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These Rules constitute Chapter VI of the Rules of the Supreme Court and are entitled the Supreme Court (Criminal Procedure) Rules 2017.
The object of these Rules is to provide certain forms and procedures for matters in the Court under the Crimes Act 1958 and the Criminal Procedure Act 2009 and under other legislation relating to matters of a criminal, quasi-criminal or related nature.
These Rules are made under—
section 25 of the Supreme Court Act 1986;
the Crimes Act 1958;
section 69ZF of the Sentencing Act 1991;
the Criminal Procedure Act 2009;
section 50 of the Interpretation of Legislation Act 1984; and
all other enabling powers.
These Rules come into operation on 1 January 2018.
The Rules set out in Schedule 1 are revoked.
These Rules apply to all matters in the Court whenever commenced—
which relate to the criminal jurisdiction of the Court, whether conferred by an Act or otherwise; and
for which provision relating to the conduct of the matter is made by these Rules.
In these Rules, unless the context or subject matter otherwise requires—
appellant includes applicant for leave to appeal;
Chapter I means Chapter I of the Rules of the Supreme Court;
DPP means the Director of Public Prosecutions for Victoria and includes the Commonwealth Director of Public Prosecutions;
Judicial Registrar-Criminal Division means the judicial registrar assigned by the Chief Justice under section 113C of the Supreme Court Act 1986 to undertake the duties of the Judicial Registrar-Criminal Division in the Trial Division and nominated by the Chief Justice or the Chief Justice's nominee as the person responsible for criminal listings in the Supreme Court;
legal practitioner means the legal practitioner (as defined in section 3 of the Criminal Procedure Act 2009) who acts for the accused and—
where an officer of Victoria Legal Aid so acts, includes such officer;
does not include a barrister, unless these Rules specifically provide otherwise;
Rule 1.05(1) def. of practice note inserted by S.R. No. 73/2019 rule 48.
practice note means any practice note issued from time to time by or on behalf of the Chief Justice;
Rule 1.05(1) def. of RedCrest inserted by S.R. No. 21/2019 rule 4.
RedCrest means the electronic filing system in operation in the Court from time to time;
Registrar means the Registrar of Criminal Appeals and, if the duties and functions of the Registrar of Criminal Appeals are being carried out by an Associate Judge, means that Associate Judge.
In these Rules, a reference to the Judicial Registrar-Criminal Division includes a person assigned to those duties on an acting or temporary basis.
For the purpose of exercising any power or function conferred on the Registrar by or under these Rules, the Registrar—
may constitute the Court of Appeal; and
may exercise the jurisdiction and powers of the Court of Appeal to the extent necessary to exercise those powers or functions.
The Registrar may nominate one or more suitably qualified officers of the Court of Appeal employed under section 106 of the Supreme Court Act 1986 and delegate to such nominated officers the carrying out of the functions and powers of the Registrar in relation to the management of criminal appeals and applications.
An officer referred to in paragraph (2) may exercise the powers and functions of the Registrar in relation to the powers and functions delegated to the officer.
Where circumstances so require, an Associate Judge may hear and determine an application under these Rules instead of the Registrar.
Any period of time fixed by or under these Rules shall be calculated in accordance with this Rule.
If a time of one day or longer is to begin on, or to be calculated from, a day or event, the day or the day of the event shall be excluded.
If a time of one day or longer is to end on, or to be calculated to, a day or event, the day or the day of the event shall be included.
If a period of five days or less would include a day on which the office of the Court is closed, that day shall be excluded.
If the last day for doing any act at the office of the Court is a day on which the office is closed, the act may be done on the next day the office is open.
The Court may extend or abridge any time fixed by or under these Rules.
The Court may extend time under paragraph (1) before or after the time expires whether or not an application for the extension is made before the time expires.
Note
See also sections 247 and 313 of the Criminal Procedure Act 2009 in relation to time under that Act.
In calculating the time fixed by or under these Rules, the period from 24 December to 9 January next following shall be excluded, unless the Court otherwise orders.
Except to the extent that the nature of the document renders compliance impracticable, a document prepared by a party for use in the Court shall be prepared in accordance with Order 27 of Chapter I, other than Rule 27.02.
An affidavit shall be made in the first person and shall be prepared in accordance with Order 43 of Chapter I.
Rule 1.11(1) amended by S.R. No. 21/2019 rule 5(1).
Subject to paragraphs (2) and (5), a document in a proceeding to which these Rules relate is filed by filing it—
Rule 1.11(1)(a) substituted by S.R. No. 21/2019 rule 5(2).
in the office of the Prothonotary, unless the Court otherwise orders or the Judicial Registrar-Criminal Division allows; or
with the proper officer in court.
A document in a proceeding in the Court of Appeal is filed by filing it—
in the office of the Registrar; or
with the proper officer in court.
The person with whom the document is filed shall indorse on it the date and time of filing.
Rule 1.11(4) amended by S.R. No. 21/2019 rule 5(3).
A document filed in a proceeding in accordance with this Rule is not open for inspection unless the Court or the Prothonotary, Deputy Prothonotary or Registrar (as the case requires) so directs.
Rule 1.11(5) inserted by S.R. No. 21/2019 rule 5(4).
Nothing in this Rule applies to a document in a proceeding to which these Rules relate which is required to be filed in RedCrest in accordance with Order 1A.