Version No.

006
Magistrates' Court Criminal Procedure
Rules 2009
S.R. No. 181/2009
Version incorporating amendments as at
1 January 2013

TABLE OF PROVISIONS
Regulation Page

ORDER 1—PRELIMINARY 1
1 Title and object 1
2 Authorising provisions 1
3 Commencement 1
4 Revocation 1
5 Overriding objective 1
6 Definitions 3
7 Interpretation and application 3
8 Non-compliance 4
9 Content and form of documents 5
10 Stamping of filed documents 6

ORDER 2—CRIMINAL PROCEDURE 7

PART 1—COMMENCING A PROCEEDING 7
11 Prescribed forms for commencing a criminal
proceeding 7
12 Advice in other languages in a criminal proceeding 7
13 Affidavit of service 8
14 Form of notice to appear and filing 8
16 When the Court directs that a person be prosecuted for
contempt 9
PART 2—CASE MANAGEMENT AND DISCLOSURE 9
17 Pre-hearing disclosure notice 9
18 Preliminary brief prescribed notice 10

1
 19 Full brief prescribed notice 10
PART 3—APPLICATIONS, ORDERS AND NOTICES 10
20 Adjournment of a proceeding by a registrar 10
21 Summary case conference 10
22 Request for contested summary hearing 11
23 Registrar or judicial registrar may dispense with
summary case conference requirement 11
24 Witness summons in a criminal proceeding 11
25 A witness summons for the production of a document
or thing—confidential communications 11
26 Notice of alibi 12
27 Objection to production and inspection of protected
documents and things 12
28 Case abridgement application 12
29 Issuing of certificate to a victim of identity crime 12
30 Certifying payment to Crown witness 13
31 Application for rehearing 13
PART 4—ADJOURNMENT OF CRIMINAL
PROCEEDINGS 13
31A First mention 13
31B Attendance required if accused on bail 14
31C Attendance required at subsequent hearings 14
31D Dispensing with compliance 14

ORDER 3—WARRANTS 15
32 Form of a warrant to arrest and issue for
non-appearance of the accused 15
33 Form of a search warrant 15
34 Form of a remand warrant 15
35 Form of a warrant to imprison 15
36 Form of a warrant to imprison for unpaid fines 15
37 Warrant to seize property application 15
37A Execution of warrant to seize property 15
37B Application of Supreme Court rules, practice and
procedure 16

ORDER 4—COMMITTAL PROCEEDING 17

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PART 1—APPEARANCE 17
38 Notice of Appearance 17
39 Prosecution to provide relevant contact details 17
40 Legal practitioner ceasing to act 18
PART 2—SERVICE 18
41 Mode of service 18
42 Copy of document served by electronic transmission
to be provided upon request 18
PART 3—FILING HEARINGS 19
43 Orders and directions at filing hearing 19

PART 4—COMPULSORY EXAMINATION

PROCEDURE 19
44 Form of application 19
45 Form of notice of order 19
PART 5—PRE-HEARING DISCLOSURE 19
46 Notice and list of information or other documents to
accompany hand-up brief 19
47 Application to permit accused to be absent from
committal hearing 20
PART 6—CASE DIRECTION 20
48 Prescribed form of case direction notice 20
PART 7—COMMITTAL MENTION AND CASE
CONFERENCE 20
49 Notice of committal proceeding 20
50 Application to Court to fix a longer period for the
holding
of a committal mention hearing 20
51 Application to Court to fix longer period for
determining of committal proceedings 21
52 Closing of a committal case conference 21
PART 8—COMMITTAL HEARING 21

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 53 Application for a joint committal 21
54 Caution to be given to person charged 22
PART 9—DETERMINATION OF COMMITTAL
PROCEEDING 22
55 Notice of election to stand trial 22
56 Committal caution 22
57 Alibi caution 22
58 Legal aid warning 22
PART 10—PROCEDURE AFTER COMMITTAL 23
59 Application to grant or revoke bail after the accused is

committed to trial 23
PART 11—TAKING EVIDENCE AFTER ACCUSED
COMMITTED FOR TRIAL 23
60 Form of notice of application 23
61 Response to notice of application 23
PART 12—GENERAL 23
62 Applications for summary hearing of indictable
offences 23
63 Form of application 24
64 Filing of application 24
65 Service of application 24
66 Application for a special mention hearing 24
67 Parties may request registrar to cancel a special
mention
hearing 25
68 Statements prepared in another jurisdiction 25

ORDER 5—APPEALS 26
PART 1—PRELIMINARY 26
69 Application 26
PART 2—APPEALS TO THE COUNTY COURT
UNDER PART 6.1 OF CHAPTER 6 OF THE
CRIMINAL PROCEDURE ACT 2009 26

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 70 Procedure on appeal from Magistrates' Court to
County Court 26
71 Recall and cancel process when an application for a
stay is granted 28
72 Application for leave following late filing of appeal to
the County Court 28
73 Application to set aside an order striking out an appeal
in the County Court 28
PART 3—APPEALS TO THE SUPREME COURT
UNDER PART 6.2 OF CHAPTER 6 OF THE
CRIMINAL PROCEDURE ACT 2009 29
74 Filing of an appeal from the Magistrates' Court to the
Supreme Court on a question of law 29
75 When the Supreme Court stays a Magistrates' Court
order 29
76 When the Supreme Court makes an order remitting a
case for rehearing to the Magistrates' Court 29

ORDER 6—AUTHENTICATION OF ORDERS AND

WARRANTS 30
77 Certified extract of an order 30
78 Particulars of warrants to be entered in the register 30
79 Authentication of warrants 30
80 Authentication of a digital recording 31

ORDER 7—TRANSFER OF SUMMARY

PROCEEDINGS 32
81 Transfer of related summary proceeding on or after
committal
to the Supreme Court or County Court 32
82 Transfer of an offence that a Magistrate refused to
hear and determine summarily 32
83 Transfer of a summary offence that is not a related
summary offence to the Supreme Court or County
Court 32

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ORDER 8—GENERAL 34
84 Last known place of residence or business for the
purpose of service 34
85 Issue of some warrants to seize property 35
86 Prescribed member of a class of persons who may
witness statements 35

ORDER 9—AUDIO VISUAL OR AUDIO LINKING 37

87 Definition 37
88 Request for appearance via audio visual link 37
89 When a person may appear by audio visual link or
audio link 37
90 Application for the physical appearance of a person
when otherwise not required 37
91 Application for appearance of a person by audio visual
link where physical appearance otherwise required 38
92 Application for direction a person appear by audio
visual link 38
93 Application for direction a child appear by audio
visual link 38

ORDER 10—INFRINGEMENTS COURT AND FINES 39

PART 1—INFRINGEMENTS COURT 39
94 Infringements Court 39
95 Appearance by audio visual link Infringements Court 39
PART 2—FINES 39
96 Definitions 39
97 Proper officers 40
98 Application for time to pay, instalment order or
variation of instalment order 40
99 Consideration of application 40
100 Determination of the application 41
101 Enforcement of fines against a natural person 42
102 Enforcement of fine against body corporate 42
103 Summons for warrant to seize property returned
unsatisfied 42

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 104 Declaration of liability of a director for offence of
body
corporate 43
__________________

FORMS 44
Form 1—Charge-sheet 44
Form 2—Continuation of Charges 46
Form 3—Charge-sheet and Summons 48
Form 4—Charge-Sheet and Summons (Corporate Accused) 50
Form 5—Charge-Sheet and Warrant to Arrest 52
Form 6—Do Not Ignore this Notice 54
Form 7—Notice to Appear 55
Form 8—Pre-hearing Disclosure Notice for Matters to be
Determined Summarily 58
Form 9—Pre-hearing Disclosure Notice for Matters to be
Determined
by a Committal Proceeding 60
Form 10—Notice Accompanying Preliminary Brief 62
Form 11—Notice Accompanying Full Brief 65
Form 12—Request for Contested Summary Hearing 68
Form 13—Witness Summons 70
Form 14—Notice of Alibi 72
Form 15—Case Abridgement Application 73
Form 16—Application—Identity Crime 74
Form 17—Identity Crime Certificate 75
Form 18—Application for a Rehearing 76
Form 19—Warrant to Arrest 78
Form 20—Search Warrant 80
Form 21—Remand Warrant 82

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Form 22—Warrant to Imprison (Except for unpaid fine(s)) 84
Form 23—Warrant to Imprison (Unpaid fine(s)) 87
Form 24—Warrant to Seize Property 89
Form 25—Notice of Appearance 91
Form 26—Application for Compulsory Examination 92
Form 27—Notice of Order 93
Form 28—Notice of Order 95
Form 29—Notice of Committal Mention date and Hand-Up
Brief 96
Form 30—List of Information or Other Documents Included
in
Hand-up Brief 99
Form 31—Application 102
Form 32—Case Direction Notice 103
Form 33—Notice of Committal Proceeding 106
Form 34—Application for the Fixing of a Longer Period for
the
Holding of a Committal Mention Hearing 108
Form 35—Application for the Fixing of a Longer Period for
the
Holding of a Committal Proceeding for a Sexual
Offence 109
Form 36—Application for Joint Committal 110
Form 37—Caution to be given to person charged 112
Form 38—Election to Stand Trial without a Committal
Proceeding
being Conducted 113
Form 39—Committal caution 114
Form 40—Alibi Caution 114

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Form 41—Notice of Application for Order that the Evidence
of a
Person be taken 115
Form 42—Response to Notice of application for Order that
the
Evidence of a person be taken 116
Form 43—Certified Extract 117
Form 44—Notice of Request for Appearance via Audio
Visual Link 118
Form 45—Notice of Application under section 42L of the
Evidence (Miscellaneous Provisions) Act 1958 119
Form 46—Notice of Application under section 42M, 42N or
42P of
the Evidence (Miscellaneous Provisions) Act 1958
120
Form 47—Application for Time to Pay a Fine 121
Form 48—Application for Community-based Order 123
Form 49—Consent to the Making of a Community-Based
Order for Unpaid Work in Lieu of Payment of a
Fine 125
Form 50—Notice about the Procedures for Enforcement of
Fines 127
Form 51—Notice about the Procedure for Enforcement of a
Fine (Bodies Corporate) 129
Form 52—Community-Based Order in Default of Payment of
a Fine 130
Form 53—Summons for Failure to Pay a Fine 132
__________________

SCHEDULE 1—Revoked Statutory Rules 134

═══════════════

9
ENDNOTES 135
1. General Information 135
2. Table of Amendments 136
3. Explanatory Details 137

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 Version No. 006
Magistrates' Court Criminal Procedure
Rules 2009
S.R. No. 181/2009
Version incorporating amendments as at
1 January 2013
The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:

ORDER 1—PRELIMINARY
1 Title and object
(1) These Rules constitute Chapter III of the Rules of
the Magistrates' Court and are entitled the
Magistrates' Court Criminal Procedure Rules
2009.
(2) The object of these Rules is to provide for practice
and procedure in all criminal proceedings in the
Magistrates' Court of Victoria.
2 Authorising provisions
These Rules are made under section 16 of the
Magistrates' Court Act 1989 and section 419 of
the Criminal Procedure Act 2009 and all other
enabling powers.
3 Commencement
These Rules come into operation on 1 January
2010.
4 Revocation
The Rules set out in Schedule 1 are revoked.
5 Overriding objective
(1) The overriding objective of these Rules is to
enable the Court to secure the just and timely
determination of every criminal proceeding.

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r. 5

(2) Dealing with a case in a just and timely manner

includes, so far as is practicable—
(a) ensuring simplicity in procedure, fairness in
administration and the elimination of
unnecessary delay;
(b) efficiently determining all the issues in the
case;
(c) ensuring an appropriate allocation of the
Court's resources, while taking into account
the needs of other cases.
(3) The Court, where practicable, must further the
overriding objective by actively case managing
criminal proceedings to—
(a) promote the early resolution of summary
proceedings;
(b) facilitate accurate and early disclosure of the
prosecution case once a proceeding is
commenced;
(c) encourage parties to discuss issues in dispute
relating to disclosure and negotiate
outcomes;
(d) decide the order in which the issues are to be
resolved;
(e) fix timetables or otherwise manage the
progress of the case;
(f) make use of technology to further the
overriding objective; and
(g) give directions to ensure that the hearing of a
case proceeds in a timely manner and
efficiently.
(4) In exercising any power under these Rules or
interpreting any Rule the Court must seek to give
effect to the overriding objective.

2
r. 6

(5) The parties are required to assist the Court to

further the overriding objective and to ensure that
cases are dealt with fairly and expeditiously.
(6) For the purpose of subrule (5) the parties are
required to assist the Court to minimise delay
between the date of commencement of
proceedings and their final determination, other
than as required to identify the factual and legal
issues genuinely in dispute, and for sentencing
purposes.
6 Definitions
In these Rules—
endorse means to mark on a file or document the
date and venue of the Court;
Infringements Court means the venue of the
Court prescribed by Rule 94;
process has the same meaning as it has in
section 3 of the Magistrates' Court Act
1989;
register means the register of all the orders of the
Court and other matters kept under
section 18 of the Magistrates' Court Act
1989;
registrar means a registrar or deputy registrar of
the Magistrates' Court;
the Court means the Magistrates' Court of
Victoria.
7 Interpretation and application
(1) These Rules apply—
(a) to criminal proceedings commenced under
the Criminal Procedure Act 2009 on or
after 1 January 2010; and

3
r. 8

(b) to every other criminal proceeding in the

Court whether commenced before, on or
after the commencement of these Rules,
except where otherwise provided by any
other Act, regulation or these Rules.
(2) The Court may make any orders necessary to give
effect to the operation of these Rules in relation to
a proceeding commenced on or before the
commencement of these Rules.
(3) In exercising any power under these Rules, the
Court may give any direction or impose any terms
it thinks fit.
(4) The Court may exercise any power under these
Rules—
(a) of its own motion; or
(b) on the application of—
(i) a party; or
(ii) any person having a sufficient interest
in the proceeding.
(5) If these Rules do not make provision or sufficient
provision for a matter, the Court may give any
directions or rulings about the matter that the
Court considers appropriate.
8 Non-compliance
(1) Non-compliance with a Rule does not invalidate a
proceeding, unless the Court directs or orders
otherwise.
(2) If a Rule has not been complied with, the Court
may—
(a) waive the non-compliance; and
(b) set aside all or part of the proceeding; or
(c) make any other order it considers
appropriate.

4
r. 9

9 Content and form of documents

(1) A document other than a form prescribed by these
Rules prepared by a party for use in the Court
must be prepared in accordance with this Rule.
(2) A document must—
(a) be headed "In the Magistrates' Court of
Victoria at" stating the venue of the Court in
which the proceeding is to be heard and
determined; and
(b) show any identifying number assigned by
the Court to the proceeding.
(3) A document must contain on the front sheet—
(a) the title of the proceeding and any
identifying number;
(b) a short description of the document;
(c) the name of the party on whose behalf it is
filed;
(d) if a legal practitioner prepares the document,
the name, address, telephone number,
document exchange number, code reference
of the legal practitioner's firm and the legal
practitioner's reference or name of an
individual in the firm to whom reference can
be made in respect of the proceeding;
(e) if the party on whose behalf the document is
filed acts without a legal practitioner, the
name, address and telephone number of the
party.
(4) A document must—
(a) be on durable paper 297 millimetres by
210 millimetres, the size known as
International Paper Size A4; and
(b) be capable of receiving writing in ink.

5
r. 10

(5) Both sides of the paper may be used, with double

spacing between the lines and a left-hand margin
of at least 40 millimetres.
(6) The text of a document must be clear, sharp,
legible and permanent.
(7) A document must not bear any erasure or
alteration that causes material disfigurement.
(8) The Court may require any document in a
proceeding to be prepared in any manner it thinks
fit.
(9) Dates, amounts and other numbers must be
expressed in figures and not in words.
10 Stamping of filed documents
Any document filed with the Court shall be
stamped by a registrar with the date and venue of
the Court.
__________________

6
r. 11

ORDER 2—CRIMINAL PROCEDURE

PART 1—COMMENCING A PROCEEDING

11 Prescribed forms for commencing a criminal
proceeding
The prescribed form for—
(a) a charge-sheet is Form 1;
(b) a continuation of charges is Form 2;
(c) a charge-sheet and summons is Form 3;
(d) a charge-sheet and summons (corporate
accused) is Form 4; and
(e) a charge-sheet and warrant to arrest is
Form 5.
12 Advice in other languages in a criminal proceeding
(1) In a criminal proceeding information in Form 6
must be included with and form part of—
(a) any originating process served on an
accused;
(b) any process served on a witness; and
(c) any witness summons served on a person.
(2) Information in Form 6 must be included with and
form part of any originating process and any other
document served on a person in a proceeding for
enforcement of a fine.
(3) Form 6 must be included in and form part of—
(a) any notice to appear;
(b) any notice accompanying a preliminary
brief;
(c) any notice accompanying a full brief.

