Supreme Court (Chapter VI Amendment No. 6) Rules …FILE/11-006sr.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01 S.R. No. 6/2011 Supreme Court (Chapter VI Amendment

Supreme Court (Chapter VI Amendment No. 6) Rules 2011

S.R. No. 6/2011

TABLE OF PROVISIONSRule Page

1 Object 12 Authorising provisions 13 Commencement 14 Principal Rules 15 Definitions 26 Registrar of Criminal Appeals references 27 Notices to be signed 28 Definitions—Order 2 29 Single judge 210 Rule 2.03 substituted 2

2.03 Jurisdiction and powers exercisable by two Judges of Appeal 2

11 Rules 2.05 to 2.09.2 substituted 32.05 Application for leave to appeal against conviction or

sentence 32.06 Application may be determined by single Judge of

Appeal 42.07 Procedure for determination of application by single

Judge of Appeal 52.08 Procedure for renewal of application 62.09 Powers of determination 72.09.1 Application may be treated as appeal 82.09.2 No notice of appeal when leave is granted 8

12 Full statement of grounds 813 Outline of submissions 814 Rule 2.12 substituted 8

2.12 Unrepresented appellant 815 Rule 2.13 substituted 9

2.13 Registrar may vacate hearing date or refer for dismissal 916 Rule 2.14 substituted 9

2.14. Transitional provisions—Supreme Court (Chapter VI Amendment No. 6) Rules 2011 9

1

17 Rule 2.15 substituted 102.15 Crown appeals 10

18 Applicant to file affidavit 1119 Commencement of appeal—Part 5 of Order 2 1120 Extension of time before Registrar 1121 Rule 2.24 substituted 12

2.24 Extension of time—application under section 313(2) 1222 Application under section 315—refusal of Judge of Appeal

to exercise powers 1223 Reference on petition of mercy 1324 Time 1325 Pre-hearing conference 1326 Transcript of trial 1327 Preservation of exhibits 1428 Copies of transcript, exhibits etc. and return of exhibits 1429 Certificate of conviction 1430 Attendance of appellant 1431 Written case and argument 1432 Bail 1533 Rule 2.39 substituted 15

2.39 Registrar to notify determination 1534 Abandonment 1535 Report from trial judge 1536 Duties of prison officers 1637 Forms 6–2A to 6–2C substituted 17

Form 6–2A—Notice of Application for Leave to Appeal against Conviction 17

Form 6–2B—Notice of Application for Leave to Appeal against Sentence 20

Form 6–2C—Notice of Application for Leave to Appeal against Sentence Imposed by County Court on Appeal from Magistrates' Court under Section 283 of the Criminal Procedure Act 2009 23

38 Form 6–2D amended 2539 New Forms 6–2DA to 6–2DC inserted 25

Form 6–2DA—Notification to Appellant of Single Judge's Decision to Grant Leave to Appeal or Refer Application to at Least Two Judges of Appeal 25

Form 6–2DB—Notification to Appellant of Single Judge's Decision to Grant Leave to Appeal on Some Grounds and Refuse Leave on Other Grounds or to Refuse Leave to Appeal 27

Form 6–2DC—Notification to Appellant of Court of Appeal Decision on Renewed Application 29

40 Other amendments to Forms 30═══════════════

ENDNOTES 32

STATUTORY RULES 2011

S.R. No. 6/2011

Supreme Court Act 1986Criminal Procedure Act 2009


The Judges of the Supreme Court make the following Rules:

1 Object

The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court—

(a) to allow for applications for leave to appeal against conviction or sentence to be determined without oral hearing; and

(b) to enhance management of applications for leave to appeal and appeals against conviction or sentence.

2 Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 419 of the Criminal Procedure Act 2009 and all other enabling powers.

3 Commencement

These Rules come into operation on 28 February 2011.

4 Principal Rules

In these Rules, the Supreme Court (Criminal Procedure) Rules 20081 are called the Principal Rules.

1

5 Definitions

In Rule 1.05 of the Principal Rules insert the following definitions—

"appellant includes applicant for leave to appeal;

DPP means the Director of Public Prosecutions for Victoria and includes the Commonwealth Director of Public Prosecutions;".

6 Registrar of Criminal Appeals references

(1) Rule 1.06(1) of the Principal Rules is revoked.

