{"id":"sr:magistrates-court-criminal-procedure-rules-2019","name":"Magistrates' Court Criminal Procedure Rules 2019","slug":"magistrates-court-criminal-procedure-rules-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181602,"registerId":"vic-sr:magistrates-court-criminal-procedure-rules-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Commencing a procedure 8","content":"Part 1—Commencing a procedure 8\n\n13AA Electronic filing of charge-sheet 8\n\n13 Prescribed forms for commencing a criminal proceeding 8\n\n14 Information to be included in process served 8\n\n15 Affidavit of service 9\n\n16 Form of notice to appear and filing 10\n\n17 When the Court directs that a person be prosecuted for contempt 10\n\nPart 2—Case management and disclosure 10\n\n18 Pre-hearing disclosure notice 10\n\n19 Preliminary brief prescribed notice 11\n\n20 Full brief prescribed notice 11\n\nPart 3—Applications, orders and notices 11\n\n21 Adjournment of a proceeding by a registrar 11\n\n22 Summary case conference 12\n\n23 Request for contested summary hearing 12\n\n25 Registrar or judicial registrar may dispense with summary case conference requirement 12\n\n26 Witness summons in a criminal proceeding 12\n\n27 Subpoenas relating to confidential communications and protected health information 13\n\n27A Notice to protected person 14\n\n28 Notice of alibi 14\n\n29 Objection to production and inspection of protected documents and things 14\n\n30 Case abridgement application 14\n\n31 Issuing of certificate to a victim of identity crime 15\n\n32 Caution to be given to person charged 15\n\n33 Certifying payment to Crown witness 15\n\n34 Registration exemption orders 15\n\n35 Application for rehearing 17\n\nPart 4—Adjournment of criminal proceedings 17\n\n36 Request for adjournment 17\n\n40 Dispensing with compliance 18\n\nOrder 3—Warrants 19\n\n41 Form of a warrant to arrest and issue for non‑appearance of the accused 19\n\n42 Form of a search warrant 19\n\n43 Form of a remand warrant 19\n\n44 Form of a warrant to imprison 19\n\n45 Form of a warrant to imprison for unpaid fines 19\n\n46 Warrant to seize property application 19\n\n47 Execution of warrant to seize property 19\n\n48 Application of Supreme Court rules, practice and procedure 20\n\nOrder 4—Committal proceeding 21\n\nPart 1—Appearance 21\n\n49 Notice of appearance 21\n\n50 Prosecution to provide relevant contact details 21\n\n51 Legal practitioner ceasing to act 22\n\nPart 2—Service 22\n\n52 Mode of service 22\n\n53 Copy of document served by electronic communication to be provided upon request 23\n\nPart 4—Compulsory examination procedure 23\n\n55 Form of application 23\n\n56 Form of notice of order 23\n\nPart 5—Pre-hearing disclosure 23\n\n57 Notice and list of information or other documents to accompany hand-up brief 23\n\n58 Application to permit accused to be absent from committal hearing 24\n\nPart 6—Case direction 24\n\n59 Prescribed form of case direction notice 24\n\n59A Notice of issues to be addressed at committal case conference 25\n\nPart 7—Committal mention and case conference 25\n\n60 Notice of committal proceeding 25\n\n61 Application to Court to fix a longer period for the holding of a committal mention hearing 25\n\n62 Committal checklist 26\n\n63 Closing of a committal case conference 26\n\nPart 8—Committal hearing 26\n\n64 Application for a joint committal 26\n\nPart 9—Determination of committal proceeding 27\n\n66 Notice of election to stand trial 27\n\n67 Committal caution 27\n\n68 Alibi caution 27\n\n69 Legal aid warning 27\n\nPart 10—General 28\n\n70 Applications for summary hearing of indictable offences 28\n\n71 Form of application 28\n\n72 Filing of application 28\n\n73 Service of application 28\n\n74 Application for a special mention hearing 28\n\n75 Parties may request registrar to cancel a special mention hearing 29\n\n76 Statements prepared in another jurisdiction 29\n\nOrder 5—Appeals 30\n\nPart 1—Appeals to the County Court and Supreme Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 30\n\n77 Definition 30\n\n78 Procedure on appeal from Magistrates' Court to appropriate court 30\n\n79 Recall and cancel process when an application for a stay is granted 32\n\n80 Application for leave following late filing of appeal to the appropriate court 32\n\n81 Application to set aside an order striking out an appeal in the appropriate court 32\n\nPart 2—Appeals to the Supreme Court under Part 6.2 of Chapter 6 of the Criminal Procedure Act 2009 33\n\n82 Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law 33\n\n83 When the Supreme Court stays a Magistrates' Court order 33\n\n84 When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court 33\n\nOrder 6—Authentication of orders and warrants 34\n\n85 Certified extract of an order 34\n\n86 Particulars of warrants to be entered in the register 34\n\n87 Authentication of warrants 34\n\n88 Authentication of a digital recording 35\n\nOrder 7—Transfer of summary proceedings 36\n\n89 Transfer of related summary proceeding on or after committal to the Supreme Court or County Court 36\n\n90 Transfer of an offence that a magistrate refused to hear and determine summarily 36\n\n91 Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court 36\n\nOrder 8—General 38\n\n92 Last known place of residence or business for the purpose of service 38\n\n93 Issue of some warrants to seize property 39\n\n94 Prescribed person or member of a class of persons who may witness statements 39\n\nOrder 9—Audio visual or audio linking 41\n\n95 Definition 41\n\n96 Application for the physical appearance of an accused under section 42L of the Act 41\n\n97 Application for appearance of an accused by audio visual link under section 42M of the Act 41\n\nOrder 10—Fines 42\n\n98 Definitions 42\n\n99 Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order 42\n\n100 Consideration of application 43\n\n101 Determination of the application 43\n\n102 Enforcement of fines against a natural person 44\n\n103 Enforcement of fines against body corporate 44\n\n104 Summons for warrant to seize property returned unsatisfied 45\n\n105 Declaration of liability of a director for offence of body corporate 45\n\nOrder 11—Procedure under the Open Courts Act 2013 47\n\n106 Definitions 47\n\n107 Notice of application for suppression order 47\n\n108 Notice of application to review suppression order 47\n\nForm 1—Charge-sheet 48\n\nForm 2—Continuation of charges 51\n\nForm 3—Charge-sheet and summons 53\n\nForm 4—Charge-sheet and summons (corporate accused) 55\n\nForm 5—Charge-sheet and warrant to arrest 58\n\nForm 6—Do not ignore this notice 60\n\nForm 7—Notice to appear 61\n\nForm 8—Pre-hearing disclosure notice for matters to be determined summarily 64\n\nForm 9—Pre-hearing disclosure notice for matters to be determined by a committal proceeding 67\n\nForm 10—Notice accompanying preliminary brief 69\n\nForm 11—Notice accompanying full brief 72\n\nForm 11A—Summary case conference form 76\n\nForm 12—Request for contested summary hearing 77\n\nForm 13—Witness summons 81\n\nForm 13A—Notice of intention to apply for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 83\n\nForm 13B—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 85\n\nForm 14—Notice of alibi 88\n\nForm 15—Case abridgement application 89\n\nForm 16—Application—identity crime 90\n\nForm 17—Identity crime certificate 91\n\nForm 18—Application for a rehearing 92\n\nForm 19—Warrant to arrest 94\n\nForm 20—Search warrant 96\n\nForm 21—Remand warrant 98\n\nForm 22—Warrant to imprison 100\n\nForm 23—Warrant to imprison 103\n\nForm 24—Warrant to seize property 105\n\nForm 25—Notice of appearance 107\n\nForm 25A—Notice that legal practitioner has ceased to act 108\n\nForm 26—Application for compulsory examination 109\n\nForm 27—Notice of order 110\n\nForm 28—Notice of order 112\n\nForm 29—Notice of committal mention date and hand-up brief 114\n\nForm 30—List of information or other documents included in hand-up brief 118\n\nForm 31—Application 121\n\nForm 32—Case direction notice—proceedings to which section 123 of the Criminal Procedure Act 2009 does not apply and/or for which Part 4.6A of that Act does not require early committal 122\n\nForm 32A—Case direction notice—proceedings to which section 123 of the Criminal Procedure Act 2009 applies and/or for which Part 4.6A of that Act requires early committal 126\n\nForm 32B—Case direction notice—committal case conference issues 129\n\nForm 33—Notice of committal proceeding 130\n\nForm 34—Application for the fixing of a longer period for the holding of a committal mention hearing 132\n\nForm 34A—Committal checklist 133\n\nForm 36—Application for joint committal 135\n\nForm 37—Caution to be given to person charged 137\n\nForm 38—Election to stand trial 138\n\nForm 39—Committal caution 139\n\nForm 40—Alibi caution 140\n\nForm 43—Certified extract 141\n\nForm 45—Notice of application for direction that accused appear physically before court 142\n\nForm 46—Notice of application for direction that accused appear before court by audio visual link 143\n\nForm 47—Application for order to pay a fine by instalments, for time to pay a fine or to vary or cancel an order 145\n\nForm 48—Application for fine conversion order 147\n\nForm 48A—Fine conversion order 149\n\nForm 49—Consent to the making of a fine default unpaid community work order 151\n\nForm 50—Notice about the procedures for enforcement of fines 153\n\nForm 51—Notice about the procedure for enforcement of a fine (bodies corporate) 155\n\nForm 52—Fine default unpaid community work order 156\n\nForm 53—Summons for failure to pay a fine 158\n\nForm 54—Application for suppression order 160\n\nForm 55—Application to review a suppression order 162\n\nForm 56—Application for registration exemption order 164\n\n","sortOrder":0},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Revoked statutory rules 165","content":"Schedule 1—Revoked statutory rules 165\n\n═════════════\n\nEndnotes 167\n\n1 General information 167\n\n2 Table of Amendments 169\n\n3 Explanatory details 170\n\n**Version No.** **008**\n\n**Magistrates' Court Criminal Procedure Rules 2019**\n\n**S.R. No. 143/2019**\n\nVersion incorporating amendments as at  \n\nThe Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:\n\nOrder 1—Preliminary\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Title and object","content":"\t1 Title and object\n\n(1) These Rules constitute Chapter III of the Rules of the Magistrates' Court and are titled the Magistrates' Court Criminal Procedure Rules 2019.\n\n(2) The object of these Rules is to provide for practice and procedure in all criminal proceedings in the Magistrates' Court of Victoria.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Authorising provisions","content":"\t2 Authorising provisions\n\nThese Rules are made under section 16 of the **Magistrates' Court Act 1989** and section 419 of the **Criminal Procedure Act 2009** and all other enabling powers.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"\t3 Commencement\n\nThese Rules come into operation on 13 December 2019.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Revocations","content":"\t4 Revocations\n\nThe Rules set out in Schedule 1 are **revoked**.\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Overriding objective","content":"\t5 Overriding objective\n\n(1) The overriding objective of these Rules is to enable the Court to secure the just and timely determination of every criminal proceeding.\n\n(2) Dealing with a case in a just and timely manner includes, so far as is practicable, the following—\n\n(a) ensuring simplicity in procedure, fairness in administration and the elimination of unnecessary delay;\n\n(b) efficiently determining all the issues in the case;\n\n(c) ensuring an appropriate allocation of the Court's resources, while taking into account the needs of other cases.\n\n(3) The Court, where practicable, must further the overriding objective by actively case managing criminal proceedings to—\n\n(a) promote the early resolution of summary proceedings; and\n\n(b) facilitate accurate and early disclosure of the prosecution case once a proceeding is commenced; and\n\n(c) encourage parties to discuss issues in dispute relating to disclosure and negotiate outcomes; and\n\n(d) decide the order in which the issues are to be resolved; and\n\n(e) fix timetables or otherwise manage the progress of the case; and\n\n(f) make use of technology to further the overriding objective; and\n\n(g) give directions to ensure that the hearing of a case proceeds in a timely and efficient manner.\n\n(4) In exercising any power under these Rules or interpreting any Rule the Court must seek to give effect to the overriding objective.\n\n(5) The parties are required to assist the Court to further the overriding objective and to ensure that cases are dealt with fairly and expeditiously.\n\n(6) For the purposes of paragraph (5) the parties are required to assist the Court to minimise delay between the date of commencement of proceedings and their final determination, other than as required to identify the factual and legal issues genuinely in dispute, and for sentencing purposes.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"\t6 Definitions\n\nIn these Rules—\n\nRule 6 def. of *Electronic Filing Appearance System* inserted by S.R. No. 101/2022 rule 5.\n\n***Electronic Filing Appearance System*** means the computer system in operation in the Court from time to time which is used to manage court appearances and the adjournment of proceedings;\n\n***endorse*** means to mark on a file or document the date and venue of the Court;\n\n***family violence criminal proceeding*** means a criminal proceeding for an offence arising out of an act of family violence;\n\n***process*** has the same meaning as it has in section 3(1) of the **Magistrates' Court Act 1989**;\n\n***register*** means the register of all the orders of theCourt and other matters kept under section 18 of the **Magistrates' Court Act 1989**;\n\n***registrar*** means a registrar or deputy registrar of the Magistrates' Court;\n\n***Roads Corporation*** has the same meaning as Corporation  has in the **Road Safety Act 1986**;\n\n***the Court*** means the Magistrates' Court of Victoria.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Proper officers","content":"\t7 Proper officers\n\nThe proper officers of the Court are—\n\n(a) for the purposes of Part 3B of the **Sentencing Act 1991**—all registrars and deputy registrars; and\n\n(b) for the purposes of sections 72(4)(b) and 75(4)(b) of the **Sentencing Act 1991**—all registrars; and\n\n(c) for the purposes of section 83AJ(3) of the **Sentencing Act 1991**—all registrars; and\n\nRule 7(d) amended by S.R. No. 5/2022 rule 4(a).\n\n(d) for the purposes of section 173(7) of the **Serious Offenders Act 2018**—all registrars; and\n\nRule 7(e) inserted by S.R. No. 5/2022 rule 4(b).\n\n(e) for the purposes of section 175(4) of the **Serious Offenders Act 2018**—all registrars.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Interpretation and application","content":"\t8 Interpretation and application\n\n(1) These Rules apply to every criminal proceeding in the Court whether commenced before, on or after the commencement of these Rules, except where otherwise provided by any other Act or regulation or these Rules.\n\n(2) The Court may make any orders necessary to give effect to the operation of these Rules in relation to a proceeding commenced on or before the commencement of these Rules.\n\n(3) In exercising any power under these Rules, the Court may give any direction or impose any terms it thinks fit.\n\n(4) The Court may exercise any power under these Rules—\n\n(a) of its own motion; or\n\n(b) on the application of—\n\n(i) a party; or\n\n(ii) any person having a sufficient interest in the proceeding.\n\n(5) If these Rules do not make provision or sufficient provision for a matter, the Court may give any directions or rulings about the matter that the Court considers appropriate.\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Non-compliance","content":"\t9 Non-compliance\n\n(1) Non-compliance with a Rule does not invalidate a proceeding, unless the Court directs or orders otherwise.\n\n(2) The Court may dispense with compliance with any of these Rules, either before or after the occasion for compliance arises.\n\n(3) In addition to paragraph (2), the Court may—\n\n(a) set aside all or part of the proceeding; or\n\n(b) make any other order it considers appropriate.\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Content and form of documents","content":"\t10 Content and form of documents\n\n(1) A document other than a form prescribed by these Rules prepared by a party for use in the Court must be prepared in accordance with this Rule.\n\n(2) A document must—\n\n(a) be headed \"In the Magistrates' Court of Victoria at\" stating the venue of the Court in which the proceeding is to be heard and determined; and\n\n(b) show any identifying number assigned by the Court to the proceeding.\n\n(3) A document must contain on the front sheet—\n\n(a) the title of the proceeding and any identifying number; and\n\n(b) a short description of the document; and\n\n(c) the name of the party on whose behalf it is filed; and\n\nRule 10(3)(d) amended by S.R. No. 129/2023 rule 5.\n\n(d) if a legal practitioner prepares the document, the name, address, email address, telephone number, name of the legal practitioner's firm, code reference of the legal practitioner's firm and the legal practitioner's reference; and\n\n(e) if the party on whose behalf the document is filed acts without a legal practitioner, the name, address, email address and telephone number of the party.\n\n(4) The text of a document must be clear, sharp, legible and permanent.\n\n(5) A document must not bear any erasure or alteration that causes material disfigurement.\n\n(6) The Court may require any document in a proceeding to be prepared in any manner it thinks fit.\n\n(7) Dates, amounts and other numbers must be expressed in figures and not in words.\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Stamping of filed documents","content":"\t11 Stamping of filed documents\n\nAny document filed with the Court shall be stamped by a registrar with the date and venue of the Court.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Procedure under the Vexatious Proceedings Act 2014","content":"\t12 Procedure under the Vexatious Proceedings Act 2014\n\nOrder 12 of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2010[[1]](#endnote-1) applies with any necessary modification to, and in relation to, a proceeding to which these Rules relate.\n\nOrder 2—Criminal procedure\n\nPart 1—Commencing a procedure\n\nRule 13AA inserted by S.R. No. 80/2020 rule 3.\n\n\t13AA Electronic filing of charge-sheet\n\nFor the purposes of section 6(1)(a) of the **Criminal Procedure Act 2009** a charge-sheet may also be filed by email with a registrar.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Prescribed forms for commencing a criminal proceeding","content":"\t13 Prescribed forms for commencing a criminal proceeding\n\nThe prescribed form for—\n\n(a) a charge-sheet is Form 1; and\n\n(b) a continuation of charges is Form 2; and\n\n(c) a charge-sheet and summons is Form 3; and\n\n(d) a charge-sheet and summons (corporate accused) is Form 4; and\n\n(e) a charge-sheet and warrant to arrest is Form 5.\n\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Information to be included in process served","content":"\t14 Information to be included in process served\n\n(1) In a criminal proceeding information in Form 6 must be included with and form part of—\n\n(a) any originating process served on an accused; and\n\n(b) any process served on a witness; and\n\n(c) any witness summons served on a person.\n\nForms prescribed under Rule 13 are all examples of originating process documents.\n\n(2) Information in Form 6 must be included with and form part of any originating process and any other document served on a person in a proceeding for enforcement of a fine.\n\n(3) Form 6 must be included in and form part of—\n\n(a) any notice to appear; and\n\n(b) any notice accompanying a preliminary brief; and\n\n(c) any notice accompanying a full brief.\n\n(4) The information in Form 6 must be available in—\n\n(a) English; and\n\n(b) Mandarin; and\n\n(c) Punjabi; and\n\n(d) Dari; and\n\n(e) Persian; and\n\n(f) Dinka; and\n\n(g) Arabic; and\n\n(h) Vietnamese; and\n\n(i) Turkish; and\n\n(j) Thai; and\n\n(k) Hindi; and\n\n(l) Swahili; and\n\n(m) Cantonese.\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Affidavit of service","content":"\t15 Affidavit of service\n\n(1) An affidavit of service must be in the first person.\n\n(2) In the case of personal service of a document under section 391 of the **Criminal Procedure Act 2009**, an affidavit of service of a document must state the following—\n\n(a) who served the document and the person's occupation;\n\n(b) the time, day of the week and date on which it was served;\n\n(c) the place of service;\n\n(d) the manner of identification of the person served.\n\n(3) In any other case of service of a document under sections 392, 393 and 394 of the **Criminal Procedure Act 2009** the affidavit of service must state with relevant dates the facts constituting service.\n\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Form of notice to appear and filing","content":"\t16 Form of notice to appear and filing\n\n(1) A notice to appear served under section 21 of the **Criminal Procedure Act 2009** must be in Form 7.\n\n(2) A notice to appear is to be filed at the Magistrates' Court venue nominated on the notice with a charge-sheet and affidavit of service or declaration of service for the purposes of section 22 of the **Criminal Procedure Act 2009**.\n\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"When the Court directs that a person be prosecuted for contempt","content":"\t17 When the Court directs that a person be prosecuted for contempt\n\nWhen the Court directs that a person be arrested or brought before the Court for contempt under sections 133 and 134 of the **Magistrates' Court Act 1989** the Court is to inform the accused of the contempt by providing the charge-sheet to the accused.\n\n","sortOrder":18},{"sectionNumber":"Part 2","sectionType":"part","heading":"Case management and disclosure","content":"Part 2—Case management and disclosure\n\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Pre-hearing disclosure notice","content":"\t18 Pre-hearing disclosure notice\n\n(1) A summons to answer to a charge or a warrant to arrest issued under section 12 or 14 of the **Criminal Procedure Act 2009** must be accompanied by a notice in the form of—\n\n(a) Form 8 if the charge is—\n\n(i) an indictable offence that may be determined summarily and a committal proceeding has not been requested; or\n\n(ii) a summary offence; or\n\n(b) Form 9 if the charge is an indictable offence that may not be heard and determined summarily or the charge-sheet contains a request for a committal proceeding.\n\n(2) If a notice to appear was served and a charge-sheet filed with the Court, a notice in Form 8 must accompany a preliminary brief or full brief.\n\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Preliminary brief prescribed notice","content":"\t19 Preliminary brief prescribed notice\n\n(1) For the purposes of section 37(1)(b) of the **Criminal Procedure Act 2009** the prescribed form of notice to be included in the preliminary brief is the notice in Form 10.\n\n(2) When serving a preliminary brief in accordance with section 24 of the **Criminal Procedure Act 2009**, an informant shall provide the accused a copy of the notice to appear served.\n\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Full brief prescribed notice","content":"\t20 Full brief prescribed notice\n\nFor the purposes of section 41(1)(a) of the **Criminal Procedure Act 2009** the prescribed form of notice to be included in the full brief is the notice in Form 11.\n\n","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Applications, orders and notices","content":"Part 3—Applications, orders and notices\n\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Adjournment of a proceeding by a registrar","content":"\t21 Adjournment of a proceeding by a registrar\n\nWhen an accused makes an application to a registrar to adjourn a proceeding under section 20 of the **Criminal Procedure Act 2009** the registrar may refer the matter to a magistrate for determination.\n\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Summary case conference","content":"\t22 Summary case conference\n\n(1) A summary case conference may be conducted by the parties before any mention hearing.\n\n(2) A summary case conference may be conducted—\n\n(a) in person; or\n\n(b) by telephone; or\n\n(c) other means of communication.