Crown Proceedings Regulations 2002

i Crown Proceedings Regulations 2002 S.R. No. 2/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Revocation 1 4. Definition 1 5. Forfeited recognisances 2 6. Breach of bail 2 __________________ FORMS 3 Form 1—Order Forfeiting a Recognisance 3 Form 2—Notice to Principal and Surety of a Recognisance Forfeited in the Absence of the Principal 4 Form 3—Application to Vary or Rescind Order in Respect of Forfeited Recognisance 6 Form 4—Ex Parte Application for a Stay of Proceedings in Respect of a Forfeited Recognisance 8 Form 5—Warrant to Imprison for Non-Payment of Money Due under a Forfeited Recognisance 10 Form 6—Warrant of Seizure and Sale for Money Due under a Forfeited Recognisance 12 Form 7—Warrant to Seize Property for Money Due under a Forfeited Recognisance 13 Form 8—Warrant to Imprison for want of Seizure and Sale of Property Due under a Forfeited Recognisance 14 Form 9—Notice to Member of Police Force Executing Warrant to Imprison against Principal or Surety 16 Form 10—Statement under Section 5(9A) of the Crown Proceedings Act 1958 in Respect of a Forfeited Recognisance 17 Form 11—Order Forfeiting an Undertaking of Bail 19 -- 1 of 36 -- Regulation Page ii Form 12—Notice to Surety of an Undertaking of Bail Forfeited in His or Her Absence 21 Form 13—Application to Vary or Rescind Order in Respect of Forfeited Undertaking 23 Form 14—Ex Parte Application for a stay of Proceedings in Respect of a Forfeited Undertaking 25 Form 15—Warrant of Seizure and Sale for Moneys Due under a Forfeited Undertaking of Bail 27 Form 16—Warrant to Seize Property for Money Due under a Forfeited undertaking of Bail 28 Form 17—Warrant to Imprison for want of Seizure and Sale of Property Due under a Forfeited Undertaking 29 Form 18—Notice to Member of The Police Force Executing Warrant to Imprison against Surety 31 Form 19—Statement under Section 6(10) of the Crown Proceedings Act 1958 in Respect of a Forfeited Undertaking 32 ═══════════════ ENDNOTES 34 -- 2 of 36 -- 1 STATUTORY RULES 2002 S.R. No. 2/2002 Crown Proceedings Act 1958 Crown Proceedings Regulations 2002 The Governor in Council makes the following Regulations: Dated: 22 January 2002 Responsible Minister: ROB HULLS Attorney-General HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe forms to be used under the Crown Proceedings Act 1958. 2. Authorising provisions These Regulations are made under sections 5 and 6 of the Crown Proceedings Act 1958. 3. Revocation The Crown Proceedings Regulations 19921 are revoked. 4. Definition In these Regulations, "the Act" means the Crown Proceedings Act 1958. -- 3 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 2 5. Forfeited recognisances (1) For the purposes of section 5(2) of the Act, Form 1 is prescribed. (2) For the purposes of section 5(2A) of the Act, Form 2 is prescribed. (3) For the purposes of section 5(3)(b) of the Act, Form 3 is prescribed. (4) For the purposes of section 5(3)(d) of the Act, Form 4 is prescribed. (5) For the purposes of section 5(4) of the Act, Form 5 is prescribed. (6) For the purposes of section 5(5) of the Act, Forms 6, 7 and 8 are prescribed. (7) For the purposes of section 5(9A) of the Act, Forms 9 and 10 are prescribed. 6. Breach of bail (1) For the purposes of section 6(2) of the Act, Form 11 is prescribed. (2) For the purposes of section 6(3) of the Act, Form 12 is prescribed. (3) For the purposes of section 6(5) of the Act, Form 13 is prescribed. (4) For the purposes of section 6(7) of the Act, Form 14 is prescribed. (5) For the purposes of section 6(9) of the Act, Forms 15, 16 and 17 are prescribed. (6) For the purposes of section 6(10) of the Act, Forms 18 and 19 are prescribed. __________________ r. 5 -- 4 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 3 FORMS FORM 1 Crown Proceedings Act 1958 (section 5(2)) ORDER FORFEITING A RECOGNISANCE In the Court at Court Ref Principal Surety On the abovenamed Principal/*and Surety entered a recognisance for $ , the conditions of the recognisance being— The Principal has failed to observe a condition of the recognisance. The Court therefore declares the recognisance forfeited and orders that— * the Principal pay the amount of $ to the proper officer of the Court at *forthwith/within after the date of this order and that in default of payment of the amount in accordance with this order the Principal be imprisoned for the term of * the Surety pay the amount of $ to the proper officer of the Court at *forthwith/within after the date of this order and that in default of payment of the amount in accordance with this order the amount be