{"id":"sr:crown-proceedings-regulations-2021","name":"Crown Proceedings Regulations 2021","slug":"crown-proceedings-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185934,"registerId":"vic-sr:crown-proceedings-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crown Proceedings Regulations 2021","content":"Version No. 001\n\n**Crown Proceedings Regulations 2021**\n\n**S.R. No. 152/2021**\n\nVersion as at  \n12 December 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definition 1\n\n6 Forfeited recognisances 1\n\n7 Breach of bail 2\n\nForm 1—Order forfeiting a recognisance 4\n\nForm 2—Notice to principal and surety of a recognisance forfeited in the absence of the principal 6\n\nForm 3—Application to vary or rescind order in the matter of a forfeited recognisance 8\n\nForm 4—Application for a stay of proceedings pending the determination of an application to vary or rescind a forfeited recognisance 10\n\nForm 5—Warrant to imprison principal for non-payment of money due under a forfeited recognisance 12\n\nForm 6—Warrant of seizure and sale of surety's property for money due under a forfeited recognisance 14\n\nForm 7—Warrant of seizure and sale of surety's property for money due under a forfeited recognisance 16\n\nForm 8—Warrant to imprison surety for want of seizure and sale of property due under a forfeited recognisance 18\n\nForm 9—Notice to police officer executing warrant to imprison against principal or surety of a forfeited recognisance 20\n\nForm 10—Statement under section 5(9A) of the Crown Proceedings Act 1958 in the matter of a forfeited recognisance 21\n\nForm 11—Order forfeiting an undertaking of bail 23\n\nForm 12—Notice to surety of an undertaking of bail forfeited in their absence 25\n\nForm 13—Application to vary or rescind order in the matter of a forfeited undertaking 27\n\nForm 14—Application for a stay of proceedings in the matter of a forfeited undertaking 29\n\nForm 15—Warrant of seizure and sale of surety's property for money due under a forfeited undertaking of bail 31\n\nForm 16—Warrant of seizure and sale of surety's property for money due under a forfeited undertaking of bail 33\n\nForm 17—Warrant to imprison surety for want of seizure and sale of property due under a forfeited undertaking 35\n\nForm 18—Notice to police officer executing warrant to imprison against surety of a forfeited undertaking 37\n\nForm 19—Statement under section 6(10) of the Crown Proceedings Act 1958 in the matter of a forfeited undertaking 38\n\n═════════════\n\nEndnotes 40\n\n1 General information 40\n\n2 Table of Amendments 42\n\n3 Amendments Not in Operation 43\n\n4 Explanatory details 44\n\n**Version No.** **001**\n\n**Crown Proceedings Regulations 2021**\n\n**S.R. No. 152/2021**\n\nVersion as at  \n12 December 2021\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe forms to be used under the **Crown Proceedings Act 1958**.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 5(3)(e) and 6(8) of the **Crown Proceedings Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 12 December 2021.\n\n\t4 Revocation\n\nThe Crown Proceedings Regulations 2011[[1]](#endnote-1) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations, ***the Act*** means the **Crown Proceedings Act 1958**.\n\n\t6 Forfeited recognisances\n\n(1) For the purposes of section 5(2) of the Act, the prescribed form for an order forfeiting a recognisance is Form 1.\n\n(2) For the purposes of section 5(2A) of the Act, the prescribed form of notice to a principal and surety of a recognisance forfeited in the absence of the principal is Form 2.\n\n(3) For the purposes of section 5(3)(b) of the Act, the prescribed form for an application to vary or rescind an order in the matter of a forfeited recognisance is Form 3.\n\n(4) For the purposes of section 5(3)(d) of the Act, the prescribed form for an application for a stay of proceedings in the matter of a forfeited recognisance is Form 4.\n\n(5) For the purposes of section 5(4) of the Act, the prescribed form for a warrant to imprison for non‑payment of money due under a forfeited recognisance is Form 5.\n\n(6) For the purposes of section 5(5) of the Act—\n\n(a) the prescribed form for a warrant of seizure and sale issued in the Supreme Court or the County Court is Form 6; and\n\n(b) the prescribed form for a warrant of seizure and sale issued in the Magistrates' Court is Form 7; and\n\n(c) the prescribed form for a warrant to imprison a surety is Form 8.\n\n(7) For the purposes of section 5(9A) of the Act—\n\n(a) the prescribed form of notice to a police officer executing a warrant is Form 9; and\n\n(b) the prescribed form of the statement in writing to be delivered to a principal or surety is Form 10.\n\n\t7 Breach of bail\n\n(1) For the purposes of section 6(2) of the Act, the prescribed form for an order forfeiting an undertaking of bail is Form 11.\n\n(2) For the purposes of section 6(3) of the Act, the prescribed form of notice to a surety of an undertaking of bail forfeited in their absence is Form 12.\n\n(3) For the purposes of section 6(5) of the Act, the prescribed form for an application to vary or rescind an order in the matter of a forfeited undertaking of bail is Form 13.\n\n(4) For the purposes of section 6(7) of the Act, the prescribed form for an application for a stay of proceedings in the matter of a forfeited undertaking of bail is Form 14.\n\n(5) For the purposes of section 6(9) of the Act—\n\n(a) the prescribed form for a warrant of seizure and sale issued in the Supreme Court or the County Court is Form 15; and\n\n(b) the prescribed form for a warrant of seizure and sale issued in the Magistrates' Court is Form 16; and\n\n(c) the prescribed form for a warrant to imprison a surety is Form 17.\n\n(6) For the purposes of section 6(10) of the Act—\n\n(a) the prescribed form of notice to a police officer executing a warrant is Form 18; and\n\n(b) the prescribed form of the statement in writing to be delivered to a surety is Form 19.