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r. 13

13 Affidavit of service
(1) An affidavit of service must be in the first person.
(2) An affidavit of service—
(a) must be signed by the deponent; and
(b) have the jurat completed and signed by the
person before whom it is sworn.
(3) The person before whom an affidavit of service is
sworn must legibly write, type or stamp below his
or her signature in the jurat—
(a) his or her name and address; and
(b) a statement of capacity in which the person
has authority to take the affidavit.
(4) In the case of personal service of a document
under section 391 of the Criminal Procedure Act
2009, an affidavit of service of a document must
state—
(a) who served the document and his or her
occupation;
(b) the time, day of the week and date on which
it was served;
(c) the place of service; and
(d) the manner of identification of the person
served.
(5) In any other case of service of a document under
sections 392, 393 and 394 of the Criminal
Procedure Act 2009 the affidavit of service must
state with relevant dates the facts constituting
service.
14 Form of notice to appear and filing

8
r. 16

(1) A notice to appear served under section 21 of the

Criminal Procedure Act 2009 must be in
Form 7.
(2) A notice to appear is to be filed at the Magistrates'
Court venue nominated on the notice with a
charge-sheet and affidavit of service for the
purposes of section 22 of the Criminal
Procedure Act 2009.
Rule 15 * * * * *
revoked by
S.R. No.
150/2011
rule 4.

16 When the Court directs that a person be prosecuted

for contempt
When the Court directs that a person be arrested
or brought before the Court for contempt under
sections 133 and 134 of the Magistrates' Court
Act 1989 the Court is to inform the accused of the
contempt by providing the charge-sheet to the
accused.

PART 2—CASE MANAGEMENT AND DISCLOSURE

17 Pre-hearing disclosure notice
(1) A summons to answer to a charge or a warrant to
arrest issued under section 12 or 14 of the
Criminal Procedure Act 2009 must be
accompanied by a notice in the form of—
(a) Form 8 if the charge is—
(i) an indictable offence that may be
determined summarily and a committal
proceeding has not been requested; or
(ii) a summary offence.
(b) Form 9 if the charge is an indictable offence
that may not be heard and determined

9
r. 18

summarily or the charge-sheet contains a

request for a committal proceeding.

(2) Where a notice to appear was served and a charge-

sheet filed with the Court a notice in Form 8 or
Form 9, as the case requires, must accompany a
preliminary brief or full brief.
18 Preliminary brief prescribed notice
(1) For the purposes of section 37(1)(b) of the
Criminal Procedure Act 2009 the prescribed
form of notice to be included in the preliminary
brief is notice in Form 10.
(2) When serving a preliminary brief in accordance
with section 24 of the Criminal Procedure Act
2009, an informant shall provide the accused a
copy of the Notice to Appear served.
19 Full brief prescribed notice
For the purposes of section 41(1)(a) of the
Criminal Procedure Act 2009 the prescribed
form of notice to be included in the full brief is
notice in Form 11.

PART 3—APPLICATIONS, ORDERS AND NOTICES

20 Adjournment of a proceeding by a registrar
When an accused makes an application to a
registrar to adjourn a proceeding under section 20
of the Criminal Procedure Act 2009 the registrar
may refer the matter to a Magistrate for
determination.
21 Summary case conference
The parties to a summary case conference shall
engage in meaningful discussion relating to
pre-trial disclosure, issues in dispute and the
prospects for resolution of charges.

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r. 22

22 Request for contested summary hearing

A request for a matter to be listed for a contested
summary hearing shall be in Form 12 and filed
with the registrar of the Court.
23 Registrar or judicial registrar may dispense with
summary case conference requirement
The Court constituted by a registrar or judicial
registrar may dispense with the requirement to
conduct a summary case conference where an
accused is not legally represented under
section 54(6) of the Criminal Procedure Act
2009.
24 Witness summons in a criminal proceeding
(1) For the purposes of section 43 of the
Magistrates' Court Act 1989, a witness
summons must be in Form 13.
(2) A witness summons to give evidence or to give
evidence and produce documents or things must
be directed to one person.
(3) Where a witness summons relates to a corporate
accused it may be directed to one or more persons.
25 A witness summons for the production of a
document or thing—confidential communications
(1) A party seeking to compel another party to
produce a document must do so 14 days before the
proceeding, unless directed otherwise by the
Court.
(2) Where leave is granted under section 32C(2) of
the Evidence (Miscellaneous Provisions) Act
1958 the witness summons is, where possible to

11
r. 26

be made returnable before, the Magistrate who

granted leave.

26 Notice of alibi
For the purposes of section 51(5) of the Criminal
Procedure Act 2009 a notice of alibi is to be in
Form 14.
27 Objection to production and inspection of protected
documents and things
(1) When a protected person produces any sealed
document or other thing in answer to a subpoena
in accordance with section 107 of the Police
Integrity Act 2008 a registrar must acknowledge
receipt by signing the record provided.
(2) Where a protected person gives notice of an
objection to the production of any document or
other thing under section 107(2) of the Police
Integrity Act 2008 and applies to the Court for
the determination of the application, the matter
will be listed for a directions hearing.
28 Case abridgement application
(1) An application to abridge a court hearing date
under section 331(3) of the Criminal Procedure
Act 2009 must be in Form 15.
(2) The applicant must file the application referred to
in subrule (1) with the Court and notify the
respondent of the application.
29 Issuing of certificate to a victim of identity crime
(1) An application for an identity crime certificate
under section 89F Sentencing Act 1991 must be
in Form 16.

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r. 30

(2) The prescribed form of identity crime certificate

under section 89F Sentencing Act 1991 is
Form 17.

30 Certifying payment to Crown witness

A registrar or a deputy registrar may certify a
payment of allowances and expenses to a Crown
witness.
Note
See amounts fixed by regulation under section 152
of the Evidence (Miscellaneous Provisions) Act
1958.
31 Application for rehearing
An application for a rehearing under section 88 of
the Criminal Procedure Act 2009 must be in
Form 18.

Order 2 Pt 4 PART 4—ADJOURNMENT OF CRIMINAL PROCEEDINGS

(Heading and
rules 31A–
31D)
inserted by
S.R. No.
118/2012
rule 4.

Rule 31A 31A First mention

inserted by
S.R. No.
118/2012
(1) Subject to subrule (3) and Rule 31B, an accused is
rule 4. not required to appear at the first mention hearing
of a criminal proceeding if—
(a) the accused applies for an adjournment; and
(b) the application for the adjournment has been
lodged with the Court at the earliest
opportunity, but not later than 3.00 pm on
the day before the first mention hearing; and

13
31B

(c) the accused has been notified by the registrar

that the case will be administratively
adjourned.
(2) An application for an adjournment must—
(a) state the current status of the case;
(b) state whether the brief has been received;
(c) state whether a case conference has been
held and, if so, the outcome;
(d) include any other relevant information.
(3) An unrepresented accused who wishes to apply
for an adjournment must contact the Court to
apply for the adjournment.
(4) In this Rule, appear has the same meaning as it
has in the Criminal Procedure Act 2009.
Rule 31B 31B Attendance required if accused on bail
inserted by
S.R. No.
118/2012
Despite any application for an adjournment, an
rule 4. accused on bail is required to attend Court in
answer to that bail.
Rule 31C 31C Attendance required at subsequent hearings
inserted by
S.R. No.
118/2012
(1) An accused on bail, or on summons, must attend
rule 4. at the second mention hearing or a subsequent
mention hearing of a criminal proceeding or any
other listing of that proceeding, whether or not the
accused wishes to apply for an adjournment.
(2) An application for an adjournment referred to in
subrule (1) must be heard or determined by the
Court constituted by a Magistrate or constituted
by a judicial registrar.
(3) In this Rule, attend has the same meaning as it has
in the Criminal Procedure Act 2009.
Rule 31D 31D Dispensing with compliance
inserted by
S.R. No.
118/2012
rule 4.

14
The Court may dispense with compliance with
any of the requirements of this Part either before
or after the occasion for compliance arises.
__________________

15
r. 32

ORDER 3—WARRANTS
32 Form of a warrant to arrest and issue for
non-appearance of the accused
A warrant to arrest issued under section 61 of the
Magistrates' Court Act 1989 or under the
Criminal Procedure Act 2009 must be in
Form 19.
33 Form of a search warrant
A search warrant issued under section 75 of the
Magistrates' Court Act 1989 must be in
Form 20.
34 Form of a remand warrant
A remand warrant issued under section 79 of the
Magistrates' Court Act 1989 must be in
Form 21.
35 Form of a warrant to imprison
A warrant to imprison issued under section 68(a)
or section 68(c) of the Magistrates' Court Act
1989 must be in Form 22.
36 Form of a warrant to imprison for unpaid fines
A warrant to imprison issued under section 68(b)
of the Magistrates' Court Act 1989 must be in
Form 23.
37 Warrant to seize property application
A warrant to seize property issued for the
enforcement of an order made by the Court in a
criminal proceeding must be in Form 24.
Rule 37A 37A Execution of warrant to seize property
inserted by
S.R. No.
59/2011
(1) Money or bank notes belonging to a person named
rule 4. or described in a warrant may be seized under a
warrant to seize property issued for the

16
r. 37B

enforcement of an order made by the Court in a

criminal proceeding but need not be sold.
(2) Cheques, bills of exchange, promissory notes,
bonds, specialties or securities for money
belonging to the person named or described in the
warrant may be seized under a warrant to seize
property issued for the enforcement of an order
made by the Court in a criminal proceeding and
may be held as security for money due under an
order or the unsatisfied part of an order.
(3) For the purposes of property held as security for
money under paragraph (2), when payment
becomes due, the person to whom the warrant is
directed—
(a) may demand and receive payment of the
money; and
(b) may sue in any proper court in the name of
the defendant or in the name of any person in
whose name the person named or described
in the warrant might have sued for the
recovery of the money secured or payable.
Rule 37B 37B Application of Supreme Court rules, practice and
inserted by
S.R. No. procedure
59/2011
rule 4. Subject to this Order, the rules, practice and
procedure of the Supreme Court which apply to or
are adopted by the sheriff in the execution of
warrants of execution apply, with any necessary
modification, to the execution of warrants to seize
property issued for the enforcement of an order
made by the Court in a criminal proceeding.
__________________

17
r. 38

ORDER 4—COMMITTAL PROCEEDING

PART 1—APPEARANCE
38 Notice of Appearance
(1) A legal practitioner who represents an accused in
a committal proceeding must file in the Court and
serve on the informant and the DPP or other
person or body authorised at law to prosecute in
the committal proceeding a Notice of Appearance
in Form 25.
(2) The filing and service of a Notice of Appearance
required by subrule (1) must take place as soon as
practicable after a legal practitioner has received
instructions to represent the accused.
39 Prosecution to provide relevant contact details
(1) Within 7 days after receipt of a Notice of
Appearance, the DPP or the other person or body
authorised at law to prosecute in the committal
proceeding must advise the legal practitioner of
the following relevant contact details—
(a) the name and address of the prosecutor
handling the matter; and
(b) a fax number, an email address, DX number
or address of usual business for the service
of documents on the DPP or the other person
or body authorised at law to prosecute in the
committal proceeding; and
(c) a fax number, an email address, DX number
or address of usual business for the service
of documents on the informant.

18
r. 40

(2) If 21 days before the committal mention date the

DPP or other person or body authorised at law to
prosecute in the committal proceeding has not
received a Notice of Appearance, the DPP or the
other person or body must advise the Court of the
relevant contact details.
40 Legal practitioner ceasing to act
If a legal practitioner ceases to act for a party in a
committal proceeding, the legal practitioner must
as soon as possible—
(a) file notice in the Court that he or she has
ceased to act; and
(b) serve a copy on the informant and the DPP
or other person or body authorised at law to
prosecute in the committal proceeding.

PART 2—SERVICE
41 Mode of service
In a committal proceeding, service of a document
by a party may be effected on an accused, by fax
or electronic transmission by sending the
document to the fax number or email address of
the accused's legal practitioner as advised in
Form 25.
Note
See section 392 of the Criminal Procedure Act
2009 for service of documents on informant or
DPP.
42 Copy of document served by electronic transmission
to be provided upon request
The original document, (if a copy of a document
was served by fax or email), must be retained by
the party serving the document and must be
provided to the Court if the Court so requests.

19
r. 43

PART 3—FILING HEARINGS

43 Orders and directions at filing hearing
At a filing hearing under section 101 of the
Criminal Procedure Act 2009, the Court may fix
a committal mention date on a day according to
the listing protocols of the Court after the
commencement of the proceeding or on such other
day as the Court considers appropriate.

PART 4—COMPULSORY EXAMINATION PROCEDURE

44 Form of application
An application under section 103 of the Criminal
Procedure Act 2009 for a person to attend before
the Court for the purpose of being examined by or
on behalf of the informant or producing a
document or thing or both must be in Form 26.
45 Form of notice of order
For the purposes of section 105 of the Criminal
Procedure Act 2009, notice of an order requiring
a person to attend before the Court must be—
(a) in Form 27, if it is to be served on the
accused; or
(b) in Form 28, if it is to be served on the
person to whom the order relates.

PART 5—PRE-HEARING DISCLOSURE

46 Notice and list of information or other documents to
accompany hand-up brief
(1) For the purpose of section 110(1)(a) of the
Criminal Procedure Act 2009 the prescribed
form of notice is Form 29.

20
r. 47

(2) A list of information or other documents

contained in a hand-up brief under section 110 of
the Criminal Procedure Act 2009 must be in
Form 30.
47 Application to permit accused to be absent from
committal hearing
(1) An application for an accused to be absent from a
committal hearing under section 135 of the
Criminal Procedure Act 2009 must be in
Form 31.
(2) An application under subrule (1) must be made
7 days before the first day of absence from the
committal hearing, unless otherwise directed by
the Court.

PART 6—CASE DIRECTION

48 Prescribed form of case direction notice
For the purpose of section 119(a) of the Criminal
Procedure Act 2009 the prescribed form of a case
direction notice is Form 32.

PART 7—COMMITTAL MENTION AND CASE

CONFERENCE
49 Notice of committal proceeding
On the conclusion of the filing hearing, the
registrar must provide the accused with a notice in
Form 33.
50 Application to Court to fix a longer period for the
holding of a committal mention hearing
If the Court has fixed a committal mention date,
an application under section 126 of the Criminal
Procedure Act 2009 for the Court to fix a longer
period for the holding of a committal mention
hearing must be in Form 34.

21
r. 51

51 Application to Court to fix longer period for

determining of committal proceedings
In any committal proceeding for a sexual offence
to which section 99 of the Criminal Procedure
Act 2009 applies an application for the fixing of a
longer period for determining the committal
proceeding under section 99(3) of that Act must
be in Form 35.
52 Closing of a committal case conference
(1) If the Court directs the parties to attend a
committal case conference, the legal practitioners
representing the informant and the accused must
attend the conference.
(2) The purpose of the committal case conference is
to assist the effective management of the
committal proceeding and timely resolution of
issues.
(3) The Court may order, pursuant to section 125 of
the Magistrates' Court Act 1989, that the whole
or any part of the committal case conference be
heard in closed court, if it is satisfied that this is
necessary to achieve the objective set out in
paragraph (2).

PART 8—COMMITTAL HEARING

53 Application for a joint committal
(1) An application for a joint committal under section
25(4) of the Magistrates' Court Act 1989 must
be made in Form 36.
(2) The registrar of the Court must notify the
Children's Court of any application for a joint
committal.
(3) The registrar of the Court must provide a copy of
an order made by the Court for a joint committal
to the registrar of the Children's Court.

