13 Prescribed forms for commencing a criminal proceeding 8
14 Information to be included in process served 8
15 Affidavit of service 9
16 Form of notice to appear and filing 10
17 When the Court directs that a person be prosecuted for contempt 10
Part 2—Case management and disclosure 10
18 Pre-hearing disclosure notice 10
19 Preliminary brief prescribed notice 11
20 Full brief prescribed notice 11
Part 3—Applications, orders and notices 11
21 Adjournment of a proceeding by a registrar 11
22 Summary case conference 12
23 Request for contested summary hearing 12
25 Registrar or judicial registrar may dispense with summary case conference requirement 12
26 Witness summons in a criminal proceeding 12
27 Subpoenas relating to confidential communications and protected health information 13
27A Notice to protected person 14
28 Notice of alibi 14
29 Objection to production and inspection of protected documents and things 14
30 Case abridgement application 14
31 Issuing of certificate to a victim of identity crime 15
32 Caution to be given to person charged 15
33 Certifying payment to Crown witness 15
34 Registration exemption orders 15
35 Application for rehearing 17
Part 4—Adjournment of criminal proceedings 17
36 Request for adjournment 17
40 Dispensing with compliance 18
Order 3—Warrants 19
41 Form of a warrant to arrest and issue for non‑appearance of the accused 19
42 Form of a search warrant 19
43 Form of a remand warrant 19
44 Form of a warrant to imprison 19
45 Form of a warrant to imprison for unpaid fines 19
46 Warrant to seize property application 19
47 Execution of warrant to seize property 19
48 Application of Supreme Court rules, practice and procedure 20
Order 4—Committal proceeding 21
Part 1—Appearance 21
49 Notice of appearance 21
50 Prosecution to provide relevant contact details 21
51 Legal practitioner ceasing to act 22
Part 2—Service 22
52 Mode of service 22
53 Copy of document served by electronic communication to be provided upon request 23
Part Part 1 - Magistrates' Court Criminal Procedure Rules 2019 - Commencing a procedure 8 | Zoe
Part 4—Compulsory examination procedure 23
55 Form of application 23
56 Form of notice of order 23
Part 5—Pre-hearing disclosure 23
57 Notice and list of information or other documents to accompany hand-up brief 23
58 Application to permit accused to be absent from committal hearing 24
Part 6—Case direction 24
59 Prescribed form of case direction notice 24
59A Notice of issues to be addressed at committal case conference 25
Part 7—Committal mention and case conference 25
60 Notice of committal proceeding 25
61 Application to Court to fix a longer period for the holding of a committal mention hearing 25
62 Committal checklist 26
63 Closing of a committal case conference 26
Part 8—Committal hearing 26
64 Application for a joint committal 26
Part 9—Determination of committal proceeding 27
66 Notice of election to stand trial 27
67 Committal caution 27
68 Alibi caution 27
69 Legal aid warning 27
Part 10—General 28
70 Applications for summary hearing of indictable offences 28
71 Form of application 28
72 Filing of application 28
73 Service of application 28
74 Application for a special mention hearing 28
75 Parties may request registrar to cancel a special mention hearing 29
76 Statements prepared in another jurisdiction 29
Order 5—Appeals 30
Part 1—Appeals to the County Court and Supreme Court under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 30
77 Definition 30
78 Procedure on appeal from Magistrates' Court to appropriate court 30
79 Recall and cancel process when an application for a stay is granted 32
80 Application for leave following late filing of appeal to the appropriate court 32
81 Application to set aside an order striking out an appeal in the appropriate court 32
Part 2—Appeals to the Supreme Court under Part 6.2 of Chapter 6 of the Criminal Procedure Act 2009 33
82 Filing of an appeal from the Magistrates' Court to the Supreme Court on a question of law 33
83 When the Supreme Court stays a Magistrates' Court order 33
84 When the Supreme Court makes an order remitting a case for rehearing to the Magistrates' Court 33
Order 6—Authentication of orders and warrants 34
85 Certified extract of an order 34
86 Particulars of warrants to be entered in the register 34
87 Authentication of warrants 34
88 Authentication of a digital recording 35
Order 7—Transfer of summary proceedings 36
