Victorian Numbered Regulations Victorian Numbered RegulationsSch. 3
RULES 6.01(1) and 12.01
Court Ref.
To the Witness M. F. Co.
DETAILS OF THE CASE
Name of person charged ( Defendant )
Summary of the charges
Who filed the charges? ( Informant )
Agency and address
Phone No.
WHAT YOU HAVE TO DO
You must bring this summons with you and
o come to Court to give evidence in the proceeding:
o come to Court to give evidence and also produce at the hearing the following documents or things that are in your possession or control:
o produce at the hearing the following documents or things that are in your possession or control:
You may produce this summons and the documents or things referred to above to the registrar of the Magistrates' Court at [ venue ] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the date on which you are required to attend. If you are required to give evidence, you must attend at the hearing.
WHERE YOU MUST GO
The Magistrates' Court at [ venue ]
Address Phone
When Time Day Month Year
Details about this summons
Issued at Date / /
Issued by Registrar/Magistrate
Sch.
3
Summons filed by [ identify party ]
__________________
RULES 9.02 and 11.01
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|
Court Ref. |
|
Who was ordered to pay | | |
M |
F |
Co | |
|
Address | | |
Date of birth | |||
| | | |
ACN | |||
| | | |
Registration No. | |||
| | | |
Licence No. | |||
|
Amount ordered to be paid | |||||||
|
On |
(date) |
the Magistrates' Court at |
(venue) |
ordered | |||
| |
|
Statutory Costs |
Other Costs | ||||
|
Payment of |
$ |
$ |
$ | ||||
|
Since then payments made were: |
$ |
$ |
$ | ||||
|
This leaves a balance of |
$ |
$ |
$ | ||||
|
Now outstanding and payable is named may be seized and sold. |
$ or personal property of the person | ||||||
The amount was ordered to be paid because:
|
o |
the person named was found guilty of and fined. The charges were filed by | | |
|
(name/agency) | | ||
| | |||
|
o |
the person named had to pay witness costs. | ||
|
o |
the case was adjourned. | ||
|
o |
the case was dismissed. | ||
|
WARRANT | ||
|
To o all members of the police force o the Sheriff | ||
|
The person named was ordered to pay money to the Court and has failed to comply with the order. | ||
|
You are directed and authorised to: | ||
| |
1. |
Seize the personal property of the person named in this warrant. |
| |
2. |
Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid. |
| |
3. |
Pay all money recovered to the Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued. |
Issued at on
Sch. 3
Issued by
Registrar/Magistrate
__________________
Sch. 3
IMPORTANT: DO NOT IGNORE THIS DOCUMENT
If you do not understand it, you should immediately have it interpreted and explained to you. You may then get advice from:
A Registrar of the Magistrates' Court
Your local Solicitor
Victoria Legal Aid
( Insert address and telephone number )
(Information to the effect of this advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.)
__________________
Sch. 3
Court Ref.
On / / the Magistrates' Court at [venue]
made the following entries in the register:
Defendant
Informant, Plaintiff
or Complainant
|
Case No. |
Nature of Charge or Civil Proceeding |
Court Order |
|
Fees |
$ |
Magistrate |
Remarks
o Plea not guilty o Appeared o Blood Alcohol
o Plea guilty o Did not appear o Speed
o No plea o
Consented to summary
jurisdiction
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Legal Representative for defendant
Legal Representative for informant/plaintiff/complainant
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
I am a registrar of the Magistrates' Court at [ venue ]
and I certify that in
my opinion this information is a true extract from the register of the Court.
Date Signature
__________________
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Adjourn to Court Ref. Daily No.
To the Date of Hearing
Defendant M F Co. Date of Birth
Registration No. State
Licence No. State
You have been charged with an offence against the law.
Read both pages to see what you must do.
