Tasmanian Consolidated Regulations

JUSTICES RULES 2003

- (S.R. 2003, NO. 184)

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Forms
   5.      Procedure for matter not provided for

   PART 2 - Complaint and summons

           Division 1 - Complaint

   6.      Form and making of complaint
   7.      Complaint to include reference to law contravened
   8.      Description of property in complaint
   9.      Description of ownership in complaint
   10.     Description of place, time, matter, act or omission in complaint
   11.     Description of money in complaint
   12.     Description of people in complaint
   13.     Description of document, &., in complaint
   14.     Statement of intent in complaint
   15.     Complaint on oath
   16.     Lengthy complaint
   17.     Lodgment of complaint
   18.     Complaint for breach of duty

           Division 2 - Summons

   19.     Form of summons
   20.     Service of summons
   21.     Endorsement of service
   22.      
   23.     Filing of summons
   24.     Extension of summons
   25.     Alteration to summons
   26.     Notice taken to be summons

   PART 3 - Pleas

   27.     Written plea
   28.     Written plea of guilty
   29.     Written plea of not guilty
   30.     First appearance of defendant not entitled to written plea
   31.     Hearing in defendant's absence
   32.     Non-appearance of defendant

   PART 4 - Simple Offences

   33.     Application of Part
   34.     Non-appearance of party
   35.     Course of hearing
   36.     Adjournment
   37.     Body warrants
   38.     Re-opening of hearing in defendant's absence
   39.     Execution of conviction or order

   PART 5 - Breach of Duty

   40.     Application of Part 4 to complaint for breach of duty

   PART 6 - Parking Meters

   41.     Complaint and summons
   42.     Answer to complaint
   43.     Consequence of answer
   44.     Course of hearing
   45.     Rules of pleading

   PART 7 - Indictable offences

   46.     Application of Part
   47.     Body warrants
   48.     Form of words for election by defendant
   49.     Transmission of deposition

   PART 8 - Suspended Sentences

   50.     Breach of suspended sentence

   PART 9 - Warrants

   51.     Warrant noted on complaint
   52.     Direction of warrant
   53.     Execution of warrant
   54.     Sunday warrant

   PART 9A - Victim Impact Statements

   54A.    Interpretation
   54B.    Duty of victim to provide copies of victim impact statement
   54C.    Provision of victim impact statement to Court
   54D.    Reading of victim impact statement
   54E.    Postponement of reading of victim impact statement
   54F.    Power of victim to amend victim impact statement
   54G.    Power of Court to exclude irrelevant material
   54H.    Power of victim to withdraw victim impact statement
   54I.    Requirements for victim impact statement

   PART 9B - Practice and procedures under Family Violence Act 2004

           Division 1 - Interpretation

   54J.    Interpretation of Part

           Division 2 - Applications

   54K.    Application of Division
   54L.    Applications generally
   54M.    Electronic filing of applications
   54N.    Service of applications
   54O.    Defended applications
   54P.    Hearing of applications

           Division 3 - Miscellaneous

   54Q.    Service of orders
   54R.    Provisions in respect of children
   54S.    Power of justices to dispense with Part
   54T.    Jurisdiction of justices

   PART 10 - Appeals

   55.     Form of notice of appeal to magistrate
   56.     Form of summons
   57.     Form of application to magistrate to review
   58.     Transmission of document
   59.     Voluntary resumption of sentence
   60.     Appeal to magistrate
   61.     Appeal to Supreme Court against order for bail

   PART 11 - Miscellaneous

   62.     Application of Part 4 to applications
   63.     Re-opening of hearing of application in defendant's absence
   64.     Transfer of proceeding
   65.     Electronic documents and records of information
   66.     Period for which tape is to be preserved
   67.     Means by which a person appears before justices
   68.     Taking evidence and receiving submission
   68AA.   Written statements or reports as evidence
   68A.    Evidence of service
   68B.    Evidence of receipt of notice to attend by police witness
   69.     Application
   70.     Formal record of conviction
   71.     Court record
   72.     Inspection of court record
   73.     Authentication of process
           SCHEDULE 1
           SCHEDULE 2