22
r. 54

54 Caution to be given to person charged

For the purposes of section 141(2) of the
Criminal Procedure Act and as provided by
section 398 of the Crimes Act 1958, the caution
set out in section 398 of the Crimes Act 1958 and
in Form 37 may be used by the Court.

PART 9—DETERMINATION OF COMMITTAL

PROCEEDING
55 Notice of election to stand trial
Where an accused elects to stand trial without a
committal proceeding under section 143 of the
Criminal Procedure Act 2009, a notice in
Form 38 must be filed with the Court.
56 Committal caution
For the purposes of section 144(2)(b)(iii) of the
Criminal Procedure Act 2009, the Court may
inform the accused by using the manner of caution
set out in Form 39.
57 Alibi caution
For the purposes of section 144(2)(b)(i) of the
Criminal Procedure Act 2009, the Court may
inform the accused of the provisions of
section 190 of the Criminal Procedure Act 2009
by using the manner of caution set out in Form 40.
58 Legal aid warning
For the purposes of section 144(2)(a) of the
Criminal Procedure Act 2009, the following
caution or a caution to the same effect must be
read to the accused—
"I am required to inform you of the
importance of obtaining legal representation
for the trial and that if you wish to be legally
aided, it is your responsibility to make an

23
r. 59

application to Victoria Legal Aid as soon as

possible.".

PART 10—PROCEDURE AFTER COMMITTAL

59 Application to grant or revoke bail after the accused
is committed to trial
An application for the granting, variation or
revocation of trial bail after the date on which the
committal proceedings have been concluded must
—
(a) in the case of a variation, be in Form 14
under the Bail Regulations 20031; and
(b) be filed with the Court and served, unless the
Court otherwise directs.

PART 11—TAKING EVIDENCE AFTER ACCUSED

COMMITTED FOR TRIAL
60 Form of notice of application
For the purpose of section 149 of the Criminal
Procedure Act 2009, notice of an application for
an order that the evidence of a person be taken at a
time and place fixed by the Court must be in
Form 41.
61 Response to notice of application
When a party receives a notice referred to in
Rule 64 a response must be given to the other
party and the registrar in Form 42.

PART 12—GENERAL
62 Applications for summary hearing of indictable
offences
(1) An application for a summary hearing of an
indictable offence listed for a committal hearing
must be in writing, filed with the Court and served

24
r. 63

on the informant, unless the Court otherwise

directs.
(2) If the application for a summary hearing is
granted by a magistrate in relation to the hearing
of an indictable offence, so far as practicable, the
matter will thereafter proceed before that
Magistrate.
63 Form of application
Unless otherwise provided by these Rules or by or
under any Act, an application in a committal
proceeding must be in Form 31.
64 Filing of application
Unless otherwise provided by these Rules or by or
under any Act, an application is made by filing the
application with the registrar.
65 Service of application
The applicant must serve a copy of an application
on every person to whom notice of the application
is to be given within a reasonable time before the
hearing of the application.
66 Application for a special mention hearing
(1) A party may apply to the Court for a special
mention hearing.
(2) An application must—
(a) set out the purpose of the application for the
special mention hearing; and
(b) be in Form 31.
(3) The Court may of its own motion conduct a
special mention hearing to adequately control and
oversee the progress of the committal proceeding.

25
r. 67

67 Parties may request registrar to cancel a special

mention hearing
(1) If the parties agree that a special mention hearing
should be cancelled, the parties may request the
registrar cancel the special mention hearing.
(2) When the registrar is satisfied that there is no need
for a special mention hearing, the registrar may
cancel the special mention hearing.
(3) A request must be made before the date of the
special mention hearing.
68 Statements prepared in another jurisdiction
For the purposes of section 112(1)(c) of the
Criminal Procedure Act 2009, a statement made
in another jurisdiction of Australia is in the
prescribed form and is attested to in the prescribed
manner if it has been made and attested to in
accordance with the law for making and attesting
statements in committal proceedings in that other
jurisdiction.
__________________

26
r. 69

ORDER 5—APPEALS

PART 1—PRELIMINARY
69 Application
These Rules apply to any appeal from the
Magistrates' Court—
(a) to the County Court under Part 6.1 of
Chapter 6 of the Criminal Procedure Act
2009; and
(b) to the Supreme Court under Part 6.2 of
Chapter 6 of the Criminal Procedure Act
2009.
Note
Refer to the County Court Rules or the Supreme Court
Rules for prescribed forms relating to appeals and how
an appeal may be abandoned.

PART 2—APPEALS TO THE COUNTY COURT UNDER

PART 6.1 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE
ACT 2009
70 Procedure on appeal from Magistrates' Court to
County Court
(1) The registrar must record in the register the filing
of a notice of appeal under section 255,
section 258 or section 261 of the Criminal
Procedure Act 2009.
(2) When a notice of appeal is filed the registrar must
contact the County Court to obtain a date of
hearing for the appeal.
(3) The registrar must recall and cancel any process
in relation to the sentence to which the appeal
relates, subject to section 29 of the Road Safety
Act 1986.

27
r. 70

(4) If bail pending appeal is granted under section 265

of the Criminal Procedure Act 2009 the registrar
must recall and cancel any process in relation to a
custodial sentence to which the appeal relates.
(5) The registrar must forward the following to the
County Court when a notice of appeal is filed—
(a) a copy of the notice of appeal filed;
(b) the original charge-sheet;
(c) the undertaking of bail by the appellant and
surety, if any;
(d) the affidavit of justification or declaration of
justification made by the surety for bail, if
any;
(e) the certified extract of the Court order;
(f) the exhibit sheet and witness cost sheet; and
(g) the address and telephone number of the
Court where the sentence or conviction was
made.
(6) A copy of the charge-sheet, undertaking of bail,
affidavit of justification or declaration of
justification made by the surety for bail, exhibit
sheet, witness cost sheet and the digital recording
of the proceeding that imposed the sentence must
be retained by the registrar in a Court file.
(7) The registrar must forward a copy of the notice of
appeal, certified extracts of the Court order, and
the notification of appeal to the DPP when an
appeal is commenced under section 255 of the
Criminal Procedure Act 2009.
Note
The County Court Rules prescribe the form of the
notice of appeal.

28
r. 71

71 Recall and cancel process when an application for a

stay is granted
(1) If the Court grants an application for a stay under
section 29(2) of the Road Safety Act 1986 the
registrar must notify the Roads Corporation and
the County Court.
(2) The registrar must recall and cancel any process in
relation to the sentence to which the stay was
ordered.
72 Application for leave following late filing of appeal
to the County Court
(1) When a notice of appeal is filed more than
28 days after the day on which the sentence of the
Court was imposed the registrar must record in the
register that an application for leave to appeal has
been made under section 263 of the Criminal
Procedure Act 2009.
(2) When an application for leave to appeal is
recorded under subrule (1) the registrar must
recall and cancel any process issued to give effect
to a sentence that is the subject of the appeal.
Note
A stay of sentence applies to an application for leave to
appeal, as if it were an appeal, see section 3 and section
264 of the Criminal Procedure Act 2009.
73 Application to set aside an order striking out an
appeal in the County Court
The registrar must record in the register that an
application to the County Court to set aside an
order striking out an appeal under section 267(3)
of the Criminal Procedure Act 2009 has been
granted when notified by the County Court.

29
r. 74

PART 3—APPEALS TO THE SUPREME COURT UNDER

PART 6.2 OF CHAPTER 6 OF THE CRIMINAL PROCEDURE
ACT 2009
74 Filing of an appeal from the Magistrates' Court to
the Supreme Court on a question of law
The registrar must record in the register when a
copy of the notice of appeal filed in the Supreme
Court is delivered to the registrar.
75 When the Supreme Court stays a Magistrates'
Court order
(1) When informed that the Supreme Court has
ordered a stay of an order made by the
Magistrates' Court under section 272(11) of the
Criminal Procedure Act 2009 the registrar must
recall any process issued to give effect to that
order.
(2) Where the Supreme Court has ordered a stay of
the operation of an order under section 29(2) of
the Road Safety Act 1986 the registrar must
notify the Roads Corporation.
76 When the Supreme Court makes an order remitting
a case for rehearing to the Magistrates' Court
When informed that the Supreme Court has made
an order under section 272 of the Criminal
Procedure Act 2009 remitting to the Court a case
for rehearing, the registrar must re-list the matter
before the Court.
__________________

30
r. 77

ORDER 6—AUTHENTICATION OF ORDERS AND

WARRANTS
77 Certified extract of an order
A certified extract of an order of the Court issued
under section 18(5) of the Magistrates' Court
Act 1989 must be in Form 43.
78 Particulars of warrants to be entered in the register
For the purposes of section 57(2) of the
Magistrates' Court Act 1989, the following
particulars are prescribed—
(a) type of warrant issued;
(b) date of issue of warrant;
(c) in the case of a warrant to seize property or a
warrant to imprison issued for non-payment
of a fine—
(i) the sum in respect of which the warrant
is issued; and
(ii) the person to whom the warrant is
directed for execution.
79 Authentication of warrants
For the purposes of section 57(9) of the
Magistrates' Court Act 1989 the execution copy
of a warrant produced by a computer data storage
and retrieval system may be authenticated by the
person who issued the warrant including on that
copy—
(a) his or her name; and
(b) the date of issue of the warrant.

31
r. 80

80 Authentication of a digital recording

(1) When a request is made under section 65(6) of the
Evidence Act 2008 to produce a digital recording
of a representation made in the Court a registrar
must file a written request for consideration by the
Chief Magistrate.
(2) Where a request is approved by the Chief
Magistrate the registrar must authenticate the
digital recording by endorsing it with the
Magistrates' Court case file number and date of
the evidence.
__________________

32
r. 81

ORDER 7—TRANSFER OF SUMMARY PROCEEDINGS

81 Transfer of related summary proceeding on or after
committal to the Supreme Court or County Court
The registrar must forward the following for a
transfer of a related summary offence under
section 145 of the Criminal Procedure Act 2009
to the Supreme Court or County Court as the case
requires—
(a) the Magistrates' Court case file number;
(b) the original charge-sheet;
(c) the address and telephone number of the
Court where the proceeding for the summary
offence was commenced;
(d) where the accused has been admitted to bail,
the undertaking, and a surety's affidavit of
justification or declaration of justification.
82 Transfer of an offence that a Magistrate refused to
hear and determine summarily
The registrar must notify the County Court or
Supreme Court of any order of a Magistrate that a
charge is not appropriate to be heard and
determined summarily for the purposes of a
transfer under section 168 of the Criminal
Procedure Act 2009.
83 Transfer of a summary offence that is not a related
summary offence to the Supreme Court or County
Court
(1) When notified of an order to transfer a summary
offence that is not a related summary offence to
the Supreme Court or County Court under
section 243 of the Criminal Procedure Act 2009
the registrar must forward the following to the
relevant court—

33
r. 83

(a) the Magistrates' Court case file number;

(b) the original charge-sheet;
(c) the address and telephone number of the
Court where the proceeding for the summary
offence was commenced;
(d) where the accused has been admitted to bail,
the undertaking, and a surety's affidavit of
justification or declaration of justification.
(2) The registrar must record in the register when a
summary offence that is not a related summary
offence has been transferred under section 243 of
the Criminal Procedure Act 2009.
__________________

34
r. 84

ORDER 8—GENERAL
84 Last known place of residence or business for the
purpose of service
For the purposes of section 394 of the Criminal
Procedure Act 2009, the last known place of
residence or business of an accused is to be
ascertained as follows—
(a) the address given by the accused during the
investigation of the offence; or
(b) the address of the accused appearing on any
valid licence, registration or authority held
by the accused and issued under any other
Act under which the accused is to be
charged; or
(c) if the alleged offence arises out of the
driving or use of a motor vehicle, the address
of the accused appearing on—
(i) the driver licence produced by the
accused at the time of or during the
investigation of the offence; or
(ii) the certificate of registration of the
motor vehicle issued under the Road
Safety Act 1986 or under any
corresponding Act or law of any other
State or Territory; or
(d) if the alleged offence arises out of the use
of a vessel within the meaning of the Marine
Act 1988, the address of the accused
appearing on the certificate of registration of
the vessel as prescribed under the Marine
Act 1988 or under any corresponding Act or
law of any other State or Territory.

35
r. 85

85 Issue of some warrants to seize property

For the purposes of section 73(3AA) of the
Magistrates' Court Act 1989 the prescribed
particulars are—
(a) the direction of the warrant to the sheriff;
and
(b) the sum in respect of which the warrant is
issued.
86 Prescribed member of a class of persons who may
witness statements
For the purposes of clause 30 of Schedule 3 to the
Criminal Procedure Act 2009 the following
person, or member of a class of persons who may
witness statements in a preliminary brief, full brief
or hand-up brief are—
(a) an officer at Australian Public Service
Level 5 or higher who is an investigator in
the Commonwealth Department of the
Environment, Water, Heritage and the Arts;
(b) a person employed by the Registry of Births,
Deaths and Marriages at the Victorian Public
Service Grade 5 or higher with the delegated
authority of the registrar under the Births,
Deaths and Marriages Registration Act
1996;
Rule 86(c) (c) an officer of a Commonwealth Government
amended by
S.R. No. Department or Agency at or equivalent to
18/2011 Australian Public Service Level 5 or higher
rule 4(a).
who has an investigatory role or function;

36
r. 86

Rule 86(d) (d) an inspector appointed under the Legal

inserted by Profession Act 2004;
S.R. No.
18/2011
rule 4(b),
amended by
S.R. No.
150/2011
rule 5(1).

Rule 86(e) (e) an authorised officer appointed by a Council

inserted by
S.R. No. under section 224 of the Local Government
150/2011 Act 1989.
rule 5(2).

Note
Refer to Schedule 3 to the Criminal Procedure
Act 2009 for other persons who may witness
statements in a preliminary brief, full brief or
hand-up brief.
__________________

37
r. 87

ORDER 9—AUDIO VISUAL OR AUDIO LINKING

87 Definition
In this Order, the Act means the Evidence
(Miscellaneous Provisions) Act 1958.
88 Request for appearance via audio visual link
Notice of a request for the appearance of an
accused via audio visual link under section 42K of
the Act must be—
(a) filed with the Court Coordinator; and
(b) in Form 44.
Rule 89 89 When a person may appear by audio visual link or
amended by
S.R. No. audio link
123/2011
rule 3. Unless the Court otherwise directs, an application
under section 42E(1) of the Act must be made in
accordance with Order 41A of the Magistrates'
Court General Civil Procedure Rules 2010.
90 Application for the physical appearance of a person
when otherwise not required
Unless the application is made in accordance with
section 42L(5) of the Act—
(a) notice of an application under section 42L of
the Act must be in Form 45; and
(b) a copy of the notice must be served as soon
as practicable after the notice has been filed;
and
(c) service may be by pre-paid post.

38
r. 91

91 Application for appearance of a person by audio

visual link where physical appearance otherwise
required
Unless the application is made in accordance with
section 42M(5) of the Act—
(a) notice of an application under section 42M
of the Act must be in Form 46; and
(b) a copy of the notice must be served as soon
as practicable after the notice has been filed;
and
(c) service may be by pre-paid post.
92 Application for direction a person appear by audio
visual link
Unless the application is made in accordance with
section 42N(3) of the Act—
(a) notice of an application under section 42N of
the Act must be in Form 46; and
(b) a copy of the notice must be served as soon
as practicable after the notice has been filed;
and
(c) service may be by pre-paid post.
93 Application for direction a child appear by audio
visual link
Unless the application is made in accordance with
section 42P(5) of the Act—
(a) notice of an application under section 42P of
the Act must be in Form 46; and
(b) a copy of the notice must be served as soon
as practicable after the notice has been filed;
and
(c) service may be by pre-paid post.
__________________

39
r. 94

ORDER 10—INFRINGEMENTS COURT AND FINES

PART 1—INFRINGEMENTS COURT

94 Infringements Court
The venue of the Court prescribed under section
16(1A)(m) of the Magistrates' Court Act 1989 at
which any particular proceeding or class of
proceeding or procedure set out in the
Infringements Act 2006 is to be brought is
444 Swanston Street Carlton.
95 Appearance by audio visual link Infringements
Court
Notice of the appearance of an accused via audio
visual link under section 42K of the Evidence
(Miscellaneous Provisions) Act 1958 must be—
(a) filed with the Court Coordinator; and
(b) in Form 44.

