This rule may be cited as the Criminal Practice Amendment Rule 2025.
This rule amends the Criminal Practice Rules 1999.
3Amendment of r 13 (Forms generally)
(1)Rule 13—
insert—(2A)A reference in a form in schedule 3A to a section is a reference to that section of the Domestic and Family Violence Protection Act 2012.(2)Rule 13(2A) to (4)—
renumber as rule 13(3) to (5).
4Amendment of r 37 (Service—individuals)
Rule 37(2), ‘him or her’—
omit, insert—the individual
5Amendment of r 57 (Access to court files)
(1)Rule 57(12), definition protected person, paragraph (b)—
omit, insert—(b)the Evidence Act 1977, section 103ZZN; or(ba)a non-publication order made under the Evidence Act 1977, section 103ZZY; or(bb)an interim order made under the Evidence Act 1977, section 103ZZZA; or(bc)a complainant privacy order made under the Evidence Act 1977, section 103ZZZG; or(bd)an interim complainant privacy order made under the Evidence Act 1977, section 103ZZZL; or(2)Rule 57(12), definition protected person, paragraphs (ba) to (d)—
renumber as paragraphs (c) to (h).
6Amendment of sch 3 (Forms for indictments, informations and complaints—statement of offences under the Code)
(1)Schedule 3, part 2—
insert—Form 12A Serious racial (or religious or sexuality or sex characteristics or gender identity) vilification
(Section 52A. Offence of serious racial, religious, sexuality, sex characteristics or gender identity vilification)
By a public act, namely [describe the public act], knowingly (or recklessly) incited hatred towards (or serious contempt for) (or severe ridicule of) EF (or a group of persons, namely [describe or identify the group],) on the ground of the race (or religion or sexuality or sex characteristics or gender identity) of EF (or members of the group) in a way that included threatening (or inciting others to threaten) physical harm towards EF (or EF’s property) (or the group of persons (or property of the group of persons)).
(Section 52D. Display, distribution or publication of prohibited symbols)
Publicly distributed (or Published) (or Publicly displayed) a prohibited symbol in a way that might reasonably be expected to cause a member of the public to feel menaced (or harassed or offended), without having a reasonable excuse.
(2)Schedule 3, form 30, after ‘(and GH).’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
(3)Schedule 3, form 36, items 1 and 2, ‘(In the night)’—
omit.(4)Schedule 3, form 36, item 1, after ‘them]).’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
And AB committed the offence in the night.
(5)Schedule 3, form 36, item 2, after ‘to property)).’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
And AB committed the offence in the night.
(6)Schedule 3, forms 58 and 59—
omit, insert—
(Section 103. Providing money for illegal payments)
(Section 104. Election notices to contain particular matters)
Before (or during) an election, printed (or published) (or permitted EF to print (or publish)) an election notice for the election that did not state the name and address of the person who authorised the notice.
(7)Schedule 3—
insert—
(Section 137. Delay to take person arrested before magistrate)
Having arrested MN on a charge of an offence, wilfully and without lawful excuse delayed taking MN before a justice to be dealt with according to law.
(8)Schedule 3, form 112, items 1 and 2, after ‘worship.’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
(9)Schedule 3, form 114, item 1, after ‘for the time being.’—
insert—
And EF was a person with an impairment of the mind.
(10)Schedule 3, form 114, items 2 to 6, after ‘his (or her) care’—
insert—, for the time being
(11)Schedule 3, form 114, items 2 to 6, as amended by this section, after ‘for the time being.’—
insert—
And EF was a person with an impairment of the mind.
(12)Schedule 3, form 117, ‘And AB had EF under his or her care.’—
omit, insert—
And AB had EF under his (or her) care, for the time being.
And EF was a person with an impairment of the mind.
(13)Schedule 3, form 130—
relocate to after form 129 and renumber as schedule 3, form 129AA.(14)Schedule 3—
insert—
(Section 228I. Producing or supplying child abuse object)
Produced (or Supplied) a child abuse object.
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
(Section 228J. Possessing child abuse object)
Knowingly possessed a child abuse object.
And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—
insert—Form 130B Failing to comply with rectification order for an offence against s 223, 227A, 227B or 229A
(Section 229AA. Rectification order—offence against s 223, 227A, 227B or 229A)
Being a person convicted of an offence against section 223(1) (or section 227A(1) or section 227A(2) or section 227B(1) or section 229A(1) or section 229A(2)) and whom the court ordered under section 229AA(1) to take reasonable action to remove (or retract or recover or delete or destroy) an intimate image (or prohibited visual recording) involved in the offence within [state period in order for taking the reasonable action], failed to comply with the order.