\n\n(3) At a summary case conference the parties must use their best endeavours to resolve any issue in dispute.\n\n(4) The parties to a summary case conference may jointly request a matter to be listed for contest mention, further mention or sentencing indication.\n\n(5) A request under paragraph (4) must—\n\n(a) be in Form 11A; and\n\n(b) be filed with the registrar.\n\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Request for contested summary hearing","content":"\t23 Request for contested summary hearing\n\nA request for a matter to be listed for a contested summary hearing shall be in Form 12 and filed with the registrar.\n\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Registrar or judicial registrar may dispense with summary case conference requirement","content":"\t25 Registrar or judicial registrar may dispense with summary case conference requirement\n\nThe Court constituted by a registrar or judicial registrar may dispense with the requirement to conduct a summary case conference where an accused is not legally represented under section 54(5) of the **Criminal Procedure Act 2009**.\n\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Witness summons in a criminal proceeding","content":"\t26 Witness summons in a criminal proceeding\n\n(1) For the purposes of section 43 of the **Magistrates' Court Act 1989**, a witness summons must be in Form 13.\n\n(2) A witness summons to give evidence or to give evidence and produce documents or things must be directed to one person.\n\n(3) Where a witness summons relates to a corporate accused it may be directed to one or more persons.\n\nRule 27 (Heading) substituted by S.R. No. 129/2023 rule 6(1).\n\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Subpoenas relating to confidential communications and protected health information","content":"\t27 Subpoenas relating to confidential communications and protected health information\n\nRule 27(1) substituted by S.R. No. 129/2023 rule 6(2).\n\n(1) For the purposes of section 32CC(1) of the **Evidence (Miscellaneous Provisions) Act 1958**, notice of an intention to apply for leave under section 32C(1) of that Act must be in Form 13A.\n\nRule 27(2) amended by S.R. No. 129/2023 rule 6(3).\n\n(2) If an application for leave under section 32C(1) of the **Evidence (Miscellaneous Provisions) Act 1958** is in respect of a summary contested hearing—\n\n(a) the application must be heard at least 4 weeks before the contested hearing unless the Court fixes a shorter period between the application and the contested hearing; and\n\n(b) the party applying for leave must serve the application not less than 14 days before the hearing date of the application unless directed otherwise by the Court.\n\nRule 27(2) renumbered as rule 27(3) by S.R. 129/2023 rule 6(4).\n\n(3) If leave is granted under section 32C(1) of the **Evidence (Miscellaneous Provisions) Act 1958** the witness summons is, where possible, to be made returnable before the magistrate who granted leave.\n\nRule 27A inserted by S.R. No. 129/2023 rule 7.\n\n","sortOrder":29},{"sectionNumber":"27A","sectionType":"section","heading":"Notice to protected person","content":"\t27A Notice to protected person\n\nFor the purposes of section 32CD(3)(b) of the **Evidence (Miscellaneous Provisions) Act 1958**, a notice under section 32CD(1) of that Act must be in Form 13B.\n\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Notice of alibi","content":"\t28 Notice of alibi\n\nFor the purposes of section 51(5) of the **Criminal Procedure Act 2009** a notice of alibi is to be in Form 14.\n\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Objection to production and inspection of protected documents and things","content":"\t29 Objection to production and inspection of protected documents and things\n\n(1) When a protected person produces any sealed document or other thing in answer to a subpoena in accordance with section 48 of the **Independent Broad-based Anti-corruption Commission Act 2011** a registrar must acknowledge receipt by signing the record provided.\n\n(2) Where a protected person gives notice of an objection to the production of any document or other thing under section 48(2) of the **Independent Broad-based Anti-corruption Commission Act 2011** and applies to the Court for the determination of the application, the matter will be listed for a directions hearing.\n\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Case abridgement application","content":"\t30 Case abridgement application\n\n(1) An application to abridge a court hearing date under section 331(3) of the **Criminal Procedure Act 2009** must be in Form 15.\n\n(2) The applicant must file the application referred to in paragraph (1) with the Court and notify the respondent of the application.\n\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Issuing of certificate to a victim of identity crime","content":"\t31 Issuing of certificate to a victim of identity crime\n\n(1) An application for an identity crime certificate under section 89F of the **Sentencing Act 1991** must be in Form 16.\n\n(2) The prescribed form of an identity crime certificate under section 89F of the **Sentencing Act 1991** is Form 17.\n\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Caution to be given to person charged","content":"\t32 Caution to be given to person charged\n\nFor the purposes of section 68(1) of the **Criminal Procedure Act 2009**, the caution set out in Form 37 may be used by the Court.\n\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Certifying payment to Crown witness","content":"\t33 Certifying payment to Crown witness\n\nA registrar or a deputy registrar may certify a payment of allowances and expenses to a Crown witness.\n\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Registration exemption orders","content":"\t34 Registration exemption orders\n\n(1) An application under section 11A of the Act must be in Form 56.\n\n(2) For the purposes of section 11D(1)(b) of the Act, the prescribed information is the information set out in Form 56.\n\n(3) An application under section 11A of the Act must be accompanied by an affidavit stating—\n\n(a) the age of the applicant during the commission of the specified offence to which the application relates; and\n\n(b) the date on which the applicant first received notice of the applicant's reporting obligations; and\n\n(c) whether the applicant is—\n\n(i) a registrable offender for any other registrable offence in Victoria; or\n\n(ii) a corresponding registrable offender; or\n\n(iii) a New South Wales registrable offender; and\n\n(d) to the best of the applicant's own knowledge—\n\n(i) the age of any victim of the specified offence to which the application relates at the time of the commission of the specified offence; and\n\n(ii) the age of any victim depicted or described in any material to which the specified offence relates; and\n\n(iii) whether the specified offence was committed against more than one victim.\n\n(4) An application under section 11A of the Act must also be accompanied by a copy of the registration order if the application relates to a specified offence for which the applicant was sentenced by a court in a foreign jurisdiction.\n\n(5) In this Rule—\n\n***corresponding registrable offender*** has the same meaning as in the Act;\n\n***foreign jurisdiction*** has the same meaning as in the Act;\n\n***New South Wales registrable offender*** has the same meaning as in the Act;\n\n***registrable offence*** has the same meaning as in the Act;\n\n***registrable offender*** has the same meaning as in the Act;\n\n***reporting obligations*** has the same meaning as in the Act;\n\n***the Act***  means the **Sex Offenders Registration Act 2004**.\n\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Application for rehearing","content":"\t35 Application for rehearing\n\nAn application for a rehearing under section 88 of the **Criminal Procedure Act 2009** must be in Form 18.\n\n","sortOrder":38},{"sectionNumber":"Part 4","sectionType":"part","heading":"Adjournment of criminal proceedings","content":"Part 4—Adjournment of criminal proceedings\n\nRule 36 (Heading) substituted by S.R. No. 101/2022 rule 6(1).\n\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Request for adjournment","content":"\t36 Request for adjournment\n\nRule 36(1) revoked by S.R. No. 101/2022 rule 6(2).\n\n(2) A written application for an adjournment must—\n\n(a) state the current status of the case; and\n\n(b) state whether the brief has been received; and\n\n(c) state whether a case conference has been held and, if so, the outcome; and\n\n(d) state whether the accused is legally represented; and\n\nRule 36(2)(da) inserted by S.R. No. 101/2022 rule 6(3).\n\n(da) state how the adjournment will progress the case; and\n\n(e) include any other relevant information.\n\nRule 36(2A) inserted by S.R. No. 101/2022 rule 6(4).\n\n(2A) An application for adjournment filed by a legal practitioner must be filed electronically using the Electronic Filing Appearance System, unless otherwise directed by the Court.\n\n(3) An unrepresented accused who wishes to apply for an adjournment must contact the Court to apply for the adjournment.\n\nRule 36(4) revoked by S.R. No. 101/2022 rule 6(5).\n\nRules 37−39 revoked by S.R. No. 101/2022 rule 7.\n\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Dispensing with compliance","content":"\t40 Dispensing with compliance\n\nThe Court may dispense with compliance with any of the requirements of this Part either before or after the occasion for compliance arises.\n\nOrder 3—Warrants\n\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Form of a warrant to arrest and issue for non‑appearance of the accused","content":"\t41 Form of a warrant to arrest and issue for non‑appearance of the accused\n\nA warrant to arrest issued under section 61 of the **Magistrates' Court Act 1989** or under the **Criminal Procedure Act 2009** must be in Form 19.\n\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Form of a search warrant","content":"\t42 Form of a search warrant\n\nA search warrant issued under section 75 of the **Magistrates' Court Act 1989** must be in Form 20.\n\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Form of a remand warrant","content":"\t43 Form of a remand warrant\n\nA remand warrant issued under section 79 of the **Magistrates' Court Act 1989** must be in Form 21.\n\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Form of a warrant to imprison","content":"\t44 Form of a warrant to imprison\n\nA warrant to imprison issued under section 68(a) or section 68(c) of the **Magistrates' Court Act 1989** must be in Form 22.\n\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Form of a warrant to imprison for unpaid fines","content":"\t45 Form of a warrant to imprison for unpaid fines\n\nA warrant to imprison issued under section 68(b) of the **Magistrates' Court Act 1989** must be in Form 23.\n\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Warrant to seize property application","content":"\t46 Warrant to seize property application\n\nA warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding must be in Form 24.\n\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Execution of warrant to seize property","content":"\t47 Execution of warrant to seize property\n\n(1) Money or bank notes belonging to a person named or described in a warrant may be seized under a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding but need not be sold.\n\n(2) Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the person named or described in the warrant may be seized under a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding and may be held as security for money due under an order or the unsatisfied part of an order.\n\n(3) For the purposes of property held as security for money under paragraph (2), when payment becomes due, the person to whom the warrant is directed—\n\n(a) may demand and receive payment of the money; and\n\n(b) may sue in any proper court in the name of the defendant or in the name of any person in whose name the person named or described in the warrant might have sued for the recovery of the money secured or payable.\n\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Application of Supreme Court rules, practice and procedure","content":"\t48 Application of Supreme Court rules, practice and procedure\n\nSubject to this Order, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with any necessary modification, to the execution of warrants to seize property issued for the enforcement of an order made by the Court in a criminal proceeding.\n\nOrder 4—Committal proceeding\n\nPart 1—Appearance\n\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Notice of appearance","content":"\t49 Notice of appearance\n\n(1) A legal practitioner who represents an accused in a committal proceeding must file with the Court and serve on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding a notice of appearance in Form 25.\n\n(2) The filing and service of a notice of appearance required by paragraph (1) must take place as soon as practicable after a legal practitioner has received instructions to represent the accused.\n\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Prosecution to provide relevant contact details","content":"\t50 Prosecution to provide relevant contact details\n\n(1) Within 7 days after receipt of a notice of appearance, the DPP 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—\n\n(a) the name and address of the prosecutor handling the matter;\n\nRule 50(1)(b) amended by S.R. No. 129/2023 rule 8.\n\n(b) the email address or address of usual business for the service of documents on the DPP or the other person or body authorised at law to prosecute in the committal proceeding;\n\nRule 50(1)(c) amended by S.R. No. 129/2023 rule 8.\n\n(c) the email address or address of usual business for the service of documents on the informant.\n\n(2) If 21 days before the committal mention date the DPP or other person or body authorised at law to prosecute in the committal proceeding has not received a notice of appearance, the DPP or the other person or body must advise the Court of their relevant contact details.\n\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Legal practitioner ceasing to act","content":"\t51 Legal practitioner ceasing to act\n\nIf a legal practitioner ceases to act for a party in a committal proceeding, the legal practitioner must as soon as possible—\n\n(a) file a notice in the Court that the legal practitioner has ceased to act in Form 25A; and\n\n(b) serve a copy of the notice on the informant and the DPP or other person or body authorised at law to prosecute in the committal proceeding.\n\nPart 2—Service\n\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Mode of service","content":"\t52 Mode of service\n\nIn a committal proceeding, service of a document by a party may be effected on an accused by electronic communication to the accused's legal practitioner as specified in the notice of appearance.\n\n**Notes**\n\nSee section 391 of the **Criminal Procedure Act 2009** for service of documents on the accused.\n\nSee section 392 of the **Criminal Procedure Act 2009** for service of documents on the informant or DPP.\n\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Copy of document served by electronic communication to be provided upon request","content":"\t53 Copy of document served by electronic communication to be provided upon request\n\nThe original document (if a copy of a document was served by electronic communication) must be retained by the party serving the document and must be provided to the Court if the Court so requests.\n\nPart 4—Compulsory examination procedure\n\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Form of application","content":"\t55 Form of application\n\nAn application under section 103 of the **Criminal Procedure Act 2009** for a person to attend before the Court for the purpose of being examined by or on behalf of the informant or producing a document or thing or both must be in Form 26.\n\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Form of notice of order","content":"\t56 Form of notice of order\n\nFor the purposes of section 105 of the **Criminal Procedure Act 2009**, notice of an order requiring a person to attend before the Court must be—\n\n(a) in Form 27, if it is to be served on the accused; or\n\n(b) in Form 28, if it is to be served on the person to whom the order relates.\n\n","sortOrder":56},{"sectionNumber":"Part 5","sectionType":"part","heading":"Pre-hearing disclosure","content":"Part 5—Pre-hearing disclosure\n\n","sortOrder":57},{"sectionNumber":"57","sectionType":"section","heading":"Notice and list of information or other documents to accompany hand-up brief","content":"\t57 Notice and list of information or other documents to accompany hand-up brief\n\n(1) For the purposes of section 110(a) of the **Criminal Procedure Act 2009** the prescribed form of notice is Form 29.\n\n(2) A list of information or other documents contained in a hand-up brief under section 110 of the **Criminal Procedure Act 2009** must be in Form 30.\n\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Application to permit accused to be absent from committal hearing","content":"\t58 Application to permit accused to be absent from committal hearing\n\n(1) An application for an accused to be absent from a committal hearing under section 135(1) of the **Criminal Procedure Act 2009** must be in Form 31.\n\n(2) An application under paragraph (1) must be made 7 days before the first day of absence from the committal hearing, unless otherwise directed by the Court.\n\n","sortOrder":59},{"sectionNumber":"Part 6","sectionType":"part","heading":"Case direction","content":"Part 6—Case direction\n\nRule 59 substituted by S.R. No. 133/2025 rule 5.\n\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Prescribed form of case direction notice","content":"\t59 Prescribed form of case direction notice\n\n(1) Subject to paragraph (2), for the purposes of section 119(a) of the **Criminal Procedure Act 2009**, the prescribed form of a case direction notice is Form 32.\n\n(2) For the purposes of section 119(a) of the **Criminal Procedure Act 2009**, the prescribed form of a case direction notice for any of the following proceedings is Form 32A—\n\n(a) a proceeding that relates (wholly or partly) to a charge for—\n\n(i) a sexual offence; or\n\n(ii) a family violence offence; or\n\n(iii) an offence against section 21A(1) of the **Crimes Act 1958** (stalking);\n\n(b) a proceeding in which Part 4.6A of the **Criminal Procedure Act 2009** requires the Court to commit the accused for trial in the Supreme Court.\n\nSee also Rule 59A which prescribes the form of notice of the issues arising in the committal proceeding that are to be addressed at the committal case conference (Form 32B).\n\nRule 59A inserted by S.R. No. 133/2025 rule 6.\n\n","sortOrder":61},{"sectionNumber":"59A","sectionType":"section","heading":"Notice of issues to be addressed at committal case conference","content":"\t59A Notice of issues to be addressed at committal case conference\n\n(1) On filing a case direction notice under section 118 of the **Criminal Procedure Act 2009**, the parties to the committal proceeding must file a notice of the issues identified by the parties to be addressed at the committal case conference.\n\n(2) Paragraph (1) does not apply if the parties to the committal proceeding seek a determination that a committal case conference is not required to be held and have set out the grounds for their request in Form 32 or Form 32A.\n\n(3) A notice under paragraph (1) must be in Form 32B.\n\n","sortOrder":62},{"sectionNumber":"Part 7","sectionType":"part","heading":"Committal mention and case conference","content":"Part 7—Committal mention and case conference\n\n","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Notice of committal proceeding","content":"\t60 Notice of committal proceeding\n\nOn the conclusion of the filing hearing, the registrar must provide the accused with a notice in Form 33.\n\n","sortOrder":64},{"sectionNumber":"61","sectionType":"section","heading":"Application to Court to fix a longer period for the holding of a committal mention hearing","content":"\t61 Application to Court to fix a longer period for the holding of a committal mention hearing\n\nIf the Court has fixed a committal mention date, an application under section 126 of the **Criminal Procedure Act 2009** for the Court to fix a longer period for the holding of a committal mention hearing must be in Form 34.\n\n","sortOrder":65},{"sectionNumber":"62","sectionType":"section","heading":"Committal checklist","content":"\t62 Committal checklist\n\nIf, at a committal mention hearing, the parties to a matter request that it be listed for committal hearing, the parties must provide the Court with a committal checklist in Form 34A at the committal mention hearing.\n\n","sortOrder":66},{"sectionNumber":"63","sectionType":"section","heading":"Closing of a committal case conference","content":"\t63 Closing of a committal case conference\n\nRule 63(1)(2) revoked by S.R. No. 133/2025 rule 7(1).\n\nRule 63(3) amended by S.R. No. 133/2025 rule 7(2).\n\n(3) The Court may order, pursuant to section 125 of the **Magistrates' Court Act 1989**, that the whole or any part of the committal case conference be heard in closed court, if it is satisfied that this is necessary to achieve the purpose set out in section 127(1) of the **Criminal Procedure Act 2009**.\n\n","sortOrder":67},{"sectionNumber":"Part 8","sectionType":"part","heading":"Committal hearing","content":"Part 8—Committal hearing\n\n","sortOrder":68},{"sectionNumber":"64","sectionType":"section","heading":"Application for a joint committal","content":"\t64 Application for a joint committal\n\n(1) An application for a joint committal under section 25(4) of the **Magistrates' Court Act 1989** must be in Form 36.\n\n(2) The registrar of the Court must notify the Children's Court of any application for a joint committal.\n\n(3) The registrar of the Court must provide a copy of an order made by the Court for a joint committal to the registrar of the Children's Court.\n\nRule 65 revoked by S.R. No. 133/2025 rule 8.\n\n","sortOrder":69},{"sectionNumber":"Part 9","sectionType":"part","heading":"Determination of committal proceeding","content":"Part 9—Determination of committal proceeding\n\nRule 66 amended by S.R. No. 133/2025 rule 9.\n\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Notice of election to stand trial","content":"\t66 Notice of election to stand trial\n\nWhere an accused elects to stand trial under section 143 of the **Criminal Procedure Act 2009**, a notice in Form 38 must be filed with the Court.\n\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Committal caution","content":"\t67 Committal caution\n\nFor the purposes of section 144(2)(b)(iii) of the **Criminal Procedure Act 2009**, the Court may inform the accused by using the manner of caution set out in Form 39.\n\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Alibi caution","content":"\t68 Alibi caution\n\nFor the purposes of section 144(2)(b)(i) of the **Criminal Procedure Act 2009**, the Court may inform the accused of the provisions of section 190 of the **Criminal Procedure Act 2009** by using the manner of caution set out in Form 40.\n\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"Legal aid warning","content":"\t69 Legal aid warning\n\nFor the purposes of section 144(2)(a) of the **Criminal Procedure Act 2009**, the following caution or a caution to the same effect must be read to the accused—\n\n\"I am required to inform you of the importance of obtaining legal representation for the trial and that if you wish to be legally aided, it is your responsibility to make an application to Victoria Legal Aid as soon as possible.\".\n\n","sortOrder":74},{"sectionNumber":"Part 10","sectionType":"part","heading":"General","content":"Part 10—General\n\n","sortOrder":75},{"sectionNumber":"70","sectionType":"section","heading":"Applications for summary hearing of indictable offences","content":"\t70 Applications for summary hearing of indictable offences\n\n(1) An application for a summary hearing of an indictable offence listed for a committal hearing must be in writing, filed with the Court and served on the informant, unless the Court otherwise directs.\n\n(2) If the application for a summary hearing is granted by a magistrate in relation to the hearing of an indictable offence, so far as practicable, the matter will thereafter proceed before that magistrate.\n\n","sortOrder":76},{"sectionNumber":"71","sectionType":"section","heading":"Form of application","content":"\t71 Form of application\n\nUnless otherwise provided by these Rules or by or under any Act, an application in a committal proceeding must be in Form 31.