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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 (SR NO 126 OF 2017)
TABLE OF PROVISIONS
ORDER 1—PRELIMINARY
1.01. Title and object
1.02. Authorising provisions
1.03. Commencement and revocation
1.04. Application of Rules
1.05. Definitions
1.06. Registrar of Criminal Appeals
1.06.1. Associate Judge acting for Registrar
1.07. Calculating time
1.08. Extension and abridgement
1.09. Process in vacation
1.10. Content and form of documents
1.11. Filing of documents
1.12. Subpoenas
1.12.1. Subpoenas—Trans-Tasman Proceedings Act 2010
1.12.2. Procedure under the Vexatious Proceedings Act 2014
1.13. Authentication
1.14. Amendment of judgment or order
1.15. Effect of non-compliance and dispensing with compliance
1.16. Exercise of jurisdiction by Judge of the Court or Court of Appeal
1.17. Notices to be signed
1.18. General applications
ORDER 2—CRIMINAL APPEALS
PART 1--PRELIMINARY
2.01. Definitions
2.02. Single judge
2.03. Jurisdiction and powers exercisable by two Judges of Appeal
2.04. Legal practitioners
PART 2--COMMENCEMENT OF APPEALS UNDER DIVISIONS 1 AND 2 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009
2.05. Application for leave to appeal against conviction or sentence
2.06. Application may be determined by single Judge of Appeal
2.07. Procedure for determination of application by single Judge of Appeal
2.08. Procedure for renewal of application
2.09. Powers of determination
2.10. Application may be treated as appeal
2.11. No notice of appeal when leave is granted
2.12. Unrepresented appellant
2.13. Registrar may vacate hearing date or refer for dismissal
PART 3--APPEALS UNDER DIVISION 3 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDUREACT 2009
2.15. Crown appeals
PART 4--APPLICATIONS UNDER DIVISION 5 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009
2.16. Refusal to reserve question of law—application to show cause
2.17. Applicant to file affidavit
PART 5--APPEALS UNDER CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED)ACT 1997
2.17.1. Application of this Part
2.18. Commencement of appeal against finding that accused is unfit to stand trial
2.19. Commencement of appeal against verdict of not guilty because of mental impairment
2.20. Application may be treated as appeal
2.21. No notice of appeal when leave is granted
PART 6--APPLICATIONS UNDER DIVISION 7 OF PART 6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDUREACT 2009
2.22. Application for extension of time
2.23. Extension of time before Registrar
2.24. Extension of time—application under section 313(2)
2.25. Application under section 315—refusal of Judge of Appeal to exercise powers
PART 7--REFERENCE TO COURT OF APPEAL ON PETITION OF MERCY
2.26. Reference on petition of mercy
PART 8--PROCEDURES
2.27. Time
2.28. Fine and imprisonment in default—fine paid to be retained pending appeal
2.29. Procedure for appeal where fine and imprisonment in default
2.30. Pre-hearing conference
2.31. Transcript of trial
2.32. Preservation of exhibits
2.33. Copies of transcript, exhibits etc.
2.34. Return of exhibits after hearing
2.35. Certificate of conviction
2.36. Attendance of appellant
2.37. Bringing appellant in custody before the Court
2.38. Bail
2.39. Registrar to notify determination
2.40. Notice of abandonment
2.41. Abandonment
2.42. Report from trial judge
2.43. Original depositions, exhibits etc.
2.44. Witnesses before Court of Appeal—section 318
2.45. Examination other than by court under section 318(2)
2.46. Special commissioners—section 320
2.47. Entitlement to hearing when restitution order or compensation order made
2.48. Property subject to restitution order or compensation order
2.49. Security may be ordered
2.50. Property subject to order for forfeiture or destruction
2.51. Custody of property of convicted person
2.52. Transfer of prisoners
2.53. Duties of prison officers
2.54. Obligation of prison officers—section 283 appeals
PART 9--OTHER APPLICATIONS TO COURT OF APPEAL
2.55. Application of Part
2.56. Application by summons
2.57. Service
2.58. Directions hearing
2.59. Court of Appeal may set aside or give directions
ORDER 3--—INTERLOCUTORY APPEALS UNDER THE CRIMINAL PROCEDURE ACT 2009
3.01. Application of Order
3.02. Definitions
3.03. Commencement of interlocutory appeal—section 295
3.04. Commencement of application for review of refusal to certify—section 296
3.05. Appellant to file affidavit
3.06. Application for leave may be treated as appeal or review
ORDER 3A—APPEALS ON A QUESTION OF LAW
3A.01. Application of Order and definitions
3A.02. Commencement of appeal on a question of law
3A.03. Notice of appeal
3A.04. Appellant to file affidavit
3A.05. Directions
3A.06. Leave to appeal
3A.07. Stay
3A.08. Delay and expedition
3A.09. Report
3A.10. Reference by Associate Judge to Judge of the Court
3A.11. Reference by Judge of the Court to Associate Judge
3A.12. Appeal to a Judge of the Court
3A.13. Appeal to the Court of Appeal
ORDER 3B--—APPEALS UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005 OTHER THAN APPEALS ON A QUESTION OF LAW
3B.01. Application of Order
3B.02. Notice of appeal and undertaking to proceed with appeal
3B.03. Legal practitioner to notify that practitioner acts
3B.04. Prothonotary to fix hearing
3B.05. Recording of decision on appeal under section 424
3B.06. Appeal by DPP against sentence
3B.07. Appeal by DPP under section 429A—failure to fulfil undertaking
3B.08. Abandonment of appeal
3B.09. Order striking out appeal
3B.10. Application to set aside order striking out appeal for failure to appear
3B.11. Original depositions, exhibits etc.
