Supreme Court (Chapter VI Amendment No. 2) Rules 1999

i Supreme Court (Chapter VI Amendment No. 2) Rules 1999 S.R. No. 113/1999 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Substitution of Rules 2.08 and 2.09 2 2.08 Application to Registrar 2 2.09 Hearing by single Judge 2 6. Amendments concerning audio visual links 3 7. Amendments to Forms 6-2A, 6-2B, 6-2C and 6-2D 3 8. New Forms 6-2FA, 6-2FB, 6-2GA and 6-2GB 5 Form 6-2FA—Notification to applicant of registrar's decision under section 582A 5 Form 6-2FB—Election to have application for extension of time determined by the Court Of Appeal 6 Form 6-2GA—N otification to applicant of single judge's decision under section 582 7 Form 6-2GB—Election to have application for leave to appeal against sentence determined by the court of appeal 8 ═══════════════ NOTES 10 -- 1 of 11 -- 1 STATUTORY RULES 1999 S.R. No. 113/1999 Supreme Court Act 1986 Crimes Act 1958 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 The Judges of the Supreme Court make the following Rules: 1. Object The object of these amendments is to make provision for the hearing by a single Judge of Appeal of applications for leave to appeal against sentence and for the attendance of an appellant or applicant by audio visual link and to make certain other minor amendments to Order 2 of Chapter VI. 2. Authorising provisions These Rules are made under section 25 of the Supreme Court Act 1986, section 583 of the Crimes Act 1958 and all other enabling powers. 3. Commencement These Rules come into operation on 1 September 1999. 4. Principal Rules In these Rules, Chapter VI of the Rules of the Supreme Court1 is called the Principal Rules. -- 2 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 2 5. Substitution of Rules 2.08 and 2.09 For Rules 2.08 and 2.09 of the Principal Rules substitute— "2.08 Application to Registrar (1) An application for extension of time within which notice of appeal or notice of application for leave to appeal may be given shall be made in the first instance to the Registrar, who shall notify the applicant of his decision in writing. (2) If an application under paragraph (1) is refused, the Registrar shall notify the applicant of his decision in Form 6-2FA and the applicant may then elect to have the application determined by the Court of Appeal. (3) If in the course of deciding to refuse the application the Registrar has considered an affidavit or other material from the Crown, the Registrar shall provide the applicant with a copy of that affidavit or material when notifying the applicant of the decision. (4) An election under paragraph (2) shall be in writing in Form 6-2FB which the Registrar shall forward to the applicant who must return the election to the Registrar within 10 days after receiving it. 2.09 Hearing by single Judge (1) If an application for leave to appeal against sentence is refused by a Judge of Appeal under section 582 of the Crimes Act 1958, the Registrar shall notify the applicant of the decision in Form 6-2GA and the applicant may then elect to have the application determined by the Court of Appeal. r. 5 -- 3 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 3 (2) An election under paragraph (1) shall be in writing in Form 6-2GB which the Registrar shall forward to the applicant who must return the election to the Registrar within 10 days after receiving it.". 6. Amendments concerning audio visual links (1) After Rule 2.28.1(2) of the Principal Rules insert— "(3) If the appellant so elects, he or she may attend before the Court by audio visual link, if it is practicable to do so.". (2) In Rule 2.35(2)(a) of the Principal Rules, after "leave to appeal" insert "or, if it is practicable to do so, to attend by audio visual link". (3) For Rule 2.35(3) of the Principal Rules substitute— "(3) If a convicted person expresses a wish to be present in court at the hearing of an appeal or application or to attend by audio visual link, the prison officer who has the custody of the person shall inform the Registrar, who shall obtain the necessary order or make the necessary arrangements, as the case may be.". 7. Amendments to Forms 6-2A, 6-2B, 6-2C and 6-2D (1) In Form 6-2A of the Principal Rules— (a) in the list of Particulars, after item 11 insert— "12. State whether you wish to attend by audio visual link at the hearing of this proceeding:"; r. 6 -- 4 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 4 (b) in the Important Notes, for Note 1 substitute— "1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraphs 11 and 12 accordingly or otherwise notify the Registrar in writing of your wish.". (2) In Form 6-2B of the Principal Rules— (a) in the list of Particulars, after item 10 insert— "11. State whether you wish to attend by audio visual link at the hearing of this proceeding:"; (b) in the Important Notes, for Note 1 substitute— "1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your appeal, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraphs 10 and 11 accordingly or otherwise notify the Registrar in writing of your wish.". (3) In Forms 6-2C and 6-2D of the Principal Rules— (a) in the list of Particulars, after item 10 insert— "11. State whether you wish to attend by audio visual link at the hearing of this proceeding:"; r. 7 -- 5 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 5 (b) in the Important Notes, for Note 1 substitute— "1. Unless the Court directs otherwise, you may, if you wish, be present in Court at the hearing of your application, or attend by audio visual link if that is practicable. If you wish to do either of these things, you should complete paragraphs 10 and 11 accordingly or otherwise notify the Registrar in writing of your wish.". 