Details of the charge against you
What is the charge? [1]
(Description of offence)
|
|
Section or Clause | ||||
|
Under what law? |
o State |
o Act | | | |
| |
o C'wealth |
o Regulation | | | |
| | |
o Other–specify | | | |
|
Are there more charges? |
o No | |
o Yes—see 2 below | ||
|
Type of offence |
o Summary offence |
o Indictable offence | |||
What is the charge? [2]
(Description of offence)
|
|
Section or Clause | ||||
|
Under what law? |
o State |
o Act | | | |
| |
o C'wealth |
o Regulation | | | |
| | |
o Other–specify | | | |
|
Are there more charges? |
o No | |
o
Yes—see "Continuation of |
|
Type of offence |
o Summary offence |
o Indictable offence | |
Who filed charge(s)? Phone
(Informant)
Agency and Address
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Agency Ref.
Signature of Date
Informant
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Filed at Date
__________________
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Court Ref. Page No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Person charged
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
o (Description of offence)
|
Act or |
Section or Clause | ||
|
o State |
o Act | | |
|
o C'wealth |
o Regulation | | |
| |
o Other–specify | | |
|
o Summary offence |
o Indictable offence |
o (Description of offence)
|
Act or |
Section or Clause | ||
|
o State |
o Act | | |
|
o C'wealth |
o Regulation | | |
| |
o Other–specify | | |
|
o Summary offence |
o Indictable offence | ||
Are there more charges? o No o Yes—see page No. o
Signature of informant
Agency and address
Signature of Registrar
Filed at Date
__________________
Sch. 3
Adjourn to Court Ref. Daily No.
To the Date of Hearing
Defendant M F Co. Date of
Birth
Registration No. State
Licence No. State
You have been charged with an offence against the law.
Read both pages to see what you must do.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Details of the charge against you
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
What is the charge?
(Description of
offence)
|
Act or |
Section or Clause | |||||
|
Under what law? |
o State |
o Act | | | ||
|
o C'wealth |
o Regulation | | | |||
| | |
o Other–specify | | | ||
|
Are there more charges? |
o No | |
o
Yes—see "Continuation of | |||
|
Type of offence |
o Summary offence |
o Indictable offence | ||||
Who filed charge(s)? Phone
(Informant)
Agency and Address
Agency Ref.
Signature of Informant Date
Charge filed at Date
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Where will the case be heard
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Where you must go The Magistrates' Court at
[ venue ]
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Address Phone
When Time Day Month Year
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Details about this summons
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Issued at Date
Registrar
Magistrate
Member of the police force
Prescribed person
__________________
Sch. 3
Adj. to Court Ref. Daily No.
To the Date of hearing
Defendant M F Co. Date of
Birth
Registration No. State
Licence No. State
You have been charged with an offence against the law.
Read both pages to see what you must do.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Details of the charge against you
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
What is the charge?
(Description of
offence)
|
Act or |
Section or Clause | ||||
|
Under what law? |
o State |
o Act | |
(Full Ref.) | |
| |
o C'wealth |
o Regulation | | | |
| | |
o Other–specify | | | |
|
Type of offence |
o Summary offence |
o Indictable offence | |||
Who filed charge? Phone
(Informant)
Agency and Address
Agency Ref.
Signature of Informant Date
Charge filed at Date
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Request for Issue of a Warrant to Arrest
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
I apply for the issue of a warrant to arrest on the following grounds:
Warrant to arrest
To all members of the police force or
You are authorised to break, enter and search any place where the person named
in this warrant is suspected to be, to arrest that person and bring him or her
before a Bail Justice or the Court as soon as practicable to be dealt with
according to law or cause the person to be released on bail in accordance with
the endorsement on this warrant.
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I am satisfied by the evidence before me that a Warrant should be issued on the following grounds:
o it is probable the person will not answer a summons
o the person has absconded or is likely to abscond
o the person is avoiding the service of a summons
o the warrant is o required o authorised by another Act namely
o other
Issued at Date
Before
Registrar
Magistrate
__________________
Sch. 3
AFFIDAVIT/DECLARATION OF SERVICE OF SUMMONS TO ANSWER TO A CHARGE
I [ full name ] of [ address ], [ occupation ]*swear/declare that I served a true copy of this summons *together with true copies of pages of ''Continuation of Charges'', *and [ any other documents ] on [ date ] at a.m./p.m. by—
*delivering it to the defendant personally at [ address ]
*leaving it for the defendant at [ address ] being the defendant's last or most usual place of *residence/business with a person who apparently resided or worked there and who apparently was not less than 16 years of age.
