Supreme Court (Criminal Procedure) Rules 2017

* reveals the identity of the member of the police force who applied for the coercive powers order or puts that member's safety at risk;

*reveals the identity of a person who has been called, or who has appeared, as a witness in an examination conducted under the coercive powers order, or puts that person's safety at risk;

*reveals the identity of a person who has provided a police officer with information relating to an investigation, or puts that person's safety at risk;

*reveals the identity of a person whose name appears in any evidence given or information provided to a police officer relating to an investigation, or puts that person's safety at risk;

*reveals the identity of a person who is or has been the subject of an investigation by a police officer, or puts that person's safety at risk;

*places at risk an ongoing investigation by a police officer; or

*risks the disclosure of any investigative method used by police officers;

*is otherwise not in the public interest [specify].

*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.

THE PROTECTED INFORMATION to which this application relates is: [brief description of type of protected information].

Date:

[Signed by Applicant]

*Delete if not applicable

Form 6–13C—Application for issue of witness summons

Rule 13.06

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

and

IN THE MATTER of an application by A.B. under section 14(3) of the Act for the issue of a witness summons.

Application for issue of witness summons

I, [name], [rank/position] a police officer of [name of station or address of premises at which police officer works] apply under section 14(3) of the Major Crime (Investigative Powers) Act 2004 ("the Act") for the issue of—

*(a) a summons to attend an examination before the Chief Examiner to give evidence;

*(b) a summons to attend at a specified time and place to produce specified documents or other things to the Chief Examiner;

*(c) a summons to attend an examination before the Chief Examiner to give evidence and produce specified documents or other things.

*THIS APPLICATION is made at the same time as an application for the making of a coercive powers order.

*A COERCIVE POWERS ORDER is in force [insert date of making of order and brief description of details of order].

THE PERSON to whom the summons is to be directed is: [insert name]

THE REASON why a summons is needed for the person to whom it is directed is: [insert reason]

THE EVIDENTIARY OR INTELLIGENCE VALUE of the information sought to be obtained from the person to whom the summons is directed is: [indicate evidentiary or intelligence value]

*I SUSPECT that the person to whom the summons is to be directed has a mental impairment.

*I *SUSPECT/*KNOW that the person to whom the summons is to be directed is under the age of 18 years. I *suspect/*know that the person's age is: [insert age].

Date:

[Signed by Applicant]

*Delete if not applicable

Form 6–13D—Application for order under section 18(2) of Major Crime (Investigative Powers) Act 2004

Rule 13.07

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

and

IN THE MATTER of an application by A.B. under section 18(2) of the Act.

Application for order under section 18(2) of the Major Crime (Investigative Powers) Act 2004

I, [name], [rank/position], a police officer of [name of station or address of premises at which police officer works] apply under section 18(2) of the Major Crime (Investigative Powers) Act 2004 ("the Act") for an order that a person held in a prison or police gaol be delivered into my custody for the purpose of bringing the person before the Chief Examiner to give evidence at an examination.

THE PERSON in respect of whom the order is sought is: [insert name and other details e.g. address of prison or police gaol where the person is held]

THE REASON why an order is needed for the person to whom it is directed is: [insert reason]

THE EVIDENTIARY OR INTELLIGENCE VALUE of the information sought to be obtained from the person to whom the order is directed is: [indicate evidentiary or intelligence value]

*I SUSPECT that the person to whom the order is to be directed has a mental impairment.

*I *SUSPECT/*KNOW that the person to whom the order is to be directed is under the age of 18 years. I *suspect/*know that the person's age is: [insert age].

Date:

[Signed by Applicant]

*Delete if not applicable

Form 6–13E—Application for extension of period of notice—confidential document

Rule 13.08

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

and

IN THE MATTER of an application by the *Chief Examiner/*Chief Commissioner of Police, (the applicant), under section 20(8E) of that Act for an extension of the period of notice of a confidential document to protect matters specified in section 20(8F) of the Act.

Application for extension of period of notice confidential document

I, [name], *Chief Examiner/*Chief Commissioner of Police for Victoria, apply under section 20(8E) of the Major Crime (Investigative Powers) Act 2004 for an extension of the 5 year period of a notice that a summons or order is a confidential document.

THE EXTENSION of the period is necessary to protect—

*an investigation that is continuing (whether or not the investigation is, or is related to, the investigation in relation to which the witness summons was issued);

*any proceeding that has been commenced but not finally determined;

*the safety or reputation of a person;

*the fair trial of a person who has or may be charged with an offence.

*THIS APPLICATION is made on the following grounds: [insert reasons and specify grounds for making the application].

*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.

Date:

[Signed by Applicant]

*Delete if not applicable

Form 6–13F—Application to determine legal professional privilege

Rule 13.09

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Major Crime (Investigative Powers) Act 2004

and

IN THE MATTER of an application by the Chief Examiner, the applicant, under section 42 of that Act to determine legal professional privilege.

Application to determine legal professional privilege

I, [name], Chief Examiner, apply under section 42 of the Major Crime (Investigative Powers) Act 2004 for a determination whether or not [describe document or thing] is the subject of legal professional privilege.

*THIS APPLICATION is made on the following grounds: [insert reasons and specify grounds for making the application].

*I RELY upon the acts, facts, matters and circumstances set out in my affidavit made on [date of affidavit] in support of this application.

