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;