89 Transfer of related summary proceeding on or after committal to the Supreme Court or County Court 36
90 Transfer of an offence that a magistrate refused to hear and determine summarily 36
91 Transfer of a summary offence that is not a related summary offence to the Supreme Court or County Court 36
Order 8—General 38
92 Last known place of residence or business for the purpose of service 38
93 Issue of some warrants to seize property 39
94 Prescribed person or member of a class of persons who may witness statements 39
Order 9—Audio visual or audio linking 41
95 Definition 41
96 Application for the physical appearance of an accused under section 42L of the Act 41
97 Application for appearance of an accused by audio visual link under section 42M of the Act 41
Order 10—Fines 42
98 Definitions 42
99 Application for instalment order, time to pay order, variation or cancellation of order, or fine conversion order 42
100 Consideration of application 43
101 Determination of the application 43
102 Enforcement of fines against a natural person 44
103 Enforcement of fines against body corporate 44
104 Summons for warrant to seize property returned unsatisfied 45
105 Declaration of liability of a director for offence of body corporate 45
Order 11—Procedure under the Open Courts Act 2013 47
106 Definitions 47
107 Notice of application for suppression order 47
108 Notice of application to review suppression order 47
Form 1—Charge-sheet 48
Form 2—Continuation of charges 51
Form 3—Charge-sheet and summons 53
Form 4—Charge-sheet and summons (corporate accused) 55
Form 5—Charge-sheet and warrant to arrest 58
Form 6—Do not ignore this notice 60
Form 7—Notice to appear 61
Form 8—Pre-hearing disclosure notice for matters to be determined summarily 64
Form 9—Pre-hearing disclosure notice for matters to be determined by a committal proceeding 67
Form 10—Notice accompanying preliminary brief 69
Form 11—Notice accompanying full brief 72
Form 11A—Summary case conference form 76
Form 12—Request for contested summary hearing 77
Form 13—Witness summons 81
Form 13A—Notice of intention to apply for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 83
Form 13B—Notice to protected person of application for leave under section 32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 85
Form 14—Notice of alibi 88
Form 15—Case abridgement application 89
Form 16—Application—identity crime 90
Form 17—Identity crime certificate 91
Form 18—Application for a rehearing 92
Form 19—Warrant to arrest 94
Form 20—Search warrant 96
Form 21—Remand warrant 98
Form 22—Warrant to imprison 100
Form 23—Warrant to imprison 103
Form 24—Warrant to seize property 105
Form 25—Notice of appearance 107
Form 25A—Notice that legal practitioner has ceased to act 108
Form 26—Application for compulsory examination 109
Form 27—Notice of order 110
Form 28—Notice of order 112
Form 29—Notice of committal mention date and hand-up brief 114
Form 30—List of information or other documents included in hand-up brief 118
Form 31—Application 121
Form 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
Form 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
Form 32B—Case direction notice—committal case conference issues 129
Form 33—Notice of committal proceeding 130
Form 34—Application for the fixing of a longer period for the holding of a committal mention hearing 132
Form 34A—Committal checklist 133
Form 36—Application for joint committal 135
Form 37—Caution to be given to person charged 137
Form 38—Election to stand trial 138
Form 39—Committal caution 139
Form 40—Alibi caution 140
Form 43—Certified extract 141
Form 45—Notice of application for direction that accused appear physically before court 142
Form 46—Notice of application for direction that accused appear before court by audio visual link 143
Form 47—Application for order to pay a fine by instalments, for time to pay a fine or to vary or cancel an order 145
Form 48—Application for fine conversion order 147
Form 48A—Fine conversion order 149
Form 49—Consent to the making of a fine default unpaid community work order 151
Form 50—Notice about the procedures for enforcement of fines 153
Form 51—Notice about the procedure for enforcement of a fine (bodies corporate) 155
Form 52—Fine default unpaid community work order 156
Form 53—Summons for failure to pay a fine 158
Form 54—Application for suppression order 160
Form 55—Application to review a suppression order 162
Form 56—Application for registration exemption order 164