Part 1
Preliminary 19
Part 1—Preliminary 19
2.01 Definitions 19
2.02 Single judge 20
2.03 Jurisdiction and powers exercisable by two Judges of Appeal 20
2.04 Legal practitioners 21
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Victoria regulation
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Direct links to the current provisions in Supreme Court (Criminal Procedure) Rules 2017.
Part 1—Preliminary 19
2.01 Definitions 19
2.02 Single judge 20
2.03 Jurisdiction and powers exercisable by two Judges of Appeal 20
2.04 Legal practitioners 21
Part 2—Commencement of appeals under Divisions 1 and 2 of Part 6.3 and Part 6.4 of Chapter 6 of the Criminal Procedure Act 2009 22
2.05 Application for leave to appeal against conviction or sentence 22
2.06 Application may be determined by single Judge of Appeal 23
2.07 Procedure for determination of application by single Judge of Appeal 23
2.08 Procedure for renewal of application 24
2.09 Powers of determination 26
2.10 Application may be treated as appeal 26
2.11 No notice of appeal when leave is granted 26
2.12 Unrepresented appellant 26
2.13 Registrar may vacate hearing date or refer for dismissal 26
Part 3—Appeals under Division 3 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 27
2.15 Crown appeals 27
Part 4—Applications under Division 5 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 28
2.16 Refusal to reserve question of law—application to show cause 28
2.17 Applicant to file affidavit 29
Part 5—Appeals under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 29
2.17.1 Application of this Part 29
2.18 Commencement of appeal against finding that accused is unfit to stand trial 29
2.19 Commencement of appeal against verdict of not guilty because of mental impairment 30
2.20 Application may be treated as appeal 30
2.21 No notice of appeal when leave is granted 30
Part 6—Applications under Division 7 of Part 6.3 and Part 6.4 of Chapter 6 of the Criminal Procedure Act 2009 31
2.22 Application for extension of time 31
2.23 Extension of time before Registrar 31
2.24 Extension of time—application under section 313(2) 32
2.25 Application under section 315 or 326H—refusal of Judge of Appeal to exercise powers 32
Part 7—Reference to Court of Appeal on petition of mercy 33
2.26 Reference on petition of mercy 33
Part 8—Procedures 34
2.27 Time 34
2.28 Fine and imprisonment in default—fine paid to be retained pending appeal 34
2.29 Procedure for appeal where fine and imprisonment in default 35
2.30 Pre-hearing conference 36
2.31 Transcript of trial 36
2.32 Preservation of exhibits 37
2.33 Copies of transcript, exhibits etc. 37
2.34 Return of exhibits after hearing 38
2.35 Certificate of conviction 38
2.36 Attendance of appellant 39
2.37 Bringing appellant in custody before the Court 39
2.38 Bail 40
2.39 Registrar to notify determination 40
2.40 Notice of abandonment 41
2.41 Abandonment 41
2.42 Report from trial judge 41
2.43 Original depositions, exhibits etc. 42
2.44 Witnesses before Court of Appeal—section 318 42
2.45 Examination other than by court under section 318(2) 43
2.46 Special commissioners—section 320 45
2.47 Entitlement to hearing when restitution order or compensation order made 46
2.48 Property subject to restitution order or compensation order 46
2.49 Security may be ordered 46
2.50 Property subject to order for forfeiture or destruction 47
2.51 Custody of property of convicted person 47
2.52 Transfer of prisoners 47
2.53 Duties of prison officers 48
2.54 Obligation of prison officers—section 283 appeals 49
Part 9—Other applications to Court of Appeal 50
2.55 Application of Part 50
2.56 Application by summons 50
2.57 Service 50
2.58 Directions hearing 50
2.59 Court of Appeal may set aside or give directions 51
Order 3—Interlocutory appeals under the Criminal Procedure Act 2009 52
3.01 Application of Order 52
3.02 Definitions 52
3.03 Commencement of interlocutory appeal—section 295 52
3.04 Commencement of application for review of refusal to certify—section 296 52
3.05 Appellant to file affidavit 53
3.06 Application for leave may be treated as appeal or review 54
Order 3A—Appeals on a question of law 55
Part 1—General 55
3A.01 Application of Order and definitions 55
3A.02 Commencement of appeal on a question of law 56
3A.03 Notice of appeal 56
3A.04 Appellant to file affidavit 57
3A.05 Directions 58
3A.07 Stay 59
3A.08 Delay and expedition 60
3A.09 Report 60
Part 2—Authority of Associate Judge under this Order 61
3A.10 Authority of Associate Judge to hear applications or matters 61
3A.11 Reference by Judge of the Court to Associate Judge 61
3A.12 Appeal to a Judge of the Court from Associate Judge 62
3A.13 Appeal from Associate Judge to the Court of Appeal 62
Part 3—Authority of judicial registrar under this Order 63
3A.14 Authority of judicial registrar to hear applications or matters 63
3A.15 Reference of application or matter to judicial registrar 63
3A.16 Reference of appeal to judicial registrar 64
3A.17 Appeal from determination by judicial registrar 65
3A.18 Judicial registrar may act for another 66
Order 3B—Appeals under the Children, Youth and Families Act 2005 other than appeals on a question of law 67
3B.01 Application of Order 67
3B.02 Notice of appeal and undertaking to proceed with appeal 67
3B.03 Legal practitioner to notify that practitioner acts 67
3B.04 Prothonotary to fix hearing 68
3B.05 Recording of decision on appeal under section 424 68
3B.06 Appeal by DPP against sentence 69
3B.07 Appeal by DPP under section 429A—failure to fulfil undertaking 70
3B.08 Abandonment of appeal 70
3B.09 Order striking out appeal 70
3B.10 Application to set aside order striking out appeal for failure to appear 70