\n\nForm 1—Order forfeiting a recognisance\n\nRegulation 6(1)\n\nOrder Forfeiting a Recognisance\n\n(section 5(2) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nOn [*date*] the principal/*and surety entered a recognisance for $[*amount*].\n\nThe conditions of the recognisance were—\n\n[*set out details*]\n\nThe principal has failed to observe a condition of the recognisance. The Court therefore declares the recognisance forfeited and orders—\n\n*that—\n\n(a) the principal pay the amount of $[*amount*] to the proper officer of the Court at [*venue*]\n\n*immediately\n\n*within [*period of time*] after the date of this order; and\n\n(b) in default of payment of the amount in accordance with this order, the principal be imprisoned for the term of [*period of time*].\n\n*that—\n\n(a) the surety pay the amount of $[*amount*] to the proper officer of the Court at [*venue*]\n\n*immediately\n\n*within [*period of time*] after the date of this order; and\n\n(b) in default of payment of the amount in accordance with this order, the amount be obtained by seizing and selling the property of the surety; and\n\n(c) in default of seizure and sale of property, in whole or in part, the surety be imprisoned for the term of [*period of time*].\n\nDate: [*date*]\n\n[*signature of judge or magistrate*]\n\n*Judge/*Magistrate\n\n*Delete if inapplicable\n\nForm 2—Notice to principal and surety of a recognisance forfeited in the absence of the principal\n\nRegulation 6(2)\n\nNotice to principal and surety of a Recognisance Forfeited in the Absence of the principal\n\n(section 5(2A) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE COURT ORDER\n\nTo the *principal/*surety.\n\nOn [*date*] in the *Supreme/*County/*Magistrates' Court at [*venue*] the *principal/*surety entered a recognisance in the amount of $[*amount*].\n\nThe conditions of the recognisance were—\n\n[*set out details*]\n\n*The recognisance was extended to [*date*].\n\nAs the principal failed to observe a condition of the recognisance, the Court on [*date*] declared the recognisance forfeited and ordered—\n\n*that—\n\n(a) the principal pay the amount of $[*amount*] to the proper officer of the Court at [*venue*]\n\n*immediately\n\n*within [*period of time*] after the date of the order; and\n\n(b) in default of payment of the amount in accordance with the order, the principal be imprisoned for the term of [*period of time*].\n\n*that—\n\n(a) the surety pay the amount of $[*amount*] to the proper officer of the Court at [*venue*]\n\n*immediately\n\n*within [*period of time*] after the date of the order; and\n\n(b) in default of payment of the amount in accordance with the order, the amount be obtained by seizing and selling the property of the surety; and\n\n(c) in default of seizure and sale of property, in whole or in part, the surety be imprisoned for the term of [*period of time*].\n\nYOU HAVE 28 DAYS FROM THE DATE OF THE ORDER IN WHICH TO PAY THE AMOUNT DUE UNDER THE ORDER, OR TO OBTAIN AN INSTALMENT ORDER, OR TO APPLY TO VARY OR RESCIND THE ORDER\n\n**TAKE NOTICE**—\n\n*a warrant to imprison\n\n*a warrant of seizure and sale\n\n*a warrant to seize property\n\nwill issue after the expiration of 28 days after the date of the order unless—\n\n(a) the amount due under the order is paid; or\n\n(b) an order is made for the payment of the amount by instalments; or\n\n(c) within 28 days from receipt of this notice, application to vary or rescind the order is made to the court where the recognisance was forfeited.\n\n[*signature of proper officer of the court*]\n\nProper officer of the Court\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 3—Application to vary or rescind order in the matter of a forfeited recognisance\n\nRegulation 6(3)\n\nApplication to Vary or Rescind Order in the Matter of a Forfeited Recognisance\n\n(section 5(3)(b) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE COURT ORDER\n\nOn [*date*] the principal/*and surety entered a recognisance in the amount of $[*amount*].\n\nThe conditions of the recognisance were—\n\n[*set out details*]\n\nAs the principal failed to observe a condition of the recognisance, the Court on [*date*] declared the recognisance forfeited and ordered—\n\n*that—\n\n(a) I, [*full name of principal*] of [*address*] pay the amount of $[*amount*] to the proper officer of the Court\n\n*immediately\n\n*within [*period of time*] after the date of the order; and\n\n(b) in default of payment of the amount in accordance with the order, I be imprisoned for the term of [*period of time*].\n\n*that—\n\n(a) I, [*full name of surety*] of [*address*] pay the amount of $[*amount*] to the proper officer of the Court\n\n*immediately\n\n*within [*period of time*] after the date of the order; and\n\n(b) in default of payment of the amount in accordance with the order, the amount be obtained by seizure and sale of my property; and\n\n(c) in default of the amount being obtained by seizure and sale of my property, I be imprisoned for the term of [*period of time*].\n\nAPPLICATION to vary or rescind order\n\nUnder section 5(3)(a) of the **Crown Proceedings Act 1958** I apply for an order to vary or rescind the order on the ground that it would be unjust to require me to pay the amount of the recognisance, and I give notice that I intend to apply to the *Supreme/*County/*Magistrates' Court  \non [*date*] at [*time*].\n\nThe reasons for my application are—\n\n[*set out details*]\n\nDate: [*date*]\n\n[*signature of applicant*]\n\nApplicant\n\nTo the proper officer of the court at [*venue*] and to\n\n*the Director of Public Prosecutions\n\n*the informant or complainant\n\n*Delete if inapplicable\n\nForm 4—Application for a stay of proceedings pending the determination of an application to vary or rescind a forfeited recognisance\n\nRegulation 6(4)\n\nApplication for a Stay of Proceedings Pending the Determination of an Application to Vary or Rescind a Forfeited Recognisance\n\n(section 5(3)(d) of the **Crown Proceedings Act 1958**)\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE COURT ORDER\n\nThe order declaring the recognisance forfeited was made at the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*].