Part 1
Preliminary 13
Part 1—Preliminary 13
2A.1 Definitions 13
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Victoria regulation
What these Rules do, in plain English
At a glance
These are the County Court Criminal Procedure Rules that set out how criminal and related matters are run in the County Court of Victoria. They prescribe forms, filing and service methods, time-limits and the steps parties must take in a wide range of criminal procedures (trials, appeals, subpoenas, fines, specialty regimes such as serious offenders and identity‑crime certificates, and more). (See Order 1, Rule 1.01.)
The Rules also allocate (and limit) specific powers to judicial registrars — non‑judge court officers — so many preliminary, interlocutory and administrative hearings can be dealt with by registrars instead of Judges, subject to qualifications and review rights. (See Order 2A, Rules 2A.2–2A.9 and 2A.29.)
They standardise dozens of court forms (notices, subpoenas, warrants, orders, applications) and set technical processes for electronic filing and production of documents (eLodgement / eCase). (See multiple Forms and Rules 2.02, 1.09 and Forms 1D–1EA.)
Who is affected
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in County Court Criminal Procedure Rules 2019.
Part 1—Preliminary 13
2A.1 Definitions 13
Part 2—Powers under the Criminal Procedure Act 2009 15
Division 1—Trials 15
2A.2 Pre-trial hearings 15
2A.3 Restrictions relating to bail and remand at pre-trial hearings 18
2A.4 Hearings during trial 19
Division 2—Appeals 20
Subdivision 1—Preliminary hearings at which a judicial registrar may constitute the Court 20
2A.5 Appeal by offender 20
2A.6 Appeal by DPP against sentence 21
2A.7 Appeal by DPP—failure to fulfil undertaking 21
Subdivision 2—Striking out appeals and withdrawing charges 22
2A.7A Appeal by offender—striking out appeal on repeated failure to appear 22
2A.7B Appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing 22
2A.7C Appeal by offender or DPP—withdrawal of charges on appeal 23
Subdivision 3—Leave to appeal and costs 24
2A.7D Application for leave to appeal 24
2A.8 Costs 25
Division 3—Criminal proceedings generally 26
2A.9 Excusing attendance and adjourning proceedings 26
Part 3—Powers under other Acts 26
2A.10 Appeal Costs Act 1998—indemnity certificates 26
2A.11 Bail Act 1977 27
2A.12 Children, Youth and Families Act 2005—appeal by offender 29
2A.13 Children, Youth and Families Act 2005—appeal by DPP against sentence 30
2A.14 Children, Youth and Families Act 2005—appeal by DPP—failure to fulfil undertaking 30
2A.14A Children, Youth and Families Act 2005—appeal by offender—striking out appeal on repeated failure to appear 31
2A.14B Children, Youth and Families Act 2005—appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing 31
2A.14C Children, Youth and Families Act 2005—appeal by offender or DPP—withdrawal of charges on appeal 32
2A.14D Children, Youth and Families Act 2005—application for leave to appeal 33
2A.15 Children, Youth and Families Act 2005—bringing accused or appellant before the Court 34
2A.16 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 34
2A.17 Evidence (Miscellaneous Provisions) Act 1958 35
2A.18 Family Violence Protection Act 2008—appeals 36
2A.19 Open Courts Act 2013—proceedings to which these Rules relate 37
2A.20 Open Courts Act 2013—criminal proceedings only 37
2A.21 Personal Safety Intervention Orders Act 2010—appeals 37
Part 4—Powers under statutory rules 38
2A.21A These Rules—Rule 1.06.1 38
2A.21B These Rules—Order 2B 38
2A.22 Chapter I of the Rules of the County Court—subpoenas 38
2A.23 Regulations under the Corrections Act 1986—bringing accused or appellant before the Court 40
Part 5—Referral by Court constituted by Judge 40
2A.24 Referral to judicial registrar 40
2A.25 Judicial registrar may constitute the Court on a referral 41
2A.26 Delegation of powers to judicial registrar on a referral 41
2A.27 Referral back to Court constituted by Judge 41
Part 6—Miscellaneous 42
2A.28 Exercise of powers without oral hearing 42
2A.29 Review by Judge of judicial registrar determinations 42
2A.30 Judicial registrar may act for another 44
Order 2B—Interpreters 45
2B.01 Definitions 45
2B.02 Application of this Order 45
2B.03 When interpreters may be engaged 46
2B.04 Who may act as an interpreter 49
2B.05 Functions of interpreters 51
2B.06 Code of Conduct 52
2B.07 Translated evidence 52
2B.08 Court may give directions concerning interpreters 53
Order 3—Appeals to County Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 56
3.01 Definition 56
3.01.1 Application of this Order 56
3.02 Notice of appeal by offender 56
3.03 Appeals by DPP against sentence or failure to fulfil undertaking 57
3.04 Registrar to fix date or hearing of appeal 58
3.05 Abandonment of appeal 58
3.06 Written notice of abandonment of appeal—conviction only 58
3.07 Application to set aside an order striking out appeal for failure to appear 59
3.08 Recording and notification of result of appeal 59
Order 4—Appeals to County Court from Children's Court 61
4.01 Application of this Order 61
4.02 Notice of appeal by offender 61
4.03 Appeals by DPP against sentence 62
4.03.1 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 62
4.04 Registrar to fix date or hearing of appeal 63
4.05 Abandonment of appeal 63
4.06 Written notice of abandonment of appeal—conviction only 63
4.07 Application to set aside an order striking out appeal for failure to appear 64
4.08 Recording and notification of result of appeal 64
Order 5—Fine enforcement 66
Part 1—Sentencing Act 1991 66
5.01 Proper officer 66
5.02 Application 66
5.03 Stay of enforcement or execution 70
5.04 Consideration of application 71
5.05 Order and notice 71
5.06 Enforcement of fine against a natural person 71
5.07 Enforcement of fine against body corporate 72
5.08 Bail—undertaking to attend 72
5.09 Warrant of commitment 72
Part 2—Sheriff Act 2009 73
5.10 Application for reinstatement of certain money warrants 73
5.11 Filing and service of summons 73
Order 5A—Evidence (Miscellaneous Provisions) Act 1958 74
5A.01 Application of Order 74
5A.02 Form of notice of application for leave 74
5A.03 Form of notice to protected person 74
5A.04 Declaration by proposed recipient of subpoena 74
5A.05 Disposal of documents produced by proposed recipient of subpoena 74
Order 6—Major Crime (Investigative Powers) Act 2004 76
6.01 Definition 76
6.02 Application to determine legal professional privilege 76
6.03 Warrant for arrest 76
6.04 Filing for documents 76
Order 7—Identity crime 77
7.01 Identity crime certificate 77
7.02 Notice to prosecutor to assist 77
Order 8—Community correction orders 78
8.01 Application to deal with community correction order under section 48M of the Sentencing Act 1991 78
8.02 Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991 78
Order 9—Open Courts Act 2013 79
9.01 Definitions 79
9.02 Notice of application for suppression order 79
Order 10—Sex Offenders Registration Act 2004 80
10.01 Definitions 80
10.02 Application for registration exemption order 80
Order 11—Serious Offenders Act 2018 82
11.01 Definition 82
11.02 Application of Order 82
