children's court criminal procedure rules 2009 · children's court criminal procedure...

Authorised by the Chief Parliamentary Counsel

i

Authorised Version No. 002

Children's Court Criminal Procedure Rules 2009

S.R. No. 189/2009 Authorised Version incorporating amendments as at

20 February 2013

TABLE OF PROVISIONS Rule Page

ORDER 1 1 PRELIMINARY 1

1.01 Object 1 1.02 Authorising provisions 1 1.03 Commencement 1 1.04 Definitions 1 1.05 Noncompliance 2 1.06 Application of the Magistrates' Court Criminal Procedure

Rules 2009 2

ORDER 2 3 CRIMINAL PROCEEDINGS 3

2.01 Legal practitioner to notify if ceases to act 3 2.02 Advice in other languages 3 2.03 Witness summons 3 2.04 Extension of time for commencement of proceeding for

summary offence 3 2.05 Joint committals 4 2.06 General applications 4

ORDER 3 5 APPEALS 5

3.01 Application 5 3.02 Procedure on appeal from Children's Court to County Court or

Supreme Court 5 3.03 Recall and cancel process when an application for a stay is

granted 6 3.04 Application for leave following late filing of appeal to the

County Court or Supreme Court 7


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3.05 Application to set aside an order striking out an appeal in the County Court or Supreme Court 7

3.06 Filing of an appeal from the Children's Court to the Supreme Court on a question of law under Division 5 of Part 5.4 of Chapter 5 of the Act 7

3.07 When the Supreme Court makes a stay of the Children's Court order 7

3.08 When the Supreme Court remits a case for rehearing to the Children's Court 8

ORDER 4 9 MISCELLANEOUS FORMS FOR THE PURPOSES OF THE ACT 9

4.01 Application for time to pay fine, for instalment order or for variation of instalment order 9

4.02 Undertakings 9 4.03 Notice to appear before Court 9 4.04 Good behaviour bond 9 4.05 Probation order, youth supervision order and youth attendance

order 9 4.06 Application to vary or revoke sentence 10 4.07 Order to bring person before a court, including Coroners Court 10 4.08 Applications to the President—publication of proceedings 10

ORDER 5 11 WARRANTS 11

5.01 Particulars of warrants to be entered in the register 11 5.02 Forms of warrants 11 5.03 Authentication of warrants 11

ORDER 6 13 GENERAL 13

6.01 Authentication of an order 13 6.02 Affidavit of service 13

__________________

FORMS 14 Form 1—Notice that Practitioner Ceases to Act 14 Form 2—Do Not Ignore this Notice 15 Form 3—Witness Summons 16 Form 4—Application for Extension of Time 18 Form 5—Application for Joint Committal 20


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Form 6—General Application 22 Form 7—Non-accountable Undertaking 23 Form 8—Accountable Undertaking 25 Form 9—Notice to Appear before the Court 27 Form 10—Good Behaviour Bond 29 Form 11—Probation Order 31 Form 12—Youth Supervision Order 33 Form 13—Youth Attendance Order 35 Form 14—Application to Vary or Revoke a Sentence 37 Form 15—Order to Bring a Person before a Court, Including Coroners

Court 39 Form 16—Order to bring a Child before the Court Prior to the

Adjourned Date 41 Form 17—Application under Section 534—Publication of Proceedings 43 Form 18—Warrant to Detain 44 Form 19—Warrant to Arrest 46 Form 20—Children's Court Remand Warrant 48 Form 21—Affidavit of Service 51

═══════════════

ENDNOTES 54 1. General Information 54 2. Table of Amendments 55 3. Explanatory Details 56


1

Authorised Version No. 002

Children's Court Criminal Procedure Rules 2009

S.R. No. 189/2009 Authorised Version incorporating amendments as at

20 February 2013

The President together with 2 Magistrates jointly make the following Rules:

ORDER 1

PRELIMINARY

1.01 Object The object of these Rules is to provide for the practice and procedure of the Criminal Division of the Children's Court.

1.02 Authorising provisions These Rules are made under section 588(1A) of the Children, Youth and Families Act 2005, section 419 of the Criminal Procedure Act 2009 and all other enabling powers.