PART 2—FINES
96 Definitions
In this Part—
offender means a person on whom the Court has
imposed a fine;
person in default means a person who has failed
to pay a fine or an instalment under an
instalment order and includes a director of a
body corporate who is the subject of a
declaration under section 91 of the
Infringements Act 2006;
regional manager, in relation to an intensive
correction order or a community-based
order, means the person appointed under
Part 4 of the Corrections Act 1986 to be the
Regional Manager of the region in which the

40
r. 97

community corrections centre specified in

the order is located.
97 Proper officers
For the purposes of Division 4 of Part 3 of the
Sentencing Act 1991, all registrars and deputy
registrars are proper officers of the Court.
98 Application for time to pay, instalment order or
variation of instalment order
An application under section 55 of the Sentencing
Act 1991 by an offender must be made by—
(a) making an oral application to the proper
officer during normal business hours and, in
the case of an application under section 55(1)
(d) of that Act, filing a completed Form 48
with the proper officer; or
(b) if the offender—
(i) is resident outside Victoria; or
(ii) is held in a prison, police gaol or youth
justice centre; or
(iii) is unable to attend personally because
of illness, infirmity or distance from the
Court—
by sending, in the case of an application
under section 55(1)(a), 55(1)(b) or 55(1)(c)
of that Act, a completed Form 47; and
(c) in the case of an application under section
55(1)(d) of that Act, a completed Form 48 by
post to the proper officer.
99 Consideration of application
(1) The proper officer must consider an application
under section 55(1) or 55(2) of the Sentencing
Act 1991 as soon as practicable.

41
r. 100

(2) In considering an application the proper officer

may—
(a) question the offender about his or her
financial circumstances; and
(b) require the offender to produce any
document concerning his or her financial
circumstances that is reasonably accessible
to the offender.
(3) The proper officer may—
(a) adjourn an application for a total period not
exceeding 28 days from the day on which the
application is considered by the proper
officer; and
(b) stay execution of the fine during the
adjournment.
100 Determination of the application
(1) An order made under section 55(1)(a) of the
Sentencing Act 1991 for time to pay a fine must
include the date by which the fine is to be paid.
(2) An instalment order or variation of an instalment
order made under section 55(1)(b) or 55(1)(c) of
the Sentencing Act 1991 must include—
(a) the total amount to be paid; and
(b) the amount of each instalment; and
(c) the date on which each instalment must be
paid.
(3) A community-based order made under section
55(1)(d) of the Sentencing Act 1991 must be in
Form 50.
(4) The proper officer must cause a copy of the order
to be delivered to the applicant personally or by
post without delay.

42
r. 101

101 Enforcement of fines against a natural person

(1) The prescribed form for a consent under section
62(7)(b) of the Sentencing Act 1991 to the
making of a community-based order requiring a
person in default to perform unpaid community
work is Form 49.
(2) The statement in writing required by section 62(8)
of the Sentencing Act 1991 must be in Form 50.
(3) A community-based order under section 62(9) of
the Sentencing Act 1991 requiring a person in
default to perform unpaid community work must
be in Form 52.
102 Enforcement of fine against body corporate
A statement in writing required by section 66(3)
of the Sentencing Act 1991 to be delivered by the
person making a demand for payment to a body
corporate in default—
(a) must be in Form 51; and
(b) may be served by leaving it at the
registered office of the body corporate.
103 Summons for warrant to seize property returned
unsatisfied
(1) The form of a summons issued under
section 64(1) of the Sentencing Act 1991 is
Form 53.
(2) A summons under section 64(1) of the Sentencing
Act 1991 may be issued by a registrar of the Court
under the direction of a magistrate.
(3) If the last known address of the person in default
is within Victoria, a summons issued under
paragraph (2) may be served by post directed to
that address.

43
r. 104

(4) If a person in default—

(a) has been taken into custody in accordance
with a warrant to arrest issued under
section 64 of the Sentencing Act 1991; and
(b) the outstanding amount of the fine specified
in the warrant is paid—
the person may be released from custody without
being taken before the Court.
104 Declaration of liability of a director for offence of
body corporate
The informant or police prosecutor must give
notice of an application for a declaration under
section 50(6) of the Sentencing Act 1991 to any
person who was a director of the body corporate at
the time of the commission of the offence by—
(a) not less than 14 days before the date of
hearing of the application posting a true copy
of the application addressed to the director at
his or her last known place of residence or
business; or
(b) not less than 5 days before the date of
hearing of the application—
(i) delivering to the director personally a
true copy of the application; or
(ii) leaving a true copy of the application
for the director at his or her last known
place of residence or business with a
person who apparently resides or works
there and who is apparently not less
than 16 years old.
__________________

44
Form 1

FORMS

FORM 1
Rule 11
CHARGE-SHEET
To the Date of Hearing
Accused M F Date of Birth
Registration No. State
Licence No. State
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
1. What is the charge?

(Description of offence)
Section
or
Act or Clause
Under what  State  Act Regulation (Full
law? No. Ref.)
 Commonwealth  Regulation
 Other—
specify
Are there more  No  Yes—see 2 below
charges?
Type of offence  Summary offence  Indictable offence
Request for  No  Yes
committal
proceeding

45
Form 1

2. What is the charge?

(Description of offence)
Section
or
Act or Clause
Under what  State  Act Regulation (Full
law? No. Ref.)
 Commonwealth  Regulation
 Other—
specify
Are there more  No  Yes—see
charges? "Continuation of
Charges" attached
Type of offence  Summary offence  Indictable offence
Request for  No  Yes
committal
proceeding

Who filed the charge-sheet(s)?

(Informant):
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
__________________

46
Form 2

FORM 2
Rule 11
CONTINUATION OF CHARGES
Page No.
Person charged:
(Description of offence)
Act or Section or Clause
 State  Act Regulation No. (Full Ref.)
 Commonwealth  Regulation
 Other—
specify
 Summary offence  Indictable offence
Request for  No  Yes
committal
proceeding
(Description of offence)
Act or Section or Clause
 State  Act Regulation No. (Full Ref.)
 Commonwealth  Regulation
 Other—
specify
 Summary offence  Indictable offence
Request for  No  Yes
committal
proceeding
Are there more charge(s)?  No  Yes—see page No.

Signature of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:

47
Form 2

Signature of Registrar:
Date:
Filed at:
Date:
__________________

48
Form 3

FORM 3
Rule 11
CHARGE-SHEET AND SUMMONS
To the
Accused M F Date of Birth
Registration No. State
Licence No. State
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
What is the charge?
(Description of offence)
Section or
Act or Clause
Under what  State  Act Regulation (Full Ref.)
law? No.
 Commonwealth  Regulation
 Other—
specify
Are there more  No  Yes—see
charges? "Continuation of
Charges" attached
Type of offence  Summary offence  Indictable offence
Request for  No  Yes
committal
proceeding

Who filed the charge-sheet(s)?

(Informant)
Agency and Address:
Phone:
Email:
Fax No.:

49
Form 3

Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
Where will the case be heard?

The Magistrates' Court at [venue]

Address Phone
When Time Day Month
Year

Details about this summons

Issued at:
Date:

Registrar:
Magistrate:
Member of the police force:
Prescribed person:
__________________

50
Form 4

FORM 4
Rule 11
CHARGE-SHEET AND SUMMONS
(CORPORATE ACCUSED)
To the
Corporate Accused:
Registration No. State
Licence No. State
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
What is the charge?
(Description of offence):
If you do not appear in answer to a summons and the charge is
an indictable offence that may be determined summarily the
Magistrates' Court may hear and determine the charge in your
absence.
If you do not appear in answer to a summons for an indictable
offence the Magistrates' Court may conduct a committal
proceeding in your absence.
Section or
Act or Clause
Under what o State o Act Regulation No. (Full Ref.)
law?
o Common- o Regulation
wealth
o Other—
specify
Are there more o No o Yes—see "Continuation
charges? of Charges" attached
Type of offence o Summary offence o Indictable offence
Request for o No o Yes
committal
proceeding

51
Form 4

Who filed the charge-sheet(s)?

(Informant)
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
Where will the case be heard?
The Magistrates' Court at [venue]
Address Phone
When Time Day Month
Year

Details about this summons

Issued at:
Date:

Registrar:
Magistrate:
Member of the police force:
Prescribed person:

52
__________________

53
Form 5

FORM 5
Rule 11
CHARGE-SHEET AND WARRANT TO ARREST
To the
Accused M F Co. Date of Birth
Registration No. State
Licence No. State
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
What is the charge?
(Description of offence):
Section or
Act or Clause
Under what o State o Act Regulation No. (Full Ref.)
law?
o Common- o Regulation
wealth
o Other—
specify
Type of offence o Summary offence o Indictable offence
Request for o No o Yes
committal
proceeding

Who filed charge(s)?

(Informant)
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:

54
Form 5

Signature of Informant:
Date:
Charge-sheet 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
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.
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
__________________

55
Form 6

FORM 6
Rule 12
DO NOT IGNORE THIS NOTICE
Do not ignore this notice.
If you do not understand this notice, you should get someone to
interpret it for you immediately.
Seek legal advice.
A legal practitioner can help you decide what steps you need to
take.
For free legal information or to speak to a legal practitioner call:
Victoria Legal Aid [insert telephone number]
Federation of Community Legal Centres to find the centre
closest to you [insert telephone number]
Victoria Aboriginal Legal Service [insert telephone
number]
(Information to the effect of this advice to be printed in English,
Arabic, Cambodian, Chinese, Greek, Italian, Polish, Russian,
Spanish, Turkish and Vietnamese languages.)
__________________

56
Form 7

FORM 7
Rule 14
NOTICE TO APPEAR
(Section 21 of the Criminal Procedure Act 2009)
Person served:
Family name:
First name(s):
Street name and number:
Suburb/Town: Postcode:
Date of birth:

YOU ARE REQUIRED TO APPEAR BEFORE THE

MAGISTRATES' COURT AT
[Full street address of the venue of the court]
ON AT
[Date] [Time]

YOU ARE SUSPECTED OF HAVING COMMITTED THE

FOLLOWING OFFENCES
[These are general particulars of the offence(s) only]

THE SUSPECTED OFFENCES WERE COMMITTED IN THE

FOLLOWING MANNER:
[General terms of the circumstances of the suspected offences]
Member of the police force or person authorised to act:
Agency and address:
Phone:
Email:
Fax No.:
Agency ref.:

57
Form 7

Date:

IMPORTANT INFORMATION—DO NOT IGNORE THIS

NOTICE—SEEK LEGAL ADVICE
You must appear on [date] at [venue] Magistrates' Court if you
get a copy of a charge-sheet and a preliminary brief. This means
you have been charged with an offence. You will get a copy of
the charge-sheet and preliminary brief within 21 days of getting
this notice.
You should immediately seek advice from your legal
practitioner, Victoria Legal Aid [insert address and telephone
number] or a community legal service.
If you do not appear at court, the magistrate may:
● hear and decide your case and may impose a penalty based on the
information in the preliminary brief; or
● order that you be arrested and brought before the Court.
If a charge is not filed with the Court within 14 days of this
notice being given to you the notice will lapse, and you will not
have to appear at the Magistrates' Court. Written notice of this
will be provided to you 7 days after the notice lapses.

AFFIDAVIT OF SERVICE THAT A COPY OF THIS NOTICE

WAS SERVED PERSONALLY ON THE ABOVE NAMED
PERSON
I [full name] of [address], [authorised officer]*swear/declare
that I served a true copy of this notice to appear on [date] at
[time] by—
*giving it to the person personally at [address]
*putting it down in the person's presence and telling the person
the nature of the document.
*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.

58
Form 7

*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
(Miscellaneous Provisions) Act 1958 to witness the signing of
a statutory declaration.

*a person authorised under section 123C(1) of the Evidence

(Miscellaneous Provisions) Act 1958 to take an affidavit.
*Delete if not applicable.
__________________

59
Form 8

FORM 8
Rule 17
PRE-HEARING DISCLOSURE NOTICE FOR MATTERS TO BE
DETERMINED SUMMARILY
(Section 13 of the Criminal Procedure Act 2009)
You have been charged with an offence that can be heard
summarily. You should speak to a legal practitioner (a lawyer)
immediately.
How can you get more information about your charge:
Your charge-sheet will have some information about the charge.
If you want more information, at any time you or your legal
practitioner can make a request in writing to the informant (the
person who charged you) for—
● a preliminary brief;
● a full brief (if you have been served with a Notice to
Appear, you can ask only for a full brief after a summary
case conference); and
● information or copies of what is listed in the preliminary
or full brief at least 7 days (or more) before the next court
date.
What the informant must do:
When the informant receives a request for more information
from you or your legal practitioner he or she has—
● 14 days to give you a preliminary brief; or
● at least 14 days to give you a full brief before your
contest mention or summary hearing; and
● 7 days to respond to your request.
The informant also must give you a list or copy of any new
information that is relevant to the charge as soon as it is
available to him or her.
In some cases, the informant can refuse to give you information.
The informant must give you a notice in writing that explains

60
Form 8

why your request has been refused. Some of the reasons the
informant may refuse your request are that disclosure of the
information would—
● prejudice the investigation, enforcement or proper
administration of the law; or
● prejudice a fair hearing of a charge or impartial
adjudication of a particular case; or
● enable a person to ascertain the identity of a confidential
source of information in relation to the enforcement or
administration of law; or
● disclose methods or procedures of preventing, detecting,
investigating contraventions or evasions of the law, the
disclosure of which would be reasonably likely to
prejudice the effectiveness of those methods or
procedures; or
● endanger the life or physical safety of persons or their
families, engaged in, or in connection with, law
enforcement or persons who have provided confidential
information in relation to the enforcement or
administration of the law; or
● endanger the life or physical safety of a person referred to
in section 43(1)(a) of the Criminal Procedure Act 2009
or of a family member, as defined in the Family Violence
Protection Act 2008, of such a person; or
● the informant may refuse disclosure of any information,
document or thing that is requested under section 43(1)(d)
of the Criminal Procedure Act 2009 on any ground for
refusal of a witness summons; or
● the informant may refuse to disclose the particulars of any
previous conviction of any witness who the informant
intends to call at the hearing if the previous conviction
because of its character is irrelevant to the proceeding.
What can you do if the informant refuses to give you
information?
You can apply to the Magistrates' Court for an order if you—

61
 ● get a written notice from the informant that they refuse to
give you the requested information; or
● believe there is information that has not been disclosed
that is relevant to your case.
Your legal practitioner can advise of how to apply for an order
of the Magistrates' Court that the information be disclosed.
Get legal advice before you go to court
A legal practitioner can help you understand the charges and
decide what steps you need to take.
For free legal information or to speak to a legal practitioner call:
Victoria Legal Aid [insert telephone number]
Federation of Community Legal Centres to find the centre
closest to you [insert telephone number]
Victoria Aboriginal Legal Service [insert telephone
number]
If you are eligible you have a right to legal aid under the Legal
Aid Act 1978. Contact Victoria Legal Aid [insert address and
telephone number].
__________________

62
Form 9

FORM 9
Rule 17
PRE-HEARING DISCLOSURE NOTICE FOR MATTERS TO BE
DETERMINED BY A COMMITTAL PROCEEDING
(Section 13 of the Criminal Procedure Act 2009)
You have been charged with an indictable offence.
You should speak to a legal practitioner (a lawyer) immediately.
How can you get information about your charge?
Your charge-sheet will have some information about the charge.
More information about the charge will be provided to you
when the informant (the person who charged you) gives you a
hand-up brief or plea brief.
Hand-up Brief:
The informant must give you a hand-up brief and a statement
that you have no previous convictions or a copy of your criminal
record at least 42 days before the committal mention hearing.
Plea Brief:
If you have decided to plead guilty to the charge the informant
may give you a plea brief. The informant may only give you a
plea brief if you have given your written consent.
Continuing obligation of disclosure:
The informant has an obligation to disclose to you any
information, document or thing that comes into their possession
after a hand-up brief is given to you. The informant must give
you a copy of the information or list of things as soon as
possible after it comes into their possession.
Inspection of exhibits
You may inspect any of the items listed in a hand-up brief at a
time and place agreed with the informant.
Get legal advice before you go to court

63
Form 9

A legal practitioner can help you understand the charges and

decide what steps you need to take.