*[ if the summons is a summons to answer to a charge for a prescribed offence ] posting it by prepaid ordinary post at [ address ] in an envelope addressed to the defendant at the defendant's last known place of residence or business which address I ascertained from [ give details ]
*[other]
*I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.
|
*Sworn/Declared at |
ü |
[ Name and address in legible writing, typing or stamp below signature ]
*a person authorised under section 107A(1) of the Evidence Act 1958 to witness the signing of a statutory declaration.
*a person authorised under section 123C(1) of the Evidence Act 1958 to take an affidavit.
*Delete if not applicable.
__________________
Sch. 3
|
Court | |
| |
Date of hearing |
| |
Court Ref. |
|
To the |
Postcode |
These documents contain the evidence that will be given against you in Court
if you do not go to Court. They will then be given to the Magistrate.
He or
she may consider this evidence and decide whether you are not guilty or
guilty. You will receive a notice if you are found guilty.
Details of the case against you are contained in:
o The charge sheet a copy of which is attached.
o Witness statements which will be produced at the court
hearing.
(Copies are attached.)
|
Family name |
First names |
o Documents which will be produced as
evidence. (Copies are
attached.)
o Things which will be given to the Court as exhibits.
|
Description of exhibit |
Photo attached | ||
| |
Yes |
No | |
|
Who filed the charges? | | ||
|
Agency and Address |
Phone | ||
|
Signature | | | |
Please read the notice on the back of this page.
Sch. 3
WHAT IS A BRIEF OF EVIDENCE?
A brief of evidence contains copies of the evidence that will be given against you at Court if you do not go to Court.
It must contain—
a list of the people who have made statements;
copies of those statements;
a copy of the charge-sheet;
a copy of any document which will be given as evidence;
a list of exhibits, if any;
a photograph of any exhibit which cannot be described in detail in the list.
What is it for?
Many people do not come to Court when they have been charged with minor offences. This means that the Court has to set a new date to hear the case. When you have been given a brief of evidence, the Court can choose to hear the case on the first date without either you or the person who charged you having to be at Court.
It does not mean that you cannot come to Court. The procedure is only used if you do not come to Court. The Court may also decide not to hear the case without you and may issue a warrant to arrest you. You will be told if this happens.
If you are on bail, you must attend Court to answer to bail.
How is it used?
If you are not at Court the Prosecutor will give the Magistrate a copy of the brief of evidence including statements and exhibits. The Magistrate will consider the evidence and decide if you are not guilty or guilty. If you are found to be guilty the Magistrate will then decide what penalty you will receive. You will be told about this penalty.
Has it been done correctly?
The statements that will be given as evidence should be either in the form of
an affidavit or contain an acknowledgment signed in the presence of a member
of the police force that the statement is true. However, if the statements
served on you do not contain these requirements, they are still valid if the
copies filed at the Court have an acknowledgment that the statement you
received was identical with the one given to the Court.
Sch. 3
If the statement has been made by a person under the age of 18 years, it must include their age. If the statement has been made by a person who cannot read, it must contain an acknowledgment that it was read to the person before he or she signed it.
A brief of evidence must be served at least 14 days before the mention date and can be served on you in a number of ways, for example—
by giving it to you personally; or
by leaving it for you at your last or most usual place of residence or business with someone who appears to reside or work and who appears to be not less than 16 years of age; or
in certain cases, by posting it to you.
Remember to read the Charge-sheet and the brief of evidence carefully.
__________________
RULES 9.01 and 11.03
Sch. 3
NOTICE ACCOMPANYING AN OUTLINE OF EVIDENCE
IMPORTANT: DO NOT IGNORE THIS DOCUMENT
If you do not understand this notice, you should immediately have it interpreted and explained to you.