\n\nDETAILS OF THE APPLICATION to vary or rescind order\n\nThe application to vary or rescind the order was lodged with the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*].\n\nAPPLICATION FOR STAY OF PROCEEDINGS\n\nI, [*full name*]\n\nof [*address*]\n\napply to the *Supreme/*County/*Magistrates' Court at [*venue*]  for a stay of proceedings pending the hearing of my application to vary or rescind the order which declared a recognisance forfeited.\n\nThis application is ex parte (without notice).\n\n[*signature of applicant*]\n\nApplicant\n\nORDER\n\nPending determination of the application of the *principal/*surety to vary or rescind the order declaring the recognisance forfeited, it is ordered that proceedings against the *principal/*surety be stayed and it is directed that—\n\n*any warrant issued in the case must be returned unexecuted.\n\n*the issue or execution of any warrant be stayed pending the determination of the application.\n\nDate: [*date*]\n\n[*signature of judge or magistrate*]\n\n*Judge/*Magistrate\n\nThis document is to be filed with the court which declared the recognisance forfeited immediately after the order has been signed.\n\n*Delete if inapplicable\n\nForm 5—Warrant to imprison principal for non-payment of money due under a forfeited recognisance\n\nRegulation 6(5)\n\nWarrant to Imprison principal for Non‑Payment of Money due under a Forfeited Recognisance\n\n(section 5(4) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE COURT order\n\nOn [*date*] the principal/*and surety entered into a recognisance in the amount of $[*amount*].\n\nThe conditions of the recognisance were—\n\n[*set out details*]\n\nAs the principal failed to observe a condition of the recognisance, the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*] declared the recognisance forfeited and ordered the principal to pay the amount of $[*amount*].\n\nThe principal has not paid the amount as ordered.\n\nAUTHORITY AND DIRECTIONS\n\nTo all police officers:\n\nYou are to demand payment of the amount of recognisance forfeited from the principal. If this amount is paid you must send it immediately to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.\n\nIf the amount is not paid:\n\nYou are authorised to break, enter and search any place where the principal is suspected to be and to take and safely convey the principal to the prison at [*venue*] or any other prison that is more accessible or more convenient and deliver the principal to the officer in charge of the prison with this warrant.\n\nTo the officer in charge of the prison at [*venue*] or any other prison that is more accessible or more convenient—\n\nYou are directed and authorised to receive the principal into your custody and safely keep that person in prison for [*period of time*] unless the principal is otherwise removed or discharged from custody by due course of law.\n\nIf the amount of recognisance forfeited is paid you are to release the principal and immediately send the amount to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.\n\nIssued by:\n\n[*signature of prothonotary or registrar*]\n\n*Prothonotary/*Registrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 6—Warrant of seizure and sale of surety's property for money due under a forfeited recognisance\n\nRegulation 6(6)(a)\n\nWarrant of Seizure and Sale of surety's Property for Money due under a Forfeited Recognisance\n\n(section 5(5) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County Court of  \nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE court order\n\nOn [*date*] the principal and surety entered a recognisance in the amount of $[*amount*].\n\nThe conditions of the recognisance were—\n\n[*set out details*]\n\nThe principal failed to observe a condition of the recognisance and the *Supreme/*County Court at [*venue*] declared the recognisance forfeited and ordered on [*date*] that the surety pay the amount of $[*amount*].\n\nWARRANT\n\nTo *all police officers/*the Sheriff\n\nThe surety has not paid the amount as ordered.\n\nYou are directed and authorised to:\n\n1. Seize the personal property of the surety.\n\n2. Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.\n\n3. *[*if warrant is executed by a police officer*] Pay all money recovered to the *Prothonotary of the Supreme Court/*Registrar of the County Court.  \n*[*if warrant is executed by the Sheriff*] Recover any reasonable costs and expenses incurred in executing the warrant and pay all remaining money recovered to the *Prothonotary of the Supreme Court/*Registrar of the County Court.\n\nYou or your officers must endorse details of execution on this warrant.\n\nIssued at: [*venue*]\n\nIssued by:\n\n[*signature of prothonotary or registrar*]\n\n*Prothonotary/*Registrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 7—Warrant of seizure and sale of surety's property for money due under a forfeited recognisance\n\nRegulation 6(6)(b)\n\nWarrant of Seizure and Sale of surety's Property for Money Due Under a Forfeited Recognisance\n\n(section 5(5) of the **Crown Proceedings Act 1958**)\n\nIn the Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE court order\n\nOn [*date*] the principal and surety entered a recognisance in the amount  \nof $[*amount*].\n\nThe conditions of the recognisance were—\n\n[*set out details*]\n\nThe principal failed to observe a condition of the recognisance and the Magistrates' Court at [*venue*] declared the recognisance forfeited and ordered on [*date*] that the surety pay the amount of $[*amount*].\n\nWARRANT\n\nTo *all police officers/*the Sheriff\n\nThe surety has not paid the amount as ordered.