1.03 Commencement These Rules come into operation on 1 January 2010.

1.04 Definitions In these Rules—

child has the same meaning as it has in section 3 of the Children, Youth and Families Act 2005;

parent has the same meaning as it has in section 3 of the Children, Youth and Families Act 2005;


Order 1

Children's Court Criminal Procedure Rules 2009 S.R. No. 189/2009

2

the Act means the Children, Youth and Families Act 2005.

1.05 Noncompliance (1) Noncompliance with a Rule does not invalidate

proceedings to which these Rules apply, unless the Court directs or orders otherwise.

(2) If a Rule has not been complied with the Court may—

(a) waive the noncompliance; or

(b) set aside all or part of the proceeding; or

(c) make any other order it considers appropriate.

1.06 Application of the Magistrates' Court Criminal Procedure Rules 2009

If these Rules do not address an issue of criminal practice and procedure, the Magistrates' Court Criminal Procedure Rules 20091 apply with any necessary modification.

__________________

r. 1.05


Order 2


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ORDER 2

CRIMINAL PROCEEDINGS

2.01 Legal practitioner to notify if ceases to act If a legal practitioner ceases to act for a party in a criminal proceeding, the legal practitioner must immediately—

(a) serve a notice in Form 1 on—

(i) the informant; and

(ii) the accused; and

(b) file a notice in Form 1 in the Court.

2.02 Advice in other languages (1) In a criminal proceeding, information in Form 2

must be included with and form part of—

(a) any originating process served on a child or parent; and

(b) any process served on a witness; and

(c) any witness summons served on a person.

2.03 Witness summons (1) A witness summons must be in Form 3.

(2) A witness summons to give evidence or to give evidence and produce documents or things must be directed to one person.

2.04 Extension of time for commencement of proceeding for summary offence

An application for an extension of time under section 344B(1) of the Act must be made in Form 4.

r. 2.01


Order 2


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2.05 Joint committals (1) An application for a joint committal under section

516A of the Act must be made in Form 5.

(2) The registrar must notify the Magistrates' Court of any application for a joint committal.

(3) The registrar must provide a copy of an order made by the Court for a joint committal to the registrar of the Magistrates' Court.

2.06 General applications If a party to a criminal proceeding intends to make an application and there is no specific form prescribed for that application, a general application in Form 6 may be used.

__________________

r. 2.05


Order 3


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ORDER 3

APPEALS

3.01 Application These Rules apply to any appeal from the Children's Court under Part 5.4 of Chapter 5 of the Act—

(a) to the County Court; or

(b) to the Supreme Court. 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.

3.02 Procedure on appeal from Children's Court to County Court or Supreme Court

(1) The registrar must record in the register the filing of a notice of appeal under section 424 or section 427 of the Act.

(2) When a notice of appeal is filed the registrar must contact the County Court or Supreme 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.

(4) If bail pending appeal is granted under section 430B of the Act, 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 or Supreme Court when a notice of appeal is filed—

r. 3.01


Order 3


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(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, the 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 424 of the Act.

3.03 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.

r. 3.03


Order 3


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3.04 Application for leave following late filing of appeal to the County Court or Supreme 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.

(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.

3.05 Application to set aside an order striking out an appeal in the County Court or Supreme Court

The registrar must record in the register that an application to the County Court or Supreme Court to set aside an order striking out an appeal under section 430D(3) of the Act has been granted when notified by the County Court or Supreme Court.

3.06 Filing of an appeal from the Children's Court to the Supreme Court on a question of law under Division 5 of Part 5.4 of Chapter 5 of the Act

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.

3.07 When the Supreme Court makes a stay of the Children's Court order

(1) When notified that the Supreme Court has ordered a stay of an order made by the Children's Court under section 430P of the Act, the registrar must recall any process issued to give effect to the order made by the Children's Court.

r. 3.04


Order 3


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(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.

3.08 When the Supreme Court remits a case for rehearing to the Children's Court

When informed that the Supreme Court has made an order under section 430P of the Act remitting a case to the Court for rehearing, the registrar must re-list the matter before the Court.

__________________

r. 3.08


Order 4


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ORDER 4

MISCELLANEOUS FORMS FOR THE PURPOSES OF THE ACT

4.01 Application for time to pay fine, for instalment order or for variation of instalment order

An application is made in the prescribed manner for the purposes of section 377 of the Act if it is made orally or in writing.

4.02 Undertakings (1) For the purposes of section 363 of the Act, the

form of non-accountable undertaking is Form 7.

(2) For the purposes of section 365 of the Act, the form of accountable undertaking is Form 8.

4.03 Notice to appear before Court For the purposes of sections 366, 369, 371, 378, 384, 392 and 408 of the Act, the form of notice to appear before the Court in the Criminal Division is Form 9.

4.04 Good behaviour bond For the purposes of section 367 of the Act, the form of good behaviour bond is Form 10.

4.05 Probation order, youth supervision order and youth attendance order

(1) For the purposes of sections 378, 380, 381 and 382 of the Act, the form of probation order is Form 11.

(2) For the purposes of sections 378, 387, 388 and 389 of the Act, the form of youth supervision order is Form 12.

(3) For the purposes of sections 397 to 401 of the Act, the form of youth attendance order is Form 13.

r. 4.01


Order 4


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4.06 Application to vary or revoke sentence An application under section 381(5), 389(4), 409 or 421 of the Act, may be made in Form 14.

4.07 Order to bring person before a court, including Coroners Court

(1) For the purposes of section 490 of the Act, the prescribed form of order is Form 15.

(2) For the purposes of section 530(5) of the Act, the prescribed form of order is Form 16.

4.08 Applications to the President—publication of proceedings

An application under section 534(1) of the Act for the permission of the President for the publication of proceedings in the Criminal Division must be in Form 17.

__________________

r. 4.06


Order 5


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ORDER 5

WARRANTS

5.01 Particulars of warrants to be entered in the register For the purposes of sections 419 and 537(1) of the Act, the following particulars prescribed for the purposes of section 57(2) of the Magistrates' Court Act 1989 are to be entered in the register—

(a) the type of warrant issued;

(b) the date of issue of warrant;

(c) in the case of a warrant to seize property 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.

5.02 Forms of warrants (1) A warrant to detain for the purposes of

sections 410 to 413 and 419 of the Act must be in Form 18.

(2) A warrant to arrest for the purposes of the Act must be in Form 19.

(3) A remand warrant for the purposes of the Act must be in Form 20.

5.03 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

r. 5.01


Order 5


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(b) the date of issue of the warrant. Note

See also section 419 of the Act.

__________________

r. 5.03


Order 6


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ORDER 6

GENERAL

6.01 Authentication of an order For the purposes of section 537(2) of the Act, an order is authenticated—

(a) if the order is entered in writing in the register, by signing the entry; or

(b) if the order is entered into a computerised data storage and retrieval system when it is confirmed in that system.

6.02 Affidavit of service For the purposes of the Act and the Criminal Procedure Act 2009, an affidavit of service must be in Form 21.

__________________

r. 6.01



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FORMS

FORM 1 Rule 2.01

NOTICE THAT PRACTITIONER CEASES TO ACT In the Children's Court of

Victoria at [venue]

Court Reference:

BETWEEN [name of informant]

v.

[name of accused]

In the matter of [name of parties]

TAKE NOTICE that the legal practitioner (or firm) indicated below NO LONGER ACTS for the accused [name(s)] in this matter.

Date:

[Signed]

Name of practitioner (or firm):

Address of practitioner (or firm):

Telephone number:

Present address of accused:

NOTE

This notice must be served on—

the Informant; and

the former client; and

filed in the Court

as soon as possible after a practitioner has ceased to act for an accused.

__________________

Form 1



15

FORM 2 Rule 2.02

Children, Youth and Families Act 2005

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.)

__________________

Form 2



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FORM 3 Rule 2.03


WITNESS SUMMONS Court Ref.:

To the witness [name]

*Male/*Female

Address

DETAILS OF THE CASE

Name of child

Type of hearing

*Charges [brief description]

*Protection application

*Irreconcilable Differences application

*Other [specify]

Name of informant/applicant

Agency and address

Email Address

Telephone

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

[specify documents or things]

Form 3



17

* produce at the hearing the following documents or things that are in your possession or control—

[specify documents or things]

You may produce this summons and the documents or things referred to above to the Registrar of the Children's Court at [venue] by hand or by post, in either case so that the registrar receives them not later than 2 days before the date on which you are required to attend.

If you are required to give evidence, you must attend at the hearing.

