Criminal Appeals and Procedures Rules 1998

i Criminal Appeals and Procedures Rules 1998 S.R. No. 33/1998 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. New Chapter VI 2 ORDER 1—PRELIMINARY 2 1.01 Title 2 1.02 Commencement 2 1.03 Revocation 2 1.04 Application of Rules 2 1.05 Subpoenas 2 1.06 Definition 3 1.07 Registrar of Criminal Appeals 3 ORDER 2—CRIMINAL APPEALS 3 PART 1—PRELIMINARY 3 2.01 Definitions 3 2.02 Effect of non-compliance 5 2.03 Dispensing with compliance 5 PART 2—COMMENCEMENT OF APPEALS 5 2.04 Institution of appeal 5 2.05 Form of notice 5 2.06 Application for extension of time 6 2.07 No notice of appeal when leave to appeal granted 6 2.07.1 Application may be treated as appeal 6 2.08 Application made to Registrar 6 2.09 If application refused by Registrar 6 2.10 Abandonment 7 2.11 Amendment of notice of appeal 7 2.12 Reference on petition of mercy 7 2.13 Certificate from trial judge 8 2.13.1 Crown appeals 8 -- 1 of 99 -- Rule Page ii PART 3—APPEAL WHERE FINE AND IMPRISONMENT IN DEFAULT 8 2.14 Fine paid to be retained pending appeal 8 2.15 Procedure 9 PART 4—PROCEDURES 10 2.16 Pre-hearing conference 10 2.17 Transcript of trial 11 2.18 Preservation of exhibits 11 2.19 Copies of transcript, exhibits etc. 12 2.20 Return of exhibits after hearing 13 2.21 Entitlement to hearing when restitution order made 13 2.22 Property subject to restitution order 14 2.23 Custody of property of convicted person 14 2.24 Security may be ordered 14 2.25 Stay of destruction, forfeiture order 15 2.26 Certificate of conviction 15 2.27 Report from trial judge 15 2.28 Original depositions, exhibits etc. 16 2.28.1 Attendance of appellant 16 2.28.2 Written case and argument 17 PART 5—MISCELLANEOUS 17 2.29 Bail 17 2.30 Registrar to notify determination 17 2.31 Witnesses before Court of Appeal 18 2.32 Examination other than by court 18 2.33 Special commissioners 20 2.34 Transfer of prisoners 21 2.35 Duties of prison officers 21 ORDER 3—PRISON SENTENCES (COUNTY COURT APPEALS) APPEAL RULES 22 3.01 Definition 23 3.02 Notice of intention to apply for leave 23 3.03 No notice of appeal when leave is granted 23 3.04 Service of notice 23 3.05 Procedure on hearing 23 3.06 Application may be treated as appeal 24 3.07 Obligation of prison officers 24 -- 2 of 99 -- Rule Page iii ORDER 4—PRE-TRIAL CRIMINAL PROCEDURE RULES 24 4.01 Definitions 25 4.02 Notice by solicitor to DPP and CTLD 26 4.03 Copy presentment to be served 27 4.04 Notification of readiness for trial 28 4.05 Notice by solicitor to Prothonotary 28 4.06 Unrepresented accused person 28 4.07 Questionnaire 29 4.08 Costs liability 29 4.09 Pre-trial conference 30 4.10 Pre-trial hearing 32 SCHEDULE 34 ORDER 5—PAYMENT OF FINES RULES 36 5.01 Definitions 36 5.02 Proper officer 36 5.03 Application 36 5.04 Application operates as stay 36 5.05 Consideration of application 37 5.06 Service of copy order 37 5.07 Enforcement of fines against a natural person 37 5.08 Enforcement of fine against body corporate 38 ORDER 6—CONFISCATION OF PROFITS RULES 38 6.01 Definition 38 6.02 Application 38 6.03 Notice 39 6.04 Filing, service, directions 39 6.05 Notice of discharge of order 39 6.06 Prescribed officer for examination 40 6.07 Registration of interstate order 40 6.08 Facsimile copy of interstate order 40 6.09 Notice of the discharge of a forfeiture order 40 ORDER 7—LISTENING DEVICES RULES 40 7.01 Definition 40 7.02 Application 41 7.03 Complaint to be in prescribed form 41 7.04 Filing and service of documents 41 7.05 Form 41 ORDER 8—PROCEEDS OF CRIME RULES 41 -- 3 of 99 -- Rule Page iv 8.01 Provisions of Order 6 to apply 41 8.02 Examination on oath 42 ORDER 9—WITNESS PROTECTION RULES 42 9.01 Definition 42 9.02 Application 42 9.03 Application to be in prescribed form 42 9.04 Filing and service of documents 42 ORDER 10—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 43 10.01 Definition 43 10.02 Application under section 42E 43 10.03 Application under section 42L 43 10.04 Application under section 42M 43 10.05 Application under section 42N 43 10.06 Application under section 42P 44 __________________ FORMS 45 Form 6-2A—Notice of Appeal 45 Form 6-2B—Notice of Appeal upon the certificate of the trial judge 47 Form 6-2C—Notice of application for leave to appeal against a conviction 49 Form 6-2D—Notice of application for leave to appeal against sentence 51 Form 6-2E—Application for extension of time within which to lodge Notice of Appeal 53 Form 6-2F—Notification to appellant of Registrar's decision under section 582A 54 Form 6-2G—Election to have application for extension of time determined by the Court of Appeal 55 Form 6-2H—Notice of abandonment 56 Form 6-2J—Trial judge's certificate 57 Form 6-2K—Recognizance of appellant sentenced to pay a fine (and surety) 58 Form 6-2L—Notification of result of appeal or application 60 Form 6-2M—Appellant's application for examination of further witness(es) 61 -- 4 of 99 -- Rule Page v Form 6-2N—Notice to witness to attend before examiner 62 Form 6-2P—Notice to prisoner who wishes to appeal 63 Form 6-3A—Notice of intention to apply for leave to apply against sentence imposed under section 86 of the Magistrates' Court Act 1989 64 Form 6-3B—Information for persons upon whom a sentence of imprisonment has been imposed by the County Court upon appeal from the Magistrates' Court in substitution for some other sentence imposed by the Magistrates' Court 65 Form 6-4A—Notice that solicitor acts 66 Form 6-4B—Notice that solicitor has ceased to act 67 Form 6-4C—Notice of readiness for trial 68 Form 6-4D—Notice to accused person 69 Form 6-4E—Questionnaire 70 Form 6-4F—Application for pre-trial hearing 71 Form 6-5A—Application by offender who has been fined 72 Form 6-5B—Notice about the procedure for enforcement of fines 74 Form 6-5C—Consent to community-based order 76 Form 6-5D—Community-based order in default of payment of a fine 78 Form 6-5E—Summons for failure to pay a fine 80 Form 6-5F—Notice about the procedure for enforcement of a fine (bodies corporate) 82 Form 6-6A—Application 83 Form 6-6B—Application 84 Form 6-6C—Notice of discharge of forfeiture order 85 Form 6-7A—Complaint 86 Form 6-7B—Warrant 87 Form 6-9A—Application 89 Form 6-10A—Notice of application under section 42L of the Evidence Act 1958 90 Form 6-10B—Notice of application under section 42M, 42N or 42P of the Evidence Act 1958 91 -- 5 of 99 -- Rule Page vi ═══════════════ NOTES 93 -- 6 of 99 -- 1 STATUTORY RULES 1998 S.R. No. 33/1998 Supreme Court Act 1986 Crimes Act 1958 Sentencing Act 1991 Interpretation of Legislation Act 1984 Criminal Appeals and Procedures Rules 1998 The Judges of the Supreme Court make the following Rules: 1. Object The object of these Rules is to provide certain forms and procedures for matters in the Court under the Crimes Act 1958 and under other legislation relating to matters of a criminal, quasi- criminal or related nature. 2. Authorising provisions These Rules are made under— (a) section 25 of the Supreme Court Act 1986; (b) sections 366 and 583 of the Crimes Act 1958; (c) section 68 of the Sentencing Act 1991; (d) section 50 of the Interpretation of Legislation Act 1984— and all other enabling powers. 3. Commencement These Rules come into operation on 30 March 1998. -- 7 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 2 4. New Chapter VI The following Rules constitute Chapter VI of the Rules of the Supreme Court— 'ORDER 1—PRELIMINARY 1.01 Title These Rules shall constitute Chapter VI of the Rules of the Supreme Court and shall be entitled the Criminal Appeals and Procedures Rules 1998. 1.02 Commencement These Rules come into operation on 30 March 1998. 1.03 Revocation Chapter VI of the Rules of the Supreme Court entitled the Criminal Appeals and Procedures Rules 1988 1 is revoked. 1.04 Application of Rules These Rules apply to all matters in the Court whenever commenced— (a) which are brought under the Crimes Act 1958 or under any other Act which confers jurisdiction on the Court in its criminal jurisdiction; and (b) which relate to the criminal jurisdiction of the Court; and (c) for which provision relating to the conduct of the matter is made by these Rules. 1.05 Subpoenas r. 4 -- 8 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 3 Order 42, apart from Rule 42.10, of Chapter I of the Rules of the Supreme Court applies with any necessary modification to any criminal proceeding in the Court. 1.06 Definition In these Rules— "solicitor" has the same meaning it has in Chapter I of the Rules of the Supreme Court. 1.07 Registrar of Criminal Appeals In these Rules a reference to the Registrar of Criminal Appeals shall be taken to be a reference to the Registrar of the Court of Appeal if those two offices are for the time being held by the same person. ORDER 2—CRIMINAL APPEALS PART 1—PRELIMINARY 2.01 Definitions In this Order, unless the context or subject matter otherwise requires— "appeal" means appeal under the Act and includes an application for leave to appeal and "appellant" includes applicant; "conviction" means conviction for an indictable offence or a relevant summary offence before the Supreme Court or County Court; "Crown appeal" means an appeal brought by the Director of Public Prosecutions under section 567A of the Act; r. 4 -- 9 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 4 "examiner" means a person appointed by the Court of Appeal under section 574(b) of the Act; "exhibit" includes— (a) all books, papers and documents and all other property connected with the proceedings against any person entitled or authorised to appeal, which were sent to the court of trial upon committal or produced and read in evidence during trial or other proceedings; and (b) any written statement delivered to a trial judge by the said person— but does not include— (c) the original depositions of witnesses examined at a preliminary examination, committal or before a coroner; and (d) any indictment, presentment or written process against an accused person; and (e) any plea filed in the court of trial; "indictment" includes presentment; "notice" means notice required or authorised by the Act or these Rules; "recording officer of the court of trial" means the officer who has custody of the records of the court of trial; "Registrar" means the Registrar of Criminal Appeals; r. 4 -- 10 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 5 "respondent" means the person who defends an appeal, other than a Crown appeal, or who under section 577 of the Act appears for the Crown in an appeal which is not a Crown appeal; "the Act" means the Crimes Act 1958. 2.02 Effect of non-compliance A failure to comply with this Order or with any rule of practice in force under the Act shall not prevent the prosecution of an appeal or application for leave to appeal if the Court considers that in the interest of justice the failure should be waived or remedied and the matter proceed. 2.03 Dispensing with compliance The Court may dispense with compliance with any of the requirements of this Order, either before or after the occasion for compliance arises. PART 2—COMMENCEMENT OF APPEALS 2.04 Institution of appeal An appeal to the Court of Appeal against a conviction or sentence shall be commenced by filing with the Registrar— (a) a notice of appeal; or (b) a notice of application for leave to appeal. 2.05 Form of notice A notice shall— r. 4 -- 11 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 6 (a) be in Form 6-2A, 6-2B, 6-2C or 6-2D (whichever is appropriate); and (b) state specifically and concisely and not merely in general terms the grounds of the appeal or on which it is sought to appeal; and (c) be signed by the appellant or the appellant's solicitor. 2.06 Application for extension of time If the time for giving notice of appeal or notice of application for leave to appeal has expired, then a notice of application for extension of time in Form 6-2E shall be filed as well as the notice of appeal or notice of application for leave to appeal. 2.07 No notice of appeal when leave to appeal granted If the Court of Appeal gives leave to appeal, the notice of application for leave to appeal shall be a sufficient notice of appeal. 2.07.1 Application may be treated as appeal If an application for leave to appeal is made to the Court of Appeal, the Court of Appeal may treat the hearing of the application as the hearing of the appeal. 2.08 Application made to Registrar 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. 