3B.11 Original depositions, exhibits etc. 71
3B.12 Prothonotary to notify determination 71
3B.13 Certificate of conviction 72
3B.14 Fine and imprisonment in default—fine paid to be retained pending appeal 72
3B.15 Entitlement to hearing when restitution order or compensation order made 73
3B.16 Property subject to restitution order or compensation order 73
Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 74
3C.01 Application of Order 3C 74
3C.02 Appeal by child against finding of unfitness to be tried 74
3C.03 Appeal by child against finding of not guilty because of mental impairment 74
3C.04 Appeal by DPP against order for unconditional release 74
3C.05 Appeal by child against supervision order 75
3C.06 Appeal by DPP, Attorney-General or Secretary to the Department of Health and Human Services against supervision order 75
3C.07 Affidavit in support 75
3C.08 Children's Court recording officer to give Court documents when required 76
Order 3D—Appeals under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 77
3D.01 Application of this Order 77
3D.02 Definitions 77
3D.03 Notice of appeal by offender 77
3D.04 Appeals by DPP against sentence or failure to fulfil undertaking 78
3D.05 Fixing of date for hearing of appeal 78
3D.06 Abandonment of appeal 79
3D.07 Written notice of abandonment of appeal—conviction only 79
3D.08 Application to set aside an order striking out appeal for failure to appear 79
3D.09 Recording and notification of result of appeal 79
3D.10 Legal practitioner to notify that practitioner acts 80
Order 4—Criminal Procedure rules 81
Part 1—Pre-trial criminal procedure 81
4.01 Definitions 81
4.03 Notice to accompany copy indictment—no legal practitioner representing accused 81
4.04 Notice by legal practitioner to DPP and Judicial Registrar-Criminal Division 81
4.05 Notice by legal practitioner to Prothonotary 82
4.06 Unrepresented accused 83
4.07 Case conference 83
Part 2—Notices under the Act and general matters 85
4.09 Commonwealth DPP 85
4.10 DPP to specify sections in notice given under the Act 85
4.11 Notice of alibi 85
4.12 Recording of time and date of arraignment 86
4.13 Notice of intention to plead guilty to remaining charges in indictment 86
4.14 Summons or warrant when direct indictment filed 86
Part 3—Authority of judicial registrars under this Order 86
4.15 Authority of judicial registrar at directions hearings 86
4.15.1 Pre-trial taking of evidence and cross-examination 87
4.16 Limitations on authority of judicial registrar 87
4.17 Further authority of judicial registrars 88
4.18 Judicial registrar may constitute Trial Division of Court 89
4.19 Appeal from determination by a judicial registrar under this Order 89
4.20 Judicial registrar may act for another 90
Order 5—Payment of fines rules 91
Part 1—Payment of fines—Sentencing Act 1991 91
5.01 Definitions 91
5.02 Proper officer 91
5.03 Application 91
5.04 Application operates as stay 91
5.05 Consideration of application 92
5.06 Service of copy order 92
5.07 Enforcement of fines against a natural person 92
5.08 Enforcement of fine against body corporate 92
Part 2—Applications under the Sheriff Act 2009 93
5.09 Application for reinstatement of certain money warrants 93
5.10 Filing and service of summons 93
Order 6—Confiscation of property and proceeds of crime 94
Part 1—Preliminary matters 94
6.01 Definitions 94
6.02 Application of this Order 94
6.03 Notice by legal practitioner 94
Part 2—Applications under the Confiscation Act 1997 95
6.04 Making of application to the Court 95
6.05 Notice and service generally 95
6.06 Applications for restraining orders 95
6.07 Applications for monitoring orders 96
6.08 Application without notice under the Act 96
6.09 Form of certain applications and notices of application 96
6.10 Filing and directions 97
6.11 Notice by person contesting an application 98
6.12 Evidence 98
6.13 Notice of order or declaration 99
6.14 Notice of discharge 100
6.15 Interstate order 101
6.16 Examination under section 98(2) of the Act 101
Part 3—Applications under the Commonwealth Act 101
6.17 Making of application to the Court under the Commonwealth Act 101
6.18 Notice and service under the Commonwealth Act 101
6.19 Applications for restraining orders and other applications under the Commonwealth Act 102
6.20 Applications for monitoring orders under the Commonwealth Act 102
6.21 Filing and directions 102
6.22 Notice by person contesting an application under the Commonwealth Act 103
6.23 Evidence 103
6.24 Notice of order or declaration under Commonwealth Act 104
Part 4—Authority of Associate Judges and judicial registrars under this Order 104
6.25 Authority of Associate Judge to hear applications or matters—directions hearings 104
6.26 Authority of judicial registrar to hear applications or matters—directions hearings 104
6.27 Reference by Judge of the Court to Associate Judge or judicial registrar 105
6.28 Reference by Associate Judge to judicial registrar 106
6.29 Appeal from determination by judicial registrar 107
Order 7—Surveillance devices rules 108
7.01 Definition 108
7.02 Application of Order 108
7.03 Forms of application 108
7.04 Filing and service of documents 108
7.05 Form of surveillance device warrants 108
7.06 Form of retrieval warrant 108
7.07 Assistance orders 109
7.08 Reports under section 30K 109
Order 9—Witness protection rules 111
9.01 Definition 111
9.02 Application of Order 111
9.03 Application 111
9.04 Filing and service of documents 111
Order 10—Applications for the use of audio visual links and audio links 112
10.01 Definition 112
10.02 Application under section 42E of the Act 112
