{"id":"qld:sl-1999-0112","name":"Criminal Practice Rules 1999","slug":"criminal-practice-rules-1999","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"112 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175881,"registerId":"qld-qld:sl-1999-0112-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":0},{"sectionNumber":"sec.29","sectionType":"section","heading":"Subpoenas","content":"### sec.29 Subpoenas\n\nThis rule applies if—\na person is committed to be tried before a court; or\nan indictment is presented against a person before a court; or\na person starts an appeal to a court; or\na person files an application for leave to make a subsequent appeal under rule 66A, or starts a subsequent appeal.\nThe prosecutor, accused person, appellant or respondent (the party ) may, by subpoena issued by the court’s registrar, require a person to attend the court or another court of the same jurisdiction and do either or both of the following—\ngive evidence;\nproduce a document or thing to the court.\nHowever, a subpoena may be issued in relation to an appeal, an application for leave to make a subsequent appeal or a subsequent appeal only with the leave of the court hearing the appeal, application or subsequent appeal.\nThe party may, in the subpoena, require the person to attend the court—\non a particular day and at a particular time; or\nin a particular period, not longer than the period in which the proceeding is listed for hearing, on a day and at a time notice of which is to be given to the person.\nIf subrule (3) (b) applies, the party must, as soon as practicable, advise the person subpoenaed of the actual day and time the person is required to attend the court.\nWithout limiting subrule (2) , a party may apply to the court for an order allowing the party, by subpoena issued by the court’s registrar, to require a person to produce a document or thing to the proper officer of the court on or before a stated day.\nThe proper officer must hold the document or thing subject to the court’s direction and must not allow anyone to inspect the document or thing other than as directed by the court.\nA person may apply to the court to—\ninspect a document or thing produced under subrule (5) ; or\ncopy a document produced under subrule (5) .\nThe application may be decided by hearing only the applicant, unless the court decides otherwise.\nIf the application is granted, the person may, on payment of the fee prescribed by regulation—\nfor an application under subrule (7) (a) —inspect the document or thing; or\nfor an application under subrule (7) (b) —copy the document.\nA party obtaining the issue of a subpoena under this rule must file a copy of it with the registrar.\nSubrule (11) applies if a document or thing is not tendered or admitted into evidence—\nif the proceeding for which it was produced is heard—by the end of the hearing; or\notherwise—by the end of the period during which the proceeding was listed for hearing.\nThe proper officer must, as soon as practicable, return the document or thing to the person required to produce it.\nr 29 amd 2018 SL No. 127 s 16 ; 2024 SL No. 178 s 4\n(sec.29-ssec.1) This rule applies if— a person is committed to be tried before a court; or an indictment is presented against a person before a court; or a person starts an appeal to a court; or a person files an application for leave to make a subsequent appeal under rule 66A, or starts a subsequent appeal.\n(sec.29-ssec.2) The prosecutor, accused person, appellant or respondent (the party ) may, by subpoena issued by the court’s registrar, require a person to attend the court or another court of the same jurisdiction and do either or both of the following— give evidence; produce a document or thing to the court.\n(sec.29-ssec.2A) However, a subpoena may be issued in relation to an appeal, an application for leave to make a subsequent appeal or a subsequent appeal only with the leave of the court hearing the appeal, application or subsequent appeal.\n(sec.29-ssec.3) The party may, in the subpoena, require the person to attend the court— on a particular day and at a particular time; or in a particular period, not longer than the period in which the proceeding is listed for hearing, on a day and at a time notice of which is to be given to the person.\n(sec.29-ssec.4) If subrule (3) (b) applies, the party must, as soon as practicable, advise the person subpoenaed of the actual day and time the person is required to attend the court.\n(sec.29-ssec.5) Without limiting subrule (2) , a party may apply to the court for an order allowing the party, by subpoena issued by the court’s registrar, to require a person to produce a document or thing to the proper officer of the court on or before a stated day.\n(sec.29-ssec.6) The proper officer must hold the document or thing subject to the court’s direction and must not allow anyone to inspect the document or thing other than as directed by the court.\n(sec.29-ssec.7) A person may apply to the court to— inspect a document or thing produced under subrule (5) ; or copy a document produced under subrule (5) .\n(sec.29-ssec.8) The application may be decided by hearing only the applicant, unless the court decides otherwise.\n(sec.29-ssec.8A) If the application is granted, the person may, on payment of the fee prescribed by regulation— for an application under subrule (7) (a) —inspect the document or thing; or for an application under subrule (7) (b) —copy the document.\n(sec.29-ssec.9) A party obtaining the issue of a subpoena under this rule must file a copy of it with the registrar.\n(sec.29-ssec.10) Subrule (11) applies if a document or thing is not tendered or admitted into evidence— if the proceeding for which it was produced is heard—by the end of the hearing; or otherwise—by the end of the period during which the proceeding was listed for hearing.\n(sec.29-ssec.11) The proper officer must, as soon as practicable, return the document or thing to the person required to produce it.\n- (a) a person is committed to be tried before a court; or\n- (b) an indictment is presented against a person before a court; or\n- (c) a person starts an appeal to a court; or\n- (d) a person files an application for leave to make a subsequent appeal under rule 66A, or starts a subsequent appeal.