2.09 If application refused by Registrar r. 4 -- 12 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 7 (1) If an application under Rule 2.08 is refused, the Registrar shall notify the appellant of his decision in Form 6-2F and the appellant may elect to have the application determined by the Court of Appeal. (2) An election under paragraph (1) shall be in writing in Form 6-2G which the Registrar shall forward to the appellant who must return the election to the Registrar within 5 days after receiving it. 2.10 Abandonment (1) An appeal or an application for extension of time may be abandoned at any time before the hearing of an appeal is commenced by filing with the Registrar a notice of abandonment in Form 6-2H. (2) An appeal or application shall be taken to be dismissed on the date the notice of abandonment is filed. 2.11 Amendment of notice of appeal (1) A notice of appeal or a notice of application for leave to appeal may be amended at any time before the commencement of the hearing of the appeal with the leave of the Registrar. (2) A notice of appeal or a notice of application for leave to appeal may be amended at any time with the leave of the Court of Appeal. (3) When giving leave to amend a notice, the Court of Appeal or the Registrar may impose any conditions or directions as the Court or the Registrar thinks fit. 2.12 Reference on petition of mercy r. 4 -- 13 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 8 (1) If the Attorney-General refers a case to the Court of Appeal under section 584(a) of the Act, the petitioner whose case is referred shall for the purposes of the Act and this Order be taken to be a person who has obtained leave to appeal from the Court of Appeal. (2) If the Attorney-General refers a point under section 584(b), the point may be considered in private. 2.13 Certificate from trial judge (1) If the trial judge considers that a person has a case for an appeal to the Court of Appeal under section 567(b) of the Act, the trial judge may, on application by the person, give a certificate in accordance with Form 6- 2J. (2) The intending appellant shall attach the certificate to the notice of appeal and file it with the Registrar. 2.13.1 Crown appeals (1) The Director of Public Prosecutions shall file an affidavit of service as soon as practicable after giving notice of appeal. (2) Rules 2.10 and 2.11 apply to a Crown appeal. PART 3—APPEAL WHERE FINE AND IMPRISONMENT IN DEFAULT 2.14 Fine paid to be retained pending appeal (1) If a person has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment, the person r. 4 -- 14 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 9 authorised to receive the fine shall retain it until determination of any related appeal. (2) A person who has paid a fine in accordance with a sentence shall, if the appeal is successful be entitled, subject to any order of the Court of Appeal, to the return of the fine paid. (3) A person who remains in custody in default of payment of a fine shall be taken to be a person sentenced to imprisonment for the purposes of the Act and this Order. 2.15 Procedure (1) If a person who has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment intends to appeal to the Court of Appeal— (a) on grounds of law alone; or (b) pursuant to a certificate of the trial judge given under section 567(b) of the Act— paragraphs (2) and (3) of this Rule apply. (2) (a) The person convicted and sentenced shall inform the trial judge of the intention to appeal; and (b) the trial judge may, if of opinion that it is appropriate, order the intending appellant immediately to enter into a recognizance in Form 6-2K, with or without sureties, to prosecute the appeal; and (c) the person convicted and sentenced shall within fourteen days after the conviction and sentence file a notice of r. 4 -- 15 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 10 appeal in accordance with this Order; and (d) the person convicted and sentenced shall, if necessary, file an application for extension of time. (3) If the intending appellant fails to comply with paragraph (2)(c), the Registrar shall report the failure to the Court of Appeal which may, after notice has been given to the intending appellant and any sureties— (a) order forfeiture of the recognizances and payment of the amount of the recognizances to the Registrar immediately; and (b) issue a warrant for the arrest of the intending appellant; and (c) order the imprisonment of the intending appellant in default of payment of the fine; and (d) make any other order it thinks appropriate. PART 4—PROCEDURES 2.16 Pre-hearing conference (1) After a notice of appeal or application for leave to appeal has been filed the Registrar may, if of opinion that it is appropriate, conduct a pre-hearing conference. (2) Subject to paragraph (5), the appellant and the respondent shall attend the conference for the purposes of ascertaining the real issues in the appeal. (3) The grounds of appeal shall be settled at the pre-hearing conference. r. 4 -- 16 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 11 (4) The Registrar may give any directions with respect to the preparation for hearing of the appeal as the Registrar thinks appropriate for the effective, complete and prompt disposal of the appeal. (5) If the appellant is not represented and is in custody, the Registrar may conduct any pre- hearing conference with the parties separately. (6) In relation to a Crown appeal, paragraph (5) shall be read and construed as if the word "appellant" were "respondent". 2.17 Transcript of trial (1) After settling the grounds of appeal, the Registrar may direct the shorthand writers who made notes of the trial from which the appeal or application is brought or the persons who recorded the trial by mechanical means under the Evidence Act 1958 to provide a transcript of the whole or any part of the notes or recording of the trial. (2) The Registrar may direct for the purposes of paragraph (1) that the transcript be made by a competent person or persons other than the person or persons who took the notes or recorded the trial. (3) Any transcript required by this Rule shall be typewritten and certified in accordance with the Evidence Act 1958. 2.18 Preservation of exhibits (1) The trial judge may make any order or give any direction considered appropriate for the production, custody or disposal of exhibits tendered at the trial and the recording officer of the court of trial shall keep a record of any r. 4 -- 17 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 12 such order or direction, but if no order is made or direction given— (a) all exhibits tendered on behalf of the prosecution shall be returned to the custody of the prosecution and shall be retained pending any appeal; and (b) any exhibit tendered at a trial otherwise than by the prosecution shall be retained by the Associate to the trial judge for 21 days after which the Associate shall return that exhibit to the person who produced it. (2) If the Registrar gives the prosecution a direction to produce an exhibit, the prosecutor shall produce the exhibit as directed. (3) If within 21 days the Registrar gives an Associate a direction to produce an exhibit, the Associate shall produce the exhibit as directed. 2.19 Copies of transcript, exhibits etc. The appellant or the respondent or his or her solicitor or representative may obtain from the Registrar— (a) a copy of the transcript or such extract or extracts from the transcripts of the trial as the Registrar has directed to be printed; and (b) a copy of any document which was an exhibit at the trial; and (c) may inspect by arrangement with the Registrar any exhibit which cannot be copied— at any time after the pre-hearing conference. r. 4 -- 18 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 13 2.20 Return of exhibits after hearing (1) When an appeal is finally determined, the Court of Appeal may make orders as to the return of exhibits as it thinks appropriate. (2) If no order is made, each exhibit shall be returned to the person who tendered it unless it is a document of a kind kept by the recording officer of the court of trial or it is an exhibit to which section 570 of the Act applies. (3) The Registrar shall return to the recording officer of the court of trial when an appeal is finally determined any original depositions, exhibits, presentment, indictment, inquisition, plea or other document forming part of the record of the court of trial which was given to the Registrar for the purposes of the appeal. 2.21 Entitlement to hearing when restitution order made If an order for restitution of property was made at a trial— (a) a person against whom the order was made; and (b) a person in whose favour the order was made; and (c) with the leave of the Court of Appeal, any other person— may be heard by the Court of Appeal at the hearing of an appeal before any order under section 570(2) of the Act is made. r. 4 -- 19 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 14 2.22 Property subject to restitution order In directing the suspension or non- suspension of the operation of an order for the restitution of property, the trial judge may, if of opinion that the special circumstances of the case warrant it, give any direction considered proper to secure the production of property at an appeal or to ensure its proper custody until the determination of an appeal. 2.23 Custody of property of convicted person If the trial judge makes an order referred to in section 570 of the Act in respect of a convicted person, the judge shall give directions as to the custody, for the appeal period, of any money or other valuable property belonging to the convicted person which— (a) was taken from the convicted person when arrested; or (b) is in the possession of the prosecution at the date of conviction or the date of application for leave to appeal. 2.24 Security may be ordered (1) If the trial judge makes an order for the payment of money, the trial judge may direct that the order take effect immediately unless security is given to the satisfaction of the person in whose favour the order is made. (2) A direction under paragraph (1) may be given notwithstanding that the order would otherwise be suspended under section 570 of the Act or Rule 2.22. r. 4 -- 20 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 15 2.25 Stay of destruction, forfeiture order The destruction or forfeiture, or any order for the destruction or forfeiture, of any property connected with a prosecution shall be suspended until the expiration of the appeal period. 2.26 Certificate of conviction (1) The recording officer of a court of trial may not issue a certificate of conviction until— (a) 21 days after the date of conviction; or (b) if the recording officer receives notice from the Registrar that a notice of appeal or of application for leave to appeal has been filed, the determination of the appeal or dismissal of the application. (2) A person who seeks a certificate of conviction may obtain a certificate from the Registrar stating that no appeal or application for leave to appeal is pending. (3) A certificate under paragraph (2) may not be given until 21 days after the date of conviction. 2.27 Report from trial judge (1) The Registrar may, and if directed by the Court to do so, shall request a trial judge to provide a written report giving the trial judge's opinion generally or on a particular point arising in the appellant's case. (2) The trial judge shall comply with the request under paragraph (1) promptly. r. 4 -- 21 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 16 (3) The Court of Appeal may determine an appeal without a report from the trial judge if it thinks it is appropriate to do so. (4) When requesting a trial judge to provide a report, the Registrar shall send the trial judge— (a) a copy of the notice of appeal or of application for leave to appeal; and (b) any other document the Registrar thinks material; and (c) any other document the Court of Appeal decides be sent to the trial judge or that the trial judge requests. 2.28 Original depositions, exhibits etc. The Registrar may require the recording officer of the court of trial to provide to the Registrar the original depositions of witnesses examined before the committing magistrate or coroner, or any exhibit retained by a court, or the presentment or other written process against the appellant or an abstract or copy of the whole or part of the presentment or inquisition or any plea filed in the court of trial. 