11.03 Application for supervision order and renewal of supervision order 82
11.04 Supervision order 82
11.05 Notice of application for declaration that a condition is a restrictive condition 82
11.06 Notice of application to extend intensive treatment and supervision condition 82
11.07 Notice of application for interim supervision order and extension of interim supervision order 83
11.08 Interim supervision order and order extending interim supervision order 83
11.09 Notice of application for review of orders 83
11.10 Application for leave to review supervision order 83
11.11 Notice of application for review of conditions of supervision order or interim supervision order 83
11.12 Notice of application for review of intensive treatment and supervision condition 84
11.13 Order for a person to attend for examination 84
11.14 Notice of intention to dispute report 84
11.15 Filing of documents 84
Order 12—Procedure under the Vexatious Proceedings Act 2014 85
12.01 Definitions 85
12.02 Application for leave to proceed under limited litigation restraint order 85
12.03 Application for leave to proceed under extended litigation restraint order 85
12.04 Application for leave to proceed under general litigation restraint order 86
12.05 Notice of application for leave to proceed 86
Form 1A—Notice that legal practitioner acts 87
Form 1B—Notice that legal practitioner has ceased to act 88
Form 1C—General application 90
Form 1D—Subpoena to attend to give evidence 92
Form 1E—Subpoena to produce 95
Form 1EA—Subpoena both to attend to give evidence and to produce 101
Form 1F—Subpoena to give evidence (New Zealand) 107
Form 1G—Subpoena to produce documents (New Zealand) 113
Form 1H—Subpoena to give evidence and produce documents (New Zealand) 122
Form 1I—Short service order—subpoena 131
Form 2A—Notice to accused under section 171 of the Criminal Procedure Act 2009 132
Form 2B—Summons 134
Form 2C—Warrant to arrest 136
Form 2D—Notice of alibi 138
Form 2E—Application for order to take evidence from a witness before trial 139
Form 2F—Notice of intention to plead guilty to one or more remaining charges in indictment 141
Form 2G—Application to transfer summary offence that is not a related summary offence 143
Form 2H—Request for certificate for interlocutory appeal 145
Form 2I—Court interpreters' Code of Conduct 147
Form 3A—Notice of appeal 150
Form 3B—Information for appellant 152
Form 3C—Notice of appeal by DPP against *sentence imposed by Magistrates' Court/*failure of person to fulfil undertaking 154
Form 3D—Notice of abandonment of appeal 156
Form 3E—Written notice of abandonment of appeal—conviction only 158
Form 3F—Application to set aside order striking out appeal for failure to appear 160
Form 4A—Notice of appeal against decision of Children's Court 162
Form 4B—Notice of appeal by DPP against sentence imposed by Children's Court 164
Form 4BA—Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court 166
Form 4C—Notice of abandonment of appeal against decision of Children's Court 168
Form 4D—Written notice of abandonment of appeal—conviction only—section 430C(3) of the Children, Youth and Families Act 2005 170
Form 4E—Application to set aside order striking out appeal for failure to appear 172
Form 5A—Application for instalment order and other orders 174
Form 5AB—Application for variation or cancellation of instalment order or time to pay order 176
Form 5B—Fine conversion order under Sentencing Act 1991 178
Form 5BA—Fine default unpaid community work order under Sentencing Act 1991 180
Form 5C—Notice about the procedure for enforcement of fines 182
Form 5CA—Application to vary fine conversion order or fine default unpaid community work order 184
Form 5D—Warrant to arrest for failure to pay fine 186
Form 5E—Summons for failure to pay fine 188
Form 5F—Notice about the procedure for enforcement of fines 190
Form 5G—Warrant of commitment 191
Form 5H—Summons—application under section 28 of the Sheriff Act 2009 193
Form 5BB—Notice of intention to apply under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 194
Form 5BC—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 196
Form 5BD—Declaration by proposed recipient of the subpoena—physical production 199
Form 6A—Application to determine legal professional privilege 201
Form 6B—Warrant for arrest of witness 202
Form 7A—Identity crime certificate 204
Form 7B—Notice to appear under section 89H of the Sentencing Act 1991 205
Form 8A—Application under section 48N(1) of the Sentencing Act 1991 206
Form 8B—Application under section 83AY of the Sentencing Act 1991 for review of a decision of the Secretary 208
Form 9A—Notice of application for suppression order 210
Form 10A—Application for registration exemption order 211
Form 11A—Notice of application for supervision order 213
Form 11B—Notice of application for renewal of supervision order 216
Form 11C—Supervision order 219
Form 11D—Notice of application for declaration that condition is a restrictive condition 222
Form 11E—Notice of application for extension of an intensive treatment and supervision condition 224
Form 11F—Notice of application for interim supervision order 226
Form 11G—Notice of application for extension of interim supervision order 229
Form 11H—Interim supervision order 232
Form 11I—Order extending interim supervision order 235
Form 11J—Notice of application by Secretary for review of supervision order 236
Form 11K—Notice of application for leave to apply for review of supervision order 237
Form 11L—Notice of application for review of supervision order on ground of statutory amendments to core conditions 238
Form 11M—Notice of application for leave to apply for review of conditions of supervision order or interim supervision order 240
Form 11N—Notice of application by Secretary for review of intensive treatment and supervision condition 242
Form 11O—Order to attend for examination 243
Form 11P—Notice of intention to dispute assessment, progress report or other report to Court 244
Form 12A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order 245
Form 12B—Application for leave to continue proceeding by person subject to extended litigation restraint order 247
Form 12C—Application for leave to commence proceeding by person subject to extended litigation restraint order 249
Form 12D—Application for leave to continue proceeding by person subject to general litigation restraint order 251
Form 12E—Application for leave to commence proceeding by person subject to general litigation restraint order 253
Form 12F—Notice of application for leave to proceed 255
Schedule 1—Revoked Statutory Rules 256
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Endnotes 258
1 General information 258
2 Table of Amendments 260
3 Explanatory details 261
Version No. 008
County Court Criminal Procedure Rules 2019
S.R. No. 126/2019
Version incorporating amendments as at
A majority of the Judges of the County Court makes the following Rules:
Order 1—Preliminary
1.01 Object
The object of these Rules is to provide for the practice and procedure for matters in the County Court that are of a criminal, quasi-criminal or related nature.