\n- (a) give evidence;\n- (b) produce a document or thing to the court.\n- (a) on a particular day and at a particular time; or\n- (b) in a particular period, not longer than the period in which the proceeding is listed for hearing, on a day and at a time notice of which is to be given to the person.\n- (a) inspect a document or thing produced under subrule (5) ; or\n- (b) copy a document produced under subrule (5) .\n- (a) for an application under subrule (7) (a) —inspect the document or thing; or\n- (b) for an application under subrule (7) (b) —copy the document.\n- (a) if the proceeding for which it was produced is heard—by the end of the hearing; or\n- (b) otherwise—by the end of the period during which the proceeding was listed for hearing.","sortOrder":1},{"sectionNumber":"sec.30","sectionType":"section","heading":"Medical, hospital and government records","content":"### sec.30 Medical, hospital and government records\n\nThis rule applies to a person served with a subpoena requiring the person to produce to the court only a document of a following type—\na medical record;\na hospital record;\na record of a government department, or a statutory authority, of the Commonwealth or a State.\nThe person may comply with the subpoena by giving the document to the proper officer of the court in a sealed envelope clearly marked ‘court exhibits’, or something similar, at least 1 clear day before the time stated for production in the subpoena.\nThe person must attach a copy of the subpoena to the document or envelope.\nIf the person asks the proper officer for a receipt for the document, the proper officer must give it to the person.\nThe proper officer must—\nkeep the document in a safe place; and\nif practicable, allow a party to inspect the document at the registry free of charge; and\nif practicable, give a copy of the document to a party on payment of the fee prescribed by regulation; and\nproduce the document to the court as directed by the court.\nIf the document is not tendered or admitted into evidence at the hearing of the proceeding for which it was produced, the proper officer must return the document to the person required to produce it—\nat the end of the hearing of the proceeding for which it was produced; or\nif the matter was not heard, at the end of the period in which the matter was listed for hearing.\nRule 57A deals with court records.\nr 30 amd 2000 SL No. 203 s 8 ; 2018 SL No. 127 s 17 ; 2024 SL No. 178 s 5\n(sec.30-ssec.1) This rule applies to a person served with a subpoena requiring the person to produce to the court only a document of a following type— a medical record; a hospital record; a record of a government department, or a statutory authority, of the Commonwealth or a State.\n(sec.30-ssec.2) The person may comply with the subpoena by giving the document to the proper officer of the court in a sealed envelope clearly marked ‘court exhibits’, or something similar, at least 1 clear day before the time stated for production in the subpoena.\n(sec.30-ssec.3) The person must attach a copy of the subpoena to the document or envelope.\n(sec.30-ssec.4) If the person asks the proper officer for a receipt for the document, the proper officer must give it to the person.\n(sec.30-ssec.5) The proper officer must— keep the document in a safe place; and if practicable, allow a party to inspect the document at the registry free of charge; and if practicable, give a copy of the document to a party on payment of the fee prescribed by regulation; and produce the document to the court as directed by the court.\n(sec.30-ssec.6) If the document is not tendered or admitted into evidence at the hearing of the proceeding for which it was produced, the proper officer must return the document to the person required to produce it— at the end of the hearing of the proceeding for which it was produced; or if the matter was not heard, at the end of the period in which the matter was listed for hearing. Rule 57A deals with court records.\n- (a) a medical record;\n- (b) a hospital record;\n- (c) a record of a government department, or a statutory authority, of the Commonwealth or a State.\n- (a) keep the document in a safe place; and\n- (b) if practicable, allow a party to inspect the document at the registry free of charge; and\n- (c) if practicable, give a copy of the document to a party on payment of the fee prescribed by regulation; and\n- (d) produce the document to the court as directed by the court.\n- (a) at the end of the hearing of the proceeding for which it was produced; or\n- (b) if the matter was not heard, at the end of the period in which the matter was listed for hearing.","sortOrder":2},{"sectionNumber":"sec.31","sectionType":"section","heading":"Objecting to inspecting or copying medical, hospital and government records","content":"### sec.31 Objecting to inspecting or copying medical, hospital and government records\n\nThis rule applies if, when a person produces a document under rule 30 , the person gives to the proper officer of the court a written statement—\nobjecting to the document or a stated part of it being inspected or copied; and\nstating the grounds for the objection.\nThe proper officer must not, without the court’s leave—\nallow anyone to inspect the document or part; or\ngive a copy of the document or part to anyone.\n(sec.31-ssec.1) This rule applies if, when a person produces a document under rule 30 , the person gives to the proper officer of the court a written statement— objecting to the document or a stated part of it being inspected or copied; and stating the grounds for the objection.\n(sec.31-ssec.2) The proper officer must not, without the court’s leave— allow anyone to inspect the document or part; or give a copy of the document or part to anyone.\n- (a) objecting to the document or a stated part of it being inspected or copied; and\n- (b) stating the grounds for the objection.