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These Rules constitute Chapter III of the Rules of the Magistrates' Court and are titled the Magistrates' Court Criminal Procedure Rules 2019.
The object of these Rules is to provide for practice and procedure in all criminal proceedings in the Magistrates' Court of Victoria.
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.
These Rules come into operation on 13 December 2019.
The Rules set out in Schedule 1 are revoked.
The overriding objective of these Rules is to enable the Court to secure the just and timely determination of every criminal proceeding.
Dealing with a case in a just and timely manner includes, so far as is practicable, the following—
ensuring simplicity in procedure, fairness in administration and the elimination of unnecessary delay;
efficiently determining all the issues in the case;
ensuring an appropriate allocation of the Court's resources, while taking into account the needs of other cases.
The Court, where practicable, must further the overriding objective by actively case managing criminal proceedings to—
promote the early resolution of summary proceedings; and
facilitate accurate and early disclosure of the prosecution case once a proceeding is commenced; and
encourage parties to discuss issues in dispute relating to disclosure and negotiate outcomes; and
decide the order in which the issues are to be resolved; and
fix timetables or otherwise manage the progress of the case; and
make use of technology to further the overriding objective; and
give directions to ensure that the hearing of a case proceeds in a timely and efficient manner.
In exercising any power under these Rules or interpreting any Rule the Court must seek to give effect to the overriding objective.
The parties are required to assist the Court to further the overriding objective and to ensure that cases are dealt with fairly and expeditiously.
For the purposes of paragraph (5) the parties are required to assist the Court to minimise delay between the date of commencement of proceedings and their final determination, other than as required to identify the factual and legal issues genuinely in dispute, and for sentencing purposes.
In these Rules—
Rule 6 def. of CMS inserted by S.R. No. 78/2026 rule 5(a).
CMS means the computer system in operation in the Court from time to time which, among other things—
deals with process; and
issues documents; and
stores and retrieves documents and information;
Example
Process and court orders.
Rule 6 def. of Crown Prosecutor inserted by S.R. No. 78/2026 rule 5(a).
Crown Prosecutor has the same meaning as in section 3 of the Criminal Procedure Act 2009;
Rule 6 def. of DPP inserted by S.R. No. 78/2026 rule 5(a).
DPP has the same meaning as in section 3 of the Criminal Procedure Act 2009;
Rule 6 def. of electronic commun-ication inserted by S.R. No. 78/2026 rule 5(a).
electronic communication has the same meaning as in the Electronic Transactions (Victoria) Act 2000;
Rule 6 def. of Electronic Filing Appearance System inserted by S.R. No. 101/2022 rule 5, revoked by S.R. No. 78/2026 rule 5(b).
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Rule 6 def. of endorse revoked by S.R. No. 78/2026 rule 5(b).
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family violence criminal proceeding means a criminal proceeding for an offence arising out of an act of family violence;
Rule 6 def. of file electronically inserted by S.R. No. 78/2026 rule 5(a).
file electronically means any of the following—
inputting data or lodging a document into CMS in accordance with the requirements of CMS;
sending a document by electronic communication for—
lodging into CMS in accordance with the requirements of CMS; or
storing in another computer storage and retrieval system in operation in the Court from time to time;
Rule 6 def. of informant inserted by S.R. No. 78/2026 rule 5(a).
informant has the same meaning as in section 3 of the Criminal Procedure Act 2009;
process has the same meaning as it has in section 3(1) of the Magistrates' Court Act 1989;
register means the register of all the orders of the Court and other matters kept under section 18 of the Magistrates' Court Act 1989;
Rule 6 def. of registrar amended by S.R. No. 78/2026 rule 5(c).
registrar means a registrar of the Magistrates' Court;
Rule 6 def. of Roads Corporation revoked by S.R. No. 78/2026 rule 5(b).
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the Court means the Magistrates' Court of Victoria.
The proper officers of the Court are—
for the purposes of Part 3B of the Sentencing Act 1991—all registrars and deputy registrars; and
for the purposes of sections 72(4)(b) and 75(4)(b) of the Sentencing Act 1991—all registrars; and
for the purposes of section 83AJ(3) of the Sentencing Act 1991—all registrars; and
Rule 7(d) amended by S.R. No. 5/2022 rule 4(a).
for the purposes of section 173(7) of the Serious Offenders Act 2018—all registrars; and
Rule 7(e) inserted by S.R. No. 5/2022 rule 4(b).
for the purposes of section 175(4) of the Serious Offenders Act 2018—all registrars.
These Rules apply to every criminal proceeding in the Court whether commenced before, on or after the commencement of these Rules, except where otherwise provided by any other Act or regulation or these Rules.
The Court may make any orders necessary to give effect to the operation of these Rules in relation to a proceeding commenced on or before the commencement of these Rules.
In exercising any power under these Rules, the Court may give any direction or impose any terms it thinks fit.
The Court may exercise any power under these Rules—
of its own motion; or
on the application of—
a party; or
any person having a sufficient interest in the proceeding.
If these Rules do not make provision or sufficient provision for a matter, the Court may give any directions or rulings about the matter that the Court considers appropriate.
Non-compliance with a Rule does not invalidate a proceeding, unless the Court directs or orders otherwise.
The Court may dispense with compliance with any of these Rules, either before or after the occasion for compliance arises.
In addition to paragraph (2), the Court may—
set aside all or part of the proceeding; or
make any other order it considers appropriate.
A document other than a form prescribed by these Rules prepared by a party for use in the Court must be prepared in accordance with this Rule.
A document must—
be headed "In the Magistrates' Court of Victoria at" stating the venue of the Court in which the proceeding is to be heard and determined; and
show any identifying number assigned by the Court to the proceeding.
A document must contain on the front sheet—
the title of the proceeding and any identifying number; and
a short description of the document; and
the name of the party on whose behalf it is filed; and
Rule 10(3)(d) amended by S.R. No. 129/2023 rule 5.
if a legal practitioner prepares the document, the name, address, email address, telephone number, name of the legal practitioner's firm, code reference of the legal practitioner's firm and the legal practitioner's reference; and
if the party on whose behalf the document is filed acts without a legal practitioner, the name, address, email address and telephone number of the party.
The text of a document must be clear, sharp, legible and permanent.
A document must not bear any erasure or alteration that causes material disfigurement.
The Court may require any document in a proceeding to be prepared in any manner it thinks fit.
Dates, amounts and other numbers must be expressed in figures and not in words.
Rule 10A inserted by S.R. No. 78/2026 rule 6.
Subject to any Court order to the contrary, a document filed in the Court by any of the following persons must be filed electronically—
a Crown Prosecutor;
the DPP;
an informant;
a legal practitioner.
Rule 11 (Heading) amended by S.R. No. 78/2026 rule 7(1).
Rule 11 amended by S.R. No. 78/2026 rule 7(2).
Any document filed with the Court that is not filed electronically shall be stamped by a registrar with the date and venue of the Court.
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