2.28.1 Attendance of appellant (1) The appellant is entitled to be present on the hearing of an appeal or an application to the Court of Appeal unless the Court of Appeal or a Judge of Appeal directs otherwise. (2) If the appellant does not attend court on the hearing, the appeal or the application may be heard and determined in the appellant's absence. r. 4 -- 22 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 17 2.28.2 Written case and argument (1) The appellant may, if desired, present the case and argument in writing instead of by oral argument. (2) Any case or argument in writing shall be delivered by the appellant to the Registrar as soon as practicable but not less than 7 days before the hearing of the appeal. PART 5—MISCELLANEOUS 2.29 Bail (1) If the Court of Appeal grants an appellant bail pending the determination of an appeal, the Court may make such orders in relation to bail as it sees fit. (2) An appellant who is on bail shall, when the appeal is called on before the Court of Appeal, place himself or herself in the custody of such persons as the Court directs. (3) Two Judges of Appeal may exercise the jurisdiction of the Court of Appeal to grant bail. 2.30 Registrar to notify determination (1) When an appeal or any matter under section 582 of the Act is determined, the Registrar shall give notice in Form 6-2L to— (a) the appellant; and (b) the Director of Public Prosecutions for Victoria or the Director of Public Prosecutions of the Commonwealth (as the case may be); and (c) the governor of the prison in which the appellant is imprisoned; and r. 4 -- 23 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 18 (d) the Secretary to the Department of Justice. (2) The Registrar shall also notify the officer of the court of trial of the decision of the Court of Appeal and any additional orders or directions made or given by the Court of Appeal in relation to the appeal. 2.31 Witnesses before Court of Appeal (1) If the Court of Appeal orders any witness to attend and be examined before the Court under section 574(b) of the Act, the order— (a) shall specify the time and place when the witness is to attend; and (b) shall be served on the witness. (2) If an appellant is not legally represented and seeks an order under section 574(b) the appellant shall file an application in Form 6-2M with the Registrar. (3) The Registrar shall send a copy of an application under paragraph (2) to the solicitor for the respondent. (4) The oath to be administered to any witness whose evidence is to be tendered under section 574(b) of the Act shall, unless the Court otherwise permits or directs, be the voir dire oath. 2.32 Examination other than by court (1) If the Court of Appeal orders the examination of a witness to be conducted otherwise than by the Court, the order shall specify the person appointed as examiner and the witnesses to be examined. (2) The Registrar shall give the examiner any documents, exhibits and other material r. 4 -- 24 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 19 relating to the appeal which the examiner requests. (3) The examiner shall appoint the day, time and place for the examination and shall request the Registrar to give notice in Form 6-2N to— (a) the appellant; and (b) the respondent; and (c) their solicitors; and (d) if the appellant is in custody, the governor of the prison. (4) Every notice sent by the Registrar under paragraph (3) shall be taken to be an order of the Court. (5) The examiner shall administer the oath before taking evidence from any witness except where the witness would not need to be sworn if giving evidence on a trial on indictment. (6) Unless the Court otherwise orders, any examination under this Rule shall be in private and depositions shall be taken. (7) After an examination is completed the examiner shall send or cause to be sent to the Registrar the depositions and all documents, exhibits and other material provided by the Registrar. (8) The appellant and respondent and their legal representatives shall be entitled to be present and to take part in the examination. (9) A police officer, if of opinion that it is necessary, may pay travelling expenses to a witness upon whom the police officer serves an order to appear before the Court of r. 4 -- 25 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 20 Appeal or a notice to attend before an examiner. (10) Travelling expenses paid by a police officer shall be certified by the officer to the Registrar who shall certify the sum paid as part of the expenses of the prosecution. (11) Any order or notice required by this Rule to be served shall be served personally unless the Court otherwise orders. 2.33 Special commissioners (1) An order under section 574(d) of the Act shall specify the person who is to be the special commissioner and the question referred to the special commissioner and may— (a) specify whether the appellant or the respondent or their legal representatives is or are to be entitled to be present during all or part of the examination or investigation; (b) specify which powers (if any) of the Court of Appeal may be exercised by the special commissioner; (c) require the special commissioner to make interim reports upon the matter referred by the Court of Appeal; (d) give the appellant, if imprisoned, leave to be present during the whole or any part of the examination or investigation and give the necessary directions to the governor of the prison; and (e) direct the Registrar to give copies of the special commissioner's report to the appellant and the respondent or to their legal representatives. r. 4 -- 26 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 21 (2) Where an order under section 574 does not give directions as to any of the matters referred to in paragraph (1), the Court of Appeal may from time to time give directions in relation to any such matters as it thinks fit. 2.34 Transfer of prisoners The Secretary to the Department of Justice shall arrange to transfer the appellant to a prison near the Court of Appeal in sufficient time before the hearing commences to enable the appellant to consult legal advisers. 2.35 Duties of prison officers (1) A prison officer who has custody of a person at the time the person is convicted on indictment shall immediately inform the person convicted that— (a) the person has the right to appeal against conviction to the Court of Appeal on any ground of appeal which involves a question of law alone; and (b) if the person wishes to appeal against conviction on any other ground, the person may do so with the leave of the Court of Appeal or with the certificate of the trial judge; and (c) if the person wishes to appeal or to obtain leave of the Court of Appeal, the person must give notice of appeal or notice of application for leave not later than 14 days after conviction and sentence; and (d) if the person wishes to obtain the certificate of the trial judge, it must be obtained and notice of the application r. 4 -- 27 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 22 given not later than 14 days after conviction and sentence; and (e) if the person wishes to appeal against the sentence, the person may do so with the leave of the Court of Appeal and must give notice of the application not later than 14 days after conviction and sentence. (2) A prison officer shall— (a) inform the convicted person that, unless it is otherwise ordered, the person is entitled to be present at the hearing of the appeal or application for leave to appeal; and (b) give the convicted person a copy of Form 6-2P; and (c) obtain from the convicted person a written acknowledgment that the person has received a copy of Form 6-2P and has read and understood it. (3) If a convicted person expresses a wish to be present at the hearing of an appeal or application, the prison officer who has custody of the person shall inform the Registrar who shall obtain the necessary order. (4) A prison officer who has custody of a convicted person shall give that person upon request the appropriate forms under these Rules and shall also inform the person that if desired he or she may present the case and argument in writing instead of orally. ORDER 3—PRISON SENTENCES (COUNTY COURT APPEALS) APPEAL RULES r. 4 -- 28 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 23 3.01 Definition In this Order— "the Act" means the Magistrates' Court Act 1989. 3.02 Notice of intention to apply for leave (1) A notice in writing of intention to make application for leave to appeal to the Court of Appeal under section 91(2) of the Act shall be in Form 6-3A. (2) The notice shall state specifically and concisely the grounds on which it is sought to appeal and shall be signed by the applicant. 3.03 No notice of appeal when leave is granted If the Court of Appeal gives leave to appeal, the notice of intention to make application for leave to appeal shall be a sufficient notice of appeal. 3.04 Service of notice Service of a notice of intention to make application for leave to appeal may be effected by sending the notice by registered post to any person intended to be served at the last known address of that person. 3.05 Procedure on hearing (1) Upon the hearing of an application for leave to appeal under section 91(2) of the Act— (a) the applicant shall be entitled to be present and to be represented by counsel; and (b) the informant shall be entitled to be present and to be represented by counsel; and r. 4 -- 29 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 24 (c) with the leave of the Court the applicant or the informant may adduce evidence; and (d) the Court may order the production of any document, exhibit or other thing which appears necessary for the determination of the application. (2) Paragraph (1) of this Rule applies with any necessary modification to the hearing of an appeal. 3.06 Application may be treated as appeal If an application for leave to appeal is made to the Court of Appeal, the Court of Appeal may treat the hearing of the application as the hearing of the appeal. 3.07 Obligation of prison officers If the County Court under section 86 of the Act substitutes a sentence of imprisonment for any other sentence imposed by the Magistrates' Court, the prison officer who first has custody of the person sentenced shall— (a) immediately inform that person of the right to apply for leave to appeal under section 91(2) of the Act; and (b) give to that person a copy of Forms 6-3A and 6-3B; and (c) obtain from that person a written acknowledgment that the person has received the forms and has read and understood them. ORDER 4—PRE-TRIAL CRIMINAL PROCEDURE RULES r. 4 -- 30 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 25 4.01 Definitions (1) In this Order, unless the context or subject matter otherwise requires— "accused person" means a person— (a) who has been committed or remanded to the Supreme Court for trial or directed to be tried at the Supreme Court; or (b) in respect of whom— (i) a presentment has been made; or (ii) an indictment has been filed— at the Supreme Court; or (c) upon whom a Notice of Trial at the Supreme Court has been served; "accused's solicitor" or "solicitor" means the solicitor who acts for the accused person and where an officer of Victoria Legal Aid so acts, includes such officer; "CTLD" means the Criminal Trial Listing Directorate; "DPP" means the Director of Public Prosecutions for Victoria or the Director of Public Prosecutions for the Commonwealth; "person" includes the CTLD, the DPP and an officer of Victoria Legal Aid; "presentment" includes indictment. r. 4 -- 31 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 26 (2) Except where otherwise provided in this Order, a document required or authorised to be served may be served by post. (3) Where this Order requires or authorises service by post, the envelope containing the document must be addressed to the person to be served at the last known address of that person. 4.02 Notice by solicitor to DPP and CTLD (1) A solicitor who commences to act for an accused person must as soon as possible after commencing so to act serve upon— (a) the DPP; and (b) the CTLD— a notice in Form 6-4A that the solicitor acts for the accused person. (2) Subject to paragraph (3), a solicitor who ceases to act for an accused person must, as soon as possible after so ceasing to act— (a) serve upon— (i) the DPP; and (ii) the CTLD; and (iii) the accused person— a notice in writing in Form 6-4B that the solicitor has ceased so to act; and (b) return to the CTLD the copy of the depositions and all other material provided by the CTLD in relation to the matter; and (c) return to the DPP all materials provided by the DPP in relation to the matter. r. 4 -- 32 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 27 (3) Where paragraph (2) applies to an officer of Victoria Legal Aid, the notice shall not be served and the materials shall not be returned until the expiration of the time for appeal against the decision to terminate legal assistance or the resolution of any such appeal (whichever last occurs) but must be respectively served and returned as soon as possible thereafter unless the decision to terminate legal assistance has been reversed. 