WHERE YOU MUST GO

The Children's Court at [address]

Telephone

When

Time Day Month Year

Issued at

Date

*Registrar/*Judge/*Magistrate

*Summons filed by [identify party if any]

* Delete if not applicable

__________________

Form 3



18

FORM 4 Rule 2.04


(Section 344B)

APPLICATION FOR EXTENSION OF TIME To [name]

*Male/*Female

Date of Birth

Address

DETAILS OF THIS APPLICATION

This application is for an extension of time for commencement of a proceeding.

This is the only application for extension of time that has been made in relation to this matter.

The grounds for the application will be adduced by sworn oral evidence or set out in the attached *affidavit/*statement/*other means.

Applicant's name

Agency and address

Telephone

Date

[Signature]

DETAILS OF THE HEARING

A hearing of this application will be held at [time] a.m./p.m. on [date] at the Children's Court at [venue].

Issued at

Date

Registrar


Form 4



19

NOTES

A notice of the charge signed by the applicant must be filed and served 14 days prior to the hearing.

The child is entitled to appear at the hearing of this application. However if the child chooses not to appear the application can be heard in the absence of the child.

__________________

Form 4



20

FORM 5 Rule 2.05


(Section 516A)

APPLICATION FOR JOINT COMMITTAL To [name]

*Male/*Female

Date of Birth

Address


The applicant is charged with offence(s) that include

murder attempted murder manslaughter arson causing death

culpable driving causing death other

This application is for a joint committal with [name of co-accused] who has a matter listed at the [venue] Magistrates' Court on [date].

The matter is listed at the [venue] of the Children's Court for a committal mention 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 Magistrates' Court on [date].

This application is appropriate because the charges against each accused could properly be joined in the same indictment; and

the co-accused is an adult.

Applicant's name

Agency and address

Telephone

[Signature]

Date

Form 5



21



Issued at

Date

Registrar


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).

__________________

Form 5



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FORM 6 Rule 2.06


GENERAL APPLICATION Court Ref.:

In the matter of

An Application by

The Applicant applies to the Children's Court for the following orders:

[specify orders being sought]

GROUNDS FOR APPLICATION

The following grounds are relied on: [list grounds]



Issued at

Date

Registrar

*Delete if not applicable

__________________

Form 6



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FORM 7 Rule 4.02(1)


(Section 363)

NON-ACCOUNTABLE UNDERTAKING Court Ref.:

To [name]

*Male/*Female

Date of Birth

Address

The Children's Court at [venue] on [date] found you guilty of

[list offences]

You have not been convicted of these offences.

DETAILS OF THE ORDER

The Court made the following Order

That the charge(s) against you be dismissed

AND

That you give the following undertaking

[insert details]

That your parent, [name] give the following undertaking

[insert details]

I agree to comply with this undertaking.

[Signature of child] [Signature of parent]

Form 7



24

NOTE

An undertaking is a promise to the Court that you will or will not do the things specified in the undertaking.

Date

*Judge/*Magistrate


__________________

Form 7



25

FORM 8 Rule 4.02(2)


(Section 365)

ACCOUNTABLE UNDERTAKING Court Ref.:

To [name]

*Male/*Female

Date of Birth

Address


[list offences]




That the charge(s) against you be dismissed

AND

That you give the following undertaking

[insert details]

AND

That if you breach the undertaking you be made accountable and be dealt with for the breach.

That your parent, [name] give the following undertaking

[insert details]

I agree to comply with this undertaking.

[Signature of child] [Signature of parent]

Form 8



26

NOTE

An undertaking is a promise to the Court that you will or will not do the things specified in the undertaking. If you fail to comply with this undertaking the Court may direct that you be brought back before the Court.

Date

*Judge/*Magistrate


__________________

Form 8



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FORM 9 Rule 4.03


(Sections 366, 369, 371, 378, 384, 392 and 408)

NOTICE TO APPEAR BEFORE THE COURT CRIMINAL DIVISION

Court Ref.:

To [name]

*Male/*Female

Date of Birth

Address

DETAILS OF THE SENTENCE OR FINE DEFAULT ORDER

The order was made by the Children's Court at [venue] on [date].

The charge-sheet was filed by [full name of informant]

Agency and address

Telephone

The sentence or fine default order was:

*an Accountable Undertaking *a Good Behaviour Bond *a Fine

*a Youth Supervision Order *a Youth Attendance Order

*a Probation Order *an Instalment Order

*The order was a fine default order.