\n\n","sortOrder":77},{"sectionNumber":"72","sectionType":"section","heading":"Filing of application","content":"\t72 Filing of application\n\nUnless otherwise provided by these Rules or by or under any Act, an application is made by filing the application with the registrar.\n\n","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Service of application","content":"\t73 Service of application\n\nThe applicant must serve a copy of an application on every person to whom notice of the application is to be given within a reasonable time before the hearing of the application.\n\n","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Application for a special mention hearing","content":"\t74 Application for a special mention hearing\n\n(1) A party may apply to the Court for a special mention hearing.\n\n(2) An application must—\n\n(a) set out the purpose of the application for the special mention hearing; and\n\n(b) be in Form 31.\n\n(3) The Court may of its own motion conduct a special mention hearing to adequately control and oversee the progress of the committal proceeding.\n\n","sortOrder":80},{"sectionNumber":"75","sectionType":"section","heading":"Parties may request registrar to cancel a special mention hearing","content":"\t75 Parties may request registrar to cancel a special mention hearing\n\n(1) If the parties agree that a special mention hearing should be cancelled, the parties may request the registrar cancel the special mention hearing.\n\n(2) When the registrar is satisfied that there is no need for a special mention hearing, the registrar may cancel the special mention hearing.\n\n(3) A request must be made before the date of the special mention hearing.\n\n","sortOrder":81},{"sectionNumber":"76","sectionType":"section","heading":"Statements prepared in another jurisdiction","content":"\t76 Statements prepared in another jurisdiction\n\nFor the purposes of section 112(1)(c) of the **Criminal Procedure Act 2009**, a statement made in another jurisdiction of  Australia is in the prescribed form and is attested to in the prescribed manner if it has been made and attested to in accordance with the law for making and attesting statements in committal proceedings in that other jurisdiction.\n\nOrder 5—Appeals\n\nPart 1—Appeals to the County Court and Supreme Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009\n\n","sortOrder":82},{"sectionNumber":"77","sectionType":"section","heading":"Definition","content":"\t77 Definition\n\nIn this Part—\n\nRule 77 def. of *appropriate court* amended by S.R. No. 101/2022 rule 8.\n\n***appropriate court***, in respect of an appeal under Part 6.1 of Chapter 6 of the **Criminal Procedure Act 2009**, means—\n\n(a) the County Court; or\n\n(b) the Court of Appeal, if the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder.\n\n","sortOrder":83},{"sectionNumber":"78","sectionType":"section","heading":"Procedure on appeal from Magistrates' Court to appropriate court","content":"\t78 Procedure on appeal from Magistrates' Court to appropriate court\n\n(1) The registrar must record in the register the filing of a notice of appeal under section 255, 258 or 261 of the **Criminal Procedure Act 2009**.\n\n(2) When a notice of appeal is filed the registrar must contact the appropriate court to obtain a date of hearing for the appeal.\n\n(3) The registrar must recall and cancel any process in relation to the sentence to which the appeal relates, subject to section 29 of the **Road Safety Act 1986**.\n\n(4) If bail pending appeal is granted under section 265 of the **Criminal Procedure Act 2009** the registrar must recall and cancel any process in relation to a custodial sentence to which the appeal relates.\n\n(5) The registrar must forward the following to the appropriate court when a notice of appeal is filed—\n\n(a) a copy of the notice of appeal filed;\n\n(b) the charge-sheet;\n\n(c) the undertaking of bail by the appellant and surety, if any;\n\n(d) the affidavit of justification or declaration of justification made by the surety for bail, if any;\n\n(e) the certified extract of the Court order;\n\n(f) the exhibit sheet and witness cost sheet;\n\n(g) the address and telephone number of the Court where the sentence or conviction was made.\n\n(6) A copy of the charge-sheet, undertaking of bail, affidavit of justification or declaration of justification made by the surety for bail, exhibit sheet, witness cost sheet and the digital recording of the proceeding that imposed the sentence must be retained by the registrar in a Court file.\n\n(7) The registrar must forward a copy of the notice of appeal, certified extracts of the Court order, and the notification of appeal to the DPP when an appeal is commenced under section 255 of the **Criminal Procedure Act 2009**.\n\nRefer to the County Court Rules or the Supreme Court Rules for prescribed forms relating to appeals and how an appeal may be abandoned.\n\n","sortOrder":84},{"sectionNumber":"79","sectionType":"section","heading":"Recall and cancel process when an application for a stay is granted","content":"\t79 Recall and cancel process when an application for a stay is granted\n\n(1) If the Court grants an application for a stay under section 29(2) of the **Road Safety Act 1986** the registrar must notify the Roads Corporation and the appropriate court.\n\n(2) The registrar must recall and cancel any process in relation to the sentence to which the stay was ordered.\n\n","sortOrder":85},{"sectionNumber":"80","sectionType":"section","heading":"Application for leave following late filing of appeal to the appropriate court","content":"\t80 Application for leave following late filing of appeal to the appropriate court\n\n(1) When a notice of appeal is filed more than 28 days after the day on which the sentence of the Court was imposed the registrar must record in the register that an application for leave to appeal has been made under section 263 of the **Criminal Procedure Act 2009**.\n\n(2) When an application for leave to appeal is recorded under paragraph (1) the registrar must recall and cancel any process issued to give effect to a sentence that is the subject of the appeal.\n\nA stay of sentence applies to an application for leave to appeal as if it were an appeal, see sections 3 and 264 of the **Criminal Procedure Act 2009**.\n\n","sortOrder":86},{"sectionNumber":"81","sectionType":"section","heading":"Application to set aside an order striking out an appeal in the appropriate court","content":"\t81 Application to set aside an order striking out an appeal in the appropriate court\n\nThe registrar must record in the register that an application to the appropriate court to set aside an order striking out an appeal under section 267(3) of the **Criminal Procedure Act 2009** has been granted when notified by the appropriate court.\n\nPart 2—Appeals to the Supreme Court under Part 6.2 of Chapter 6 of the Criminal Procedure Act 2009\n\n","sortOrder":87},{"sectionNumber":"82","sectionType":"section","heading":"Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law","content":"\t82 Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law\n\nThe registrar must record in the register when a copy of the notice of appeal filed in the Supreme Court is delivered to the registrar.\n\n","sortOrder":88},{"sectionNumber":"83","sectionType":"section","heading":"When the Supreme Court stays a Magistrates' Court order","content":"\t83 When the Supreme Court stays a Magistrates' Court order\n\n(1) When informed that the Supreme Court has ordered a stay of an order made by the Magistrates' Court under section 272(11) of the **Criminal Procedure Act 2009** the registrar must recall any process issued to give effect to that order.\n\n(2) If the Supreme Court has ordered a stay of the operation of an order under section 29(2) of the **Road Safety Act 1986**, the registrar must notify the Roads Corporation.\n\n","sortOrder":89},{"sectionNumber":"84","sectionType":"section","heading":"When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court","content":"\t84 When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court\n\nWhen informed that the Supreme Court has made an order under section 272 of the **Criminal Procedure Act 2009** remitting to the Court a case for rehearing, the registrar must re-list the matter before the Court.\n\nOrder 6—Authentication of orders and warrants\n\n","sortOrder":90},{"sectionNumber":"85","sectionType":"section","heading":"Certified extract of an order","content":"\t85 Certified extract of an order\n\nA certified extract of an order of the Court issued under section 18(5) of the **Magistrates' Court Act 1989** must be in Form 43.\n\n","sortOrder":91},{"sectionNumber":"86","sectionType":"section","heading":"Particulars of warrants to be entered in the register","content":"\t86 Particulars of warrants to be entered in the register\n\nFor the purposes of section 57(2) of the **Magistrates' Court Act 1989**, the following particulars are prescribed—\n\n(a) the type of warrant issued;\n\n(b) the date of issue of warrant;\n\n(c) in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine—\n\n(i) the sum in respect of which the warrant is issued; and\n\n(ii) the person to whom the warrant is directed for execution;\n\n(d) the name of the person issuing the warrant.\n\n","sortOrder":92},{"sectionNumber":"87","sectionType":"section","heading":"Authentication of warrants","content":"\t87 Authentication of warrants\n\nFor the purposes of section 57(9) of the **Magistrates' Court Act 1989**, the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy—\n\n(a) the person's name; and\n\n(b) the date of issue of the warrant.\n\n","sortOrder":93},{"sectionNumber":"88","sectionType":"section","heading":"Authentication of a digital recording","content":"\t88 Authentication of a digital recording\n\n(1) When a request is made under section 65(6) of the **Evidence Act 2008** to produce a digital recording of a representation made in the Court a registrar must file a written request for consideration by the Chief Magistrate.\n\n(2) If a request is approved by the Chief Magistrate, the registrar must authenticate the digital recording by endorsing it with the Magistrates' Court case file number and date of the evidence.\n\nOrder 7—Transfer of summary proceedings\n\n","sortOrder":94},{"sectionNumber":"89","sectionType":"section","heading":"Transfer of related summary proceeding on or after committal to the Supreme Court or County Court","content":"\t89 Transfer of related summary proceeding on or after committal to the Supreme Court or County Court\n\nThe registrar must forward the following for a transfer of a related summary offence under section 145 of the **Criminal Procedure Act 2009** to the Supreme Court or County Court, as the case requires—\n\n(a) the Magistrates' Court case file number;\n\n(b) the original charge-sheet;\n\n(c) the address and telephone number of the Court where the proceeding for the summary offence was commenced;\n\n(d) if the accused has been admitted to bail, the undertaking, and a surety's affidavit of justification or declaration of justification.\n\n","sortOrder":95},{"sectionNumber":"90","sectionType":"section","heading":"Transfer of an offence that a magistrate refused to hear and determine summarily","content":"\t90 Transfer of an offence that a magistrate refused to hear and determine summarily\n\nThe registrar must notify the County Court or Supreme Court of any order of a magistrate that a charge is not appropriate to be heard and determined summarily for the purposes of a transfer under section 168 of the **Criminal Procedure Act 2009**.\n\n","sortOrder":96},{"sectionNumber":"91","sectionType":"section","heading":"Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court","content":"\t91 Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court\n\n(1) When notified of an order to transfer a summary offence that is not a related summary offence to the Supreme Court or County Court under section 243 of the **Criminal Procedure Act 2009** the registrar must forward the following to the relevant court—\n\n(a) the Magistrates' Court case file number;\n\n(b) the original charge-sheet;\n\n(c) the address and telephone number of the Court where the proceeding for the summary offence was commenced;\n\n(d) where the accused has been admitted to bail, the undertaking, and a surety's affidavit of justification or declaration of justification.\n\n(2) The registrar must record in the register when a summary offence that is not a related summary offence has been transferred under section 243 of the **Criminal Procedure Act 2009**.\n\nOrder 8—General\n\n","sortOrder":97},{"sectionNumber":"92","sectionType":"section","heading":"Last known place of residence or business for the purpose of service","content":"\t92 Last known place of residence or business for the purpose of service\n\nFor the purposes of section 394(1)(a) of the **Criminal Procedure Act 2009**, the last known place of residence or business of an accused is to be ascertained as follows—\n\n(a) the address given by the accused during the investigation of the offence;\n\n(b) the address of the accused appearing on any valid licence, registration or authority held by the accused and issued under any other Act under which the accused is to be charged;\n\n(c) if the alleged offence arises out of the driving or use of a motor vehicle, the address of the accused appearing on—\n\n(i) the driver licence produced by the accused at the time of or during the investigation of the offence; or\n\n(ii) the certificate of registration of the motor vehicle issued under the **Road Safety Act 1986** or under any corresponding Act or law of any other State or a Territory;\n\n(d) if the alleged offence arises out of the use of a vessel within the meaning of the **Marine (Drug, Alcohol and Pollution Control) Act 1988**, the address of the accused appearing on the certificate of registration of the vessel as prescribed under the **Marine Safety Act 2010** or under any corresponding Act or law of any other State or a Territory.\n\n","sortOrder":98},{"sectionNumber":"93","sectionType":"section","heading":"Issue of some warrants to seize property","content":"\t93 Issue of some warrants to seize property\n\nFor the purposes of section 73(3AA)(f) of the **Magistrates' Court Act 1989** the prescribed particulars are—\n\n(a) the direction of the warrant to the sheriff; and\n\n(b) the sum in respect of which the warrant is issued.\n\n","sortOrder":99},{"sectionNumber":"94","sectionType":"section","heading":"Prescribed person or member of a class of persons who may witness statements","content":"\t94 Prescribed person or member of a class of persons who may witness statements\n\nFor the purposes of item 30 of Schedule 3 to the **Criminal Procedure Act 2009**, the following person, or member of a class of persons, who may witness statements in a preliminary brief, full brief or hand-up brief is—\n\n(a) an officer at Australian Public Service Level 5 or higher who is an investigator in the Commonwealth Department of the Environment and Energy;\n\n(b) a person employed by the Registry of Births, Deaths and Marriages at the Victorian Public Service Grade 5 or higher with the delegated authority of the Registrar under the **Births, Deaths and Marriages Registration Act 1996**;\n\n(c) an officer of a Commonwealth Government department or agency at or equivalent to Australian Public Service Level 5 or higher who has an investigatory role or function;\n\n(d) an authorised officer appointed by a Council under section 224 of the **Local Government Act 1989**.\n\nRefer to Schedule 3 to the **Criminal Procedure Act 2009** for other persons who may witness statements in a preliminary brief, full brief or hand-up brief.\n\nOrder 9—Audio visual or audio linking\n\n","sortOrder":100},{"sectionNumber":"95","sectionType":"section","heading":"Definition","content":"\t95 Definition\n\nIn this Order—\n\n***the Act*** means the **Evidence (Miscellaneous Provisions) Act 1958**.\n\n","sortOrder":101},{"sectionNumber":"96","sectionType":"section","heading":"Application for the physical appearance of an accused under section 42L of the Act","content":"\t96 Application for the physical appearance of an accused under section 42L of the Act\n\nUnless an application is made in accordance with section 42L(5) of the Act—\n\n(a) notice of an application under section 42L of the Act must be in Form 45; and\n\n(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and\n\n(c) service may be by pre-paid post.\n\n","sortOrder":102},{"sectionNumber":"97","sectionType":"section","heading":"Application for appearance of an accused by audio visual link under section 42M of the Act","content":"\t97 Application for appearance of an accused by audio visual link under section 42M of the Act\n\nUnless an application is made in accordance with section 42M(5) of the Act—\n\n(a) notice of an application under section 42M of the Act must be in Form 46; and\n\n(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and\n\n(c) service may be by pre-paid post.\n\nOrder 10—Fines\n\n","sortOrder":103},{"sectionNumber":"98","sectionType":"section","heading":"Definitions","content":"\t98 Definitions\n\nIn this Order—\n\n***declared director*** has the same meaning as in the **Fines Reform Act 2014**, and includes a director of a body corporate who was the subject of a declaration under section 91 of the **Infringements Act 2006** immediately before the repeal of Part 6 of that Act by section 240 of the **Fines Reform Act 2014**;\n\n***offender*** means a person on whom the Court has imposed a fine;\n\n***person in default*** means a person who has failed to pay a fine or an instalment order and includes a declared director;\n\n***Regional Manager*** has the same meaning as it has in section 3(1) of the **Sentencing Act 1991**.\n\n","sortOrder":104},{"sectionNumber":"99","sectionType":"section","heading":"Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order","content":"\t99 Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order\n\nAn application under section 57, 60, 61 or 65 of the **Sentencing Act 1991** by an offender must be made by—\n\n(a) making an oral application to the proper officer during normal business hours and, in the case of an application under section 65 of that Act, filing a completed Form 48 with the proper officer; or\n\n(b) sending, in the case of an application under section 57, 60 or 61 of that Act, a completed Form 47 if the offender—\n\n(i) is resident outside Victoria; or\n\n(ii) is held in a prison, police gaol or youth justice centre; or\n\n(iii) is unable to attend personally because of illness, infirmity or distance from the Court; or\n\n(c) post to the proper officer, in the case of an application under section 65 of that Act, a completed Form 48.\n\n","sortOrder":105},{"sectionNumber":"100","sectionType":"section","heading":"Consideration of application","content":"\t100 Consideration of application\n\n(1) The proper officer must consider an application under section 57, 60, 61 or 65 of the **Sentencing Act 1991** as soon as practicable.\n\n(2) In considering an application the proper officer may—\n\n(a) question the offender about the offender's financial circumstances; and\n\n(b) require the offender to produce any document concerning the offender's financial circumstances that is reasonably accessible to the offender.\n\n(3) The proper officer may—\n\n(a) adjourn an application for a total period not exceeding 28 days from the day on which the application is considered by the proper officer; and\n\n(b) stay execution of the fine during the adjournment.\n\n","sortOrder":106},{"sectionNumber":"101","sectionType":"section","heading":"Determination of the application","content":"\t101 Determination of the application\n\n(1) An order made under section 59 of the **Sentencing Act 1991** for time to pay a fine must include the date by which the fine is to be paid.\n\n(2) An instalment order or variation of an instalment order made under section 56 or 63 of the **Sentencing Act 1991** must include—\n\n(a) the total amount to be paid; and\n\n(b) the amount of each instalment; and\n\n(c) the date on which each instalment must be paid.\n\n(3) A fine conversion order under section 64 of the **Sentencing** **Act 1991** must be in Form 48A.\n\n(4) The proper officer must cause a copy of the order to be delivered to the applicant personally or by post without delay.\n\n","sortOrder":107},{"sectionNumber":"102","sectionType":"section","heading":"Enforcement of fines against a natural person","content":"\t102 Enforcement of fines against a natural person\n\n(1) A consent under section 69H(2)(a) of the **Sentencing Act 1991** to the making of a fine default unpaid community work order must  \nbe in Form 49.\n\n(2) The statement in writing required by section 69C(3) of the **Sentencing Act 1991** must be in Form 50.\n\n(3) A fine default unpaid community work order under section 69D(2), 69H(2)(a) or 69M(4) of the **Sentencing Act 1991** must be in Form 52.\n\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"Enforcement of fines against body corporate","content":"\t103 Enforcement of fines against body corporate\n\nA statement in writing required by section 69Y(3) of the **Sentencing Act 1991** to be delivered by the person making a demand for payment to a body corporate in default—\n\n(a) must be in Form 51; and\n\n(b) may be served by leaving it at the registered office of the body corporate.\n\n","sortOrder":109},{"sectionNumber":"104","sectionType":"section","heading":"Summons for warrant to seize property returned unsatisfied","content":"\t104 Summons for warrant to seize property returned unsatisfied\n\n(1) The form of a summons issued under section 69M(1) of the **Sentencing Act 1991** is Form 53.\n\n(2) A summons under section 69M(1) of the **Sentencing Act 1991** may be issued by a registrar of the Court under the direction of a magistrate.\n\n(3) If the last known address of the person in default is within Victoria, a summons issued under paragraph (2) may be served by post directed to that address.\n\n(4) A person in default may be released from custody without being taken before the Court, if the person—\n\n(a) has been taken into custody in accordance with a warrant to arrest issued under section 69M of the **Sentencing Act 1991**; and\n\n(b) the outstanding amount of the fine specified in the warrant is paid.\n\n","sortOrder":110},{"sectionNumber":"105","sectionType":"section","heading":"Declaration of liability of a director for offence of body corporate","content":"\t105 Declaration of liability of a director for offence of body corporate\n\nThe informant or police prosecutor must give notice of an application for a declaration under section 55(1) of the **Sentencing Act 1991** to any person who was a director of the body corporate at the time of the commission of the offence by—\n\n(a) not less than 14 days before the date of hearing of the application, posting a true copy of the application addressed to the director at the director's last known place of residence or business; or\n\n(b) not less than 5 days before the date of hearing of the application—\n\n(i) delivering to the director personally a true copy of the application; or\n\n(ii) leaving a true copy of the application for the director at the director's last known place of residence or business with a person who apparently resides or works there and who is apparently not less than 16 years old.\n\nOrder 11—Procedure under the Open Courts Act 2013\n\n","sortOrder":111},{"sectionNumber":"106","sectionType":"section","heading":"Definitions","content":"\t106 Definitions\n\n(1) In this Order—\n\n***the Act*** means the **Open Courts Act 2013**.\n\n(2) An expression used in the **Open Courts Act 2013** has the same meaning in this Order as it has in that Act.\n\n","sortOrder":112},{"sectionNumber":"107","sectionType":"section","heading":"Notice of application for suppression order","content":"\t107 Notice of application for suppression order\n\n(1) A notice of the making of an application under section 10 of the Act for a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 54.\n\n(2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.\n\n","sortOrder":113},{"sectionNumber":"108","sectionType":"section","heading":"Notice of application to review suppression order","content":"\t108 Notice of application to review suppression order\n\n(1) A notice of the making of an application under section 15(1) of the Act to review a suppression order in a proceeding to which these Rules apply must be generally in accordance with Form 55.\n\n(2) A copy of the notice must be filed by the applicant as soon as practicable after the notice has been given to the Court, if notice was not given by filing.