10.03 Application under section 42L of the Act 112
10.04 Application under section 42M of the Act 112
10.05 Application under section 42N of the Act 113
10.06 Application under section 42P of the Act 113
Order 11—Terrorism (Community Protection) rules 114
11.01 Definition 114
11.02 Application of Order 114
11.03 Form of application to Court 114
11.04 Filing of documents 114
11.05 Form of warrant 114
Order 12—Serious Offenders rules 115
12.01 Definitions 115
12.02 Application of Order 115
12.03 Application for supervision order and renewal of supervision order 115
12.04 Supervision order 115
12.05 Notice of application for declaration that a condition is a restrictive condition 116
12.06 Notice of application to extend intensive treatment and supervision condition 116
12.07 Notice of application for interim supervision order and extension of interim supervision order 116
12.08 Interim supervision order and order extending interim supervision order 116
12.09 Notice of application for detention order and renewal of detention order 116
12.10 Detention order 117
12.11 Notice of application for interim detention order and extension of interim detention order 117
12.12 Interim detention order and order extending interim detention order 117
12.13 Notice of application for emergency detention order 117
12.14 Emergency detention order 117
12.15 Warrant to detain 117
12.16 Notice of application for review of orders 118
12.17 Application for leave to review supervision order 118
12.18 Application for leave to review detention order 118
12.19 Notice of application for detention order and interim detention order during review of supervision order 118
12.20 Notice of application for review of conditions of supervision order or interim supervision order 118
12.21 Notice of application for review of intensive treatment and supervision condition 119
12.22 Notice of appeal 119
12.23 Order for a person to attend for examination 119
12.24 Notice of intention to dispute report 119
12.25 Filing of documents 120
Order 12A—Sex Offenders Registration rules 121
12A.01 Definition 121
12A.02 Forms of application for exemption from reporting requirements 121
12A.03 Forms of application by Chief Commissioner of Police 121
12A.04 Filing of documents 122
Order 13—Major Crime (Investigative Powers) rules 123
13.01 Definition 123
13.02 Application of Order 123
13.03 Applications made under this Order 123
13.04 Form of application for coercive powers order or extension or variation of order 123
13.05 Form of order 123
13.05.1 Application for revocation of coercive powers order 123
13.05.2 Application objecting to disclosure or production of protected information at revocation hearing 124
13.06 Form of application for witness summons 124
13.07 Form of application for order to bring person in custody before Chief Examiner 124
13.08 Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act 124
13.09 Application to determine legal professional privilege 124
13.10 Filing of documents 124
Order 14—Assumed identity rules 125
14.01 Definition 125
14.02 Application of Order 125
14.03 Applications made under this Order 125
14.04 Forms of application under the Act 125
14.05 Filing of documents 125
14.06 Forms of order 126
Order 15—Identity crime rules 127
15.01 Identity crime certificate 127
15.02 Notice to prosecutor to assist 127
Order 16—Procedure under the Open Courts Act 2013 128
16.01 Definitions 128
16.02 Notice of application for suppression order 128
Form 6–1A—Subpoena to attend to give evidence 129
Form 6–1B—Subpoena to produce 132
Form 6–1C—Subpoena both to attend to give evidence and to produce 137
Form 6–1BA—Subpoena to give evidence (New Zealand) 143
Form 6–1BB—Subpoena to produce documents (New Zealand) 149
Form 6–1BC—Subpoena to give evidence and produce documents (New Zealand) 157
Form 6–1D—General application 166
Form 6–2A—Notice of application for leave to appeal against conviction 167
Form 6–2B—Notice of application for leave to appeal against sentence 170
Form 6–2C—Notice of application for leave to appeal under section 283 of Criminal Procedure Act 2009 173
Form 6–2D—Notification to applicant of single Judge's decision 175
Form 6–2DA—Notification to appellant of single Judge's decision to grant leave to appeal or refer application to at least two Judges of Appeal 176
Form 6–2DB—Notification to appellant of single Judge's decision to grant leave to appeal on some grounds and refuse leave on other grounds or to refuse leave to appeal 178
Form 6‑2DC—Notification to appellant of Court of Appeal decision on renewed application 180
Form 6–2E—Application under section 304 of Criminal Procedure Act 2009 182
Form 6–2F—Notice of application for leave to appeal against finding of unfitness to stand trial 183
Form 6–2G—Notice of application for leave to appeal against mental impairment verdict 186
Form 6–2H—Application for extension to time to file/serve notice of appeal or notice of application for leave to appeal 189
Form 6–2I—Notification to applicant of Registrar's decision under section 313 of Criminal Procedure Act 2009 191
Form 6–2J—Election to have extension of time determined by Court of Appeal 192
Form 6–2K—Election to have application under section 315 or 326H of Criminal Procedure Act 2009 determined by Court of Appeal 193
Form 6–2L—Recognizance of appellant sentenced to pay fine and surety 194
Form 6–2M—Notification of result of appeal or application 196
Form 6–2N—Notice of abandonment 197
Form 6–2O—Appellant's application for examination of further witnesses 198
Form 6–2P—Notice to witness to attend before examiner 199
Form 6–2Q—Notice to prisoner who wishes to appeal 200
