Criminal Amendment Rules 20076 November 2007
We, the Honourable Peter George Underwood, Officer of the Order of Australia, Chief Justice, the Honourable Ewan Charles Crawford, the Honourable Pierre William Slicer, the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, and the Honourable Shan Tennent, 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 2007 .
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 2006 are referred to as the Principal Rules.
4. Rule 17 amended (Appeal books)
Rule 17(6) of the Principal Rules is amended by omitting "Supreme Court Rules" and substituting " Supreme Court Rules 2000 ".
5. Rule 41A inserted
After rule 41 of the Principal Rules , the following rule is inserted in Part 6:41A. Applications under Evidence (Children and Special Witnesses) Act 2001
For the purposes of a preliminary hearing under section 9(2) of the Evidence (Children and Special Witnesses) Act 2001 , a judge may inform himself or herself in any way he or she thinks fit and may accept statements and assurances of the prosecutor without hearing evidence from the child or person who is giving, or is to give, evidence.
P. G. UNDERWOOD
Chief Justice
E. C. CRAWFORD
Puisne Judge
P. W. SLICER
Puisne Judge
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
S. E. TENNENT
Puisne Judge
Countersigned,
E. A. KNIGHT
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 14 November 2007
These Rules of Court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These Rules of Court amend the Criminal Rules 2006 to allow evidence in a preliminary hearing under section 9(2) of the Evidence (Children and Special Witnesses) Act 2001 to be given in any way the judge thinks fit.