(2) In Rule 1.11(2)(a) of the Principal Rules omit "of Criminal Appeals".

(3) In Rule 1.13(3) of the Principal Rules omit "of Criminal Appeals".

7 Notices to be signed

In Rule 1.17 of the Principal Rules omit "or applicant" wherever occurring.

8 Definitions—Order 2

In Rule 2.01(2) of the Principal Rules, in the definition of Crown appeal omit "under section 287 or 291 of the Act".

9 Single judge

In Rule 2.02 of the Principal Rules omit "2.10(4), 2.13(3),".

10 Rule 2.03 substituted

For Rule 2.03 of the Principal Rules substitute—

"2.03 Jurisdiction and powers exercisable by two Judges of Appeal

(1) Two Judges of Appeal may constitute, and may exercise all the jurisdiction and powers

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of, the Court of Appeal in appeals from the County Court under Divisions 2 and 4 of Part 6.3 of Chapter 6 of the Act.Note

See Order 3 for interlocutory appeals under the Criminal Procedure Act 2009.

(2) Two Judges of Appeal may constitute, and may exercise all the jurisdiction and powers of, the Court of Appeal to dismiss an appeal or an application for leave to appeal—

(a) for noncompliance with this Order; or

(b) if it is otherwise appropriate to do so.

(3) Two Judges of Appeal may make any order or give any direction incidental or ancillary to the exercise by them of the jurisdiction and powers of the Court of Appeal.".

11 Rules 2.05 to 2.09.2 substituted

For Rules 2.05 to 2.09 of the Principal Rules substitute—

"2.05 Application for leave to appeal against conviction or sentence

(1) An application for leave to appeal against conviction under section 274 of the Act is commenced by filing with the Registrar a notice of application for leave to appeal in Form 6–2A.Note

Section 275(1) of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced, subject to any extension under section 313 of the Act.

(2) An application for leave to appeal against sentence under section 278 of the Act is commenced by filing with the Registrar a

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notice of application for leave to appeal in Form 6–2B.Note

Section 279(1) of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced, subject to any extension under section 313 of the Act.

(3) An application for leave to appeal against sentence under section 283 of the Act is commenced by filing with the Registrar a notice of application for leave to appeal in Form 6–2C.Note

Section 284 of the Act requires the notice of application for leave to appeal to be filed within 28 days after the day on which the person is sentenced by the County Court, subject to any extension under section 313 of the Act.

(4) A notice of application for leave to appeal shall—

(a) state each ground of appeal specifically and concisely, and not merely in general terms; and

(b) be accompanied by a written case in support of the application in accordance with any applicable Practice Direction.

2.06 Application may be determined by single Judge of Appeal

An application for leave to appeal against conviction or sentence may be determined by the Court of Appeal constituted by either—

(a) a single Judge of Appeal in accordance with section 315 of the Act; or

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(b) two or more Judges of Appeal in accordance with section 11 of the Supreme Court Act 1986.

2.07 Procedure for determination of application by single Judge of Appeal

(1) An application for leave to appeal may be determined by a single Judge of Appeal in accordance with this Rule.

(2) Subject to paragraphs (4) and (5), a single Judge of Appeal may without an oral hearing—

(a) determine an application for leave to appeal and—

(i) grant leave to appeal;

(ii) grant leave to appeal on some grounds of appeal and refuse leave to appeal on other grounds of appeal;

(iii) refuse leave to appeal; or

(b) refer the application for leave to appeal for determination by the Court of Appeal comprising two or more Judges of Appeal of whom the referring Judge of Appeal may be one.

(3) If a single Judge of Appeal determines an application for leave to appeal without an oral hearing and makes an order—

(a) of a kind referred to in paragraph (2)(a)(i) or (2)(b), the Registrar shall notify the appellant in Form 6–2DA; or

(b) of a kind referred to in paragraph (2)(a)(ii) or (2)(a)(iii), the Registrar shall notify the appellant in Form 6–2DB.

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(4) An appellant—

(a) may request an oral hearing of the application by completing the Oral Hearing Option section of the notice of application for leave to appeal; and

(b) if an oral hearing is requested, must confirm that request in writing to the Registrar, in accordance with any applicable Practice Direction.

(5) If an appellant requests an oral hearing and confirms that request in accordance with paragraph (4), the application shall not be determined without an oral hearing.

