1.01Object
The object of these Rules is to provide for the practice and procedure for matters in the County Court that are of a criminal, quasi-criminal or related nature.
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The object of these Rules is to provide for the practice and procedure for matters in the County Court that are of a criminal, quasi-criminal or related nature.
These Rules may be cited as the County Court Criminal Procedure Rules 2019 and constitute Chapter III of the Rules of the County Court.
These Rules are made under the Criminal Procedure Act 2009, section 78 of the County Court Act 1958, the Children, Youth and Families Act 2005 and all other enabling powers.
These Rules come into operation on 16 December 2019.
In these Rules—
accused means a person—
who has been committed to the County Court for trial or directed to be tried at the County Court under section 167 of the Criminal Procedure Act 2009; or
in respect of whom a direct indictment has been filed in the County Court;
appellant includes where an appellant is a child under the age of 15 years—
the child's parent; or
in the absence of the parent, the Secretary to the Department of Health and Human Services;
Chapter I means the County Court Civil Procedure Rules 2018[1];
Rule 1.05 def. of DPP inserted by S.R. No. 112/2025 rule 5.
DPP means the Director of Public Prosecutions for Victoria;
Note
For the application of these Rules to the Director of Public Prosecutions for the Commonwealth, see Rule 1.13.
Rule 1.05 def. of eCase inserted by S.R. No. 81/2023 rule 27.
eCase has the same meaning as in Rule 1.13(1) of Chapter I;
legal practitioner—
means the legal practitioner (as defined in section 3 of the Criminal Procedure Act 2009) who acts for the accused; and
does not include a barrister (except where these Rules expressly provide otherwise);
offender means a person who has been sentenced by the Court;
person in default means an offender who has failed to pay a fine or an instalment under an instalment order and includes a director of a body corporate who is the subject of a declaration under section 55(1) of the Sentencing Act 1991.
A failure to comply with these Rules is an irregularity and does not render a proceeding or step taken, or any document, judgment or order in a proceeding a nullity.
The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
Rule 1.06.1 inserted by S.R. No. 112/2025 rule 6.
Where a document for use in the Court is not prepared in accordance with these Rules or any order of the Court—
the Registrar may refuse to accept it for filing without the direction of the Court;
the Court may order that the party responsible shall not be entitled to rely upon it in any manner in the proceeding until a document which is duly prepared is made available.
The Court may direct the Registrar to accept a document for filing.
Where a document for use in the Court contains scandalous, irrelevant or otherwise oppressive material, the Court may order—
that the material be struck out; or
if the document has been filed, that it be taken off the file.
A legal practitioner who commences to act for an accused or an appellant must as soon as possible after commencing so to act—
file with the Registrar a notice in Form 1A; and
serve a copy of the notice on all other parties to the criminal proceeding.
Note
Rule 1.07.1 sets out how paragraph (1) applies in criminal proceedings that come to the County Court on appeal from the Magistrates' Court or the Children's Court, or following a committal proceeding.
A legal practitioner who ceases to act for an accused or an appellant must as soon as possible after so ceasing to act—
file with the Registrar a notice in Form 1B; and
serve a copy of the notice on all other parties to the criminal proceeding.
Note
See also section 249 of the Criminal Procedure Act 2009.
For the purposes of Rule 1.07(1), a legal practitioner who—
acted for an appellant in a criminal proceeding in the Magistrates' Court or the Children's Court; and
continues to act for the appellant when the proceeding comes to the County Court on appeal—
is taken to commence to act for the appellant when the proceeding comes to be in the County Court.
Note
Rule 1.07(1) requires the legal practitioner to file a notice in Form 1A in these circumstances.
For the purposes of Rule 1.07(1), a legal practitioner who—
acted for an accused in a committal proceeding;
filed a notice of appearance in the Magistrates' Court in relation to that proceeding; and
continues to act for the accused when the criminal proceeding comes to be in the County Court following the committal proceeding—
is taken not to commence to act for the accused when the proceeding comes to be in the County Court.
Note
Rule 1.07(1) does not require the legal practitioner to file a notice in Form 1A in these circumstances.
If a party to a proceeding to which these Rules relate intends to make an application and there is no form prescribed by any Rules or by or under any Act for such an application, a general application in Form 1C may be used.
Subject to Rule 6.04(b), a document filed in a proceeding to which these Rules relate is not open for inspection unless the Court or the Registrar so directs.
Note
Rule 6.04(b) makes special provision in relation to documents filed in relation to applications under the Major Crime (Investigative Powers) Act 2004.
Subject to this Rule and Rule 1.09.1, Order 42 of Chapter I applies with any necessary modification to any proceeding to which these Rules relate.
In a proceeding to which these Rules relate a subpoena shall be in accordance with—
Form 1D, for a subpoena to attend to give evidence;
Form 1E, for a subpoena to produce; or
Form 1EA, for a subpoena both to attend to give evidence and to produce.
An addressee need not comply with the requirement of a subpoena to attend to give evidence (a subpoena in Form 1D) or a subpoena both to attend to give evidence and to produce (a subpoena in Form 1EA) unless conduct money has been provided or tendered to the addressee a reasonable time before the day on which attendance is required.
In a proceeding to which these Rules relate, an order fixing a time as described in Rule 42.03(8)(a) of Chapter I shall be in accordance with Form 1I.
Note
Rule 42.03(8) of Chapter I relates to the last date for service of a subpoena. That is ordinarily the date falling 5 days before the earliest date on which an addressee is required to comply with it. However, Rule 42.03(8)(a) provides for the Court to fix a different last date for service of a subpoena.
Rule 1.09(2) amended by S.R. No. 81/2023 rule 28(1).
Leave of the Court is required to view all documents and things returned on a subpoena in any proceeding to which these Rules relate.
A subpoena in a proceeding to which these Rules relate shall be served personally by giving a copy of the subpoena to the person to be served.
Rule 1.09(4) amended by S.R. No. 81/2023 rule 28(2).
The addressee of a subpoena which is in accordance with Form 1E or Form 1EA must complete the declaration by the addressee provided for in the subpoena if leave is granted by the Court or Registrar for physical production of the documents.
Rule 1.09(5) amended by S.R. No. 81/2023 rule 28(3).
The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents physically produced under the subpoena.
Rule 1.09(6) substituted by S.R. No. 81/2023 rule 28(4).
Subject to paragraph (7), the Registrar may, upon the expiry of four months from the conclusion of a proceeding, cause to be destroyed all—
the electronic copies of documents produced in compliance with a subpoena; or
the documents physically produced in response to a subpoena and which were declared by the addressee to be copies.
Rule 1.09(7) substituted by S.R. No. 81/2023 rule 28(4).
The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (6) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.
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