obtained by seizing and selling the property of the Surety and in default of seizure and sale of property, in whole or in part, that the Surety be imprisoned for the term of Dated *Judge *Magistrate *Delete if inapplicable. __________________ Form 1 -- 5 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 4 FORM 2 Crown Proceedings Act 1958 (section 5(2A)) NOTICE TO PRINCIPAL AND SURETY OF A RECOGNISANCE FORFEITED IN THE ABSENCE OF THE PRINCIPAL In the Court at Court Ref Principal [name] [address] Surety [name] [address] To the abovenamed *Principal/Surety. On in the *Supreme/County/Magistrates' Court at the *Principal/Surety entered a recognisance in the amount of $ , the conditions of the recognisance being— The recognisance was respited to As the Principal failed to observe a condition of the recognisance the Court on declared the recognisance forfeited and ordered that— * the Principal pay the amount of $ to the proper officer of the Court *forthwith/within after the date of the order and that in default of payment of the amount in accordance with the order the Principal be imprisoned for the term of * the Surety pay the amount of $ to the proper officer of the Court *forthwith/within after the date of the order and that in default of payment of the amount in accordance with the order the amount be obtained by seizing and selling the property of the Surety and in default of seizure and sale of property, in whole or in part, that the Surety be imprisoned for the term of Form 2 -- 6 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 5 Take notice— *a warrant to imprison *a warrant of seizure and sale *a warrant to seize property will issue after the expiration of 28 days after the date of the order unless— (a) the amount due under the order is paid; or (b) an order is made for the payment of the amount by instalments; or (c) within 28 days from receipt of this notice application to vary or rescind the order is made to the court where the recognisance was forfeited. Dated [Signed] Proper officer of the Court *Delete if inapplicable. __________________ Form 2 -- 7 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 6 FORM 3 Crown Proceedings Act 1958 (section 5(3)) APPLICATION TO VARY OR RESCIND ORDER IN RESPECT OF FORFEITED RECOGNISANCE In the Court at Court Ref Principal Surety On the abovenamed Principal/*and Surety entered a recognisance in the amount of $ , the conditions of the recognisance being— As the Principal failed to observe a condition of the recognisance the Court on declared the recognisance forfeited and ordered that— * I, [name of Principal] of [address] pay the amount of $ to the proper officer of the Court *forthwith/within after the date of the order and in default to be imprisoned for the term of * I, [name of Surety] of [address] pay the amount of $ to the proper officer of the Court *forthwith/within after the date of the order and in default the amount be obtained by seizure and sale of any property and in default of the amount being obtained by seizure and sale of any property I be imprisoned for the term of Under section 5(3)(a) of the Crown Proceedings Act 1958 I apply for an order to vary or rescind the order on the ground that it would be unjust to require me to pay the amount of the recognisance, and I give notice that I shall apply to the Court on at *a.m/p.m. Particulars of such ground are— Form 3 -- 8 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 7 Dated [Signed] Applicant To the proper officer of the court at and to *the Director of Public Prosecutions *the informant or complainant *Delete if inapplicable. __________________ Form 3 -- 9 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 8 FORM 4 Crown Proceedings Act 1958 (section 5(3)(d)) EX PARTE APPLICATION FOR A STAY OF PROCEEDINGS IN RESPECT OF A FORFEITED RECOGNISANCE Principal Surety I, of *the Supreme Court apply to *the County Court at *the Magistrates' Court for a stay of proceedings pending the hearing of my application to vary or rescind the order which declared a recognisance forfeited. The order declaring the recognisance forfeited was made at the Court at on The application to vary or rescind the order was lodged with the *Supreme Court/*County Court/*Magistrates' Court at on [Signed] Applicant ORDER Pending determination of the application of the *Principal/*Surety to vary or rescind the order declaring the recognisance forfeited, it is ordered that proceedings against the *Principal/*Surety be stayed and it is directed that * any warrant issued in the case must be returned unexecuted * the issue or execution of any warrant