\n\nYou are directed and authorised to:\n\n1. Seize the personal property of the surety.\n\n2. Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.\n\n3. *[*if warrant is executed by a police officer*] Pay all money recovered to the Principal Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.  \n*[*if warrant is executed by the Sheriff*] Recover any reasonable costs and expenses incurred in executing the warrant and pay all remaining money recovered to the Principal Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.\n\nYou or your officers must endorse details of execution on this warrant.\n\nIssued at: [*venue*]\n\nIssued by:\n\n[*signature of registrar*]\n\nRegistrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 8—Warrant to imprison surety for want of seizure and sale of property due under a forfeited recognisance\n\nRegulation 6(6)(c)\n\nWarrant to Imprison surety for want of Seizure and Sale of Property due under a Forfeited Recognisance\n\n(section 5(5) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE court order\n\nOn [*date*] the principal and surety entered into a recognisance in the amount of $[*amount*].\n\nThe conditions of the recognisance were—\n\n[*set out details*]\n\nAs the principal failed to observe a condition of the recognisance, the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*] declared the recognisance forfeited and ordered the surety to pay the amount of $[*amount*].\n\nThe surety has not paid the amount as ordered and no sufficient property has been obtained by seizing and selling property.\n\nAUTHORITY AND DIRECTIONS\n\nTo all police officers:\n\nYou are to demand payment of the amount of recognisance forfeited from the surety. If this amount is paid you must send it immediately to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.\n\nIf the amount is not paid:\n\nYou are authorised to break, enter and search any place where the surety is suspected to be and to take and safely convey the surety to the prison at [*venue*] or any other prison that is more accessible or more convenient and deliver the surety to the officer in charge of the prison with this warrant.\n\nTo the officer in charge of the prison at [*venue*] or any other prison that is more accessible or more convenient—\n\nYou are directed and authorised to receive the surety into your custody and safely keep that person in prison for [*period of time*] unless the surety is otherwise removed or discharged from custody by due course of law.\n\nIf the amount of recognisance forfeited is paid you are to release the surety and immediately send the amount to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.\n\nIssued at: [*venue*]\n\nIssued by:\n\n[*signature of prothonotary or registrar*]\n\n*Prothonotary/*Registrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 9—Notice to police officer executing warrant to imprison against principal or surety of a forfeited recognisance\n\nRegulation 6(7)(a)\n\nNotice to Police OFFICER Executing Warrant to Imprison Against principal or surety of a Forfeited Recognisance\n\n(section 5(9A) of the **Crown Proceedings Act 1958**)\n\nTo the police officer executing the attached warrant to imprison.\n\n**Take notice**—\n\nBefore the execution of this warrant you are required to deliver to the person liable to be imprisoned the attached \"Statement under section 5(9A) of the **Crown Proceedings Act 1958** in the matter of a forfeited recognisance\".\n\nYou must allow the person reasonable time and opportunity to make an application to vary or rescind the order of forfeiture should they so desire.\n\n[*signature of prothonotary or registrar*]\n\n*Prothonotary/*Registrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 10—Statement under section 5(9A) of the Crown Proceedings Act 1958 in the matter of a forfeited recognisance\n\nRegulation 6(7)(b)\n\nStatement under Section 5(9A) of the Crown Proceedings Act 1958 in the Matter of a Forfeited Recognisance\n\n(section 5(9A) of the **Crown Proceedings Act 1958**)\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nTo the *principal/*surety\n\nOn [*date*] the *Supreme/*County/*Magistrates' Court at [*venue*] declared forfeited the recognisance entered by you and ordered that you pay the amount of $[*amount*] to the proper officer of the Court at [*venue*] *immediately/*within [*period of time*].\n\nYou have failed to comply with the order and a warrant to imprison is in the possession of the police officer who has delivered this statement to you. The warrant requires that you go to prison unless you pay the amount specified in the warrant. However, the police officer must give you reasonable time and opportunity, should you so desire, to make an application to vary or rescind the order.\n\n**Take notice**—\n\nThe provisions relating to an application to vary or rescind the forfeiture order are contained in section 5(3) of the **Crown Proceedings Act 1958**, which provides—\n\n1. If a recognisance has been forfeited, any principal or surety may apply to vary or rescind the forfeiture order—\n\n(a) *if you were present in court* when the order was made—within 28 days after the making of the order;\n\n(b) *if you were not present in court* when the order was made—within 28 days after the order first comes to your notice.\n\n2. An application to vary or rescind a forfeiture order must be made to the court that made the order.\n\n3. An application to vary or rescind a forfeiture order must be in writing in the prescribed form and signed by the applicant and must set out the grounds. The application is to be lodged with the proper officer of the court where the application is to be heard within a reasonable time before the hearing.\n\n4. Not less than 28 days before the hearing the applicant must serve or cause to be served personally or by post a true copy of the application—\n\n(a) on the informant or complainant; or\n\n(b) in the case of an indictment—on the Director of Public Prosecutions.