Form 6–2R—Information for persons on whom sentence of imprisonment has been imposed by County Court on appeal from Magistrates' Court 201
Form 6–3A—Notice of application for leave to appeal against interlocutory decision 202
Form 6–3B—Notice of application for review of refusal to certify under section 295(3) of Criminal Procedure Act 2009 204
Form 6–3BA—Notice of appeal and undertaking to proceed 205
Form 6–3BB—Notice of Supreme Court's decision on appeal 207
Form 6–3BC—Notice of appeal by DPP against sentence imposed by Children's Court 208
Form 6–3BD—Notice of appeal by DPP under section 429A of Children, Youth and Families Act 2005 209
Form 6–3BE—Notice of abandonment of appeal under section 430C of Children, Youth and Families Act 2005 211
Form 6–3BF—Written notice of abandonment of appeal— conviction only 212
Form 6–3BG—Order striking out appeal 213
Form 6–3BH—Application to set aside order striking our appeal for failure to appear 214
Form 6–3BI—Notification of result of appeal 215
Form 6–3CA—Notice of appeal by child against finding of unfitness to be tried 216
Form 6–3CB—Notice of appeal by child against finding of not guilty because of mental impairment 218
Form 6–3CC—Notice of appeal by DPP against order for unconditional release 220
Form 6–3CD—Notice of appeal by child against supervision order 222
Form 6–3CE—Notice of appeal by DPP/Attorney-General/Secretary to Department of Health and Human Services against supervision order 224
Form 6–3DA—Notice of appeal 226
Form 6–3DB—Notice under section 255(6) of Criminal Procedure Act 2009 for proposed appellant 230
Form 6–3DC—Notice of appeal under section 257 of Criminal Procedure Act 2009 231
Form 6–3DD—Notice of appeal under section 260 of Criminal Procedure Act 2009 233
Form 6–3DE—Notice of abandonment of appeal 235
Form 6–3DF—Written notice of abandonment of appeal— conviction only 237
Form 6–3DG—Application to set aside order striking out appeal for failure to appear 239
Form 6–3DH—Result of appeal form 241
Form 6–4A—Notice to accused under section 171 of Criminal Procedure Act 2009 242
Form 6–4B—Notice that legal practitioner acts 243
Form 6–4C—Notice that legal practitioner has ceased to act 244
Form 6–4E—Notice of alibi 246
Form 6–4F—Notice of intention to plead guilty to one or more remaining charges in indictment 247
Form 6–4G—Summons 248
Form 6–4H—Warrant to arrest 249
Form 6–5A—Application for instalment order and other orders 251
Form 6–5B—Notice about procedure for enforcement of fines 253
Form 6–5E—Summons for failure to pay fine 255
Form 6–5F—Notice about procedure for enforcement of fine (bodies corporate) 257
Form 6–5G—Summons—Application under section 28 of Sheriff Act 2009 258
Form 6–6A—Application for restraining order 259
Form 6–6AB—Application for civil forfeiture restraining order 262
Form 6–6AC—Application for unexplained wealth restraining order 264
Form 6–6B—Notice of application 267
Form 6–6C—Application for exclusion order 269
Form 6–6D—Application for further orders 272
Form 6–6E—Application for forfeiture order 274
Form 6–6F—Application for civil forfeiture order 276
Form 6–6FA—Application for section 40B exclusion order or section 40ZD exclusion order 278
Form 6–6FAA—Application under section 40ZAA for unexplained wealth order 280
Form 6–6G—Application for relief from undue hardship 282
Form 6–6GA—Application for relief from automatic forfeiture of property of serious drug offender 285
Form 6–6H—Application under Part 6 of Confiscation Act 1997 for exclusion order 287
Form 6–6J—Application for pecuniary penalty order 289
Form 6–6L—Application under specified section of Confiscation Act 1997 292
Form 6–6LA—Notice of contest of application 294
Form 6–6M—Notice of restraining order 295
Form 6–6N—Notice of discharge of forfeiture 297
Form 6–6O—Application for monitoring order 299
Form 6–6P—Application under Proceeds of Crime Act 2002 of the Commonwealth for restraining order 301
Form 6–6Q—Application under Proceeds of Crime Act 2002 of the Commonwealth for unexplained wealth restraining order 304
Form 6–6R—Application under Proceeds of Crime Act 2002 of the Commonwealth for monitoring order 306
Form 6–6S—Notice of contest of application 308
Form 6–7A—Application for warrant 309
Form 6–7B—Application for retrieval warrant 311
Form 6–7C—Application for assistance order 313
Form 6–7D—Surveillance device warrant 315
Form 6–7E—Retrieval warrant 318
Form 6–7F—Assistance order 321
Form 6–7G—Endorsement of assistance order 322
Form 6–9A—Application 323
Form 6–10A—Notice of application under section 42L of Evidence (Miscellaneous Provisions) Act 1958 324
Form 6–10B—Notice of application for audio visual link appearance 325
Form 6–11A—Application for covert search warrant 327
Form 6–11B—Covert search warrant 328
Form 6–12A—Notice of application for supervision order 330
Form 6–12B—Notice of application for renewal of supervision order 333
Form 6–12C—Supervision order 336
Form 6–12D—Notice of application for declaration that condition is a restrictive condition 339
Form 6–12E—Notice of application to extend intensive treatment and supervision condition 341
Form 6–12F—Notice of application for interim supervision order 343
Form 6–12G—Notice of application for extension of interim supervision order 346
Form 6–12H—Interim supervision order 349
Form 6–12I—Order extending interim supervision order 352
Form 6–12J—Notice of application for detention order 353
Form 6–12K—Notice of application for renewal of detention order 355
Form 6–12L—Detention order 357
Form 6–12M—Detention order (renewed) 359
Form 6–12N—Notice of application for interim detention order 361