be stayed pending the determination of the application. Form 4 -- 10 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 9 Dated *Judge *Magistrate This document is to be filed with the court which declared the recognisance forfeited immediately after the order has been signed. *Delete if inapplicable. __________________ Form 4 -- 11 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 10 FORM 5 Crown Proceedings Act 1958 (section 5(4)) WARRANT TO IMPRISON FOR NON-PAYMENT OF MONEY DUE UNDER A FORFEITED RECOGNISANCE In the Court at Court Ref Principal Surety of To all members of the police force of the State of Victoria and to the officer in charge of the prison at or any other prison which is more accessible or more convenient. On the abovenamed Principal/*and Surety entered into a recognisance in the amount of $ , the conditions of the recognisance being— As the Principal failed to observe a condition of the recognisance the Court at on declared the recognisance forfeited and ordered the Principal to pay the amount of $ . The Principal not having paid the amount as ordered— You the member of the police force executing this warrant are authorised to break, enter and search any place where the Principal is suspected to be and are directed and authorised, unless the amount is sooner paid to you, to take and safely convey the Principal to the prison at or any other prison which is more accessible or more convenient and there deliver the Principal to the officer in charge with this warrant. And you the officer in charge are directed and authorised to receive the Principal into your custody and safely keep him or her in prison for unless the amount of $ is paid to you sooner or unless the Principal is otherwise removed or discharged from custody by due course of law. Form 5 -- 12 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 11 Dated *Prothonotary *Registrar of the County Court *Registrar of the Magistrates' Court *Delete if inapplicable. __________________ Form 5 -- 13 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 12 FORM 6 Crown Proceedings Act 1958 (section 5(5)) WARRANT OF SEIZURE AND SALE FOR MONEY DUE UNDER A FORFEITED RECOGNISANCE In the Court at Court Ref Principal Surety of To *the Sheriff/all members of the police force: On the abovenamed Principal and Surety entered a recognisance in the amount of $ , the conditions of the recognisance being— The Principal failed to observe a condition of the recognisance and the Court at declared the recognisance forfeited and ordered on that the Surety pay the amount of $ . As the Surety has not paid the amount as ordered— You are directed and authorised to seize the personal property of the Surety. If the amount together with all lawful costs of execution are not paid, you are to sell the property and pay the amount to the *Prothonotary of the Supreme Court/*Registrar of the County Court. You or your officers must indorse details of execution on this warrant. Dated Issued at Issued by *Prothonotary *Registrar of the County Court *Delete if inapplicable. __________________ Form 6 -- 14 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 13 FORM 7 Crown Proceedings Act 1958 (section 5(5)) WARRANT TO SEIZE PROPERTY FOR MONEY DUE UNDER A FORFEITED RECOGNISANCE In the Court at Court Ref Principal Surety of To *the Sheriff/all members of the police force: On the abovenamed Principal and Surety entered a recognisance in the amount of $ , the conditions of the recognisance being— The Principal failed to observe a condition of the recognisance and the Magistrates' Court at declared the recognisance forfeited and ordered on that the Surety pay the amount of $ . As the Surety has not paid the amount as ordered— You are directed and authorised to seize the personal property of the Surety. If the amount together with all lawful costs of execution are not paid, you are to sell the property and pay the amount to the Registrar of the Magistrates' Court at You or your officers must indorse details of execution on this warrant. Dated Issued at Issued by Registrar of the Magistrates' Court *Delete if inapplicable. __________________ Form 7 -- 15 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 14 FORM 8 Crown Proceedings Act 1958 (section 5(5)) WARRANT TO IMPRISON FOR WANT OF SEIZURE AND SALE OF PROPERTY DUE UNDER A FORFEITED RECOGNISANCE In the Court at Court Ref Principal Surety of To all members of the police force of the State of Victoria and to the officer in charge of the prison at or any other prison which is more accessible or more convenient. On the abovenamed Principal and Surety