Date:

Chief Examiner

*Delete if not applicable

Form 6–14A—Application under section 10 of Crimes (Assumed Identities) Act 2004

Rule 14.04(1)

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004

Application under Section 10

I, *[name and rank of applicant], being

*(a) the chief officer of a law enforcement agency;

*(b) a senior officer within the meaning of the Crimes (Assumed Identities) Act 2004 of a law enforcement agency to whom the chief officer referred to in subparagraph (a) has delegated his or her functions under section 34(2) of that Act;

*(c) the corresponding chief officer of a corresponding participating agency within the meaning of the Crimes (Assumed Identities) Act 2004;

APPLY under section 10 of the Crimes (Assumed Identities) Act 2004 for the making of an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or a corresponding authority.

THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application.

Date:

[Signed by Applicant]

*Delete if not applicable

Form 6–14B—Application under section 12 of Crimes (Assumed Identities) Act 2004

Rule 14.04(2)

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004

Application Under SEction 12

I, *[name and rank of applicant], being

*(a) the chief officer of a law enforcement agency;

*(b) a senior officer within the meaning of the Crimes (Assumed Identities) Act 2004 of a law enforcement agency to whom the chief officer referred to in subparagraph (a) has delegated his or her functions under section 34(2) of that Act;

*(c) the corresponding chief officer of a corresponding participating agency within the meaning of the Crimes (Assumed Identities) Act 2004; and

HAVING BEEN the applicant for the order under section 10 of the Crimes (Assumed Identities) Act 2004 in respect of which this cancellation is sought,

APPLY under section 12 of the Crimes (Assumed Identities) Act 2004 for the cancellation of the entry that has been made in the Register under the Births, Deaths and Marriages Registration Act 1996 under section 10 of the Crimes (Assumed Identities) Act 2004 made [insert date of order under section 10 of that Act].

THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application.

Date:

[Signed by Applicant]

*Delete if not applicable

Form 6–14C—Order under section 10 of Crimes (Assumed Identities) Act 2004

Rule 14.06(1)

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004

Order Under section 10

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]

OTHER MATTERS:

THE COURT ORDERS THAT:

1. In accordance with section 10 of the Crimes (Assumed Identities) Act 2004, the Registrar of Births, Deaths and Marriages make an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or corresponding authority within the meaning of the Crimes (Assumed Identities) Act 2004.

The particulars to be entered in the Register are as follows: [state required particulars].

2. The Registrar of Births, Deaths and Marriages give effect to this order within the period of [state period within which order is to be given effect].

[Signature of Judge]

[Name of Judge]

Form 6–14D—Order under section 12 of Crimes (Assumed Identities) Act 2004

Rule 14.06(2)

IN THE SUPREME COURT OF VICTORIA 20 No.

AT

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004

Order under section 12

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]

OTHER MATTERS:

THE COURT ORDERS THAT:

1. The Registrar of Births, Deaths and Marriages cancel the entry that has been made in the Register under the Births, Deaths and Marriages Registration Act 1996 by which the following particulars were entered in that Register by the order under section 10 of the Crimes (Assumed Identities) Act 2004 dated [insert date of order and particulars which were to be entered in the Register under that order].

2. The Registrar of Births, Deaths and Marriages give effect to this order within 28 days after the date this order is made.

[Signature of Judge]

[Name of Judge]

Form 6–15A—Identity crime certificate

Rule 15.01

IN THE SUPREME COURT

OF VICTORIA

AT

IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate

Identity crime certificate

The Supreme Court issues this identity crime certificate under section 89F of the Sentencing Act 1991.

On [date] the Court found [name of offender] guilty of an identity crime offence.

1. The identity crime offence to which this certificate relates is [specify identity crime offence and date of the offence].

2. The name of the victim of the identity crime offence is [name of victim].

*3. The Court considers the following other matters are relevant: [specify any other relevant matters, for example, address of victim, gender, date of birth]

Date:

[Signature of Judge]

*Delete if not applicable

Form 6–15B—Notice to appear under section 89H of Sentencing Act 1991

Rule 15.02

IN THE SUPREME COURT

OF VICTORIA

AT

IN THE MATTER of an application under section 89F of the Sentencing Act 1991 for an identity crime certificate

Notice to appear under section 89H of the Sentencing Act 1991

TO: [name and address of person who prosecuted the identity crime offence which is the subject of the application]

TAKE NOTICE THAT you are directed to appear at the hearing of the application to provide assistance to the Court in relation to the application.

PARTICULARS:

1. Date of hearing:

2. Place of hearing: [address of Court]

3. The identity crime offence to which this application relates is: [specify identity crime offence]

4. The name of the victim of the identity crime offence is: [name of victim]

5. The Court found [name of offender] guilty of the identity crime offence on [date]

*6. Other relevant matters are: [specify any other relevant matters]

*7. You may appoint another person to appear on your behalf at the hearing. If you wish to do so, specify the name and contact details of that person.

Date:

[Signature]

*Delete if not applicable

Form 6–16A—Notice of application for suppression order

Rule 16.02

IN THE SUPREME COURT OF VICTORIA

AT

IN THE MATTER OF:

Notice of application for suppression order

To: The Supreme Court of Victoria at [appropriate email address]

And to: [identify other proposed recipients of the notice]

[Applicant] gives notice of the making of an application for a suppression order under the Open Courts Act 2013 in this proceeding.

*The application is the subject of an application filed on [date] returnable before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].

OR

*The applicant proposes to make the application orally before [identify relevant judicial officer] in [identify relevant court room] at [time] on [date].

The application is for an order in the following terms:

[Set out the proposed wording of the order to be sought].

The applicant proposes to rely upon [insert brief description of material to be relied upon]

For further information, please contact:

[Name of applicant or applicant's representative for enquiries]

Tel: [insert number]

Mobile No.: [insert number]

Email:

*Delete if not applicable.