DETAILS OF THIS NOTICE

Reasons for service of this notice [set out reasons]

Applicant's name

Form 9



28

Agency and address

Telephone

Date

[Signature]


A hearing of this case will be held at [time] a.m./p.m. on [date] at the Children's Court at [venue].

YOU MUST APPEAR BEFORE THE COURT AT THE HEARING.

IF THE ORDER WAS MADE AGAINST YOU, AND YOU FAIL TO APPEAR BEFORE THE COURT, THE COURT MAY ORDER THAT A WARRANT TO ARREST YOU BE ISSUED.

Issued at

Date

Registrar


__________________

Form 9



29

FORM 10 Rule 4.04


(Section 367)

GOOD BEHAVIOUR BOND Court Ref.:

To [name]

*Male/*Female

Date of Birth

Address


[list offences]




That the proceeding be adjourned until [end date] on condition that you enter into a good behaviour bond.

The amount of your bond is $ [insert amount of bond].

The following conditions apply to your good behaviour bond

That you appear, if so required by the Court, at the time to which the proceeding has been adjourned. (You will receive a notice if you have to come to Court).

That you appear before the Court, if required to do so, during the period of the adjournment. (You will receive a notice if you have to come to Court).

That you are of good behaviour during the period of the adjournment.

That you observe any special conditions imposed by the Court.

Form 10



30

*Special Conditions

[insert details]

I agree to enter into this Good Behaviour Bond, to appear before the Court if required, and to observe any special condition imposed by the Court.

[Signature of the child]

Date

*Judge/*Magistrate


__________________

Form 10



31

FORM 11 Rule 4.05(1)


(Sections 378, 380, 381 and 382)

PROBATION ORDER Court Ref.:

To [name]

*Male/*Female

Date of Birth

Address


[list offences]

You *were/*were not convicted of these offences.


The Court orders that you be placed on probation *for [period] until [end date].

*The Court directs that your probation order be served:

*cumulatively on any uncompleted probation order.

*in part concurrently with any uncompleted probation order.

*Details of part concurrency:

THE FOLLOWING CONDITIONS APPLY TO YOUR PROBATION ORDER

1. You must report to the Secretary to the Department of Human Services within 2 working days after this order is made. (An officer of the Department of Human Services will contact you to let you know when and where you are to report).

2. You must report, during the period of the probation order, to your assigned youth justice officer as required by the youth justice officer.

3. You must not re–offend during the period of the probation order.

4. You must not leave the State without the written permission of the Secretary.

Form 11



32

5. You must notify your assigned youth justice officer of any change of residence, school or employment within 48 hours after the change.

6. You must obey the reasonable and lawful instructions of your assigned youth justice officer.

Note

Any reference to the Secretary is to be taken as including a reference to one of his or her delegated officers.

*The Court also ordered that you comply with the following special conditions

[insert details]

*I consent to this order being made.

*[Signature of child]

Date

*Judge/*Magistrate


__________________

Form 11



33



(Sections 378, 387, 388 and 389)

YOUTH SUPERVISION ORDER Court Ref.:

To [name]

*Male/*Female

Date of Birth

Address


You *were/*were not convicted of these offences.


The Court orders that you be placed on a youth supervision order *for [period] *until [end date].

*The Court directs that your youth supervision order be served:

*cumulatively on any uncompleted youth supervision order(s).

*in part concurrently with any uncompleted youth supervision order(s).

*Details of part concurrency

CONDITIONS APPLICABLE TO YOUR YOUTH SUPERVISION ORDER

1. You must report to the Secretary to the Department of Human Services within 2 working days after this order is made.

2. You must report, during the period of the youth supervision order, to the Secretary as required by the Secretary.

3. You must not re-offend during the period of the youth supervision order.


5. You must notify the Secretary of any change of residence, school or employment within 48 hours after the change.

Form 12



34

6. You must attend a youth justice unit or any other place specified in the youth supervision order.

7. You must participate in a community service program or any other program, if so directed by the Secretary.

8. You must obey the reasonable and lawful instructions of the Secretary.

Note


*The Court also ordered that you comply with the following special conditions:

[insert details]

I consent to this order being made.

