Criminal Amendment Rules 200110 August 2001
We, the Honourable WILLIAM JOHN ELLIS COX, Companion of the Order of Australia, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, the Honourable EWAN CHARLES CRAWFORD, the Honourable PIERRE WILLIAM SLICER, the Honourable PETER ETHRINGTON EVANS and the Honourable ALAN MICHAEL BLOW, Puisne Judges of the Supreme Court of Tasmania, make the following Rules of Court under the Criminal Code Act 1924 .
These Rules of Court may be cited as the Criminal Amendment Rules 2001 .
These Rules of Court take effect on the day on which their making is notified in the Gazette.
In these Rules of Court, the Criminal Rules are referred to as the Principal Rules.
4. Order I, rule 2 amended (Notice of persons proposed to give recognizance)
Rule 2 of Order I of the Principal Rules is amended by omitting "proposed sureties" and "such sureties" and substituting "persons proposed to enter into recognizances under section 7(5) of the Bail Act 1994 " and "those persons", respectively.
5. Order I, rules 3 and 4 rescinded
Rules 3 and 4 of Order I of the Principal Rules are rescinded.
6. Order VIII amended (Miscellaneous applications)
Order VIII of the Principal Rules is amended by omitting rule 3.
7. Order IX amended (Recording of proceedings at sessions of oyer and terminer and general gaol delivery)
Order IX of the Principal Rules is amended as follows:(a) by omitting rule 1;(b) by omitting subrules (2) and (4)(a) of rule 3;(c) by omitting rules 4 and 5.
8. Appendix, Part I amended (Forms)
Part I of the appendix to the Principal Rules is amended by omitting forms I, II, III, IX and XI.
9. Appendix, Part II amended (Scale of compensation and expenses payable to witnesses)
The appendix to the Principal Rules is amended by omitting Part II.
W. J. E. Cox
Chief Justice
P. G. Underwood
Puisne Judge
E. C. Crawford
Puisne Judge
P. W. Slicer
Puisne Judge
P. E. Evans
Puisne Judge
A. M. Blow
Puisne Judge
Countersigned,
I. G. Ritchard
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 22 August 2001
These Rules of Court are administered in the Department of Justice and Industrial Relations.
EXPLANATORY NOTE
(This note is not part of the rule)
These Rules of Court amend the Criminal Rules by –(a) omitting certain requirements relating to the recording of court proceedings; and(b) omitting certain provisions relating to the payment of compensation and expenses to witnesses; and(c) amending certain provisions as a consequence of the Bail Act 1994 .