8. New Forms 6-2FA, 6-2FB, 6-2GA and 6-2GB For Forms 6-2F and 6-2G of the Principal Rules substitute— Rule 2.08(2) "FORM 6-2FA [heading as in Form 6-2A] NOTIFICATION TO APPLICANT OF REGISTRAR'S DECISION UNDER SECTION 582A To [name of applicant] I GIVE YOU NOTICE that after consideration of your application for extension of time for giving notice of appeal or notice of application for leave to appeal your application has been refused. If you wish to have the refused application determined by the Court of Appeal, complete the form below and return it to me within 10 DAYS after you receive this notification. Date: [e.g. 15 June, 19 ] [Signed] * Delete if not applicable _______________ r. 8 -- 6 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 6 Rule 2.08(4) FORM 6-2FB [heading as in Form 6-2A] ELECTION TO HAVE APPLICATION FOR EXTENSION OF TIME DETERMINED BY THE COURT OF APPEAL To the Registrar of Criminal Appeals: I [full name], having received your notification that my application for extension of time within which notice of appeal or application for leave to appeal may be given has been refused, GIVE NOTICE that I wish to have my application determined by the Court of Appeal. I wish *to be present at the hearing of my application; *to attend by audio visual link. Date: [e.g. 15 June, 19 ] [Signed by Applicant] [Signed by Witness] * Delete if not applicable NOTE: You must include any reasons additional to those set out in your original application which you wish to have considered by the Court of Appeal. Attach additional material if you wish. _______________ r. 8 -- 7 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 7 Rule 2.09(1) FORM 6-2GA [heading as in Form 6-2A] NOTIFICATION TO APPLICANT OF SINGLE JUDGE'S DECISION UNDER SECTION 582 To [name of applicant] I GIVE YOU NOTICE that after consideration of your application for leave to appeal against sentence your application has been refused by [insert name of Judge] acting under section 582 of the Crimes Act 1958. If you wish to have your application for leave to appeal determined by the Court of Appeal, complete the enclosed form and return it to me within 10 DAYS after you receive this notification. Date: [e.g. 15 June, 19 ] [Signed] * Delete if not applicable _______________ r. 8 -- 8 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 8 Rule 2.09(2) FORM 6-2GB [heading as in Form 6-2A] ELECTION TO HAVE APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY THE COURT OF APPEAL To the Registrar of Criminal Appeals: I [full name], having received your notification that my application for leave to appeal against sentence has been refused by a single Judge of Appeal under section 582 of the Crimes Act 1958, GIVE NOTICE that I wish to have my application determined by the Court of Appeal. I wish *to be present at the hearing of my application; *to attend by audio visual link. Date: [e.g. 15 June, 19 ] [Signed by Applicant] [Signed by Witness] * Delete if not applicable IMPORTANT NOTES: 1. You must include any reasons additional to those set out in your original application for leave to appeal which you wish to have considered by the Court of Appeal. Attach additional material if you wish. 2. The Court of Appeal will, if you wish, consider your case and your argument in writing. If you wish to present your case and argument in writing instead of orally, set out fully your case and argument and cause the same to be delivered to the Registrar not less than 7 days before the hearing. 3. The Court of Appeal may treat the hearing of the application for leave to appeal as the hearing of the appeal. 4. You should be aware that the Court of Appeal has the power under section 568 of the Crimes Act 1958, if it quashes the sentence passed below and substitutes a different sentence, to impose a sentence which is more or less severe than the sentence which is quashed. 5. An application for leave to appeal against sentence may be abandoned not less than three days before the day fixed for the hearing of the application by filing with the Registrar a notice of abandonment in the appropriate form.". r. 8 r. 8 -- 9 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 9 Dated: 26 August 1999 J. H. PHILLIPS, C.J. JOHN WINNEKE, P. ROBERT BROOKING, J.A. R. C. TADGELL, J.A. W. F. ORMISTON, J.A. JOHN D. PHILLIPS, J.A. STEPHEN CHARLES, J.A. J. M. BATT, J.A. PETER BUCHANAN, J.A. ALEX CHERNOV, J.A. BARRY BEACH, J. BERNARD G. TEAGUE, J. P. D. CUMMINS, J. ALLAN W. McDONALD, J. T. H. SMITH, J. DAVID ASHLEY, J. JOHN COLDREY, J. DAVID BYRNE, J. G. M. EAMES, J. H. R. HANSEN, J. PHILIP MANDIE, J. MURRAY B. KELLAM, J. M. L. WARREN, J. ═══════════════ r. 8 -- 10 of 11 -- S.R. No. 113/1999 Supreme Court (Chapter VI Amendment No. 2) Rules 1999 10 NOTES 1 Rule 4: S.R. No. 33/1998 as amended by S.R. No. 33/1999. Notes -- 11 of 11 --