(16)Schedule 3, after form 131—
insert—
(Section 229BB. Failure to protect child from child sexual offence)
Being an accountable person and knowing there was a significant risk that another adult who was associated with an institution (or was a regulated volunteer) would commit a child sexual offence in relation to EF, a child who was under the care (or supervision or control) of an institution and was under 16 years (or was a person with an impairment of the mind), AB, who had the power (or responsibility) to reduce or remove the risk, wilfully (or negligently) failed to reduce or remove the risk.
(Section 229BC. Failure to report belief of child sexual offence committed in relation to child)
Being an adult, gained information that caused AB to believe on reasonable grounds (or ought reasonably to have caused AB to believe) that a child sexual offence was being (or had been) committed by another adult against EF, a child who at the relevant time was (or had been) under 16 years (or a person with an impairment of the mind), and AB, without reasonable excuse, failed to disclose the information to a police officer as soon as reasonably practicable after the belief was (or ought reasonably to have been) formed.
(17)Schedule 3—
insert—
(Section 233. Possession of thing used to play an unlawful game)
Possessed gaming equipment that had been used (or was intended to be used) for playing an unlawful game.
(Section 234. Conducting or playing unlawful games)
insert—
And EF was a police officer at the time the act or omission that caused EF’s death was done or made, and AB did the act or made the omission that caused EF’s death when EF was performing EF’s duty as a police officer and AB knew (or ought reasonably to have known) that EF was a police officer.
And EF was a police officer at the time the act or omission that caused EF’s death was done or made, and AB did the act or made the omission that caused EF’s death because EF was a police officer.
And EF was a police officer at the time the act or omission that caused EF’s death was done or made, and AB did the act or made the omission that caused EF’s death because of (or in retaliation for) the actions of EF (or another police officer) in the performance of the officer’s duty.
(19)Schedule 3, form 171, ‘and similar acts’—
omit.(20)Schedule 3, form 171, after ‘EF.’—
insert—
And AB committed the offence in a public place, within the meaning of the Penalties and Sentences Act 1992, section 108A, while adversely affected by an intoxicating substance.
(21)Schedule 3, form 172—
omit.(22)Schedule 3, part 5—
insert—
(Section 334C. Coercive control)
Being an adult in a domestic relationship with EF, engaged in a course of conduct against EF that consisted of domestic violence occurring on more than 1 occasion, intending the course of conduct to coerce (or control) EF, and the course of conduct would, in all the circumstances, have been reasonably likely to cause EF harm.
(23)Schedule 3, form 187, after ‘offence).’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
And AB committed the offence in a public place, within the meaning of the Penalties and Sentences Act 1992, section 108A, while adversely affected by an intoxicating substance.
(24)Schedule 3, forms 188 and 189—
relocate to schedule 3, chapter 32 and renumber as schedule 3, forms 196A and 196B.(25)Schedule 3, form 192, after ‘person(s).’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
(26)Schedule 3, form 204, after ‘activities of a criminal organisation.’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
(27)Schedule 3, form 205, after ‘activities of a criminal organisation.’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
(28)Schedule 3, form 221, ‘Her Majesty’—
omit, insert—the Sovereign
(29)Schedule 3, after form 231—
insert—
(Section 391. Definition of stealing)
(Section 398. Punishment of stealing, punishment in special cases, stealing by employers)
(Section 568(1). Cases in which several charges may be joined)Being (or Having been) an employer, stole [describe thing stolen], the property of EF, a person who was (or had been) AB’s employee.
(30)Schedule 3, form 295, after ‘property].’—
insert—
And AB was wholly (or partly) motivated to commit the offence by hatred (or serious contempt) for EF based on the (presumed) race (or religion or sexuality or sex characteristics or gender identity) of EF (or for a group of persons, namely [describe or identify the group], based on the race (or religion or sexuality or sex characteristics or gender identity) shared (or presumed to be shared) by the members of the group).
(31)Schedule 3, form 306, heading ‘(with obscene representations)’—
omit.(32)Schedule 3, form 306, item 1, ‘damage (or destruction)’—
omit, insert—destruction (or damage)
(33)Schedule 3, form 306, item 2—
omit.
After schedule 3—
insert—Schedule 3A Forms for indictments—statement of offences under the Domestic and Family Violence Protection Act 2012
rules 13 and 15
(Section 179A. Engaging in domestic violence or associated domestic violence to aid respondent)
Being an adult, and without reasonable excuse, engaged in domestic violence behaviour against EF, the aggrieved (or a named person) in a domestic violence order (or a police protection notice or release conditions), with the intent of aiding the respondent to the order (or notice or conditions), and AB knew (or ought reasonably to have known) EF was the aggrieved (or a named person) in the order (or notice or conditions).
And AB derived a benefit from engaging in the domestic violence behaviour.
8Amendment of sch 6 (Dictionary)
Schedule 6, definition schedule form, after ‘schedule 3,’—insert—
3A,