Version No. 020

Supreme Court (Criminal Procedure) Rules 2008

S.R. No. 12/2008

Version incorporating amendments as at
26 March 2015

table of provisions

Regulation Page

xiv

Regulation Page

ORDER 1—PRELIMINARY 1

1.01 Title and object 1

1.02 Authorising provisions 1

1.03 Commencement and revocation 2

1.04 Application of Rules 2

1.05 Definitions 2

1.06 Registrar of Criminal Appeals 4

1.06.1 Associate Judge acting for Registrar 4

1.07 Calculating time 5

1.08 Extension and abridgement 5

1.09 Process in vacation 5

1.10 Content and form of documents 6

1.11 Filing of documents 6

1.12 Subpoenas 7

1.12.1 Subpoenas—Trans-Tasman Proceedings Act2010 8

1.12.2 Procedure under the Vexatious Proceedings Act 2014 8

1.13 Authentication 9

1.14 Amendment of judgment or order 9

1.15 Effect of non-compliance and dispensing with compliance 9

1.16 Exercise of jurisdiction by Judge of the Court or Court of Appeal 10

1.17 Notices to be signed 10

1.18 General applications 11

ORDER 2—CRIMINAL APPEALS 12

PART 1—PRELIMINARY 12

2.01 Definitions 12

2.02 Single judge 13

2.03 Jurisdiction and powers exercisable by two Judges of Appeal 14

2.04 Legal practitioners 14

PART 2—COMMENCEMENT OF APPEALS UNDER DIVISIONS1 AND2 OF PART6.3 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE ACT2009 15

2.05 Application for leave to appeal against conviction or sentence 15

2.06 Application may be determined by single Judge of Appeal 16

2.07 Procedure for determination of application by single Judge of Appeal 17

2.08 Procedure for renewal of application 18

2.09 Powers of determination 19

2.09.1 Application may be treated as appeal 19

2.09.2 No notice of appeal when leave is granted 20

2.12 Unrepresented appellant 20

2.13 Registrar may vacate hearing date or refer for dismissal 20

2.14. Transitional provisions—Supreme Court (ChapterVI Amendment No. 6) Rules 2011 21

PART 3—APPEALS UNDER DIVISION 3 OF PART6.3 OF CHAPTER6 OF THE CRIMINAL PROCEDURE ACT 2009 21

2.15 Crown appeals 21

PART 4—APPLICATIONS UNDER DIVISION 5 OF PART6.3 OF CHAPTER6 OF THE CRIMINAL PROCEDURE ACT 2009 22

2.16 Refusal to reserve question of law—application to show cause 22

2.17 Applicant to file affidavit 22

PART 5—APPEALS UNDER CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT1997 23

