Application for a rehearing
Form 18 Application for a rehearing
Rule 35
Application for a Rehearing
(Section 88 of the Criminal Procedure Act 2009)
Informant's name: Date of birth:
Agency: Licence No.:
Accused's name: Telephone:
Address: Postcode:
Email address:
THIS APPLICATION WAS FILED BY: *THE ACCUSED/*THE INFORMANT ON BEHALF OF THE ACCUSED
On [date] the Magistrates' Court at [venue] found the accused
guilty of
and ordered:
The order was made in the absence of the accused. The reason for the accused's non-attendance was:
[specify reasons]
The charge-sheet was served 🞏 personally 🞏 by post 🞏 other
On [date] the accused intends to apply to the Magistrates' Court at [venue] for an order that the sentencing be set aside and the charge to be reheard.
Signature of applicant:
Date:
APPLICATION FOR STAY OF ORDER (If the order affected the driver's licence)
On [date] the accused intends to apply to the Magistrates' Court at [venue] for an order that the order affecting the driver's licence be stayed and that the licence holder be allowed to drive until the decision of the re-hearing.
Signature of applicant:
Date:
NOTES FOR INFORMATION
If the application is made by the accused:
1. Within 7 days of lodging the application, you must serve a copy of the application on the person who charged you. This is done—
by giving a copy of the application to the informant or a person representing the informant at a hearing in relation to the charge; or
by sending a copy of the application by prepaid ordinary post addressed to the informant at the business address nominated by the informant; or
by sending a copy of the application by email addressed to the informant at the email address nominated by the informant; or
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
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.
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