\n\n5. At any time after the lodging of the application, the applicant may apply ex parte (without notice) to a court for a stay of proceedings in the matter, and the court may direct the return of any warrant unexecuted or may stay the issue or execution of any warrant pending the determination of the application.\n\n**Do Not Ignore this Notice**\n\nIf you do not understand this notice, you should get someone to interpret it for you immediately.\n\nSeek legal advice.\n\nA legal practitioner can help you decide what steps you need to take.\n\nFor free legal information or to speak to a legal practitioner call:\n\nVictoria Legal Aid [*insert telephone number*]\n\nVictorian Aboriginal Legal Service [*insert telephone number*]\n\n*Delete if inapplicable\n\nForm 11—Order forfeiting an undertaking of bail\n\nRegulation 7(1)\n\nOrder Forfeiting an Undertaking of Bail\n\n(section 6(1A) and (2) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nOn [*date*] the principal/*and surety signed an undertaking of bail requiring the attendance of the principal at the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*].\n\n*The undertaking was extended to [*date*].\n\nThe principal has failed to observe a condition of the undertaking.\n\nThe Court therefore declares bail forfeited and orders—\n\n*that the money deposited by the principal be forfeited and the amount of the bail, being $[*amount*], be paid to the proper officer of the Court at [*venue*].\n\n*that—\n\n(a) the surety pay the amount of $[*amount*] to the proper officer of the Court at [*venue*]\n\n*immediately\n\n*within [*period of time*] after the date of this order; and\n\n(b) in default of payment of the amount in accordance with this order, the amount be obtained by seizing and selling the property of the surety; and\n\n(c) in default of seizure and sale of property, in whole or in part, the surety be imprisoned for the term of [*period of time*].\n\n[*If the surety has lodged cash:*]\n\nIn accordance with section 9(3)(a) of the **Bail Act 1977** the surety has lodged in cash the amount of the bail, being $[*amount*].\n\nThe Court further orders that the cash lodged be forfeited and the amount of the bail be paid to the proper officer of the Court at [*venue*].\n\n[*signature of judge or magistrate*]\n\n*Judge/*Magistrate\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 12—Notice to surety of an undertaking of bail forfeited in their absence\n\nRegulation 7(2)\n\nNotice to surety of an Undertaking of Bail Forfeited in THEIR Absence\n\n(section 6(3) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nTo the surety.\n\nOn [*date*] you signed an undertaking of bail requiring the attendance of the principal at the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*].\n\n*The undertaking was extended to [*date*].\n\n* You lodged in cash the amount of the bail, being $[*amount*].\n\n* You lodged evidence of ownership and value of property to the amount of the bail, being $[*amount*].\n\nThe principal has failed to observe a condition of the undertaking.\n\nThe Court on [*date*] declared bail forfeited and ordered—\n\n*that—\n\n(a) you as surety pay the amount of $ [*amount*] to the proper officer of the Court at [*venue*]\n\n*immediately\n\n*within [*period of time*] after the date of this order; and\n\n(b) in default of payment of the amount in accordance with the order, the amount be obtained by seizure and sale of your property; and\n\n(c) in default of seizure and sale of your property, in whole or in part, you be imprisoned for the term of [*period of time*].\n\n*further that the cash lodged by you be forfeited and the amount of the bail be paid to the proper officer of the Court at [*venue*].\n\nYOU HAVE 28 DAYS FROM THE DATE OF THE ORDER IN WHICH TO PAY THE AMOUNT DUE UNDER THE ORDER, OR TO OBTAIN AN INSTALMENT ORDER, OR TO APPLY TO VARY OR RESCIND THE ORDER\n\n**Take notice**—\n\n*a warrant of seizure and sale\n\n*a warrant to seize property\n\nwill issue after the expiration of 28 days after the date of the order unless—\n\n(a) the amount due under the order is paid; or\n\n(b) an order is made for the payment of the amount by instalments; or\n\n(c) within 28 days from receipt of this notice, application to vary or rescind the order is made to the court where bail was forfeited.\n\n[*signature of proper officer of the Court*]\n\nProper officer of the Court\n\nDate:\n\n*Delete if inapplicable\n\nForm 13—Application to vary or rescind order in the matter of a forfeited undertaking\n\nRegulation 7(3)\n\nApplication to Vary or Rescind Order in the Matter of a Forfeited Undertaking\n\n(section 6(5) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE COURT ORDER\n\nOn [*date*] the principal and surety signed an undertaking of bail requiring the attendance of the principal at the *Supreme/*County/*Magistrates' Court at [*venue*]  on [*date*].\n\nAs the principal failed to observe a condition of the undertaking, the Court on [*date*] declared bail forfeited and ordered that—\n\n(a) I, the surety, pay the amount of $[*amount*] to the proper officer of the *Supreme/*County/*Magistrates' Court at [*venue*]\n\n*immediately\n\n*within [*period of time*] after the date of the order; and\n\n(b) in default of payment of the amount in accordance with the order, the amount be obtained by seizure and sale of my property; and\n\n(c) in default of the amount being obtained by seizure and sale of my property, I be imprisoned for the term of [*period of time*].\n\nAPPLICATION to vary or rescind order\n\nUnder section 6(4) of the **Crown Proceedings Act 1958** I apply for an order to vary or rescind the order on the ground that it would be unjust to require me to pay the amount undertaken to be paid. I give notice that I intend to apply to the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*] at [*time*].