2.08 Procedure for renewal of application

(1) An application for leave to appeal may be renewed in accordance with this Rule.

(2) Where the Registrar has notified an appellant that leave to appeal has been refused in whole or in part, the appellant may elect under section 315 of the Act to renew the application for leave to appeal by completing and returning to the Registrar within 10 days of that notification an election form as contained in Form 6–2DB.

(3) Subject to paragraphs (5) and (6), the renewed application shall be considered by the Court of Appeal comprising at least two Judges of Appeal who may, without an oral hearing—

(a) grant leave to appeal;

(b) grant leave to appeal on some grounds of appeal and refuse leave to appeal on other grounds of appeal;

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(c) refuse leave to appeal; or

(d) refer the application for determination by the Court of Appeal comprising not fewer than three Judges of Appeal, who may include either or both of the referring judges.

(4) If the Court of Appeal makes an order of the kind referred to in paragraph (3), the Registrar shall notify the appellant in Form 6–2DC.

(5) An appellant who elects to renew an application for leave to appeal—

(a) may request an oral hearing of the application by completing the Oral Hearing Option section of the election form in Form 6–2DC; and

(b) if an oral hearing of the application is requested, must confirm that request in writing to the Registrar, in accordance with any applicable Practice Direction.

(6) If an appellant requests an oral hearing of the application and confirms that request in accordance with paragraph (5), the renewed application shall not be determined without an oral hearing.

2.09 Powers of determination

(1) If an application is referred to the Court of Appeal under Rule 2.07(2)(b) or 2.08(3)(d), the Court of Appeal, however constituted, may exercise any powers set out in Rules 2.06, 2.07 and 2.08.

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(2) If an appellant makes an initial request for an oral hearing of an application and confirms that request in writing to the Registrar in accordance with any applicable Practice Direction, that request must be complied with in determining any application referred under Rule 2.07(2)(b) or 2.08(3)(d).

2.09.1 Application may be treated as appeal

Subject to this Order, the Court of Appeal may treat the hearing of the application as the hearing of the appeal.

2.09.2 No notice of appeal when leave is granted

If the Court of Appeal gives leave to appeal, the notice of application for leave to appeal is sufficient notice of appeal.".

12 Full statement of grounds

Rule 2.10 of the Principal Rules is revoked.

13 Outline of submissions




"2.12 Unrepresented appellant

If an appellant is unrepresented a document may be served by the appellant by delivering to the Registrar at the time of filing an extra copy of the document marked for service upon the respondent.".

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"2.13 Registrar may vacate hearing date or refer for dismissal

(1) If the Registrar is satisfied that an appellant has not complied with the requirements of this Order or that it is otherwise appropriate to do so, the Registrar may—

(a) vacate any hearing date set for the application or appeal; or

(b) refer the application or appeal to be dismissed in accordance with Rule 2.03(2).

(2) Paragraph (1) is not to be taken to limit any other powers of the Registrar.

(3) The Registrar shall notify the appellant in writing of the decision under paragraph (1).".



"2.14. Transitional provisions—Supreme Court (Chapter VI Amendment No. 6) Rules 2011

(1) Subject to any direction of the Registrar or the Court, these Rules as in force on and from 28 February 2011 apply to any application for leave to appeal or any appeal commenced but not determined before 28 February 2011.

(2) The Court of Appeal may reinstate any appeal or application for leave to appeal which stood dismissed under Rule 2.13 as in force immediately before 28 February 2011 in accordance with that Rule as if it had not been substituted by the Supreme Court

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(Chapter VI Amendment No. 6) Rules 2011.".



"2.15 Crown appeals

(1) A notice of appeal by the DPP shall—

(a) be filed with the Registrar;

(b) state each ground of appeal specifically and concisely and not merely in general terms; and

(c) be accompanied by a written case in support of the appeal in accordance with any applicable Practice Direction.

Note

Section 288(1) of the Act requires the notice of appeal to be filed within 28 days after the day on which the sentence is imposed, subject to any extension under section 313 of the Act.

(2) The DPP shall serve the written case on the respondent at the time of service of the notice of appeal.Note

Section 288(3) of the Act requires a notice of appeal against a sentence imposed by an originating court to be served on the respondent within seven days after the day on which the notice is filed.

Section 292(3) of the Act requires a notice of appeal for failure to fulfil an undertaking to be served on the respondent within 14 days after the day on which the notice is filed.

