotes -- 74 of 74 --