3B.12. Prothonotary to notify determination
3B.13. Certificate of conviction
3B.14. Fine and imprisonment in default—fine paid to be retained pending appeal
3B.15. Entitlement to hearing when restitution order or compensation order made
3B.16. Property subject to restitution order or compensation order
ORDER 3C--—APPEALS FROM CHILDREN'S COURT UNDER THE CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997
3C.01. Application of Order 3C
3C.02. Appeal by child against finding of unfitness to be tried
3C.03. Appeal by child against finding of not guilty because of mental impairment
3C.04. Appeal by DPP against order for unconditional release
3C.05. Appeal by child against supervision order
3C.06. Appeal by DPP, Attorney-General or Secretary to the Department of Health and Human Services against supervision order
3C.07. Affidavit in support
3C.08. Children's Court recording officer to give Court documents when required
ORDER 3D--—APPEALS TO TRIAL DIVISION UNDER PART 6.1 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT 2009
3D.01. Application of this Order
3D.02. Definitions
3D.03. Notice of appeal by offender
3D.04. Appeals by DPP against sentence or failure to fulfil undertaking
3D.05. Prothonotary to fix date for hearing of appeal
3D.06. Abandonment of appeal
3D.07. Written notice of abandonment of appeal—conviction only
3D.08. Application to set aside an order striking out appeal for failure to appear
3D.09. Recording and notification of result of appeal
3D.10. Legal practitioner to notify that practitioner acts
ORDER 4—CRIMINAL PROCEDURE RULES
PART 1--PRE-TRIAL CRIMINAL PROCEDURE
4.01. Definitions
4.02. Filing indictment
4.03. Notice to accompany copy indictment—no legal practitioner representing accused
4.04. Notice by legal practitioner to DPP and Judicial Registrar-Criminal Division
4.05. Notice by legal practitioner to Prothonotary
4.06. Unrepresented accused
4.07. Case conference
PART 2--NOTICES UNDER THE ACT AND GENERAL MATTERS
4.09. Commonwealth DPP
4.10. DPP to specify sections in notice given under the Act
4.11. Notice of alibi
4.12. Recording of time and date of arraignment
4.13. Notice of intention to plead guilty to remaining charges in indictment
4.14. Summons or warrant when direct indictment filed
PART 3--AUTHORITY OF JUDICIAL REGISTRARS UNDER THIS ORDER
4.15. Authority of judicial registrar at directions hearings
4.16. Limitations on authority of judicial registrar
4.17. Further authority of judicial registrars
4.18. Judicial registrar may constitute Trial Division of Court
4.19. Appeal from determination by a judicial registrar under this Order
4.20. Judicial registrar may act for another
ORDER 5—PAYMENT OF FINES RULES
PART 1--PAYMENT OF FINES--SENTENCING ACT 1991
5.01. Definitions
5.02. Proper officer
5.03. Application
5.04. Application operates as stay
5.05. Consideration of application
5.06. Service of copy order
5.07. Enforcement of fines against a natural person
5.08. Enforcement of fine against body corporate
PART 2--APPLICATIONS UNDER THE SHERIFF ACT 2009
5.09. Application for reinstatement of certain money warrants
5.10. Filing and service of summons
ORDER 6—CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME
PART 1--PRELIMINARY MATTERS
6.01. Definitions
6.02. Application of this Order
6.03. Notice by legal practitioner
PART 2--APPLICATIONS UNDER THE CONFISCATION ACT 1997
6.04. Making of application to the Court
6.05. Notice and service generally
6.06. Applications for restraining orders
6.07. Applications for monitoring orders
6.08. Application without notice under the Act
6.09. Form of certain applications and notices of application
6.10. Filing and directions
6.11. Notice by person contesting an application
6.12. Evidence
6.13. Notice of order or declaration
6.14. Notice of discharge
6.15. Interstate order
6.16. Examination under section 98(2) of the Act
PART 3--APPLICATIONS UNDER THE COMMONWEALTH ACT
6.17. Making of application to the Court under the Commonwealth Act
6.18. Notice and service under the Commonwealth Act
6.19. Applications for restraining orders and other applications under the Commonwealth Act
6.20. Applications for monitoring orders under the Commonwealth Act
6.21. Filing and directions
6.22. Notice by person contesting an application under the Commonwealth Act
6.23. Evidence
6.24. Notice of order or declaration under Commonwealth Act
ORDER 7—SURVEILLANCE DEVICES RULES
7.01. Definition
7.02. Application of Order
7.03. Forms of application
7.04. Filing and service of documents
7.05. Form of surveillance device warrants
7.06. Form of retrieval warrant
7.07. Assistance orders
7.08. Reports under section 30K
ORDER 9—WITNESS PROTECTION RULES
ORDER 10--—APPLICATIONS FOR THE USE OF AUDIO VISUAL LINKS AND AUDIO LINKS
ORDER 11—TERRORISM (COMMUNITY PROTECTION) RULES
ORDER 12--—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) RULES
ORDER 12A—SEX OFFENDERS REGISTRATION RULES
ORDER 13—MAJOR CRIME (INVESTIGATIVE POWERS) RULES
ORDER 14—ASSUMED IDENTITY RULES
ORDER 15—IDENTITY CRIME RULES
ORDER 16—PROCEDURE UNDER THE OPEN COURTS ACT 2013
SCHEDULE
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