(3) Within seven days after serving on the respondent the notice of appeal and written case, the DPP shall file an affidavit of service.

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(4) Within one month after service of the documents referred to in paragraph (2), the respondent may file and serve a written case which must comply with any applicable Practice Direction.

(5) The notice of appeal may be amended only with leave of the Court of Appeal.".

18 Applicant to file affidavit

In Rule 2.17 of the Principal Rules omit "to reserve a question of law" wherever occurring.

19 Commencement of appeal—Part 5 of Order 2

(1) In Rule 2.18(2) of the Principal Rules for "briefly the grounds on which it is sought to appeal" substitute "each ground of appeal specifically and concisely and not merely in general terms".

(1) In Rule 2.19(2) of the Principal Rules for "briefly the grounds on which it is sought to appeal" substitute "each ground of appeal specifically and concisely and not merely in general terms".

20 Extension of time before Registrar

In Rule 2.23 of the Principal Rules—

(a) in paragraph (2) omit "Registrar's";

(b) in paragraph (3)(a) omit "of his or her decision";

(c) in paragraph (4)—

(i) for "shall" substitute "may, if the material has not already been served,";

(ii) omit "affidavit or" where secondly occurring.

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"2.24 Extension of time—application under section 313(2)

(1) An election under Rule 2.23(3) shall be by notice in Form 6–2J, a copy of which the Registrar shall forward to the applicant when notification is given under Rule 2.23(3).

(2) The applicant must return the notice under paragraph (1) to the Registrar within 10 days after receiving it.

(3) If a notice is returned to the Registrar in accordance with paragraph (2), the Registrar shall notify the applicant in writing—

(a) that the notice has been received; and

(b) when appropriate, the day fixed for the hearing.".

22 Application under section 315—refusal of Judge of Appeal to exercise powers

(1) In Rule 2.25(1)(b) of the Principal Rules for "three" substitute "at least two".

(2) In Rule 2.25(2) of the Principal Rules after "modification)" insert "a copy of".

(3) In Rule 2.25(4)(b) of the Principal Rules omit "by the Court of Appeal".

(4) In Rule 2.25(5)(a) of the Principal Rules omit "by order of the Judge of Appeal,".

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23 Reference on petition of mercy

(1) In Rule 2.26(1) of the Principal Rules omit "from the Court of Appeal".

(2) For Rule 2.26(2) of the Principal Rules substitute—

"(2) Unless otherwise directed by the Court of Appeal, the petition shall stand in place of a notice of appeal.".

24 Time

In Rule 2.27(3) of the Principal Rules after "Appeal" insert "or the Registrar".

25 Pre-hearing conference



"(2) The Registrar may conduct such pre-hearing conferences and give such directions with respect to the preparation for hearing of an application for leave to appeal or an appeal as the Registrar thinks appropriate for the effective, complete and prompt disposal of the proceeding.".

26 Transcript of trial

(1) In Rule 2.31(1) of the Principal Rules—

(a) after "or notice of application" insert "for leave";

(b) after "transcript" insert "in unrevised form".


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27 Preservation of exhibits


(a) omit "tendered at the trial";

(b) in paragraph (b) for "21" substitute "60".

(2) In Rule 2.32(3) of the Principal Rules for "21" substitute "60".

28 Copies of transcript, exhibits etc. and return of exhibits

(1) In Rule 2.33 of the Principal Rules for "At any time after the pre-hearing conference, the" substitute "The".

(2) In Rule 2.34(3) of the Principal Rules omit "when an appeal is finally determined".

29 Certificate of conviction

In Rule 2.35(1)(b) of the Principal Rules for "dismissal of the application" substitute "refusal of leave to appeal".

30 Attendance of appellant

For Rule 2.36(1) of the Principal Rules substitute—

"(1) The appellant is entitled to attend the hearing of an appeal or an application for leave to appeal unless the Court of Appeal or a Judge of Appeal directs otherwise or these Rules otherwise provide.".

31 Written case and argument


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32 Bail

In Rule 2.38(1) of the Principal Rules omit "pending the appeal".



"2.39 Registrar to notify determination

(1) Upon the determination of an appeal or of any matter under section 315 of the Act, the Registrar shall give notice of the result in Form 6–2M to—

(a) the appellant;

(b) the DPP;

(c) the governor of the prison (if any) in which the appellant is imprisoned;

(d) the Secretary to the Department of Justice; and

(e) the officer of the originating court.