For free legal information or to speak to a legal practitioner call:

Victoria Legal Aid [insert telephone number]
Federation of Community Legal Centres to find the centre
closest to you [insert telephone number]
Victoria Aboriginal Legal Service [insert telephone
number]
If you are eligible you have a right to legal aid under the Legal
Aid Act 1978. Contact Victoria Legal Aid [insert address and
telephone number].
__________________

64
Form
10

FORM 10
Rule 18
NOTICE ACCOMPANYING PRELIMINARY BRIEF
(Section 37 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue]
Date of hearing:
To the Accused:
Family name: First names:
Address: Postcode:
The attached preliminary brief contains the following
information, document or thing available at the time of
preparation:
 A copy of the charge-sheet setting out the charges against
you
 A copy of the Notice to Appear
 A statement made by the informant (the person who
charged you) personally sworn, signed or attested
 A copy of your criminal record or a statement that you
have no previous convictions
 Any evidentiary certificate issued under any Act
 A list of any other orders that are or will be sought
 Any information, document or thing that is relevant to the
alleged offence that may assist you to understand the
evidence against you that is available to the prosecution
Specify:
 A written notice that the informant refuses to disclose any
information, document or thing (Note: In some cases, the
informant can refuse to give you information, but they
must explain why by giving you a notice in writing)

65
Form
10
Police Member/
Authorised Officer
Name/Rank/Number:
Agency and Address:
Phone:
Email:
Fax:
Date:
Signature:

DO NOT IGNORE THIS NOTICE

Are you charged with a summary offence or an indictable
offence?
To find out whether your offence is a summary offence or an
indictable offence, check which box has been ticked on your
charge-sheet.
Get legal advice before you go to court
This notice should have a preliminary brief with it.
A legal practitioner (a lawyer) can help you decide what steps
you need to take in relation to your charge and the preliminary
brief given to you.
If you are eligible, you have a right to legal aid under the Legal
Aid Act 1978. Contact Victoria Legal Aid [insert address and
telephone number].

IF YOU ARE CHARGED WITH A SUMMARY OFFENCE

AND DO NOT APPEAR AT COURT
If you have been charged with a summary offence, and you do
not appear at court on the date on your summons or Notice to
Appear, the magistrate may—
● make a decision without you about your case and issue a
penalty based on the information in the preliminary brief;

66
Form
10
● order that you be arrested and brought before the court;
● if you have been charged and released on bail you must
attend at court, or you may be arrested and charged with
an additional offence.
HOW THE MAGISTRATE MAKES A DECISION WITHOUT
YOU FOR A SUMMARY OFFENCE
The magistrate may base the decision on the information in the
preliminary brief, if the brief—
● was given to you at least 14 days before the date of the
hearing; and
● stated the offence with which you have been charged.
The magistrate cannot use your criminal record to decide if you
are guilty or not, but can consider your criminal record when
deciding what your penalty will be.
There are some penalties that a magistrate cannot give you
without you being at court. If the magistrate is considering
these penalties, the hearing must be adjourned and you may be
arrested and brought to court.

IF YOU ARE CHARGED WITH AN INDICTABLE

OFFENCE AND DO NOT APPEAR AT COURT
If you have been charged with an indictable offence, you must
appear at court on the date on your Summons or Notice to
Appear.
The magistrate cannot hear and decide your case without you
(unless the charges are against a corporation) and may order that
you be arrested and brought before the court. If you have been
charged and released on bail and do not attend court, you may
be arrested and charged with an additional offence.

FURTHER INFORMATION
Contact the registrar at your local Magistrates' Court for further
information.
__________________

67
Form
11

FORM 11
Rule 19
NOTICE ACCOMPANYING FULL BRIEF
(Section 41 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue]
Date of hearing:
To the Accused:
Family name: First names:
Address: Postcode:
The attached full brief contains the following information,
document or thing available at the time of preparation:
 A copy of the charge-sheet setting out the charges against
you
 A copy of your criminal record or a statement that you
have no previous convictions
It also contains any information the prosecution intends to use at
the hearing:
 A copy of any statement(s) that you have signed
 Your record of interview
 A copy of any audiovisual recording or transcript relating
to the taking of a forensic procedure
 A list of witnesses at the hearing and copies of their
statements
 Legible copies of any documents
 A list of any exhibits (objects) and detailed descriptions—
if these cannot be described, a clear photograph must be
included

68
Form
11
 Details of any forensic procedure, examination or test that
has not been completed
 Any evidentiary certificate issued under any Act that is
likely to be relevant to the alleged offence

It also contains anything else relevant to the alleged offence that

the prosecution does not intend to use at hearing:
 A list of the people who have made written statements and
copies of their statements
 A list of the people who have provided information and
summaries of what they said
 A list of any exhibits and detailed descriptions or clear
photographs
 A copy of medical examination records or results of
forensic procedures that have been conducted
 A written notice of any information, document or thing.
(Note: In some cases, the informant (the person who
charged you) can refuse to give you information, but they
must explain why by giving you a notice in writing)
Police Member/
Authorised person
Name/Rank/Number:
Agency and Address:
Phone:
Email:
Fax:
Date:
Signature:

69
DO NOT IGNORE THIS NOTICE
Are you charged with a summary offence or an indictable
offence?
To find out whether your offence is a summary offence or an
indictable offence, check which box has been ticked on your
charge-sheet.
Get legal advice before you go to court
This notice should have a full brief with it.
A legal practitioner (a lawyer) can help you decide what steps
you need to take in relation to your charge and the full brief
given to you.

If you are eligible, you have a right to legal aid under the Legal
Aid Act 1978. Contact Victoria Legal Aid [insert address and
telephone number].

IF YOU ARE CHARGED WITH A SUMMARY OFFENCE

AND DO NOT APPEAR AT COURT
If you have been charged with a summary offence, and you do
not appear at court on the date on your summons or Notice to
Appear, the magistrate may—
● make a decision without you about your case and issue a
penalty based on the information in the full brief;
● order that you be arrested and get the police to bring you to
court;
● if you have been charged and released on bail you must
attend at court, or you may be arrested and charged with an
additional offence.

70
Form
11
HOW THE MAGISTRATE MAKES A DECISION WITHOUT
YOU FOR A SUMMARY OFFENCE
The magistrate may base the decision on the information in the
full brief, if the brief—
● was given to you at least 14 days before the date of the
hearing; and
● stated the offence with which you have been charged.
The magistrate cannot use your criminal record to decide if you
are guilty or not, but can consider your criminal record when
deciding what your penalty will be.
There are some penalties that a magistrate cannot give you
without you being at court. If the magistrate is considering
these penalties, the hearing must be adjourned and you may be
arrested and brought to court.

IF YOU ARE CHARGED WITH AN INDICTABLE

OFFENCE AND DO NOT APPEAR AT COURT
If you have been charged with an indictable offence, you must
appear at court on the date on your Summons or Notice to
Appear.
The magistrate cannot hear and decide your case without you
(unless the charges are against a corporation) and may order that
you be arrested and brought before the court. If you have been
charged and released on bail and do not attend court, you may
be arrested and charged with an additional offence.

FURTHER INFORMATION
Contact the registrar at your local Magistrates' Court for further
information.
__________________

71
Form
12

FORM 12
Rule 22
REQUEST FOR CONTESTED SUMMARY HEARING
In the Magistrates' Court of
Victoria at [venue] Court Reference:
BETWEEN: [name of informant]
v.
[name of accused]

TAKE NOTICE that—

o The accused is represented by:
o The accused is not legally represented
Estimated Hearing Time: [insert number of hour(s)/day(s)]
A Summary Case Conference has been held:
Yes/No

WITNESSES ISSUES IN DISPUTE

REQUIRED
Prosecution: Factual Argument Yes/
No
Informant Yes/No Question of Law Yes/
No
Corroborator Yes/No Self Defence Yes/
No
Other Police Yes/No Alibi Yes/
No
Civilian Yes/No Voire Dire Yes/
No
Expert Yes/No Admissions/Concessio Yes/
ns No
Child Yes/No If yes, provide

72
Form
12
description:
Protected Witness Yes/No
Accused: Yes/No
Informant Yes/No
Corroborator Yes/No
Other Police Yes/No
Civilian Yes/No
Expert Yes/No

Child Yes/No
Protected Witness Yes/No

OFFENCES
Co-offenders: Yes/No
If yes, names of co-offenders if known:
Is it an alleged sexual offence: Yes/No
Is it alleged that the offence arises out of an act of family
violence: Yes/No

RESOURCES REQUIRED
Audiovisual link Yes/No Interpreter Yes/N
o
Remote Witness Yes/No If yes, language
Facility required:
In-Court screens Yes/No DVD/Video/TV Yes/N
o

REQUEST MATTER BE LISTED FOR A CONTESTED

HEARING
[Signature of Legal Practitioner of Accused or Accused]
[Signature of Police Prosecutor]

73
Note if the accused is not legally represented this form is to be
completed by the prosecution relevant to the information in their
possession.
__________________

74
Form
13

FORM 13
Rule 24
WITNESS SUMMONS
In the Magistrates' Court of
Victoria at [venue] Court Reference:

To the Witness
DETAILS OF THE CASE
Name of person charged: [Accused]
Summary of the charges:
Who filed the charges? [Informant]
Agency and address:
Email Addresss: Phone No.:
WHAT YOU HAVE TO DO
You must bring this summons with you and
 come to court to give evidence in the proceeding
 come to court to give evidence and also produce at the
hearing the following documents or things that are in your
possession or control
 produce at the hearing the following documents or things
that are in your possession or control
If you are required to give evidence, you must attend at the
hearing.
If you fail to attend the hearing or give evidence in
accordance with this document a warrant for your arrest may
be issued.
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

75
Form
13
receives them not later than 2 days (excluding Saturdays,
Sundays or other holidays) before the date on which you are
required to attend.

WHERE WILL THE CASE BE HEARD?

The Magistrates' Court at [venue]
Address: Phone:
When Time Day Month
Year

Details about this summons

Issued at:
Date:
Issued by:
Registrar:
Magistrate:
Summons filed by: [identify party]
__________________

76
Form
14

FORM 14
Rule 26
NOTICE OF ALIBI
(Section 51 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue] Court Reference:

To the prosecutor or the informant

Informant: [full name]
Accused: [full name]
Charge-sheet filed on: [date]
Nature of offence:
On [date] in the Magistrates' Court at [venue] the accused will
appear for the above offence.
Take notice that the accused intends to adduce evidence at the
hearing in support of an alibi and provides the following
information in support of the alibi: [If space insufficient attach a
separate sheet.]
(a) [State the name of each witness the accused proposes to
call];
(b) [State the current address of each witness, if known to the
accused];
(c) [Last known address of each witness. If the name and
address of a witness is not known, the accused must state
any information which might be of material assistance in
finding the witness];
(d) [State the facts on which the accused relies].
This notice may be given to the prosecutor or informant, by
handing it to them at a hearing in relation to the charge, or by
sending it by prepaid ordinary post to a nominated business

77
address, by sending it to a nominated fax or email address, or by
leaving the notice at the nominated business address with a
person who appears to work there or in any other manner agreed
with the informant or prosecutor.
If the accused is in a prison or a police gaol, the officer in charge
of the prison or police gaol will arrange for this notice, when
completed by the accused, to be given or sent to the prosecutor
or informant.
__________________

78
Form
15

FORM 15
Rule 28
CASE ABRIDGEMENT APPLICATION
In the Magistrates' Court of
Victoria at [venue] Court Reference:

Applicant:
Date of application:
Name of accused:
Date of birth:
Current date of hearing:
Abridgement date:
Reason for abridgement:
Abridged by consent: Yes/No
Accused in custody: Yes/No
Notice given to central prison records: Yes/No
Signature of applicant:
Date:
__________________

79
Form
16

FORM 16
Rule 29
APPLICATION—IDENTITY CRIME
In the Magistrates' Court of
Victoria at [venue] Court Reference:
This application is made by:
 the victim
 a person on behalf of the victim
 the prosecutor of the identity crime offence
Name of Applicant:
In the matter of: [Prosecuting Agency] and [Offender]
I [name of applicant] apply *on behalf of [name of victim]*as a
victim of identity crime, for a certificate under section 89F of
the Sentencing Act 1991.
[Accused] was found guilty of an identity crime offence under
Division 2AA of Part I of the Crimes Act 1958 on [date of
conviction].
Victim:
Name:
Date of birth:
Address:
Informant:
Agency and address:
Phone:
Email:
Fax No.:
This application relates to the following identity crime
offence(s):
[State identity crime]

80
Date of offence(s):
Particulars of offence(s):
Signature of Applicant:
Date:
*Delete if not applicable
__________________

81
Form
17

FORM 17
Rule 29
IDENTITY CRIME CERTIFICATE
In the Magistrates' Court of
Victoria at [venue] Court Reference:

IN THE MATTER of an application under section 89F of the

Sentencing Act 1991 for an identity crime certificate
The Magistrates' Court issues this identity crime certificate
under section 89F of the Sentencing Act 1991.
On [date] the Court found [name of offender] guilty of an
identity crime offence.
1. The identity crime offence to which this certificate relates is
[specify identity crime offence and date of offence]
2. The name of the victim of the identity crime offence is
[name of victim]
*3. The Court considers the following other matters are
relevant: [specify any other relevant matters, for example
address of victim, date of birth, gender]
Date:
[Signature of Magistrate]
*Delete if not applicable
__________________

82
Form
18

FORM 18
Rule 31
APPLICATION FOR A REHEARING
(Section 88 of the Criminal Procedure Act 2009)

Informant's name Date of birth

Agency Licence No.
Accused's name Phone No.
Address Postcode
THIS APPLICATION WAS FILED BY: *THE
ACCUSED/*THE INFORMANT ON BEHALF OF THE
ACCUSED
On [date] the Magistrates' Court at [venue] found the accused
guilty of
and ordered:
The order was made in the absence of the accused. The reason
for the accused's non-attendance was:
[specify reasons]
The charge-sheet was served  personally  by post
 other
On [date] the accused intends to apply to the Magistrates' Court
at [venue] for an order that the sentencing 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 [date] the accused intends to apply to the Magistrates' Court
at [venue] for an order that the order affecting the driver's

83
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 accused
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) giving a copy of this application to the informant or a
person representing the informant at a hearing in
relation to the charge; or
(b) by sending a copy of the application by prepaid
ordinary post addressed to the informant at the business
address nominated by the informant; or
(c) by sending a copy of the application by fax or email
addressed to the informant at the fax number or email
address nominated by the informant; or
(d) by leaving a copy of the application for the informant at
the informant's business address with a person who
appears to work there.
Once you have served the document you must fill in the
''Affidavit 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 7 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 7 days
before the court date for that application.

84
Form
18
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
accused you must serve a copy of the notice in the same manner
as a summons may be served.
__________________

85
Form
19

FORM 19
Rule 32
WARRANT TO ARREST
(Section 61 of the Magistrates' Court Act 1989)
(Criminal Procedure Act 2009)
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? the accused failed to appear before the
Court in answer to a charge and summons.
 the accused failed to attend before the
Court in accordance with his or her bail.
 the accused failed to appear before the
Court in answer to a notice to appear.
 the person was served with a witness
summons and failed to attend before the
Court on in answer to that
witness summons.
 Other—give details.
The accused 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:

86
Form
19
* break, enter and search, if necessary, any place where the
person named or described in this warrant is suspected to
be;
* 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
practicable to be dealt with according to law.