1.02 Title
These Rules may be cited as the County Court Criminal Procedure Rules 2019 and constitute Chapter III of the Rules of the County Court.
1.03 Authorising provisions
These Rules are made under the Criminal Procedure Act 2009, section 78 of the County Court Act 1958, the Children, Youth and Families Act 2005 and all other enabling powers.
1.04 Commencement
These Rules come into operation on 16 December 2019.
1.05 Definitions
In these Rules—
accused means a person—
(a) who has been committed to the County Court for trial or directed to be tried at the County Court under section 167 of the Criminal Procedure Act 2009; or
(b) in respect of whom a direct indictment has been filed in the County Court;
appellant includes where an appellant is a child under the age of 15 years—
(a) the child's parent; or
(b) in the absence of the parent, the Secretary to the Department of Health and Human Services;
Chapter I means the County Court Civil Procedure Rules 2018[1];
Rule 1.05 def. of DPP inserted by S.R. No. 112/2025 rule 5.
DPP means the Director of Public Prosecutions for Victoria;
For the application of these Rules to the Director of Public Prosecutions for the Commonwealth, see Rule 1.13.
Rule 1.05 def. of eCase inserted by S.R. No. 81/2023 rule 27.
eCase has the same meaning as in Rule 1.13(1) of Chapter I;
legal practitioner—
(a) means the legal practitioner (as defined in section 3 of the Criminal Procedure Act 2009) who acts for the accused; and
(b) does not include a barrister (except where these Rules expressly provide otherwise);
offender means a person who has been sentenced by the Court;
person in default means an offender who has failed to pay a fine or an instalment under an instalment order and includes a director of a body corporate who is the subject of a declaration under section 55(1) of the Sentencing Act 1991.
1.06 Effect of noncompliance
(1) A failure to comply with these Rules is an irregularity and does not render a proceeding or step taken, or any document, judgment or order in a proceeding a nullity.
(2) The Court may dispense with compliance with any of the requirements of these Rules, either before or after the occasion for compliance arises.
Rule 1.06.1 inserted by S.R. No. 112/2025 rule 6.
1.06.1 Irregular documents and documents containing scandalous matter
(1) Where a document for use in the Court is not prepared in accordance with these Rules or any order of the Court—
(a) the Registrar may refuse to accept it for filing without the direction of the Court;
(b) the Court may order that the party responsible shall not be entitled to rely upon it in any manner in the proceeding until a document which is duly prepared is made available.
(2) The Court may direct the Registrar to accept a document for filing.
(3) Where a document for use in the Court contains scandalous, irrelevant or otherwise oppressive material, the Court may order—
(a) that the material be struck out; or
(b) if the document has been filed, that it be taken off the file.
1.07 Legal practitioner to notify that legal practitioner acts
(1) A legal practitioner who commences to act for an accused or an appellant must as soon as possible after commencing so to act—
(a) file with the Registrar a notice in Form 1A; and
(b) serve a copy of the notice on all other parties to the criminal proceeding.
Rule 1.07.1 sets out how paragraph (1) applies in criminal proceedings that come to the County Court on appeal from the Magistrates' Court or the Children's Court, or following a committal proceeding.
(2) A legal practitioner who ceases to act for an accused or an appellant must as soon as possible after so ceasing to act—
(a) file with the Registrar a notice in Form 1B; and
(b) serve a copy of the notice on all other parties to the criminal proceeding.
See also section 249 of the Criminal Procedure Act 2009.
1.07.1 Notifications under Rule 1.07 in proceeding that comes from Magistrates' Court or Children's Court
(1) For the purposes of Rule 1.07(1), a legal practitioner who—
(a) acted for an appellant in a criminal proceeding in the Magistrates' Court or the Children's Court; and
(b) continues to act for the appellant when the proceeding comes to the County Court on appeal—
is taken to commence to act for the appellant when the proceeding comes to be in the County Court.
Rule 1.07(1) requires the legal practitioner to file a notice in Form 1A in these circumstances.
(2) For the purposes of Rule 1.07(1), a legal practitioner who—
(a) acted for an accused in a committal proceeding;
(b) filed a notice of appearance in the Magistrates' Court in relation to that proceeding; and
(c) continues to act for the accused when the criminal proceeding comes to be in the County Court following the committal proceeding—
is taken not to commence to act for the accused when the proceeding comes to be in the County Court.
Rule 1.07(1) does not require the legal practitioner to file a notice in Form 1A in these circumstances.