(2) The Registrar shall also notify the officer of the originating court of any additional orders or directions made or given by the Court of Appeal.".

34 Abandonment

Rule 2.41(2) of the Principal Rules is revoked.

35 Report from trial judge

For Rule 2.42(3) of the Principal Rules substitute—

"(3) Where amended grounds of appeal are filed after a report has been required, the Registrar shall as soon as practicable send the trial judge a copy of the amended grounds and the written case, if amended.

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(4) The Court of Appeal may determine an appeal without a report from a trial judge if it thinks it is appropriate to do so.".

36 Duties of prison officers


(a) in paragraph (c) omit "conviction and";

(b) in paragraph (d) for "conviction and sentence." substitute "sentence;";

(c) after paragraph (d) insert—

"(e) applications for leave to appeal are determined without an oral hearing unless the person requests an oral hearing and confirms that request in writing to the Registrar, in accordance with any applicable Practice Direction.".

(2) In Rule 2.53(2)(a) of the Principal Rules after "otherwise ordered" insert "or the application is determined without an oral hearing".


"(4) A prison officer who has custody of a convicted person shall give that person upon request the appropriate forms under these Rules.".

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37 Forms 6–2A to 6–2C substituted

For Forms 6–2A to 6–2C of the Principal Rules substitute—

"Rule 2.05(1) FORM 6–2A

IN THE SUPREME COURT OF VICTORIA 20 No.AT

The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION

To the Registrar of Criminal Appeals:

I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence].

I WISH TO APPEAL to the Court of Appeal under section 274 of the Criminal Procedure Act 2009 against my conviction (particulars of which are set out below).

TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against my conviction on the ground(s): [state specifically and concisely and not merely in general terms each ground on which you intend to appeal against conviction].

Date:

[Signed by Appellant or legal practitioner on behalf of Appellant]

*[If signed by legal practitioner] The name and address for service are as follows: [insert details]

PARTICULARS

1. Appellant's name:

2. Offence for which convicted and in relation to which it is sought to appeal:

3. Convicted at: [place and court]

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4. Trial Judge:

5. Date of conviction:

6. Sentence:

7. Date of sentence:

8. Name and address of legal practitioner who represented appellant at trial:

9. Name of counsel (if any) who represented appellant at trial:

WRITTEN CASE MUST BE ATTACHED

1. This application for leave to appeal must be accompanied by a written case in support of the application.

2. A written case must comply with the requirements of any applicable practice direction. Practice directions may be viewed at, and downloaded from, the website of the Supreme Court of Victoria at www.supremecourt.vic.gov.au.

ORAL HEARING OPTION

I wish to have an oral hearing of my application

*I will be represented at the oral hearing by: Counsel

Solicitor

Myself

[please tick appropriate boxes]

I *wish/*do not wish to be present personally at the oral hearing.

I *wish/*do not wish to appear by audio visual link at the oral hearing.

Date:

[Signed by appellantor legal practitioner on behalf of appellant]

NOTES TO APPELLANT—ORAL HEARING OPTION:

1. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal by a single Judge of Appeal without an oral hearing. Consequently, unless you request an oral hearing, a single Judge of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing.

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http://www.supremecourt.vic.gov.au/

2. You may, however, request an oral hearing of your application by completing this section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.

3. You must attach your written case in support of your application whether or not you request an oral hearing.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

* Delete if not applicable

__________________

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Rule 2.05(2) FORM 6–2B


The Queen

v.

A.B.

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE


I, [full name] am convicted of the offence of [description of offence] and I am *a prisoner at [place]/*living at [place of residence].

I WISH TO APPEAL to the Court of Appeal under section 278 of the Criminal Procedure Act 2009 against my sentence (particulars of which are set out below).

TAKE NOTICE that I apply to the Court of Appeal for leave to appeal against my sentence on the ground(s): [state specifically and concisely and not merely in general terms each ground on which you intend to appeal against sentence].