[Signature of child]

Date

*Judge/*Magistrate


__________________

Form 12



35



(Sections 397–401)

YOUTH ATTENDANCE ORDER Court Ref.:

To [name]

*Male/*Female

Date of Birth

Address

The Children's Court at [venue] on [date] convicted you of

[list offences]

and made a youth attendance order in respect of you*for [period] *until [end date].

*The Court directed that your attendance order be served:

*cumulatively on any uncompleted youth attendance order(s).

*in part concurrently with any uncompleted youth attendance order(s).

*Details of part concurrency:


1. You must report to the Secretary to the Department of Human Services within 2 working days at [venue] after this order is made.

2. You must not commit another offence during the period that the order is in force.

3. You must attend a youth justice unit for *[period] *until [end date].


5. You must notify the Secretary of any change of residence, school or employment within 48 hours after the change.

6. You must comply with the provisions of a notice under section 402 of the Act and with the requirements for attendance in section 402(1)(a) and (b) of the Act.

Form 13



36

7. You must attend at any alternative day and time set by the Secretary under section 402(5) of the Act or attend for any extension of the term of the order as fixed by the Secretary under section 402(6) of the Act.

8. You must carry out the reasonable and lawful directions of the Secretary or any person under the authority of the Secretary under sections 406 and 407(1) of the Act.

Note


*The Court also ordered that you comply with the following special conditions

[insert details]

*I consent to this order being made.

*[Signature of child]

Date

*Judge/*Magistrate


__________________

Form 13



37

FORM 14 Rule 4.06


(Sections 381(5), 389(4), 409 and 421)

APPLICATION TO VARY OR REVOKE A SENTENCE Court Ref.:

To [name]

*Male/*Female

Date of Birth

Address

DETAILS OF THE SENTENCE

The order was made by the Children's Court at [venue] on [date].

The charge-sheet was filed by [full name of informant]

Agency and address

Telephone

The sentence was

*a probation order/*a youth supervision order/*a youth attendance order.


This application is to *vary the order/*revoke the order.

The grounds for the application are

[insert grounds]

Applicant's name

Agency and address

Telephone

Form 14



38

Date

[Signature]



Issued at

Date

Registrar


__________________

Form 14



39



(Section 490)

ORDER TO BRING A PERSON BEFORE A COURT, INCLUDING CORONERS COURT

Court Ref.:

Name of child

*Male/*Female

Date of Birth

To:

*the Secretary to the Department of Human Services

*the officer in charge at [insert name of place where child has been remanded in custody or name of youth residential centre or youth justice centre where child has been detained]

*all members of the police force of Victoria

I order that the child is to be brought to the Children's Court at [name and address of Children's Court or name and address of place where facilities exist to enable the child to appear by audio visual link within the meaning of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958] at [time] a.m./p.m. on [date].

DETAILS OF THE PROCEEDING

[describe the proceeding]

REASON FOR ORDER (set out reasons)

AND the person is to remain in the custody of that member of the police force, protective services officer or other officer acting under this order until returned to the officer in charge of the place of detention or remand.

Applicant's name

Agency and address

Form 15



40

Telephone

Email address

Signed at

Date

*Judge/*Magistrate/*Registrar/*Coroner/*Registrar of the Coroners Court


__________________

Form 15



41



(Section 530(5))

ORDER TO BRING A CHILD BEFORE THE COURT PRIOR TO THE ADJOURNED DATE

Court Ref.:

Name of child

*Male/*Female

Date of Birth

To:

*the Secretary to the Department of Human Services

*the officer in charge at [insert name of place where child has been remanded in custody or name of secure welfare service where child has been placed]

*all members of the police force of Victoria

I order that the child is to be brought to the Children's Court at [name and address of Children's Court or name and address of place where facilities exist to enable the child to appear by audio visual link within the meaning of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958) at [time] a.m./p.m. on [date].

The child is to answer the following charges [provide brief description]

The charge-sheet was filed by

Name

Agency and Address

The charge-sheet was filed at the Children's Court at [venue]

OR

Form 16



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The child is to be brought before the Court on

*a Protection Application

*an Irreconcilable Differences Application

*other [give details]

Signed at

Date

*Judge/*Magistrate


__________________

Form 16



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FORM 17 Rule 4.08


APPLICATION UNDER SECTION 534—PUBLICATION OF PROCEEDINGS

Court Ref.:

In the matter of

An Application by

The Applicant applies to the President of the Children's Court for the following orders:

1. An order pursuant to section 534(1) of the Children, Youth and Families Act 2005 that [insert name] be permitted to publish the following [list particulars].