2.17.1 Application of this Part 23

2.18 Commencement of appeal against finding that accused is unfit to stand trial 23

2.19 Commencement of appeal against verdict of not guilty because of mental impairment 24

2.20 Application may be treated as appeal 24

2.21 No notice of appeal when leave is granted 24

PART 6—APPLICATIONS UNDER DIVISION 7 OF PART6.3 OF CHAPTER6 OF THE CRIMINAL PROCEDURE ACT 2009 25

2.22 Application for extension of time 25

2.23 Extension of time before Registrar 25

2.24 Extension of time—application under section313(2) 26

2.25 Application under section 315—refusal of Judge of Appeal to exercise powers 26

PART 7—REFERENCE TO COURT OF APPEAL ON PETITION OF MERCY 27

2.26 Reference on petition of mercy 27

PART 8—PROCEDURES 28

2.27 Time 28

2.28 Fine and imprisonment in default—fine paid to be retained pending appeal 28

2.29 Procedure for appeal where fine and imprisonment in default 29

2.30 Pre-hearing conference 30

2.31 Transcript of trial 30

2.32 Preservation of exhibits 31

2.33 Copies of transcript, exhibits etc. 32

2.34 Return of exhibits after hearing 32

2.35 Certificate of conviction 33

2.36 Attendance of appellant 34

2.38 Bail 35

2.39 Registrar to notify determination 35

2.40 Notice of abandonment 36

2.41 Abandonment 36

2.42 Report from trial judge 36

2.43 Original depositions, exhibits etc. 37

2.44 Witnesses before Court of Appeal—section318 37

2.45 Examination other than by court under section318(2) 38

2.46 Special commissioners—section 320 40

2.47 Entitlement to hearing when restitution order or compensation order made 41

2.48 Property subject to restitution order or compensation order 41

2.49 Security may be ordered 42

2.50 Property subject to order for forfeiture or destruction 42

2.51 Custody of property of convicted person 42

2.52 Transfer of prisoners 43

2.53 Duties of prison officers 43

2.54 Obligation of prison officers—section 283 appeals 44

PART 9—OTHER APPLICATIONS TO COURT OF APPEAL 46

2.55 Application of Part 46

2.56 Application by summons 46

2.57 Service 46

2.58 Directions hearing 46

2.59 Court of Appeal may set aside or give directions 47

ORDER 3—INTERLOCUTORY APPEALS UNDER THE CRIMINAL PROCEDURE ACT2009 48

3.01 Application of Order 48

3.02 Definitions 48

3.03 Commencement of interlocutory appeal—section295 48

3.04 Commencement of application for review of refusal to certify—section296 49

3.05 Appellant to file affidavit 49

3.06 Application for leave may be treated as appeal or review 50

ORDER 3A—APPEALS ON A QUESTION OF LAW 51

3A.01 Application of Order and definitions 51

3A.02 Commencement of appeal on a question of law 51

3A.03 Notice of appeal 52

3A.04 Appellant to file affidavit 53

3A.05 Directions 54

3A.06 Leave to appeal 55

3A.07 Stay 55

3A.08 Delay and expedition 55

3A.09 Report 56

ORDER 3B—APPEALS UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005 OTHER THAN APPEALS ON A QUESTION OF LAW 57

3B.01 Application of Order 57

3B.02 Notice of appeal and undertaking to proceed with appeal 57

3B.03 Legal practitioner to notify that he or she acts 57

3B.04 Prothonotary to fix hearing 58

3B.05 Recording of decision on appeal under section 424 58

3B.06 Appeal by DPP against sentence 59

3B.07 Appeal by DPP under section 429A—failure to fulfil undertaking 60

3B.08 Abandonment of appeal 60

3B.09 Order striking out appeal 60

3B.10 Application to set aside order striking out appeal for failure toappear 60

3B.11 Original depositions, exhibits etc. 61

3B.12 Prothonotary to notify determination 61

3B.13 Certificate of conviction 62

3B.14 Fine and imprisonment in default—fine paid to be retained pending appeal 62

3B.15 Entitlement to hearing when restitution order or compensation order made 63

3B.16 Property subject to restitution order or compensation order 63

ORDER 3C 64

APPEALS FROM CHILDREN'S COURT UNDER THE CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 64

3C.01 Application of Order 64

3C.02 Appeal by child against finding of unfitness to be tried 64

3C.03 Appeal by child against finding of not guilty because of mental impairment 64

3C.04 Appeal by DPP against order for unconditional release 64

3C.05 Appeal by child against supervision order 64

3C.06 Appeal by DPP, Attorney-General or Secretary to the Department of Human Services or Secretary to the Department of Health against supervision order 65

3C.07 Affidavit in support 65

3C.08 Children's Court recording officer to give Court documents when required 66

ORDER 4—CRIMINAL PROCEDURE RULES 67

PART 1—PRE-TRIAL CRIMINAL PROCEDURE 67

4.01 Definitions 67

4.02 Filing indictment 67

4.03 Notice to accompany copy indictment—no legal practitioner representing accused 68

4.04 Notice by legal practitioner to DPP and CTLD 68

4.05 Notice by legal practitioner to Prothonotary 69

4.06 Unrepresented accused 69

4.07 Questionnaire 70

4.08 Case conference 70

PART 2—NOTICES UNDER THE ACT AND GENERAL MATTERS 76

4.09 Commonwealth DPP 76

4.10 DPP to specify sections in notice given under the Act 76

4.11 Notice of alibi 76

4.12 Recording of time and date of arraignment 76

4.13 Notice of intention to plead guilty to remaining charges in indictment 76

4.14 Summons or warrant when direct indictment filed 76

ORDER 5—PAYMENT OF FINES RULES 78

PART 1—PAYMENT OF FINES—SENTENCING ACT1991 78

5.01 Definitions 78

5.02 Proper officer 78

5.03 Application 78

5.04 Application operates as stay 78

5.05 Consideration of application 79

5.06 Service of copy order 79

5.07 Enforcement of fines against a natural person 79

5.08 Enforcement of fine against body corporate 80

PART 2—APPLICATIONS UNDER THE SHERIFF ACT2009 80

5.09 Application for reinstatement of certain money warrants 80

5.10 Filing and service of summons 81

ORDER 6—CONFISCATION OF PROPERTY AND PROCEEDS OF CRIME 82

6.01 Definitions 82

6.02 Application of this Order 82

6.03 Making of application to the Court 83

6.04 Notice and service generally 83

6.05 Applications for restraining orders and monitoring orders 84

6.06 Application without notice under the Act 84

6.07 Other applications generally under Commonwealth Act 84

6.08 Notice of application 84

6.09 Filing and directions 85

6.10 Notice of opposition to an application 86

6.11 Evidence 86

6.12 Notice of order or declaration 87

6.13 Notice of discharge 88

6.14 Interstate order 89

6.15 Examination under section 98(2) of the Act 89

ORDER 7—SURVEILLANCE DEVICES RULES 90

7.01 Definition 90

7.02 Application of Order 90

7.03 Forms of application 90

7.04 Filing and service of documents 90

7.05 Form of surveillance device warrants 90

7.06 Form of retrieval warrant 90

7.07 Assistance orders 91

7.08 Reports under section 30K 91

ORDER 9—WITNESS PROTECTION RULES 93

9.01 Definition 93

9.02 Application of Order 93

9.03 Application 93

9.04 Filing and service of documents 93

ORDER 10—APPLICATIONS UNDER PART IIA OF THE EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 94