Form 6–12O—Notice of application for extension of interim detention order 364
Form 6–12P—Interim detention order 367
Form 6–12Q—Order extending interim detention order 368
Form 6–12R—Notice of application for emergency detention order 369
Form 6–12S—Emergency detention order 371
Form 6–12T—Warrant to detain 372
Form 6–12U—Notice of application by Secretary for review of supervision order 374
Form 6–12V—Notice of application by DPP for review of detention order 375
Form 6–12W—Notice of application for leave to apply for review of supervision order 376
Form 6–12X—Notice of application under sections 102(1) and 112 of the Serious Offenders Act 2018 for review of supervision order on ground of statutory amendments to core conditions 377
Form 6–12Y—Notice of application for leave to apply for review of detention order 379
Form 6–12Z—Notice of application for leave to apply for review of conditions of supervision order or interim supervision order 380
Form 6–12ZA—Notice of application by Secretary for review of intensive treatment and supervision condition 382
Form 6–12ZB—Notice of appeal by offender 383
Form 6–12ZC—Notice of appeal by Secretary to Department of Justice and Regulation 386
Form 6–12ZD—Notice of appeal by DPP 389
Form 6–12ZE—Notice of appeal relating to publication of information 391
Form 6–12ZF—Order to attend for examination 392
Form 6–12ZG—Notice of intention to dispute reports to Court 393
Form 6–12AA—Application for suspension of registrable offender's reporting obligations 394
Form 6–12AB—Application for new order suspending registrable offender's reporting obligations 395
Form 6–12AC—Application by Chief Commissioner of Police for suspension of registrable offender's reporting obligations 396
Form 6–12AD—Application by Chief Commissioner of Police for revocation of order suspending registrable offender's reporting obligations 397
Form 6–12AE—Application by Chief Commissioner of Police for new order suspending registrable offender's reporting obligations 398
Form 6–13A—Application for coercive powers order 400
Form 6–13B—Coercive powers order 402
Form 6–13BA—Application for revocation of coercive powers order 404
Form 6–13BB—Application objecting to disclosure or production of protected information at revocation hearing for of coercive powers order 405
Form 6–13C—Application for issue of witness summons 407
Form 6–13D—Application for order under section 18(2) of Major Crime (Investigative Powers) Act 2004 409
Form 6–13E—Application for extension of period of notice—confidential document 410
Form 6–13F—Application to determine legal professional privilege 411
Form 6–14A—Application under section 10 of Crimes (Assumed Identities) Act 2004 412
Form 6–14B—Application under section 12 of Crimes (Assumed Identities) Act 2004 413
Form 6–14C—Order under section 10 of Crimes (Assumed Identities) Act 2004 414
Form 6–14D—Order under section 12 of Crimes (Assumed Identities) Act 2004 415
Form 6–15A—Identity crime certificate 416
Form 6–15B—Notice to appear under section 89H of Sentencing Act 1991 417
Form 6–16A—Notice of application for suppression order 418
Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.
Version No. 015
Supreme Court (Criminal Procedure) Rules 2017
S.R. No. 126/2017
Version incorporating amendments as at
28 December 2025
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary 1
1.01 Title and object 1
1.02 Authorising provisions 1
1.03 Commencement and revocation 2
1.04 Application of Rules 2
1.05 Definitions 2
1.06 Registrar of Criminal Appeals 3
1.06.1 Associate Judge acting for Registrar 4
1.07 Calculating time 4
1.08 Extension and abridgement 5
1.09 Process in vacation 5
1.10 Content and form of documents 5
1.11 Filing of documents 5
1.12 Subpoenas 6
1.12.1 Subpoenas—Trans-Tasman Proceedings Act 2010 8
1.12.2 Procedure under the Vexatious Proceedings Act 2014 8
1.13 Authentication 9
1.14 Amendment of judgment or order 9
1.15 Effect of non-compliance and dispensing with compliance 9
1.16 Exercise of jurisdiction by Judge of the Court or Court of Appeal 10
1.17 Notices to be signed 10
1.18 General applications 11
Order 1A—Electronic filing in RedCrest 12
1A.01 Application of this Order 12
1A.02 Definitions 13
1A.03 How and when a document is filed 14
1A.04 Powers of Registrar, Judicial Registrar-Criminal Division and Prothonotary 16
1A.04.1 Powers of Prothonotary in relation to usernames and passwords 17
1A.05 Confidentiality and privacy 18
Order 2—Criminal appeals 19
Part 1—Preliminary 19
2.01 Definitions 19
2.02 Single judge 20
2.03 Jurisdiction and powers exercisable by two Judges of Appeal 20
2.04 Legal practitioners 21
Part 2—Commencement of appeals under Divisions 1 and 2 of Part 6.3 and Part 6.4 of Chapter 6 of the Criminal Procedure Act 2009 22
2.05 Application for leave to appeal against conviction or sentence 22
2.06 Application may be determined by single Judge of Appeal 23
Who is affected
Why it matters (practical effects and mechanisms)
Predictability and standardisation: the Rules standardise how criminal matters are commenced, prosecuted and appealed in the Supreme Court; parties must follow the forms and timeframes or risk dismissal or other consequences (e.g. Rules 2.05, 2.08, 3.03, 3A.05).
Reallocation of decision‑making: many administrative or preliminary decisions may be made by registrars, the Prothonotary or Associate Judges rather than a full Judge (see Rules 1.06, 3A.14–3A.17, 4.15–4.20, 6.25–6.29). Mechanically this speeds case management and reduces the need for oral hearings, but it also shifts who decides procedural questions and creates new appeal paths (often by de novo rehearing to a Judge — see Rules 3A.17 and 4.19).