OR
release him or her on bail in accordance with the
endorsement below.
The person named in the warrant may be discharged on bail
under section 10 of the Bail Act 1977.
Issued at Date
Issued by
Registrar*/Magistrate*:
[signature]

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
on the following conditions:

Magistrate Date
*Delete if not applicable
__________________

87
Form
20

FORM 20
Rule 33
SEARCH WARRANT
(Section 75 of the Magistrates' Court Act 1989)
Court Ref.
Name and/or description of person or article, thing or material

Place/vehicle located in a public place where search will be

conducted for article, thing or material
Number and name of street and suburb
Identifying details of vehicle
Reason for search/Suspected offence

This Warrant authorises

Name, Rank, No.
Agency and Address
Or all members of the police force:
 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.
 Search for any article, thing or material of any kind
to break, enter and search any *place/*specified vehicle
located in a public place named or described in this warrant
for any article, thing or material of any kind described in this
warrant;
and

88
Form
20
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—
 to be brought before a bail justice or the Court as soon as
practicable to be dealt with according to law;
or
 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
*Delete if not applicable.
__________________

89
Form
21

FORM 21
Rule 34
REMAND WARRANT
(Section 79 of the Magistrates' Court Act 1989)
Name of accused Court Ref.
(or Witness)
Address M F
Postcode Date of Birth
 The accused (or witness)  remanded in custody
has been
 returned to the custody of
the Secretary to the
Department of Human
Services
 The proceeding has been adjourned and the accused is to be
brought before the Magistrates' Court at
at 10.00 a.m. on
 The accused has been committed to stand trial.
The Charge
What is the charge?
[brief description]
Who filed the
charge?
Agency and address
The charge is  at the Magistrates' Court at
filed
 with the Bail Justice making this order
AUTHORITY AND DIRECTIONS
To all members of the police force, or all prison officers, or
[insert name]

90
You must take and safely convey the person named in this
warrant to
 a prison  a police gaol  a youth justice centre
and deliver the person to the officer in charge of that facility.
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—
(a) for the period specified, or in the circumstances
described, in this warrant; or
(b) until that person is otherwise removed or discharged
from custody by due course of law.
 The accused has consented to an adjournment of the
proceeding for more than 8 clear days. The accused has
also been granted bail. If the accused has not been
admitted to bail at the end of 8 days the person who has
custody of the accused must bring him or her before the
Magistrates' Court at [venue] or to the Melbourne
Assessment Prison or to [name of other place] where
facilities exist to enable the accused to appear before the
Court by means of audio visual link.

ENDORSEMENTS
 The accused did not apply for bail.
 I certify that the accused's application for bail was refused.
The reasons for my refusal are:

 I certify that bail was granted and the accused is to be released from
custody when he or she signs an undertaking with the conditions
which are endorsed below:

91
Form
21

 The accused was legally represented by

Signed at on by
Magistrate/Bail Justice/Registrar
__________________

92
Form
22

FORM 22
Rule 35
WARRANT TO IMPRISON
(Except for unpaid fine(s))
(Section 68 of the Magistrates' Court Act 1989)
WARRANT TO IMPRISON Court Ref.
(Except for unpaid fine)
Offender's Name MF
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  Yes  No
Time spent in custody Years Months
Days
Taken into account  Yes  No
Eligible for pre-release  Yes  No
Sentences imposed in this case to be—
cumulative upon other sentences presently being
served  Yes  No
part concurrent with other sentences presently being
served  Yes  No

93
Form
22
Concurrent portion of sentence Years Months
Days
cumulative on any period owed to the Parole Board  Yes
 No
part concurrent with any period owed to the Parole
Board  Yes  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—
 a prison  a prison or police gaol  a youth justice
centre
and to deliver the person to the officer in charge of the prison,
police gaol or youth justice 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:
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

94
 Court Ref.
Offender 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, accused 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"
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

95
Form
22
Case Number
Accused Page Number
Code Table
Charge Date of S G Brief descrip- Act and Imprison- Portion Sentence Min.
Number Offence C NG tion of Section ment of term (Period) Term
XP offence (Detention) to be Code C'wlth
Term served only
(where
app.)

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
__________________

96
Form
23

FORM 23
Rule 36
WARRANT TO IMPRISON
(Unpaid fine(s))

Court
Ref.

Offender's Name: M F
Address:

Who filed the Agency:

charges?

DETAILS OF THE FINE

On [date] the Magistrates' Court at [venue]
convicted and fined the offender.
Amount unpaid
Total
penalty Statutory Default
Charge imposed Fine Costs Costs Period
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

97
Form
23
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.

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
 a prison or police gaol
 a youth justice 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:
[signature]

98
Date:
Magistrate:
[signature]
Date:
__________________

99
Form
24

FORM 24
Rule 37
WARRANT TO SEIZE PROPERTY

Court Ref.

Who was ordered to pay M F Co

Address Date of birth
ACN
Registration No.
State
Licence No.
State

Amount ordered to be paid

On (date) the Magistrates' Court (venue) ordere
at d
Statutory
Fine Costs Other
Costs
Payment of $ $ $
Since then payments made $ $ $
were:
This leaves a balance of $ $ $
Now outstanding and $ or personal property of the
payable is named may be person
seized and sold.
The amount was ordered to be paid because:
 the person named was found guilty of and fined. The charges
were filed by
(name/agency)

100
Form
24
 the person named had to pay witness costs.
 the case was adjourned.
 the case was dismissed.

WARRANT
To  all members of the police force  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: [venue]
Issued by:
Registrar:
[signature]
Date:
Magistrate:
[signature]
Date:
__________________

101
Form
25

FORM 25
Rule 38
NOTICE OF APPEARANCE
In the Magistrates' Court of
Victoria at [venue] Court Reference:
BETWEEN: [name of informant]
v.
[name of accused]
Committal mention date:
APPEARANCE
TAKE NOTICE THAT the legal practitioner (or firm) indicated
below has been instructed to represent the accused.
[name(s) of accused(s)]

I *have/*have not been instructed to accept personal service of

documents on behalf of the accused.
Date:
[Signed]
Name of legal practitioner (or firm):
Address of legal practitioner (or firm):
Telephone number:
Fax number for service of documents:
Email address for service of documents electronically (if
available):
Name of person handling the matter:
Present address of accused:
This notice of appearance is to be filed with the Court, served on
the informant and DPP if applicable.

102
__________________

103
Form
26

FORM 26
Rule 44
APPLICATION FOR COMPULSORY EXAMINATION
(Section 103 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue] Court Reference:
TO: [name of person who is to attend]
THE APPLICANT [insert name] applies for an order—
TAKE NOTE: In relation to the person sought to be examined:
*the prosecution asked the person to make a statement and he or
she refused to do so;
*the informant is aware he or she has obtained legal advice;
*he or she has been a suspect with respect to the matter;
*he or she has been made aware of this application.
The Committal Mention Date in this committal proceeding is:
[date].
The application will be heard at the Magistrates' Court at
[venue] on [date]
at a.m. [or p.m.] or so soon afterwards as the business of
the Court allows.
Date:
[registrar]
This application was filed by: [name of informant]
*delete if inapplicable
__________________

104
Form
27

FORM 27
Rule 45
NOTICE OF ORDER
(to be served on the accused)

In the Magistrates' Court of

Victoria at [venue] Court Reference:
TO: [name of accused]
An order requiring that [name of person to whom order relates]
attend before the Court in this committal proceeding has been
made by the Court on the application of the informant under
section 103 of the Criminal Procedure Act 2009.
THE COURT HAS ORDERED that [name of person to whom
order relates] attend before the Court for the purpose of—
*being examined by or on behalf of the informant;
*producing a document or thing, namely—
[describe the document or thing];
*being examined by or on behalf of the informant and producing
a document or thing or both [describe the document or thing];
(a) at [venue of Court] Magistrates' Court;
(b) at 10.00 a.m. [or as the case requires] on [date] and until [name of
person to whom order relates] is excused from further attending.
Date:
Signature of informant

NOTES TO THE ACCUSED

(1) Any question concerning this Notice should be addressed to the
informant not to the Court.
(2) You may wish to seek legal advice in which case you should contact
your legal representative or Victoria Legal Aid immediately.
(3) You may attend Court on the above date and you may be legally
represented.

105
Form
27
(4) You may not cross-examine a witness attending the Court under an
order made under section 103 of the Criminal Procedure Act 2009.

(5) If you attend Court and, if the Court determines there are exceptional
circumstances, you may address the Court on the proceeding
personally or through a legal practitioner representing you.
*delete if inapplicable
__________________

106
Form
28

FORM 28
Rule 45
NOTICE OF ORDER
(to be served on person to whom order relates)

In the Magistrates' Court of

Victoria at [venue] Court Reference:
TO: [name of person to whom order relates]
An order requiring that [name of person to whom order relates]
attend before the Court in this committal proceeding has been
made by the Court on the application of the informant under
section 105 of the Criminal Procedure Act 2009.
THE COURT HAS ORDERED that [name of person to whom
order relates] attend before the Court for the purpose of—
*being examined by or on behalf of the informant;
*producing a document or thing, namely—
[describe the document or thing];
*being examined by or on behalf of the informant and producing
a document or thing or both [describe the document or thing];
(a) at [venue of Court] Magistrates' Court;
(b) at 10.00 a.m. [or as the case requires] on [date] and until [name of
person to whom order relates] is excused from further attending.
Date:
Signature of informant:

NOTES TO PERSON TO WHOM ORDER RELATES

(1) If you do not comply with the order you may be arrested.
(2) Any question concerning this Notice should be addressed not to the
Court but to the informant.
(3) You have the right to be legally represented at the proposed
examination.
(4) You may wish to seek legal advice in which case you should contact
your legal representative or Victoria Legal Aid immediately.

107
*delete if inapplicable
__________________

108
Form
29

FORM 29
Rule 46
NOTICE OF COMMITTAL MENTION DATE AND HAND-UP BRIEF
(Section 110 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue] Court Reference:
TO: [accused(s)]
of [address(es)]
Informant's contact details—[insert name and contact details]

COMMITTAL MENTION DATE

You have been charged with *a criminal offence/*criminal
offences. A copy of the charge-sheet is attached to this notice.
There will be a committal mention hearing in relation to *the
charge/*those charges at the Magistrates' Court at [venue] on
[date] at [time].
You must attend court on that date.

WHAT IS A COMMITTAL PROCEEDING?

A committal proceeding is a proceeding in the Magistrates'
Court. That court will examine the evidence relating to the
charge or charges against you to decide whether there is
sufficient evidence to send you for trial in the County Court or
the Supreme Court.
The evidence will include the documents and other things that
are contained in the hand-up brief of evidence which is attached
to this notice.
Depending on the nature of the case and of the witnesses, you
may be able to ask the court's permission for you or your lawyer
to cross-examine some or all of the witnesses about their
statements.

109
Form
29
DISCUSSION OF ISSUES WITH THE PROSECUTOR
At least 7 days before the committal mention date you or your
lawyer must discuss your case with the prosecutor. (If you or
your lawyer have not already been notified of the prosecutor's
contact details, you or your lawyer should be notified of those
details no later than 14 days before the committal mention date.)

The purpose of the discussion is to find out matters including—

(a) whether you propose to plead guilty or not guilty;
(b) whether you will be arguing that there is insufficient
evidence for the case to go to trial before a jury;
(c) whether you will be asking to cross-examine any of the
witnesses whose statements are contained in the hand-
up brief of evidence, and whether the prosecutor
opposes that cross-examination;
(d) whether you will be calling any of your own witnesses
to give evidence;
(e) whether you want to inspect any things that are listed
in the hand-up brief of evidence, and whether the
informant objects to that inspection;
(f) if a charge is to be heard and determined summarily,
whether you will be applying to the court to have the
charge tried by a Magistrate in the Magistrates' Court
rather than by a judge and jury in the County Court or
Supreme Court.

THE COMMITTAL MENTION HEARING

A committal mention hearing is one of the stages of a committal
proceeding. At a committal mention hearing the court may—
(a) offer or determine any application for a charge to be
tried summarily in the Magistrates' Court;

110
 (b) hear and determine an application for leave to cross-
examine a witness;
(c) fix a date for a committal hearing;
(d) hear and determine any objection to disclosure of
material;
(e) fix another date for a committal mention hearing. If the
court is considering fixing another date for a committal
mention hearing to enable an accused to obtain legal
representation the court must have regard to whether
the accused has made reasonable attempts to obtain
legal representation;
(f) make any other order or give any direction that the
court considers appropriate;
(g) immediately hear and determine the committal
proceeding (in other words, it may examine all of the
evidence and decide whether or not you should be tried
by a judge and jury in the County Court or Supreme
Court);
(h) if the Court decides that you should be tried by a judge
and jury in the County Court or Supreme Court, ask
you whether or not you plead guilty or not guilty to the
charge or charges against you.

THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE

IT.
If you do not have a lawyer, you should contact a legal
practitioner, Victoria Legal Aid or a registrar of the Magistrates'
Court as soon as possible.
[Telephone number for Law Institute of Victoria Referral
Service—insert details]
[Address and telephone number for Victoria Legal Aid—insert
details]
[Address and telephone number of registrar of Magistrates'
Court—insert details]

111
Form
29
If you come to the committal mention hearing without a lawyer
the court will not delay the hearing to enable you to get a lawyer
unless you have already made reasonable efforts to get a lawyer.

AFFIDAVIT 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 accused a hand-up brief
containing this notice and the enclosures referred to in this
notice by delivering a true copy to the accused personally at
[address] on [day of week] [date] at [time].
*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] [time]
Before
[Name and address in legible writing, typing or stamp below
signature]
*a person authorised under section 107A(1) of the Evidence
(Miscellaneous Provisions) Act 1958 to witness the signing of
a statutory declaration.
*a person authorised under section 123C(1) of the Evidence
(Miscellaneous Provisions) Act 1958 to take an affidavit.
__________________

112
Form
30

FORM 30
Rule 46
LIST OF INFORMATION OR OTHER DOCUMENTS INCLUDED IN
HAND-UP BRIEF
(Section 110 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue] Court Reference:
1. A Notice of Committal Mention Date and Hand-up Brief
and a copy of the charge-sheet relating to the alleged
offence.
2. A statement of the material facts relevant to the charge is
attached.
*3. Order(s) were made for the examination of [names of
persons] under section 104 of the Criminal Procedure
Act 2009 and transcript(s) of the examination(s) *is/are
*attached/*not attached.
OR
*3. No orders were made for the examination of any person
under section 104 of the Criminal Procedure Act 2009.
OR
*3. There are no forensic procedures, examinations or tests on
which the prosecutor intends to rely as tending to establish
the guilt of the accused that are not yet completed.
OR
*3. The following forensic procedures, examinations or tests
on which the prosecutor intends to rely as tending to
establish the guilt of the accused are not yet completed
[describe here any forensic procedures, examinations or
tests that are not yet completed].
*4. The following is a list of other statements that are capable
of being admitted in evidence relevant to the charge

113
Form
30
available to the informant but on which the informant does
not intend to rely.
[list statement(s) here]
OR
*4. There is no other statement that is capable of being
admitted in evidence relevant to the charge available to the
informant but on which the informant does not intend to
rely.