4.03 Copy presentment to be served (1) Before presentment is made at the Supreme Court, the DPP shall lodge the presentment with the Prothonotary who shall immediately deliver it to the Associate to the Judge before whom presentment is to be made. (1A) The Associate to the Judge before whom presentment has been made shall return the presentment to the Prothonotary. (1B) For the purposes of these Rules a presentment is taken to be filed upon presentment being made. (2) The DPP must, as soon as practicable after a presentment is filed— (a) serve or cause to be served a copy of the presentment on the accused person; and (b) forward a copy of the presentment to the CTLD. (3) Service under paragraph (2)(a) must be by registered post or by personal service unless the accused person is represented by a solicitor. (4) When serving an accused person the DPP must also serve or cause to be served on the r. 4 -- 33 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 28 accused person a notice in writing in Form 6-4D unless the DPP has notice that a legal practitioner is acting on behalf of the accused person. 4.04 Notification of readiness for trial The DPP must, as soon as a case is ready for trial, make presentment (if a presentment has not already been filed) and forward to the CTLD a notice of readiness for trial in Form 6-4C. 4.05 Notice by solicitor to Prothonotary (1) A solicitor who acts for an accused person must file with the Prothonotary a notice in writing in Form 6-4A that the solicitor so acts— (a) if the solicitor has commenced so to act before service of a copy of the presentment, within 14 days after service of the copy presentment; or (b) if the solicitor commences so to act after service of a copy of the presentment, as soon as possible after commencing so to act. (2) A solicitor who having filed a notice under paragraph (1) ceases to act for an accused person, must as soon as possible after so ceasing to act file with the Prothonotary a notice in writing in Form 6-4B. 4.06 Unrepresented accused person (1) Within 28 days of the receipt of a copy of a presentment the CTLD must, unless notified that a legal practitioner is acting for an accused person— r. 4 -- 34 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 29 (a) if the accused person is on bail, contact the accused person requesting attendance at the office of the CTLD at a time fixed by the CTLD to determine what steps the accused person has taken to obtain legal representation for the trial and at the time of making such request the CTLD must inform the accused person that, if there is no attendance as requested, the Court will require the accused person to attend the Court for the same purpose; and (b) if the accused person is in custody, attend personally or by a representative on the accused person at the place where the accused person is held to determine what steps the accused person has taken to obtain legal representation for the trial. (2) The CTLD must report to the Chief Justice any uncertainty as to the legal representation of an accused person in order to enable the Chief Justice to give directions to the CTLD as to what steps are to be taken to resolve any such uncertainty. 4.07 Questionnaire (1) The CTLD must serve on an accused's solicitor a questionnaire in Form 6-4E at such time as the CTLD may consider appropriate. (2) The accused's solicitor must, within 14 days of receiving the questionnaire, serve on the CTLD adequate answers in writing to the questions in the questionnaire. 4.08 Costs liability r. 4 -- 35 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 30 (1) In this Rule "costs thrown away" means such amount as the Judge who hears any application or before whom a case is listed for trial determines (upon such information, evidence or material as that Judge may consider appropriate) to be in all the circumstances a reasonable quantification of the costs and expenses (including witness expenses and counsel's fees) incurred by the person in whose favour an order may be made under this Rule and thrown away as a result of the relevant failure. (2) If a solicitor fails to comply with Rule 4.02, 4.05 or 4.07(2) and if the Court is satisfied that such a failure is not excusable, the Court may order that the solicitor pay to the DPP or to any co-accused person any costs thrown away as a result of the failure. (3) A solicitor who has informed the CTLD that the solicitor will act for an accused person at the accused person's trial and at the trial fails to do so, if the Court is satisfied that such failure was not excusable, may be ordered to pay to the DPP or any co-accused person any costs thrown away as a result of the failure. 4.09 Pre-trial conference (1) In this Rule "Listed Date" means the date which has been fixed by the CTLD as the date on which the trial is to be listed for hearing or, where the CTLD has fixed a period of time for that purpose, the first day of that period. (2) The CTLD may, before giving notice of the Listed Date or not less than 21 days before the Listed Date, conduct a pre-trial conference. r. 4 -- 36 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 31 (3) Written notice of a pre-trial conference must be given to— (a) the DPP; and (b) the accused person (if unrepresented); and (c) the accused's solicitor (if any)— not less than 7 days before the date proposed for the pre-trial conference. (4) At a pre-trial conference— (a) in order to facilitate an efficient trial, the CTLD may inquire into any of the matters listed in the Schedule to this Order; and (b) the DPP and the accused person or the accused's solicitor must be prepared to answer questions or provide information to the CTLD on the matters listed in the Schedule; and (c) the DPP must, subject only to any substantial consideration of the personal safety of witnesses— (i) give notice of the name of any witness who may be called as a Crown witness upon the trial and whose name does not appear upon the presentment as a witness or as an additional witness; and (ii) give notice of the substance of the evidence proposed to be adduced from each such witness (whether by way of provision of a copy of a statement made by the witness or otherwise); and r. 4 -- 37 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 32 (iii) provide to the CTLD such information as the CTLD may reasonably require as to the availability of each Crown witness; and (iv) notify the CTLD and the accused person of the name of any potential Crown witness whose deposition the Crown proposes to apply to tender in evidence and the grounds of any such proposed application; and (d) the accused person or the accused's solicitor must be prepared to certify that the accused person is ready to proceed on the Listed Date (if any). (5) Nothing said by or on behalf of an accused person at a pre-trial conference, and no failure by an accused person to answer a question at a pre-trial conference, shall be used in any subsequent trial or made the subject of any comment at that trial. (6) Nothing in paragraph (5) of this Rule shall preclude an accused person from relying on an indication of an intention to plead guilty given at a pre-trial conference. 4.10 Pre-trial hearing (1) At any time after a pre-trial conference— (a) the DPP; or (b) an accused person; or (c) the CTLD— may apply to the Chief Justice for a pre-trial hearing to be conducted by the Court. r. 4 -- 38 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 33 (2) An application under paragraph (1) must— (a) be in Form 6-4F; and (b) be filed with the Prothonotary. (3) If upon consideration of any such application the Chief Justice considers that a pre-trial hearing should be conducted, the Chief Justice shall cause the Prothonotary to give notice of such hearing to such persons as the Chief Justice may direct. (4) The Prothonotary shall serve notice of the pre-trial hearing upon each party specified by the Chief Justice in such manner as the Chief Justice may direct. (5) A pre-trial hearing shall be conducted by the Chief Justice or such Judge as the Chief Justice shall nominate, whether or not the proposed trial judge. (6) At a pre-trial hearing the Judge may— (a) ask such questions of the parties; and (b) give such directions with respect to the preparation for trial, readiness for trial or conduct of the trial— as the Judge thinks proper having regard to all the circumstances. (7) A pre-trial hearing must be heard in court. (8) The accused person must be present at a pre- trial hearing unless the Judge otherwise determines. (9) Nothing said by or on behalf of an accused person at a pre-trial hearing, and no failure by an accused person to answer a question at a pre-trial hearing, shall be used in any r. 4 -- 39 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 34 subsequent trial or made the subject of any comment at that trial. (10) The powers conferred by this Rule upon the Chief Justice may be exercised by any Judge authorised so to do by the Chief Justice. —— Rule 4.09 SCHEDULE 1. Are further particulars of the presentment likely to be sought by the accused? 2. Is there to be any application to sever the presentment and if so, what is the application likely to be? 3. Is there to be an application for a separate trial by any and which accused? 4. Does the accused presently intend to plead Guilty or Not Guilty to any and which count(s) in the presentment? 5. Is there any possibility of a change of plea? 6. (a) Has there been a conference between counsel for the Director of Public Prosecutions and counsel for the accused? (b) If not, is such a conference proposed? 7. Does the prosecution propose to call any additional evidence? 8. Has the prosecution notified the accused and/or his or her representatives of any additional evidence and if it intends to do so when is it proposed to furnish a proof of evidence? 9. What is the probable length of trial? (a) prosecution estimate; (b) accused estimate. 10. Is any point of law or of admissibility of evidence likely to be raised before a jury is empanelled? If yes, what are those matters and of what duration are the matters to be raised likely to take? r. 4 -- 40 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 35 11. Does the accused or the prosecution intend to raise a special issue? e.g. unfitness to plead; change of venue; insanity. 12. Does the accused or the prosecution intend to raise a special plea? e.g. lack of jurisdiction; autrefois convict; autrefois acquit etc. 13. Does the accused intend to rely upon an alibi not yet disclosed in conformity with the Crimes Act? 14. Do the parties anticipate any problems as to the availability of witnesses? If yes, give details. 15. (a) What admissions of fact are sought by the prosecution? (b) Is the accused prepared to make the admissions sought or any of them? (c) What admissions of fact are sought by the accused? (d) Is the prosecution prepared to make the admissions sought or any of them? 16. Does any difficulty arise about photographs or plans and formal proof of them? 17. Is any order sought for the inspection of prosecution exhibits or other evidentiary material in the possession of the prosecution as to which a question may arise in the course of the trial? 18. Is any order sought for the preservation or detention of any document or thing relating to the trial? 19. Is any order sought for the production before the Court of any document, tape recording or thing relating to the trial? 20. Does any party propose to deliver to the other party a notice to admit in respect of anything not covered by question No. 15? 21. What arrangements have been made for counsel to hear any tape recordings in the custody of the prosecution and to be provided with any transcript thereof? 22. Does any party intend to apply for a view, and if so where and at what stage of the trial? 23. Is there agreement as to copy exhibits to be supplied to the jury? r. 4 -- 41 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 36 24. Will an interpreter be required during the trial? 25. Are there any other significant matters which might affect the proper and convenient trial of the issues? ORDER 5—PAYMENT OF FINES RULES 5.01 Definitions In this Order— "offender" means a person on whom the Court has imposed a fine; "person in default" means a person who has failed to pay a fine or an instalment under an instalment order and includes a director of a body corporate who is the subject of a declaration under section 50(6); "section" means section of the Act; "the Act" means the Sentencing Act 1991. 