Digital filing and gatekeeping: RedCrest (Order 1A) treats an electronic submission as filed once sealed, but registry officers can refuse/reject submissions and manage usernames/passwords (Rules 1A.03–1A.04.1). Mechanically, this moves physical workload to IT and registry processes while creating new access controls and potential chokepoints (see Rule 1A.04(1)–(4)).
Authorised secrecy and confidentiality mechanisms: the Court can require redaction or restrict inspection of materials filed electronically, permit closed hearings for certain statutory regimes (surveillance/terrorism/assumed identity/serious offenders), and provide non‑public filing for sensitive affidavits (Rules 7.04, 9.04, 11.04, 14.05, 12.25). The mechanism is court orders and sealed filing; the cost is reduced public visibility for some hearings.
Cross‑border evidence gathering: the Rules implement Trans‑Tasman subpoena formats and procedures (Forms 6–1BA/BB/BC; Rule 1.12.1), which mechanically allows service in New Zealand under NZ law and specifies conduct‑money and compliance protections for overseas witnesses.
Stated object and how the Rules pursue it
Trade‑offs, costs and incentives
Compliance burden: the Rules impose large administrative compliance costs on accused persons and small practices (many defined forms, strict time limits, requirement for written cases and affidavits) — the cost is borne by litigants and practitioners (see Order 2 Parts 2–8 and the numerous Form rules). That creates an incentive to use legal representation; unrepresented litigants face higher friction (mitigated partly by case conference and registrar outreach provisions, e.g. Rule 4.06 and 2.30).
Efficiency vs judicial review: delegation to judicial registrars and associate judges (Rules 3A.14–3A.17, 4.15–4.20, 6.25–6.29) tends to speed case progression and reduce backlog, but it increases procedural complexity (special appeal routes, de novo rehearing requirements) and shifts routine judicial workload to statutorily appointed officers. The decision‑cost shifts from full judges to registrars and the registry.
Digital access and gatekeeping: electronic filing reduces paper handling costs and can accelerate processing, but it places dependency on an IT system (RedCrest) and on registry discretion to refuse or delay sealing (Rule 1A.04). The Prothonotary's power to issue/cancel usernames (Rule 1A.04.1) concentrates control of access to the filing system in the registry.
Concentrated benefits and diffuse costs: administrative efficiency and standard forms provide concentrated benefits to institutional users (Court, DPP, registry staff) while the effort of complying with complex procedural rules and the cost of representation are distributed across many accused persons, small law practices and witnesses (mechanism: form filing, compliance time limits, signature/service rules — e.g. Rules 1.17, 1.11, Orders 2–4).
Implementation risks and operational issues
IT/operations: RedCrest dependence means outages, credentialing issues, or registry delays can affect filing dates and thereby time limits (Rule 1A.03(5)–(5)(a)–(e) addresses some sealing/date disputes but requires Court directions).
Discretionary gatekeeping: registry powers to refuse to seal, reject documents, or destroy copies of produced material (Rules 1A.04, 1.12(8)–(9)) create operational risks if processes or communications about rejections are inadequate (Rule 1A.04(3) requires electronic notice of rejection but still creates a remediation path through the Court).
Complexity for self‑represented litigants: the volume of forms and cross‑referenced statutory time limits creates a high risk of procedural default and dismissal unless the Registrar waives compliance in the interests of justice (Rule 1.15(4)).
Concrete who/what changes
2.07 Procedure for determination of application by single Judge of Appeal 23
2.08 Procedure for renewal of application 24
2.09 Powers of determination 26
2.10 Application may be treated as appeal 26
2.11 No notice of appeal when leave is granted 26
2.12 Unrepresented appellant 26
2.13 Registrar may vacate hearing date or refer for dismissal 26
Part 3—Appeals under Division 3 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 27
2.15 Crown appeals 27
Part 4—Applications under Division 5 of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 28
2.16 Refusal to reserve question of law—application to show cause 28
2.17 Applicant to file affidavit 29
Part 5—Appeals under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 29
2.17.1 Application of this Part 29
2.18 Commencement of appeal against finding that accused is unfit to stand trial 29
2.19 Commencement of appeal against verdict of not guilty because of mental impairment 30
2.20 Application may be treated as appeal 30
2.21 No notice of appeal when leave is granted 30
Part 6—Applications under Division 7 of Part 6.3 and Part 6.4 of Chapter 6 of the Criminal Procedure Act 2009 31
2.22 Application for extension of time 31
2.23 Extension of time before Registrar 31
2.24 Extension of time—application under section 313(2) 32
2.25 Application under section 315 or 326H—refusal of Judge of Appeal to exercise powers 32
Part 7—Reference to Court of Appeal on petition of mercy 33
2.26 Reference on petition of mercy 33
Part 8—Procedures 34
2.27 Time 34
2.28 Fine and imprisonment in default—fine paid to be retained pending appeal 34
2.29 Procedure for appeal where fine and imprisonment in default 35
2.30 Pre-hearing conference 36
2.31 Transcript of trial 36
2.32 Preservation of exhibits 37
2.33 Copies of transcript, exhibits etc. 37
2.34 Return of exhibits after hearing 38
2.35 Certificate of conviction 38
2.36 Attendance of appellant 39
2.37 Bringing appellant in custody before the Court 39
2.38 Bail 40
2.39 Registrar to notify determination 40
2.40 Notice of abandonment 41
2.41 Abandonment 41
2.42 Report from trial judge 41