\n- (a) allow anyone to inspect the document or part; or\n- (b) give a copy of the document or part to anyone.","sortOrder":3},{"sectionNumber":"sec.32","sectionType":"section","heading":"Prosecutor’s obligations when document to be admitted in evidence","content":"### sec.32 Prosecutor’s obligations when document to be admitted in evidence\n\nThis rule applies if the prosecutor intends to have a document produced under rule 30 admitted into evidence.\nThe prosecutor must, within a reasonable time before the document is admitted into evidence, give to the other party—\nnotice of the prosecutor’s intention; and\na copy of the document free of charge.\n(sec.32-ssec.1) This rule applies if the prosecutor intends to have a document produced under rule 30 admitted into evidence.\n(sec.32-ssec.2) The prosecutor must, within a reasonable time before the document is admitted into evidence, give to the other party— notice of the prosecutor’s intention; and a copy of the document free of charge.\n- (a) notice of the prosecutor’s intention; and\n- (b) a copy of the document free of charge.","sortOrder":4},{"sectionNumber":"sec.33","sectionType":"section","heading":"Setting aside or narrowing subpoena","content":"### sec.33 Setting aside or narrowing subpoena\n\nA person who has been served with a subpoena (the applicant ) may apply to the court for an order—\nsetting aside the subpoena; or\nif the applicant is required to produce documents to the court under the subpoena—setting aside the subpoena or narrowing its scope, including, for example, by reducing the number of documents to be produced.\nThe applicant must serve a copy of the application on the party who served the subpoena.\n(sec.33-ssec.1) A person who has been served with a subpoena (the applicant ) may apply to the court for an order— setting aside the subpoena; or if the applicant is required to produce documents to the court under the subpoena—setting aside the subpoena or narrowing its scope, including, for example, by reducing the number of documents to be produced.\n(sec.33-ssec.2) The applicant must serve a copy of the application on the party who served the subpoena.\n- (a) setting aside the subpoena; or\n- (b) if the applicant is required to produce documents to the court under the subpoena—setting aside the subpoena or narrowing its scope, including, for example, by reducing the number of documents to be produced.","sortOrder":5},{"sectionNumber":"sec.34","sectionType":"section","heading":"Applying for costs","content":"### sec.34 Applying for costs\n\nThis rule applies if a subpoena is set aside or narrowed under rule 33 .\nThe person who was served with the subpoena (the applicant ) may apply to the court for an order that all or part of the applicant’s costs incurred in applying to have the subpoena set aside or narrowed be paid by—\nthe party who served the subpoena; or\nif the court finds the conduct of the party’s lawyer in serving the subpoena was oppressive, vexatious or an abuse of process, the party’s lawyer.\n(sec.34-ssec.1) This rule applies if a subpoena is set aside or narrowed under rule 33 .\n(sec.34-ssec.2) The person who was served with the subpoena (the applicant ) may apply to the court for an order that all or part of the applicant’s costs incurred in applying to have the subpoena set aside or narrowed be paid by— the party who served the subpoena; or if the court finds the conduct of the party’s lawyer in serving the subpoena was oppressive, vexatious or an abuse of process, the party’s lawyer.\n- (a) the party who served the subpoena; or\n- (b) if the court finds the conduct of the party’s lawyer in serving the subpoena was oppressive, vexatious or an abuse of process, the party’s lawyer.","sortOrder":6},{"sectionNumber":"sec.35","sectionType":"section","heading":"Travelling expenses","content":"### sec.35 Travelling expenses\n\nA person must comply with a subpoena only if—\nan amount sufficient to meet the person’s reasonable travelling expenses in complying with the subpoena, or a ticket or other travel document needed to comply with it, is tendered—\nwhen the subpoena is served; or\nwithin a reasonable time before attendance under the subpoena is required; or\nother reasonable travel arrangements are made by, and at the cost of, the party who served the subpoena.\nSubrule (1) does not apply if the person on whom the subpoena must be served notifies the party who served the subpoena that the person does not require financial or other assistance to comply with the subpoena.\nr 35 sub 2018 SL No. 127 s 18\n(sec.35-ssec.1) A person must comply with a subpoena only if— an amount sufficient to meet the person’s reasonable travelling expenses in complying with the subpoena, or a ticket or other travel document needed to comply with it, is tendered— when the subpoena is served; or within a reasonable time before attendance under the subpoena is required; or other reasonable travel arrangements are made by, and at the cost of, the party who served the subpoena.\n(sec.35-ssec.2) Subrule (1) does not apply if the person on whom the subpoena must be served notifies the party who served the subpoena that the person does not require financial or other assistance to comply with the subpoena.\n- (a) an amount sufficient to meet the person’s reasonable travelling expenses in complying with the subpoena, or a ticket or other travel document needed to comply with it, is tendered— (i) when the subpoena is served; or (ii) within a reasonable time before attendance under the subpoena is required; or\n- (i) when the subpoena is served; or\n- (ii) within a reasonable time before attendance under the subpoena is required; or\n- (b) other reasonable travel arrangements are made by, and at the cost of, the party who served the subpoena.\n- (i) when the subpoena is served; or\n- (ii) within a reasonable time before attendance under the subpoena is required; or","sortOrder":7},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Service","content":"# Service","sortOrder":8},{"sectionNumber":"sec.36","sectionType":"section","heading":"Application of pt 2","content":"### sec.36 Application of pt 2\n\nThis part applies subject to a court order made under these rules.