5.02 Proper officer For the purposes of Division 4 of Part 3 of the Act the proper officer of the Court is the Registrar of Criminal Appeals or another Master. 5.03 Application (1) An application under section 55 by an offender shall be in Form 6-5A. (2) The applicant shall give reasonable notice of the application to the Director of Public Prosecutions. 5.04 Application operates as stay Unless otherwise ordered by a Judge, an application under section 55 operates as a stay of enforcement or execution of the order r. 4 -- 42 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 37 requiring the fine to be paid from the time it is filed until it is determined. 5.05 Consideration of application In considering an application the proper officer may— (a) question the offender about his or her financial circumstances; and (b) require the offender to make an affidavit or produce any document concerning his or her financial circumstances that is reasonably accessible to the offender. 5.06 Service of copy order The proper officer shall cause a copy of the order to be delivered to the applicant personally or sent by post. 5.07 Enforcement of fines against a natural person (1) A statement in writing under section 62(8) shall be in Form 6-5B. (2) A consent under section 62(7)(b) shall be in Form 6-5C. (3) An order under section 62(9) shall be in Form 6-5D. (4) A summons under section 64(1) shall be in Form 6-5E. (5) If a person in default— r. 4 -- 43 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 38 (a) has been taken into custody in accordance with a warrant to arrest issued under section 64; and (b) the outstanding amount of the fine specified in the warrant is paid— the person in default may be released from custody without being taken before the Court. 5.08 Enforcement of fine against body corporate A statement in writing under section 66(3) shall be in Form 6-5F. ORDER 6—CONFISCATION OF PROFITS RULES 6.01 Definition In this Order— "the Act" means the Crimes (Confiscation of Profits) Act 1986. 6.02 Application (1) An application for the following shall be in writing in Form 6-6A adapted as the circumstances of the case require— (a) a forfeiture order; (b) a claim to an interest in property in respect of which a forfeiture order has been made; (c) a pecuniary penalty order; (d) an order that property is available to satisfy a pecuniary penalty order. (2) An application for a restraining order shall be in writing in Form 6-6B adapted as the circumstances of the case require. r. 4 -- 44 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 39 6.03 Notice Where notice is required by the Act to be given it shall be in writing. 6.04 Filing, service, directions (1) An application, an affidavit and a copy of a notice given in a proceeding under the Act shall be filed in the Court unless the Court otherwise orders. (2) A copy of an application, a copy of an affidavit and a notice given in a proceeding under the Act shall be served personally or in such other manner as the Court directs. (3) An application is taken to have been made when it is filed. (4) After an application is filed a Judge may give direction as to its hearing, which may include directions as to production of transcript in any proceeding relating to the offence in reliance on the conviction in respect of which the application is made. 6.05 Notice of discharge of order For the purposes of section 14(2) of the Act, when a pecuniary penalty order registered under the Service and Execution of Process Act 1992 of the Commonwealth is discharged, the person who procured the registration of that order shall forthwith give to the Prothonotary, Registrar or other proper officer of the court in which the order was registered— (a) notice of the discharge of the pecuniary penalty order; and (b) a sealed copy of the order discharging the pecuniary penalty order. r. 4 -- 45 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 40 6.06 Prescribed officer for examination The officer prescribed for the purposes of section 18(4)(c) of the Act is a Master. 6.07 Registration of interstate order For the purposes of section 42(4) of the Act, registration of an interstate order shall be effected by filing a sealed copy of the order in the Court. 6.08 Facsimile copy of interstate order For the purposes of section 42(5) of the Act, a facsimile copy of an interstate order or of any amendments to an interstate order shall be taken to be certified if it contains— (a) a facsimile copy of the seal of the Court which made the order; or (b) a facsimile copy of a statement signed by an appropriate person to the effect that the copy is a true copy of the order of the Court. 6.09 Notice of the discharge of a forfeiture order Notice of the discharge of a forfeiture order under section 10(1A) of the Act shall be in Form 6-6C. ORDER 7—LISTENING DEVICES RULES 7.01 Definition In this Order— r. 4 -- 46 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 41 "the Act" means the Listening Devices Act 1969. 7.02 Application This Order applies to all proceedings in the Court under the Act. 7.03 Complaint to be in prescribed form A complaint by a member of the police force seeking authorisation, by warrant, for the use of a listening device shall— (a) be in Form 6-7A; and (b) be accompanied by an affidavit or affidavits in support of the complaint. 7.04 Filing and service of documents A complaint and any affidavits in support shall, unless the Court otherwise orders— (a) be filed before the application is made with the Associate to the Judge from whom authorisation is sought; and (b) not be available for inspection by any person. 7.05 Form A warrant authorising the use and retrieval of a listening device shall be in Form 6-7B. ORDER 8—PROCEEDS OF CRIME RULES 8.01 Provisions of Order 6 to apply Rules 6.02, 6.03 and 6.04 apply, with any necessary modification, to an application r. 4 -- 47 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 42 under the Proceeds of Crime Act 1987 of the Commonwealth. 8.02 Examination on oath An examination the subject of an order made under section 48(1)(c) of the Proceeds of Crime Act 1987 of the Commonwealth shall be conducted before a Master. ORDER 9—WITNESS PROTECTION RULES 9.01 Definition In this Order— "the Act" means the Witness Protection Act 1991. 9.02 Application This Order applies to all proceedings in the Court under the Act. 9.03 Application to be in prescribed form An application under section 6 of the Act shall— (a) be in Form 6-9A; and (b) be accompanied by an affidavit or affidavits in support of the application. 9.04 Filing and service of documents An application and any affidavits in support shall, unless the Court otherwise orders— (a) be filed before the application is made with the Associate to the Judge to whom the application is to be made; and (b) not be available for inspection by any person. r. 4 -- 48 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 43 ORDER 10—APPLICATIONS UNDER PART IIA OF THE EVIDENCE ACT 1958 10.01 Definition In this Order— "the Act" means the Evidence Act 1958. 10.02 Application under section 42E An application under section 42E(1) of the Act shall be made in accordance with Order 41A of Chapter I. 10.03 Application under section 42L Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42L of the Act shall be in Form 6-10A; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by post. 10.04 Application under section 42M Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42M of the Act shall be in Form 6-10B; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by post. 10.05 Application under section 42N Unless the application is made in accordance with sub-section (3)— r. 4 -- 49 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 44 (a) notice of an application under section 42N of the Act shall be in Form 6-10B; and (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by post. 10.06 Application under section 42P Unless the application is made in accordance with sub-section (5)— (a) notice of an application under section 42P of the Act shall be in Form 6-10B; (b) a copy of the notice shall be served as soon as practicable after the notice has been filed; and (c) service may be by post. __________________ r. 4 -- 50 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 45 FORMS Rule 2.05 FORM 6-2A In the Supreme Court of Victoria 19 No. at Melbourne A.B. Appellant and The Queen Respondent NOTICE OF APPEAL (Question of Law Only) To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence] and I give you Notice of Appeal against my conviction (particulars of which are set out below) to the Court of Appeal on a ground of appeal which involves a question of law. The ground(s) of my appeal are: [state specifically and concisely and not merely in general terms the grounds of the appeal.] Date: [e.g. 15 June, 19 ] [Signed by Appellant] [Signed by Witness] [Address of Witness] PARTICULARS 1. Appellant's name: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Convicted at: [place and court] 4. Trial Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of solicitor who represented appellant at trial: Form 6-2A -- 51 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 46 9. Name of counsel (if any) who represented appellant at trial: 10. Were the questions of law set out above raised at the trial? IMPORTANT NOTES: 1. You may attend Court on the hearing of your appeal if you wish. If you wish to do so, you should notify the Registrar in writing. 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. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2A -- 52 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 47 Rule 2.05 FORM 6-2B [heading as in Form 6-2A] NOTICE OF APPEAL UPON THE CERTIFICATE OF THE TRIAL JUDGE To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/* living at [place of residence] and I give you Notice of Appeal against my conviction (particulars of which are set out below) to the Court of Appeal. The appeal is brought upon the Certificate of the Judge before whom I was tried that the case is a fit case for appeal against my conviction on the ground(s) set out in the certificate. Date: [e.g. 15 June, 19 ] [Signed by Appellant] [Signed by Witness] [Address of Witness] PARTICULARS 1. Appellant's name: 2. Offence for which convicted: 3. Convicted at: [place and court] 4. Trial Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of solicitor who represented appellant at trial: 9. Name of counsel (if any) who represented appellant at trial: IMPORTANT NOTES: 1. You may attend Court on the hearing of your appeal if you wish. If you wish to do so, you should notify the Registrar in writing. Form 6-2B -- 53 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 48 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. You must attach to this notice the certificate given by the Judge who tried you. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2B -- 54 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 49 Rule 2.05 FORM 6-2C [heading as in Form 6-2A] NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST A CONVICTION To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence] and I wish to appeal against my conviction (particulars of which are set out below) to the Court of Appeal. TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against my conviction on the ground(s): [State specifically and concisely and not merely in general terms the grounds upon which you wish to appeal against the conviction.] Date: [e.g. 15 June, 19 ] [Signed by Applicant] [Signed by Witness] [Address of Witness] PARTICULARS 1. Appellant's name: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Convicted at: [place and court] 4. Trial Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of solicitor who represented appellant at trial: 9. Name of counsel (if any) who represented appellant at trial: Form 6-2C -- 55 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 50 IMPORTANT NOTES: 1. You may attend on the hearing of your application if you wish. If you wish to do so, you should notify the Registrar in writing. 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 this application as the hearing of the appeal. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2C -- 56 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 51 Rule 2.05 FORM 6-2D [heading as in Form 6-2A] NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence] and I wish to apply to the Court of Appeal for leave to appeal to the Court against the sentence imposed upon me (particulars of which are set out below). TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against the sentence imposed on me on the ground(s): [State specifically and concisely and not merely in general terms the grounds upon which you wish to appeal against the sentence.] Date: [e.g. 15 June, 19 ] [Signed by Applicant] [Signed by Witness] [Address of Witness] PARTICULARS 1. Appellant's name: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Convicted at: [place and court] 4. Sentencing Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: 8. Name and address of solicitor who represented appellant at trial: 9. Name of counsel (if any) who represented appellant at trial: Form 6-2D -- 57 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 52 IMPORTANT NOTES: 1. You may attend on the hearing of your application if you wish. If you wish to do so, you should notify the Registrar in writing. 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 this application as the hearing of the appeal. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2D -- 58 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 53 Rule 2.06 FORM 6-2E [heading as in Form 6-2A] APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO LODGE NOTICE OF APPEAL To the Registrar of Criminal Appeals I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence] and I wish to apply to the Supreme Court for an extension of time within which to lodge notice of appeal or notice of application for leave to appeal to the Court of Appeal against *conviction/*and sentence (particulars of which are set out below). The reasons I failed to lodge a notice within the prescribed time and the ground(s) upon which I make this application are: [State specifically and concisely and not merely in general terms the grounds of the application.] Date: [e.g. 15 June, 19 ] [Signed by Applicant] PARTICULARS 1. Applicant's name: 2. Offence for which convicted: 3. Convicted at: [place and Court] 4. Trial or sentencing Judge: 5. Date of conviction: 6. Sentence: 7. Date of sentence: IMPORTANT NOTE: This notice must accompany notice of appeal or notice of application for leave to appeal. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2E -- 59 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 54 Rule 2.09 FORM 6-2F [heading as in Form 6-2A] NOTIFICATION TO APPELLANT OF REGISTRAR'S DECISION UNDER SECTION 582A To [name of appellant] 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 *granted/*refused. If you wish to have the refused application determined by the Court of Appeal, complete the enclosed form and return it to me within FIVE DAYS after you receive this notification. Date: [e.g. 15 June, 19 ] [Signed] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2F -- 60 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 55 Rule 2.09 FORM 6-2G [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 elect to have my application determined by the Court of Appeal *and that I wish to be present at the hearing of my application. 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 for extension of time which you wish to be considered by the Court of Appeal. Attach additional material if you wish. _______________ Form 6-2G -- 61 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 56 Rule 2.10 FORM 6-2H [heading as in Form 6-2A] NOTICE OF ABANDONMENT To the Registrar of Criminal Appeals: I, [full name] *a prisoner at [place]/*living at [place of residence] give notice that I wish to abandon my *appeal/*application for leave to appeal dated against *conviction/*and sentence/*and my application for an extension of time within which to lodge notice of appeal or to apply for leave to appeal dated . Date: [e.g. 15 June, 19 ] [Signed by Appellant/ Applicant] [Signed by Witness] [Address of Witness] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2H -- 62 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 57 Rule 2.13 FORM 6-2J TRIAL JUDGE'S CERTIFICATE [The appellant] was tried and convicted before me in the Court on [e.g. 15 June 19 ] on a *presentment/*indictment charging *him/*her with [offences] and was sentenced by me to [details of sentence imposed]. I hereby certify that this case is a fit case for an appeal by [appellant] to the Court of Appeal against conviction upon the following ground(s): [State specifically and concisely and not merely in general terms the ground(s) upon which the certificate is granted.] Date: [e.g. 15 June, 19 ] [Signed by Judge] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2J -- 63 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 58 Rule 2.15(2)(b) FORM 6-2K RECOGNIZANCE OF APPELLANT SENTENCED TO PAY A FINE (AND SURETY) WHEREAS 1. [full name] of [address] was on [date] convicted of [offences] and was sentenced to pay the sum of $ as a fine by the *Supreme/*County Court; and 2. *He/*She has indicated a wish to appeal against the conviction on *a question of law alone /*the certificate of the trial judge that the case is fit for appeal; and 3. The Court considers that the appellant may instead of payment of the fine be ordered to enter into a recognizance of bail for the sum of $ with [number] sureties each for the sum of $ to prosecute the appeal before the Court of Appeal. NOW [full name] of [address] acknowledges *himself/*herself to owe to Our Lady the Queen the sum of $ to be satisfied by or out of *his/*her goods, chattels, lands and tenements, if the said [full name] breaches the condition(s) set out below. Taken and acknowledged on [date] at the *Supreme/*County Court, before [name of Judge] [Signed] Associate to Judge. The condition(s) of the recognizance are that if [full name] of [address]— 1. shall personally appear before the Court of Appeal at every hearing of the appeal and at its final determination and prosecute the appeal and abide by the judgment of the Court and not be absent from any hearing without leave and pay to the Registrar of Criminal Appeals the sum of $ , or such sum as the Court may order; and 2. [Insert any other conditions.] then this recognizance shall be void; but otherwise it shall be of full force and effect. RECOGNIZANCE OF SURETY On [date] [insert name(s) and address(es) of surety(ies)] personally come before [name of Judge] and individually acknowledged themselves to owe Our Lady the Queen [insert sum in respect Form 6-2K -- 64 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 59 of which surety is bound] to be satisfied by or out of their respective goods, chattels, lands and tenements if [name of appellant] now before the Court breaches the condition(s) set out above. Taken and acknowledged on [date] at the *Supreme/*County Court, before [name of Judge] [Signed] Associate to Judge ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2K -- 65 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 60 Rule 2.30 FORM 6-2L [heading as in Form 6-2A] NOTIFICATION OF RESULT OF APPEAL OR APPLICATION In the case of R v. [name of appellant] TAKE NOTICE that the Court of Appeal has considered— * the appeal and has decided [complete appropriately]; * the application for— * leave to appeal to the Court; * extension of time for giving notice of appeal or application for leave to appeal; * bail and has decided [complete appropriately] Date [e.g. 15 June, 19 ] [Signed] Registrar of Criminal Appeals. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2L -- 66 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 61 Rule 2.31(2) FORM 6-2M [heading as in Form 6-2A] APPELLANT'S APPLICATION FOR EXAMINATION OF FURTHER WITNESS(ES) To the Registrar of Criminal Appeals: I [name of appellant] an appellant in the Court of Appeal, request you to take notice that I desire that the Court order the witness(es) named below to attend the Court and be examined on my behalf. PARTICULARS 1. State name(s) and address(es) of witness(es). 2. Was the witness, or if more than one, which ones, examined at the trial? 3. If the answer to question 2 is "no", give reasons why the witness or witnesses were not examined. 4. What do you want the witness(es) to be examined on? State clearly the evidence you think the witness(es) can give. Date: [e.g. 15 June, 19 ] [Signed] Appellant _______________ Form 6-2M -- 67 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 62 Rule 2.32(3) FORM 6-2N [heading as in Form 6-2A] NOTICE TO WITNESS TO ATTEND BEFORE EXAMINER To [name of witness or person to whom notice is to be given] The Court of Appeal has ordered that [name(s) of witness(es)] be examined as *a witness/*witnesses upon the appeal of [name of appellant] and that depositions are to be taken for the use of the Court. You, [name of witness], are to attend at [place], at [time] on [date] to be examined. You must bring with you to the appeal any books, papers or other material which you have received notice to produce. Date: [e.g. 15 June, 19 ] [Signed] Registrar of Criminal Appeals. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-2N -- 68 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 63 Rule 2.35(2) FORM 6-2P NOTICE TO PRISONER WHO WISHES TO APPEAL 1. If a person convicted in the Supreme Court or the County Court wishes to appeal to the Court of Appeal against conviction, the person must lodge a Notice of Appeal or Notice of Application for Leave to Appeal against conviction in the prescribed form with the Registrar of Criminal Appeals of the Supreme Court not later than 14 days after conviction and sentence. 2. The Notice of Appeal or Notice of Application for Leave to Appeal must state specifically and not merely in general terms the grounds upon which it is desired to appeal. 3. A person who has been sentenced and who wishes to appeal against the sentence must lodge a Notice of Application for Leave to Appeal against sentence in the prescribed form with the Registrar of Criminal Appeals of the Supreme Court not later than 14 days after sentence. 4. Separate Notices must be lodged for (a) an appeal against conviction and (b) an appeal against sentence. _______________ Form 6-2P -- 69 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 64 Rule 3.02(1) FORM 6-3A In the Supreme Court of Victoria 19 No. at Between A.B. Appellant and C.D. Respondent NOTICE OF INTENTION TO APPLY FOR LEAVE TO APPEAL AGAINST SENTENCE IMPOSED UNDER SECTION 86 OF THE MAGISTRATES' COURT ACT 1989 To the Registrar of Criminal Appeals: I, [full name] am convicted of the offence of [description of offence] and I am a prisoner at [name of prison]. TAKE NOTICE that I intend to apply to the Court of Appeal for leave to appeal to the Court of Appeal against the sentence of [details of sentence] passed upon me by the County Court. The grounds on which I intend to make application are: [set out specifically and concisely and not merely in general terms the grounds on which you intend to appeal]. PARTICULARS 1. Name of applicant: 2. Offence for which convicted and in relation to which it is sought to appeal: 3. Originally convicted at the Magistrates' Court at [place of Court] and sentenced to [sentence or other order imposed by the Magistrates' Court]; 4. Sentence substituted by County Court: 5. Sentencing Judge: 6. Date sentence of County Court imposed: Dated [e.g. 15 June, 19 ] [Signed by Applicant] _______________ Form 6-3A -- 70 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 65 Rule 3.07(b) FORM 6-3B INFORMATION FOR PERSONS UPON WHOM A SENTENCE OF IMPRISONMENT HAS BEEN IMPOSED BY THE COUNTY COURT UPON APPEAL FROM THE MAGISTRATES' COURT IN SUBSTITUTION FOR SOME OTHER SENTENCE IMPOSED BY THE MAGISTRATES' COURT 1. If— (a) a person has appealed to the County Court from the Magistrates' Court against a conviction, a sentence or other order of the Magistrates' Court; and (b) the County Court has substituted on that person a sentence of imprisonment instead of the sentence imposed by the Magistrates' Court; and (c) the sentence originally imposed by the Magistrates' Court was not a sentence of imprisonment— that person may apply to the Court of Appeal for leave to appeal to the Court of Appeal against the sentence imposed by the County Court. 2. If you wish to appeal against the sentence imposed by the County Court then within 14 days after that sentence has been imposed, you or your solicitor must serve or cause to be served a NOTICE OF INTENTION TO APPLY FOR LEAVE TO APPEAL AGAINST SENTENCE IMPOSED UNDER SECTION 86 OF THE MAGISTRATES' COURT ACT 1989 upon each of— (a) the informant; and (b) the Director of Public Prosecutions— and must file or cause to be filed a copy of the notice with the Registrar of Criminal Appeals. 