10.01 Definition 94

10.02 Application under section 42E 94

10.03 Application under section 42L 94

10.04 Application under section 42M 94

10.05 Application under section 42N 95

10.06 Application under section 42P 95

ORDER 11—TERRORISM (COMMUNITY PROTECTION) RULES 96

11.01 Definition 96

11.02 Application of Order 96

11.03 Form of application to Court 96

11.04 Filing of documents 96

11.05 Form of warrant 96

ORDER 12—SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) RULES 97

12.01 Definition 97

12.02 Application of Order 97

12.03 Forms of application for supervision order and renewal of supervision order 97

12.04 Form of supervision order 97

12.05 Forms of application for detention order and renewal of detention order 98

12.06 Form of detention order 98

12.07 Forms of application for interim supervision order and extension of interim supervision order 98

12.08 Forms of application for interim detention order and extension of interim detention order 98

12.09 Forms of interim order and order extending interim order 99

12.10 Application for review of orders 99

12.11 Applications for leave to review orders 99

12.12 Review of conditions of supervision order or interim supervision order 100

12.13 Order for a person to attend for examination 100

12.14 Forms of notice of appeal 100

12.15 Notice of intention to dispute reports under section113 of the Act 101

12.16 Filing of documents 101

ORDER 12A—SEX OFFENDERS REGISTRATION RULES 102

12A.01 Definition 102

12A.02 Forms of application for exemption from reporting requirements 102

12A.03 Forms of application by Chief Commissioner of Police 102

12A.04 Filing of documents 103

ORDER 13—MAJOR CRIME (INVESTIGATIVE POWERS) RULES 104

13.01 Definition 104

13.02 Application of Order 104

13.03 Applications made under this Order 104

13.04 Form of application for coercive powers order or extension or variation of order 104

13.05 Form of order 104

13.05.1 Application for revocation of coercive powers order 104

13.05.2 Application objecting to disclosure or production of protected information at revocation hearing 105

13.06 Form of application for witness summons 105

13.07 Form of application for order to bring person in custody before Chief Examiner 105

13.08 Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act 105

13.09 Application to determine legal professional privilege 105

13.10 Filing of documents 105

ORDER 14—ASSUMED IDENTITY RULES 106

14.01 Definition 106

14.02 Application of Order 106

14.03 Applications made under this Order 106

14.04 Forms of application under the Act 106

14.05 Filing of documents 107

14.06 Forms of order 107

ORDER 15—IDENTITY CRIME RULES 108

15.01 Identity crime certificate 108

15.02 Notice to prosecutor to assist 108

ORDER 16—PROCEDURE UNDER THE OPEN COURTS ACT2013 109

16.01 Definitions 109

16.02 Notice of application for suppression order 109

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Forms 110

Form 6–1A—Subpoena 110

Form 6–1B—Notice to addressee and declaration 116

Form 6–1BA—Subpoena to give evidence (New Zealand) 118

Form 6–1BB—Subpoena to produce documents (New Zealand) 124

Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand) 132

Form 6–1C—General application 141

Form 6–2A—Notice of application for leave to appeal against conviction 142

Form 6–2B—Notice of application for leave to appeal against sentence 145

Form 6–2C—Notice of application for leave to appeal against sentence imposed by County Court on appeal from Magistrates' Court under section283 of the Criminal Procedure Act 2009 148

Form 6–2D—Notification to applicant of single judge's decision under section315 of the Criminal Procedure Act 2009 150

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 151

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 153

Form 6–2DC—Notification to appellant of court of appeal decision on renewed application 155

Form 6–2E—Application under section304 of the Criminal Procedure Act 2009 to show cause why a question of law should not be reserved for determination by court of appeal 157

Form 6–2F—Notice of application for leave to appeal against finding of unfitness to stand trial 158

Form 6–2G—Notice of application for leave to appeal against mental impairment verdict 161

Form 6–2H—Application for extension of time to *file/*serve notice of appeal or notice of application to appeal 164

Form 6–2I—Notification to applicant of registrar's decision under section313 of the Criminal Procedure Act 2009 165

Form 6–2J—Election to have extension of time determined by the Court of Appeal 166

Form 6–2K—Election to have application under section 315 of the Criminal Procedure Act 2009 determined by court of appeal 167

Form 6–2L—Recognizance of appellant sentenced to pay a fine (andsurety) 168

Form 6–2M—Notification of result of appeal or application 170

Form 6–2N—Notice of abandonment 171

Form 6–2O—Appellant's application for examination of further witness(es) 172

Form 6–2P—Notice to witness to attend before examiner 173

Form 6–2Q—Notice to prisoner who wishes to appeal 174

Form 6–2R—Information for persons upon whom a sentence of imprisonment has been imposed by the County Court upon appeal from the Magistrates' Court in substitution for other sentence imposed by the Magistrates'Court 175

Form 6–3A—Notice of application for leave to appeal against interlocutory decision 176