\nThe Acts Interpretation Act 1954 , section 39 also contains provisions about service that apply subject to a contrary intention.","sortOrder":9},{"sectionNumber":"sec.37","sectionType":"section","heading":"Service—individuals","content":"### sec.37 Service—individuals\n\nA person serving a subpoena on an individual must serve it personally on the individual by giving the subpoena or a copy of it to the individual.\nHowever, if the individual does not accept the subpoena or copy, the person may serve it by putting it down in the individual’s presence and telling the individual what it is.\nThe person need not show the original of the subpoena to the individual.\nr 37 amd 2025 SL No. 157 s 4\n(sec.37-ssec.1) A person serving a subpoena on an individual must serve it personally on the individual by giving the subpoena or a copy of it to the individual.\n(sec.37-ssec.2) However, if the individual does not accept the subpoena or copy, the person may serve it by putting it down in the individual’s presence and telling the individual what it is.\n(sec.37-ssec.3) The person need not show the original of the subpoena to the individual.","sortOrder":10},{"sectionNumber":"sec.38","sectionType":"section","heading":"Service—corporations","content":"### sec.38 Service—corporations\n\nA person serving a subpoena on a corporation must serve it on the corporation at its head office or its principal or registered office by serving, under rule 37 , an officer of the corporation or a person who appears to be in charge of the office.\nA corporation includes a body politic or corporate— Acts Interpretation Act 1954 , schedule 1.\nr 38 amd 2023 Act No. 23 s 247 sch 1 s 5","sortOrder":11},{"sectionNumber":"sec.39","sectionType":"section","heading":"Service—minors","content":"### sec.39 Service—minors\n\nSubject to subrule (2) , a person serving a subpoena on a minor must serve it instead on—\nthe minor’s parent or guardian; or\nif there is no parent or guardian, an adult who has the care of the minor or with whom the minor lives.\nA minor is an individual who is under 18 years— Acts Interpretation Act 1954 , schedule 1.\nA person serving a subpoena on a minor who is over 16 years may serve it on the minor only if the minor—\ndoes not have a parent or guardian; or\nis not apparently in the care of an adult or does not apparently live with an adult.\nr 39 amd 2023 Act No. 23 s 247 sch 1 s 5\n(sec.39-ssec.1) Subject to subrule (2) , a person serving a subpoena on a minor must serve it instead on— the minor’s parent or guardian; or if there is no parent or guardian, an adult who has the care of the minor or with whom the minor lives. A minor is an individual who is under 18 years— Acts Interpretation Act 1954 , schedule 1.\n(sec.39-ssec.2) A person serving a subpoena on a minor who is over 16 years may serve it on the minor only if the minor— does not have a parent or guardian; or is not apparently in the care of an adult or does not apparently live with an adult.\n- (a) the minor’s parent or guardian; or\n- (b) if there is no parent or guardian, an adult who has the care of the minor or with whom the minor lives.\n- (a) does not have a parent or guardian; or\n- (b) is not apparently in the care of an adult or does not apparently live with an adult.","sortOrder":12},{"sectionNumber":"sec.40","sectionType":"section","heading":"Service—intellectually impaired persons","content":"### sec.40 Service—intellectually impaired persons\n\nA person serving a subpoena on an intellectually impaired person who is under the care of an adult must serve it instead on the adult.\nIn this rule—\nintellectually impaired person means a person who has a disability that—\nis attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of the impairments; and\nresults in—\na substantial reduction of the person’s capacity for communication, social interaction or learning; and\nthe person needing support.\n(sec.40-ssec.1) A person serving a subpoena on an intellectually impaired person who is under the care of an adult must serve it instead on the adult.\n(sec.40-ssec.2) In this rule— intellectually impaired person means a person who has a disability that— is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of the impairments; and results in— a substantial reduction of the person’s capacity for communication, social interaction or learning; and the person needing support.\n- (a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of the impairments; and\n- (b) results in— (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and (ii) the person needing support.\n- (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and\n- (ii) the person needing support.\n- (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and\n- (ii) the person needing support.","sortOrder":13},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Service by email","content":"### sec.40A Service by email\n\nDespite rules 37 , 39 and 40 , a person on whom a subpoena must be served under 1 of those rules may instead be served by—\nif the subpoena was issued electronically—the subpoena being emailed to the person; or\nif the subpoena was issued in any other way—an imaged copy of the subpoena being emailed to the person.\nHowever, compliance with a subpoena served under this rule may be enforced, and a proceeding may be taken for noncompliance with the subpoena, only if it is proved that—\nthe subpoena, or an imaged copy of the subpoena, has been received by the person on whom the subpoena must be served; or\nthe person on whom the subpoena must be served has actual knowledge of the subpoena.\nIn this rule—\nimaged copy , of a subpoena, means a copy of the subpoena in electronic form, created by scanning or otherwise imaging the subpoena in its paper form.\nr 40A ins 2018 SL No. 127 s 19\n(sec.40A-ssec.1) Despite rules 37 , 39 and 40 , a person on whom a subpoena must be served under 1 of those rules may instead be served by— if the subpoena was issued electronically—the subpoena being emailed to the person; or if the subpoena was issued in any other way—an imaged copy of the subpoena being emailed to the person.