\n\nThe reasons for my application are—\n\n[*give details*]\n\nDate: [*date*]\n\n[*signature of applicant*]\n\nApplicant\n\nTo the proper officer of the Court at [*venue*]\n\nand to\n\n*the Director of Public Prosecutions\n\n*the informant or complainant\n\n*the officer in charge of the police station at [*venue*]\n\n*Delete if inapplicable\n\nForm 14—Application for a stay of proceedings in the matter of a forfeited undertaking\n\nRegulation 7(4)\n\nApplication for a Stay of Proceedings in the Matter of a Forfeited Undertaking\n\n(section 6(7) of the **Crown Proceedings Act 1958**)\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE court order\n\nThe order declaring the undertaking forfeited was made by the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*].\n\nDETAILS OF THE APPLICATION to vary or rescind order\n\nThe application to vary or rescind the order was lodged with the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*].\n\nAPPLICATION FOR STAY OF PROCEEDINGS\n\nI, the surety\n\nof [*address*]\n\napply to the *Supreme/*County/*Magistrates' Court at [*venue*] for a stay of proceedings pending the hearing of my application to vary or rescind the order which declared the undertaking forfeited.\n\nThis application is ex parte (without notice).\n\n[*signature of surety*]\n\nORDER\n\nPending determination of the application of the surety to vary or rescind the order declaring the undertaking forfeited, it is ordered that proceedings against the surety be stayed and it is directed that—\n\n* any warrant issued in the case must be returned unexecuted.\n\n* the issue or execution of any warrant be stayed pending the determination of the application.\n\nDate: [*date*]\n\n[*signature of judge or magistrate*]\n\n*Judge/*Magistrate\n\nThis document is to be filed with the court which declared the undertaking forfeited immediately after the order has been signed.\n\n*Delete if inapplicable\n\nForm 15—Warrant of seizure and sale of surety's property for money due under a forfeited undertaking of bail\n\nRegulation 7(5)(a)\n\nWarrant of Seizure and Sale of surety's Property for Money Due under a Forfeited Undertaking of Bail\n\n(section 6(9) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE court order\n\nOn [*date*] the principal and surety signed an undertaking of bail. The conditions of the undertaking were—\n\n[*set out details*]\n\nThe principal failed to observe a condition of the undertaking and the *Supreme/*County Court at [*venue*] declared the bail forfeited and ordered on [*date*] that the surety pay the amount of $[*amount*].\n\nWARRANT\n\nTo *all police officers/*the Sheriff\n\nThe surety has not paid the amount as ordered.\n\nYou are directed and authorised to:\n\n1. Seize the personal property of the surety.\n\n2. Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.\n\n3. *[*if warrant is executed by a police officer*] Pay all money recovered to the *Prothonotary of the Supreme Court/*Registrar of the County Court.  \n*[*if warrant is executed by the Sheriff*] Recover any reasonable costs and expenses incurred in executing the warrant and pay all remaining money recovered to the *Prothonotary of the Supreme Court/*Registrar of the County Court.\n\nYou or your officers must endorse details of execution on this warrant.\n\nIssued at: [*venue*]\n\nIssued by:\n\n[*signature of prothonotary or registrar*]\n\n*Prothonotary/*Registrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 16—Warrant of seizure and sale of surety's property for money due under a forfeited undertaking of bail\n\nRegulation 7(5)(b)\n\nWarrant of Seizure and Sale of surety's Property for Money Due under a Forfeited Undertaking of Bail\n\n(section 6(9) of the **Crown Proceedings Act 1958**)\n\nIn the Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE court order\n\nOn [*date*] the principal and surety signed an undertaking of bail. The conditions of the undertaking were—\n\n[*set out details*]\n\nThe principal failed to observe a condition of the undertaking and the Magistrates' Court at [*venue*] declared the bail forfeited and ordered on [*date*] that the surety pay the amount of $[*amount*].\n\nWARRANT\n\nTo *all police officers/*the Sheriff\n\nThe surety has not paid the amount as ordered.\n\nYou are directed and authorised to:\n\n1. Seize the personal property of the surety.\n\n2. Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.\n\n3. *[*if warrant is executed by a police officer*] Pay all money recovered to the Principal Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.  \n*[*if warrant is executed by the Sheriff*] Recover any reasonable costs and expenses incurred in executing the warrant and pay all remaining money recovered to the Principal Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.\n\nYou or your officers must endorse details of execution on this warrant.\n\nIssued at: [*venue*]\n\nIssued by:\n\n[*signature of registrar*]\n\nRegistrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 17—Warrant to imprison surety for want of seizure and sale of property due under a forfeited undertaking\n\nRegulation 7(5)(c)\n\nWarrant to Imprison surety for Want of Seizure and Sale of Property Due under a Forfeited Undertaking\n\n(section 6(9) of the **Crown Proceedings Act 1958**)\n\nIn the *Supreme/*County/*Magistrates' Court of\n\nVictoria at [*venue*] Court Reference: [*reference number*]\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nDETAILS OF THE court order\n\nOn [*date*] the principal and surety signed an undertaking of bail. The conditions of the undertaking were—\n\n[*set out details*]\n\nAs the principal failed to observe a condition of the undertaking, the *Supreme/*County/*Magistrates' Court at [*venue*] on [*date*] declared bail forfeited and ordered the surety to pay the amount of $[*amount*].\n\nThe surety has not paid the amount as ordered and no sufficient property has been obtained by seizing and selling property.