( Information to the effect of the above advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages. )
You have been charged with an offence against the law. The charge sheet, which is a separate document, will tell you what the charges against you are. The charge sheet should either have already been served on you or be served with this notice.
This notice should have an outline of evidence with it.
WHAT IS AN OUTLINE OF EVIDENCE?
The outline of evidence is a statement made by the informant which includes—
• a description of the nature and circumstances of the offence alleged against you, including the background and consequences of the alleged offence, and any statements or comments you have made about the alleged offence;
• the names of the people who may be called to give evidence against you; and
• a list of potential exhibits.
WHAT MAY HAPPEN TO YOU?
If you do not attend Court on the date on your summons, the Court may determine the summary charges against you in your absence. The Court may base its decision on the outline of evidence, if the Court is satisfied that it was served on you at least 14 days before that date.
If you have been charged with an indictable offence, then you must attend Court, or you may be arrested. A box on the charge sheet should tell you whether a charge is summary or indictable.
If the Court finds you guilty of the summary charges in your absence on the basis of the outline of evidence, then it may make any order against you that it could have made if you had been present, except that it cannot —
• imprison you or make a community-based order;
• fine you more than 20 penalty units for an offence or fine you more than 50 penalty units in total for more than one offence; or
• make compensation or restitution orders above $2000.
If the Court thinks that you should receive a penalty prohibited by this
procedure, or if it decides not to hear the case without you in attendance,
then it must adjourn the proceeding for you to attend Court, and may issue a
warrant for your arrest.
Sch. 3
The Court may be given a copy of any prior convictions you have for traffic or parking infringements within the meaning of the Road Safety Act 1986 but may not be informed of any other type of prior conviction.
If the Court finds you guilty and makes an order against you, then the Court must post to you a written notice of the order and of your right to apply for a re-hearing of the charge. The notice must be sent to you at your address on the Court's register.
RE-HEARING APPLICATIONS
You will have 28 days from the service of that notice to apply to the Court for a re-hearing of the charge. If you apply for a re-hearing, the Court must set aside the order and re-hear the charge. You may still apply to the Court for a re-hearing after that time, but the Court may refuse your application. You may also appeal to the County Court within 30 days after the day the order was made.
FURTHER INFORMATION
For further information, contact the Registrar of the Magistrates' Court, your lawyer, Victoria Legal Aid, a Community Legal Centre or the Victorian Aboriginal Legal Service.
YOU SHOULD SEEK LEGAL ADVICE
__________________
Sch. 3
|
Name of person to be arrested | | |
Court Ref. | ||
|
Address | | |
M |
F | |
| |
Postcode |
Date of Birth | |||
Statement of Reasons for this Warrant
|
What is the reason? |
o |
the defendant failed to appear before the Court on in answer to a charge and summons. |
| |
o |
the defendant failed to attend before the Court in accordance with his or her bail. |
| |
o |
the person was served with a witness summons and failed to attend before the Court on in answer to that witness summons. |
|
o |
Other—give details. | |
|
The defendant was charged with | | |
|
Who filed the charges? | | |
|
Agency and address | | |
WARRANT TO ARREST
|
To all members of the police force or You are authorised to: * break, enter and search, if necessary, any place
where the * arrest the person named or described in this warrant; AND TO bring him or her before a bail justice or the
Court as soon as OR |
|
release him or her on bail in accordance with the
endorsement The person named in the warrant may be discharged
on bail |
Issued at Date
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Issued by
Signature
Registrar/Magistrate
CERTIFICATE OF BAIL
|
Bail was granted on the following conditions: The person named may be released upon entering an undertaking of
bail to appear at the Magistrates' Court at Magistrate Date |
__________________
Sch. 3
|
Name of defendant (or Witness) | | |
Court Ref. | ||||||
|
Address | | |
M |
F | | ||||
| |
Postcode |
Date of Birth | |||||||
|
o The defendant (or witness) has been |
o remanded in custody | ||||||||
| |
o returned to the custody of the Secretary to the Department of Human Services | ||||||||
|
o The proceeding has been adjourned and the defendant is to
be brought | |||||||||
|
