Criminal (Case Management) Amendment Rules 200228 March 2002
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 (Case Management) Amendment Rules 2002 .
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 (Case Management) Rules 2001 are referred to as the Principal Rules.
4. Rule 12 substituted
Rule 12 of the Principal Rules is rescinded and the following rule is substituted:(1) When a matter that has been adjourned under rule 11(3)(b) is called on again for hearing, the presiding judge may call upon Crown counsel to indicate whether or not an indictment has been filed or is to be filed.(2) If an indictment has been filed, the accused person may be arraigned on the indictment and called upon to plead.(3) If Crown counsel indicates that an indictment is to be filed, the judge may –(a) call upon Crown counsel to indicate when, and the crime or crimes in respect of which, it is to be filed; and(b) order that the matter be relisted for the arraignment of the accused person.(4) If Crown counsel indicates that a decision has not yet been made whether to file an indictment, the judge may –(a) call upon Crown counsel to indicate when such a decision is expected; and(b) order that the matter be adjourned for any period the judge considers reasonable.
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 17 April 2002
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 (Case Management) Rules 2001 by revising the procedure in relation to a second appearance.