Date:

[Signed by Appellant or legal practitioner on behalf of Appellant]

*[If signed by legal practitioner] The name and address for service are as follows: [insert details]

PARTICULARS

1. Appellant's name:


3. Convicted at: [place and court]

4. Sentencing Judge:

5. Date of conviction:

6. Sentence:

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7. Date of sentence:

8. Name and address of legal practitioner who represented appellant at trial:

9. Name of counsel (if any) who represented appellant at trial:




ORAL HEARING OPTION



Solicitor

Myself




Date:

[Signed by appellant or legal practitioner on behalf of appellant]


1. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal by a single Judge of Appeal without an oral hearing. Consequently, unless you request an oral hearing a single Judge of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing.



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IMPORTANT NOTE:

You should be aware that the Court of Appeal has the power under the Criminal Procedure Act 2009 to impose a sentence which is more or less severe than the sentence which is appealed against.

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––


__________________

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Rules 2.05(3), 2.54 FORM 6–2C


BETWEEN A.B. Appellant

and

C.D. Respondent

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE IMPOSED BY COUNTY COURT ON APPEAL FROM

MAGISTRATES' COURT UNDER SECTION 283 OF THE CRIMINAL PROCEDURE ACT 2009


I, [full name], am convicted of the offence of [description of offence] and I am a prisoner at [name of prison].

TAKE NOTICE THAT I APPLY to the Court of Appeal under section 283 of the Criminal Procedure Act 2009 for leave to appeal to the Court of Appeal against the sentence of [details of sentence] passed upon me by the County Court.

The grounds on which I apply are:

[state specifically and concisely and not merely in general terms each ground on which you intend to appeal].

PARTICULARS

1. Name of appellant:


3. Originally convicted at the Magistrates' Court at [place of Court] and sentenced to [sentence or other order imposed by the Magistrates' Court];

4. Sentence substituted by County Court:

5. Sentencing Judge:

6. Date sentence of County Court imposed:

Date:

[Signed by Appellant]

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ORAL HEARING OPTION



Solicitor

Myself




Date:



1. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal by a single Judge of Appeal without an oral hearing. Consequently, unless you request an oral hearing, a single Judge of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing.



__________________".

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38 Form 6–2D amended

In Form 6–2D of the Principal Rules—

(a) for "Rules 2.13, 2.25" substitute "Rule 2.25";

(b) for "by three judges" substitute "by at least two judges".

39 New Forms 6–2DA to 6–2DC inserted

After Form 6–2D of the Principal Rules insert—"Rule 2.07(3)(a)

FORM 6–2DA

[heading as in Form 6–2A]

NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S DECISION TO GRANT LEAVE TO APPEAL OR REFER APPLICATION TO AT

LEAST TWO JUDGES OF APPEAL

To: [name of appellant]

I NOTIFY YOU that after consideration of your application for leave to appeal against *conviction/*sentence, the Court of Appeal constituted by a single Judge of Appeal:

*has granted leave to appeal.

*has referred the application for leave to appeal to the Court of Appeal comprising at least two Judges of Appeal.

The *appeal/*application for leave to appeal:

*is listed to be heard at [place] on [date and time].

*will be listed to be heard on a date and at a time which will be notified to you.

Date:

[Signed by Registrar]

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NOTE, if your application for leave to appeal has been referred, the following notes apply:

1. The Court of Appeal comprising at least two Judges of Appeal may treat an application for leave to appeal as the appeal itself.

2. Unless you request an oral hearing of the application for leave to appeal, the Court of Appeal may determine the application for leave to appeal on the basis of your grounds of appeal and accompanying written case without an oral hearing.

3. You may, however, request an oral hearing by completing the following section of this Form and return it to me within 10 DAYS after you receive this notification. This request must be confirmed to me in writing in accordance with any applicable Practice Direction.

ORAL HEARING OPTION



Solicitor

Myself




Date:


IMPORTANT NOTE:



__________________

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Rule 2.07(3)(b)

FORM 6–2DB


NOTIFICATION TO APPELLANT OF SINGLE JUDGE'S DECISION TO GRANT LEAVE TO APPEAL ON SOME GROUNDS AND

REFUSE LEAVE ON OTHER GROUNDS OR TO REFUSE LEAVE TO APPEAL


I NOTIFY YOU that after consideration of your application for leave to appeal against *conviction/*sentence, the Court of Appeal constituted by a single Judge of Appeal pursuant to section 315 of the Criminal Procedure Act 2009 has, for the reasons set out below:

*granted leave to appeal on grounds [insert the numbers of the relevant grounds of appeal] and refused leave to appeal on other grounds [insert the numbers of the relevant grounds of appeal].

