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