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  • Supreme Court Criminal Rules 2014 i

    Current to 1 June 2018 (Amendment No. 6)

    South Australia

    Supreme Court Criminal Rules 2014 The Supreme Court Criminal Rules 2014, dated 25th August 2014, came into operation on

    1st October 2014 (Government Gazette 11 September 2014, p. 4892) have been varied by

    Supreme Court rules dated:

    Date Gazette Date of operation

    # 1 19 March 2015, p. 1188 1 April 2015

    #2 29 February 2016 14 April 2016, p. 1195 1 May 2016

    #3 17 May 2016 23 June 2016, p. 2606 27 June 2016

    #4 26 September 2016 10 November 2016, p. 4380 1 December 2016

    #5 30 October 2017 28 November 2017, p. 4778 1 December 2017

    #6 14 May 2018 24 May 2018, p. 2044 1 June 2018

    By virtue and in pursuance of Section 72 of the Supreme Court Act 1935 and all other

    enabling powers, we, Judges of the Supreme Court of South Australia, make the following

    Supreme Court Criminal Rules 2014.

  • Supreme Court Criminal Rules 2014 i

    Current to 1 June 2018 (Amendment No. 6)

    Contents

    Chapter 1Preliminary

    Part 1Formal provisions

    1Citation

    2Commencement

    Part 2Objects

    3Objects

    Part 3Interpretation

    4Interpretation

    5Calculation of periods of time

    Part 4Application of Rules

    6Application of Rules

    Part 5Repeal and transitional provisions

    7Repeal

    8Transitional provision

    Chapter 2General procedural rules and allocation of Court

    business

    Part 1Sittings

    9Sittings

    Part 2Public access to hearings

    10Public access to hearings 11Recording events in court 12Electronic communications to and from court

    Part 3Court's control of procedure

    13Power of Court to control procedure 14Dispensation 15Supplementary Rules

    Part 4Distribution of Court's business

    16Jurisdiction of Masters 17Registrar's functions

    Part 5Representation

    18Solicitor acting for party 19Service of documents on solicitor acting for party

  • Supreme Court Criminal Rules 2014 ii

    Current to 1 June 2018 (Amendment No. 6)

    Chapter 3Initiation of criminal proceedings

    Part 1Information

    20******************************************************************** 21Information 22Particulars

    23Priority proceedings 23AStatement before arraignment 23B- Case Statements

    Part 2Arraignment

    24Arraignment of persons committed for trial or sentence 25Arraignment on multiple counts 25APriority proceedings

    26Court of trial 27Referral to directions hearing

    Chapter 4Documents, service and hearings generally

    Part 1Documents

    28Approved forms

    29Inspection of court records 30Production of court records 31Child pornography material

    Part 2Service

    32Address for service

    33Obligation to give address for service 34Service of documents at address for service

    Part 3Hearings generally

    35Appearance of defendant in person

    36Appearance of defendant by audiovisual link

    Part 4Hearings for interstate courts

    37Audiovisual evidence for interstate proceedings

    Chapter 5Election for trial by Judge alone

    38Election

    39Election by joint accused 40Manner of making election 41Practitioners certificate 42Time for making election

    43Election irrevocable 44Election after direction for new trial 45Application by Director

  • Supreme Court Criminal Rules 2014 iii

    Current to 1 June 2018 (Amendment No. 6)

    Chapter 6Pre-trial applications and directions

    Part 1Matters before first directions hearing

    46Legal representation certificate or written assurance 47Trial preparation statement

    Part 2Convening directions hearings

    48Convening directions hearing

    Part 3Pre-trial applications

    49Written application 50Oral application 51Time for making certain applications

    Part 4Determination without oral hearing

    52Determination of application without hearing oral submissions

    Part 5Proceedings at directions hearings

    53Forum for directions hearing 54First directions hearing 55Directions hearings generally

    56Tender documents and aids

    Part 6Special directions hearings

    57Convening special directions hearing 57ASpecial directions hearing

    Part 6AVulnerable witnesses

    57BPre-trial special hearing

    57CAdmission of audio visual record of evidence

    Part 7Pre-trial directions hearings

    58Convening pre-trial directions hearing 59Proceedings at pre-trial directions hearing

    Part 8Outcome of directions hearings

    60Outcome of directions hearing

    Chapter 7Notice of and dispensing with evidence

    Part 1Notice of evidence

    61Evidence of discreditable conduct 62Evidence of self-defence or other designated matters

    63Expert or alibi evidence

    Part 2Admissions

    64Dispensing with prosecution witnesses

  • Supreme Court Criminal Rules 2014 iv

    Current to 1 June 2018 (Amendment No. 6)

    65********************************************************************

    Part 3Subpoenas

    66Interpretation 67Issuing subpoena 68Form of subpoena 69Alteration of date for attendance or production 70Setting aside or other relief

    71Service 72Compliance with subpoena 73Production otherwise than on attendance 74Removal, return, inspection, copying and disposal of documents and things 75Inspection of, and dealing with, documents and things produced otherwise than on

    attendance

    76Disposal of documents and things produced

    77Costs and expenses of compliance 78Failure to comply with subpoenacontempt of court 79Documents and things in court custody

    Chapter 8Trial

    Part 1Evidence

    80Audiovisual link evidence or submissions 81Evidence to be taken interstate or overseas

    82Audiovisual record of evidence

    Part 2Exhibits

    83Exhibits

    Chapter 9Juries

    84Interpretation

    85Jurors oath or affirmation 86Jury panel 87Selection of jurors by ballot

    88Jurors in charge of Sheriff or Sheriffs officer 89Non attendance

    Chapter 10Sentencing

    90Victim impact statements

    91Community impact statements

    92Application to fix non-parole period 93Mental impairment detention

    Chapter 11Statutory applications

    94Mental impairment 95******************************************************************** 95AExtended supervision orders

  • Supreme Court Criminal Rules 2014 v

    Current to 1 June 2018 (Amendment No. 6)

    95BContinuing detention orders 96Detention of person unable or unwilling to control sexual instincts

    97Suspension of reporting obligations 98Confiscation orders

    Chapter 12Bail reviews

    99Application of Chapter 100Application for review 101Service of application

    102Transmission of bail authority file 103Hearing of application for review 104Determination of application for review

    Chapter 13Appellate proceedings

    Part 1Introduction

    105Application of Chapter 106Interpretation

    Part 2Commencement of appeal

    107Time for appeal

    108How to commence appeal 108A Permission to appeal 109Petition for mercy

    110Notification of appeal 111Address for service

    Part 3Effect of filing notice of appeal

    112Custody of exhibits

    113Certificate of conviction

    Part 4Reservation of question for Full Court

    114Application for permission to apply to reserve question 115Reservation of question 116*******************************************************************

    117Reference on petition for mercy

    Part 5Permission to appeal

    118Certificate of trial Judge 119Hearing by single Judge

    120Referral of application to Full Court

    Part 6Preparation for hearing of appeal

    121Service of documents and notification of directions 122Witnesses before Full Court

    123Report of trial Judge 124Preparation of appeal book 125Discontinuance of appeal

  • Supreme Court Criminal Rules 2014 vi

    Current to 1 June 2018 (Amendment No. 6)

    125AWritten submission for hearing of the appeal

    Part 7Hearing and determination of appeal

    126Hearing of appeal 127Notifying result of appeal

    Chapter 14Contempt of Court

    Part 1Contempt committed in face of Court

    128Contempt committed in face of Court

    Part 2Court initiated proceedings for contemptother cases

    129Court initiated proceedings for contemptother cases

    Part 3Contempt proceedings by party to proceeding

    130Contempt proceedings by party to proceeding

    Part 4Hearing of charge of contempt

    131Charge to be dealt with by Judge

    132Procedure on charge of contempt 133Punishment of contempt

    History of Amendment

  • Supreme Court Criminal Rules 2014 1

    Current to 1 June 2018 (Amendment No. 6)

    Chapter 1Preliminary

    Part 1Formal provisions

    1Citation

    These Rules may be cited as the Supreme Court Criminal Rules 2014.

    2Commencement

    These Rules commence on 1 October 2014.

    Part 2Objects

    3Objects

    (1) The objects of these Rules are to

    (a) establish orderly procedures for the conduct of the business of the Court in

    its criminal jurisdiction;

    (b) promote the just and efficient determination of such business; and

    (c) facilitate the timely disposal of such business at a cost affordable to the

    parties and the community generally.

    (2) These Rules are not intended to defeat a proper prosecution by or frustrate a

    proper defence of a party who is genuinely endeavouring to comply with the

    procedures of the Court.

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