Criminal Rules 2006

Criminal Rules 2006

20 April 2006

We, the Honourable Peter George Underwood, Officer of the Order of Australia, Chief Justice, the Honourable Ewan Charles Crawford, the Honourable Pierre William Slicer, the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, and the Honourable Shan Tennent, Puisne Judges of the Supreme Court of Tasmania, make the following Rules of Court under the Criminal Code Act 1924.

These Rules of Court may be cited as the Criminal Rules 2006.

These Rules of Court take effect on the day on which their making is notified in the Gazette.

In these Rules of Court, unless the contrary intention appears –

appeal includes an application for leave to appeal;

Code means the Criminal Code;

committal order means an order committing a defendant to the Court under section 60 of the Justices Act 1959;

Court means the Supreme Court;

court of trial means the court – before which an accused person is tried upon an indictment; or which passes sentence upon a plea of guilty;

Crown Counsel means a legal practitioner employed in, or instructed by, the Office of the Director;

Director means – the person who is, or who is acting in the office of, the Director of Public Prosecutions pursuant to the Director of Public Prosecutions Act 1973; or the person who is, or who is acting in the office of, the Director of Public Prosecutions pursuant to the Director of Public Prosecutions Act 1983 of the Commonwealth;

file means file in the registry;

law practice has the same meaning as in the Legal Profession Act 2007;

legal practitioner means an Australian legal practitioner;

legal representative means any legal practitioner or law practice whose name is recorded in the registry under rule 3C as the legal representative of a defendant;

preliminary proceedings order means an order of the Court under section 331B of the Code;

recording apparatus means any electronic, electrical or mechanical device capable of recording sounds or pictures which can be stored and later recalled;

Registrar means the Registrar of the Supreme Court;

registry means the registry of the Court;

victim means – a victim within the meaning of section 81A of the Sentencing Act 1997; and a person allowed to furnish to the Court a written statement under subsection (2A) of that section;

victim impact statement means a statement furnished under section 81A of the Sentencing Act 1997 by a victim of an offence.

This Part applies to a criminal process that is conducted in court and relates to a defendant who is the subject of a committal order or against whom an indictment has been filed.

The purpose of this Part is to – ascertain the plea of a defendant early in proceedings; and eliminate any lapse of time from the committal order to the final determination of a criminal process beyond that reasonably required for its fair and just determination; and enable all such orders to be made as are necessary to ready and expedite the criminal process leading up to the disposition of a matter.

A legal practitioner, or a law practice, who is instructed or briefed to act for a defendant who is the subject of a committal order, must –

file a notice in writing of that fact; and deliver a copy of the notice to the relevant Director –

within 7 days of the committal order or, where instructions or the brief to act have been received after the making of the committal order, within 7 days after receipt of such instructions or brief.

The name of the legal practitioner, or law practice, filed under rule 3B is the legal representative of the defendant.

Any document, notice or proceeding required to be delivered under these rules is to be delivered to or by – the legal representative of the defendant; or the defendant, if he or she is unrepresented.

If a legal representative intends to cease acting for a defendant, the legal representative must – file a notice in writing of that fact; and deliver a copy of the notice to the Director.

On the filing of the notice, the legal representative ceases to be the legal representative of the defendant.

If a defendant has instructed a legal practitioner or law practice to act on his or her behalf but a notice of that fact has not been filed, the practitioner or law practice is taken to be the legal representative of the defendant.

The first appearance in the Court for a defendant following a committal order is to be a directions hearing.

A judge may do one or more of the following:direct that a directions hearing be in court or in chambers; direct that a directions hearing be held by telephone, video link or other means; give directions as to the manner in which such a hearing is to be conducted and the persons who are to attend it.

A directions hearing is to be held in court unless otherwise directed by a judge.

The defendant, his or her legal representative and Crown Counsel must attend the directions hearing and any adjournment of the directions hearing unless otherwise directed by a judge.

The Chief Justice or his or her delegate may issue practice directions from time to time with respect to the conduct of directions hearings.

Where a defendant has been committed for sentence, a judge may do one or more of the following:list the defendant for sentencing; remand the defendant in custody or admit him or her to bail; make any order necessary or convenient to facilitate the matters referred in paragraphs (a) and (b) or to give effect to any relevant law or legislative instrument.

Where a defendant has been committed for trial but an indictment has not been filed with respect to him or her, a judge may do one or more of the following:make a preliminary proceedings order; remand the defendant in custody or admit him or her to bail to appear before the Court or justices on a specified day; adjourn the directions hearing; make any order necessary or convenient to facilitate the matters referred to in paragraphs (a), (b) and (c), to give effect to any relevant law or legislative instrument or to ensure the fair and expeditious conduct of the trial.

Where a defendant has been committed for trial and an indictment has been filed with respect to him or her, a judge may do one or more of the following:take a plea from the defendant; make a preliminary proceedings order; remand the defendant in custody or admit him or her to bail to appear before the Court or justices on a specified day; adjourn the directions hearing; order the delivery by Crown Counsel of written notice identifying the witnesses whom Crown Counsel intends to call at the trial and setting out the evidence proposed to be adduced from each witness; make any order necessary or convenient to facilitate the matters referred to in paragraphs (a), (b), (c), (d) and (e), to give effect to any relevant law or legislative instrument or to ensure the fair and expeditious conduct of the trial.

At a directions hearing, a judge may make such inquiries as he or she considers necessary to achieve the purposes of this Part and to achieve the outcomes listed in subrules (1), (2) and (3).