\n\nAUTHORITY AND DIRECTIONS\n\nTo all police officers:\n\nYou are to demand payment of the amount forfeited from the surety. If this amount is paid you must send it immediately to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.\n\nIf the amount is not paid:\n\nYou are authorised to break, enter and search any place where the surety is suspected to be and are directed and authorised, unless the amount is sooner paid to you, to take and safely convey the surety to the prison at [*venue*] or any other prison that is more accessible or more convenient and deliver the surety to the officer in charge of that prison with this warrant.\n\nTo the officer in charge of the prison at [*venue*] or any other prison that is more accessible or more convenient—\n\nYou are directed and authorised to receive the surety into your custody and safely keep them in prison for [*period of time*] unless the surety is otherwise removed or discharged from custody by due course of law.\n\nIf the amount of the undertaking forfeited is paid you are to release the surety and immediately send the amount to the *Prothonotary of the Supreme Court/*Registrar of the County Court/*Principal Registrar of the Magistrates' Court.\n\nIssued at: [*venue*]\n\nIssued by:\n\n[*signature of prothonotary or registrar*]\n\n*Prothonotary/*Registrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 18—Notice to police officer executing warrant to imprison against surety of a forfeited undertaking\n\nRegulation 7(6)(a)\n\nNotice to Police officer Executing Warrant to Imprison Against surety of a Forfeited Undertaking\n\n(section 6(10) of the **Crown Proceedings Act 1958**)\n\nTo the police officer executing the attached warrant to imprison.\n\n**Take notice**—\n\nBefore the execution of this warrant you are required to deliver to the person liable to be imprisoned the attached \"Statement under section 6(10) of the **Crown Proceedings Act 1958** in the matter of a forfeited undertaking\".\n\nYou must allow the person reasonable time and opportunity to make an application to vary or rescind the order of forfeiture should they so desire.\n\nIssued at: [*venue*]\n\nIssued by:\n\n[*signature of prothonotary or registrar*]\n\n*Prothonotary/*Registrar\n\nDate: [*date*]\n\n*Delete if inapplicable\n\nForm 19—Statement under section 6(10) of the Crown Proceedings Act 1958 in the matter of a forfeited undertaking\n\nRegulation 7(6)(b)\n\nStatement under Section 6(10) of the Crown Proceedings Act 1958 in the Matter of a Forfeited Undertaking\n\n(section 6(10) of the **Crown Proceedings Act 1958**)\n\nPrincipal [*full name*]  \n[*address*]\n\nSurety [*full name*]  \n[*address*]\n\nTo the surety.\n\nOn [*date*] the *Supreme/*County/*Magistrates' Court at [*venue*] declared forfeited the undertaking of bail signed by you and ordered that you pay the amount of $[*amount*] to the proper officer of the Court at [*venue*] *immediately/*within [*period of time*].\n\nYou have failed to comply with the order and a warrant to imprison is in the possession of the police officer who has delivered this statement to you. The warrant requires that you go to prison unless you pay the amount specified in the warrant. However, the police officer must give you reasonable time and opportunity, should you so desire, to make an application to vary or rescind the order.\n\n**Take notice**—\n\nThe provisions relating to the application to vary or rescind the forfeiture order are contained in section 6(4) to (7) of the **Crown Proceedings Act 1958**, which provides—\n\n1. If bail is declared to be forfeited, any surety may apply to vary or rescind the forfeiture order—\n\n(a) *if you were present in court* when the order was made—within 28 days after the making of the order;\n\n(b) *if you were not present in court* when the order was made—within 28 days after the order first comes to your notice.\n\n2. An application to vary or rescind a forfeiture order must be made to the court that made the order.\n\n3. An application to vary or rescind a forfeiture order must be in writing in the prescribed form signed by the applicant and must set out the grounds. The application is to be lodged with the proper officer of the court where the application is to be heard within a reasonable time before the hearing.\n\n4. Not less than 28 days before the hearing the applicant must serve or cause to be served personally or by post a true copy of the application—\n\n(a) on the informant or complainant; or\n\n(b) if the informant is a police officer—on the officer in charge of the police station nearest to the court where the application is to be heard; or\n\n(c) in the case of an indictment or an appeal—on the Director of Public Prosecutions.\n\n5. At any time after the lodging of the application, the applicant may apply ex parte (without notice) to a court for a stay of proceedings in the matter, and the court may direct the return of any warrant unexecuted or may stay the issue or execution of a warrant pending the determination of the application.\n\n**Do Not Ignore this Notice**\n\nIf you do not understand this notice, you should get someone to interpret it for you immediately.\n\nSeek legal advice.\n\nA legal practitioner can help you decide what steps you need to take.\n\nFor free legal information or to speak to a legal practitioner call:\n\nVictoria Legal Aid [*insert telephone number*]\n\nVictorian Aboriginal Legal Service [*insert telephone number*]\n\n*Delete if inapplicable\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Crown Proceedings Regulations 2021, S.R. No. 152/2021 were made on 7 December 2021 by the Governor in Council under sections 5(3)(e) and 6(8) of the **Crown Proceedings Act 1958**, No. 6232/1958 and came into operation on 12 December 2021: regulation 3.\n\nThe Crown Proceedings Regulations 2021 will sunset 10 years after the day of making on 7 December 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Crown Proceedings Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 151/2011. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to determine whether the scope of these regulations changed from their original intent. The document contains only version history and metadata, with no substantive regulatory text to compare against any original purpose."},"complexity_factors":["The document as provided contains virtually no substantive legislative content — only metadata and version history headers","Crown proceedings law can itself be complex, involving government immunity principles and procedural rules, but none of that content is visible here","Unable to assess actual regulatory provisions, definitions, or obligations due to absent text","The low score reflects the near-total absence of analysable content rather than the simplicity of the subject matter"],"plain_english_summary":"These regulations govern procedural and administrative rules for legal proceedings involving the Crown — i.e., actions against or by state or territory government bodies. They affect anyone litigating with a government entity and matter because they determine how claims are filed, served, and progressed.\n\nNote: the provided document lacks the substantive regulatory text, so specific provisions and detailed requirements could not be confirmed."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These Regulations do not expand the substantive powers in the Crown Proceedings Act 1958. They revoke the 2011 Regulations and standardise the templates and procedural mechanics (orders, notices, warrants, statements, and applications) used to implement sections 5 and 6 of the Act (Reg 4; Reg 6–7). The instrument changes presentation and procedure rather than who is liable or what enforcement powers exist."},"complexity_factors":["Narrow, procedural scope: the instrument only prescribes forms and notices (Reg 1; Reg 6–7).","Large number of forms (Forms 1–19) creates volume and repetition but little substantive variation.","Cross‑references to the Crown Proceedings Act 1958: forms implement processes in sections 5 and 6 of the Act (Reg 2; forms cite sections).","Enforcement mechanics embedded in forms: authorisations for police/sheriff to break/enter, seize property and imprison (Forms 5, 6–8, 15–17).","Deadlines and procedural rights set by forms: 28‑day windows for applications to vary or rescind forfeiture and requirements for stays (Forms 2, 9–10, 12, 19).","Interaction with other legislation limited but present (reference to Bail Act 1977 in Form 11 and Subordinate Legislation Act sunset in endnotes).","Administrative burden concentrated on court registries and enforcement agencies to issue, deliver and execute prescribed forms (many forms require registrar/prothonotary action)."],"plain_english_summary":"These Regulations prescribe the standard court forms and notices used under the Crown Proceedings Act 1958 for forfeiture of recognisances and undertakings of bail, and for related warrants, seizure, imprisonment and stay applications. They apply to principals, sureties, courts, police, sheriffs and court registries.\n\nThey replace the 2011 regulations and allocate enforcement tasks and costs to principals and sureties, set 28‑day application windows for varying or rescinding forfeiture orders, and authorise police/sheriffs and courts to execute warrants and seize property."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose of prescribing forms for bail and recognisance forfeiture proceedings under the Crown Proceedings Act 1958. It is a direct replacement of the 2011 regulations with updated forms, showing no scope creep beyond the original administrative function."},"complexity_factors":["Only 1 defined term ('the Act') in the interpretation section","Straightforward structure: 7 regulations prescribing 19 specific forms","No nested exceptions or conditional logic chains","Minimal cross-referencing—only references to specific sections of the parent Act (Crown Proceedings Act 1958)","Forms are repetitive templates with bracketed variables rather than complex legal provisions","No transitional provisions, saving clauses, or intricate commencement mechanics"],"plain_english_summary":"This legislation is a set of rules made under Victoria's Crown Proceedings Act 1958. It provides standardised court forms for when someone breaks their bail conditions or fails to appear in court.\n\n**What it covers:**\n- **Recognisances** (a formal promise to appear in court, often with a money guarantee): When someone fails to show up, the court can order them or their guarantor (called a 'surety') to pay money. If they don't pay, they can be imprisoned or have their property seized and sold.\n- **Bail undertakings** (a written promise to attend court): Similar process—if the accused person skips court, the surety who guaranteed their appearance can be forced to pay up, with imprisonment as a last resort.\n\n**Who it affects:**\n- People accused of crimes who fail to appear in court (principals)\n- People who act as guarantors for accused persons (sureties)\n- Police officers who execute warrants\n- Court staff who process these orders\n\n**Why it matters:**\nThese forms ensure everyone follows the same legal process when bail is forfeited. They protect sureties by giving them 28 days to pay, apply to vary the order, or seek legal help before police can arrest them or seize property. The forms also include mandatory warnings about legal rights and access to legal aid."}},"importantCases":[],"_links":{"self":"/api/acts/crown-proceedings-regulations-2021","history":"/api/acts/crown-proceedings-regulations-2021/history","analysis":"/api/acts/crown-proceedings-regulations-2021/analysis","conflicts":"/api/acts/crown-proceedings-regulations-2021/conflicts","importantCases":"/api/acts/crown-proceedings-regulations-2021/important-cases","documents":"/api/acts/crown-proceedings-regulations-2021/documents"}}