1.08 General applications
If a party to a proceeding to which these Rules relate intends to make an application and there is no form prescribed by any Rules or by or under any Act for such an application, a general application in Form 1C may be used.
1.08.1 Filed documents not open for inspection
Subject to Rule 6.04(b), a document filed in a proceeding to which these Rules relate is not open for inspection unless the Court or the Registrar so directs.
Rule 6.04(b) makes special provision in relation to documents filed in relation to applications under the Major Crime (Investigative Powers) Act 2004.
1.09 Subpoenas
(1) Subject to this Rule and Rule 1.09.1, Order 42 of Chapter I applies with any necessary modification to any proceeding to which these Rules relate.
(1A) In a proceeding to which these Rules relate a subpoena shall be in accordance with—
(a) Form 1D, for a subpoena to attend to give evidence;
(b) Form 1E, for a subpoena to produce; or
(c) Form 1EA, for a subpoena both to attend to give evidence and to produce.
(1B) An addressee need not comply with the requirement of a subpoena to attend to give evidence (a subpoena in Form 1D) or a subpoena both to attend to give evidence and to produce (a subpoena in Form 1EA) unless conduct money has been provided or tendered to the addressee a reasonable time before the day on which attendance is required.
(1C) In a proceeding to which these Rules relate, an order fixing a time as described in Rule 42.03(8)(a) of Chapter I shall be in accordance with Form 1I.
Rule 42.03(8) of Chapter I relates to the last date for service of a subpoena. That is ordinarily the date falling 5 days before the earliest date on which an addressee is required to comply with it. However, Rule 42.03(8)(a) provides for the Court to fix a different last date for service of a subpoena.
Rule 1.09(2) amended by S.R. No. 81/2023 rule 28(1).
(2) Leave of the Court is required to view all documents and things returned on a subpoena in any proceeding to which these Rules relate.
(3) A subpoena in a proceeding to which these Rules relate shall be served personally by giving a copy of the subpoena to the person to be served.
Rule 1.09(4) amended by S.R. No. 81/2023 rule 28(2).
(4) The addressee of a subpoena which is in accordance with Form 1E or Form 1EA must complete the declaration by the addressee provided for in the subpoena if leave is granted by the Court or Registrar for physical production of the documents.
Rule 1.09(5) amended by S.R. No. 81/2023 rule 28(3).
(5) The completed declaration must be included in the subpoena or copy of the subpoena which accompanies the documents physically produced under the subpoena.
Rule 1.09(6) substituted by S.R. No. 81/2023 rule 28(4).
(6) Subject to paragraph (7), the Registrar may, upon the expiry of four months from the conclusion of a proceeding, cause to be destroyed all—
(a) the electronic copies of documents produced in compliance with a subpoena; or
(b) the documents physically produced in response to a subpoena and which were declared by the addressee to be copies.
Rule 1.09(7) substituted by S.R. No. 81/2023 rule 28(4).
(7) The Registrar may cause to be destroyed the electronic copies and documents referred to in paragraph (6) which have become exhibits in the proceeding when they are no longer required in connection with the proceeding, including on any appeal.
1.09.1 Subpoenas under Trans-Tasman Proceedings Act 2010 of the Commonwealth
(1) Order 7A of Chapter I applies with any necessary modification to a proceeding to which—
(a) these Rules relate; and
(b) the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies.
(2) A subpoena in a proceeding referred to in paragraph (1) shall be in accordance with—
(a) Form 1F, for a subpoena to give evidence;
(b) Form 1G, for a subpoena to produce documents; or
(c) Form 1H, for a subpoena to give evidence and produce documents.
(3) A subpoena in a proceeding referred to in paragraph (1) shall be served personally by giving a copy of the subpoena to the person to be served.
1.10 Service of summons
A summons in a proceeding to which these Rules relate shall be served personally in accordance with section 391 (other than subsection (2)(c)) of the Criminal Procedure Act 2009.
1.11 Service generally
Subject to Rules 1.09(3), 1.09.1(3) and 1.10, any document that is required to be served under these Rules is to be served in accordance with Part 8.3 of Chapter 8 of the Criminal Procedure Act 2009.
1.12 Orders must be recorded
Orders in proceedings to which these Rules relate must be recorded in a manner directed by the Chief Judge.
Rule 1.13 (Heading) substituted by S.R. No. 112/2025 rule 7(1).
Rule 1.13 amended by S.R. No. 112/2025 rule 7(2).
1.13 Application of Rules to the Commonwealth DPP
These Rules apply, with any necessary modification, to the Director of Public Prosecutions for the Commonwealth in the same manner as the Rules apply to the DPP.
1.14 Application of Chapter I
(1) This Rule applies if a matter arises in a proceeding to which these Rules relate and—
(a) these Rules do not provide for that matter; but
(b) Chapter I provides for that matter in relation to civil proceedings.
(2) The Court may order that the provisions of Chapter I that provide for that matter in civil proceedings are to apply to that matter in the proceeding to which these Rules relate with any necessary modifications.
1.15 Revocation
The Rules set out in Schedule 1 are revoked.
Order 2—Trial on indictment
2.01 Definition
2.01.1 Application of this Order
This Order applies to any criminal proceeding in the Court referred to in section 158 of the Act.
2.02 Filing an indictment
For the purposes of section 159(1) of the Act, an indictment is filed—
(a) when it is provided to a Judge in open court; or
(b) if the indictment is sent to the Court electronically, when it is received by the Court's information system known as the eLodgement portal.
2.03 Notice to accompany copy indictment—no legal practitioner representing accused
For the purposes of section 171(1)(b) of the Act, the form of notice is Form 2A.
2.04 Summons or warrant when direct indictment filed
(1) A summons under section 174(2)(a) of the Act must be in Form 2B.
(2) A warrant to arrest under section 174(2)(b) of the Act must be in Form 2C.
(3) An application for a summons or warrant to arrest under section 174(1) of the Act must be made at the time of filing the direct indictment to which the application relates, unless the circumstances of the case require a later application.
(4) A summons or warrant to arrest under section 174(2)(a) or (b) of the Act must be issued by a Judge.
