the audio visual record of evidence of (insert name) made on (insert date) pursuant to section 12AB of the Evidence Act 1929 be admitted in evidence at trial. Endorsements Application made pursuant to rule 57B of the Supreme Court Criminal Rules 2014 and section 13BA of the Evidence Act 1929. Grounds The grounds relied upon are as follows: (set out sufficient particulars to give proper notice of the issues to be raised so that the other party may determine whether there will be a dispute on the relevant facts) The audio visual record of the witness was made pursuant to section 12AB at a pre-trial special hearing on (insert date) before (insert name of judicial officer). The witness’ capacity to give sworn/unsworn (delete whichever is inapplicable) evidence at the time the recording was made is evidenced by (insert details). The party/parties (delete whichever is inapplicable) against whom it is sought that the evidence be admitted has/have (delete whichever is inapplicable) been given a reasonable opportunity to view the recording, namely: (insert name) was notified on (insert date) by (insert details of notification) that the audio visual record was available for viewing at a time convenient; (insert name) viewed the audio visual record on (insert date); a copy of the audio visual record was provided to (insert name) on (insert date). (delete whichever is inapplicable). The witness will be available, if required, during the course of the trial for further examination, cross-examination and re-examination. It is proposed that the audiovisual record be edited to exclude evidence that is or may be inadmissible in the following manner, namely (insert details).
Date: (signed) ...........................…………………………….…… Director of Public Prosecutions (or) Defendant (or) Solicitor for the defendant (delete whichever is inapplicable) Hearing (When the application is to be given a separate listing date, the following will be completed by the Registry) This application will be heard before…………………………….in the Supreme Court at…………………………………………………on …………. at ……….. or so soon afterwards as the business of the Court allows. The courtroom in which the application will be heard will be published: on the Courts Administration Authority website the day before; in the Advertiser on the day; and on the notice board at the Courts Building. The parties and all persons served with this application are required then to attend if they wish to be heard on the application and, in their absence, the Court may make such order as it thinks fit. Date: (signed) ………………………… Registrar Rules 57B Form 13D Application for admission of audiovisual record (Summary Offences Act) (insert front sheet)
Date: (signed) ……………………………………………………. Attorney-General /Director of Public Prosecutions/Solicitor for the defendant/Defendant (delete whichever is inapplicable) Rule 116 Form 48 – There is no Form 48 (deleted by Amendment No. 5 effective 1 June 2018) Rule 118(1) Form 49 Certificate of trial Judge (insert proceeding heading) CERTIFICATE OF TRIAL JUDGE Criminal Procedure Act 1921 s 157(1)(a)(ii) Particulars of conviction The defendant (insert name of defendant) …………………………………………….. was tried and convicted before me in the Supreme Court/District Court (delete whichever is inapplicable) on …………………………… of the offences of: ………………………………………………………………………………………......... ………………………………………………………………………………………......... Certification
Date: (signed) ……………………………………………………. Solicitor for the applicant/Applicant (delete whichever is inapplicable) Note Any request by the applicant must be made within 5 business days after the date of the Notice of Judge’s Decision to Refuse Application Rule 120(5) Form 52 Notice of result of request for bail or to be present (insert proceeding heading) NOTICE OF RESULT OF REQUEST FOR BAIL OR TO APPEAR IN PERSON TO THE APPLICANT: (insert name) ………………………………………………….. Notice TAKE NOTICE that the Full Court of the Supreme Court having considered your application for (a) bail pending appeal (b) permission to appear before the Court in person at the hearing of the proceeding in relation to your appeal (delete whichever is inapplicable) has refused the application for (delete if inapplicable) …………………………… ……………………………………………………………………………………….. has granted the application for (delete if inapplicable) ……………………………. ………………………………………………………………………………………..
……………………………………… Date: Counsel’s name Counsel’s email address Counsel’s telephone number Rule 70(1)(c) Form 56C Crown Appeal - Written Submissions for the Applicant (insert front sheet) WRITTEN SUBMISSIONS OF THE DIRECTOR OF PUBLIC PROSECUTIONS/APPLICATION FOR PERMISSION TO APPEAL AGAINST SENTENCE Part 1: CONCISE STATEMENT OF ISSUES PRESENTED BY THE APPLICATION/APPEAL Part 2: THE SENTENCE APPEALED AGAINST Offences(s) for which the Applicant/Appellant was sentenced and related maximum penalties The sentence imposed The factual basis of the offending The harm, loss or injury sustained by the victim The personal circumstances of the applicant/appellant Part 3: LEGISLATIVE PROVISIONS Part 4: REASONS WHY PERMISSION TO APPEAL SHOULD BE GRANTED Part 5: REASONS WHY AN APPEAL SHOULD BE ALLOWED Part 6: ORDERS SOUGHT ……………………………………… Date: