Magistrates' Court (Committals) Rules 1999

Version No. 006

Magistrates' Court (Committals) Rules 1999

S.R. No. 97/1999

Version incorporating amendments as at 1 July 2008

table of provisions

Rule Page

iv

Rule Page

Order 1 1

PRELIMINARY 1

1.01 Object 1

1.02 Authorising provisions 1

1.03 Application of Rules 1

1.04 Definition 1

1.05 Extension and abridgement 2

Order 2 2

APPEARANCE 2

2.01 Notice of appearance 2

2.02 Prosecution to provide relevant contact details 3

2.03 Legal practitioner ceasing to act 3

Order 3 4

SERVICE 4

3.01 Mode of service 4

3.02 Copy of document served by electronic transmission to be provided upon request 4

Order 4 5

FILING HEARINGS AND COMMITTAL MENTION HEARINGS 5

4.01 Charge to be filed with the registrar 5

4.02 Registrar to fix date for filing hearing 5

4.03 Further date for filing hearing 5

4.04 Orders and directions at filing hearing 6

4.05 Notice of committal mention hearing 6

4.06 Application to Court to fix a longer period for the holding of a committal mention hearing 6

Order 5 7

APPLICATIONS 7

5.01 Application of Order 7

5.02 Form of application 7

5.03 Revoked 7

5.04 Filing of application 7

5.05 Service of application 7

Order 6 7

SPECIAL MENTION HEARING 7

6.01 Fixing of a special mention hearing 7

6.02, 6.03 Revoked 8

6.04 Parties may request registrar to cancel a special mention hearing 8

6.05 Application to be excused from attending special mention hearing 8

Order 7 9

HAND-UP BRIEFS 9

7.00 Notice specifying committal mention date, nature of a committal proceeding etc. 9

7.01 Material to be included in a hand-up brief 9

Order 8 9

DEFENCE NOTICE 9

8.01 Defence notice in response to hand-up brief 9

Order 9 10

OBJECTION BY INFORMANT TO DEFENCE NOTICE 10

9.01, 9.02 Revoked 10

9.03 Objection by informant to production of certain material 10

9.04, 9.05 Revoked 11

Order 10 11

CASE DIRECTION NOTICE 11

10.01 Prescribed form 11

Order 11 12

COMPULSORY EXAMINATION PROCEDURE 12

11.01 Form of application 12

11.02 Form of notice of order 12

11.03 Service of notice of order 12

11.04 Prescribed information 13

11.05 Revoked 13

Order 11A 14

EVIDENCE TAKEN AFTER DEFENDANT DIRECTED TO BE TRIED 14

11A.01 Form of notice of application 14

11A.02 Response to notice of application 14

Order 12 14

MISCELLANEOUS 14

12.01 Revoked 14

12.02 Caution to be given to person charged 15

12.03 Alibi caution 15

12.03.1 Plea caution 15

12.04 Witnessing of statements 15

12.05 Statements prepared in another jurisdiction 15

______

FORMS 16

Form 2A—Appearance 16

Form 4A—Notice of Committal Proceedings 17

Form 4B—Application for the Fixing of a Longer or Shorter Period
for the Holding of a Committal Mention Hearing 19

Form 5A—Application 20

Forms 6A–6C—Revoked 21

Form 7—Hand-up Brief of Evidence and Notice of Committal
Mention Date 22

Form 7A—List of Material Included in Hand-up Brief 25

Form 8A—Notice of Defendant in Response to Hand-up Brief 27

Form 9A—Notice by Informant of Objection to the Production of on
Item Listed in Handup Brief 28

Form 9B—Revoked 31

Form 10A—Case Direction Notice 29

Form 11A—Application for Compulsory Examination 32

Form 11B—Notice of Order 33

Form 11C—Notice of Order 35

Form 11AA—Notice of Application for Order that the Evidence of a Person be Taken 37

Form 11AB—Response to Notice of Application for Order that the Evidence of a Person be Taken 38

Form 12A—Revoked 39

Form 12B—Caution to be Given to Person Charged 40

Form 12C—Alibi Caution 41

Form 12D—Plea caution 42

═══════════════

endNOTES 43

1. General Information 43

2. Table of Amendments 44

3. Explanatory Details 45

iv

Version No. 006

Magistrates' Court (Committals) Rules 1999

S.R. No. 97/1999

Version incorporating amendments as at 1 July 2008

45

Magistrates' Court (Committals) Rules 1999

S.R. No. 97/1999

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

Order 1

PRELIMINARY

1.01 Object

The object of these Rules is to provide certain procedures and forms for committal proceedings in the Court.

Rule 1.02 amended by S.R. No. 56/2007 rule5.

1.02 Authorising provisions

These Rules are made under sections 16 and 142 of the Magistrates' Court Act 1989 and all other enabling powers.

1.03 Application of Rules

These Rules apply to charges heard after the commencement of these Rules where the charges were filed in the Court on or after 1 July 1999.

1.04 Definition

In these Rules—

the Act means the Magistrates' Court Act 1989.

Rule 1.05 inserted by S.R. No. 58/2001 rule5.

1.05 Extension and abridgement

r. 1.05

(1) Except as the Act otherwise provides, the Court may extend or abridge any time fixed by or under these Rules.

(2) The Court may extend time under subrule (1) before or after the time expires whether or not an application for the extension is made before the time expires.

Order 2

APPEARANCE

Rule 2.01 amended by S.R. Nos 58/2001 rule6., 56/2007 rule6(ILA s.39B(2)).

2.01 Notice of appearance

(1) A legal practitioner who—

(a) intends to appear for a defendant; or

(b) represents a defendant; or

(c) is willing to accept service of documents on behalf of a defendant—

in a committal proceeding must file in the Court and serve on the informant and the Director of Public Prosecutions or other person or body authorised at law to prosecute in the committal proceeding a Notice of Appearance in Form 2A.

Rule 2.01(2) inserted by S.R. No. 56/2007 rule 6.

(2) The filing and service of a Notice of Appearance required by subrule (1) must take place no later than 21 days before the first committal mention date.

Rule 2.02 amended by S.R. No. 58/2001 rule7, substituted by S.R. No. 56/2007 rule7.

2.02 Prosecution to provide relevant contact details

(1) Within 5 days after receipt of a Notice of Appearance, the Director of Public Prosecutions or the other person or body authorised at law to prosecute in the committal proceeding must advise the legal practitioner of the following relevant contact details—

(a) the name of the prosecutor handling the matter; and

(b) either a fax number or an electronic mail address (or both) for the service of documents on the Director of Public Prosecutions or the other person or body authorised at law to prosecute in the committal proceeding; and

(c) either a fax number or an electronic mail address (or both) for the service of documents on the informant.

(2) If 20 days before the committal mention date the Director of Public Prosecutions or other person or body authorised at law to prosecute in the committal proceeding has not received a Notice of Appearance, the Director of Public Prosecutions or the other person or body must advise the Court of the relevant contact details.

Rule 2.03 amended by S.R. No. 58/2001 rule8.

2.03 Legal practitioner ceasing to act

r. 2.02

If a legal practitioner ceases to act for a party in a committal proceeding, the legal practitioner must as soon as possible file notice in the Court that he or she has ceased to act and serve a copy on the informant and the Director of Public Prosecutions or other person or body authorised at law to prosecute in the committal proceeding.

Order 3

SERVICE

3.01 Mode of service

In a committal proceeding, service of a document by a party may be effected—

(a) on a defendant, by facsimile transmission or electronic transmission by sending the document to the facsimile number or electronic mail address of the defendant's legal practitioner as advised in Form 2A;

(b) on the informant, by facsimile transmission or electronic transmission by sending the document to a facsimile number or electronic mail address supplied by the informant;

Rule 3.01(c) amended by S.R. No. 58/2001 rule9.

(c) on the Director of Public Prosecutions or other person or body authorised at law to prosecute in the committal proceeding, by sending the document to the facsimile number or electronic mail address as advised under Rule 2.02.

3.02 Copy of document served by electronic transmission to be provided upon request

r. 3.01

The original document, a copy of which was served by facsimile transmission or electronic transmission, must be retained by the party serving the document and must be provided to the Court if the Court so requests.

Order 4 (Heading and rules 4.01–4.04) amendedby S.R. No. 150/1999 rule3, substituted as Order 4 (Heading and rules 4.01–4.06) by S.R.No. 58/2001 rule10.

Order 4

FILING HEARINGS AND COMMITTAL MENTION HEARINGS

Rule 4.01 substituted by S.R. No. 58/2001 rule10.

4.01 Charge to be filed with the registrar

A charge in a committal proceeding must be filed with the registrar as soon as practicable after the charge is laid.

Rule 4.02 substituted by S.R. No. 58/2001 rule10.

4.02 Registrar to fix date for filing hearing

On the filing of the charge, the registrar must fix a date for a filing hearing in the proceeding and the date must be—

(a) if a defendant has been arrested and is either remanded in custody or granted bail in the proceeding—a day which is within 7 days after the filing of the charge; or

(b) if a summons to answer to a charge is issued—a day which is within 4 weeks after the issue of the summons.

Rule 4.03 substituted by S.R. No. 58/2001 rule10.

4.03 Further date for filing hearing

r. 4.01

If it appears to the Court at a filing hearing that a summons to which section 34(1)(a)(i) of the Act applies has not been served in accordance with that section, the Court may fix a further date for the filing hearing.

Rule 4.04 substituted by S.R. No. 58/2001 rule10.

4.04 Orders and directions at filing hearing

If the defendant appears personally or is represented by a legal practitioner at a filing hearing, whether or not any requirement of section 34(1) of the Act has been complied with, the Court may—

(a) subject to clause 4(2) of Schedule 5 to the Act, fix a committal mention date on a day which is within 12 weeks after the commencement of the proceeding or on such other day as the Court deems appropriate;

(b) fix a longer or shorter period for the holding of a committal mention hearing in accordance with clause 4(3) of Schedule 5 to the Act;

(c) subject to clause 7(1) of Schedule 5 to the Act, fix a time for service of a hand-up brief;

(d) give such directions as it considers are necessary, in the interests of justice.

Rule 4.05 inserted by S.R. No. 58/2001 rule10.

4.05 Notice of committal mention hearing

On the conclusion of the filing hearing, the registrar must hand to the defendant a notice in Form 4A.

Rule 4.06 inserted by S.R. No. 58/2001 rule10.

4.06 Application to Court to fix a longer period for the holding of a committal mention hearing

r. 4.04

If the Court has fixed a committal mention date, an application under clause 4(3) of Schedule 5 to the Act for the Court to fix a longer period for the holding of a committal mention hearing than that set out in clause 4(2) of the Schedule must be in Form 4B.

Order 5

APPLICATIONS

5.01 Application of Order

Unless the Court otherwise directs, this Order applies to applications in a committal proceeding.

5.02 Form of application

Unless otherwise provided by these Rules, an application in a committal proceeding must be in Form 5A.

Rule 5.03 revoked by S.R. No. 58/2001 rule11.

* * * * *

Rule 5.04 substituted by S.R. No. 58/2001 rule12.

5.04 Filing of application

Unless otherwise provided by these Rules, an application is made by filing the application with the registrar.

Rule 5.05 substituted by S.R. No. 58/2001 rule12.

5.05 Service of application

The applicant must serve a copy of an application on every person to whom notice of the application is to be given a reasonable time before the hearing of the application.

Order 6

SPECIAL MENTION HEARING

Rule 6.01 substituted by S.R. No. 58/2001 rule13.

6.01 Fixing of a special mention hearing[1]

r. 5.01

(1) A party may apply to the Court for a special mention hearing.

(2) An application must set out the purpose of the application for the special mention hearing and must be in Form 5A.

(3) The Court may of its own motion conduct a special mention hearing.

Rules 6.02, 6.03 revokedby S.R. No. 58/2001 rule14.

* * * * *

6.04 Parties may request registrar to cancel a special mention hearing

r. 6.04

(1) If the parties agree that a special mention hearing should be cancelled, the parties may request the registrar to cancel the special mention hearing and the registrar, if satisfied that there is no need for a special mention hearing, must cancel the special mention hearing accordingly.

(2) A request must be made before the date of the special mention hearing and may be made by telephone.

Rule 6.05 substituted by S.R. No. 58/2001 rule15.

6.05 Application to be excused from attending special mention hearing

(1) An application to the Court under clause 3(4) of Schedule 5 to the Act must be made before the special mention date.

(2) The application may be made orally or in writing.

(3) An application made orally must be determined by the Court.

Order 7

HAND-UP BRIEFS

Rule 7.00 inserted by S.R. No. 56/2007 rule8.

7.00 Notice specifying committal mention date, nature of a committal proceeding etc.

Notice under clause 6(1)(a) of Schedule 5 to the Act is in the prescribed form if it is in the form of Form 7.

7.01 Material to be included in a hand-up brief

r. 7.00

In addition to any other requirements concerning what is to be contained in a hand-up brief in clause 6(1) of Schedule 5 to the Act, the informant must include in the hand-up brief—

(a) a statement of the material facts relevant to the charge; and

(b) a list of material in Form 7A.

Order 8

DEFENCE NOTICE

8.01 Defence notice in response to hand-up brief

Notice by the defendant in response to service of a hand-up brief that the defendant—

Rule 8.01(a) revokedby S.R. No. 56/2007 rule9.