the Magistrates' Court | |
at 10.00 a.m. on | | ||||||
|
o The defendant has been committed to stand trial. | |||||||||
|
The Charge | |
|
What is the charge? | |
|
Who filed the charge? | |
|
Agency and address | |
|
The charge is filed |
o at the Magistrates' Court at |
| |
o with the Bail Justice making this order |
|
AUTHORITY AND DIRECTIONS | | |||
|
To all members of the police force, or all prison officers, or insert [ name ] | ||||
|
You must take and safely convey the person named in this warrant to | ||||
|
To the Secretary to the Department of Justice, the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case may be), or any other person into whose custody the person is transferred. | ||||
|
You must receive the person named in this warrant into custody and safely keep that person— | ||||
| |
(i) |
for the period specified, or in the circumstances described, in this warrant; or | ||
| |
(ii) |
until that person is otherwise removed or discharged from custody by due course of law. | ||
|
o |
The defendant has consented to an adjournment of the proceeding for more than
8 clear days. The defendant has also been granted bail. If the defendant has
not been admitted to bail at the end of 8 days the person who has custody
of the defendant must bring him or her before the Magistrates' Court at [
venue ] | |||
|
ENDORSEMENTS | ||
|
o |
The accused did not apply for bail | |
|
o |
I certify that the defendant's application for bail was refused. The reasons for my refusal are: | |
| | | |
|
o |
I certify that bail was granted and the defendant is to be released from custody when he or she signs an undertaking with the conditions which are endorsed below: | |
|
o |
The accused was legally represented by | |
Signed at on by
Magistrate/Bail Justice/Registrar
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__________________
Sch. 3
(Except for unpaid fine)
WARRANT TO IMPRISON Court Ref.
(Except for unpaid fine)
Defendant's Name M F
Address Date of
Birth
Where proceeding heard the Magistrates' Court at
Who filed the charges? Agency
(informant)
Imprisonment order summary
Date sentence imposed
Effective total term Years Months Days
Minimum term before becoming eligible for parole Years Months
Finding that minimum term inappropriate under section 11 of the Sentencing Act 1991 o Yes o No
Time spent in custody Years Months Days
Taken into account o Yes o No
Eligible for pre-release o Yes o No
Sentences imposed in this case to be—
cumulative upon other sentences presently being
served o
Yes o No
part concurrent with other sentences presently being
served
o Yes o No
Concurrent portion of sentence Years Months Days
cumulative on any period owed to the Parole Board o Yes o No
part concurrent with any period owed to the Parole
Board o
Yes o No
Concurrent portion of sentence Years Months Days
Authority and directions
To all members of the police force, all prison officers or
You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to—
o a prison o a prison or police gaol o a youth training centre
and to deliver the person to the officer in charge of the prison, police gaol or youth training centre.
To the Commissioner of Correctional Services or the Chief Commissioner of
Police (as the case requires) or any other person into whose custody the
person named in this warrant is transferred:
Sch. 3
You are directed and authorised to receive that person into custody and safely keep that person for the period specified, or in the circumstances described in this warrant or until that person is otherwise removed or discharged from custody by due course of law.
Issued by Registrar Date
(Signature) Magistrate
Schedule to Warrant to Imprison
Court Ref.
Defendant Page Number
Codes
S Offence is against State law
C Offence is against Commonwealth law
G Plea of guilty
NG Plea of not guilty
XP Ex parte hearing, defendant did not appear in Court
AGG Sentence imposed on this charge is an aggregate sentence under section 4K(4) of the Crimes Act 1914 (Commonwealth) and the aggregate term to be served in relation to all AGG sentences in this case is the period in the ''Imprisonment'' column beside the first AGG sentence
BAS The base sentence for the purposes of cumulative and part concurrent sentences in this case
CUM A sentence to be served cumulatively upon the base sentence and upon all other cumulative and part concurrent sentences in this case
DFR Court directed release under section 20(1)(b) of the Crimes Act 1914 (Commonwealth) after service of the period shown in the column ''Portion of term to be served''
PCO Sentence to be served part concurrently with other sentences
in this case. The non-current balance of the sentence shown in the column
''Portion of term to be served''
Sch. 3
PSU The term imposed by the Court was partially suspended under section 27 of the Sentencing Act 1991 . The period not suspended is shown in the column ''Portion of term to be served''.
