Detail

Statutory Instrument 116/2008 .. in force 15 December 2008

Replaced by Statutory Instrument 22/2015 .. in force 15 March 2015

ARRANGEMENT OF RULES

Preliminary

0.1	Citation and commencement
0.2	Interpretation

PART 1
OVERRIDING OBJECTIVE

1.1	Overriding objective
1.2	The duty of the parties
1.3	The application of the overriding objective by the Court

PART 2
PRACTICE DIRECTION

2.1	Issuance of practice direction
2.2	Publication and effective date of practice direction
2.3	Compliance with practice direction

PART 3
RULES OF GENERAL APPLICATION

3.1	When Court shall hear criminal matters
3.2	Opening hours of the office of the Criminal Division
3.3	Criminal Division records to be in electronic form
3.4	Verbatim records to be made
3.5	Courtroom events to be recorded
3.6	Copies of orders
3.7	Electronic filing
3.8	Application for adjournment
3.9	Summary cases – time goals
3.10	Persons remanded in custody – commencement date of trial
3.11	Trial of persons remanded in custody in default of bail
3.12	Trial of persons charged with murder or serious violent indictable offence
3.13	Power to extend time
3.14	Expedited hearing when virtual complainant, defendant or witness about to leave the jurisdiction
3.15	Jurisdiction starts with service of summons or arrest
3.16	Transmission of summons and arrest warrant to police
3.17	Transmission of summons and arrest warrant to the Director of Public Prosecutions

PART 4
COMPLAINT, SUMMONS AND ARREST WARRANT

4.1	Complaint preceding arrest warrant
4.2	Complaints made by police officer
4.3	One defendant for each complaint
4.4	Content of summons
4.5	Service of summons
4.6	Proof of service of summons
4.7	Application of rules 4.5 and 4.6 to witness statements
4.8	Report on unexecuted arrest warrant
4.9	Discharge of arrest warrant
4.10	Case inactivation

PART 5
BAIL

5.1	Bail set when arrest warrant issued
5.2	Review of bail conditions of persons remanded in custody
5.3	Application for bail
5.4	Application for review of a decision of a magistrate
5.5	Hearing of application for review of a decision

PART 6
INITIAL PROCEEDINGS IN CRIMINAL DIVISION

6.1	Stages in proceedings
6.2	Orientation session
6.3	Access to police investigation reports
6.4	Notice of acting
6.5	Initial hearing list
6.6	Initial hearing
6.7	Initial hearing in summary matters
6.8	Initial hearing in indictable matters
6.9	Explanation of rights
6.10	Accepting a guilty plea

PART 7
CASE MANAGEMENT - GENERAL MATTERS

7.1	Case management – General
7.2	The Court's case management powers
7.3	Case preparation and progression
7.4	Conduct of a trial

PART 8
SUMMARY CASE MOVEMENT - INITIAL HEARING TO TRIAL

8.1	Scheduling Order and case management conference
8.2	Monitoring and follow-up of Scheduling Orders and other cases
8.3	Omnibus conference – summary matters
8.4	Failure to prosecute

PART 9
HYBRID CASES

9.1

Procedure

PART 10
INDICTABLE CASE MOVEMENT - INITIAL HEARING TO TRIAL

10.1	Indictable case cause list
10.2	Transmission of documents to the Director of Public Prosecutions
10.3	Sufficiency hearing
10.4	Written statements at sufficiency hearing
10.5	Director of Public Prosecutions may prefer or decline to prefer indictment
10.6	Dismissal for delay
10.7	Signing of indictments
10.8	Filing of indictments
10.9	Service of copy of indictment

PART 11
ARRAIGNMENT

11.1	Arraignment and Scheduling Order
11.2	Explanation of rights and plea process at arraignment
11.3	Plea of guilty
11.4	Plea - sentence indication and reduction in sentence
11.5	Plea of not guilty

PART 12
CASE MANAGEMENT CONFERENCE