\n(sec.40A-ssec.2) However, compliance with a subpoena served under this rule may be enforced, and a proceeding may be taken for noncompliance with the subpoena, only if it is proved that— the subpoena, or an imaged copy of the subpoena, has been received by the person on whom the subpoena must be served; or the person on whom the subpoena must be served has actual knowledge of the subpoena.\n(sec.40A-ssec.3) In this rule— imaged copy , of a subpoena, means a copy of the subpoena in electronic form, created by scanning or otherwise imaging the subpoena in its paper form.\n- (a) if the subpoena was issued electronically—the subpoena being emailed to the person; or\n- (b) if the subpoena was issued in any other way—an imaged copy of the subpoena being emailed to the person.\n- (a) the subpoena, or an imaged copy of the subpoena, has been received by the person on whom the subpoena must be served; or\n- (b) the person on whom the subpoena must be served has actual knowledge of the subpoena.","sortOrder":14},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":15},{"sectionNumber":"sec.52","sectionType":"section","heading":"Application of part","content":"### sec.52 Application of part\n\nThis part applies to a proceeding for an offence before the Supreme Court, the District Court or a Magistrates Court (the court ).\nRule 53 applies also to the Court of Appeal.\nIn subrule (1) —\nproceeding , for an offence, includes—\na proceeding in which a person is to be sentenced; and\nfor a Magistrates Court, a committal proceeding.\nr 52 amd 2024 SL No. 56 s 5\n(sec.52-ssec.1) This part applies to a proceeding for an offence before the Supreme Court, the District Court or a Magistrates Court (the court ).\n(sec.52-ssec.2) Rule 53 applies also to the Court of Appeal.\n(sec.52-ssec.3) In subrule (1) — proceeding , for an offence, includes— a proceeding in which a person is to be sentenced; and for a Magistrates Court, a committal proceeding.\n- (a) a proceeding in which a person is to be sentenced; and\n- (b) for a Magistrates Court, a committal proceeding.","sortOrder":16},{"sectionNumber":"sec.53","sectionType":"section","heading":"Evidence by telephone, video link or another form of communication","content":"### sec.53 Evidence by telephone, video link or another form of communication\n\nThe court may decide to receive evidence or submissions by telephone, video link or another form of communication in a proceeding.","sortOrder":17},{"sectionNumber":"sec.54","sectionType":"section","heading":"Evidence to be produced at appeal","content":"### sec.54 Evidence to be produced at appeal\n\nThe trial judge may give directions to ensure a thing received in evidence in the trial of an accused person is available to be produced in an appeal from the trial.","sortOrder":18},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Interpreters","content":"# Interpreters","sortOrder":19},{"sectionNumber":"sec.54AA","sectionType":"section","heading":"Main purposes of part","content":"### sec.54AA Main purposes of part\n\nThe main purposes of this part are—\nto ensure the court has control over the giving of evidence that is interpreted, translated or sight translated into English; and\nto recognise the special status of an interpreter in the administration of justice by declaring the duties of an interpreter in relation to the court and the parties to a proceeding.\nr 54AA ins 2024 SL No. 56 s 6\n- (a) to ensure the court has control over the giving of evidence that is interpreted, translated or sight translated into English; and\n- (b) to recognise the special status of an interpreter in the administration of justice by declaring the duties of an interpreter in relation to the court and the parties to a proceeding.","sortOrder":20},{"sectionNumber":"sec.54AB","sectionType":"section","heading":"Definitions","content":"### sec.54AB Definitions\n\nIn this part—\naccurately , in relation to interpreting, translating or sight translating, means—\nresulting in the optimal and complete transfer of the meaning of the other language into English and of English into the other language; and\npreserving the content and intent of the other language or English (as the case may be) without omission or distortion, including matters the interpreter may consider inappropriate or offensive.\ncode of conduct means the code of conduct for interpreters set out in schedule 5A.\ninterpret means to carry out the process by which spoken or signed language is conveyed from one language (known as the source language) to another language (known as the target language) orally.\nother language means a spoken or signed language other than English.\nrecognised agency means—\nthe National Accreditation Authority for Translators and Interpreters (NAATI); or\nanother entity approved by the Chief Justice to be a recognised agency for the purposes of this part.\nsight translate means to carry out the process by which an interpreter or translator presents a spoken or signed interpretation of a written text.\ntranslate means to carry out the process by which written language is conveyed from one language (known as the source language) to another language (known as the target language) in written form.\nr 54AB ins 2024 SL No. 56 s 6\n- (a) resulting in the optimal and complete transfer of the meaning of the other language into English and of English into the other language; and\n- (b) preserving the content and intent of the other language or English (as the case may be) without omission or distortion, including matters the interpreter may consider inappropriate or offensive.\n- (a) the National Accreditation Authority for Translators and Interpreters (NAATI); or\n- (b) another entity approved by the Chief Justice to be a recognised agency for the purposes of this part.","sortOrder":21},{"sectionNumber":"sec.54AC","sectionType":"section","heading":"Proceedings to be conducted in English","content":"### sec.54AC Proceedings to be conducted in English\n\nSubject to this part, proceedings are to be conducted in English.