*refused leave to appeal.

REASONS

[insert as appropriate]

If you wish to renew the application to be determined by the Court of Appeal comprising at least two Judges of Appeal you must complete the enclosed election form and return it to me within 10 DAYS after you receive this notification.

Date:


ELECTION TO RENEW APPLICATION

I, [insert name of appellant] elect to renew my application for leave to appeal against *conviction/*sentence to be determined by the Court of Appeal comprising at least two Judges of Appeal.

Date:


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NOTES:

1. It is the aim of the Court of Appeal to deal with the majority of renewal applications without an oral hearing. Consequently, unless you request an oral hearing, the Court of Appeal may determine the application on the basis of your grounds of appeal and accompanying written case without an oral hearing.

2. You may, however, request an oral hearing by completing the following section of this Form. This request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.

ORAL HEARING OPTION



Solicitor

Myself




Date:


IMPORTANT NOTE:



__________________

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Rule 2.08(4)

FORM 6–2DC


NOTIFICATION TO APPELLANT OF COURT OF APPEAL DECISION ON RENEWED APPLICATION


I NOTIFY YOU that after consideration of your application for leave to appeal against *conviction/*sentence, the Court of Appeal has, for the reasons set out below:

*granted leave to appeal.

*granted leave to appeal on grounds [insert the numbers of the relevant grounds of appeal] and refused leave to appeal on other grounds [insert the numbers of the relevant grounds of appeal].

*refused leave to appeal.

*referred the application for leave to appeal to the Court of Appeal comprising no fewer than three Judges of Appeal.

REASONS

[insert as appropriate]

The *appeal/*application for leave to appeal:

*is listed to be heard at [place] on [date and time].

*will be listed to be heard on a date and at a time which will be notified to you.

Date:


NOTE:

The Court of Appeal may treat an application for leave to appeal as the appeal itself.

S.R. No. 6/2011


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IMPORTANT NOTE:



__________________".

40 Other amendments to Forms

(1) In Form 6–2K of the Principal Rules—

(a) for "three judges" substitute "at least two judges";

(b) Notes 1, 2, 3 and 6 are revoked.

(2) In Form 6–2Q of the Principal Rules after clause 5 insert—

"6. It is the aim of the Court of Appeal to deal with the majority of applications for leave to appeal without an oral hearing. Unless a person requests an oral hearing of the application for leave to appeal, the Court of Appeal may determine the application without an oral hearing.

7. A person may request an oral hearing and the request must be confirmed to the Registrar of Criminal Appeals in writing in accordance with any applicable Practice Direction.".

Dated: 24 February 2011

M. L. WARREN, C.J.

PETER BUCHANAN, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

ROBERT REDLICH, J.A.

PHILIP MANDIE, J.A.

D. J. HABERSBERGER, J.

R. S. OSBORN, J.

S.R. No. 6/2011


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K. WILLIAMS, J.

ELIZABETH HOLLINGWORTH, J.

KEVIN H. BELL, J.

ANTHONY CAVANOUGH, J.

ELIZABETH CURTAIN, J.

TONY PAGONE, J.

PAUL COGHLAN, J.

ROSS ROBSON, J.

JACK FORREST, J.

JAMES JUDD, J.

EMILIOS KYROU, J.

DAVID F. R. BEACH, J.

JENNIFER DAVIES, J.

KARIN EMERTON, J.

IAIN ROSS, J.

CLYDE CROFT, J.

M. L. SIFRIS, J.

PETER ALMOND, J.

JOHN DIXON, J.

C. MACAULAY, J.═══════════════

S.R. No. 6/2011


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ENDNOTES

Endnotes S.R. No. 6/2011


32

1 Rule 4: S.R. No. 12/2008 as amended by S.R. Nos 100/2008, 118/2008, 150/2008, 98/2009, 99/2009, 132/2009, 146/2009, 23/2010, 54/2010, 55/2010 and 148/2010.

Documents

Supreme Court (Chapter VI Amendment No. 6) Rules …FILE/11-006sr.docx · Web viewOCPC-VIC, Word 2007, Template Release 2010 V5.01 S.R. No. 6/2011 Supreme Court (Chapter VI Amendment