Are there more charges? No Yes—see 2 below 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 Under what law? State Act Regulation No. (Full Ref.) Commonwealth Regulation specify Are there more charges? No Yes—see "Continuation of Charges" attached Type of offence Summary offence Indictable offence Request for committal proceeding No Yes Who filed the charge-sheet(s)? Name of Informant: Agency and Address: Email: Fax No.: Agency Ref.: Signature of Informant:
Email address: Registration number of vehicle: State registered: Driver licence number: State issued: To the corporate accused: You have been charged with an offence. Read pages to see what you must do. Details of the charge against you What is the charge? (Description of offence): If you do not appear in answer to a summons and the charge is an indictable offence that may be determined summarily the Magistrates' Court may hear and determine the charge in your absence. If you do not appear in answer to a summons for an indictable offence the Magistrates' may conduct a committal proceeding in your absence. Act or Section or Clause Under what law? State Act Regulation No. (Full Ref.) Common- wealth Regulation Other— specify Are more charges? No Yes—see "Continuation of Charges" attached Type of offence Summary offence Indictable offence Request for committal proceeding No Yes Who filed the charge-sheet(s)? Name of Informant:
(b) by sending a copy of the application by prepaid ordinary post addressed to the informant at the business address nominated by the informant; or (c) by sending a copy of the application by fax or email addressed to the informant at the fax number or email address nominated by the informant; or (d) by leaving a copy of the application for the informant at the informant's business address with a person who appears to work there; or (e) in any other manner agreed to by the informant. Once you have served the application you must complete the ''Affidavit of Service'' and give it to the Registrar of the Court at the venue where your case was heard. You must do this within a reasonable time before the court date for the hearing of the application. 2. If you are making an application for a stay of order you must serve a copy of the application on the person who charged you 7 days before the court date for the hearing of the application. 3. If you are in custody only because of the order that is the subject of this application, you may apply for bail pending the re-hearing. If the application is made by the informant on behalf of the accused: A copy of the notice must be served in the same manner as a summons may be served. __________________ 19 Rule 32 (Section 61 of the Magistrates' Court Act 1989) (Criminal Procedure Act 2009) Name of person to be arrested Court Ref.
23 Rule 36 Court Ref. Offender's Name: M F Address: Who the charges? Agency: DETAILS OF THE FINE On [date] the Magistrates' Court at [venue] convicted and fined the offender. Amount unpaid Charge Total penalty imposed Fine Statutory Costs Default Period 1 2 3 4 5 6 7 8 9 0 Total amount unpaid $ AUTHORITY AND DIRECTIONS To all members of the police all prison officers, the Sheriff or trial,
Form 37 amended by S.R. No. 45/2016 rule 17. 37 Rules 29A, 54 (Sections 68(1) and 141(2) of the Criminal Procedure Act 2009) "You now have the right to answer the charge against you and must choose either: give evidence, that is, to enter the witness box, take the oath or make an affirmation and say what you want to say in answer to the charge. This is known as giving sworn evidence. When you have given your evidence you may be asked to respond to questions about it by the prosecution or the Court; may say nothing in answer to the charge. In either case you may call any witness or witnesses to give sworn evidence for you. What do you desire to do?" __________________ 38 Rule 55 (Section 143 Criminal Procedure Act 2009) In the Magistrates' Court of at Court Reference: The person who filed the charges:
__________________ Form 53 amended by S.R. No. 24/2014 rule 24. 53 Rule 103 (Section 69M(1) of the Sentencing Act 1991) In the Magistrates' of at [venue] Court Reference: Date of birth Informant of TO: 1. On [date] you were found guilty of an offence and the Court ordered you to pay the following amount(s): Charge No. 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 and a warrant to seize your property to recover this amount has been returned unsatisfied. 3. YOU ARE DIRECTED TO APPEAR BEFORE THE MAGISTRATES' AT [place] ON [date and time] TO BE EXAMINED
Victoria at [venue] In the matter of: [Prosecuting Agency] and [Offender] Name of Applicant: Address of Applicant: Postcode: Tel: [insert number] This application is made by: The applicant for the order A party to the proceeding The Attorney-General The Attorney-General of another State or Territory or of the Commonwealth A news media organisation Other [state if applicable] I, [applicant's name] make application to review the [type of order] suppression order made on [date of order] before Magistrate [name of Magistrate who made the order] at the [venue] of the Magistrates' Court. Grounds of application [insert description of grounds for application]: Dated: [e.g. 5 September 20 ]. [Applicant or applicant's Australian lawyer] NOTICE OF APPLICATION (To be completed by the Registrar) This application will be heard before a Magistrate at the Magistrates' Court of Victoria at [venue] on [date e.g. 20 June 20 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows.
Magistrates' Court (Chapters I and III Open Courts Amendment) Rules 2013, S.R. No. 155/2013 Date of Making: 5.12.13 Date of Commencement: Rules 4, 5 on 9.12.13: rule 3 Magistrates' Court Criminal Procedure (Amendment No. 4) Rules 2013, S.R. No. 177/2013 Date of Making: 17.12.13 Date of Commencement: 20.12.13: rule 3 Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014, S.R. No. 24/2014 Date of Making: 29.4.14 Date of Commencement: 5.5.14: rule 3 Magistrates' Court Criminal Procedure (Infringement Court Venue Amendment) Rules 2014, S.R. No. 121/2014 Date of Making: 12.9.14 Date of Commencement: 29.9.14: rule 3 Magistrates' Court (Vexatious Proceedings Amendments) Rules 2014, S.R. No. 203/2014 Date of Making: 30.10.14 Date of Commencement: Rule 6 on 31.10.14: rule 3 Magistrates' Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015, S.R. No. 113/2015 Date of Making: 6.10.15 Date of Commencement: 5–8 on 12.10.15: rule 3 Magistrates' Court Criminal Procedure (Amendment No. 6) Rules 2016, S.R. No. 45/2016 Date of Making: 19.5.16 Date of Commencement: 1.7.16: rule 3 Magistrates' Criminal Procedure Amendment (Audio Visual Appearance) Rules 2016, S.R. No. 115/2016 Date of Making: 8.9.16 Date of Commencement: 12.9.16: rule 3 Magistrates' Court Criminal Procedure (Amendment No. 7) Rules 2017, S.R. No. 82/2017
Date of Making: 2.8.17 Date of Commencement: 7.8.17: rule 3 Magistrates' Court Criminal Procedure (Amendment No. 8) Rules 2018, S.R. No. 9/2018 Date of Making: 8.2.18 Date of Commencement: 12.2.18: rule 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details No entries at date of publication.