\nr 54AC ins 2024 SL No. 56 s 6","sortOrder":22},{"sectionNumber":"sec.54AD","sectionType":"section","heading":"When interpreter must be provided for accused person","content":"### sec.54AD When interpreter must be provided for accused person\n\nThis rule applies if the court is satisfied that an accused person in a proceeding can not understand and speak the English language sufficiently to enable the accused person to—\nunderstand and participate in the proceeding; or\nunderstand, and make adequate reply to, questions that may be put to the accused person in the proceeding.\nThe court must ensure the accused person is provided with an interpreter.\nIf an interpreter is provided under subrule (2), the court is responsible for engaging and bearing the costs of the interpreter.\nr 54AD ins 2024 SL No. 56 s 6\n(sec.54AD-ssec.1) This rule applies if the court is satisfied that an accused person in a proceeding can not understand and speak the English language sufficiently to enable the accused person to— understand and participate in the proceeding; or understand, and make adequate reply to, questions that may be put to the accused person in the proceeding.\n(sec.54AD-ssec.2) The court must ensure the accused person is provided with an interpreter.\n(sec.54AD-ssec.3) If an interpreter is provided under subrule (2), the court is responsible for engaging and bearing the costs of the interpreter.\n- (a) understand and participate in the proceeding; or\n- (b) understand, and make adequate reply to, questions that may be put to the accused person in the proceeding.","sortOrder":23},{"sectionNumber":"sec.54AE","sectionType":"section","heading":"When interpreter is required by witness","content":"### sec.54AE When interpreter is required by witness\n\nThis rule applies if the court is satisfied that a witness in a proceeding can not understand and speak the English language sufficiently to enable the witness to understand, and make adequate reply to, questions that may be put to the witness in the proceeding.\nThe witness may—\ngive spoken evidence or signed evidence in the other language that is interpreted into English by an interpreter in accordance with this part; or\ngive evidence by an affidavit or statement in English that has been sight translated to the witness by an interpreter in accordance with rule 54AJ.\nUnless the court orders otherwise, the party calling the witness is responsible for engaging, and bearing the costs of, an interpreter who meets the standards and requirements imposed by this part.\nSee the Evidence Act 1977 , section 131A in relation to the court’s power to order the State to provide an interpreter in a criminal proceeding.\nr 54AE ins 2024 SL No. 56 s 6\n(sec.54AE-ssec.1) This rule applies if the court is satisfied that a witness in a proceeding can not understand and speak the English language sufficiently to enable the witness to understand, and make adequate reply to, questions that may be put to the witness in the proceeding.\n(sec.54AE-ssec.2) The witness may— give spoken evidence or signed evidence in the other language that is interpreted into English by an interpreter in accordance with this part; or give evidence by an affidavit or statement in English that has been sight translated to the witness by an interpreter in accordance with rule 54AJ.\n(sec.54AE-ssec.3) Unless the court orders otherwise, the party calling the witness is responsible for engaging, and bearing the costs of, an interpreter who meets the standards and requirements imposed by this part. See the Evidence Act 1977 , section 131A in relation to the court’s power to order the State to provide an interpreter in a criminal proceeding.\n- (a) give spoken evidence or signed evidence in the other language that is interpreted into English by an interpreter in accordance with this part; or\n- (b) give evidence by an affidavit or statement in English that has been sight translated to the witness by an interpreter in accordance with rule 54AJ.","sortOrder":24},{"sectionNumber":"sec.54AF","sectionType":"section","heading":"Who may act as interpreter generally","content":"### sec.54AF Who may act as interpreter generally\n\nA person must not act as an interpreter in a proceeding unless the person—\nis currently certified, registered or recognised as an interpreter for the other language by a recognised agency, or otherwise satisfies the court that the person is qualified to act as an interpreter for the other language; and\nhas read and agreed to comply with the code of conduct; and\ntakes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability.\nAlso, a person must not act as an interpreter in a proceeding if the person—\nis or may become a party to, or witness in, the proceeding (other than as an interpreter); or\nis related to, or has a close personal relationship with—\na party to the proceeding or a member of a party’s family; or\na witness or potential witness in the proceeding; or\nhas or may have a financial or other interest of any kind in the outcome of the proceeding, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of their engagement; or\nis or may be unable to fulfil their duty of accuracy or impartiality under the code of conduct for any reason, including, for example—\npersonal or religious beliefs; and\ncultural or other circumstances.\nIf a person acting as an interpreter in a proceeding becomes aware during a hearing of the proceeding that a matter mentioned in subrule (2) applies in relation to the person, the person must—\ncease to act as an interpreter in the proceeding; and\nimmediately disclose the matter to the court.\nr 54AF ins 2024 SL No. 56 s 6\n(sec.54AF-ssec.1) A person must not act as an interpreter in a proceeding unless the person— is currently certified, registered or recognised as an interpreter for the other language by a recognised agency, or otherwise satisfies the court that the person is qualified to act as an interpreter for the other language; and has read and agreed to comply with the code of conduct; and takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability.\n(sec.54AF-ssec.2) Also, a person must not act as an interpreter in a proceeding if the person— is or may become a party to, or witness in, the proceeding (other than as an interpreter); or is related to, or has a close personal relationship with— a party to the proceeding or a member of a party’s family; or a witness or potential witness in the proceeding; or has or may have a financial or other interest of any kind in the outcome of the proceeding, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of their engagement; or is or may be unable to fulfil their duty of accuracy or impartiality under the code of conduct for any reason, including, for example— personal or religious beliefs; and cultural or other circumstances.\n(sec.54AF-ssec.3) If a person acting as an interpreter in a proceeding becomes aware during a hearing of the proceeding that a matter mentioned in subrule (2) applies in relation to the person, the person must— cease to act as an interpreter in the proceeding; and immediately disclose the matter to the court.\n- (a) is currently certified, registered or recognised as an interpreter for the other language by a recognised agency, or otherwise satisfies the court that the person is qualified to act as an interpreter for the other language; and\n- (b) has read and agreed to comply with the code of conduct; and\n- (c) takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability.\n- (a) is or may become a party to, or witness in, the proceeding (other than as an interpreter); or\n- (b) is related to, or has a close personal relationship with— (i) a party to the proceeding or a member of a party’s family; or (ii) a witness or potential witness in the proceeding; or\n- (i) a party to the proceeding or a member of a party’s family; or\n- (ii) a witness or potential witness in the proceeding; or\n- (c) has or may have a financial or other interest of any kind in the outcome of the proceeding, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of their engagement; or\n- (d) is or may be unable to fulfil their duty of accuracy or impartiality under the code of conduct for any reason, including, for example— (i) personal or religious beliefs; and (ii) cultural or other circumstances.\n- (i) personal or religious beliefs; and\n- (ii) cultural or other circumstances.\n- (i) a party to the proceeding or a member of a party’s family; or\n- (ii) a witness or potential witness in the proceeding; or\n- (i) personal or religious beliefs; and\n- (ii) cultural or other circumstances.\n- (a) cease to act as an interpreter in the proceeding; and\n- (b) immediately disclose the matter to the court.","sortOrder":25},{"sectionNumber":"sec.54AG","sectionType":"section","heading":"Granting leave for person to act, or continue to act, as interpreter","content":"### sec.54AG Granting leave for person to act, or continue to act, as interpreter\n\nThis rule applies if a person is prohibited from acting, or continuing to act, as an interpreter under rule 54AF(1), (2) or (3).\nThe court may grant leave for the person to act, or continue to act, as an interpreter if it is in the interests of justice and, to the extent practicable—\nthe court is satisfied that, because of the person’s specialised knowledge based on the person’s training, study or experience, the person is able to interpret and, if necessary, sight translate accurately to the level the court considers satisfactory in all the circumstances from the other language into English and from English into the other language; and\nthe person takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability; and\nthe court is satisfied that the person understands and accepts that, in acting as an interpreter, the person—\nis not an agent, assistant or advocate of the witness or the accused person for whom the person is to act as an interpreter, or of the party who has engaged the interpreter; and\nowes a paramount duty to the court to be accurate to the best of the person’s ability and impartial; and\nthe court directs that the evidence and interpretation be sound recorded for spoken languages or video recorded for signed languages; and\nthe person is an adult.\nr 54AG ins 2024 SL No. 56 s 6\n(sec.54AG-ssec.1) This rule applies if a person is prohibited from acting, or continuing to act, as an interpreter under rule 54AF(1), (2) or (3).\n(sec.54AG-ssec.2) The court may grant leave for the person to act, or continue to act, as an interpreter if it is in the interests of justice and, to the extent practicable— the court is satisfied that, because of the person’s specialised knowledge based on the person’s training, study or experience, the person is able to interpret and, if necessary, sight translate accurately to the level the court considers satisfactory in all the circumstances from the other language into English and from English into the other language; and the person takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability; and the court is satisfied that the person understands and accepts that, in acting as an interpreter, the person— is not an agent, assistant or advocate of the witness or the accused person for whom the person is to act as an interpreter, or of the party who has engaged the interpreter; and owes a paramount duty to the court to be accurate to the best of the person’s ability and impartial; and the court directs that the evidence and interpretation be sound recorded for spoken languages or video recorded for signed languages; and the person is an adult.\n- (a) the court is satisfied that, because of the person’s specialised knowledge based on the person’s training, study or experience, the person is able to interpret and, if necessary, sight translate accurately to the level the court considers satisfactory in all the circumstances from the other language into English and from English into the other language; and\n- (b) the person takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability; and\n- (c) the court is satisfied that the person understands and accepts that, in acting as an interpreter, the person— (i) is not an agent, assistant or advocate of the witness or the accused person for whom the person is to act as an interpreter, or of the party who has engaged the interpreter; and (ii) owes a paramount duty to the court to be accurate to the best of the person’s ability and impartial; and\n- (i) is not an agent, assistant or advocate of the witness or the accused person for whom the person is to act as an interpreter, or of the party who has engaged the interpreter; and\n- (ii) owes a paramount duty to the court to be accurate to the best of the person’s ability and impartial; and\n- (d) the court directs that the evidence and interpretation be sound recorded for spoken languages or video recorded for signed languages; and\n- (e) the person is an adult.