Version No. 005 Magistrates' Court Criminal Procedure Rules 2009 S.R. No. 181/2009 Version incorporating amendments as at 8 December 2011 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 and object (1) These Rules constitute Chapter III of the Rules of the Magistrates' Court and are entitled the Magistrates' Court Criminal Procedure Rules 2009. (2) The object of Rules is to provide for practice and procedure in all criminal proceedings in the Magistrates' Court of Victoria. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and section 419 of the Criminal Procedure Act 2009 and all other enabling powers. 3 Commencement Rules come into operation on 1 January 2010. 4 Revocation The Rules set out in Schedule 1 are revoked. 5 Overriding objective 1—PRELIMINARY
Read these pages to see what you must do. Details of the charge against you 1. What is the charge? (Description of offence) Act or Section or Clause Under what law? State Act Regulation No. (Full Ref.) Commonwealth Regulation Other— specify Are there more charges? No Yes—see 2 Type of offence Summary offence Indictable offence Request for committal proceeding No Yes 2. What is the charge? (Description of offence) Act or Section or Clause
Summary of the charges: Who the charges? [Informant] Agency and address: Email Addresss: Phone No.: WHAT YOU HAVE TO DO You must bring this summons with you and come to court to give evidence in the proceeding come to court to give evidence and also produce at the hearing the following documents or things that are in your possession or control produce at the hearing the following documents or things that are in your possession or control If you are required to give evidence, you must attend at the hearing. If you fail to attend the hearing or give evidence in accordance with this document a warrant for your arrest may be issued. You may produce this summons and the documents or things referred to above to the registrar of the Magistrates' Court at [venue] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the date on which you are required to attend. WILL THE CASE BE HEARD? The Magistrates' at [venue] Address: Phone: When Time Day Month Year Details about this summons Issued at: Date: Form 13 Issued by:
*4. The accused will apply for leave to cross-examine the following witness or witnesses. Name of witness: Does the informant oppose leave being granted? *Yes/*No Issue, relevance and justification [indicate the issue or issues identified by the accused to which the proposed questioning relates, why the accused considers that evidence of the witness is relevant to that issue or those issues and why the accused considers that cross-examination on that issue or those issues is justified] Form 32 Opposition [indicate why the informant opposes leave being granted] *5. The particulars of previous convictions of any witness on evidence the prosecution intends to rely in the committal proceeding. *6. The accused seeks the production of an item or items listed in the brief and the informant objects to the production of the item or items— Item [describe the item(s)] Ground for objection [indicate the informant's ground for objecting to producing the item] *7. The accused seeks the production of an item or items not included in the hand-up brief *8. The accused is *prepared/*not prepared to proceed with the committal hearing while a forensic procedure, examination or test described in the hand-up brief remains incomplete. *9. The accused and the DPP or informant seek an adjournment of the committal proceeding. Reason(s) for adjournment [indicate the reason(s) for the proposed adjournment]
of Amendments Endnotes This Version incorporates amendments made to the Magistrates' Court Criminal Procedure Rules 2009 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Magistrates' Court Criminal Procedure (Amendment No. 1) Rules 2011, S.R. No. 18/2011 Date of Making: 13.4.11 Date of Commencement: 22.4.11: rule 3 Magistrates' Court Criminal Procedure (Amendment No. 2) Rules 2011, S.R. No. 59/2011 Date of Making: 7.7.11 Date of Commencement: 10.7.11: rule 3 Magistrates' (Reference Amendment) Rules 2011, S.R. No. 123/2011 Date of Making: 3.11.11 Date of Commencement: 3.11.11 Magistrates' Court Miscellaneous Amendment Rules 2011, S.R. No. 150/2011 Date of Making: 6.12.11 Date of Commencement: 8.12.11: rule 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes