Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 4) (NO 53 OF 2004) - REG 25

after part 1.4 heading, insert

Form 4.1     Form of affidavit—criminal proceedings

(see o 80 r 3)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

( name of accused person )

On ( date, eg 14 June 2005 ), I ( name, address and occupation ) *[say on oath/solemnly affirm]—

1

2
( etc )

( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete whichever is inapplicable )

Form 4.2     Annexures to affidavit—information on first page

(see o 80 r 3)
This (and the following ( number ) page/s) is the annexure marked ‘( appropriate letter ie ‘A' for the 1st annexure, ‘B' for the 2nd annexure etc) ' mentioned in the affidavit of ( name of person making affidavit ) *[sworn/affirmed] at ( place ) on ( date eg 14 June 2005 ) before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]


*( delete whichever is inapplicable )

Form 4.3     Certificate identifying exhibit

(see o 80 r 3)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

( name of accused person )


This is the exhibit marked ( initials of person and identifying number eg ABC 1 ) shown to me when ( name of person making the affidavit ) made *[his/her] affidavit on ( date ).


( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

*( delete whichever is inapplicable )

Form 4.4     Notice of solicitor acting

(see o 80 r 10)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

( name of accused person )

Date committed for trial or sentence: ( if any )

Charges on which accused person
committed:    

I act for ( name ) in this matter.

Solicitor's full name:

Solicitor's full business address:

Solicitor's telephone no:

Current address of accused person:

Address for service:

*Document exchange box no:

*Postal address ( if different from address for service ):

*Fax no:

*Email address:

Date:

( solicitor's signature )
( solicitor's name )

*( delete if inapplicable )

Form 4.5     Notice of solicitor ceasing to act

(see o 80 r 12)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

( name of accused person )


Date of committal for trial or sentence: ( if any )

Charges on which accused person
committed:

( Name of solicitor ) has on ( date ) been given leave to withdraw from acting for ( name ) in this matter.
The last-known address of the accused ( name ) is: ( address )

Date:

( solicitor's signature )
( solicitor's name )

Form 4.6     Notice of motion—bail application

(see o 80 r 15 and r 16)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

In the matter of an application in relation to the grant of bail to ( name of accused person )


Take notice that the Court at Knowles Place, Canberra will be moved by *( accused person/informant ) on ( date ) at 9:30 am (or as soon after that as this motion can be heard) for the following orders:

1     *( if the application is for bail, including for review of a decision to refuse bail ) that the applicant be granted bail *[on the conditions (if any) set out in the applicant's supporting affidavit];

OR

1     *( if the application is by the informant ) ( set out the order (or orders) sought )

2     any other orders that the Court considers appropriate.

These orders are sought on the following grounds ( set out briefly, but specifically, grounds relied on ):


This application is supported by the affidavit of *( accused person/informant ) *[sworn/affirmed] on ( date affidavit sworn/affirmed )

*( if the court made an order under o 80 r 15 (6) (Application in relation to bail by accused person) or o 80 r 16 (6) (Application in relation to bail by informant) )
On ( date ), ( name of judge ) ordered that this notice of motion be served on ( date ).

Date:

( signature of accused person or accused person's lawyer )
( name of accused person or accused person's lawyer)

To :
    *[Director of Public Prosecutions/( accused person/accused person's     lawyer )]
    ( address for service )

*( delete if, or whichever is, inapplicable )

Form 4.7     Form of affidavit—bail application by accused person

(see o 80 r 15)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

In the matter of an application in relation to the grant of bail to ( name of accused person )

On ( date eg 31 October 2005 ), I ( name ) of ( address—if in custody, state address of remand centre) , in ( name of place eg the Australian Capital Territory ), *[say on oath/solemnly affirm]—

1     I am the applicant. I seek *[bail/review of bail/ variation of bail ].

2     *( for an accused person who has been committed for sentence or trial to the court ) I was committed to the Supreme Court for [trial/sentence] on ( date ).

OR

2     *( for an accused person who has been convicted or found guilty of an offence ) I was *[convicted/found guilty] of ( state what you were convicted or found guilty of ) on ( date ).

OR

2     *( for an accused person who has been sentenced for an offence ) I was sentenced for ( state your sentence ) on ( date ).

3     *( if bail has previously been refused by a court ) I applied for bail *[in the Supreme/Magistrates Court] on ( date ) and *[Justice/Magistrate] ( name of judge or magistrate ) refused bail for the following reasons:
( set out briefly the reasons bail was refused )

OR

3     *( if bail has previously been refused by an authorised officer ) ( Name of authorised officer ) refused bail on ( date ) for the following reasons:
( set out briefly the reasons bail was refused )

4     My date of birth is ( date ).

5     *I have the following charges outstanding against me:

Charges	Charge number (if known)

6     *Annexed and marked ‘A' are the charge sheets for the charges. ( if you cannot provide these documents, state the reason )

7     * Annexed and marked ‘B' is the statement of facts for the charges. ( if you cannot provide these documents, state the reason )

8     I *[have/do not have] a criminal record.

9     *( if you are in custody ) I have been in custody since ( date ).

10     ( for an accused person ) The matter is next in the *Court/Magistrates Court for *[mention/sentence/trial] on ( date ).

OR

10     *( for an accused person who has been sentenced for an offence ) My appeal is next before the Supreme Court on ( date ).

11     The police officer in charge of my case is ( name of police officer ).

12     *( if the Bail Act 1992, section 9C (Bail for murder), section 9D (Bail for serious offence committed while charge for another pending or outstanding) or section 9E (Bail for person sentenced to imprisonment) applies to the application ) The special or exceptional circumstances that exist favouring the grant of bail are as follows:
(s tate special or exceptional circumstances ).

13     I seek *[bail/review of bail/variation of bail] for the following reasons:
*( if the Bail Act 1992, section 9C, section 9D or section 9E applies to this application ) The special or exceptional circumstances that exist favouring the grant of bail are as follows:
(s tate special or exceptional circumstances ).

*( if a court has made a decision in relation to an application for bail by you and this application is a further application for bail , state:
(a)     whether you were represented by a lawyer at the hearing of your first application to a court for bail in relation to the offence with which you are charged; or
(b)     any significant change in circumstances relevant to the granting of bail since your most recent application to a court for bail; or
(c)     any fresh evidence or information of material significance to the granting of bail that was unavailable on the most recent application to a court for bail ).

*( if this application is for review of a decision in relation to bail, state:
(a)     any significant change in circumstances relevant to the granting of bail; or
(b)     the availability of fresh evidence or information of material significance to the granting of bail that was unavailable on the most recent application to the court for bail) .

14     *I seek bail with the following conditions:

Example of conditions

1     live at ( address )

2     report to the officer in charge of the ( name ) police station between the hours of ( times ) on ( days )

3     accept supervision of the director of corrective services

4     enter the residential program at ( place ) (Evidence of acceptance into program to be annexed to affidavit)

5     not to approach the following people ( list people )


( signature of person making affidavit )

*[Sworn/Affirmed] at

before me:

( signature of person before whom affidavit is taken )
*[Justice of the Peace/Barrister/Solicitor/( other )]

* ( delete if, or whichever is, inapplicable )

Form 4.8     Pre-trial questionnaire

(see o 80 r 20)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

( name of accused person )

Date of committal:
Charges:
Accused person's solicitor:
Name of solicitor handling matter:
Solicitor's address:
Solicitor's telephone no:
Solicitor's fax no:
Solicitor's email address:
Current address of accused person:

Accused person's counsel for trial (if known):
Counsel's address:
Counsel's telephone no:
Counsel's fax no:
Counsel's email address:

Prosecution lawyer handling matter:
Prosecuting counsel:

If it is intended to brief counsel but this has not been done, give reasons:

    Accused person:


    DPP:


Completed by:

            Accused person             DPP

Item	Question	Accused person	DPP
1	Are there co-accused? If so, identify them.
2	Have the prosecution and the accused person or accused person's representatives conferred?
3	Is there a possibility that the matter will be resolved by the acceptance of a plea of guilty to a lesser or other charge(s)?
4	Is there likely to be any change in the indictment?
5	Is there likely to be any challenge to the indictment? If so, provide particulars.
6	Is there to be an application to sever the indictment?
7	Is there to be an application for a separate trial?
8	Has a statement of the prosecution case been given to the accused person?
9	(a)     Has the prosecution provided to the accused person: (i)     a list of witnesses it proposes to call? (ii)     all statements of those witnesses? (b)     If not, when will they be supplied?	(a) (i) (ii) (b)	(a) (i) (ii) (b)
10	(a)     Does the prosecution propose to call additional evidence? (b)     If so, has the prosecution told the accused person or the accused person's representatives? (c)     If so, have copies of the additional evidence been supplied to the accused person? (d)     If not, when will they be supplied?	(a) (b) (c) (d)	(a) (b) (c) (d)
11	Are there any issues relating to disclosure that require resolution?
12	(a)     Has any legal aid application on behalf of the accused person been dealt with? (b)     Has legal aid been granted? (c)     Is it anticipated that there will be difficulty in obtaining legal aid?	(a) (b) (c)	(a) (b) (c)
13	(a)     Have admissions of fact been sought by the prosecution? If so, a copy of the admissions sought must be attached. (b)     By reference to the copy attached, what additional admissions should be made?	(a) (b)	(a) (b)
14	(a)     Have admissions of fact been sought by the accused person? If so, a copy of the admissions sought must be attached. (b)     By reference to the copy attached, what additional admissions should be made?	(a) (b)	(a) (b)
15	Is there likely to be any issue as to the accused person's fitness to plead?
16	(a)     Will any of the following defences be raised: (i)     alibi (ii)     self-defence (iii)     substantial impairment of mental responsibility (iv)     automatism (v)     claim of right (vi)     duress (identifying the source) (vii)     non self-induced intoxication leading to inability to form the required intention. (b)     Will any other defence be raised? If so, state the defence.	(a) (i) (ii) (iii) (iv) (v) (vi) (vii) (b)	(a) (i) (ii (iii) (iv) (v) (vi) (vii) (b)
17	How long is the trial likely to take?
18	(a)     Is this a matter that could be brought on for trial at short notice to fill a gap in the trial list? (b)     If so, how much notice do you need?	(a) (b)	(a) (b)
19	Has there been an election for trial by judge alone?
20	Are there any preliminary issues or applications that should be dealt with before the jury is empanelled? If yes, provide details and an estimate of time.
21	(a)     Will there be an application to set aside, or for a stay of, proceedings? (b)     If so, on what grounds?	(a) (b)	(a) (b)
22	Will there be an application for— (a)     use of closed-circuit television? (b)     use of a witness screen? (c)     use of video equipment? (d)     use of audio equipment? (e)     evidence to be taken by telephone? (f)     a view?	(a) (b) (c) (d) (e) (f)	(a) (b) (c) (d) (e) (f)
23	Will an interpreter be required?	(a)     the accused person's language (b)     witness's language	(a)     the accused person's language (b)     witness's language
24	State any limits on prosecution witnesses' availability.
25	State any limits on defence witnesses' availability.
26	State any limits on availability of counsel.
27	State any dates counsel cannot appear.
28	Any general comments

Form 4.9     Notice of motion—criminal proceedings

(see o 80 r 12 and r 28)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

( name of accused person )


Take notice that the Court at Knowles Place, Canberra will be moved by ( party ) on ( date ) at 10 am (or as soon after that as this motion can be heard) for the following orders:

1     ( state briefly orders sought );

2     any other orders that the Court considers appropriate.

*[These orders are sought on the following grounds:

( set out briefly particulars of the grounds relied on that are sufficient for any other party to decide whether to call evidence to resolve the issues raised )]

*[The nature of any question of law to be raised is as follows:

( set out particulars ) ]

*[This application is supported by the affidavit of ( accused person ) *[sworn/affirmed] on ( date affidavit sworn/affirmed )]

( if the court made an order under o 80 r 12 (6) (Withdrawal of solicitor) or o 80 r 28 (3) (Applications under r 25, r 26 and r 27) )
On ( date ), ( name of judge ) ordered that this notice of motion be served on ( date ).

Date:

( signature of applicant or applicant's lawyer )
( name of applicant or applicant's lawyer )

*( delete if, or whichever is, inapplicable )

Form 4.10     Order for production of person in custody

(see o 80 r 30)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

( name of accused person )

The Court orders that :
1     The superintendent ( or as the case may be ) must bring ( name ) (the person in custody ) before the Court to be present during the hearing of ( state the proceedings ) in relation to the person in custody and then returned to custody.

2     The first day the person in custody must be before the Court is ( eg   8 June 2005, at 10 am ) at ( address of court ).

Date:

Registrar

* ( delete if, or whichever is, inapplicable )

Form 4.11     Judgment

(see o 80 r 35)

In the Supreme Court of the Australian Capital Territory

No         of ( year )

( name of accused person )

Judge:

Date of judgment:

Originating process:

How obtained:

Attendance:

Other matters:

1

2

Date entered:

Registrar