Schedule to Warrant to Imprison
Case Number
Defendant Page Number
Code Table
|
Charge Number |
Date of Offence |
S |
G NG XP |
Brief descrip-tion of offence |
Act and Section |
Imprison-ment (Detention) Term |
Portion of term to be served (where app.) |
Sentence (Period) Code |
Min. Term C'wlth only |
|
There are more pages No Yes — pages Registrar | |||||||||
Warrant Execution Details
Police Station Warrant executed by me on at a.m./p.m.
Name Rank and Number
__________________
(Unpaid Fine(s))
Sch. 3
|
Court Ref. | |
|
Defendant's Name | | |
M |
F |
|
Address |
|
Who filed the charges? | |
Agency |
DETAILS OF THE FINE
On the Magistrates' Court at
[venue]
convicted and fined the defendant.
|
AMOUNT UNPAID | ||||||
|
|
Total penalty imposed |
|
|
|
| |
|
1 | | | | | | |
|
2 | | | | | | |
|
3 | | | | | | |
|
4 | | | | | | |
|
5 | | | | | | |
|
6 | | | | | | |
|
7 | | | | | | |
|
8 | | | | | | |
|
9 | | | | | | |
|
0 | | | | | | |
|
TOTAL AMOUNT UNPAID $ | ||||||
| | | |||||
AUTHORITY AND DIRECTIONS
To all members of the police force, all prison officers, the Sheriff or
You are to demand payment of the amount unpaid from the person named in this
warrant. If this amount is paid you must send it immediately to the Principal
Registrar.
Sch. 3
If the amount is not paid
You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to
o a prison or police gaol o a youth training centre
and to deliver the person to the officer in charge of the prison, police gaol or youth training centre.
To the Commissioner of Correctional Services or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in the warrant is transferred:
You are directed and authorised to receive that person into custody and safely keep that person for the period specified in the warrant or until otherwise removed or discharged from custody by due course of law.
If the amount unpaid is paid you are to release the person named in this warrant and immediately send the amount to the Principal Registrar.
If the amount is partly paid you must reduce the term of imprisonment using the formula set out in section 71(1)(b) of the Magistrates' Court Act 1989 , amend the execution copy of the warrant, receive the payment and forward it without delay to the Principal Registrar.
Issued by Registrar Date
(Signature)
Magistrate
__________________
Sch. 3
|
Court Ref. | | ||
|
Name and/or description of person or article, thing or material | |||
| | |||
|
Place where search will be conducted for article, thing or material | |||
|
Number and name of street | |||
|
Reason for search/Suspected offence | |||
| | |||
|
This Warrant authorises | |||
|
Name, Rank, No. | | ||
|
Agency and Address | | ||
|
Or all members of the police force: | |||
|
o |
Search for a person to break, enter and search any place where the person named or described in this warrant is suspected to be; | ||
| |
and | ||
| |
to arrest the person named or described in this warrant. | ||
|
o |
Search for any article, thing or material of any kind | ||
| |
to break, enter and search any place named or described in this warrant for any article, thing or material of any kind named or described in this warrant; | ||
|
and | |||
| |
to bring the article, thing or material before the Court so that the matter may be dealt with according to law; | ||
| |
and | ||
| |
to arrest any person apparently having possession, custody or control of the article, thing or material. | ||
If person arrested
|
You must also cause the person named or described in the warrant, or apparently having possession, custody or control of any article, thing or material named or described in the warrant, when arrested— | |
|
o |
to be brought before a bail justice or the Court as soon as practicable to be dealt with according to law; |
| |
or |
|
o |
to be released on bail in accordance with the endorsement on this warrant. |
This warrant is authorised by section of the
Act
Issued at a.m./p.m. on by
Magistrate
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__________________
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NOTICE OF COMMITTAL MENTION DATE
To the Defendant
|
Warning: |
This is an important document. If you need help to understand it you should see a solicitor, the Legal Aid Commission or a registrar of the Magistrates' Court. |
You have been charged with
These charges were filed by
(Informant)
The Court must decide if you should stand trial for these charges. A committal mention date has been fixed for at the Magistrates' Court at [ venue ].