entered a recognisance in the amount of $ , the conditions of the recognisance being— As the Principal failed to observe a condition of the recognisance, the Court at on declared the recognisance forfeited and ordered the Surety to pay the amount of $ . The Surety not having paid the amount as ordered and no sufficient property having been obtained by seizing and selling property— You the member of the police force executing this warrant are authorised to break, enter and search any place where the Surety is suspected to be and are directed and authorised, unless the amount is sooner paid to you, to take and safely convey the Surety to the prison at or any other prison which is more accessible or more convenient and there deliver the Surety to the officer in charge with this warrant. And you the officer in charge are directed and authorised to receive the Surety into your custody and safely keep him or her in prison for unless the amount of $ is paid to you sooner or unless the Surety is otherwise removed or discharged from custody by due course of law. Form 8 -- 16 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 15 Dated *Prothonotary *Registrar of the County Court *Registrar of the Magistrates' Court *Delete if inapplicable. __________________ Form 8 -- 17 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 16 FORM 9 Crown Proceedings Act 1958 (section 5(9A)) (FORFEITED RECOGNISANCE) NOTICE TO MEMBER OF POLICE FORCE EXECUTING WARRANT TO IMPRISON AGAINST PRINCIPAL OR SURETY To the member of the police force in the State of Victoria executing the attached warrant to imprison. Take notice— Before the execution of this warrant you are required to deliver to the person liable to be imprisoned the attached "Statement under section 5(9A) of the Crown Proceedings Act 1958 in respect of a forfeited recognisance". You shall allow the person reasonable time and opportunity to make application to vary or rescind the order of forfeiture should he or she so desire. Dated *Prothonotary *Registrar of the County Court *Registrar of the Magistrates' Court *Delete if inapplicable. __________________ Form 9 -- 18 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 17 FORM 10 STATEMENT UNDER SECTION 5(9A) OF THE CROWN PROCEEDINGS ACT 1958 IN RESPECT OF A FORFEITED RECOGNISANCE Principal Surety To the *Principal/Surety On the Court at declared forfeited the recognisance entered by you and ordered that you pay the amount of $ to the proper officer of the Court at *forthwith/within You have failed to comply with the order and a warrant to imprison is in the possession of the member of the police force who has delivered this statement to you. The warrant requires that you go to prison unless you pay the amount specified in the warrant. However, the member of the police force will give you reasonable time and opportunity, should you so desire, to make an application to vary or rescind the order. Take notice— The provisions relating to the application to vary or rescind the forfeiture order are contained in section 5(3) of the Crown Proceedings Act 1958, which provides— 1. Where a recognisance has been forfeited any Principal or Surety may apply to vary or rescind the forfeiture order— (a) if you were present in court when the order was made—within 28 days after the making of the order; (b) if you were not present in court when the order was made—within 28 days after the order first comes to your notice. 2. An application to vary or rescind a forfeiture order shall be made to the court that made the order. 3. Every application referred to in paragraph 1 must be in writing in the prescribed form and signed by the applicant and must set out the grounds. The application is to be lodged with the proper officer of the court where the application is to be heard within a reasonable time before the hearing. Form 10 -- 19 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 18 4. Not less than 28 days before the hearing the applicant must serve or cause to be served personally or by post a true copy of the application— (a) on the informant or complainant; or (b) in the case of a presentment—on the Director of Public Prosecutions. 