Criminal Procedure Rules (Statutory Instrument 22/2015)
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
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
| 12.1 | Case management conference |
| 12.2 | Disclosure by prosecution |
| 12.3 | Disclosure by defence |
| 12.4 | Protective order |
| 12.5 | Omnibus Conference - indictable offences |
PART 13
TRIAL ON INDICTMENT
| 13.1 | Jury administration |
| 13.2 | Trial to be by judge and jury |
| 13.3 | Conduct of a trial |
| 13.4 | Notice of right to appeal |
PART 14
GENERAL PROCEDURAL MATTERS
| 14.1 | Case management forms and records |
| 14.2 | Forms in Criminal Code |
PART 15
MISCELLANEOUS
| 15.1 | Pending matters |
| 15.2 | Practice directions |
| 15.3 | Repeal |
| Schedule | |
Commencement [15 March 2015]