2.05 Notice of discontinuance
(1) A notice of discontinuance under section 177(1)(b) of the Act is filed when it is provided to a Judge in open court.
(2) A notice of discontinuance under section 177(4) of the Act is filed when it is provided to the Registrar.
2.06 Pre-trial conferences and directions hearings
Nothing said by or on behalf of an accused, and no failure by an accused to answer a question, at a directions hearing or a pre-trial conference may be used in any subsequent trial or made the subject of any comment at that trial.
2.07 Notice of alibi
For the purposes of section 190 of the Act, a notice of alibi must be in Form 2D.
2.08 Application for order for taking evidence from a witness before trial
For the purposes of section 198 of the Act, an application for an order that the evidence of a person be taken at a time and place fixed by the Court must be in Form 2E.
2.09 Recording of date of arraignment
The date of arraignment of an accused shall be recorded in the records of the Court.
See sections 210, 215 and 217 of the Act.
2.10 Notice of intention to plead guilty to remaining charges in indictment
(1) For the purposes of section 216(1)(b) of the Act, notice of intention by the accused to plead guilty to the remaining charges in an indictment shall be in Form 2F.
(2) The accused must sign each remaining charge to which the accused pleads guilty on the copy of the indictment attached to Form 2F.
2.11 Transfer of charge for unrelated summary offence
(1) A party seeking to transfer a charge against an accused for a summary offence that is not a related summary offence to the Court under section 243 of the Act must apply to the Court no less than 21 days prior to the day on which the plea hearing is listed.
(2) An application under section 243 of the Act must be in Form 2G.
2.12 Interlocutory appeals
(1) A request for certification from a Judge under section 295(3) of the Act must be in Form 2H.
(2) A decision in relation to a certification must be recorded in the records of the Court.
Order 2A (Heading and rules 2A.1−2A.9) inserted by S.R. No. 16/2020 rule 4, substituted as Order 2A (Headings and rules 2A.1–2A.30) by S.R. No. 98/2021 rule 5.
Order 2A—Judicial registrars
Part 1—Preliminary
Rule 2A.1 substituted by S.R. No. 98/2021 rule 5.
2A.1 Definitions
In this Part—
Rule 2A.1 def. of aggregate sentence inserted by S.R. No. 16/2023 rule 6(a).
aggregate sentence means a sentence imposed on an offender in respect of more than one offence;
Examples
Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
Version No. 008
County Court Criminal Procedure Rules 2019
S.R. No. 126/2019
Version incorporating amendments as at
1 November 2025
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary 1
1.01 Object 1
1.02 Title 1
1.03 Authorising provisions 1
1.04 Commencement 1
1.05 Definitions 2
1.06 Effect of noncompliance 3
1.06.1 Irregular documents and documents containing scandalous matter 3
1.07 Legal practitioner to notify that legal practitioner acts 4
1.07.1 Notifications under Rule 1.07 in proceeding that comes from Magistrates' Court or Children's Court 5
1.08 General applications 6
1.08.1 Filed documents not open for inspection 6
1.09 Subpoenas 6
1.09.1 Subpoenas under Trans-Tasman Proceedings Act 2010 of the Commonwealth 8
1.10 Service of summons 8
1.11 Service generally 9
1.12 Orders must be recorded 9
1.13 Application of Rules to the Commonwealth DPP 9
1.14 Application of Chapter I 9
1.15 Revocation 9
Order 2—Trial on indictment 10
2.01 Definition 10
2.01.1 Application of this Order 10
2.02 Filing an indictment 10
2.03 Notice to accompany copy indictment—no legal practitioner representing accused 10
2.04 Summons or warrant when direct indictment filed 10
2.05 Notice of discontinuance 11
2.06 Pre-trial conferences and directions hearings 11
2.07 Notice of alibi 11
2.08 Application for order for taking evidence from a witness before trial 11
2.09 Recording of date of arraignment 11
2.10 Notice of intention to plead guilty to remaining charges in indictment 12
2.11 Transfer of charge for unrelated summary offence 12
2.12 Interlocutory appeals 12
Order 2A—Judicial registrars 13
Part 1—Preliminary 13
2A.1 Definitions 13
Part 2—Powers under the Criminal Procedure Act 2009 15
Division 1—Trials 15
How it works mechanically (key mechanisms and consequences)
Standard forms and process rules: the Rules require specified forms for most routine applications and notices (e.g. notices of appeal, subpoenas, warrants, notices of alibi, fine‑enforcement applications). Using the correct form is a precondition to the Registrar accepting the filing. (See Forms 2A, 3A, 1D–1EA, 5A etc.; Rule 1.08.)
Electronic filing and document production: indictments and many documents may be filed electronically (eLodgement portal, eCase). Subpoenas to produce require electronic copies to be lodged in eCase unless leave is given for physical production. The Rules set acceptable formats and allow the Registrar to destroy produced copies after set retention periods. (Rules 2.02, 1.09(1A)(b), 1.09(6)–(7), Forms 1E/1EA.)
Subpoenas and conduct money: subpoenas to attend generally must be served personally; a person need not comply with an attendance subpoena unless reasonable conduct money (expenses) is provided a reasonable time beforehand. Non‑parties can apply to recover loss/expense. (Rule 1.09(3)–(1B); Forms 1D/1E/1EA.)
Delegation to judicial registrars: many pre‑trial, interlocutory, preliminary and administrative powers are delegated to judicial registrars (case management, certain bail/remand decisions where not opposed, striking out or withdrawing charges in limited cases, costs decisions, powers under particular Acts). Judges retain certain powers (e.g. sentencing, some disclosure or recorded‑statement rulings). Where registrars decide, parties can seek a de novo review by a Judge. (Order 2A, esp. Rules 2A.2–2A.4 and 2A.29.)
Interpreters: if someone cannot understand/speak English sufficiently, accredited interpreters (NAATI or otherwise qualified) must be used. The Rules fix who is responsible for engaging and usually who pays in particular proceedings (see table in Rule 2B.03(3)). Interpreters must follow the Code of Conduct (Form 2I) and can be disqualified for conflicts or inability to remain impartial. (Order 2B.)