2.43 Original depositions, exhibits etc. 42
2.44 Witnesses before Court of Appeal—section 318 42
2.45 Examination other than by court under section 318(2) 43
2.46 Special commissioners—section 320 45
2.47 Entitlement to hearing when restitution order or compensation order made 46
2.48 Property subject to restitution order or compensation order 46
2.49 Security may be ordered 46
2.50 Property subject to order for forfeiture or destruction 47
2.51 Custody of property of convicted person 47
2.52 Transfer of prisoners 47
2.53 Duties of prison officers 48
2.54 Obligation of prison officers—section 283 appeals 49
Part 9—Other applications to Court of Appeal 50
2.55 Application of Part 50
2.56 Application by summons 50
2.57 Service 50
2.58 Directions hearing 50
2.59 Court of Appeal may set aside or give directions 51
Order 3—Interlocutory appeals under the Criminal Procedure Act 2009 52
3.01 Application of Order 52
3.02 Definitions 52
3.03 Commencement of interlocutory appeal—section 295 52
3.04 Commencement of application for review of refusal to certify—section 296 52
3.05 Appellant to file affidavit 53
3.06 Application for leave may be treated as appeal or review 54
Order 3A—Appeals on a question of law 55
Part 1—General 55
3A.01 Application of Order and definitions 55
3A.02 Commencement of appeal on a question of law 56
3A.03 Notice of appeal 56
3A.04 Appellant to file affidavit 57
3A.05 Directions 58
3A.07 Stay 59
3A.08 Delay and expedition 60
3A.09 Report 60
Part 2—Authority of Associate Judge under this Order 61
3A.10 Authority of Associate Judge to hear applications or matters 61
3A.11 Reference by Judge of the Court to Associate Judge 61
3A.12 Appeal to a Judge of the Court from Associate Judge 62
3A.13 Appeal from Associate Judge to the Court of Appeal 62
Part 3—Authority of judicial registrar under this Order 63
3A.14 Authority of judicial registrar to hear applications or matters 63
3A.15 Reference of application or matter to judicial registrar 63
3A.16 Reference of appeal to judicial registrar 64
3A.17 Appeal from determination by judicial registrar 65
3A.18 Judicial registrar may act for another 66
Order 3B—Appeals under the Children, Youth and Families Act 2005 other than appeals on a question of law 67
3B.01 Application of Order 67
3B.02 Notice of appeal and undertaking to proceed with appeal 67
3B.03 Legal practitioner to notify that practitioner acts 67
3B.04 Prothonotary to fix hearing 68
3B.05 Recording of decision on appeal under section 424 68
3B.06 Appeal by DPP against sentence 69
3B.07 Appeal by DPP under section 429A—failure to fulfil undertaking 70
3B.08 Abandonment of appeal 70
3B.09 Order striking out appeal 70
3B.10 Application to set aside order striking out appeal for failure to appear 70
3B.11 Original depositions, exhibits etc. 71
3B.12 Prothonotary to notify determination 71
3B.13 Certificate of conviction 72
3B.14 Fine and imprisonment in default—fine paid to be retained pending appeal 72
3B.15 Entitlement to hearing when restitution order or compensation order made 73
3B.16 Property subject to restitution order or compensation order 73
Order 3C—Appeals from Children's Court under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 74
3C.01 Application of Order 3C 74
3C.02 Appeal by child against finding of unfitness to be tried 74
3C.03 Appeal by child against finding of not guilty because of mental impairment 74
3C.04 Appeal by DPP against order for unconditional release 74
3C.05 Appeal by child against supervision order 75
3C.06 Appeal by DPP, Attorney-General or Secretary to the Department of Health and Human Services against supervision order 75
3C.07 Affidavit in support 75
3C.08 Children's Court recording officer to give Court documents when required 76
Order 3D—Appeals under Part 6.1 of Chapter 6 of the Criminal Procedure Act 2009 77
3D.01 Application of this Order 77
3D.02 Definitions 77
3D.03 Notice of appeal by offender 77
3D.04 Appeals by DPP against sentence or failure to fulfil undertaking 78
3D.05 Fixing of date for hearing of appeal 78
3D.06 Abandonment of appeal 79
3D.07 Written notice of abandonment of appeal—conviction only 79
3D.08 Application to set aside an order striking out appeal for failure to appear 79
3D.09 Recording and notification of result of appeal 79
3D.10 Legal practitioner to notify that practitioner acts 80
Order 4—Criminal Procedure rules 81
Part 1—Pre-trial criminal procedure 81
4.01 Definitions 81
4.03 Notice to accompany copy indictment—no legal practitioner representing accused 81
4.04 Notice by legal practitioner to DPP and Judicial Registrar-Criminal Division 81
4.05 Notice by legal practitioner to Prothonotary 82
4.06 Unrepresented accused 83
4.07 Case conference 83
Part 2—Notices under the Act and general matters 85
4.09 Commonwealth DPP 85
4.10 DPP to specify sections in notice given under the Act 85
4.11 Notice of alibi 85
4.12 Recording of time and date of arraignment 86
4.13 Notice of intention to plead guilty to remaining charges in indictment 86
4.14 Summons or warrant when direct indictment filed 86
Part 3—Authority of judicial registrars under this Order 86
4.15 Authority of judicial registrar at directions hearings 86
4.15.1 Pre-trial taking of evidence and cross-examination 87
4.16 Limitations on authority of judicial registrar 87
4.17 Further authority of judicial registrars 88
4.18 Judicial registrar may constitute Trial Division of Court 89
4.19 Appeal from determination by a judicial registrar under this Order 89
4.20 Judicial registrar may act for another 90
Order 5—Payment of fines rules 91
Part 1—Payment of fines—Sentencing Act 1991 91
5.01 Definitions 91
5.02 Proper officer 91
5.03 Application 91
5.04 Application operates as stay 91
5.05 Consideration of application 92
5.06 Service of copy order 92
5.07 Enforcement of fines against a natural person 92
5.08 Enforcement of fine against body corporate 92