5. At any time after the lodging of the application, the applicant may apply ex parte to a court for a stay of proceedings in the matter and the court may direct the return of any warrant unexecuted or may stay the issue or execution of any warrant pending the determination of the application. *Delete if inapplicable. __________________ Form 10 -- 20 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 19 FORM 11 Crown Proceedings Act 1958 (section 6(1), (1A), (2)) ORDER FORFEITING AN UNDERTAKING OF BAIL In the Court at Court Ref Principal Surety On the abovenamed Principal/*and Surety signed an undertaking of bail conditioned for the appearance of the Principal at the Court at on The undertaking was extended to The Principal has failed to observe a condition of the undertaking. The Court therefore declares bail forfeited and orders that— * the money or other security deposited by the Principal be forfeited and the amount of the bail, being $ , be paid to the proper officer of the Court at * (a) the Surety pay the amount of $ to the proper officer of the Court at *forthwith/within after the date of this order; and (b) in default of payment of the amount in accordance with this order the amount be obtained by seizing and selling the property of the Surety; and (c) in default of seizure and sale of property, in whole or in part, the Surety be imprisoned for the term of Dated *Judge *Magistrate *Delete if inapplicable. Form 11 -- 21 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 20 * FURTHER ORDER WHERE SURETY HAS LODGED CASH OR OTHER SECURITY In accordance with section 9(3)(a) of the Bail Act 1977— * the Surety has lodged in cash the amount of the bail, being $ * the Surety has lodged by way of security [state nature of document, eg. pass-book, for operating account] for operating the account [full description of account including name and address of bank etc. where account is held] The Court further orders that— * the cash lodged be forfeited * the amount of the bail, being $ , be withdrawn from the above account and the amount of the bail be paid to the proper officer of the Court at Dated *Judge *Magistrate *Delete if inapplicable. __________________ Form 11 -- 22 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 21 FORM 12 Crown Proceedings Act 1958 (section 6(3)) NOTICE TO SURETY OF AN UNDERTAKING OF BAIL FORFEITED IN HIS OR HER ABSENCE In the Court at Court Ref Principal [name] [address] Surety [name] [address] To the abovenamed Surety. On you signed an undertaking of bail conditioned for the appearance of the Principal at the Court at on The undertaking was extended to * You lodged in cash the amount of the bail, being $ * You lodged by way of security [state nature of document, eg. pass-book, for operating account] for operating the account [full description of account including name and address of bank etc. where account is held] As the Principal failed to observe a condition of the undertaking the Court on declared bail forfeited and ordered that— (a) you as Surety pay the amount of $ to the proper officer of the Court at *forthwith/within after the date of this order; and (b) in default of payment of the amount in accordance with the order, the amount be obtained by seizure and sale of your property; and Form 12 -- 23 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 22 (c) in default of seizure and sale, in whole or in part, you be imprisoned for the term of *The Court further ordered that— * the cash lodged by you be forfeited * the amount of the bail, being $ , be withdrawn from the above account and the amount of the bail be paid to the proper officer of the Court at Take notice— * a warrant of seizure and sale * a warrant to seize property will issue after the expiration of 28 days after the date of the order unless— (a) the amount due under the order is paid; or (b) an order is made for the payment of the amount by instalments; or (c) within 28 days from receipt of this notice application to vary or rescind the order is made to the court where bail was forfeited. Dated [Signed] Proper officer of the Court *Delete if inapplicable. __________________ Form 12 -- 24 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 23 FORM 13 Crown Proceedings Act 1958 (section 6(4), (5), (6)) APPLICATION TO VARY OR RESCIND ORDER IN RESPECT OF FORFEITED UNDERTAKING In the Court at Court Ref Principal Surety On the abovenamed Principal and Surety signed an undertaking of bail conditioned for the appearance of the Principal at the *Supreme/*County Court at the sittings commencing on *Magistrates' Court at on As the Principal failed to observe a condition of the undertaking the Court on declared bail forfeited and ordered that I, the abovenamed Surety, pay the amount of $ to the proper officer of the Court at *forthwith/within after the date of the order and in default the amount be obtained by seizure and sale of my property and that in default of the amount being obtained by seizure and sale, I be imprisoned for the term of Under section 6(4) of the Crown Proceedings