Appeals and time limits: the Rules set the form, filing, service and listing procedures for appeals from Magistrates' and Children's Courts and for DPP appeals against sentence or failures to fulfil undertakings. (Orders 3 and 4; Forms 3A–3F, 4A–4E.)
Fine enforcement: the Rules prescribe applications, affidavit content about financial circumstances, stay‑pending‑filing rules, form of warrants, conversion to community work, and enforcement processes (warrants, seizure, committal). (Order 5 and Forms 5A–5G.)
Sensitive materials and confidentiality: the Rules implement provisions for handling confidential communications / protected health information under the Evidence (Miscellaneous Provisions) Act (Order 5A) and set limited inspection and destruction procedures for produced documents. (Order 5A and Rules 1.09, 5A.05.)
Why it matters — intended benefits and the trade‑offs
Stated purpose: to provide consistent practice and procedure for criminal and related County Court matters (Rule 1.01). That standardisation aims to make proceedings predictable and administratively efficient (standard forms, e‑filing, delegated decision‑making).
Efficiency vs judicial oversight: delegating many preliminary or interlocutory powers to registrars (Order 2A) is likely to speed routine processes and reduce the judicial workload. The trade‑off is a shift of decision‑making from Judges to registrars, with a resulting need for careful qualification (many rules state registrars may act only where bail is unopposed, or where a matter is not a sentencing hearing) and an express right of de novo review by a Judge (Rule 2A.29). That produces potential efficiency gains but imposes monitoring/appeal costs and a risk of inconsistent practice unless tightly supervised. (See Rules 2A.2, 2A.3 and 2A.29.)
Cost and compliance burden on private parties: businesses and individuals who receive subpoenas must produce electronic copies in prescribed formats and may incur expense and administrative work. Non‑parties can apply for compensation for loss or expense (Forms 1E/1EA Notes). Interpreters must be accredited or justified by the Court, which can impose fees that a party or prosecuting agency must pay depending on the proceeding (Rule 2B.03 table). The extensive list of prescribed forms and affidavit requirements (e.g. detailed financial affidavit for fine relief, Rule 5.02(1B)) increases compliance costs for litigants and may favour represented parties.
Data and privacy operational issues: the Rules permit destruction of electronic copies and produced copies after fixed periods (Rule 1.09(6)–(7); Rule 5A.05). That manages storage cost but means parties or third parties relying on produced copies must preserve originals if they need longer retention; there is a risk of accidental loss if practices aren’t strictly followed.
Cross‑border evidence: the Trans‑Tasman subpoena forms and procedures (Rule 1.09.1 and Forms 1F–1H) clarify how to obtain evidence from New Zealand. That reduces friction for cross‑jurisdictional investigations but imposes procedural steps (leave, conduct money, notices) and potential travel or expense obligations on overseas witnesses.
Who pays, who decides, and what behaviour changes
Who pays: parties who call witnesses generally must engage and pay interpreters for those witnesses unless Rule 2B.03(3) says otherwise (the Rule lists which party is responsible in particular proceedings). Addressees of subpoenas may be entitled to conduct money and can seek the issuing party to meet reasonable expenses. Non‑party witnesses may apply to recover loss/expense from the issuing party (Forms 1D/1E/1EA notes). Fines enforcement and Sheriff's actions impose costs on offenders or companies subject to enforcement. (Rules 1.09, 2B.03, Order 5.)
Who decides: Judges, Registrars, and Judicial Registrars exercise different powers under the Rules; the Chief Judge directs how orders must be recorded (Rule 1.12). The Court (Judge or Registrar) decides on subpoena objections, interpreter permissions, document inspection and destruction, and whether to exercise delegated powers. (Orders 1 and 2A; Rule 1.09.)
Behaviour changes the Rules induce: parties must use prescribed forms and electronic systems; legal practitioners must file notices of appearance or cessation promptly; prosecutors and defence must plan for interpreter engagement and for timely production of e‑documents; businesses served with subpoenas will likely set up procedures for eCase compliance and cost recovery requests; registrars will be used for preliminary case management rather than reserving all matters for Judges. (Rules 1.07, 1.08, 1.09, 2A, 2B.)
Practical implementation risks and trade‑offs
Technical risk: dependence on eLodgement/eCase in particular formats increases operational risk (format rejections, system downtime). (Rules 2.02 and 1.09.)
Discretion and consistency: wide delegations to registrars produce variation risk between registrars unless there is clear administrative guidance; the de novo review right mitigates but at a cost of duplication. (Rules 2A.2, 2A.29.)
Concentrated vs diffuse costs: the Court and registrars gain concentrated efficiency benefits; the compliance and expense burden is spread across many litigants, non‑party witnesses and small businesses asked to produce documents or provide interpreters.
Key cross‑references that matter in practice
End of summary.
