Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998

i Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 S.R. No. 18/1998 TABLE OF PROVISIONS Rule Page ORDER 1—PRELIMINARY 1 1.01 Object 1 1.02 Authorising provisions 1 ORDER 2—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 1 2.01 Application 1 2.02 Form of application 1 2.03 Filing 2 2.04 Service 2 2.05 Duty of applicant 2 2.06 Payment of costs 2 2.07 Application under section 42L 2 2.08 Application under section 42M 3 2.09 Application under section 42N 3 2.10 Application under section 42P 3 __________________ FORMS 4 Form 2A—Notice of application under section 42E(1) of the Evidence Act 1958 4 Form 2B—Notice of application under section 42L of the Evidence Act 1958 6 Form 2C—Notice of application under section 42M, 42N or 42P of the Evidence Act 1958 7 ═══════════════ -- 1 of 9 -- 1 STATUTORY RULES 1998 S.R. No. 18/1998 Children and Young Persons Act 1989 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 The Chief Magistrate and the Children's Court Senior Magistrate jointly make the following Rules: ORDER 1—PRELIMINARY 1.01 Object The object of these Rules is facilitate applications to the Court under Part IIA of the Evidence Act 1958. 1.02 Authorising provisions These Rules are made under section 280B of the Children and Young Persons Act 1989 and all other enabling powers. ORDER 2—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 2.01 Application This Order applies to applications under Part IIA of the Evidence Act 1958. 2.02 Form of application Notice of an application for a direction under section 42E(1) of the Act must be in Form 2A. -- 2 of 9 -- S.R. No. 18/1998 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 2 2.03 Filing The applicant must file the notice at least 7 days before the person the subject of the application is due to appear before or give evidence or make a submission to the Court. 2.04 Service As soon as practicable after the filing of the notice the applicant must serve a copy on every other party. 2.05 Duty of applicant If, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant must notify the Registrar forthwith. 2.06 Payment of costs Unless the Court otherwise orders, the appropriate amount prescribed by the regulations under section 42H(1) of the Act shall be paid in the first instance by the applicant. 2.07 Application under section 42L Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42L of the Act must be in Form 2B; (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. r. 2.03 -- 3 of 9 -- S.R. No. 18/1998 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 3 2.08 Application under section 42M Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42M of the Act must be in Form 2C; (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 2.09 Application under section 42N Unless the application is made in accordance with sub-section (3)— (a) notice of an application under section 42N of the Act must be in Form 2C; (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. 2.10 Application under section 42P Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42P of the Act must be in Form 2C; (b) a copy of the notice must be served as soon as practicable after the notice has been filed; and (c) service may be by pre-paid post. _______________ r. 2.08 -- 4 of 9 -- S.R. No. 18/1998 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 4 FORMS RULE 2.02 FORM 2A NOTICE OF APPLICATION UNDER SECTION 42E(1) OF THE EVIDENCE ACT 1958 [heading as in originating process] PART 1—PARTICULARS OF APPLICATION I, [name of applicant] of [address of applicant or firm of solicitor for applicant] hereby request an *audio visual/*audio link in accordance with the following details— 1. *Audio visual/*Audio link— From [originating city/town] To [receiving city/town] 2. Type of hearing—[e.g.*Hearing/*Protection Application/*Other] 3. Number of persons to appear before, or give evidence by *audio visual/*audio link— 4. Suggested time (if any) for link— 5. Estimate of duration of link— 6. Is this application being made with the consent of the parties to the proceeding?— 7. If the answer to question 6 is No, what parties have not given consent?— 8. If a hearing date has been fixed, what is the date of the hearing?— I hereby undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act. Date— [Signature] PART 2—PARTICULARS OF HEARING Form 2A -- 5 of 9 -- S.R. No. 18/1998 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 5 (to be completed by the Registrar) The application will be heard before the Children's Court at on [e.g. 20 June, 19 ] at a.m.[or p.m.] or so soon afterwards as the business of the Court allows. FILED [e.g. 15 June, 19 ]. *strike out as appropriate. _______________ Form 2A -- 6 of 9 -- S.R. No. 18/1998 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 6 RULE 2.07 FORM 2B NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE ACT 1958 In the Children's Court at The Queen v. [name of accused] PARTICULARS OF APPLICATION TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it. Type of hearing—[insert details] Date of hearing—[insert details] The grounds on which this application are made are—[set out grounds] Date— [Signature] _______________ Form 2B -- 7 of 9 -- S.R. No. 18/1998 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 7 RULES 2.08, 2.09 and 2.10 FORM 2C NOTICE OF APPLICATION UNDER SECTION 42M, 42N or 42P OF THE EVIDENCE ACT 1958 In the Children's Court at The Queen v. [name of accused] PART 1—PARTICULARS OF APPLICATION TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear before it by audio visual link. 1. Type of hearing—[insert details] 2. Date of hearing—[insert details] 3. The grounds on which this application is made are—[set out grounds] 4. Is this application being made with the consent of the parties to the proceeding?— 5. If the answer to question 4 is No, what parties have not given consent?— 6. If the accused is in custody, do facilities exist for an audio visual link?— Date— [Signature] PART 2—PARTICULARS OF HEARING (to be completed by the Registrar) The application will be heard before the Court at , on [e.g. 20 June, 19 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. FILED [e.g. 15 June, 19 ]. Dated: 2 March 1998 Form 2C Form 2C -- 8 of 9 -- S.R. No. 18/1998 Children's Court (Evidence - Audio Visual and Audio Linking) Rules 1998 8 MICHAEL ANTHONY ADAMS, QC, CM JENNIFER ANN COATE, Children's Court, Senior Magistrate ═══════════════ -- 9 of 9 --