\n\nForm 1 amended by S.R. No. 133/2025 rule 10.\n\nForm 1—Charge-sheet\n\nRule 13(a)\n\nCharge-sheet\n\n1. What is the charge?\n\n- 🞏 Other—\nspecify\n- Are there more charges? 🞏 No 🞏 Yes—see 2 below\n\n2. What is the charge?\n\n(Description of offence)\n\nForm 2—Continuation of charges\n\nRule 13(b)\n\nContinuation of Charges\n\nPage No.\n\nPerson charged:\n\n- 🞏 State 🞏 Act Regulation No. (Full Ref.)\n- 🞏 Summary offence 🞏 Indictable offence\n\n- 🞏 State 🞏 Act Regulation No. (Full Ref.)\n- 🞏 Summary offence 🞏 Indictable offence\n\nAre there more charge(s)? 🞏 No 🞏 Yes—see page No.\n\nSignature of Registrar:\n\nForm 3 amended by S.R. No. 133/2025 rule 11.\n\nForm 3—Charge-sheet and summons\n\nRule 13(c)\n\nCharge-sheet and Summons\n\n- Date of service by the Director, Fines Victoria\n\nWhere will the case be heard?\n\nAddress Telephone\n\nWhen Time Day Month Year\n\nPolice officer:\n\nPrescribed person:\n\nForm 4—Charge-sheet and summons  \n(corporate accused)\n\nRule 13(d)\n\nCharge-Sheet and Summons  \n(Corporate Accused)\n\nDetails of corporate accused\n\nName of corporate accused:\n\nTo the corporate accused:\n\nIf you do not appear in answer to a summons and the charge is an indictable offence that may be determined summarily the Magistrates' Court may hear and determine the charge in your absence.\n\nIf you do not appear in answer to a summons for an indictable offence the Magistrates' Court may conduct a committal proceeding in your absence.\n\n- 🞏 Common-wealth 🞏 Regulation\n\nWhere will the case be heard?\n\nAddress Telephone\n\nWhen Time Day Month Year\n\nPolice officer:\n\nPrescribed person:\n\nForm 5 amended by S.R. No. 133/2025 rule 12.\n\nForm 5—Charge-sheet and warrant to arrest\n\nRule 13(e)\n\nCharge-Sheet and Warrant to Arrest\n\n- 🞏 Common-wealth 🞏 Regulation\n- 🞏 Other—\nspecify\n\nCharge-sheet filed at:\n\nRequest for issue of a warrant to arrest\n\nI apply for the issue of a warrant to arrest on the following grounds:\n\n[*insert grounds*]\n\nWarrant to arrest\n\nTo all police officers:\n\nYou are authorised to break, enter and search any place where the person named in this warrant is suspected to be, to arrest that person and bring the person before a Bail Justice or the Court as soon as practicable to be dealt with according to law or cause the person to be released on bail in accordance with the endorsement on this warrant.\n\nI am satisfied by the evidence before me that a warrant should be issued on the following grounds:\n\n🞏 it is probable the person will not answer a summons\n\n🞏 the person has absconded or is likely to abscond\n\n🞏 the person is avoiding the service of a summons\n\n🞏 the warrant is 🞏 required 🞏 authorised by another Act namely\n\n🞏 other\n\nIssued at: Date:\n\nBefore:\n\nForm 6—Do not ignore this notice\n\nRule 14\n\nDo Not Ignore this Notice\n\nDo not ignore this notice.\n\nIf you do not understand this notice, you should get someone to interpret it for you immediately.\n\nThe Court will not provide written notification of listing dates.\n\nTo receive electronic notification of listing dates, please ensure your mobile phone number and/or email address are kept updated with the Court.\n\nSeek legal advice.\n\nA legal practitioner can help you decide what steps you need to take.\n\n[*Information to the effect of this advice to be printed in English, Mandarin, Punjabi, Dari, Farsi, Persian, Dinka, Arabic, Vietnamese, Turkish, Thai, Hindi, Swahili and Cantonese languages.*]\n\nForm 7—Notice to appear\n\nRule 16(1)\n\nNotice to Appear\n\n(Section 21 of the **Criminal Procedure Act 2009**)\n\nPerson served:\n\nFamily name:\n\nFirst name(s):\n\nStreet name and number:\n\nSuburb/Town: Postcode:\n\nYOU ARE REQUIRED TO APPEAR BEFORE THE MAGISTRATES' COURT AT\n\n[*Full street address of the venue of the Court*]\n\nON [*Date*] AT [*Time*]\n\nYOU ARE SUSPECTED OF HAVING COMMITTED THE FOLLOWING OFFENCES\n\n[*These are general particulars of the offence(s) only*]\n\nTHE SUSPECTED OFFENCES WERE COMMITTED IN THE FOLLOWING MANNER:\n\n[*General terms of the circumstances of the suspected offences*]\n\nPolice officer or person authorised to act:\n\nIMPORTANT INFORMATION—DO NOT IGNORE THIS NOTICE—SEEK LEGAL ADVICE\n\nYou must appear on [*date*] at [*venue*] Magistrates' Court if you get a copy of a charge-sheet and a preliminary brief. This means you have been charged with an offence. You will get a copy of the charge-sheet and preliminary brief within 21 days of getting this notice.\n\nYou should immediately seek advice from your legal practitioner, Victoria Legal Aid [*insert address and telephone number*] or a community legal service.\n\nIf you do not appear at court, the magistrate may:\n\n| • | hear and decide your case and may impose a penalty based on the information in the preliminary brief; or |\n| • | order that you be arrested and brought before the Court. |\n\nIf a charge is not filed with the Court within 14 days of this notice being given to you the notice will lapse, and you will not have to appear at the Magistrates' Court. Written notice of this will be provided to you 7 days after the notice lapses.\n\nAFFIDAVIT OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON\n\nI [*full name*] of [*address*], [*authorised officer*] *swear/*affirm that I served a true copy of this notice to appear on [*date*] at [*time*] by—\n\n*giving it to the person personally at [*address*]\n\n*putting it down in the person's presence and telling the person the nature of the document.\n\n*The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.\n\n| *Sworn/*affirmed at   [*place*]   in the State of Victoria on [*date*]<br>*Before: |    ⎪      ⎪    |\n\n*a person authorised under Part 3 of the **Oaths and Affirmations Act 2018** to take an affidavit.\n\nDECLARATION OF SERVICE THAT A COPY OF THIS NOTICE WAS SERVED PERSONALLY ON THE ABOVE NAMED PERSON\n\nI [*full name*] of [*address*], [*authorised officer*] *declare that I served a true copy of this notice to appear on [*date*] at [*time*] by—\n\n*giving it to the person personally at [*address*]\n\n*putting it down in the person's presence and telling the person the nature of the document.\n\n*I declare that the contents of this statutory declaration are true and correct and I make it knowing that making a statutory declaration that I know to be untrue is an offence.\n\n| *Declared at   [*place*]   in the State of Victoria on [*date*]<br>*Before: |    ⎪      ⎪    |\n\n*a person authorised under Part 4 of the **Oaths and Affirmations Act 2018** to witness the signing of a statutory declaration.\n\nForm 8 amended by S.R. No. 133/2025 rule 13.\n\nForm 8—Pre-hearing disclosure notice for matters to be determined summarily\n\nRule 18\n\nPre-hearing Disclosure Notice for Matters to be Determined Summarily\n\n(Section 13 of the **Criminal Procedure Act 2009**)\n\nOne or more of the offences you have been charged with can be heard and determined summarily in the Magistrates' Court of Victoria.\n\nYou should speak to a legal practitioner (a lawyer) immediately.\n\n**Summary offences**\n\nIf you have been charged with only summary offences, the Magistrates' Court will hear and determine the charges.\n\n**Indictable offences triable summarily**\n\nIf you have been charged with an indictable offence that may be heard and determined summarily, the Magistrates' Court can only hear and determine the charge if the Magistrates' Court considers that the charge is appropriate to be heard summarily and if you consent to a summary hearing of the charge. You can provide your consent in writing or orally during the hearing of the matter.\n\nIf you do not consent to the offence being heard summarily in the Magistrates' Court, a committal proceeding will be held. This will result in you being committed for trial in the County Court in relation to the charge.\n\n**How can you get more information about your charge:**\n\nYour charge-sheet will have some information about the charge. If you want more information, at any time you or your legal practitioner can make a request in writing to the informant (the person who charged you) for—\n\n| • | a preliminary brief; |\n| • | a full brief (if you have been served with a notice to appear, you can ask only for a full brief after a summary case conference); and |\n| • | information or copies of what is listed in the preliminary or full brief at least 7 days (or more) before the next court date. |\n\n**What the informant must do:**\n\nWhen the informant receives a request for more information from you or your legal practitioner, the informant has—\n\n| • | 14 days to give you a preliminary brief; or |\n| • | at least 14 days to give you a full brief before your contest mention or summary hearing; and |\n| • | 7 days to respond to your request. |\n\nThe informant also must give you a list or copy of any new information that is relevant to the charge as soon as it is available to the informant.\n\nIn some cases, the informant can refuse to give you information. The informant must give you a notice in writing that explains why your request has been refused. Some of the reasons the informant may refuse your request are that disclosure of the information would—\n\n| • | prejudice the investigation, enforcement or proper administration of the law; or |\n| • | prejudice a fair hearing of a charge or impartial adjudication of a particular case; or |\n| • | enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of law; or |\n| • | disclose methods or procedures of preventing, detecting, investigating contraventions or evasions of the law, the disclosure of which would be reasonably likely to prejudice the effectiveness of those methods or procedures; or |\n| • | endanger the life or physical safety of persons or their families, engaged in, or in connection with, law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law; or |\n| • | endanger the life or physical safety of a person referred to in section 43(1)(a) of the **Criminal Procedure Act 2009** or of a family member, as defined in the **Family Violence Protection Act 2008**, of such a person; or |\n| • | result in the disclosure of child abuse material to the accused personally; or |\n| • | the informant may refuse disclosure of any information, document or thing that is requested under section 43(1)(d) of the **Criminal Procedure Act 2009** on any ground for refusal of a witness summons; or |\n| • | the informant may refuse to disclose the particulars of any previous conviction of any witness who the informant intends to call at the hearing if the previous conviction because of its character is irrelevant to the proceeding. |\n\n**What can you do if the informant refuses to give you information?**\n\nYou can apply to the Magistrates' Court for an order if you—\n\n| • | get a written notice from the informant that they refuse to give you the requested information; or |\n| • | believe there is information that has not been disclosed that is relevant to your case. |\n\nYour legal practitioner can advise of how to apply for an order of the Magistrates' Court that the information be disclosed.\n\nA legal practitioner can help you understand the charges and decide what steps you need to take.\n\nIf you are eligible, you have a right to legal aid under the **Legal Aid Act 1978**. Contact Victoria Legal Aid [*insert address and telephone number*].\n\nForm 9—Pre-hearing disclosure notice for matters to be determined by a committal proceeding\n\nRule 18\n\nPre-hearing Disclosure Notice for Matters to be Determined by a Committal Proceeding\n\n(Section 13 of the **Criminal Procedure Act 2009**)\n\nYou have been charged with an indictable offence.  \nYou should speak to a legal practitioner (a lawyer) immediately.\n\n**How can you get information about your charge?**\n\nYour charge-sheet will have some information about the charge. More information about the charge will be provided to you when the informant (the person who charged you) gives you a hand-up brief or plea brief.\n\n**Hand-up brief:**\n\nThe informant must give you a hand-up brief containing the evidence on which they rely to prove the charge against you and a statement that you have no previous convictions or a copy of your criminal record by the date fixed by the Court at the filing hearing.\n\n**Plea brief:**\n\nIf you decide to plead guilty to the charge the informant may give you a plea brief. The informant may only give you a plea brief if you have given your written consent. You should obtain legal advice before providing your written consent.\n\n**Continuing obligation of disclosure:**\n\nThe informant has an obligation to disclose to you any information, document or thing that comes into their possession after a hand-up brief is given to you. The informant must give you a copy of the information or list of things as soon as possible after it comes into their possession. However, the informant does not have an obligation to disclose to you any information, document or thing if the informant believes that doing so will result in the disclosure to you of child abuse material. In that case, you may apply to the Court for an order requiring the informant to provide, or make available for inspection, the information, document or thing.\n\n**Inspection of exhibits**\n\nYou may inspect any of the items listed in a hand-up brief at a time and place agreed with the informant.\n\n**Get legal advice when you get the hand-up brief**\n\nA legal practitioner can help you understand the charges and decide what steps you need to take.\n\nIf you are eligible, you have a right to legal aid under the **Legal Aid Act 1978**. Contact Victoria Legal Aid [*insert address and telephone number*].\n\nForm 10—Notice accompanying preliminary brief\n\nRule 19\n\nNotice Accompanying Preliminary Brief\n\n(Section 37 of the **Criminal Procedure Act 2009**)\n\nFamily name: First names:\n\nThe attached preliminary brief contains the following information, document or thing available at the time of preparation:\n\n🞏 A copy of the charge-sheet setting out the charges against you\n\n🞏 A copy of the notice to appear\n\n🞏 A statement made by the informant (the person who charged you) personally sworn, signed or attested\n\n🞏 A copy of your criminal record or a statement that you have no previous convictions\n\n🞏 Any evidentiary certificate issued under any Act\n\n🞏 A list of any other orders that are or will be sought\n\n🞏 Any information, document or thing that is relevant to the alleged offence that may assist you to understand the evidence against you that is available to the prosecution\n\nSpecify:\n\n🞏 A written notice that the informant refuses to disclose any information, document or thing (Note: In some cases, the informant can refuse to give you information, but they must explain why by giving you a notice in writing)\n\nPolice officer/  \nAuthorised officer:\n\nName/Rank/Number:\n\nDO NOT IGNORE THIS NOTICE\n\n**Are you charged with a summary offence or an indictable offence?**\n\nTo find out whether your offence is a summary offence or an indictable offence, check which box has been ticked on your charge-sheet.\n\nThis notice should have a preliminary brief with it.\n\nA legal practitioner (a lawyer) can help you decide what steps you need to take in relation to your charge and the preliminary brief given to you.\n\nIf you are eligible, you have a right to legal aid under the **Legal Aid Act 1978**. Contact Victoria Legal Aid [*insert address and telephone number*].\n\nIF YOU ARE ON SUMMONS FOR AN OFFENCE AND DO NOT APPEAR AT COURT\n\nIf you have been charged with a summary offence, by way of summons, and you do not appear at court on the date on your summons or notice to appear, the magistrate may—\n\n| • | make a decision without you about your case and issue a penalty based on the information in the preliminary brief; |\n| • | issue a warrant for your arrest. |\n\nIF YOU ARE ON BAIL FOR AN OFFENCE AND DO NOT APPEAR AT COURT\n\nIf you have been charged with a summary offence, and released on bail, you must attend at court. If you do not attend court, the magistrate may—\n\n| • | make a decision without you about your case and issue a penalty based on the information in the preliminary brief; and |\n| • | issue a warrant for your arrest; and |\n| • | charge you with additional offences under the **Bail Act 1977**. |\n\nHOW THE MAGISTRATE MAKES A DECISION WITHOUT YOU FOR A SUMMARY OFFENCE\n\nThe magistrate may base the decision on the information in the preliminary brief, if the brief—\n\n| • | was given to you at least 14 days before the date of the hearing; and |\n| • | stated the offence with which you have been charged. |\n\nThe magistrate cannot use your criminal record to decide if you are guilty or not, but can consider your criminal record when deciding what your penalty will be.\n\nThere are some penalties that a magistrate cannot give you without you being at court. If the magistrate is considering these penalties, the hearing must be adjourned and a warrant may be issued for your arrest.\n\nIF YOU ARE CHARGED WITH AN INDICTABLE OFFENCE AND DO NOT APPEAR AT COURT\n\nIf you have been charged with an indictable offence, you must appear at court on the date on your summons or notice to appear.\n\nThe magistrate cannot hear and decide your case without you (unless the charges are against a corporation) and may issue a warrant for your arrest so that you are brought before the Court. If you have been charged and released on bail and do not attend court, you may be arrested and charged with additional offences under the **Bail Act 1977**.\n\nFURTHER INFORMATION\n\nContact the registrar at your local Magistrates' Court for further information.\n\nForm 11—Notice accompanying full brief\n\nRule 20\n\nNotice Accompanying Full Brief\n\n(Section 41 of the **Criminal Procedure Act 2009**)\n\nFamily name: First names:\n\nThe attached full brief contains the following information, document or thing available at the time of preparation:\n\n🞏 A copy of the charge-sheet setting out the charges against you\n\n🞏 A copy of your criminal record or a statement that you have no previous convictions\n\nIt also contains any information the prosecution intends to use at the hearing:\n\n🞏 A copy of any statement(s) that you have signed\n\n🞏 Your record of interview\n\n🞏 A copy of any audio visual recording or transcript relating to the taking of a forensic procedure\n\n🞏 A list of witnesses at the hearing and copies of their statements\n\n🞏 Legible copies of any documents\n\n🞏 A list of any exhibits (objects) and detailed descriptions—if these cannot be described, a clear photograph must be included\n\n🞏 Details of any forensic procedure, examination or test that has not been completed\n\n🞏 Any evidentiary certificate issued under any Act that is likely to be relevant to the alleged offence\n\nIt also contains anything else relevant to the alleged offence that the prosecution does not intend to use at hearing:\n\n🞏 A list of the people who have made written statements and copies of their statements\n\n🞏 A list of the people who have provided information and summaries of what they said\n\n🞏 A list of any exhibits and detailed descriptions or clear photographs\n\n🞏 A copy of medical examination records or results of forensic procedures that have been conducted\n\n🞏 A written notice of any information, document or thing.  \n(Note: In some cases, the informant (the person who charged you) can refuse to give you information, but they must explain why by giving you a notice in writing)\n\nPolice officer/  \nAuthorised person:\n\nName/Rank/Number:\n\nDO NOT IGNORE THIS NOTICE\n\n**Are you charged with a summary offence or an indictable offence?**\n\nTo find out whether your offence is a summary offence or an indictable offence, check which box has been ticked on your charge-sheet.\n\nThis notice should have a full brief with it.\n\nA legal practitioner (a lawyer) can help you decide what steps you need to take in relation to your charge and the full brief given to you.\n\nIf you are eligible, you have a right to legal aid under the **Legal Aid Act 1978**. Contact Victoria Legal Aid [*insert address and telephone number*].\n\nIF YOU ARE ON SUMMONS FOR AN OFFENCE AND DO NOT APPEAR AT COURT\n\nIf you have been charged with a summary offence, by way of summons, and you do not appear at court on the date on your summons or notice to appear, the magistrate may—\n\n| • | make a decision without you about your case and issue a penalty based on the information in the full brief; |\n| • | issue a warrant for your arrest. |\n|  |  |\n\nIF YOU ARE ON BAIL FOR AN OFFENCE AND DO NOT APPEAR AT COURT\n\nIf you have been charged with a summary offence, and released on bail, you must attend at court. If you do not attend court, the magistrate may—\n\n| • | make a decision without you about your case and issue a penalty based on the information in the full brief; and |\n| • | issue a warrant for your arrest; and |\n| • | charge you with additional offences under the **Bail Act 1977**. |\n\nHOW THE MAGISTRATE MAKES A DECISION WITHOUT YOU FOR A SUMMARY OFFENCE\n\nThe magistrate may base the decision on the information in the full brief, if the brief—\n\n| • | was given to you at least 14 days before the date of the hearing; and |\n| • | stated the offence with which you have been charged. |\n\nThe magistrate cannot use your criminal record to decide if you are guilty or not, but can consider your criminal record when deciding what your penalty will be.\n\nThere are some penalties that a magistrate cannot give you without you being at court. If the magistrate is considering these penalties, the hearing must be adjourned and a warrant may be issued for your arrest.\n\nIF YOU ARE CHARGED WITH AN INDICTABLE OFFENCE AND DO NOT APPEAR AT COURT\n\nIf you have been charged with an indictable offence, you must appear at court on the date on your summons or notice to appear.\n\nThe magistrate cannot hear and decide your case without you (unless the charges are against a corporation) and may issue a warrant for your arrest so that you are brought before the court. If you have been charged and released on bail and do not attend court, you may be arrested and charged with additional offences under the **Bail Act 1977**.\n\nFURTHER INFORMATION\n\nContact the registrar at your local Magistrates' Court for further information.\n\nForm 11A—Summary case conference form\n\nRule 22(5)(a)\n\nSummary Case Conference Form\n\n- In the Magistrates' Court of\n- Victoria at [*venue*] Court Ref.:\n- Informant: Accused:\n\nCourt file number:\n\nAccused's name:\n\nLegal representative for accused:\n\nInformant's name:\n\nAs a result of this conference it is proposed this matter be adjourned to:\n\n🞏 Plea of guilty Duration\n\nWill a victim impact statement(s) be tendered  \nY/N\n\n🞏 Sentence indication required Duration\n\n🞏 Further mention\n\nReason for adjournment:\n\n🞏 Contest mention\n\nIssues in dispute:\n\nAny outstanding disclosure items:\n\n| Does the accused require an interpreter? | Yes | No |\n| If yes, which language? |  |  |\n\nAdjournment date required:\n\nSigned:\n\nProsecutor Legal representative for accused\n\nName: Name:\n\nForm 12 amended by S.R. No. 129/2023 rule 9.\n\nForm 12—Request for contested summary hearing\n\nRule 23\n\nRequest for contested summary hearing\n\n- In the Magistrates' Court of\n- Victoria at [*venue*] Court Ref.:\n- Informant: Accused:\n- 🞏 The accused is not legally represented\n- 🞏 The accused is represented by:\n- Estimated hearing time:\n- Has a summary case conference been held? 🞏 🞏\n- Does the accused consent to summary jurisdiction? 🞏 🞏\n\nOFFENCES\n\n- Are there co-offenders? 🞏 🞏\n- If yes, names of co-offenders:\n- Is it an alleged sexual offence? 🞏 🞏\n- Is it alleged that the offence arises out of an act of family violence? 🞏 🞏\n\nISSUES IN DISPUTE\n\n- Factual arguments 🞏 🞏\n- Question of law 🞏 🞏\n- Self defence 🞏 🞏\n- Alibi 🞏 🞏\n- Voir dire/Preliminary issues for determination 🞏 🞏\n- If yes to any of the above, description of issue\n(e.g. admissibility of all/part of VARE or ROI):\n- Application for a confidential communication or protected health information?\n(section 32C **Evidence (Miscellaneous Provisions) Act 1958**) 🞏 🞏\n- If yes, date of application:\n- Application in relation to sexual activities of the complainant?\n(sections 342, 344 **Criminal Procedure Act 2009**) 🞏 🞏\n- If yes, date of application:\n- Tendency/coincidence notices? 🞏 🞏\n- If yes, date to be served by:\n- Hearsay notices? 🞏 🞏\n- If yes, date to be served by: .\n- Material not yet provided? 🞏 🞏\n- If yes, provide details:\n- Admissions/concessions? 🞏 🞏\n- If yes, provide details:\n- Ground rules hearing to be held? 🞏 🞏\n- If yes, date to be held:\n- WITNESSES REQUIRED\n- ***Prosecution:*** YES NO\n- Informant 🞏 🞏\n- Corroborator 🞏 🞏\n- Other police officer 🞏 🞏\n- Civilian 🞏 🞏\n- Expert 🞏 🞏\n- Child witness 🞏 🞏\n- Child witness service booked? 