2A.2 Pre-trial hearings 15
2A.3 Restrictions relating to bail and remand at pre-trial hearings 18
2A.4 Hearings during trial 19
Division 2—Appeals 20
Subdivision 1—Preliminary hearings at which a judicial registrar may constitute the Court 20
2A.5 Appeal by offender 20
2A.6 Appeal by DPP against sentence 21
2A.7 Appeal by DPP—failure to fulfil undertaking 21
Subdivision 2—Striking out appeals and withdrawing charges 22
2A.7A Appeal by offender—striking out appeal on repeated failure to appear 22
2A.7B Appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing 22
2A.7C Appeal by offender or DPP—withdrawal of charges on appeal 23
Subdivision 3—Leave to appeal and costs 24
2A.7D Application for leave to appeal 24
2A.8 Costs 25
Division 3—Criminal proceedings generally 26
2A.9 Excusing attendance and adjourning proceedings 26
Part 3—Powers under other Acts 26
2A.10 Appeal Costs Act 1998—indemnity certificates 26
2A.11 Bail Act 1977 27
2A.12 Children, Youth and Families Act 2005—appeal by offender 29
2A.13 Children, Youth and Families Act 2005—appeal by DPP against sentence 30
2A.14 Children, Youth and Families Act 2005—appeal by DPP—failure to fulfil undertaking 30
2A.14A Children, Youth and Families Act 2005—appeal by offender—striking out appeal on repeated failure to appear 31
2A.14B Children, Youth and Families Act 2005—appeal by offender—striking out appeal if appellant expresses a wish to abandon it during preliminary hearing 31
2A.14C Children, Youth and Families Act 2005—appeal by offender or DPP—withdrawal of charges on appeal 32
2A.14D Children, Youth and Families Act 2005—application for leave to appeal 33
2A.15 Children, Youth and Families Act 2005—bringing accused or appellant before the Court 34
2A.16 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 34
2A.17 Evidence (Miscellaneous Provisions) Act 1958 35
2A.18 Family Violence Protection Act 2008—appeals 36
2A.19 Open Courts Act 2013—proceedings to which these Rules relate 37
2A.20 Open Courts Act 2013—criminal proceedings only 37
2A.21 Personal Safety Intervention Orders Act 2010—appeals 37
Part 4—Powers under statutory rules 38
2A.21A These Rules—Rule 1.06.1 38
2A.21B These Rules—Order 2B 38
2A.22 Chapter I of the Rules of the County Court—subpoenas 38
2A.23 Regulations under the Corrections Act 1986—bringing accused or appellant before the Court 40
Part 5—Referral by Court constituted by Judge 40
2A.24 Referral to judicial registrar 40
2A.25 Judicial registrar may constitute the Court on a referral 41
2A.26 Delegation of powers to judicial registrar on a referral 41
2A.27 Referral back to Court constituted by Judge 41
Part 6—Miscellaneous 42
2A.28 Exercise of powers without oral hearing 42
2A.29 Review by Judge of judicial registrar determinations 42
2A.30 Judicial registrar may act for another 44
Order 2B—Interpreters 45
2B.01 Definitions 45
2B.02 Application of this Order 45
2B.03 When interpreters may be engaged 46
2B.04 Who may act as an interpreter 49
2B.05 Functions of interpreters 51
2B.06 Code of Conduct 52
2B.07 Translated evidence 52
2B.08 Court may give directions concerning interpreters 53
Order 3—Appeals to County Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 56
3.01 Definition 56
3.01.1 Application of this Order 56
3.02 Notice of appeal by offender 56
3.03 Appeals by DPP against sentence or failure to fulfil undertaking 57
3.04 Registrar to fix date or hearing of appeal 58
3.05 Abandonment of appeal 58
3.06 Written notice of abandonment of appeal—conviction only 58
3.07 Application to set aside an order striking out appeal for failure to appear 59
3.08 Recording and notification of result of appeal 59
Order 4—Appeals to County Court from Children's Court 61
4.01 Application of this Order 61
4.02 Notice of appeal by offender 61
4.03 Appeals by DPP against sentence 62
4.03.1 Appeals by DPP, Attorney-General or Secretary under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 62
4.04 Registrar to fix date or hearing of appeal 63
4.05 Abandonment of appeal 63
4.06 Written notice of abandonment of appeal—conviction only 63
4.07 Application to set aside an order striking out appeal for failure to appear 64
4.08 Recording and notification of result of appeal 64
Order 5—Fine enforcement 66
Part 1—Sentencing Act 1991 66
5.01 Proper officer 66
5.02 Application 66
5.03 Stay of enforcement or execution 70
5.04 Consideration of application 71
5.05 Order and notice 71
5.06 Enforcement of fine against a natural person 71
5.07 Enforcement of fine against body corporate 72
5.08 Bail—undertaking to attend 72
5.09 Warrant of commitment 72
Part 2—Sheriff Act 2009 73
5.10 Application for reinstatement of certain money warrants 73
5.11 Filing and service of summons 73
Order 5A—Evidence (Miscellaneous Provisions) Act 1958 74
5A.01 Application of Order 74
5A.02 Form of notice of application for leave 74
5A.03 Form of notice to protected person 74
5A.04 Declaration by proposed recipient of subpoena 74
5A.05 Disposal of documents produced by proposed recipient of subpoena 74
Order 6—Major Crime (Investigative Powers) Act 2004 76
6.01 Definition 76
6.02 Application to determine legal professional privilege 76
6.03 Warrant for arrest 76
6.04 Filing for documents 76
Order 7—Identity crime 77
7.01 Identity crime certificate 77
7.02 Notice to prosecutor to assist 77
Order 8—Community correction orders 78
8.01 Application to deal with community correction order under section 48M of the Sentencing Act 1991 78
8.02 Application for review of direction by Secretary under Division 3 of Part 3C of the Sentencing Act 1991 78
Order 9—Open Courts Act 2013 79
9.01 Definitions 79
9.02 Notice of application for suppression order 79
Order 10—Sex Offenders Registration Act 2004 80
10.01 Definitions 80
10.02 Application for registration exemption order 80
Order 11—Serious Offenders Act 2018 82
11.01 Definition 82
11.02 Application of Order 82
11.03 Application for supervision order and renewal of supervision order 82
11.04 Supervision order 82
11.05 Notice of application for declaration that a condition is a restrictive condition 82
11.06 Notice of application to extend intensive treatment and supervision condition 82
11.07 Notice of application for interim supervision order and extension of interim supervision order 83
11.08 Interim supervision order and order extending interim supervision order 83
11.09 Notice of application for review of orders 83
11.10 Application for leave to review supervision order 83
11.11 Notice of application for review of conditions of supervision order or interim supervision order 83
11.12 Notice of application for review of intensive treatment and supervision condition 84
11.13 Order for a person to attend for examination 84
11.14 Notice of intention to dispute report 84
11.15 Filing of documents 84
Order 12—Procedure under the Vexatious Proceedings Act 2014 85