Act 1958 I apply for an order to vary or rescind the order on the ground that it would be unjust to require me to pay the amount undertaken to be paid. I give notice that I shall apply to the Court on at *a.m/p.m. Particulars of such ground are— Dated [Signed] Applicant Form 13 -- 25 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 24 To the proper officer of the Court at and to *the Director of Public Prosecutions *the informant or complainant *the officer in charge of the police station at *Delete if inapplicable. __________________ Form 13 -- 26 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 25 FORM 14 Crown Proceedings Act 1958 (section 6(7)) EX PARTE APPLICATION FOR A STAY OF PROCEEDINGS IN RESPECT OF A FORFEITED UNDERTAKING Principal Surety I, the abovenamed Surety of *the Supreme Court apply to *the County Court at *the Magistrates' Court for a stay of proceedings pending the hearing of my application to vary or rescind the order which declared the undertaking forfeited. The order declaring the undertaking forfeited was made by the Court at on The application to vary or rescind the order was lodged with the *Supreme Court/*County Court/*Magistrates' Court at on [Signed] Surety ORDER Pending determination of the application of the Surety to vary or rescind the order declaring the undertaking forfeited, it is ordered that proceedings against the Surety be stayed and it is directed that * any warrant issued in the case must be returned unexecuted * the issue or execution of any warrant be stayed pending the determination of the application. Form 14 -- 27 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 26 Dated *Judge *Magistrate This document is to be filed with the court which declared the undertaking forfeited immediately after the order has been signed. *Delete if inapplicable. __________________ Form 14 -- 28 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 27 FORM 15 Crown Proceedings Act 1958 (section 6(9)) WARRANT OF SEIZURE AND SALE FOR MONEYS DUE UNDER A FORFEITED UNDERTAKING OF BAIL In the Court at Court Ref Principal Surety of To *the Sheriff/all members of the police force: On the abovenamed Principal and Surety signed an undertaking of bail, the conditions of the undertaking being— The Principal failed to observe a condition of the undertaking and the Court at declared the bail forfeited and ordered on that the Surety pay the amount of $ . As the Surety has not paid the amount as ordered— You are directed and authorised to seize the personal property of the Surety. If the amount together with all lawful costs of execution are not paid, you are to sell the property and pay the amount to the *Prothonotary of the Supreme Court/*Registrar of the County Court. You or your officers must indorse details of execution on this warrant. Dated Issued at Issued by *Prothonotary *Registrar of the County Court *Delete if inapplicable. __________________ Form 15 -- 29 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 28 FORM 16 Crown Proceedings Act 1958 (section 6(9)) WARRANT TO SEIZE PROPERTY FOR MONEY DUE UNDER A FORFEITED UNDERTAKING OF BAIL In the Court at Court Ref Principal Surety of To *the Sheriff/all members of the police force: On the abovenamed Principal and Surety signed an undertaking of bail, the conditions of the undertaking being— The Principal failed to observe a condition of the undertaking and the Magistrates' Court at declared the bail forfeited and ordered on that the Surety pay the amount of $ . As the Surety has not paid the amount as ordered— You are directed and authorised to seize the personal property of the Surety. If the amount together with all lawful costs of execution are not paid, you are to sell the property and pay the amount to the Registrar of the Magistrates' Court at You or your officers must indorse details of execution on this warrant. Dated Issued at Issued by Registrar of the Magistrates' Court *Delete if inapplicable. __________________ Form 16 -- 30 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 29 FORM 17 Crown Proceedings Act 1958 (section 6(9)) WARRANT TO IMPRISON FOR WANT OF SEIZURE AND SALE OF PROPERTY DUE UNDER A FORFEITED UNDERTAKING In the Court at Court Ref Principal Surety of To all members of the police force of the State of Victoria and to the officer in charge of the Prison at or any other prison which is more accessible or more convenient. On the abovenamed Principal and Surety signed an undertaking of bail, the conditions of the undertaking being— As the Principal failed to observe a condition of the undertaking, the Court at on declared bail