Part 2—Applications under the Sheriff Act 2009 93
5.09 Application for reinstatement of certain money warrants 93
5.10 Filing and service of summons 93
Order 6—Confiscation of property and proceeds of crime 94
Part 1—Preliminary matters 94
6.01 Definitions 94
6.02 Application of this Order 94
6.03 Notice by legal practitioner 94
Part 2—Applications under the Confiscation Act 1997 95
6.04 Making of application to the Court 95
6.05 Notice and service generally 95
6.06 Applications for restraining orders 95
6.07 Applications for monitoring orders 96
6.08 Application without notice under the Act 96
6.09 Form of certain applications and notices of application 96
6.10 Filing and directions 97
6.11 Notice by person contesting an application 98
6.12 Evidence 98
6.13 Notice of order or declaration 99
6.14 Notice of discharge 100
6.15 Interstate order 101
6.16 Examination under section 98(2) of the Act 101
Part 3—Applications under the Commonwealth Act 101
6.17 Making of application to the Court under the Commonwealth Act 101
6.18 Notice and service under the Commonwealth Act 101
6.19 Applications for restraining orders and other applications under the Commonwealth Act 102
6.20 Applications for monitoring orders under the Commonwealth Act 102
6.21 Filing and directions 102
6.22 Notice by person contesting an application under the Commonwealth Act 103
6.23 Evidence 103
6.24 Notice of order or declaration under Commonwealth Act 104
Part 4—Authority of Associate Judges and judicial registrars under this Order 104
6.25 Authority of Associate Judge to hear applications or matters—directions hearings 104
6.26 Authority of judicial registrar to hear applications or matters—directions hearings 104
6.27 Reference by Judge of the Court to Associate Judge or judicial registrar 105
6.28 Reference by Associate Judge to judicial registrar 106
6.29 Appeal from determination by judicial registrar 107
Order 7—Surveillance devices rules 108
7.01 Definition 108
7.02 Application of Order 108
7.03 Forms of application 108
7.04 Filing and service of documents 108
7.05 Form of surveillance device warrants 108
7.06 Form of retrieval warrant 108
7.07 Assistance orders 109
7.08 Reports under section 30K 109
Order 9—Witness protection rules 111
9.01 Definition 111
9.02 Application of Order 111
9.03 Application 111
9.04 Filing and service of documents 111
Order 10—Applications for the use of audio visual links and audio links 112
10.01 Definition 112
10.02 Application under section 42E of the Act 112
10.03 Application under section 42L of the Act 112
10.04 Application under section 42M of the Act 112
10.05 Application under section 42N of the Act 113
10.06 Application under section 42P of the Act 113
Order 11—Terrorism (Community Protection) rules 114
11.01 Definition 114
11.02 Application of Order 114
11.03 Form of application to Court 114
11.04 Filing of documents 114
11.05 Form of warrant 114
Order 12—Serious Offenders rules 115
12.01 Definitions 115
12.02 Application of Order 115
12.03 Application for supervision order and renewal of supervision order 115
12.04 Supervision order 115
12.05 Notice of application for declaration that a condition is a restrictive condition 116
12.06 Notice of application to extend intensive treatment and supervision condition 116
12.07 Notice of application for interim supervision order and extension of interim supervision order 116
12.08 Interim supervision order and order extending interim supervision order 116
12.09 Notice of application for detention order and renewal of detention order 116
12.10 Detention order 117
12.11 Notice of application for interim detention order and extension of interim detention order 117
12.12 Interim detention order and order extending interim detention order 117
12.13 Notice of application for emergency detention order 117
12.14 Emergency detention order 117
12.15 Warrant to detain 117
12.16 Notice of application for review of orders 118
12.17 Application for leave to review supervision order 118
12.18 Application for leave to review detention order 118
12.19 Notice of application for detention order and interim detention order during review of supervision order 118
12.20 Notice of application for review of conditions of supervision order or interim supervision order 118
12.21 Notice of application for review of intensive treatment and supervision condition 119
12.22 Notice of appeal 119
12.23 Order for a person to attend for examination 119
12.24 Notice of intention to dispute report 119
12.25 Filing of documents 120
Order 12A—Sex Offenders Registration rules 121
12A.01 Definition 121
12A.02 Forms of application for exemption from reporting requirements 121
12A.03 Forms of application by Chief Commissioner of Police 121
12A.04 Filing of documents 122
Order 13—Major Crime (Investigative Powers) rules 123
13.01 Definition 123
13.02 Application of Order 123
13.03 Applications made under this Order 123
13.04 Form of application for coercive powers order or extension or variation of order 123
13.05 Form of order 123
13.05.1 Application for revocation of coercive powers order 123
13.05.2 Application objecting to disclosure or production of protected information at revocation hearing 124
13.06 Form of application for witness summons 124
13.07 Form of application for order to bring person in custody before Chief Examiner 124
13.08 Application for extension of period to protect matters specified in section 20(8F)(a) to (d) of the Act 124
13.09 Application to determine legal professional privilege 124
13.10 Filing of documents 124
Order 14—Assumed identity rules 125
14.01 Definition 125
14.02 Application of Order 125
14.03 Applications made under this Order 125
14.04 Forms of application under the Act 125
14.05 Filing of documents 125
14.06 Forms of order 126
Order 15—Identity crime rules 127
15.01 Identity crime c
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