2. *Such other or further orders as the Court sees fit.

Grounds for Application

The following grounds are relied on: [list grounds]

Details of the hearing

A hearing of this application will be held at [time] a.m./p.m. on [date] at the Children's Court at [venue]

Issued at

Date

Registrar

*Delete if not applicable

__________________

Form 17



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(Sections 410 to 413 and 419)

WARRANT TO DETAIN Court Ref.:

Name of child

*Male/*Female

Date of Birth

Address


Name

Agency

The charges were heard in the Children's Court at [venue]

DETENTION ORDER SUMMARY

Effective total term

Time spent in custody. Taken into account *Yes/*No

Sentences imposed in this case to be:

*cumulative on other sentences presently being served

*part concurrent with other sentences presently being served. (the concurrent portion of the sentence)

*cumulative on any period owed to the Youth Parole Board or the Youth Residential Board

*part concurrent with any period owed to the Youth Parole Board or Youth Residential Board (the concurrent portion of sentence)

Date sentenced imposed

Form 18



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The Court also ordered

[insert details]

AUTHORITY AND DIRECTIONS

To [name of a member of the police force] or [all members of the police force]

You are authorised to break, enter and search any place where the child named in this warrant is suspected to be and to take and safely convey the child named in this warrant to

*a youth justice centre *a youth residential centre

and to deliver the child to the officer in charge of the youth justice centre or youth residential centre.

To the Secretary to the Department of Human Services or any other person into whose custody the child named in this warrant is transferred

You are directed and authorised to receive that child into custody and to safely keep that child for the period specified, or in the circumstances described in this warrant or until that child is otherwise removed or discharged from custody by due course of law.

Issued at

Date



__________________

Form 18



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WARRANT TO ARREST Court Ref.:

Name of person to be arrested

*Male/*Female

Date of Birth

Address

STATEMENT OF REASONS FOR THIS WARRANT

*The accused failed to appear before the Court on [date] in answer to a charge and summons.

*The accused failed to attend before the Court on [date] in accordance with his or her bail.

*The person failed to appear before the Court on [date] in answer to a notice to appear before the Court.

*The person was served with a witness summons and failed to attend before the Court on [date] in answer to that witness summons.

*Other

[give details]

The accused was charged with


Agency and address

Telephone

Form 19



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DIRECTIONS

To [name of a member of the police force] or [all members of the police force]

You are authorised to

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 of the Court within a reasonable time of being arrested to be dealt with according to law. If the warrant is issued in respect of a sentence alleged to have been breached, the child must be brought before the Court within a reasonable time of being arrested but not later than the next working day after the child is arrested and in the meantime must be placed as provided by the Children, Youth and Families Act 2005;

OR

*release him or her on bail in accordance with the endorsement below;

OR

*discharge him or her on bail under section 10 of the Bail Act 1977.

Issued at

Date


ENDORSEMENT FOR BAIL

A judge or magistrate has authorised the following endorsement

[insert details]

The person named may be released upon entering an undertaking of bail to appear at the Children's Court at [venue] on the following conditions

[insert details]

Date



__________________

Form 19



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(Section 419)

CHILDREN'S COURT REMAND WARRANT Court Ref.:

Name of *accused *[or witness]

*Male/*Female

Date of Birth

Address

The accused (or witness) has been *remanded in custody *returned to the custody of the Secretary to the Department of Human Services

The proceeding has been adjourned and the accused (or witness) is to be brought before the Children's Court at [venue] at [time] on [date].

The accused has been committed to stand trial.

The accused was charged with

[list offences]


Agency and address

Telephone

The charge-sheet is filed

*at the Children's Court at [venue]

*with the Bail Justice making this order.

Form 20



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AUTHORITY AND DIRECTIONS

If a child is remanded in custody

To [name of a member of the police force] or [all members of the police force] or the Secretary to the Department of Human Services or [insert details]

You must take and safely convey the child named in this warrant to

*a remand centre

*other (only in prescribed regions). Specify place where child is to be placed [insert details]

and deliver the child to the officer in charge of that facility.