forfeited and ordered the Surety to pay the amount of $ . The Surety not having paid the amount as ordered and no sufficient property having been obtained by seizing and selling property— You the member of the police force executing this warrant are authorised to break, enter and search any place where the Surety is suspected to be and are directed and authorised, unless the amount is sooner paid to you, to take and safely convey the Surety to the prison at or any other prison which is more accessible or more convenient and there deliver the Surety to the officer in charge with this warrant. And you the officer in charge are directed and authorised to receive the Surety into your custody and safely keep him or her in prison for unless the amount of $ is paid to you sooner or unless the Surety is otherwise removed or discharged from custody by due course of law. Form 17 -- 31 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 30 Dated *Prothonotary *Registrar of the County Court *Registrar of the Magistrates' Court *Delete if inapplicable. __________________ Form 17 -- 32 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 31 FORM 18 Crown Proceedings Act 1958 (section 6(10)) (FORFEITED UNDERTAKING) NOTICE TO MEMBER OF THE POLICE FORCE EXECUTING WARRANT TO IMPRISON AGAINST SURETY To the member of the police force in the State of Victoria executing the attached warrant to imprison. Take notice— Before the execution of this warrant you are required to deliver to the person liable to be imprisoned the attached "Statement under section 6(10) of the Crown Proceedings Act 1958 in respect of a forfeited undertaking". You shall allow the person reasonable time and opportunity to make application to vary or rescind the order of forfeiture should he or she so desire. Dated *Prothonotary *Registrar of the County Court *Registrar of the Magistrates' Court *Delete if inapplicable. __________________ Form 18 -- 33 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 32 FORM 19 STATEMENT UNDER SECTION 6(10) OF THE CROWN PROCEEDINGS ACT 1958 IN RESPECT OF A FORFEITED UNDERTAKING Principal Surety To the abovenamed Surety On the Court at declared forfeited the undertaking of bail signed by you and ordered that you pay the amount of $ to the proper officer of the Court at *forthwith/within You have failed to comply with the order and a warrant to imprison is in the possession of the member of the police force who has delivered this statement to you. The warrant requires that you go to prison unless you pay the amount specified in the warrant. However, the member of the police force will give you reasonable time and opportunity, should you so desire, to make an application to vary or rescind the order. Take notice— The provisions relating to the application to vary or rescind the forfeiture order are contained in section 6(4) to (7) of the Crown Proceedings Act 1958, which provides— 1. Where bail is declared to be forfeited any Surety may apply to vary or rescind the forfeiture order— (a) if you were present in court when the order was made—within 28 days after the making of the order; (b) if you were not present in court when the order was made—within 28 days after the order first comes to your notice. 2. An application to vary or rescind a forfeiture order shall be made to the court that made the order. 3. Every application referred to in paragraph 1 must be in writing in the prescribed form signed by the applicant and must set out the grounds. The application is to be lodged with the proper officer of the court where the application is to be heard within a reasonable time before the hearing. Form 19 -- 34 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 33 4. Not less than 28 days before the hearing the applicant must serve or cause to be served personally or by post a true copy of the application— (a) on the informant or complainant; or (b) where the informant is a member of the police force—on the officer in charge of the police station nearest to the court where the application is to be heard; or (c) in the case of a presentment or an appeal—on the Director of Public Prosecutions. 5. At any time after the lodging of the application, the applicant may apply ex parte to a court for a stay of proceedings in the matter and the court may direct the return of any warrant unexecuted or may stay the issue or execution of a warrant pending the determination of the application. *Delete if inapplicable. ═══════════════ Sch. 19 -- 35 of 36 -- S.R. No. 2/2002 Crown Proceedings Regulations 2002 34 ENDNOTES 1 Reg. 3: S.R. No. 131/1992. Endnotes -- 36 of 36 --