You must attend Court on that date.
Witnesses will not be at Court that day.
Copies of statements made by witnesses will be given to the Court as evidence in the case against you.
You have the right to request that all or any of the witnesses attend the committal proceeding to be cross-examined by you or your lawyer. You must make the request at least 14 days before the committal mention date by giving written notice to the informant and the registrar at the Magistrates' Court at [ venue ]. If you give written notice and that notice has not been wholly withdrawn or set aside, the committal proceeding will not be held on the mention date.
If you do not make this request, the statements will be considered as evidence by the Magistrate. The Magistrate will also consider anything you have to say and then decide whether or not to send you for trial.
If you want to call your own witnesses, you should notify the registrar of the Magistrates' Court how many witnesses you will be calling.
The Magistrate can refuse your request to cross-examine a witness if the
Magistrate is satisfied that your request is frivolous, vexatious or
oppressive in all the circumstances. If the Magistrate is considering making
such an order, you will be told at least 3 days before the day on which the
order is proposed to be made.
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Enclosed are—
You may inspect the exhibits at a time and place agreed with the informant before the committal proceeding is held.
At the Committal Proceeding
If you have given notice requiring a witness to attend for cross-examination, that witness must be called to give evidence, unless the Court has set aside your notice.
If the witness does not attend when required to do so, his or her statement must not be used as evidence. The Court may adjourn the proceeding or may order the witness to attend or may continue the committal proceeding if satisfied that it would not be unfair to you.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
AFFIDAVIT/DECLARATION OF SERVICE
I [ full name ]
of [ address ]
a member of the police force in the State of Victoria *make oath and say/*
declare that I served on the defendant a hand-up brief containing this notice
and the enclosures referred to in this notice by delivering a true copy to the
defendant personally at [ address ] on [ day of week ] the
day
of 20 at *
a.m./p.m.
*I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.
*Sworn/Declared at [place]
in the State of Victoria
on [ date ]
*Before
[ Name and address in legible writing, typing or stamp below signature ]
*a person authorised under section 107A(1) of the Evidence Act 1958 to
witness the signing of a statutory declaration.
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*a person authorised under section 123C(1) of the Evidence Act 1958 to take an affidavit.
__________________
ELECTION TO STAND TRIAL WITHOUT A COMMITTAL PROCEEDING BEING CONDUCTED
(Section 56 Magistrates' Court Act 1989 )
The Person who filed the charges
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[ Informant ]
Defendant
of [ address ]
To the Registrar of the Magistrates' Court of Victoria
at [ venue ]
and
the Informant
of [ address ]
Details of the charge(s) filed—
TAKE NOTICE that I elect to stand trial for the above-mentioned offences without a committal proceeding being conducted.
I understand the consequences of making this election are—
(a) that when I appear before the Magistrates' Court I shall be committed for trial;
(b) that any statement or documents, copies of which have been served on me by the informant, may be used in evidence upon my trial in all respects as if they were depositions taken and exhibits tendered at a committal proceeding;
(c) that on being committed for trial, I shall be either remanded in custody until the trial or granted bail until the trial.