5. The following information, document or thing on which

the prosecution intends to rely in the committal proceeding
are—
*copy of any statement relevant to the charge signed by
the accused, or a record of interview of the accused, that is
in the possession of the informant
*a copy or statement of any other evidentiary material that
is in the possession of the informant relating to a
confession or admission made by the accused relevant to
the charge
*a list of the persons who have made statements that the
informant intends to tender at the committal hearing,
together with copies of those statements
*a legible copy of any document which the prosecution
intends to produce as evidence
*a list of any things the prosecution intends to tender as
exhibits
*a clear photograph, or a clear copy of such a photograph,
of any proposed exhibit that cannot be described in detail
in the list
*copy, or a transcript, of any audio-recording or
audiovisual recording required under Subdivision (30A) of
Division 1 of Part III of the Crimes Act 1958

114
 *a transcript of any audio or audiovisual recording for the
purposes of section 368 of the Criminal Procedure Act
2009
*list of any things the prosecution intends to tender as
exhibits
6. Any other information, document or thing in the
possession of the prosecution that is capable of being
admitted in evidence relevant to the charge but on which
the prosecutor does not intend to rely are—
*a list of the persons (including experts) who have made
statements relevant to the alleged offence and a copy of
the statement made by each person or written summary of
any evidence likely to be given by that person
*a copy of records of any medical examination of the
accused
*a copy of reports of any forensic procedure or forensic
examination conducted on the accused
*a copy of the results of any tests carried out on behalf of
the prosecution and relevant to the alleged offence
*if the committal proceeding relates to a charge for a
sexual offence, a copy of every statement made by the
complainant to any member of the police force that relates
to the alleged offence and contains an acknowledgement
of its truthfulness

*running sheets
*prisoner's register
*attendance register
*expert witness notes
*witnesses' prior convictions
*notes (prosecution witness)
*photos or photocopies where it is impractical to produce
extra sets

115
Form
30
*video files or video recordings
*audio files or audio recordings
*notes (e.g.) surveillance logs, crime scene notes, exhibit
logs, diaries (official or otherwise)
*other documents (provide details).
Signature of informant:
Date:
NOTE
This Form is to be completed by the informant and included in
any hand-up brief.
*delete if inapplicable
__________________

116
Form
31

FORM 31
Rules 47, 63, 66
APPLICATION
In the Magistrates' Court of
Victoria at [venue] Court Reference:

TO: [identify party (if any) to whom notice of application is to

be given]
THE APPLICANT [insert name] applies—
*1. for an order that a special mention hearing takes place
[set out purpose of special mention hearing, as required by Rule
57].
*2. for leave to cross-examine [insert name of witness], after the
expiry of the period for giving notice of cross-examination
under section 120 of the Criminal Procedure Act 2009.
*3. for the following orders—
[set out details of order(s) sought. Also set out the grounds for
the application]
The Committal Mention Date in this committal proceeding is:
[date].
The application will be heard at the Magistrates' Court at
[venue] on [date]
at a.m. [or p.m.] or so soon afterwards as the business of
the Court allows.
Signature of applicant or applicant's legal practitioner:
Date:
Registrar:
This application was filed by:
*delete if inapplicable
__________________

117
Form
32
FORM 32
Rule 48
CASE DIRECTION NOTICE
(Section 119 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue] Court Reference:

TO: the registrar

*TAKE NOTICE that—
 the *accused/*accused's legal practitioner has read the brief
of evidence;
 the DPP or informant has read the brief of evidence;
 the accused and the DPP or informant have discussed
whether this matter can be resolved by *a plea/*pleas of
guilty and, if so, on what charge(s);
 the accused and the DPP or informant propose that this
committal proceeding be dealt with as follows—
*TAKE NOTICE that no legal practitioner has served a notice
of appearance on the DPP or informant in this matter, the DPP
or informant is not aware of any legal practitioner representing
the accused and the accused has not participated in any
discussion or other activity in connection with the preparation of
this notice.
*1. The court should determine the committal proceeding at the
committal mention hearing.
At the committal mention hearing, will the accused submit
that the accused should not be committed for trial?
*Yes/*No
If committed for trial, how does the accused intend to plead?
*Guilty/*Not guilty/*Not applicable (charge to be
withdrawn)

118
Form
32
[if there is more than one charge, and the answers to these
questions are not the same for all charges, list the charges
separately or in groups and provide answers in relation to
each charge or group of charges]
*Basis of indication of intention to plead
[If the accused indicates an intention to plead on a
particular basis or bases, briefly indicate that basis or those
bases. For example—
The indication is made without prejudice in the course of
negotiations to settle the matter.
The indication is made on the basis that the informant will
withdraw particular charges.]
*2. The parties seek a committal case conference. The issues
identified by the parties to be addressed at the committal
case conference are—[insert brief description of issues]
*3. The accused will apply for a summary hearing of the
following charge(s).
Charge Proposed plea
[list each charge for which there will be *Guilty
an application for a summary hearing] *Not guilty
*4. The accused will apply for leave to cross-examine the
following witness or witnesses.
Name of witness:
Does the informant oppose leave being granted? *Yes/*No
Issue, relevance and justification
[indicate the issue or issues identified by the accused to
which the proposed questioning relates, why the accused
considers that evidence of the witness is relevant to that
issue or those issues and why the accused considers that
cross-examination on that issue or those issues is justified]
Opposition [indicate why the informant opposes leave being
granted]

119
Form
32
*5. The particulars of previous convictions of any witness on
whose evidence the prosecution intends to rely in the
committal proceeding.
*6. The accused seeks the production of an item or items listed
in the hand-up brief and the informant objects to the
production of the item or items—
Item [describe the item(s)]
Ground for objection [indicate the informant's ground for
objecting to producing the item]
*7. The accused seeks the production of an item or items not
included in the hand-up brief
*8. The accused is *prepared/*not prepared to proceed with the
committal hearing while a forensic procedure, examination
or test described in the hand-up brief remains incomplete.

*9. The accused and the DPP or informant seek an adjournment

of the committal proceeding.
Reason(s) for adjournment [indicate the reason(s) for the
proposed adjournment]
Date:
Signature of *accused/*accused's legal practitioner:
Date:
Signature (for or on behalf of the DPP or informant):
*delete if not applicable
__________________

120
Form
33

FORM 33
Rule 49
NOTICE OF COMMITTAL PROCEEDING
In the Magistrates' Court of
Victoria at [venue] Court Reference:

TO: [accused(s)]
of [address(es)]
Date charge-sheet filed:
Informant's contact details: [insert contact details]

COMMITTAL MENTION DATE

You have been charged with *a criminal offence/*criminal
offences.
There will be a committal mention hearing in relation to the
charge or charges at the Magistrates' Court at [venue] on [date]
at [time].
You must attend court on that date.

WHAT IS A COMMITTAL PROCEEDING?

A committal proceeding is a proceeding in the Magistrates'
Court. That court will examine the evidence relating to the
charge or charges against you to decide whether there is
sufficient evidence to send you for trial in the County Court or
the Supreme Court.

WHAT WILL HAPPEN BETWEEN NOW AND THE

COMMITTAL MENTION DATE?
At least 42 days before the committal mention hearing, the
person who charged you (the informant) will provide you (or
your legal practitioner, if you have a legal practitioner) with a
hand-up brief. The hand-up brief will set out the evidence

121
Form
33
relating to the charge or charges against you. This will include
statements made by witnesses.
You or your legal practitioner will be notified of the prosecutor's
contact details. You or your legal practitioner must discuss the
case with the prosecutor before the committal mention hearing.
Depending on the nature of the case and of the witnesses, you
may be able to ask the court's permission for you or your lawyer
to cross-examine some or all of the witnesses about their
statements.
You will receive further information about the process when you
receive the hand-up brief of evidence.

THIS IS AN IMPORTANT DOCUMENT. DO NOT IGNORE

IT.
If you do not have a lawyer, you should contact a solicitor,
Victoria Legal Aid or a registrar of the Magistrates' Court as
soon as possible.
[telephone number for Law Institute of Victoria Referral
Service]
[address and telephone number for Victoria Legal Aid]
[address and telephone number of registrar of Magistrates'
Court]
If you come to the committal mention hearing without a lawyer
the court will not delay the hearing to enable you to get a lawyer
unless you have already made reasonable efforts to get a lawyer.
Date:
Registrar:
*delete if not applicable
__________________

122
Form
34

FORM 34
Rule 50
APPLICATION FOR THE FIXING OF A LONGER PERIOD FOR
THE HOLDING OF A COMMITTAL MENTION HEARING
(Section 126 of the Criminal Procedure Act 2009)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

TO: [identify party to whom notice of application is to be given]

THE APPLICANT [insert name] applies to the Court for the
Court to fix a longer period for the holding of a committal
mention hearing than that set out in section 126 of the Criminal
Procedure Act 2009.
The Committal Mention Date in this committal proceeding is:
[date].
The application will be heard at the Magistrates' Court at
[venue] on [date]
at a.m. [or p.m.] or so soon afterwards as the business
of the Court allows.
A statement*/affidavit* in support has*/has not* been filed with
the Court.
Signature of Applicant or Applicant's legal practitioner:
Date:
Registrar:
This application was filed by:
*delete if inapplicable
__________________

123
Form
35

FORM 35
Rule 51
APPLICATION FOR THE FIXING OF A LONGER PERIOD FOR
THE HOLDING OF A COMMITTAL PROCEEDING FOR A
SEXUAL OFFENCE
(Section 99(3) of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue] Court Reference:

TO: [identify party to whom notice of application is to be given]

THE APPLICANT [insert name] applies to the Court for the
Court to fix a longer period for the holding of a committal
mention hearing than that set out in section 126 of the Criminal
Procedure Act 2009.
The Committal Mention Date in this committal proceeding is:
[date].
The application will be heard at the Magistrates' Court at
[venue] on [date]
at a.m. [or p.m.] or so soon afterwards as the business
of the Court allows.
A statement*/affidavit* in support has*/has not* been filed with
the Court.
Signature of Applicant or Applicant's legal practitioner:
Date:
Registrar:
This application was filed by:
*delete if inapplicable
__________________

124
Form
36

FORM 36
Rule 53
APPLICATION FOR JOINT COMMITTAL
(Section 25 of the Magistrates' Court Act 1989)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

To: [name]
*Male/*Female
Date of Birth:
Address:
Children's Court Case File No.:

DETAILS OF THIS APPLICATION

The applicant is charged with offence(s) that include:
 murder  attempted murder  manslaughter  arson
causing death  culpable driving causing death  other
The matter is listed at the [venue] of the Magistrates' Court for a
committal mention on [date].
This application is for a joint committal with [name of co-
accused] who has a matter listed at the [venue] Children's Court
on [date].
An application for joint committal in the Magistrates' Court
 has been made (attach copy of order)
 has not been made
 is listed in the Children's Court on [date]
This application is appropriate because the charges against each
accused could properly be joined in the same indictment; and

125
Form
36
the co-accused is a child aged [include age] years (must be 15 or
over at the time the criminal proceeding is commenced).
Applicant's name:
[Signature]
Agency and address:
Phone:
Date:

DETAILS OF THE HEARING

A hearing of this application will be held at [time] on [date] at
the Magistrates' Court at [venue].
* Delete if not applicable
NOTE: An order for joint committal must be made in both the
Children's and Magistrates' Courts before a joint proceeding can
be held (see section 25(3) of the Magistrates' Court Act 1989
and section 516A of the Children, Youth and Families Act
2005).
__________________

126
Form
37

FORM 37
Rule 54
CAUTION TO BE GIVEN TO PERSON CHARGED
(Section 141(2) of the Criminal Procedure Act 2009
and section 398 of the Crimes Act 1958)
"You now have the right to answer the charge against you and
must choose either:
(a) to give sworn evidence, that is, to enter the witness box, take the oath
or make an affirmation and say what you want to say in answer to the
charge. This is known as giving sworn evidence. When you have
given your evidence you may be asked to respond to questions about it
by the prosecution or the Court;
(b) you may say nothing in answer to the charge.
In either case you may call any witness or witnesses to give
sworn evidence for you. What do you desire to do?"
__________________

127
Form
38

FORM 38
Rule 55
ELECTION TO STAND TRIAL WITHOUT A COMMITTAL
PROCEEDING BEING CONDUCTED
(Section 143 Criminal Procedure Act 2009)

In the Magistrates' Court of

Victoria at [venue] Court Reference:
The person who filed the charges:
[Informant]
Accused:
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 I elect to stand trial for the above named
offence pursuant to section 143 of the Criminal Procedure Act
2009.
I understand the consequences of making this election are—
(a) that when I appear before the Magistrates' Court I must
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;

128
 (c) that on being committed for trial, I must be either
remanded in custody until the trial or granted bail until
the trial.
Date:
at:
Accused:
[signature of accused]
__________________

129
Form
39

FORM 39
Rule 56
COMMITTAL CAUTION
(Section 144 of the Criminal Procedure Act 2009)

You may plead guilty or not guilty. If you plead guilty to all the
charges or some of the charges today or at any time before or
during your trial, the sentencing judge may take into account
whether you pleaded guilty and the stage in the proceedings at
which you pleaded guilty or indicated an intention to plead
guilty. It is also your right to plead not guilty to all of the
charges or some of them. Whatever you say will be recorded
and may be given in evidence if you appear before a judge. Do
you plead guilty or not guilty?
__________________

FORM 40
Rule 57

ALIBI CAUTION
(Section 190 of the Criminal Procedure Act 2009)

I caution you that your right to call evidence at trial in support of

an alibi is restricted.
To be allowed to call alibi evidence you must give written notice
to the Court now or to the DPP not later than 14 days after the
end of this committal proceeding.
The notice must contain—
(a) particulars as to time and place of the alibi;
(b) the name of any witness to the alibi;
(c) last known address of the witness;
(d) if the name and address of a witness are not known, any
information which might be of material assistance in
finding the witness—

130
in support of your alibi.
__________________

131
Form
41

FORM 41
Rule 60
NOTICE OF APPLICATION FOR ORDER THAT THE EVIDENCE
OF A PERSON BE TAKEN
(Section 149 of the Criminal Procedure Act 2009)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

TO: *the DPP/*the accused

AND TO: the registrar
THE *accused/*DPP—
intends to apply to the Court for an order that the evidence of
[name of person(s)] be taken at a time and place to be fixed by
the Court.
An issue to which the proposed questioning relates and a reason
as to why the evidence is relevant to the issue are set out as
follows:
[insert details]
The accused has been committed for trial at [name of court] at
[place] on [trial date].
The application will be heard at the Magistrates' Court at
[venue] on [date]
at a.m. [or p.m.] or so soon afterwards as the business
of the Court allows.
Date:
Signature:
*of accused/*accused's legal practitioner
Date:
[registrar]

132
This notice of application was filed by: [insert name].
*delete if inapplicable
__________________

133
Form
42

FORM 42
Rule 61
RESPONSE TO NOTICE OF APPLICATION FOR ORDER THAT
THE EVIDENCE OF A PERSON BE TAKEN
(Section 149 of the Criminal Procedure Act 2009)
In the Magistrates' Court of
Victoria at [venue] Court Reference:
TO: *the accused/co-accused
AND TO: the registrar
THE DPP—
*CONSENTS to an order that the evidence of [name of
person(s)] be taken at a time and place to be fixed by the Court.
or
*OPPOSES an order for the evidence of [name of person(s)] be
taken at a time and place to be fixed by the Court for the
following reasons:
[set out reasons]

[signature]
Signature *for or on behalf of the DPP
Date:
[registrar]
This Response to Notice of application was filed by: [insert
name].
*delete if inapplicable
__________________

134
Form
43

FORM 43
Rule 77
CERTIFIED EXTRACT
(Section 18 of the Magistrates' Court Act 1989)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

On [date] the Magistrates' Court at [venue]

made the following entries in the register:
Accused
Informant, Plaintiff
or Complainant
Case No. Nature of Charge or Civil Court Order
Proceeding

Fees $ Magistrate

Remarks
 Plea not guilty  Appeared  Blood
Alcohol
 Plea guilty  Did not appear
......................
 No plea  Consented to summary 
Speed .............
jurisdiction
Legal Representative for accused
Legal Representative for informant/plaintiff/complainant

135
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
__________________

136
Form
44

FORM 44
Rules 88, 95
NOTICE OF REQUEST FOR APPEARANCE VIA
AUDIO VISUAL LINK
(Section 42K of the Evidence (Miscellaneous Provisions) Act
1958)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

To Central Prison Records

Accused Witness: [full name]
Accused Witness CRN No.:
Prison: [full name]
Date of Hearing:
Purpose of hearing:
Time of appearance:
Take notice that the Accused is required to appear at the hearing
in the Magistrates' Court via audio visual link.
Time of audio visual link (as provided or notified by a Court
Coordinator):
__________________

137
Form
45

FORM 45
Rule 90
NOTICE OF APPLICATION UNDER SECTION 42L OF THE
EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
(Section 42L of the Evidence (Miscellaneous Provisions) Act
1958)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

[The Queen]
v.
[name of accused]

PARTICULARS OF APPLICATION
TAKE NOTICE that the applicant, [name of applicant], intends
to apply to the Court for a direction that the accused appear, or
be brought, physically before it.
Type of hearing [insert details]
Date of hearing [insert details]
The grounds on which this application are made are [set out
grounds]
Date:
[Signature]
__________________

138
Form
46

FORM 46
Rules 91, 92, 93
NOTICE OF APPLICATION UNDER SECTION 42M, 42N
OR 42P OF THE EVIDENCE (MISCELLANEOUS PROVISIONS)
ACT 1958
(Section 42M, 42N or 42P of the Evidence (Miscellaneous
Provisions) Act 1958)
In the Magistrates' Court of
Victoria at [venue] Court Reference:

[The Queen]
v.
[name of accused]

PART 1—PARTICULARS OF APPLICATION

TAKE NOTICE that the applicant, [name of applicant], intends
to apply to the Court for a direction that the accused appear
before it by audio visual link.
1. Type of hearing [insert details]
2. Date of hearing [insert details]
3. The grounds on which this application is made are [set out grounds]
4. Is this application being made with the consent of the parties to the
proceeding?
5. If the answer to question 4 is No, what parties have not given
consent?
6. If the accused is in custody, do facilities exist for an audio visual
link?
Date:
[Signature]

PART 2—PARTICULARS OF HEARING

(to be completed by the Registrar)

139
The application will be heard before the Court at [venue], on
[date] at [time] or so soon afterwards as the business of the
Court allows.
FILED [date]
__________________

140
Form
47

FORM 47
Rule 98
APPLICATION FOR TIME TO PAY A FINE
(Section 55(1) of the Sentencing Act 1991)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

INSTALMENT ORDER
VARIATION OF
INSTALMENT ORDER
APPLICATION [date]
In the case against me by [set out details] on [date] I was
ordered to pay a fine.
I [full name]
of [address and occupation]
now apply to the proper officer of the Magistrates' Court at
[venue] for—
 an order that time be allowed for payment of the fine
 an order that the fine be paid by instalments
 an order for the variation of the terms of an instalment order.