🞏 🞏\n- Cognitively impaired witness 🞏 🞏\n- Remote booked? 🞏 🞏\n- Witness in custody 🞏 🞏\n- Witness in other location 🞏 🞏\n- Protected witness 🞏 🞏\n- Remote booked? 🞏 🞏\n- Order made for Victoria Legal Aid to cross-examine witness (section 357 **Criminal Procedure Act 2009**)? 🞏 🞏\n- ***Accused:*** YES NO\n- Civilian 🞏 🞏\n- Expert 🞏 🞏\n- Child 🞏 🞏\n- Will compellability of family members arise?\n(section 18 **Evidence Act 2008**) 🞏 🞏\n- Legal advice arranged? 🞏 🞏\n- Will self-incrimination arise?\n(section 128 **Evidence Act 2008**) 🞏 🞏\n- Legal advice arranged? 🞏 🞏\n\nFORMAT OF EVIDENCE/EXHIBITS\n\n|  | YES | NO |\n| CCTV | 🞏 | 🞏 |\n| Body worn camera footage | 🞏 | 🞏 |\n| Other exhibits in electronic form | 🞏 | 🞏 |\n\nRESOURCES REQUIRED\n\n- Audiovisual link 🞏 🞏\n- Remote witness facility 🞏 🞏\n- DVD/laptop 🞏 🞏\n- Interpreter 🞏 🞏\n- If yes, language required:\n\nREQUEST MATTER BE LISTED FOR A CONTESTED HEARING\n\n- [*Name and signature of legal practitioner of accused OR accused*]\n- [*Name and signature of prosecutor*]\n- Note: If the accused is not legally represented, this form is to be completed by the prosecution relevant to the information in their possession.\nThis form is to be filed with the Court Coordinator at the relevant venue.\n\nForm 13—Witness summons\n\nRule 26\n\nWitness Summons\n\nTo the witness\n\nDETAILS OF THE CASE\n\nName of person charged: [*accused*]\n\nSummary of the charges:\n\nRelevant documents or things likely to be in possession or control of the witness:\n\nWho filed the charges? [*informant*]\n\nEmail address: Telephone:\n\nWHAT YOU HAVE TO DO\n\nYou must bring this summons with you and—\n\n🞏 come to court to give evidence in the proceeding\n\n🞏 come to court to give evidence and also produce at the hearing the following documents or things that are in your possession or control\n\n🞏 produce at the hearing the following documents or things that are in your possession or control\n\nIf you are required to give evidence, you must attend the hearing.\n\nIf you fail to attend the hearing or give evidence in accordance with this summons a warrant for your arrest may be issued.\n\nYou may produce this summons and the documents or things referred to above to the registrar of the Magistrates' Court at [*venue*] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the date on which you are required to attend.\n\nIf you have any objection to giving evidence or producing documents you must attend Court and a magistrate will decide whether you must give evidence or produce documents. You should obtain legal advice before making an objection.\n\nWHERE WILL THE CASE BE HEARD?\n\nAddress: Telephone:\n\nWhen\n\nTime: Day: Month: Year:\n\nSummons filed by: [*identify party*]\n\nLegal representative:\n\nName of firm:\n\nIF YOU HAVE ANY QUESTIONS ABOUT THIS SUMMONS:\n\nPlease contact the party who filed the summons.\n\nForm 13A substituted by S.R. No. 129/2023 rule 10.\n\nForm 13A—Notice of intention to apply for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958\n\nRule 27\n\nNOTICE OF INTENTION to APPLY FOR LEAVE UNDER SECtion 32C(1) of the evidence (MIscellaneous Provisions) Act 1958\n\n(Section 32C(1) of the **Evidence (Miscellaneous Provisions) Act 1958**)\n\nIN THE MATTER of:\n\nThis form is filed on behalf of:\n\nLegal representative:\n\nName of legal practice/agency:\n\nThe charges are listed on:\n\nTAKE NOTICE THAT:\n\nPursuant to section 32C(1) of the **Evidence (Miscellaneous Provisions) Act 1958** (***the Act***), the applicant intends to make an application on [*date*] at [*time*] in the Magistrates' Court at [*place*] to seek leave:\n\n*to compel the production of a document that contains/*to produce a document that discloses/*to adduce evidence that discloses:\n\n*a confidential communication (as defined in section 32B(1) of the Act)/*protected health information (as defined in section 32B(1) of the Act).\n\nThe nature of the *confidential communication/*protected health information to be produced or adduced is:\n\n[*insert a description of the material sought, confined to relevant dates and times and restricting where possible the number and nature of documents sought*]\n\nThe matters to be taken into account to determine whether leave should be granted are set out in section 32D of the Act.\n\n*You may, with the leave of the Court, appear and make submissions in relation to the application.\n\nNOTE:\n\nThis notice must be served on the following persons not less than 14 days before the date for the hearing of the application—\n\n each other party to the proceeding;\n\n the informant;\n\n if the notice relates to a confidential communication, the medical practitioner or counsellor to whom that communication was made;\n\n if the notice relates to protected health information, either—\n\n• the person who recorded or collected the information (or, if the information is an opinion, formed that opinion); or\n\n• if the information is held by an organisation, that organisation.\n\n*A draft witness summons is attached to this notice.\n\nForm 13B inserted by S.R. No. 129/2023 rule 11.\n\nForm 13B—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958\n\nRule 27A\n\nNOTICE to PROTECTED PERSON OF APPLICATION FOR LEAVE UNDER SECtion 32C(1) of the evidence (MIscellaneous Provisions) Act 1958\n\n(Section 32CD(1) of the **Evidence (Miscellaneous Provisions) Act 1958**)\n\nIN THE MATTER of:\n\nNOTICE IS GIVEN BY:\n\nADDRESS:\n\nTHIS MATTER IS NEXT LISTED ON: [*date*] for [*type of hearing*]\n\n[*name of applicant*] intends to apply under section 32C(1) of the **Evidence (Miscellaneous Provisions) Act 1958** (***the Act***) for leave:\n\n*to compel the production of a document that contains/*to produce a document that discloses/*to adduce evidence that discloses:\n\n*a confidential communication (as defined in section 32B(1) of the Act) that you have made/*protected health information (as defined in section 32B(1) of the Act) about you.\n\nThe nature of the *confidential communication/*protected health information to be produced or adduced is:\n\n[*insert a description of the material sought*]\n\nThe application is listed for hearing at [*time*] in the Magistrates' Court at [*place*].\n\nEmail address for the Court: [*insert email address for that place*]\n\nThe matters to be taken into account to determine whether leave should be granted are set out in section 32D of the Act.\n\nYou are entitled:\n\n• to appear in person at Court for the hearing of the application; and\n\n• to make submissions to the Court about the application; and\n\n• to give the Court a confidential statement (in the form of an affidavit) that describes the harm that is likely to be caused to you if the application is granted.\n\nIf you give the Court a confidential statement, the Court must not make the statement available or disclose its contents to anyone other than you or your legal representative, unless the Court considers that it is in the interests of justice to do so.\n\nIf you intend to appear in person at Court for the hearing of the application, please contact: [*insert contact details of the informant/prosecutor*]\n\nIf you intend to give the Court a confidential statement, it can be filed with the Court by emailing a copy of the confidential statement, no later than 2 days before the date listed for the hearing, to the email address for the Court (listed above).\n\nA confidential statement must be in the form of an affidavit. An affidavit is a written statement of fact, sworn by oath or affirmation.\n\nYou may wish to consider whether to obtain legal advice in relation to the application.\n\nIf you do not have a lawyer, the Law Institute of Victoria can assist in connecting you through the 'Find Your Lawyer' referral service. The Find Your Lawyer referral service operates by telephone from 9 a.m. to 5 p.m. Monday to Friday and can be reached by calling 03 9607 9550. For further information visit https://www.liv.asn.au/LegalHelp.\n\nVictoria Legal Aid (VLA) can provide preliminary assistance through their Legal Help referral service. The Legal Help referral service operates by telephone from 8 a.m. to 6 p.m. Monday to Friday and can be reached by calling 1300 972 387. You can also leave a message via the 'Legal Help Chat' function that can be accessed through VLA's website by visiting https://www.legalaid.vic.gov.au.\n\nAlternatively, you may wish to seek assistance through your local community legal centre. The Federation of Community Legal Centres (Vic) (FCLC) can assist in finding your local centre and how to contact them for an appointment. The FCLC can be reached by calling 03 9652 1501. For more information visit <https://fclc.org.au/find_a_community_legal_centre>.\n\nThe Victorian Aboriginal Legal Service (VALS) can provide legal advice to Aboriginal and Torres Strait Islander people. The VALS telephone service operates from 9 a.m. to 5 p.m. Monday to Friday and can be reached by calling 1800 064 865.\n\n[*signature*]\n\nForm 14—Notice of alibi\n\nRule 28\n\nNotice of Alibi\n\n(Section 51 of the **Criminal Procedure Act 2009**)\n\nTo the prosecutor or the informant\n\nCharge-sheet filed on: [*date*]\n\nNature of offence:\n\nOn [*date*] in the Magistrates' Court at [*venue*] the accused will appear for the above offence.\n\nTake notice that the accused intends to adduce evidence at the hearing in support of an alibi and provides the following information in support of the alibi: [*if space insufficient attach a separate sheet*.]\n\n(a) [*state the name of each witness the accused proposes to call*];\n\n(b) [*state the current address of each witness, if known to the accused*];\n\n(c) [*last known address of* *each witness. If the name and address of a witness is not known, the accused must state any information which might be of material assistance in finding the witness*];\n\n(d) [*state the facts on which the accused relies*].\n\nThis notice may be given to the prosecutor or informant, by handing it to them at a hearing in relation to the charge, or by sending it by prepaid ordinary post to a nominated business address, by sending it to a nominated email address, or by leaving the notice at the nominated business address with a person who appears to work there or in any other manner agreed with the informant or prosecutor.\n\nIf the accused is in a prison or a police gaol, the officer in charge of the prison or police gaol will arrange for this notice, when completed by the accused, to be given or sent to the prosecutor or informant.\n\nForm 15—Case abridgement application\n\nRule 30\n\nCase Abridgement Application\n\nApplicant:\n\nDate of hearing of application:\n\nName of accused:\n\nCurrent date of hearing:\n\nProposed abridgement date:\n\nReason for abridgement: [*set out the grounds of the application in detail*]\n\nApplication by consent: Yes/No\n\nNotice of application to other parties: Yes/No\n\nAccused in custody: Yes/No\n\nSignature of applicant/legal representative:\n\nForm 16—Application—identity crime\n\nRule 31\n\nApplication—Identity Crime\n\n(Section 89F of the **Sentencing Act 1991**)\n\nThis application is made by:\n\n🞏 the victim\n\n🞏 a person on behalf of the victim\n\n🞏 the prosecutor of the identity crime offence\n\nIn the matter of: [*prosecuting agency*] and [*offender*]\n\nI [*name of applicant*] apply *on behalf of [*name of victim*] *as a victim of identity crime, for a certificate under section 89F of the **Sentencing Act** **1991**.\n\n[*Name of offender*] was found guilty of an identity crime offence under Division 2AA of Part I of the **Crimes Act 1958** on [*date of conviction*].\n\nVictim:\n\nThis application relates to the following identity crime offence(s):  \n[*state identity crime*]\n\nDate of offence(s):\n\nParticulars of offence(s):\n\nForm 17—Identity crime certificate\n\nRule 31\n\nIdentity Crime Certificate\n\nIN THE MATTER of an application under section 89F of the **Sentencing Act 1991** for an identity crime certificate\n\nThe Magistrates' Court issues this identity crime certificate under section 89F of the **Sentencing Act 1991**.\n\nOn [*date*] the Court found [*name of offender*] guilty of an identity crime offence.\n\n1. The identity crime offence to which this certificate relates is [*specify identity crime offence and date of offence*].\n\n2. The name of the victim of the identity crime offence is [*name of victim*].\n\n*3. The Court considers the following other matters are relevant: [*specify any other relevant matters, for example address of victim, date of birth, gender*].\n\n[*Signature of Magistrate*]\n\nForm 18—Application for a rehearing\n\nRule 35\n\nApplication for a Rehearing\n\n(Section 88 of the **Criminal Procedure Act 2009**)\n\nInformant's name: Date of birth:\n\nAgency: Licence No.:\n\nAccused's name: Telephone:\n\nTHIS APPLICATION WAS FILED BY: *THE ACCUSED/*THE INFORMANT ON BEHALF OF THE ACCUSED\n\nOn [*date*] the Magistrates' Court at [*venue*] found the accused\n\nguilty of\n\nand ordered:\n\nThe order was made in the absence of the accused. The reason for the accused's non-attendance was:\n\n[*specify reasons*]\n\nThe charge-sheet was served 🞏 personally 🞏 by post 🞏 other\n\nOn [*date*] the accused intends to apply to the Magistrates' Court at [*venue*] for an order that the sentencing be set aside and the charge to be reheard.\n\nAPPLICATION FOR STAY OF ORDER (If the order affected the driver's licence)\n\nOn [*date*] the accused intends to apply to the Magistrates' Court at [*venue*] for an order that the order affecting the driver's licence be stayed and that the licence holder be allowed to drive until the decision of the re-hearing.\n\nNOTES FOR INFORMATION\n\nIf the application is made by the accused:\n\n1. Within 7 days of lodging the application, you **must** serve a copy of the application on the person who charged you. This is done—\n\n(a) by giving a copy of the application to the informant or a person representing the informant at a hearing in relation to the charge; or\n\n(b) by sending a copy of the application by prepaid ordinary post addressed to the informant at the business address nominated by the informant; or\n\n(c) by sending a copy of the application by email addressed to the informant at the email address nominated by the informant; or\n\n(d) by leaving a copy of the application for the informant at the informant's business address with a person who appears to work there; or\n\n(e) in any other manner agreed to by the informant.\n\nOnce you have served the application you must complete the ''Affidavit of Service'' and give it to the registrar of the Court at the venue where your case was heard. You must do this within a reasonable time before the Court date for the hearing of the application.\n\n2. If you are making an application for a stay of order you **must** serve a copy of the application on the person who charged you 7 days before the Court date for the hearing of the application.\n\n3. If you are in custody only because of the order that is the subject of this application, you may apply for bail pending the re-hearing.\n\nIf the application is made by the informant on behalf of the accused:\n\nA copy of the notice must be served in the same manner as a summons may be served.\n\nForm 19—Warrant to arrest\n\nRule 41\n\nWarrant to Arrest\n\n(Section 61 of the **Magistrates' Court Act 1989**)\n\n(**Criminal Procedure Act 2009**)\n\nName of person to be arrested: Court Ref.:\n\nAddress: Gender:\n\nPostcode: Date of birth:\n\nStatement of reasons for this warrant\n\nWhat is the reason? 🞏 The accused failed to appear before the Court in answer to a charge and summons.\n\n🞏 The accused failed to attend before the Court in accordance with the accused's bail.\n\n🞏 The accused failed to appear before the Court on [*date*] in answer to a notice to appear.\n\n🞏 The person was served with a witness summons and failed to attend before the Court on [*insert date*] in answer to that witness summons.\n\n🞏 Other [*give details*].\n\nThe accused was charged with:\n\nWho filed the charges?\n\nAgency and address\n\nWARRANT TO ARREST\n\nTo\n\n*all police officers\n\nor\n\n*[*insert name and rank of police officer*]\n\nYou are authorised to:\n\n* break, enter and search, if necessary, any place where the person named or described in this warrant is suspected to be;\n\n* arrest the person named or described in this warrant;\n\nAND TO\n\nbring the person before a Bail Justice or the Court as soon as practicable to be dealt with according to law;\n\nOR\n\nrelease the person on bail in accordance with the endorsement below.\n\nThe person named in the warrant may be discharged on bail under section 10 of the **Bail Act 1977**.\n\nIssued at Date\n\nIssued by  \n*Registrar/*Magistrate/*Judicial registrar:\n\n[*signature*]\n\nCERTIFICATE OF BAIL\n\nBail was granted on the following conditions:\n\nThe person named may be released upon entering an undertaking of bail to appear at the Magistrates' Court at [*insert venue*] on the following conditions:\n\n[*insert conditions*]\n\nMagistrate Date\n\nForm 20—Search warrant\n\nRule 42\n\nSearch Warrant\n\n(Section 75 of the **Magistrates' Court Act 1989**)\n\nCourt Ref.:\n\nName and/or description of person or article, thing or material:\n\nPlace or vehicle located in a public place where search will be conducted for article, thing or material:\n\nNumber and name of street and suburb:\n\nIdentifying details of vehicle:\n\nReason for search/suspected offence:\n\nThis warrant authorises\n\n*Name, Rank, No.:\n\nOr\n\n*all police officers:\n\n🞏 Search for a person\n\nto break, enter and search any place where the person named or described in this warrant is suspected to be;\n\nand\n\nto arrest the person named or described in this warrant.\n\n🞏 Search for any article, thing or material of any kind\n\nto break, enter and search any *place/*specified vehicle located in a public place named or described in this warrant for any article, thing or material of any kind described in this warrant;\n\nand\n\nto bring the article, thing or material before the Court so that the matter may be dealt with according to law;\n\nand\n\nto arrest any person apparently having possession, custody or control of the article, thing or material.\n\nIf the person is arrested\n\nYou must also cause the person named or described in the warrant, or apparently having possession, custody or control of any article, thing or material named or described in the warrant, when arrested—\n\n🞏 to be brought before a Bail Justice or the Court as soon as practicable to be dealt with according to law;\n\nor\n\n🞏 to be released on bail in accordance with the endorsement on this warrant.\n\nThis warrant is authorised by section of the Act Issued at a.m./p.m. on\n\nMagistrate [*name*]\n\nSignature\n\n*Delete if not applicable.\n\nForm 21 amended by S.R. No. 102/2021 rule 4.\n\nForm 21—Remand warrant\n\nRule 43\n\nRemand Warrant\n\n(Section 79 of the **Magistrates' Court Act 1989**)\n\n- Name of accused (or witness) Court Ref.:\n- Address Gender\n- Postcode Date of birth\n- 🞏 The accused (or witness) has been 🞏 remanded in custody\n- 🞏 returned to the custody of the Secretary to the Department of Justice and Community Safety\n- 🞏 The proceeding has been adjourned and the accused is to be brought before the Magistrates' Court at at 10.00 a.m. on\n- 🞏 The proceeding has been adjourned and, in accordance with section 42JA of the **Evidence (Miscellaneous Provisions) Act 1958**, the accused is required to appear before the Magistrates' Court at [*venue*] on the [*date of hearing*] via audio visual link at the time of [*time of hearing*], unless the accused is held in a place without audio visual facilities, in which case the accused is to be brought physically before the Court at that time.\n- 🞏 The accused has been committed to stand trial.\n- The charge\n- What is the charge?\n[*brief description*]\n- Who filed the charge?\n- Agency and address\n- The charge is filed 🞏 at the Magistrates' Court at\n- 🞏 with the Bail Justice making this order\n- AUTHORITY AND DIRECTIONS\n- To all police officers, or all prison officers, or [*insert name*]\n- You must take and safely convey the person named in this warrant to\n🞏 a prison 🞏 a police gaol 🞏 a youth justice centre\nand deliver the person to the officer in charge of that facility.\n- To the Secretary to the Department of Justice and Community Safety or the Chief Commissioner of Police (as the case may be), or any other person into whose custody the person is transferred.\n- You must receive the person named in this warrant into custody and safely keep that person—\n- (a) until [*date of next hearing*] when you are to convey the person to [*court location*] at [*time of hearing*]; or\n- (b) for the period specified, or in the circumstances described, in this warrant; or\n- (c) until that person is otherwise removed or discharged from custody by due course of law.\n- 🞏 The accused has consented to an adjournment of the proceeding for more than 8 clear days. The accused has also been granted bail. If the accused has not been released on bail at the end of 8 days the person who has custody of the accused must bring the accused before the Magistrates' Court at [*venue*] or to the Melbourne Assessment Prison or to [*name of other place*] where facilities exist to enable the accused to appear before the Court by means of audio visual link.\n- ENDORSEMENTS\n- 🞏 The accused did not apply for bail.\n- 🞏 I certify that the accused's application for bail was refused. The reasons for my refusal are:\n- 🞏 I certify that bail was granted and the accused is to be released from custody when the accused signs an undertaking with the conditions which are endorsed below:\n- 🞏 The accused was legally represented byName of legal practitioner:Name of legal practice:Contact details:\n\nSigned at on by\n\n*Magistrate/*Bail Justice/*Registrar\n\nForm 22—Warrant to imprison\n\nRule 44\n\nWarrant to Imprison\n\n**(Except for unpaid fine(s))**\n\n(Section 68(a) and (c) of the **Magistrates' Court Act 1989**)\n\nWARRANT TO IMPRISON Court Ref.:  \n(Except for unpaid fine)\n\nOffender's name: Gender:  \n\nAddress: Date of birth:\n\nWhere proceeding heard the Magistrates' Court at [*venue*]\n\nWho filed the charges? Agency  \n(informant)\n\nImprisonment order summary:\n\nDate sentence imposed:\n\nEffective total term Years Months Days\n\nMinimum term before becoming eligible for parole Years Months\n\nFinding that minimum term inappropriate under section 11 of the **Sentencing Act 1991** 🞏 Yes 🞏 No\n\nTime spent in custody: Years Months Days\n\nTaken into account 🞏 Yes 🞏 No\n\nEligible for pre-release 🞏 Yes 🞏 No\n\nSentences imposed in this case to be—\n\ncumulative upon other sentences presently being  \nserved 🞏 Yes 🞏 No\n\npart concurrent with other sentences presently being  \nserved 🞏 Yes 🞏 No\n\nConcurrent portion of sentence Years Months Days\n\ncumulative on any period owed to the Parole Board 🞏 Yes 🞏 No\n\npart concurrent with any period owed to the Parole  \nBoard 🞏 Yes 🞏 No\n\nConcurrent portion of sentence Years Months Days\n\nAuthority and directions\n\nTo all police officers, all prison officers or [*insert other*]\n\nYou are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to—\n\n🞏 a prison or police gaol 🞏 a youth justice centre\n\nand to deliver the person to the officer in charge of the prison, police gaol or youth justice centre.\n\nTo the Commissioner of Corrections Victoria or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in this warrant is transferred:\n\nYou are directed and authorised to receive that person into custody and safely keep that person for the period specified, or in the circumstances described in this warrant or until that person is otherwise removed or discharged from custody by due course of law.\n\nIssued by Registrar Date\n\n[*Signature*] Magistrate\n\nSchedule to warrant to imprison\n\nCourt Ref.:\n\nOffender Page No.\n\nCodes\n\nS Offence is against State law\n\nC Offence is against Commonwealth law\n\nG Plea of guilty\n\nNG Plea of not guilty\n\nXP Ex parte hearing, accused did not appear in court\n\nAGG Sentence imposed on this charge is an aggregate sentence under section 4K(4) of the Crimes Act 1914 of the Commonwealth and the aggregate term to be served in relation to all AGG sentences in this case is the period in the \"Imprisonment\" column beside the first AGG sentence\n\nBAS The base sentence for the purposes of cumulative and part concurrent sentences in this case\n\nCUM A sentence to be served cumulatively upon the base sentence and upon all other cumulative and part concurrent sentences in this case\n\nDFR Court directed release under section 20(1)(b) of the Crimes Act 1914 of the Commonwealth after service of the period shown in the column \"Portion of term to be served\"\n\nPCO Sentence to be served part concurrently with other sentences in this case. The non-current balance of the sentence shown in the column \"Portion of term to be served\"\n\nSchedule to Warrant to Imprison\n\nCase No.