The Criminal Practice Rules 2022 came into force on 1 May 2022 and repealed the Criminal Practice Rules 1987. They were made under Constitution section 184 and section 8 of the National Court Act (Chapter 38).
Order 1 Rule 2
These Rules are intended to promote the fair, just and speedy disposition of all criminal cases in the National Court so as to maintain the Rule of Law and to ensure that the rights of all accused persons under s 37(3) of the Constitution to be afforded a fair hearing, within a reasonable time by an independent and impartial court, are enforced.
That is the constitutional anchor of the whole scheme — the right of a person charged with an offence to a fair hearing within a reasonable time by an independent and impartial court. See the Basic Rights.
Order 2 Division 8 gives it practical effect: it is headed Delay in commencement of trial, and requires monthly reports to be compiled and reports by the Chief Justice.
Order 2 Rule 1
(a) receipt by the Registry from a District Court of a notice of committal of a person for trial in the National Court, issued in Form 7; or
(b) receipt by the Registry from a District Court of a notice of committal of a person for sentence in the National Court pursuant to s 421(4) of the Code, issued in Form 7; or
(c) receipt by the Registry from the Public Prosecutor of a notice of intention to prosecute pursuant to s 526 of the Code, issued in Form 8; or
(d) receipt by the Registry of an order of the Court granting leave under s 616 of the Code to a private prosecutor for presentation of an information, which may be given in Form 9.
It applies in cases in which a District Court has refused to commit a person for trial and the Public Prosecutor nonetheless decides to prosecute under section 526 of the Criminal Code Act (Chapter 262).
The Public Prosecutor files a Notice of Intention to Prosecute in Form 8 and serves it on the accused, giving at least seven days’ notice of the date and place of the first mention. Where personal service is impracticable, the Public Prosecutor may seek leave orally or by notice of motion to serve in some other manner including service by notice in the daily newspapers.
Order 2 Rule 2
(a) where an accused has been committed on more than one charge, it is not necessary to open a separate file for each charge — but if the offences are of a different type or in relation to different alleged facts and circumstances, separate files may be appropriate.
(b) where more than one person has been committed for the same offence, a separate file shall be opened in respect of each person.
An antecedent report in Form 83 is prepared by the police investigator and placed in the file as the next document after the originating process.
Order 11 Rule 1 requires the prosecutor, immediately after pronouncement of the verdict in the case of a guilty verdict, to notify the Court by reference to the antecedents report whether the offender has prior convictions. See sentencing.
Order 2 Rule 3
As soon as is practicable after the opening of a criminal file, the matter shall be called for the first mention, and the Judge shall, to the extent necessary and appropriate —
(a) identify the nature of the charges;
(b) ascertain legal representation for the accused;
(c) ascertain the bail or remand status of the accused;
(d) grant bail in accordance with the Bail Rules or issue a warrant of commitment on remand in Form 11;
(e) adjourn the matter to a fixed date and time for a further preliminary hearing.
Paragraphs (b) and (c) come before anything about the merits. An accused who is unrepresented should say so at the first mention; the Office of the Public Solicitor is the usual source of representation in criminal matters.
On bail, see bail applications. Order 1 Rule 3 defines the Bail Rules as the Bail Rules 2021.
Order 1 Rule 7
(a) in cases in which a CR file has not yet been opened, an application shall be made by originating summons in separate proceedings, unless a Judge directs otherwise; and
(b) in cases in which a CR file has already been opened, it may be made orally or by notice of motion, in those CR proceedings.
And no fee is payable for any application made under or in connection with these Rules.
Order 1 Rule 8 — where the manner or form of a procedure is not prescribed, a person may apply to a Judge for directions; and a Judge may at any time, with or without application, give such directions for the fair and expeditious conduct of a case as are considered necessary or desirable in the interests of justice.
Order 1 Rule 5 — it is sufficient compliance with any requirement of these Rules as to the form of any document if the document is substantially in accordance with the requirement or has such variation as the nature of the case requires.
Note also Rule 4: the forms should generally be used where applicable but may be considered unnecessary or varied at the discretion of a Judge.
Where the accused indicates a not guilty plea, the Court conducts a pre-trial review under Order 6. Where the case is a fraud or corruption matter, Order 4 applies — see the fraud and corruption regime.
Sources
- Criminal Practice Rules 2022 — O 1 rr 1–8, 11; O 2 rr 1–6, Div 8; O 4; O 6; O 11 r 1; Forms 7–9, 11, 83
- Criminal Code Act (Chapter 262) — ss 421(4), 526, 616
- Constitution — ss 37(3), 184
- National Court Act (Chapter 38) — s 8
PacLII carries the Criminal Practice Rules 2022 as a PDF at the page linked above. The Bail Rules 2021 and the Probation Act are not available on PacLII.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.