DETAILS OF THE COURT ORDER

The Court ordered that I pay $ in fines and costs.
I  was  was not present when the order was made.
The Court ordered that the fines and costs be paid—
 by [date]
 by instalments of $ to be paid on the day of
each
 week  fortnight  month.

141
Form
47
 did not make any order about payment.

DETAILS OF PAYMENTS MADE BY ME

[Set out details of payments made]

FUTURE PAYMENTS
I now want to pay the money I owe
 by / /
 by instalments of $ on the day of each
 week  fortnight  month starting on [date].

DETAILS OF MY INCOME AND EXPENSES

At present I receive $ each week after tax has been
deducted.
My weekly expenses are $
This leaves me with $
[To be completed by the proper officer]
I received this application on [date].
[Signature]
[Print name]
NOTE: The registrar who deals with this application will notify
you in writing of the decision.
 Tick whichever applies
__________________

142
Form
48

FORM 48
Rule 98
APPLICATION FOR COMMUNITY-BASED ORDER
(Section 55(1) of the Sentencing Act 1991)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

APPLICATION
In the case against me by [set out details]
on [date] I was ordered to pay a fine.
I, [full name]
of [address and occupation]
now apply to the proper officer of the Magistrates' Court at
[venue] for a community-based order requiring me to perform
unpaid community work as directed by a regional manager,
instead of paying the fine. I agree to comply with such an order.

DETAILS OF THE COURT ORDER

The Court ordered that I pay $ in fines and costs.
I  was  was not present when the order was made.
The Court ordered that the fines and costs be paid—
 by [date]
 by instalments of $ to be paid on the day of
each
 week  fortnight  month
 The Court did not make any order about payment.

DETAILS OF PAYMENTS MADE BY ME

[Set out details of payments made]

143
RATE OF CONVERSION OF AMOUNT(S) TO UNPAID
COMMUNITY WORK
I understand that the amount(s) that I owe for each unpaid fine
together with the amount of warrant costs included by the proper
officer will be converted into hours of unpaid community work
at the rate of 1 hour for each 02 penalty unit or part of 02
penalty unit which I owe, with a minimum of 8 hours and a
maximum of 500 hours work to be performed by me.

CONDITIONS OF THE ORDER

I understand that the following conditions will apply to the order
and I agree to comply with them:
During the period of the community-based order I must—
 not commit another offence punishable by imprisonment.
 report to a community corrections centre as specified by
the Court.
 report to, and receive visits from, a community corrections
officer.
 notify an officer at the specified community corrections
centre of any change of address or employment within 2
clear working days after the change.
 not leave Victoria except with the permission of an officer
at the specified community corrections centre.
 obey all lawful instructions and directions of community
corrections officers.
 perform unpaid community work as directed by the
regional manager for a period determined by the Court.
Tick whichever applies
Dated at [place] on [date]
Witnessed by
[Signature of person in default] [Signature of witness]
[Print name of witness]

144
Form
48
NOTE: The registrar who deals with this application will notify
you in writing of the decision.
[To be completed by the proper officer]
I received this application on [date]
The amount of warrant costs to be included is $
[Signature]
[Print name]
__________________

145
Form
49

FORM 49
Rule 101
CONSENT TO THE MAKING OF A COMMUNITY-BASED ORDER
FOR UNPAID WORK IN LIEU OF PAYMENT OF A FINE
(Section 62(7)(b) of the Sentencing Act 1991)
In the Magistrates' Court of
Victoria at [venue] Court Reference:

Name [full name]

of [address]

CONSENT TO A COMMUNITY-BASED ORDER

I consent to the making by the Court of a community-based
order requiring me to perform unpaid community work as
directed by a regional manager, instead of paying a total penalty
of $ .

RATE OF CONVERSION OF AMOUNT(S) TO UNPAID

COMMUNITY WORK
I understand that the amount(s) that I owe for each unpaid fine
will be converted into hours of unpaid community work at the
rate of 1 hour for each 02 penalty unit or part of 02 penalty unit
which I owe, with a minimum of 8 hours and a maximum of 500
hours work to be performed by me.

CONDITIONS OF THE ORDER

I understand that the following conditions will apply to the order
and I agree to comply with them:
During the period of the community-based order I must—
 not commit another offence punishable by
imprisonment.
 report to a community corrections centre specified by
the Court.

146
Form
49
 report to, and receive visits from, a community
corrections officer.
 notify an officer at the specified community corrections
centre of any change of address or employment within
2 clear working days after the change.
 not leave Victoria except with the permission of an
officer at the specified community corrections centre.
 obey all lawful instructions and directions of
community corrections officers.
 perform unpaid community work as directed by the
regional manager for a period determined by the court.
Dated at [place] on [date]
[Signature of person in default] [Print
name]
Witnessed by—
[Signature of witness] [Print
name]

TO THE PERSON IN DEFAULT

The Court will send you a notice of the making of a community-
based order and its conditions.
__________________

147
Form
50

FORM 50
Rules 100, 101
NOTICE ABOUT THE PROCEDURES FOR ENFORCEMENT OF
FINES
(Section 62(8) of the Sentencing Act 1991)

A warrant to arrest has been issued to the sheriff for non-

payment of the fine(s) imposed against you in the Magistrates'
Court. A summary of the fine(s) and the total amount still
outstanding is attached.
You may obtain further details of the penalties from any venue
of the Magistrates' Court. To do so, you must supply the Court
reference which is also on the attached summary.
YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS
DEMAND IS MADE IN WHICH TO PAY THE AMOUNT
OUTSTANDING, OR TO OBTAIN AN INSTALMENT
ORDER OR TIME TO PAY ORDER, OR TO CONSENT TO
THE MAKING OF A COMMUNITY-BASED ORDER
Payment must be made to the sheriff, [insert address]

IF YOU CANNOT PAY

You may apply to the registrar at any venue of the Magistrates'
Court for an order that the fine be paid by instalments, or an
order that you be allowed time to pay the fine.
If you do not pay the fine and do not make an application to a
registrar you may consent to the Court making a community-
based order requiring you to perform unpaid community work
instead of paying the fine. You may be required to perform one
hour of unpaid work for each 02 penalty unit or part of 02
penalty unit of each fine outstanding. A minimum of 8 hours
work under the direction of the Office of Corrections must be
performed, irrespective of the amount outstanding, up to a
maximum of 500 hours.

148
Form
50
You can obtain a consent form from the person making this
demand.
Section 62(13) of the Sentencing Act 1991 provides that a
person may not consent to the making of a community-based
order if the fine was imposed in respect of an offence heard and
determined by the Court as a result of the revocation of an
enforcement order within the meaning of, or the making of an
application under section 68(1) the Infringements Act 2006.

IF YOU DO NOT PAY OR TAKE ANY ACTION

If you do not take any action, you will be arrested and brought
before the Court. If the Court is satisfied that you have
defaulted in payment for more than one month, it may—
make a community-based order requiring you to perform
unpaid community work under the direction of a regional
manager for one hour for each 02 penalty unit or part of 02
penalty unit then remaining unpaid with a minimum of 8
and a maximum of 500 hours. You may also be ordered to
pay additional costs.
order that you be imprisoned for one day for each penalty unit
or part of a penalty unit then remaining unpaid with a
maximum of 24 months, and may order you to pay
additional costs.
order that the amount of the fine then unpaid be levied under
a warrant to seize property.
vary any existing order for payment of the fine by
instalments.
adjourn the hearing or further hearing of the matter for up to 6
months on any terms that the Court thinks fit.
__________________

149
Form
51

FORM 51
Rule 102
NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF A
FINE (BODIES CORPORATE)
(Section 66(3) of the Sentencing Act 1991)

A warrant to seize property owned by the company has been

issued to satisfy the amount of a fine or instalment under an
instalment order imposed on the company by the Magistrates'
Court, and all lawful costs of execution. The attached document
sets out a summary of the details and the total
amount outstanding. You may obtain further details of the
penalty from the Magistrates' Court. To do so, you must supply
the Court reference which is also on the attached summary.
THE COMPANY HAS 7 DAYS FROM THE DATE ON
WHICH THIS DEMAND IS MADE TO PAY THE AMOUNT
OUTSTANDING OR TO OBTAIN AN INSTALMENT
ORDER OR TIME TO PAY ORDER [see below]. Payment
must be made to the sheriff, [insert address].

IF THE COMPANY CANNOT PAY

It may apply to a registrar of the Magistrates' Court for an order
that the fine be paid by instalments or for an order that the
company be allowed time to pay the fine.

IF THE COMPANY DOES NOT PAY OR TAKE ANY

ACTION
If the company does not pay or take any action, the sheriff is
required to seize and sell property belonging to the company to
satisfy the amount outstanding.
__________________

150
Form
52

FORM 52
Rule 101
COMMUNITY-BASED ORDER IN DEFAULT OF PAYMENT OF A
FINE
(Section 62(9) of the Sentencing Act 1991)

In the Magistrates' Court of

Victoria at [venue] Court Reference:

TO
of
Date of birth [date]
On [date], with your signed consent, this community-based
order is made against you requiring you to perform unpaid
community work in respect of the unpaid fine set out below
which was imposed by the Magistrates' Court at [venue] on
[date].
Unpaid amounts
Statuto Hours of How hours
Charge Fine ry costs Costs work to be served
ordered

Where the hours are stated as being served cumulatively, they

are to be performed cumulatively, or in addition to any other
community-based order made in respect of unpaid fines. A
minimum of 8 hours unpaid community work is required to be
performed.
This order commences on [date] and ends on [date].
You must attend [address of community corrections centre]
within 2 clear working days after [date].

151
Form
52
The Magistrates' Court at [venue] will supervise this order.
The conditions of this Order are that you must:
 not commit another offence for which you could be
imprisoned during the time that the order is in force.
 report to the above community corrections centre within 2
clear working days of the order starting.
 report to, and receive visits from, a community corrections
officer.
 notify an officer at the above community corrections
centre of any change of your address or employment
within 2 clear working days after the change.
 not leave Victoria without first obtaining permission to do
so from an officer at the above community corrections
centre.
 obey all lawful instructions and directions given to you by
community corrections officers.
 perform unpaid community work as directed by the
regional manager for the hours of work specified in this
order.
This order was made on [date] at [venue].
[*Signature of magistrate/*proper officer]
*Delete if not applicable
__________________

152
Form
53

FORM 53
Rule 103
SUMMONS FOR FAILURE TO PAY A FINE
(Section 64(1) of the Sentencing Act 1991)

In the Magistrates' Court of

Victoria at [venue] Court Reference:
Date of birth
Informant
of
TO:
1. On [date] you were found guilty of an offence and the Court
ordered you to pay the following amount(s):
Charge Statutory Costs/Oth
No. Act/secti Fine Costs er Paid Unpaid
on $ $ amount(s) $ $
$

TOTAL AMOUNT NOW PAYABLE

2. The Court records show that you have not paid the above
amount and a warrant to seize your property to recover this
amount has been returned unsatisfied.
3. YOU ARE DIRECTED TO APPEAR BEFORE THE
MAGISTRATES' COURT AT [place] ON [date and time]
TO BE EXAMINED CONCERNING YOUR FAILURE TO
PAY THE ABOVE AMOUNT(S).
Issued at [place] on [date]
NOTES

153
Form
53
1. If you pay the above amount to any registrar of the
Magistrates' Court on or before the date for hearing of this
summons, you will not be required to appear at Court. If you
do not pay before the hearing of this summons, the Court
may order you to pay additional costs.
2. Payments may be made personally or posted to the registrar.
You must quote the Court reference at the top of this
summons.
3. If you do not pay the amount due or appear at Court as
directed by this summons, a warrant for your arrest may be
issued.
__________________

154
Sch. 1

SCHEDULE 1
Rule 4

REVOKED STATUTORY RULES

S.R. No. Title

55/2006 Magistrates' Court (Criminal Procedure) Rules
2006
72/2006 Magistrates' Court (Criminal Procedure)
(Amendment) Rules 2006
179/2006 Magistrates' Court (Criminal Procedure) (Further
Amendment) Rules 2006
33/2007 Magistrates' Court (Criminal Procedure)
(Infringements Court Venue) Rules 2007
57/2007 Magistrates' Court (Criminal Procedure)
(Amendment) Rules 2007
118/2007 Magistrates' Court (Criminal Procedure)
(Prescribed Venue) Rules 2007
6/2008 Magistrates' Court Criminal Procedures (Evidence
- Audio Visual and Audio Linking) Rules 2008
84/2008 Magistrates' Court (Criminal Procedure)
Amendment Rules 2008
83/2009 Magistrates' Court (Committals) Rules 2009
Dated: 15 December 2009
DANIEL J. MULING,
Acting Chief Magistrate
FELICITY ANNE BROUGHTON,
Deputy Chief Magistrate
PETER HENRY LAURITSEN,
Deputy Chief Magistrate
═══════════════

155
Endnot
es

ENDNOTES

. General Information
The Magistrates' Court Criminal Procedure Rules 2009, S.R. No. 181/2009
were made on 15 December 2009 by the Chief Magistrate together with
2 Deputy Chief Magistrates jointly under section 16 of the Magistrates'
Court Act 1989, No. 51/1989 and section 419 of the Criminal Procedure
Act 2009, No. 7/2009 and came into operation on 1 January 2010: rule 3.
The Magistrates' Court Criminal Procedure Rules 2009 will sunset 10 years
after the day of making on 15 December 2019 (see section 5 of the
Subordinate Legislation Act 1994).

156
Endnot
es
. Table of Amendments
This Version incorporates amendments made to the Magistrates' Court
Criminal Procedure Rules 2009 by statutory rules, subordinate instruments
and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Magistrates' Court Criminal Procedure (Amendment No. 1) Rules 2011,
S.R. No. 18/2011
Date of Making: 13.4.11
Date of Commencement: 22.4.11: rule 3
Magistrates' Court Criminal Procedure (Amendment No. 2) Rules 2011,
S.R. No. 59/2011
Date of Making: 7.7.11
Date of Commencement: 10.7.11: rule 3
Magistrates' Court (Reference Amendment) Rules 2011, S.R. No. 123/2011
Date of Making: 3.11.11
Date of Commencement: 3.11.11
Magistrates' Court Miscellaneous Amendment Rules 2011, S.R. No. 150/2011
Date of Making: 6.12.11
Date of Commencement: 8.12.11: rule 3
Magistrates' Court Criminal Procedure (Amendment No. 3) Rules 2012,
S.R. No. 118/2012
Date of Making: 23.10.12
Date of Commencement: 1.1.13: rule 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

157
Endnot
es
. Explanatory Details

158
1
Rule 59(a): S.R. No. 1/2003. Reprint No. 1 as at 15 August 2006. Reprinted to S.R. No. 104/2006. Subsequently
amended by S.R. Nos 155/2009 and 121/2010.