If an adult is remanded in custody

To [name of a member of the police force] or [all members of the police force] or all prison officers

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 Human Services or to the Secretary to the Department of Justice or to the Chief Commissioner of Police (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

*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.

ENDORSEMENTS

The accused or the witness did not apply for bail.

I certify that the accused's or witness's bail application was refused. The reasons for my refusal are

[insert reasons]

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

[insert conditions]

Form 20



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The accused or witness was legally represented by

[insert details]

Signed at

Date

*Registrar/*Judge/*Magistrate/*Bail Justice


__________________

Form 20



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FORM 21 Rule 6.02


Criminal Procedure Act 2009

AFFIDAVIT OF SERVICE *SERVICE OPTIONS UNDER THE CHILDREN, YOUTH AND FAMILIES ACT 2005

I, [full name] of [address], [occupation] *swear/*declare that I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date)] at [time] a.m./p.m. by:

*delivering it to *him/*her personally at [address]

*leaving it for *him/*her at [address]

being that person's last known place of *residence/*business with a person who apparently resided or worked there and who apparently was not less than 16 years of age.

*posting it by*prepaid ordinary post/*registered post at [address of posting] in an envelope addressed to that person at his or her last known place of *residence/*business. I obtained this address from [specify].

*other [specify]

*SERVICE OPTIONS UNDER THE CRIMINAL PROCEDURE ACT 2009

I, [full name] of [address], [occupation] *swear/*declare that I served a copy of the [describe document] on [name of person served] who is the [capacity e.g. mother/father/child] on [date)] at [time] a.m./p.m. in accordance with section 391, 392 or 394 of the Criminal Procedure Act 2009 by:

Personal service

*personal service by [insert details under section 391(2)(a), (b) or (c) of that Act] at [insert address]

*personal service under section 391(3) of that Act where the person being service is in detention by sending a copy of the document by registered post to [insert name] at [insert address].

*personal service on a legal practitioner under [insert details under section 391(4)(a), (b) or (c) of that Act] at [insert address]

Form 21



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Service on the informant/DPP

*serving on the informant under section [insert details under section 392(2)(a), (b), (c), (d) or (e) of that Act] at [insert address if appropriate]

*serving on the DPP under section [insert details under section 392(3)(a), (b), (c), (d, (e) or (f) of that Act] at [insert address if appropriate]

*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.

Ordinary service

*ordinary service under section 394(a) of that Act by sending a copy of the document by prepaid ordinary post addressed to the person to be served at the last known place of residence or business at [insert address].

*ordinary service under section 394(b) of that Act by sending a copy of the document by prepaid ordinary post addressed to the legal practitioner at [insert address].

*ordinary service under section 394(c) of that Act by [insert details of service] which was agreed by the parties.

*other [specify]

*I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury.

*Sworn/*Declared at [place]

in the State of Victoria

on [date]

Before

[Signed by person]

*authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration.

*authorised under section 123C(1) of the Evidence (Miscellaneous Provisions) Act 1958 to take an affidavit. [Name and address in legible writing, typing or stamp]


Form 21



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Dated: 23 December 2009

PAUL DOUGLAS GRANT, President of the Children's Court of Victoria

GREGORY JOHN ZALMAN LEVINE, Magistrate of the Children's Court of Victoria

PETER THOMAS POWER, Magistrate of the Children's Court of Victoria

═══════════════

Form 21



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ENDNOTES

1. General Information The Children's Court Criminal Procedure Rules 2009, S.R. No. 189/2009 were made on 23 December 2009 by the President together with 2 Magistrates jointly under section 588(1A) of the Children, Youth and Families Act 2005, No. 96/2005 and section 419 of the Criminal Procedure Act 2009, No. 7/2009 and came into operation on 1 January 2010: rule 1.03.

The Children's Court Criminal Procedure Rules 2009 will sunset 10 years after the day of making on 23 December 2019 (see section 5 of the Subordinate Legislation Act 1994).

Endnotes



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2. Table of Amendments There are no amendments made to the Children's Court Criminal Procedure Rules 2009 by statutory rules, subordinate instruments and Acts.

Endnotes



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3. Explanatory Details

1 Rule 1.06: S.R. No. 181/2009.

Endnotes

children's court criminal procedure rules 2009 · children's court criminal procedure...

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