\n\nAccused Page No.\n\nCode Table\n\n- Charge Number Date of offence S\nC G NG XP Brief description of offence Act and Section Imprisonment (detention) term Portion of term to be served (where app.) Sentence (period) code Min. Term C'wlth only\n- There are more pages No Yes — pagesRegistrar\n\nWarrant execution details\n\nPolice Station Warrant executed by me on at a.m./p.m.\n\nName, Rank and Number\n\nForm 23—Warrant to imprison\n\nRule 45\n\nWarrant to Imprison\n\n**(Unpaid fine(s))**\n\n(Section 68(b) of the **Magistrates' Court Act 1989**)\n\n|  | Court Ref.: |  |\n\n- Offender's name: Gender:\n- Address:\n- Who filed the charges? Agency:\n\nDETAILS OF THE FINE\n\nOn [*date*] the Magistrates' Court at [*venue*]\n\nconvicted and fined the offender.\n\n- Amount unpaid\n- Charge Total penalty imposed Fine Statutory costs Costs Default period\n- 1\n- 2\n- 3\n- 4\n- 5\n- 6\n- 7\n- 8\n- 9\n- 0\n- Total amount unpaid $\n\nAUTHORITY AND DIRECTIONS\n\nTo all police officers, all prison officers, the sheriff or [*insert other*]\n\nYou are to demand payment of the amount unpaid from the person named in this warrant. If this amount is paid you must send it immediately to the Court.\n\nIf the amount is not paid\n\nYou are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to:\n\n🞏 a prison or police gaol\n\n🞏 a youth justice centre\n\nand to deliver the person to the officer in charge of the prison, police gaol or youth justice centre.\n\nTo the Commissioner of Corrections Victoria or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in the warrant is transferred:\n\nYou are directed and authorised to receive that person into custody and safely keep that person for the period specified in the warrant or until otherwise removed or discharged from custody by due course of law.\n\nIf the amount unpaid is paid you are to release the person named in this warrant and immediately send the amount to the Court.\n\nIf the amount is partly paid you must reduce the term of imprisonment using the formula set out in section 71(1)(b) of the **Magistrates' Court Act 1989**, amend the execution copy of the warrant, receive the payment and forward it without delay to the Court.\n\nRegistrar: [*signature*]\n\nMagistrate: [*signature*]\n\nForm 24—Warrant to seize property\n\nRule 46\n\nWarrant to Seize Property\n\n|  | Court Ref.: |\n\n- Who was ordered to pay: Gender: Co:\n- Address: Date of birth:\n- ACN:\n- Registration No.:\nState:\n- Licence No.:\nState:\n- Amount ordered to be paid:\n- On [*date*] the Magistrates' Court at [*venue*] ordered\n- Fine Statutory costs Other costs\n- Payment of $ $ $\n- Since then payments made were: $ $ $\n- This leaves a balance of $ $ $\n- Now outstanding and payable is named may be seized and sold. $ or personal property of the person\n- WARRANT\n- To 🞏 all police officers 🞏 the sheriff\n- The person named was ordered to pay money to the Court and has failed to comply with the order.\n- You are directed and authorised to:\n- 1. Seize the personal property of the person named in this warrant.\n- 2. Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid.\n- 3. Pay all money recovered to the registrar of the Magistrates' Court at the venue of the Court where this warrant was issued.\n\nIssued at: [*venue*]\n\nRegistrar: [*signature*]\n\nMagistrate: [*signature*]\n\nForm 25—Notice of appearance\n\nRule 49\n\nNotice of Appearance\n\n- BETWEEN: [*name of informant*]\n- v.\n- [*name of accused*]\n- Committal mention date:\n\nAPPEARANCE\n\nTAKE NOTICE THAT the legal practitioner (or firm) indicated below has been instructed to represent the accused.\n\n[*name(s) of accused*]\n\nI *have/*have not been instructed to accept personal service of documents on behalf of the accused.\n\n[*Signed*]\n\nName of legal practitioner (or firm):\n\nAddress of legal practitioner (or firm):\n\nTelephone number:\n\nEmail address for service of documents electronically:\n\nName of person handling the matter:\n\nPresent address of accused:\n\nThis notice of appearance is to be filed with the Court, served on the informant and DPP if applicable.\n\nForm 25A—Notice that legal practitioner has ceased to act\n\nRule 51\n\nNotice that legal practitioner has ceased to act\n\nIN THE MATTER OF:\n\nTHIS FORM IS FILED ON BEHALF OF:\n\nADDRESS:\n\nTHIS MATTER IS NEXT LISTED ON: [*date*] FOR .\n\nCONTACT DETAILS\n\nContact no.: Email address:\n\nAddress for service:\n\nFirm: Practitioner's name:\n\nSolicitor code: Ref.:\n\nTAKE NOTICE that the legal practitioner (or firm) indicated above no longer acts for the person named.\n\nFORMER CLIENT'S CONTACT DETAILS (if known):\n\nNew practitioners' name:\n\nOR\n\nAddress for service:\n\nContact no.: Email address:\n\n[*Signed*]\n\nNOTE\n\nThis notice must be served on—\n\n• the DPP/Respondent; and\n\n• the Magistrates' Court Registry—\n\nimmediately after a legal practitioner has ceased to act for an accused.\n\nForm 26—Application for compulsory examination\n\nRule 55\n\nApplication for Compulsory Examination\n\n(Section 103 of the **Criminal Procedure Act 2009**)\n\nTO: [*name of person who is to attend*]\n\nTHE APPLICANT [*insert name*] applies for an order—\n\nTAKE NOTE: In relation to the person sought to be examined:\n\n*the prosecution asked the person to make a statement and the person refused to do so;\n\n*the informant *is/*is not aware the person has obtained legal advice in relation to the proposed examination;\n\n*the person *has/*has not been a suspect with respect to the matter;\n\n*the person *has/*has not been made aware of this application.\n\nThe committal mention date in this committal proceeding is: [*date*].\n\nat a.m./p.m. or so soon afterwards as the business of the Court allows.\n\n[*Registrar*]\n\nThis application was filed by: [*name of informant*]\n\nForm 27—Notice of order\n\nRule 56\n\nNotice of Order\n\n[*to be served on the accused*]\n\nTO: [*name of accused*]\n\nAn order requiring that [*name of person to whom order relates*] attend before the Court in this committal proceeding has been made by the Court on the application of the informant under section 103 of the **Criminal Procedure Act 2009**.\n\nTHE COURT HAS ORDERED that [*name of person to whom order relates*] attend before the Court for the purpose of—\n\n*being examined by or on behalf of the informant;\n\n*producing a document or thing, namely—\n\n[*describe the document or thing*];\n\n*being examined by or on behalf of the informant and producing a document or thing or both [*describe the document or thing*];\n\n(a) at [*venue of Court*] Magistrates' Court;\n\n(b) at 10.00 a.m. [*or as the case requires*] on [*date*] and until [*name of person to whom order relates*] is excused from further attending.\n\n*Signature of informant*\n\nNOTES TO THE ACCUSED\n\n(1) Any question concerning this notice should be addressed to the informant not to the Court.\n\n(2) You may wish to seek legal advice in which case you should contact your legal representative or Victoria Legal Aid immediately.\n\n(3) You may attend Court on the above date and you may be legally represented.\n\n(4) You may not cross-examine a witness attending the Court under an order made under section 103 of the **Criminal Procedure Act 2009**.\n\n(5) If you attend Court and, if the Court determines there are exceptional circumstances, you may address the Court on the proceeding personally or through a legal practitioner representing you.\n\nForm 28—Notice of order\n\nRule 56\n\nNotice of Order\n\n[*to be served on person to whom order relates*]\n\nTO: [*name of person to whom order relates*]\n\nAn order requiring that [*name of person to whom order relates*] attend before the Court in this committal proceeding has been made by the Court on the application of the informant under section 103 of the **Criminal Procedure Act 2009**.\n\nTHE COURT HAS ORDERED that [*name of person to whom order relates*] attend before the Court for the purpose of—\n\n*being examined by or on behalf of the informant;\n\n*producing a document or thing, namely—\n\n[*describe the document or thing*];\n\n*being examined by or on behalf of the informant and producing a document or thing or both [*describe the document or thing*];\n\n(a) at [*venue of Court*] Magistrates' Court;\n\n(b) at 10.00 a.m. [*or as the case requires*] on [*date*] and until [*name of person to whom order relates*] is excused from further attending.\n\n*Signature of informant:*\n\nNOTES TO PERSON TO WHOM ORDER RELATES\n\n(1) If you do not comply with the order you may be arrested.\n\n(2) Any question concerning this notice should be addressed not to the Court but to the informant.\n\n(3) You have the right to be legally represented at the proposed examination.\n\n(4) You may wish to seek legal advice in which case you should contact your legal representative or Victoria Legal Aid immediately.\n\nForm 29 amended by S.R. No. 133/2025 rule 14.\n\nForm 29—Notice of committal mention date and hand-up brief\n\nRule 57\n\nNotice of Committal Mention date and Hand-Up Brief\n\n(Section 110 of the  **Criminal Procedure Act 2009**)\n\nTO: [*accused*]\n\nof [*address(es)*]\n\nInformant's contact details—[*insert name and contact details*]\n\nCOMMITTAL MENTION DATE\n\nYou have been charged with *a criminal offence/*criminal offences. A copy of the charge-sheet is attached to this notice.\n\nThere will be a committal mention hearing in relation to *the charge/*those charges at the Magistrates' Court at [*venue*] on [*date*] at [*time*].\n\nYou must attend court on that date.\n\nWHAT IS A COMMITTAL PROCEEDING?\n\nA committal proceeding is a proceeding in the Magistrates' Court for some cases involving indictable offences. A committal proceeding has a case management function. The purposes of a committal proceeding are—\n\n• to determine whether a charge for an offence is appropriate to be heard and determined summarily by the Magistrates' Court; and\n\n• to determine how you propose to plead to the charge or charges against you; and\n\n• to ensure a fair trial, if the matter proceeds to trial.\n\nIf the Court determines that a charge against you is not appropriate to be heard and determined summarily, the Court will commit you for trial in the County Court or the Supreme Court in relation to the charge.\n\nDepending on the nature of the case and of the witnesses, a committal hearing may be held and you may be able to ask the Court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.\n\nDISCUSSION OF ISSUES WITH THE PROSECUTOR\n\nAt least 7 days before the committal mention date you or your lawyer must discuss your case with the prosecutor. (If you or your lawyer have not already been notified of the prosecutor's contact details, you or your lawyer should be notified of those details no later than 14 days before the committal mention date.)\n\nThe purpose of the discussion is to find out matters including—\n\n(a) whether you propose to plead guilty or not guilty;\n\n(b) where applicable, whether you will be asking to cross-examine any of the witnesses whose statements are contained in the hand-up brief of evidence, and whether the prosecutor opposes that cross-examination;\n\n(c) whether you want to inspect any things that are listed in the hand‑up brief of evidence, and whether the informant objects to that inspection;\n\n(d) whether you will be electing to stand trial in the County Court or the Supreme Court;\n\n(e) if a charge may be heard and determined summarily, whether you will be applying to the Court to have the charge tried by a magistrate in the Magistrates' Court rather than by a judge and jury in the County Court or Supreme Court.\n\nTHE COMMITTAL MENTION HEARING\n\nA committal mention hearing is one of the stages of a committal proceeding. At a committal mention hearing the Magistrates' Court may do any of the following—\n\n(a) determine the committal proceeding and commit you for trial in the County Court or the Supreme Court in relation to the charge against you;\n\n(b) offer a summary hearing or determine an application for the charge to be heard and determined summarily in the Magistrates' Court;\n\n(c) hear and determine an application for leave to cross-examine a witness;\n\n(d) fix a date for a committal hearing;\n\n(e) hear and determine any objection to disclosure of material;\n\n(f) fix another date for a committal mention hearing;\n\n(g) hold a committal case conference;\n\n(h) make any other order or give any direction that the Magistrates' Court considers appropriate.\n\nTHIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.\n\nIf you do not have a lawyer, you should contact a legal practitioner, Victoria Legal Aid as soon as possible. If you are eligible, you have a right to legal aid under the **Legal Aid Act 1978**.\n\n[*telephone number for Law Institute of Victoria Referral Service*—*insert details*]\n\n[*address and telephone number for Victoria Legal Aid*—*insert details*]\n\n[*address and telephone number of registrar of Magistrates' Court*—*insert details*]\n\nIf you come to the committal mention hearing without a lawyer the Court will not delay the hearing to enable you to get a lawyer unless you have already made reasonable efforts to get a lawyer.\n\nAFFIDAVIT OF SERVICE\n\na police officer in the State of Victoria *make oath and say/*affirm that I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [*address*] on [*day of week*] [*date*] at [*time*].\n\nThe contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.\n\n*Sworn/*affirmed at [*place*]\n\nin the State of Victoria\n\non [*date*] [*time*]\n\nBefore\n\n*a person authorised under section 19(1) of the **Oaths and Affirmations Act 2018** to take an affidavit.\n\nDECLARATION OF SERVICE\n\na police officer in the State of Victoria declare that I served on the accused a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the accused personally at [*address*] on [*day of week*] [*date*] at [*time*].\n\nI declare that the contents of this statutory declaration are true and correct and I make it knowing that a person making a statutory declaration that I know to be untrue is an offence.\n\n*Declared at [*place*]\n\nin the State of Victoria\n\non [*date*] [*time*]\n\nBefore\n\n*a person authorised under section 30(2) of the **Oaths and Affirmations Act 2018** to witness the signing of a statutory declaration.\n\nForm 30—List of information or other documents included in hand-up brief\n\nRule 57\n\nList of Information or Other Documents Included in Hand-up Brief\n\n(Section 110 of the  **Criminal Procedure Act 2009**)\n\n1. A notice of committal mention date and hand-up brief and a copy of the charge-sheet relating to the alleged offence.\n\n2. A statement of the material facts relevant to the charge is attached.\n\n*3. Order(s) were made for the examination of [*names of persons*] under section 104 of the **Criminal Procedure Act 2009** and transcript(s) of the examination(s) *is/*are *attached/*not attached.\n\nOR\n\n*3. No orders were made for the examination of any person under section 104 of the **Criminal Procedure Act 2009**.\n\nOR\n\n*3. There are no forensic procedures, examinations or tests on which the prosecutor intends to rely as tending to establish the guilt of the accused that are not yet completed.\n\nOR\n\n*3. The following forensic procedures, examinations or tests on which the prosecutor intends to rely as tending to establish the guilt of the accused are not yet completed [*describe here any forensic procedures, examinations or tests that are not yet completed*].\n\n*4. The following is a list of other statements that are capable of being admitted in evidence relevant to the charge available to the informant but on which the informant does not intend to rely.\n\n[*list statement(s) here*]\n\nOR\n\n*4. There is no other statement that is capable of being admitted in evidence relevant to the charge available to the informant but on which the informant does not intend to rely.\n\n5. The following information, document or thing on which the prosecution intends to rely in the committal proceeding are—\n\n*a copy of any statement relevant to the charge signed by the accused, or a record of interview of the accused, that is in the possession of the informant\n\n*a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge\n\n*a list of the persons who have made statements that the informant intends to tender at the committal hearing, together with copies of those statements\n\n*a legible copy of any document which the prosecution intends to produce as evidence\n\n*a list of any things the prosecution intends to tender as exhibits\n\n*a clear photograph, or a clear copy of such a photograph, of any proposed exhibit that cannot be described in detail in the list\n\n*a copy, or a transcript, of any audio recording or audiovisual recording required under Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958**\n\n*a transcript of any audio or audiovisual recording for the purposes of section 368 of the **Criminal Procedure Act 2009**\n\n*a list of any things the prosecution intends to tender as exhibits.\n\n6. Any other information, document or thing in the possession of the prosecution that is capable of being admitted in evidence relevant to the charge but on which the prosecutor does not intend to rely are—\n\n*a list of the persons (including experts) who have made statements relevant to the alleged offence and a copy of the statement made by each person or written summary of any evidence likely to be given by that person\n\n*a copy of records of any medical examination of the accused\n\n*a copy of reports of any forensic procedure or forensic examination conducted on the accused\n\n*a copy of the results of any tests carried out on behalf of the prosecution and relevant to the alleged offence\n\n*if the committal proceeding relates to a charge for a sexual offence, a copy of every statement made by the complainant to any police officer that relates to the alleged offence and contains an acknowledgement of its truthfulness\n\n*running sheets\n\n*prisoner's register\n\n*attendance register\n\n*expert witness notes\n\n*witnesses' prior convictions\n\n*notes (prosecution witness)\n\n*photos or photocopies where it is impractical to produce extra sets\n\n*video files or video recordings\n\n*audio files or audio recordings\n\n*notes (e.g. surveillance logs, crime scene notes, exhibit logs, diaries (official or otherwise))\n\n*other documents (provide details).\n\nNOTE\n\nThis form is to be completed by the informant and included in any hand-up brief.\n\nForm 31—Application\n\nRules 58, 71, 74\n\nApplication\n\nTO: [*identify party (if any) to whom notice of application is to be given*]\n\nTHE APPLICANT [*insert name*] applies—\n\n*1. for an order that a special mention hearing takes place.\n\n[*set out purpose of special mention hearing, as required by Rule 74*]\n\n*2. for leave to cross-examine [*insert name of witness*], after the expiry of the period for giving notice of cross-examination under section 120 of the **Criminal Procedure Act 2009**\n\n*3. for the following orders—\n\n[*set out details of order(s) sought. Also set out the grounds for the application*]\n\nThe *committal mention date/*committal hearing date in this committal proceeding is: [*date*].\n\nat a.m. [*or p.m.*] or so soon afterwards as the business of the Court allows.\n\nSignature of applicant or applicant's legal practitioner:\n\nThis application was filed by:\n\n*delete if not applicable.\n\nForm 32 amended by S.R. No. 101/2022 rule 9, substituted by S.R. No. 133/2025 rule 15.\n\nForm 32—Case direction notice—proceedings to which section 123 of the Criminal Procedure Act 2009 does not apply and/or for which Part 4.6A of that Act does not require early committal\n\nRule 59(1)\n\nCase Direction Notice—proceedings to which section 123 of the Criminal Procedure Act 2009 does not apply and/or for which Part 4.6A of that Act does not require early committal\n\n(Section 119 of the **Criminal Procedure Act 2009**)\n\n🞏 the *accused/*accused's legal practitioner has read the brief of evidence; and\n\n🞏 the DPP or informant has read the brief of evidence; and\n\n🞏 the accused and the DPP or informant have discussed whether this matter can be resolved by *a plea/*pleas of guilty and, if so, on what charge(s); and\n\n🞏 the accused and the DPP or informant propose that this committal proceeding be dealt with as follows—\n\n*TAKE NOTICE that no legal practitioner has served a notice of appearance on the DPP or informant in this matter, the DPP or informant is not aware of any legal practitioner representing the accused and the accused has not participated in any discussion or other activity in connection with the preparation of this notice.\n\n*1. The Court should determine the committal proceeding at this committal mention hearing.\n\nIf committed for trial, how does the accused intend to plead?\n\n*Guilty/*Not guilty/*Not applicable (charge to be withdrawn)\n\n[*If there is more than one charge, and the answers to these questions are not the same for all charges, list the charges separately or in groups and provide answers in relation to each charge or group of charges.*]\n\n*Basis of indication of intention to plead:\n\n[*If the accused indicates an intention to plead on a particular basis or bases, briefly indicate that basis or those bases. For example—*\n\n*The indication is made without prejudice in the course of negotiations to settle the matter.*\n\n*The indication is made on the basis that the informant will withdraw particular charges.*]\n\n*2. The parties seek a determination that a committal case conference is not required to be held. The grounds for the request are—[*insert grounds for request*]\n\n*3. The issues identified by the parties to be addressed at the committal case conference are set out in the attached notice (Form 32B).\n\n*4. The accused will apply for a summary hearing of the following charge(s):\n\n| Charge | Proposed plea |\n| [*list each charge for which there will be an application for a summary hearing*] | *Guilty<br>*Not guilty |\n\n*5. The accused will apply for leave to cross-examine the following witness or witnesses:\n\nName of witness:\n\nDoes the informant oppose leave being granted? *Yes/*No\n\nIssue, relevance and justification:\n\n[*indicate the issue or issues identified by the accused to which the proposed questioning relates, how the accused considers cross-examination of the witness on the issue(s) is directly and substantially relevant to the issue(s) and the accused's reasons why, in the interests of justice, the witness should be cross-examined on the issue(s), including why the accused is of the view that these reasons are substantial reasons*]\n\nOpposition: [*indicate why the informant opposes leave being granted*]\n\n*6. The particulars of previous convictions of any witness on whose evidence the prosecution intends to rely in the committal proceeding.\n\n*7. The parties seek a ground rules hearing.\n\n*8. The accused seeks the production of an item or items listed in the hand‑up brief and the informant objects to the production of the item or items—\n\nItem: [*describe the item(s)*]\n\nGround for objection: [*indicate the informant's ground for objecting to producing the item*]\n\n*9. The accused seeks the production of an item or items not included in the hand-up brief.\n\n*10. The prosecution did not describe the following in the disclosure certificate served on the accused under section 41A or 110A of the **Criminal Procedure Act 2009**—\n\n|  | **Information, document or thing** | **Nature of privilege, immunity, prohibition or restriction** |\n| 1. | [*Describe the information, document or thing (including any detail relating to the information, document or thing) that was not described in the disclosure certificate*] | [*Describe the privilege, immunity, prohibition or restriction to which the information, document or thing is subject*] |\n| 2. |  |  |\n| 3. |  |  |\n| 4. |  |  |\n| 5. |  |  |\n\n*11. The accused is *prepared/*not prepared to proceed with the committal hearing while a forensic procedure, examination or test described in the hand‑up brief remains incomplete.\n\n*12. The accused and the DPP or informant seek an adjournment of the committal proceeding.\n\nReason(s) for adjournment: [*indicate the reason(s) for the proposed adjournment*]\n\nSignature of *accused/*accused's legal practitioner:\n\nSignature (for or on behalf of the DPP or informant):\n\nForm 32A inserted by S.R. No. 133/2025 rule 16.