Dated
at Defendant
__________________
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|
Informant's name | | |
Date of birth | |
|
Agency | | |
Licence No. | |
|
Defendant's name | | |
Phone No. | |
|
Address |
Postcode | | | |
THIS APPLICATION WAS FILED BY: *THE DEFENDANT/*THE INFORMANT ON BEHALF OF THE DEFENDANT
On the Magistrates' Court at found the defendant
|
guilty of | |
|
and ordered: | |
The order was made in the absence of the defendant. The reason for the defendant's non-attendance was:
The charge was served o personally o by post o other
|
On the defendant will apply to the Magistrates' Court at for an order that the sentencing order be set aside and the charge to be reheard. Signature of Applicant Date |
APPLICATION FOR STAY OF ORDER (If the Order affected the Driver's Licence)
On the defendant will apply to the Magistrates' Court at
for an order that the order affecting the driver's licence be stayed and that
the licence holder be allowed to drive until the decision of the re-hearing.
Signature of Applicant Date
NOTES FOR INFORMATION
If the application is made by the defendant
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|
1. |
You must serve a copy of this notice of intention to apply for re-hearing on the person who charged you. This is done by— | |
| |
(a) |
delivering a true copy of this application to the informant personally; or |
|
(b) |
leaving a true copy of this application for the informant at his or her most usual place of residence or of business with some person who apparently resides or works there and who apparently is not less than 16 years of age. | |
|
Once you have served the document you must fill in the ''Proof of Service'' and give it to the Registrar of the Court at the venue where your case was heard. This must be done at least 14 days before the date for the Application for re-hearing. | ||
|
2. |
If you are making an application for a stay of order you must serve a copy on the person who charged you a reasonable time before the Court date for that application. | |
|
3. |
If you are in custody only because of the order that is the subject of this application, you may apply for bail pending the re-hearing. | |
|
If the application is made by the informant on behalf of the defendant you must serve a copy of the notice in the same manner as a summons may be served. | ||
__________________
RULES 9.04 and 11.01
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The attached information is provided to notify you of your ability to access information in relation to summary criminal proceedings commenced against you in the Magistrates' Court.
In relation to a summary criminal trial you may, at least 10 days before the mention date, give notice in writing to the informant (the person who brought the charge) that you require any of the following:
|
– |
Copies of witness statements. |
|
– |
Written summaries of the substance of evidence likely to be given by persons who have not provided statements but have provided relevant information to the informant. |
|
– |
The names of all witnesses and persons who have provided statements or relevant information or material and also their address if relevant to the defence case (unless the witness or person objects and the informant believes there are reasonable grounds for refusing to provide the address). |
|
– |
Access to exhibits. |
|
– |
Copies of any documents setting out particulars of any prior convictions or findings of guilt, against yourself, and (where relevant to the proceeding), of any person the informant intends to call to give evidence. |
|
– |
The particulars of any medical examination carried out on yourself on behalf of the informant. |
The informant may refuse to comply with any of the requirements if he or she is of the opinion that compliance would be reasonably likely to—
|
– |
prejudice the investigation, enforcement or proper administration of the law. |
|
– |
prejudice a fair trial or impartial adjudication of a particular case. |
|
– |
enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of law. |
|
– |
disclose methods or procedures of investigating breaches of the law, the disclosure of which would be reasonably likely to prejudice the effectiveness of those methods or procedures. |
| | |
|
– |
endanger the life or physical safety of witnesses or their families, providers of confidential information to the informant or persons connected with law enforcement. |
The informant must comply with your request or supply you with a written
statement of the grounds for refusing to comply on or before the 5th day
before the mention date or within such other period as the Court may fix.
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3
If the informant refuses to supply the requested information you may make an application to the Court for an order compelling the informant to comply.
The time requirements for requesting or receiving information may be varied with leave of the Court.
Expert Witnesses
You must serve on the informant at least 7 days before the mention date listed on the summons a copy of the statement of any expert witness whom you intend to call to give evidence at the hearing.
If you have any queries regarding these provisions please contact the informant in your matter (the person who brought the charge), Legal Aid Victoria or the Registrar at your local courthouse.
REGISTRAR
Dated: 16 May 2006
IAN L. GRAY,
Chief Magistrate
DANIEL J. MULING,
Deputy Chief Magistrate
PETER HENRY LAURITSEN,
Deputy Chief Magistrate
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