3. The notice must be in Form 6-3A. A copy of such a Form must be given to you with this notice. _______________ Form 6-3B -- 71 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 66 Rules 4.02(1), 405 FORM 6-4A In the Supreme Court of Victoria at The Queen v. [name of accused] NOTICE THAT SOLICITOR ACTS Date of committal for trial: [if any] Committed for trial on [charges on which accused person committed] Date of notice of trial: [if any] Charges indicated by Notice of Trial: TAKE NOTICE that the solicitor (or firm) indicated below acts for the accused [name(s)] in this matter. Date: [e.g. 14 September, 19 ]. [Signed] Name of Solicitor (or firm): Address of Solicitor (or firm): Telephone number: Name of person handling matter: Present address of accused person: NOTES (1) This notice must be sent to the DPP and to the Criminal Trial Listing Directorate as soon as possible after a solicitor commences to act for an accused person. (2) This notice must be filed with the Prothonotary after a copy of a presentment has been served. _______________ Form 6-4A -- 72 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 67 Rules 4.02(2), 4.05 FORM 6-4B [heading as in Form 6-4A] NOTICE THAT SOLICITOR HAS CEASED TO ACT Date of committal for trial: [if any] Committed for trial on [charges on which accused person committed] Date of notice of trial: [if any] Charges indicated by Notice of Trial: TAKE NOTICE that the solicitor (or firm) indicated below has ceased to act for the accused [name(s)] in this matter. Filed: [e.g. 14 September, 19 ]. [Signed] NOTES: (i) This notice must be served on— —the DPP, and —the CTLD, and —the former client— as soon as possible after a solicitor has ceased to act for an accused person. (ii) As soon as possible after ceasing to act for an accused person, the solicitor must return— —to the CTLD, the copy depositions, —the DPP, all materials provided by the DPP— in relation to the matter. (iii) If a Notice under Rule 4.02(1) has been filed with the Prothonotary, this notice must be filed with the Prothonotary as soon as possible after a solicitor ceases to act for an accused person. _______________ Form 6-4B -- 73 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 68 Rule 4.04 FORM 6-4C [heading as in Form 6-4A] NOTICE OF READINESS FOR TRIAL To: Criminal Trial Listing Directorate DPP file No.: Charges: Accused: [names and addresses] Surety(ies): [names and addresses] Presentment filed on: [date] Preparation officer: Telephone No.: Co-ordinator: Telephone No.: Team Leader: Telephone No.: Practitioners for accused person(s) Accused Solicitor (or firm) Barrister (if known) [names of solicitor and counsel] Witnesses: Civilians: Police: Interpreter: Availability: [set out details of witnesses' availability] Listing comments: [Indicate whether the DPP understands that the matter will be a trial or a plea] Co-accused previously dealt with by: Judge [name] on [date]. Time limits: Trial to commence by: [date] Estimated duration of Crown case: Re-committal: [date] Re-trial: A previous trial of this matter before Judge [name] concluded on [date]. (*Mistrial/*Disagreement/*Conviction set aside) [Signed] Solicitor to the Director of Public Prosecutions ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable _______________ Form 6-4C -- 74 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 69 Rule 4.03(4) FORM 6-4D NOTICE TO ACCUSED PERSON The Director of Public Prosecutions has not received any notice that you have instructed a solicitor to act for you in relation to the charges set out in the copy presentment which accompanies this notice. You should take this notice and the presentment to your solicitor or to Victoria Legal Aid without delay. If you wish to be legally aided in this matter, your solicitor or Victoria Legal Aid will be able to assist in your application for legal aid. You will soon receive notification from the Criminal Trial Listing Directorate of a date on which this matter will be listed for hearing. You should note that the Court can commence the hearing on this date whether or not you believe you are ready to proceed. An adjournment or other delay in commencing the hearing will not necessarily be permitted to allow you time to obtain legal representation. [If the accused person is to be presented on a charge of rape the following paragraph must also be included in the notice]. As you are charged with an offence of rape your trial must be commenced within 3 months (subject to any extension of time granted by the Supreme Court) of [insert date of committal or Notice of Trial]. To ensure that the person who will represent you at your trial has an adequate time to prepare your defence, you should contact a solicitor or Victoria Legal Aid at the earliest opportunity. _______________ Form 6-4D -- 75 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 70 Rule 4.07 FORM 6-4E [heading as in Form 6-4A] QUESTIONNAIRE To [solicitor for accused person] The trial of [name of accused person] is now— * [if a bail case] ready to be listed; * [if a rape case] required to be commenced by [insert date]; * [if a remand case] proposed to be listed not later than [date]; * proposed to be listed for hearing [insert date]. Under Rule 4.07 of Chapter VI of the Supreme Court Rules YOU ARE REQUIRED WITHIN 14 DAYS to answer the following questions and to return the answers to the Criminal Trial Listing Directorate. 1. Is your firm acting for [name of accused person]? YES/NO 2. Have you (or your firm made arrangements satisfactory to you (or your firm) for payment of legal costs in relation to this matter? YES/NO 3. Will your firm represent [accused person] on the trial? YES/NO 4. If NO to question 1: (a) do you understand that [accused person] has other legal representation? YES/NO If YES, please state the name and address of that other practitioner (if known); (b) When did your firm cease to act for [accused person]? 5. If NO to question 2: (a) Has application been made by your firm or by [names of any other persons] for legal assistance on behalf of [accused person]? YES/NO If YES, give the date of such application (if known); (b) If NO to (a), has [accused person] been advised by your firm to apply for legal assistance? YES/NO. Director, Criminal Trial Listing Directorate _______________ Form 6-4E -- 76 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 71 Rule 4.10(2)(a) FORM 6-4F [heading as in Form 6-4A] APPLICATION FOR PRE-TRIAL HEARING 1. This application is made by— * The Director of Public Prosecutions * The Criminal Trial Listing Directorate * The accused person [name] 2. The applicant applies for a pre-trial hearing in this matter. 3. The ground(s) on which this application is made *is/*are [set out grounds] 4. The applicant seeks [set out details of directions or orders sought] Date: [e.g. 14 September, 19 ]. [signed by applicant or solicitor for applicant] NOTICE OF PRE-TRIAL HEARING TAKE NOTICE that a pre-trial hearing in the above matter will be held at the Supreme Court at on at a.m. [or p.m.]. Date: [e.g. 14 September, 19 ]. Prothonotary To: [names of parties to be served] _______________ Form 6-4F -- 77 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 72 Rule 5.03(1) FORM 6-5A IN THE SUPREME COURT OF VICTORIA AT BETWEEN A.B. and C.D. APPLICATION FOR*TIME TO PAY A FINE *INSTALMENT ORDER *VARIATION OF INSTALMENT ORDER *COMMUNITY-BASED ORDER 1. I, (Full name), of (address) (occupation) apply to the proper officer of the Court at for— *an order that time be allowed for payment of the fine. *an order that the fine be paid by instalments. *an order for the variation of the terms of an instalment order. *a community based order. 2. On I was ordered to pay a fine. 3. The Court ordered that I pay $ in fines and costs. 4. I *was/*was not present when the order was made. 5. The Court ordered that the fines and costs be paid— *by / /19 . *by instalments of $ to be paid on the day of each *week/*fortnight/*month. *did not make any order about payment. 6. I have made the following payments under the order— [here set out details of payments made]. 7. *I now want to pay the money I owe— *by [date] *by instalments of $ on the day of each week/*fortnight/ *month starting on [date]. Form 6-5A -- 78 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 73 [or where application is for a community-based order] *I now apply for a community-based order requiring me to perform unpaid community work as directed by a Regional Manager of the Office of Corrections, instead of paying the fine. I agree to comply with such an order. 8. At present I receive $ each week after tax has been deducted. 9. My weekly expenses are $ . 10. This leaves me with $ . Dated 19 . (Signature of Applicant) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if inapplicable _______________ Form 6-5A -- 79 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 74 Rule 5.07(1) FORM 6-5B NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF FINES A warrant to arrest has been issued to the Sheriff for non-payment of the fine(s) imposed against you in the Supreme Court. A summary of the fine(s) and the total amount still outstanding is attached. You may obtain further details of the penalties from the Court. To do so, you must supply the Court reference which is also on the attached summary. YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY, OR TO CONSENT TO THE MAKING OF A COMMUNITY-BASED ORDER [see below]. Payment must be made to The Prothonotary, [insert address]. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF YOU CANNOT PAY You may apply to the proper officer of the Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine. If you do not pay the fine and do not make an application to the proper officer you may consent to the Court making a community-based order requiring you to perform unpaid community work instead of paying the fine. You may be required to perform one hour of unpaid work for each $20 or part of $20 of each fine outstanding. A minimum of 8 hours work under the direction of the Office of Corrections must be performed, irrespective of the amount outstanding, up to a maximum of 500 hours. You can obtain a consent form from the person making this demand. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF YOU DO NOT PAY OR TAKE ANY ACTION If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month, it may— * make a community-based order requiring you to perform unpaid community work under the direction of the Office of Corrections for one hour for each $20 or part of $20 then remaining unpaid with a minimum of 8 and a maximum of 500 hours. You may also be ordered to pay additional costs; Form 6-5B -- 80 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 75 * order that you be imprisoned for one day for each $100 or part of $100 then remaining unpaid with a maximum of 24 months, and may order you to pay additional costs; * order that the amount of the fine then unpaid be levied under a warrant to seize property; * vary any existing order for payment of the fine by instalments; * adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit. _______________ Form 6-5B -- 81 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 76 Rule 5.07(2) FORM 6-5C IN THE SUPREME COURT OF VICTORIA AT BETWEEN A.B. and C.D. CONSENT TO A COMMUNITY-BASED ORDER I consent to the making by the Court of a community-based order requiring me to perform unpaid community work as directed by a Regional Manager of the Office of Corrections, instead of paying a total penalty of $ . ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK I understand that the amount(s) that I owe for each unpaid fine will be converted into hours of unpaid community work at the rate of 1 hour for each $20 or part of $20 which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CONDITIONS OF THE ORDER I understand that the following conditions will apply to the order and I agree to comply with them: During the period of the community-based order I must— * not commit another offence punishable by imprisonment * report to a Community Corrections Centre specified by the Court * report to, and receive visits from, a community corrections officer * notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change * not leave Victoria except with the permission of an officer at the specified community corrections centre * obey all lawful instructions and directions of community corrections officers Form 6-5C -- 82 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 77 * perform unpaid community work as directed by the Regional Manager for a period determined by the Court. Dated at , 19 . Witnessed by [Signature of person in default] [Print name] TO THE PERSON IN DEFAULT The Court will send you a notice of the making of a community-based order and its conditions. _______________ Form 6-5C -- 83 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 78 Rule 5.07(3) FORM 6-5D COMMUNITY-BASED ORDER IN DEFAULT OF PAYMENT OF A FINE TO Ref. No. of Date of birth / / On / / , with your signed consent, this community-based order is made against you requiring you to perform unpaid community work in respect of the unpaid fine set out below which was imposed by the Supreme Court at on / / . UNPAID AMOUNTS Fine Statutory Costs Costs Hours of work ordered How hours to be served Where the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other community-based order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed. This order commences on / / and ends on / / . You must attend [address of Community Corrections Centre] within 2 clear working days after / / . The Magistrates' Court at will supervise this order. The conditions of this Order are that you must— * not commit another offence for which you could be imprisoned during the time that the order is in force; * report to the above Community Corrections Centre within 2 clear working days of the order starting; * report to, and receive visits from, a community corrections officer; Form 6-5D -- 84 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 79 * 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; * not leave Victoria without first obtaining permission to do so from an officer at the above Community Corrections Centre; * obey all lawful instructions and directions given to you by community corrections officers; * performed unpaid community work as directed by the Regional Manager of the Office of Corrections for the period determined by the Court. This order was made on / / at [Signature of Judge] _______________ Form 6-5D -- 85 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 80 Rule 5.07(4) FORM 6-5E SUMMONS FOR FAILURE TO PAY A FINE IN THE SUPREME COURT OF VICTORIA AT BETWEEN A.B. and C.D. TO Ref. No. of Date of birth / / 1. On you were found guilty of an offence and the Court ordered you to pay the following amount(s): Act/section Fine Statutory Costs Costs/Other amount(s) Paid Unpaid $ $ $ $ $ TOTAL AMOUNT NOW PAYABLE 2. The Court records show that you have not paid the above amount payable and a warrant to seize your property to recover that amount has been returned unsatisfied. 3. YOU ARE DIRECTED TO APPEAR BEFORE THE COURT AT at a.m./p.m. ON , 19 TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S). Issued at on Prothonotary NOTES Form 6-5E -- 86 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 81 1. If you pay the above amount to the Prothonotary on or before the date for hearing of this summons, you will not be required to appear at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs. 2. Payments may be made personally or posted to the Prothonotary. You must quote the Court reference at the top of this summons. 3. If you do not pay the amount due or appear at Court as directed by this summons, a warrant for your arrest may be issued. _______________ Form 6-5E -- 87 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 82 Rule 5.08 FORM 6-5F NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF A FINE (BODIES CORPORATE) A warrant to seize property owned by the company has been issued to satisfy the amount of a fine or instalment under an instalment order imposed on the company by the Supreme Court, and all lawful costs of execution. The attached document sets out a summary of the details and the total amount outstanding. You may obtain further details of the penalty from the Court. To do so, you must supply the Court reference which is also on the attached summary. THE COMPANY HAS 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE TO PAY THE AMOUNT OUTSTANDING OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER [see below]. Payment must be made to The Prothonotary, [insert address]. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF THE COMPANY CANNOT PAY It may apply to the proper officer of the Court for an order that the fine be paid by instalments or for an order that the company be allowed time to pay the fine. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF THE COMPANY DOES NOT PAY OR TAKE ANY ACTION If the company does not pay or take any action, the Sheriff is required to seize and sell property belonging to the company to satisfy the amount outstanding. _______________ Form 6-5F -- 88 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 83 Rule 6.02(1) FORM 6-6A IN THE SUPREME COURT 19 No. OF VICTORIA IN THE MATTER OF THE AT Crimes (Confiscation of Profits) Act 1986 and IN THE MATTER OF CD, a person convicted. BETWEEN AB Applicant and CD Respondent APPLICATION To: [Respondent] You have been convicted in the Supreme Court of [set out details of conviction]. TAKE NOTICE that the applicant applies for the following orders against you: Directions as to the hearing of this application will be given by the Court [state the date or the occasion, e.g. after sentence]. Dated: [e.g. 15 June, 19 ] [signed] Filed: The Applicant's address for service is: [The form is to include, in a Schedule if necessary, details of any property in respect of which an order is sought.] _______________ Form 6-6A -- 89 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 84 Rule 6.02(2) FORM 6-6B IN THE SUPREME COURT 19 No. OF VICTORIA IN THE MATTER OF THE AT Crimes (Confiscation of Profits) Act 1986 and IN THE MATTER OF CD, a person charged/about to be charged. BETWEEN AB Applicant and CD Respondent APPLICATION To: [Respondent] You *have been charged/*are about to be charged with [state offence(s)]. TAKE NOTICE that the applicant applies for the following orders against you: Directions as to the hearing of this application will be given by the Court on [state the date]. Dated: [e.g. 15 June, 19 ] The applicant's address for service is: [This form is to include, in a Schedule if necessary, details of any property in respect of which an order is sought.] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if inapplicable. _______________ Form 6-6B -- 90 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 85 Rule 6.09 FORM 6-6C [heading as in Form 6-5A] NOTICE OF DISCHARGE OF FORFEITURE ORDER To: [name] 1. TAKE NOTICE THAT the forfeiture order made by the Court on [date] has been discharged under section 10(1) of the Crimes (Confiscation of Profits) Act 1986. 2. If you claim an interest in the property the subject of the forfeiture order you may make an application under section 11(1)(a) or section 11(1)(b) of the Crimes (Confiscation of Profits) Act 1986. Dated: [e.g. 15 June, 19 ]. [signed]. _______________ Form 6-6C -- 91 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 86 Rule 7.03 FORM 6-7A IN THE SUPREME COURT In the matter of the OF VICTORIA Listening Devices Act AT 1969; and in the matter of an application for a warrant pursuant to the Act COMPLAINT I, [name of member of police force], [rank of member] of Police of [station to which member is attached] make complaint that I *suspect/*believe that— (a) an offence *has been/*is about to be/*is likely to be committed; and (b) that for the purpose of— * an investigation into that offence, * enabling evidence to be obtained of the commission of that offence, * enabling evidence to be obtained of the identity of the offender, the use of a listening device is necessary. The complaint is made upon the facts and matters set out and deposed to in the affidavit of AB sworn on [date] in support of this complaint. Date: [signed] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable. _______________ Form 6-7A -- 92 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 87 Rule 7.05 FORM 6-7B IN THE SUPREME COURT In the matter of the OF VICTORIA Listening Devices Act 1969; AT and in the matter of an application for a warrant pursuant to the Act WARRANT The Court, being satisfied that there are reasonable grounds for the suspicion or belief of [name of member of police force making complaint], [rank of member] of Police, of [station to which member is attached] that— (a) an offence *has been/*is about to be/*is likely to be committed; and (b) that for the purpose of— *an investigation of that offence, *enabling evidence to be obtained of the commission of that offence, *enabling evidence to be obtained of the identity of the offender, the use of a listening device is necessary— 1. Authorises the *installation/*use of a listening device and specifies the following: (a) The warrant is granted in respect of [name of offence]; (b) The warrant authorises the recording of or listening to the private conversation(s) of [name of person(s)];(1) (c) The period for which the warrant is in force is from [date (and time if applicable) for commencement of warrant] to [date (and time if applicable) or termination of warrant], both inclusive; (d) The listening device may be used by: (i) [name(s) of person(s) who may use the device]; and by (ii) [name(s) of person(s) who may use the device on behalf of person(s) named in (i)] on *his/*her/*their behalf; (e) *The listening device is to be installed in [description of premises]/*used at [description of place]; (f) The conditions upon which the said premises may be entered or a listening device may be used are— Form 6-7B -- 93 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 88 [specify conditions]; (g) [Person(s) authorised to use warrant] *is/*are required to report under section 5 of the Listening Devices Act 1969 to the Minister administering the Police Regulation Act 1958 on or before [time within which person must report]. 2. Authorises and requires the retrieval of the listening device and authorises entry to [description of premises] for the purposes of installation and retrieval. (2) Date: [signature of Judge authorising use of device] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– * Delete if not applicable. [Notes: 1. Item (b) should be completed if it is practicable to do so. 2. Paragraph 2 must be completed if the warrant authorises installation of a listening device.]. _______________ Form 6-7B -- 94 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 89 Rule 9.03 FORM 6-9A IN THE SUPREME COURT In the matter of the OF VICTORIA Witness Protection Act 1991; AT and in the matter of an application for an application for an order under section 6 of the Act. APPLICATION I, [name ], Chief Commissioner of Police for Victoria HEREBY APPLY, pursuant to section 6 of the Witness Protection Act 1991, for an order authorizing [name of member of police force], [rank of member] of Police of [station to which member is attached] to make a new entry in the Register maintained under Part 7 of the Births, Deaths and Marriages Registration Act 1996 in respect of [name of witness and any other person in respect of whom a new entry is proposed]. Date: [signed]. _______________ Form 6-9A -- 95 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 90 Rule 10.03 FORM 6-10A NOTICE OF APPLICATION UNDER SECTION 42L OF THE EVIDENCE ACT 1958 In the Supreme 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 6-10A -- 96 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 91 Rules 10.04, 10.05 and 10.06 FORM 6-10B NOTICE OF APPLICATION UNDER SECTION 42M, 42N or 42P OF THE EVIDENCE ACT 1958 In the Supreme Court at The Queen v. [name of accused] PART 1—PARTICULARS OF APPLICATION TAKE NOTICE that the applicant, [name of applicant], intends to apply to the Court for a direction that the accused appear before it by audio visual link. 1. Type of hearing—[insert details]. 2. Date of hearing—[insert details]. 3. The grounds on which this application is made are—[set out grounds]. 4. Is this application being made with the consent of the parties to the proceeding?— 5. If the answer to question 4 is No, what parties have not given consent?— 6. If the accused is in custody, do facilities exist for an audio visual link?— Date— [Signature] PART 2—PARTICULARS OF HEARING (to be completed by the Prothonotary) The application will be heard before the Judge in the Practice Court, Supreme Court, William Street, Melbourne, on [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: 26 March 1998 Form 6-10B -- 97 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 92 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. J. M. BATT, J.A. PETER BUCHANAN, J.A. BARRY BEACH, J. G. HAMPEL, J. F. H. R. VINCENT, J. P. D. CUMMINS, J. ALLAN W. McDONALD, J. DAVID ASHLEY, J. JOHN J. HEDIGAN, J. J. A. COLDREY, J. DAVID BYRNE, J. D. L. HARPER, J. G. M. EAMES, J. H. R. HANSEN, J. PHILIP MANDIE, J. ROSEMARY BALMFORD, J. E. W. GILLARD, J. MURRAY B. KELLAM, J. ═══════════════ Form 6-10B -- 98 of 99 -- S.R. No. 33/1998 Criminal Appeals and Procedures Rules 1998 93 NOTES 1 Rule 1.03: S.R. No. 127/1988 as amended by S.R. Nos 46/1989, 124/1990, 104/1991, 156/1991, 209/1992, 261/1992, 182/1993, 71/1995, 57/1996, 119/1996, 60/1997 and 139/1997. Notes -- 99 of 99 --