\n\nForm 32A—Case direction notice—proceedings to which section 123 of the Criminal Procedure Act 2009 applies and/or for which Part 4.6A of that Act requires early committal\n\nRule 59(2)\n\nCase Direction Notice—proceedings to which section 123 of the Criminal Procedure Act 2009 applies and/or for which Part 4.6A of that Act requires early committal\n\n(Section 119 of the **Criminal Procedure Act 2009**)\n\nPlease identify which of the following categories applies to this proceeding [*select all that apply*].\n\n🞏 Proceeding relates (wholly or partly) to a charge for a sexual offence;\n\n🞏 Proceeding relates (wholly or partly) to a charge for an offence where the conduct constituting the offence consists of ***family violence*** within the meaning of the **Family Violence Protection Act 2008**:\n\n|  | 🞏 Yes |  | 🞏 No |  | 🞏 Disputed |\n| --- | --- | --- | --- | --- | --- |\n\n🞏 Proceeding relates (wholly or partly) to a charge for an offence against section 21A(1) of the **Crimes Act 1958** (stalking);\n\n🞏 Proceeding in which Part 4.6A of the **Criminal Procedure Act 2009** requires the Magistrates' Court to commit the accused for trial in the Supreme Court.\n\n🞏 the *accused/*accused's legal practitioner has read the brief of evidence; and\n\n🞏 the DPP or informant has read the brief of evidence; and\n\n🞏 the accused and the DPP or informant have discussed whether this matter can be resolved by *a plea/*pleas of guilty and, if so, on what charge(s); and\n\n🞏 the accused and the DPP or informant propose that this committal proceeding be dealt with as follows—\n\n*TAKE NOTICE that no legal practitioner has served a notice of appearance on the DPP or informant in this matter, the DPP or informant is not aware of any legal practitioner representing the accused and the accused has not participated in any discussion or other activity in connection with the preparation of this notice.\n\n*1. The court should determine the committal proceeding at this committal mention hearing.\n\nIf committed for trial, how does the accused intend to plead?\n\n*Guilty/*Not guilty/*Not applicable (charge to be withdrawn)\n\n[*If there is more than one charge, and the answers to these questions are not the same for all charges, list the charges separately or in groups and provide answers in relation to each charge or group of charges.*]\n\n*Basis of indication of intention to plead:\n\n[*If the accused indicates an intention to plead on a particular basis or bases, briefly indicate that basis or those bases. For example—*\n\n*The indication is made without prejudice in the course of negotiations to settle the matter.*\n\n*The indication is made on the basis that the informant will withdraw particular charges.*]\n\n*2. The parties seek a determination that a committal case conference not be held. The grounds for the request are—\n\n[*insert grounds for request*]\n\n*3. The issues identified by the parties to be addressed at the committal case conference are set out in the attached notice (Form 32B).\n\n*4. The accused will apply for a summary hearing of the following charge(s):\n\n| Charge | Proposed plea |\n| [*list each charge for which there will be an application for a summary hearing*] | *Guilty<br>*Not guilty |\n\n*5. The accused seeks the production of an item or items listed in the hand‑up brief and the informant objects to the production of the item or items—\n\nItem: [*describe the item(s)*]\n\nGround for objection: [*indicate the informant's ground for objecting to producing the item*]\n\n*6. The accused seeks the production of an item or items not included in the hand-up brief.\n\n*7. The prosecution did not describe the following in the disclosure certificate served on the accused under section 41A or 110A of the **Criminal Procedure Act 2009**—\n\n|  | **Information, document or thing** | **Nature of privilege, immunity, prohibition or restriction** |\n| 1. | [*Describe the information, document or thing (including any detail relating to the information, document or thing) that was not described in the disclosure certificate*] | [*Describe the privilege, immunity, prohibition or restriction to which the information, document or thing is subject*] |\n| 2. |  |  |\n| 3. |  |  |\n| 4. |  |  |\n| 5. |  |  |\n\n*8. The accused and the DPP or informant seek an adjournment of the committal proceeding.\n\nReason(s) for adjournment: [*indicate the reason(s) for the proposed adjournment*]\n\nSignature of *accused/*accused's legal practitioner:\n\nSignature (for or on behalf of the DPP or informant):\n\nForm 32B inserted by S.R. No. 133/2025 rule 16.\n\nForm 32B—Case direction notice—committal case conference issues\n\nRule 59A(3)\n\nISSUES IDENTIFIED BY THE PARTIES TO BE ADDRESSED AT THE COMMITTAL CASE CONFERENCE\n\n(Section 127 of the **Criminal Procedure Act 2009**)\n\nAccused:\n\n*1. The parties have identified the following issues arising in the committal proceeding: [*insert brief description of issues*]\n\n*2. The parties have identified the following material or other information that will enable the resolution of issues in the proceeding:\n\n[*insert brief description of material or information*]\n\n*Pursuant to section 127(3)(b) of the **Criminal Procedure Act 2009**, the contents of this document are not admissible in any proceeding before any court or tribunal or in any inquiry in which evidence is or may be given before any court or person acting judicially unless—\n\n• all parties to the committal case conference agree to the giving of the evidence; or\n\n• the proceeding is a criminal proceeding for an offence alleged to have been committed during, or in connection with, the committal case conference.\n\nForm 33 amended by S.R. No. 133/2025 rule 17.\n\nForm 33—Notice of committal proceeding\n\nRule 60\n\nNotice of Committal Proceeding\n\nTO: [*accused*]\n\nof [*address(es)*]\n\nDate charge-sheet filed:\n\nInformant's contact details: [*insert contact details*]\n\nCOMMITTAL MENTION DATE\n\nYou have been charged with *a criminal offence/*criminal offences.\n\nThere will be a **committal mention hearing** in relation to the charge or charges at the Magistrates' Court at [*venue*] on [*date*] at [*time*].\n\nYou must attend court on that date.\n\nWHAT IS A COMMITTAL PROCEEDING?\n\nA committal proceeding is a proceeding in the Magistrates' Court for some cases involving indictable offences. A committal proceeding has a case management function. The purposes of a committal proceeding are—\n\n• to determine whether a charge for an offence is appropriate to be heard and determined summarily by the Magistrates' Court; and\n\n• to determine how you propose to plead to the charge or charges against you; and\n\n• to ensure a fair trial, if the matter proceeds to trial.\n\nIf the Court determines that a charge against you is not appropriate to be heard and determined summarily, the Court will commit you for trial in the County Court or the Supreme Court in relation to the charge.\n\nDepending on the nature of the case and of the witnesses, a committal hearing may be held and you may be able to ask the Court's permission for you or your lawyer to cross-examine some or all of the witnesses about their statements.\n\nWHAT WILL HAPPEN BETWEEN NOW AND THE COMMITTAL MENTION DATE?\n\nAt least 42 days before the committal mention hearing, the person who charged you (the informant) will provide you (or your legal practitioner, if you have a legal practitioner) with a hand-up brief. The hand-up brief will set out the evidence relating to the charge or charges against you. This will include statements made by witnesses.\n\nYou or your legal practitioner will be notified of the prosecutor's contact details. You or your legal practitioner must discuss the case with the prosecutor before the committal mention hearing.\n\nYou will receive further information about the process when you receive the hand-up brief of evidence.\n\nTHIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE IT.\n\nIf you do not have a lawyer, you should contact a legal practitioner or Victoria Legal Aid as soon as possible.\n\n[*telephone number for Law Institute of Victoria Referral Service*]\n\n[*address and telephone number for Victoria Legal Aid*]\n\n[*address and telephone number of registrar of Magistrates' Court*]\n\nIf you come to the committal mention hearing without a lawyer the Court will not delay the hearing to enable you to get a lawyer unless you have already made reasonable efforts to get a lawyer.\n\nForm 34—Application for the fixing of a longer period for the holding of a committal mention hearing\n\nRule 61\n\nApplication for the Fixing of a Longer Period for the Holding of a Committal Mention Hearing\n\n(Section 126 of the **Criminal Procedure Act 2009**)\n\nTO: [*identify party to whom notice of application is to be given*]\n\nTHE APPLICANT [*insert name*] applies to the Court for the Court to fix a longer period for the holding of a committal mention hearing than that set out in section 126 of the **Criminal Procedure Act 2009**.\n\nThe committal mention date in this committal proceeding is: [*date*].\n\nat *a.m./*p.m*.* or so soon afterwards as the business of the Court allows.\n\nA *statement/*affidavit in support *has/*has not* been filed with the Court.\n\nSignature of applicant or applicant's legal practitioner:\n\nThis application was filed by:\n\nForm 34A amended by S.R. No. 133/2025 rule 18.\n\nForm 34A—Committal checklist\n\nRule 62\n\nCommittal checklist\n\n**COMMITTAL DETAILS**\n\n🞎  Name of accused\n\n🞎  Court Ref.\n\n**Related proceedings**\n\n🞎  Are there any related proceedings?\n\n🞎  If yes, state the Court reference no., names of parties, and how related\n\n**LEGAL REPRESENTATION**\n\n🞎  Accused's solicitors\n\n🞎 Accused's barrister who will appear at the committal hearing\n\n**Funding**\n\n🞎  Are there any issues in relation to funding?\n\n**Self-represented accused**\n\n🞎 Is the accused self represented?\n\n🞎  Has an order been made for Victoria Legal Aid representation?\n\n🞎 If yes, has Victoria Legal Aid confirmed representation?\n\n**Prosecution**\n\n🞎  Prosecutor who will prosecute at the committal hearing\n\n**WITNESSES**\n\n🞎  Total number of witnesses:\n\n🞎  Has witness availability been confirmed for the listing period?\n\n**Child witness(es)/cognitively impaired witness(es)**\n\n🞎  Name of witness(es)\n\n🞎 Date(s) of birth\n\nWhat, if any, support has been arranged?\n\n🞎  Child Witness Service\n\n🞎  Witness Assistance Service\n\n🞎  Other\n\n🞎  Is competence to give sworn evidence in issue?\n\n🞎  Is a ground rules hearing required?\n\n**Protected witness(es)**\n\n🞎 Name of witness(es)\n\n🞎 Category of protection\n\n🞎  Application for closed court?\n\n**SPECIAL ARRANGEMENTS**\n\n**Interpreters**\n\n🞎 Name of witness(es)\n\n🞎 Language(s)\n\n**Remote facilities/video** **conferencing/other alternative** **arrangements**\n\n🞎  Name of witness(es)\n\n🞎  Arrangement(s) in place\n\n🞎 Have the facilities been booked?\n\n**Technology requirements**\n\n🞎  What equipment is required, e.g. DVD, video, cassette, etc.?\n\n**Disclosure issues**\n\n🞎  Has the accused sought additional  material from the prosecution  which has not yet been provided?\n\n🞎  What is outstanding, and when will it be served?\n\n**Section 18 of Evidence Act 2008**\n\n🞎  Does section 18 potentially apply to any witness?\n\n🞎  If yes, what are the witness(es)' name(s)\n\n**Legal issues**\n\n🞎  Is it anticipated that preliminary legal submissions and/or rulings will need to be made?\n\n🞎  If yes, what are the issues?\n\n🞎  How long is it expected to take?\n\n🞎 **Are there any other issues which** **may affect the** **hearing?**  \n(e.g. section 128 of the **Evidence Act** **2008**, etc.)  \n\n🞎 **Estimated length of hearing?** days\n\nForm 36—Application for joint committal\n\nRule 64\n\nApplication for Joint Committal\n\n(Section 25 of the **Magistrates' Court Act 1989**)\n\n- BETWEEN: [*name of informant*]\n- v.\n- [*name of accused*]\n\nChildren's Court Case File No.:\n\nDETAILS OF THIS APPLICATION\n\nThe accused is charged with offence(s) that include:\n\n🞏 murder 🞏 attempted murder 🞏 manslaughter 🞏 arson causing death 🞏 culpable driving causing death 🞏 child homicide 🞏 other\n\nThe matter is listed at the [*venue*] of the Magistrates' Court for a committal mention on [*date*].\n\nThis application is for a joint committal with [*name of co-accused*] who has a matter listed at the [*venue*] Children's Court on [*date*].\n\nAn application in the Children's Court for joint committal in the Magistrates' Court\n\n🞏 has been made (attach copy of order)\n\n🞏 has not been made\n\n🞏 is listed in the Children's Court on [*date*]\n\nThis application is appropriate because:\n\nthe charges against each accused could properly be joined in the same indictment; and\n\nthe co-accused is a child aged [*include age*] years (must be 15 or over at the time the criminal proceeding is commenced).\n\nApplicant's name:\n\nDETAILS OF THE HEARING\n\nA hearing of this application will be held at [*time*] on [*date*] at the Magistrates' Court at [*venue*].\n\nNOTE: An order for joint committal must be made in both the Children's Court and Magistrates' Court before a joint proceeding can be held (see section 25(3) of the **Magistrates' Court Act 1989** and section 516A of the **Children, Youth and Families Act 2005**).\n\nForm 37 amended by S.R. No. 133/2025 rule 19.\n\nForm 37—Caution to be given to person charged\n\nRule 32\n\nCaution to be given to person charged\n\n(Section 68(1) of the **Criminal Procedure Act 2009**)\n\n\"You now have the right to answer the charge against you and must choose either:\n\n(a) to give sworn evidence, that is, to enter the witness box, take the oath or make an affirmation and say what you want to say in answer to the charge. This is known as giving sworn evidence. When you have given your evidence you may be asked to respond to questions about it by the prosecution or the Court;\n\n(b) you may say nothing in answer to the charge.\n\nIn either case you may call any witness or witnesses to give sworn evidence for you. What would you like to do?\"\n\nForm 38 (Heading) amended by S.R. No. 133/2025 rule 20(1).\n\nForm 38 amended by S.R. No. 133/2025 rule 20(2).\n\nForm 38—Election to stand trial\n\nRule 66\n\nElection to Stand Trial\n\n(Section 143 of the **Criminal Procedure Act 2009**)\n\nThe person who filed the charges:\n\n[*Informant*]\n\nAccused:\n\nTo the registrar of the Magistrates' Court of Victoria\n\nat [*venue*]\n\nand\n\nthe informant\n\nDetails of the charge(s) filed:\n\nTAKE NOTICE I elect to stand trial for the above named offence pursuant to section 143 of the **Criminal Procedure Act 2009**.\n\nI understand the consequences of making this election are—\n\n(a) that when I appear before the Magistrates' Court I must be committed for trial;\n\n(b) that any statement or documents, copies of which have been served on me by the informant, may be used in evidence upon my trial;\n\n(c) that on being committed for trial, I must be either remanded in custody until the trial or granted bail until the trial.\n\nat:\n\nAccused: [*signature of accused*]\n\nForm 39—Committal caution\n\nRule 67\n\nCommittal Caution\n\n(Section 144(2)(b)(iii) of the **Criminal Procedure Act 2009**)\n\n\"You may plead guilty or not guilty. If you plead guilty to all of the charges or some of the charges today or at any time before or during your trial, the sentencing judge may take into account whether you pleaded guilty and the stage in the proceedings at which you pleaded guilty or indicated an intention to plead guilty. It is also your right to plead not guilty to all of the charges or some of them. Whatever you say will be recorded and may be given in evidence if you appear before a judge. Do you plead guilty or not guilty?\"\n\nForm 40—Alibi caution\n\nRule 68\n\nAlibi Caution\n\n(Section 144(2)(b)(i) of the **Criminal Procedure Act 2009**)\n\n\"I caution you that your right to call evidence at trial in support of an alibi is restricted.\n\nTo be allowed to call alibi evidence you must give written notice to the Court now or to the DPP not later than 14 days after the end of this committal proceeding.\n\nThe notice must contain—\n\n(a) particulars as to time and place of the alibi; and\n\n(b) the name of any witness to the alibi; and\n\n(c) last known address of the witness; and\n\n(d) if the name and address of a witness are not known, any information which might be of material assistance in finding the witness—\n\nin support of your alibi.\"\n\nForm 43—Certified extract\n\nRule 85\n\nCertified Extract\n\n(Section 18 of the **Magistrates' Court Act 1989**)\n\nOn [*date*] the Magistrates' Court at [*venue*]\n\nmade the following entries in the register:\n\n*Accused/*informant/*plaintiff/*complainant\n\n| Case No. | Nature of charge or civil proceeding | Court order |\n\n| Fees | $ | Magistrate |\n\nRemarks\n\n🞏 Plea not guilty 🞏 Appeared 🞏 Blood alcohol\n\n🞏 Plea guilty 🞏 Did not appear ......................\n\n🞏 No plea 🞏 Consented to summary 🞏 Speed .............  \njurisdiction\n\nLegal representative for accused:\n\nLegal representative for *informant/*plaintiff/*complainant\n\nI am a registrar of the Magistrates' Court at [*venue*] and I certify that in my opinion this information is a true extract from the register of the Court.\n\nForm 45 amended by S.R. No. 129/2023 rule 12.\n\nForm 45—Notice of application for direction that accused appear physically before court\n\nRule 96\n\nNotice of Application for Direction that Accused Appear Physically Before Court\n\n(Section 42L of the **Evidence (Miscellaneous Provisions) Act 1958**)\n\n[The Informant]\n\n*v.*\n\n[*name of accused*]\n\nPARTICULARS OF APPLICATION\n\nTAKE NOTICE that the applicant, [*name of applicant*], intends to apply to the Court for a direction that the accused appear, or be brought, physically before it.\n\nType of hearing [*insert details*]\n\nDate of hearing [*insert*]\n\nPrison location at date of filing [*insert*]\n\nThe grounds on which this application are made are [*set out grounds*]\n\nNote: If the application is made less than 3 days before the hearing, section 42L(2) of the **Evidence (Miscellaneous Provisions) Act 1958** also requires a good and sufficient reason for the application to be considered.\n\nForm 46 amended by S.R. No. 129/2023 rule 13.\n\nForm 46—Notice of application for direction that accused appear before court by audio visual link\n\nRule 97\n\nNotice of Application for Direction that Accused Appear Before Court by Audio Visual Link\n\n(Section 42M of the **Evidence (Miscellaneous Provisions) Act 1958**)\n\n[The Informant]\n\n*v.*\n\n[*name of accused*]\n\n**PART 1—PARTICULARS OF APPLICATION**\n\nTAKE NOTICE that the applicant, [*name of applicant*], intends to apply to the Court for a direction that the accused appear before it by audio visual link.\n\n| 1. | Type of hearing [*insert details*] |\n| 2. | Date of hearing [*insert*] |\n| 3. | The grounds on which this application is made are [*set out grounds*]<br>Note: If the application is made less than 14 days before the hearing, section 42M of the **Evidence (Miscellaneous Provisions) Act 1958** also requires a good and sufficient reason for the application to be considered. |\n| 4. | Is this application being made with the consent of the parties to the proceeding? |\n| 5. | Prison location at date of filing [*insert*] |\n| 6. | If the answer to question 4 is no, what parties have not given consent? |\n| 7. | Do facilities exist in custody for an audio visual link? |\n| 8. | Have any previous applications been made? |\n\n**PART 2—PARTICULARS OF HEARING**\n\n[*to be completed by the registrar*]\n\nThe application will be heard before the Court at [*venue*], on [*date*] at [*time*] or so soon afterwards as the business of the Court allows.\n\nFILED [*date*]\n\nForm 47—Application for order to pay a fine by instalments, for time to pay a fine or to vary or cancel an order\n\nRule 99\n\nApplication FOR ORDER TO Pay a Fine by Instalments, for Time to Pay a Fine or TO VARY OR CANCEL An ORDER\n\n(Section 57, 60 or 61 of the **Sentencing Act 1991**)\n\nINSTALMENT ORDER  \nTIME TO PAY  \nVARIATION OR  \nCANCELLATION OF ORDER\n\nAPPLICATION [*date*]\n\nIn the case against me by [*set out details*] on [*date*] I was ordered to pay a fine.\n\nof [*address and occupation*]\n\nnow apply to the proper officer of the Magistrates' Court at [*venue*] for—\n\n🞏 an order that time be allowed for payment of the fine\n\n🞏 an order that the fine be paid by instalments\n\n🞏 an order for the variation of the terms of an instalment order\n\n🞏 an order for the cancellation of the terms of an instalment order or time to pay order.\n\nDETAILS OF THE COURT ORDER\n\nThe Court ordered that I pay $ in fines and costs.\n\nI *was/*was not present when the order was made.\n\nThe Court ordered that the fines and costs be paid—\n\n🞏 by instalments of $ to be paid on the day of each  \n🞏 week 🞏 fortnight 🞏 month.\n\n🞏 did not make any order about payment.\n\nDETAILS OF PAYMENTS MADE BY ME\n\n[*Set out details of payments made*]\n\nFUTURE PAYMENTS\n\nI now want to pay the money I owe\n\n🞏 by instalments of $ on the day of each  \n🞏 week 🞏 fortnight 🞏 month starting on [*date*].\n\nDETAILS OF MY INCOME AND EXPENSES\n\nAt present I receive $ each week after tax has been deducted.\n\nMy weekly expenses are $\n\nThis leaves me with $\n\n[*to be completed by the proper officer*]\n\nI received this application on [*date*].\n\n[*print* *name*]\n\nNOTE: The registrar who deals with this application will notify you in writing of the decision.\n\n🞏 Tick whichever applies\n\nForm 48—Application for fine conversion order\n\nRule 99\n\nApplication for Fine Conversion Order\n\n(Section 65 of the **Sentencing Act 1991**)\n\nAPPLICATION\n\nIn the case against me by [*set out details*]\n\non [*date*] I was ordered to pay a fine.\n\nI, [*full name*]\n\nof [*address and occupation*]\n\nnow apply to the proper officer of the Magistrates' Court at [*venue*] for a fine conversion order requiring me to perform unpaid community work as directed by a Regional Manager, instead of paying the fine. I agree to comply with such an order.\n\nDETAILS OF THE COURT ORDER\n\nThe Court ordered that I pay $ in fines and costs.\n\nI *was/*was not present when the order was made.\n\nThe Court:\n\n🞏 ordered that the fines and costs be paid—\n\n🞏 by instalments of $ to be paid on the day of each  \n🞏 week 🞏 fortnight 🞏 month\n\n🞏 did not make any order about payment.\n\nDETAILS OF PAYMENTS MADE BY ME\n\n[*set out details of payments made*]\n\nRATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK\n\nI understand that the amount(s) that I owe for each unpaid fine together with the amount of warrant costs included by the proper officer will be converted into hours of unpaid community work at the rate of one hour for each 0⋅2 penalty unit or part of 0⋅2 penalty unit which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me.\n\nCONDITIONS OF THE ORDER\n\nI understand that the following conditions will apply to the order and I agree to comply with them:\n\nDuring the period of the fine conversion order I must—\n\n🞏 not commit another offence punishable by imprisonment.\n\n🞏 report to a community corrections centre as specified by the Court.\n\n🞏 notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.\n\n🞏 not leave Victoria except with the permission of an officer at the specified community corrections centre.\n\n🞏 obey all lawful instructions and directions of community corrections officers.\n\n🞏 perform unpaid community work as directed by the Regional Manager for a period determined by the Court.\n\nTick whichever applies\n\nDated at [*place*] on [*date*]\n\n[*Signature of person in default*] [*print name*]\n\nWitnessed by—\n\n[*Signature of witness*] [*print name*]\n\nNOTE: The registrar who deals with this application will notify you in writing of the decision.\n\n[*to be completed by the proper officer*]\n\nI received this application on [*date*]\n\nThe amount of warrant costs to be included is $\n\n[*print name*]\n\nForm 48A—Fine conversion order\n\nRule 101(3)\n\nFine Conversion Order\n\n(Section 64 of the **Sentencing Act 1991**)\n\nTO:\n\nof:\n\nOn [*date*], this fine conversion order is made against you requiring you to perform unpaid community work in respect of the unpaid fine(s) set out below imposed by the Magistrates' Court at [*venue*] on [*date*].\n\n- *Unpaid amounts*\n- *Charge* *Fine* *Statutory costs* *Costs* *Hours of work ordered* *How hours to be served*\n\nWhere the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed.\n\nThis order commences on [*date*] and ends on [*date*].\n\nYou must attend [*address of community corrections centre*] within 2 clear working days after [*date*].\n\nThe conditions of this order are that you must:\n\n🞏 not commit another offence for which you could be imprisoned during the time that the order is in force.\n\n🞏 report to the above community corrections centre within 2 clear working days of the order starting.