12.01 Definitions 85
12.02 Application for leave to proceed under limited litigation restraint order 85
12.03 Application for leave to proceed under extended litigation restraint order 85
12.04 Application for leave to proceed under general litigation restraint order 86
12.05 Notice of application for leave to proceed 86
Form 1A—Notice that legal practitioner acts 87
Form 1B—Notice that legal practitioner has ceased to act 88
Form 1C—General application 90
Form 1D—Subpoena to attend to give evidence 92
Form 1E—Subpoena to produce 95
Form 1EA—Subpoena both to attend to give evidence and to produce 101
Form 1F—Subpoena to give evidence (New Zealand) 107
Form 1G—Subpoena to produce documents (New Zealand) 113
Form 1H—Subpoena to give evidence and produce documents (New Zealand) 122
Form 1I—Short service order—subpoena 131
Form 2A—Notice to accused under section 171 of the Criminal Procedure Act 2009 132
Form 2B—Summons 134
Form 2C—Warrant to arrest 136
Form 2D—Notice of alibi 138
Form 2E—Application for order to take evidence from a witness before trial 139
Form 2F—Notice of intention to plead guilty to one or more remaining charges in indictment 141
Form 2G—Application to transfer summary offence that is not a related summary offence 143
Form 2H—Request for certificate for interlocutory appeal 145
Form 2I—Court interpreters' Code of Conduct 147
Form 3A—Notice of appeal 150
Form 3B—Information for appellant 152
Form 3C—Notice of appeal by DPP against *sentence imposed by Magistrates' Court/*failure of person to fulfil undertaking 154
Form 3D—Notice of abandonment of appeal 156
Form 3E—Written notice of abandonment of appeal—conviction only 158
Form 3F—Application to set aside order striking out appeal for failure to appear 160
Form 4A—Notice of appeal against decision of Children's Court 162
Form 4B—Notice of appeal by DPP against sentence imposed by Children's Court 164
Form 4BA—Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court 166
Form 4C—Notice of abandonment of appeal against decision of Children's Court 168
Form 4D—Written notice of abandonment of appeal—conviction only—section 430C(3) of the Children, Youth and Families Act 2005 170
Form 4E—Application to set aside order striking out appeal for failure to appear 172
Form 5A—Application for instalment order and other orders 174
Form 5AB—Application for variation or cancellation of instalment order or time to pay order 176
Form 5B—Fine conversion order under Sentencing Act 1991 178
Form 5BA—Fine default unpaid community work order under Sentencing Act 1991 180
Form 5C—Notice about the procedure for enforcement of fines 182
Form 5CA—Application to vary fine conversion order or fine default unpaid community work order 184
Form 5D—Warrant to arrest for failure to pay fine 186
Form 5E—Summons for failure to pay fine 188
Form 5F—Notice about the procedure for enforcement of fines 190
Form 5G—Warrant of commitment 191
Form 5H—Summons—application under section 28 of the Sheriff Act 2009 193
Form 5BB—Notice of intention to apply under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 194
Form 5BC—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 196
Form 5BD—Declaration by proposed recipient of the subpoena—physical production 199
Form 6A—Application to determine legal professional privilege 201
Form 6B—Warrant for arrest of witness 202
Form 7A—Identity crime certificate 204
Form 7B—Notice to appear under section 89H of the Sentencing Act 1991 205
Form 8A—Application under section 48N(1) of the Sentencing Act 1991 206
Form 8B—Application under section 83AY of the Sentencing Act 1991 for review of a decision of the Secretary 208
Form 9A—Notice of application for suppression order 210
Form 10A—Application for registration exemption order 211
Form 11A—Notice of application for supervision order 213
Form 11B—Notice of application for renewal of supervision order 216
Form 11C—Supervision order 219
Form 11D—Notice of application for declaration that condition is a restrictive condition 222
Form 11E—Notice of application for extension of an intensive treatment and supervision condition 224
Form 11F—Notice of application for interim supervision order 226
Form 11G—Notice of application for extension of interim supervision order 229
Form 11H—Interim supervision order 232
Form 11I—Order extending interim supervision order 235
Form 11J—Notice of application by Secretary for review of supervision order 236
Form 11K—Notice of application for leave to apply for review of supervision order 237
Form 11L—Notice of application for review of supervision order on ground of statutory amendments to core conditions 238
Form 11M—Notice of application for leave to apply for review of conditions of supervision order or interim supervision order 240
Form 11N—Notice of application by Secretary for review of intensive treatment and supervision condition 242
Form 11O—Order to attend for examination 243
Form 11P—Notice of intention to dispute assessment, progress report or other report to Court 244
Form 12A—Application for leave to make or continue interlocutory application in proceeding by person subject to limited litigation restraint order 245
Form 12B—Application for leave to continue proceeding by person subject to extended litigation restraint order 247
Form 12C—Application for leave to commence proceeding by person subject to extended litigation restraint order 249
Form 12D—Application for leave to continue proceeding by person subject to general litigation restraint order 251
Form 12E—Application for leave to commence proceeding by person subject to general litigation restraint order 253
Form 12F—Notice of application for leave to proceed 255
Schedule 1—Revoked Statutory Rules 256
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Endnotes 258
1 General information 258
2 Table of Amendments 260
3 Explanatory details 261
Version No. 008
County Court Criminal Procedure Rules 2019
S.R. No. 126/2019
Version incorporating amendments as at
1 November 2025
A majority of the Judges of the County Court makes the following Rules:
Order 1—Preliminary
1.01 Object
The object of these Rules is to provide for the practice and procedure for matters in the County Court that are of a criminal, quasi-criminal or related nature.
1.02 Title
These Rules may be cited as the County Court Criminal Procedure Rules 2019 and constitute Chapter III of the Rules of the County Court.
1.03 Authorising provisions
These Rules are made under the Criminal Procedure Act 2009, section 78 of the County Court Act 1958, the Children, Youth and Families Act 2005 and all other enabling powers.
1.04 Commencement
These Rules come into operation on 16 December 2019.
1.05 Definitions
In these Rules—
accused means a person—
(a) who has been committed to the County Court for trial or directed to be tried at the
This is an opening excerpt, not the complete document.