\n\n🞏 notify an officer at the above community corrections centre of any change of your address or employment within 2 clear working days after the change.\n\n🞏 not leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre.\n\n🞏 obey all lawful instructions and directions given to you by community corrections officers.\n\n🞏 perform unpaid community work as directed by the Regional Manager for the hours of work specified in this order.\n\nThis order was made on [*date*] at [*venue*].\n\n[*Signature of *magistrate/***proper officer*]\n\nForm 49—Consent to the making of a fine default unpaid community work order\n\nRule 102(1)\n\nConsent to the Making of a Fine Default Unpaid Community Work Order\n\n(Section 69H(2)(a) of the **Sentencing Act 1991**)\n\nName [*full name*]\n\nCONSENT TO A FINE DEFAULT UNPAID COMMUNITY WORK ORDER\n\nI consent to the making by the Court of a fine default unpaid community work order requiring me to perform unpaid community work as directed by a Regional Manager, instead of paying a total penalty of $ .\n\nRATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK\n\nI understand that the amount(s) that I owe for each unpaid fine will be converted into hours of unpaid community work at the rate of one hour for each 0⋅2 penalty unit or part of 0⋅2 penalty unit which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me.\n\nCONDITIONS OF THE ORDER\n\nI understand that the following conditions will apply to the order and I agree to comply with them:\n\nDuring the period of the fine default unpaid community work order I must—\n\n🞏 not commit another offence punishable by imprisonment.\n\n🞏 report to a community corrections centre specified by the Court.\n\n🞏 notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change.\n\n🞏 not leave Victoria except with the permission of an officer at the specified community corrections centre.\n\n🞏 obey all lawful instructions and directions of community corrections officers.\n\n🞏 perform unpaid community work as directed by the Regional Manager for a period determined by the Court.\n\nDated at [*place*] on [*date*]\n\n[*Signature of person in default*] [*print name*]\n\nWitnessed by—\n\n[*Signature of witness*] [*print name*]\n\nTO THE PERSON IN DEFAULT\n\nThe Court will send you a notice of the making of a fine default unpaid community work order and its conditions.\n\nForm 50—Notice about the procedures for enforcement of fines\n\nRule 102(2)\n\nNotice about the Procedures for Enforcement of Fines\n\n(Section 69C(3) of the **Sentencing Act 1991**)\n\nA warrant to arrest has been issued to the sheriff for non-payment of the fine(s) imposed against you in the Magistrates' Court. A summary of the fine(s) and the total amount still outstanding is attached.\n\nYou may obtain further details of the penalties from any venue of the Magistrates' Court. To do so, you must provide the Court reference which is also on the attached summary.\n\nYOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER, OR TO CONSENT TO THE MAKING OF A FINE DEFAULT UNPAID COMMUNITY WORK ORDER\n\nPayment must be made to the sheriff, [*insert address*].\n\nIF YOU CANNOT PAY\n\nYou may apply to the registrar at any venue of the Magistrates' Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine.\n\nIf you do not pay the fine and do not make an application to a registrar you may consent to the Court making a fine default unpaid community work order requiring you to perform unpaid community work instead of paying the fine. You may be required to perform one hour of unpaid work for each 0⋅2 penalty unit or part of 0⋅2 penalty unit of each fine outstanding. A minimum of 8 hours work under the direction of the Regional Manager must be performed, irrespective of the amount outstanding, up to a maximum of 500 hours.\n\nYou can obtain a consent form from the person making this demand.\n\nIF YOU DO NOT PAY OR TAKE ANY ACTION\n\nIf you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month, it may—\n\n- make a fine default unpaid community work order requiring you to perform unpaid community work under the direction of a Regional Manager for one hour for each 0⋅2 penalty unit or part of 0⋅2 penalty unit then remaining unpaid with a minimum of 8 and a maximum of 500 hours. You may also be ordered to pay additional costs.\n- order that you be imprisoned for one day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months, and may order you to pay additional costs.\n- order that the amount of the fine then unpaid be levied under a warrant to seize property.\n- vary any existing order for payment of the fine by instalments.\n- adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit.\n\nForm 51—Notice about the procedure for enforcement of a fine (bodies corporate)\n\nRule 103\n\nNotice about the Procedure for Enforcement of a Fine (Bodies Corporate)\n\n(Section 69Y(3) of the **Sentencing Act 1991**)\n\nA warrant to seize property owned by the company has been issued to satisfy the amount of a fine or instalment under an instalment order imposed on the company by the Magistrates' Court, and all lawful costs of execution. The attached document sets out a summary of the details and the total amount outstanding. You may obtain further details of the penalty from the Magistrates' Court. To do so, you must supply the Court reference which is also on the attached summary.\n\nTHE COMPANY HAS 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE TO PAY THE AMOUNT OUTSTANDING OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER (see below).\n\nPayment must be made to the sheriff, [*insert address*].\n\nIF THE COMPANY CANNOT PAY\n\nIt may apply to a registrar of the Magistrates' Court for an order that the fine be paid by instalments or for an order that the company be allowed time to pay the fine.\n\nIF THE COMPANY DOES NOT PAY OR TAKE ANY ACTION\n\nIf the company does not pay or take any action, the sheriff is required to seize and sell property belonging to the company to satisfy the amount outstanding.\n\nForm 52—Fine default unpaid community work order\n\nRule 102(3)\n\nFine Default Unpaid Community Work Order\n\n(Section 69D(2), 69H(2) or 69M(4) of the **Sentencing Act 1991**)\n\nTO:\n\nof:\n\nOn [*date*], with your signed consent, this fine default unpaid community work order is made against you requiring you to perform unpaid community work in respect of the unpaid fine(s) set out below which was imposed by the Magistrates' Court at [*venue*] on [*date*].\n\n- *Unpaid amounts*\n- *Charge* *Fine* *Statutory costs* *Costs* *Hours of work ordered* *How hours to be served*\n\nWhere the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other fine conversion order/fine default unpaid community work order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed.\n\nThis order commences on [*date*] and ends on [*date*].\n\nYou must attend [*address of community corrections centre*] within 2 clear working days after [*date*].\n\nThe conditions of this Order are that you must:\n\n🞏 not commit another offence for which you could be imprisoned during the time that the order is in force.\n\n🞏 report to the above community corrections centre within 2 clear working days of the order starting.\n\n🞏 notify an officer at the above community corrections centre of any change of your address or employment within 2 clear working days after the change.\n\n🞏 not leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre.\n\n🞏 obey all lawful instructions and directions given to you by community corrections officers.\n\n🞏 perform unpaid community work as directed by the Regional Manager for the hours of work specified in this order.\n\nThis order was made on [*date*] at [*venue*].\n\n[*Signature of *magistrate/***proper officer*]\n\nForm 53—Summons for failure to pay a fine\n\nRule 104\n\nSummons for Failure to Pay a Fine\n\n(Section 69M(1) of the **Sentencing Act 1991**)\n\nof:\n\nTO:\n\n1. On [*date*] you were found guilty of an offence and the Court ordered you to pay the following amount(s):\n\n- *Charge No.* *Act/section* *Fine*$ *Statutory costs*$ *Costs/Other amount(s)*$ *Paid*$ *Unpaid*$\n- TOTAL AMOUNT NOW PAYABLE\n\n2. The Court records show that you have not paid the above amount and a warrant to seize your property to recover this amount has been returned unsatisfied.\n\n3. YOU ARE DIRECTED TO APPEAR BEFORE THE MAGISTRATES' COURT AT [*place*] ON [*date and time*] TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S).\n\nIssued at [*place*] on [*date*]\n\nNOTES\n\n1. If you pay the above amount to any registrar of the Magistrates' Court on or before the date for hearing of this summons, you will not be required to appear at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs.\n\n2. Payments may be made personally or posted to the registrar. You must quote the Court reference at the top of this summons.\n\n3. If you do not pay the amount due or appear at Court as directed by this summons, a warrant for your arrest may be issued.\n\nForm 54 amended by S.R. No. 40/2020 rule 4.\n\nForm 54—Application for suppression order\n\nRule 107\n\nAPPLICATION FOR SUPPRESSION ORDER\n\n(Section 10 of the **Open Courts Act 2013**)\n\nIn the matter of: [*Prosecuting agency*] and [*Offender*]\n\nAddress of applicant:\n\nPostcode:\n\nNOTE: Pursuant to section 10(1) of the **Open Courts Act 2013**, an applicant for a suppression order must give 3 business days' notice of the making of this application to the Court and to all parties to the proceeding to which the application relates, unless the Court is satisfied that there is a good reason to waive the notice requirement or it is in the interests of justice to do so.\n\nApplication for:\n\n🞏 Proceeding suppression order\n\n🞏 Broad suppression order\n\n🞏 Other (please specify)\n\nGrounds of application [*insert brief description of grounds of application*]:\n\nThis case is next listed for *mention/*hearing/*committal/*application at [*venue*] on [*date*].\n\n[*Applicant or applicant's legal practitioner*]\n\n**NOTICE OF APPLICATION**\n\n**(To be completed by the registrar)**\n\nThis application will be heard before a magistrate at the Magistrates' Court of Victoria at [*venue*] on [*insert date*] at *a.m./*p.m. or so soon afterwards as the business of the Court allows.\n\nRegistrar\n\nForm 55 amended by S.R. No. 40/2020 rule 5.\n\nForm 55—Application to review a suppression order\n\nRule 108\n\nAPPLICATION TO REVIEW A SUPPRESSION ORDER\n\n(Section 15 of the **Open Courts Act 2013**)\n\nIn the matter of: [*Prosecuting agency*] and [*Offender*]\n\nAddress of applicant:\n\nPostcode:\n\nThis application is made by:\n\n🞏 The applicant for the order\n\n🞏 A party to the proceeding\n\n🞏 A victim or an alleged victim of a *sexual offence/*family violence offence\n\n🞏 The Attorney-General\n\n🞏 The Attorney-General of another State or a Territory or of the Commonwealth\n\n🞏 A news media organisation\n\n🞏 Other [*state if applicable*]\n\nI, [*applicant's name*] make application to review the [*type of order*] suppression order made on [*date of order*] before Magistrate [*name of Magistrate who made the order*] at the [*venue*] of the Magistrates' Court.\n\nGrounds of application [*insert brief description of grounds for application*]:\n\n[*Applicant or applicant's legal representative*]\n\nNOTICE OF APPLICATION\n\n**(To be completed by the registrar)**\n\nThis application will be heard before a magistrate at the Magistrates' Court of Victoria at [*venue*] on [*insert date*] at *a.m./*p.m. or so soon afterwards as the business of the Court allows.\n\nRegistrar\n\nNOTE: Any person specified under section 15(1)(b) of the **Open Courts Act 2013** is entitled to appear and be heard by the Court on the review of the relevant suppression order pursuant to section 15(2) of that Act.\n\nForm 56—Application for registration exemption order\n\nRule 34\n\nApplication for Registration Exemption Order\n\nIn the matter of:\n\nTO: the registrar of the Magistrates' Court\n\nAND TO the Respondent: the Chief Commissioner of Police\n\nThis application is in respect of the following offence: [*details of specified offence to which the application relates*]\n\nThe court reference in respect of the offence is: [*court reference number*]\n\nThe informant in respect of the offence was: [*name of informant*]\n\nThe offence was committed on: [*date*]\n\nThe sentence for that offence was imposed by [*Magistrate*] on [*date*] at [*place*]\n\nThis application is made on the grounds that: [*insert grounds*]\n\nThe acts, facts, matters and circumstances set out in the affidavit made on [*date of affidavit*] are relied on in support of this application.\n\nThe following other documents are attached in support of this application: [*list the documents; attach list if insufficient space*]\n\nThis application is listed for hearing before the Magistrates' Court at [*place*] at [*time*] *a.m./*p.m. on [*date*].\n\nSchedule 1—Revoked statutory rules\n\nRule 4\n\n| *S.R. No.* | *Title* |\n| 181/2009 | Magistrates' Court Criminal Procedure Rules 2009 |\n| 18/2011 | Magistrates' Court Criminal Procedure (Amendment No. 1) Rules 2011 |\n| 59/2011 | Magistrates' Court Criminal Procedure (Amendment No. 2) Rules 2011 |\n| 118/2012 | Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012 |\n| 177/2013 | Magistrates' Court Criminal Procedure (Amendment No. 4) Rules 2013 |\n| 24/2014 | Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 |\n| 121/2014 | Magistrates' Court Criminal Procedure (Infringement Court Venue Amendment) Rules 2014 |\n| 113/2015 | Magistrates' Court Criminal Procedure Amendment (Infringements Court and Other Matters) Rules 2015 |\n| 45/2016 | Magistrates' Court Criminal Procedure (Amendment No. 6) Rules 2016 |\n| 115/2016 | Magistrates' Court Criminal Procedure Amendment (Audio Visual Appearance) Rules 2016 |\n| 82/2017 | Magistrates' Court Criminal Procedure (Amendment No. 7) Rules 2017 |\n| 9/2018 | Magistrates' Court Criminal Procedure (Amendment No. 8) Rules 2018 |\n| 29/2018 | Magistrates' Court Criminal Procedure (Amendment No. 9) Rules 2018 |\n\nDated: 12 December 2019\n\nLISA HANNAN,  \n*Chief Magistrate*\n\nFRANZ HOLZER,  \n*Deputy Chief Magistrate*\n\nLANCE MARTIN,  \n*Deputy Chief Magistrate*\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 Magistrates' Court Criminal Procedure Rules 2019, S.R. No. 143/2019 were made on 12 December 2019 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 16 of the **Magistrates' Court Act 1989**, No. 51/1989 and section 419 of the **Criminal Procedure Act 2009**, No. 7/2009 and all other enabling powers and came into operation on 13 December 2019: rule 3.\n\nThe Magistrates' Court Criminal Procedure Rules 2019 will sunset 10 years after the day of making on 12 December 2029 (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\nThis publication incorporates amendments made to the Magistrates' Court Criminal Procedure Rules 2019 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nMagistrates' Court Criminal Procedure Amendment (Open Courts) Rules 2020, S.R. No. 40/2020\n\n| *Date of Making:* | 25.5.20 |\n| *Date of Commencement:* | 1.6.20: rule 3 |\n\nMagistrates' Court Criminal Procedure Amendment Rules 2020, S.R. No. 80/2020\n\n| *Date of Making:* | 6.8.20 |\n| *Date of Commencement:* | 6.8.20 |\n\nMagistrates' Court Criminal Procedure Amendment Rules 2021, S.R. No. 102/2021\n\n| *Date of Making:* | 18.8.21 |\n| *Date of Commencement:* | 23.8.21: rule 3 |\n\nMagistrates' Court Criminal Procedure Amendment Rules 2022, S.R. No. 5/2022\n\n| *Date of Making:* | 1.2.22 |\n| *Date of Commencement:* | 2.2.22: rule 3 |\n\nMagistrates' Court Criminal Procedure Further Amendment Rules 2022, S.R. No. 101/2022\n\n| *Date of Making:* | 29.9.22 |\n| *Date of Commencement:* | 1.10.22: rule 3 |\n\nMagistrates' Court Criminal Procedure Amendment Rules 2023, S.R. No. 129/2023\n\n| *Date of Making:* | 8.12.23 |\n| *Date of Commencement:* | 13.12.23: rule 3 |\n\nMagistrates' Court Criminal Procedure Amendment (Committals) Rules 2025, S.R. No. 133/2025\n\n| *Date of Making:* | 4.12.25 |\n| *Date of Commencement:* | 28.12.25: rule 3 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Rule 12: S.R. No. 141/2010. Reprint No. 2 as at 15 March 2018. Reprinted to S.R. No. 128/2017. Subsequently amended by S.R. Nos 167/2018, 49/2019 and 81/2019. [↑](#endnote-ref-1)","sortOrder":114}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the limited information provided, there is no evidence that the scope of these rules changed from their original intent. They appear to remain focused on criminal procedure in the Magistrates' Court as originally made in 2019 (Statutory Rule 143/2019). Insufficient version history data was provided to identify any amendments that may have altered scope."},"complexity_factors":["Procedural rules often contain highly technical court process requirements that interact with the Magistrates' Court Act and Criminal Procedure Act","Multiple parties are bound by different obligations under the same rules (accused, prosecutors, lawyers, court staff)","Rules must be read alongside the primary legislation they support, making standalone interpretation difficult","Version history and amendment tracking is unclear from the information provided, making it hard to identify current obligations","Court procedure rules frequently use legal terminology with precise technical meanings that differ from everyday usage","Different rules may apply depending on the type of criminal offence or stage of proceedings"],"plain_english_summary":"The Magistrates' Court Criminal Procedure Rules 2019 set the procedural framework for how criminal matters are run in Victoria’s Magistrates’ Court — the everyday “how-to” for filing documents, scheduling hearings, and interacting with the court.  \n\nThey affect accused people, their lawyers (or self‑representatives), police, prosecutors and court staff. Following the rules controls timelines and conduct in cases; errors can delay proceedings or have serious consequences."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Rules remain procedural in scope: they standardise court practice and forms for criminal matters in the Magistrates' Court and expressly revoke earlier rules. Subsequent amendments add technological and specialised procedures (electronic filing, AV links, disclosure forms, committal case‑conference notices) but do not expand the Court's substantive jurisdiction. Changes refine mechanics, timelines and administrative processes rather than alter the fundamental remit of the Rules."},"complexity_factors":["Extensive cross‑references to multiple Acts (Criminal Procedure Act 2009, Magistrates' Court Act 1989, Evidence Acts, Sentencing Act 1991, Open Courts Act 2013, etc.)","Large number of prescribed forms and detailed templates (many offence‑specific and procedural forms)","Multiple procedural pathways (summary v indictable, committal, transfer, appeals, fines enforcement) with distinct rules","Court discretion and power to dispense with or vary requirements (creates case‑by‑case variability)","Integration of technology (electronic filing, Electronic Filing Appearance System, authentication of digital recordings, audio‑visual links)","Specialised procedures for confidential communications, protected health information and protected witnesses","Detailed enforcement mechanics (warrants, seizure, fine conversion, imprisonment for unpaid fines)","Frequent amendment history and incorporated amendments across years increasing interpretive layering","Language and service requirements (multi‑language notices, electronic service rules) increasing operational steps","Procedural interaction between registrars, magistrates, prosecutors and external agencies (sheriff, Roads Corporation, DPP, Victoria Legal Aid)"],"plain_english_summary":"These Rules set out the step‑by‑step court procedures for criminal cases in the Magistrates' Court of Victoria: how proceedings start, disclosure and case management, warrants, committals, appeals, fines enforcement, audio‑visual appearances and the exact forms and notices to be used. They require parties, registrars, prosecutors, police and practitioners to follow standardised timelines, disclosure obligations and filing methods (including electronic filing).\n\nThe stated purpose is to secure just and timely determinations; mechanically this imposes compliance costs (forms, filing rules, deadlines), shifts administrative work to registrars and digital systems, and gives the Court broad case‑management discretion that influences prosecutors' and defendants' choices."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":784},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: providing procedural rules for criminal proceedings in the Magistrates' Court. While amendments have added new procedures (electronic filing, special protections for sexual/family violence cases, streamlined committals), these expand within the existing framework rather than extending beyond the core scope of criminal procedure rules."},"complexity_factors":["Extensive cross-referencing to multiple Acts (Criminal Procedure Act 2009, Magistrates' Court Act 1989, Sentencing Act 1991, Evidence Act 2008, etc.)","56 prescribed forms with detailed completion requirements","Multiple overlapping procedures for different offence types (summary vs indictable, sexual offences, family violence, stalking)","Conditional logic throughout (e.g., different forms apply depending on offence type, representation status, or court venue)","Nested exceptions and special procedures (e.g., committal case conferences, ground rules hearings, protected witness procedures)","Frequent amendments tracked through version history (8 versions since 2019)","Dual pathways for many procedures (electronic vs physical filing, represented vs unrepresented accused)","Specialised terminology requiring definitions (hand-up brief, committal mention, summary case conference, etc.)"],"plain_english_summary":"These are the **Magistrates' Court Criminal Procedure Rules 2019** (Victoria), which set out how criminal cases are handled in Victoria's lowest-level criminal court.\n\n**What this legislation does:**\n\nIt provides the **step-by-step rules** for every stage of a criminal case in the Magistrates' Court—from when someone is first charged, through to appeals and enforcement of fines. Think of it as the \"instruction manual\" for police, prosecutors, defendants, lawyers, and court staff.\n\n**Key areas covered:**\n\n- **Starting a case** — how charge-sheets are filed and served, including new rules allowing electronic filing\n- **Disclosure** — what evidence the prosecution must share with the accused (called \"briefs of evidence\")\n- **Case management** — procedures for summary case conferences, committal proceedings (for serious charges), and contested hearings\n- **Warrants** — forms and procedures for arrest warrants, search warrants, remand warrants, and warrants to imprison\n- **Committal proceedings** — the process for serious charges that might go to trial in a higher court (County or Supreme Court), including new streamlined procedures for sexual offences, family violence, and stalking cases\n- **Appeals** — how to appeal to the County Court or Supreme Court\n- **Fines** — how people can apply to pay fines by instalments, convert fines to community work, or face enforcement\n- **Special protections** — procedures for confidential communications (like medical records), protected witnesses, and suppression orders\n\n**Who it affects:**\n\n- **Accused people** — anyone charged with a crime in Victoria\n- **Police and prosecutors** — who must follow these rules when bringing charges and disclosing evidence\n- **Lawyers** — who use these rules to represent clients\n- **Court staff** — registrars and magistrates who manage cases\n\n**Why it matters:**\n\nThese rules ensure criminal cases are handled **fairly, efficiently, and transparently**. They protect defendants' rights (like the right to know the evidence against them) while allowing the court to manage its workload. Recent amendments have added special procedures for **family violence and sexual offence cases**, recognising these need different handling to protect victims and ensure fair trials.\n\nThe Rules include **56 prescribed forms** (like charge-sheets, warrants, and notices) that must be used, ensuring consistency across all Victorian Magistrates' Courts."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-criminal-procedure-rules-2019","history":"/api/acts/magistrates-court-criminal-procedure-rules-2019/history","analysis":"/api/acts/magistrates-court-criminal-procedure-rules-2019/analysis","conflicts":"/api/acts/magistrates-court-criminal-procedure-rules-2019/conflicts","importantCases":"/api/acts/magistrates-court-criminal-procedure-rules-2019/important-cases","documents":"/api/acts/magistrates-court-criminal-procedure-rules-2019/documents"}}