\n- (i) is not an agent, assistant or advocate of the witness or the accused person for whom the person is to act as an interpreter, or of the party who has engaged the interpreter; and\n- (ii) owes a paramount duty to the court to be accurate to the best of the person’s ability and impartial; and","sortOrder":26},{"sectionNumber":"sec.54AH","sectionType":"section","heading":"Duties of interpreter","content":"### sec.54AH Duties of interpreter\n\nAn interpreter owes a paramount duty to the court to be accurate to the best of the interpreter’s ability and impartial.\nThe duty to the court under subrule (1) overrides any duty the interpreter may have to a party to the proceeding (regardless of whether the party engaged the interpreter).\nUnless the court orders otherwise, an interpreter must—\ninterpret questions and all other spoken or signed communications in the hearing of the proceeding for the witness or accused person from English into the other language and from the other language into English; and\nsubject to subrule (4), sight translate, whether before or during the course of a witness’s evidence, documents shown to the witness.\nAn interpreter may refuse to sight translate a document if—\nthe interpreter considers that the interpreter is not competent to do so; or\nsight translating the document would be too onerous or difficult because of the length or complexity of the text.\nUnless the court orders otherwise, an interpreter may not assist a party or a party’s legal representatives in their conduct of a proceeding (including a hearing) other than by—\ninterpreting questions and other spoken or signed communications in connection with the proceeding from English into the other language and from the other language into English; or\nsight translating documents in connection with the proceeding from English into the other language and from the other language into English.\nr 54AH ins 2024 SL No. 56 s 6\n(sec.54AH-ssec.1) An interpreter owes a paramount duty to the court to be accurate to the best of the interpreter’s ability and impartial.\n(sec.54AH-ssec.2) The duty to the court under subrule (1) overrides any duty the interpreter may have to a party to the proceeding (regardless of whether the party engaged the interpreter).\n(sec.54AH-ssec.3) Unless the court orders otherwise, an interpreter must— interpret questions and all other spoken or signed communications in the hearing of the proceeding for the witness or accused person from English into the other language and from the other language into English; and subject to subrule (4), sight translate, whether before or during the course of a witness’s evidence, documents shown to the witness.\n(sec.54AH-ssec.4) An interpreter may refuse to sight translate a document if— the interpreter considers that the interpreter is not competent to do so; or sight translating the document would be too onerous or difficult because of the length or complexity of the text.\n(sec.54AH-ssec.5) Unless the court orders otherwise, an interpreter may not assist a party or a party’s legal representatives in their conduct of a proceeding (including a hearing) other than by— interpreting questions and other spoken or signed communications in connection with the proceeding from English into the other language and from the other language into English; or sight translating documents in connection with the proceeding from English into the other language and from the other language into English.\n- (a) interpret questions and all other spoken or signed communications in the hearing of the proceeding for the witness or accused person from English into the other language and from the other language into English; and\n- (b) subject to subrule (4), sight translate, whether before or during the course of a witness’s evidence, documents shown to the witness.\n- (a) the interpreter considers that the interpreter is not competent to do so; or\n- (b) sight translating the document would be too onerous or difficult because of the length or complexity of the text.\n- (a) interpreting questions and other spoken or signed communications in connection with the proceeding from English into the other language and from the other language into English; or\n- (b) sight translating documents in connection with the proceeding from English into the other language and from the other language into English.","sortOrder":27},{"sectionNumber":"sec.54AI","sectionType":"section","heading":"Code of conduct for interpreters","content":"### sec.54AI Code of conduct for interpreters\n\nAn interpreter must comply with the code of conduct.\nUnless the court orders otherwise, as soon as practicable after an interpreter is engaged for a proceeding, a copy of the code of conduct is to be given to the interpreter by—\nif the interpreter is engaged by a party—the party; or\nif the interpreter is engaged by the court—the court.\nUnless the court orders otherwise, a witness may not give evidence using an interpreter unless the court is satisfied the interpreter has read the code of conduct and agreed to be bound by it.\nSubrules (1) to (3) apply subject to rule 54AG.\nr 54AI ins 2024 SL No. 56 s 6\n(sec.54AI-ssec.1) An interpreter must comply with the code of conduct.\n(sec.54AI-ssec.2) Unless the court orders otherwise, as soon as practicable after an interpreter is engaged for a proceeding, a copy of the code of conduct is to be given to the interpreter by— if the interpreter is engaged by a party—the party; or if the interpreter is engaged by the court—the court.\n(sec.54AI-ssec.3) Unless the court orders otherwise, a witness may not give evidence using an interpreter unless the court is satisfied the interpreter has read the code of conduct and agreed to be bound by it.\n(sec.54AI-ssec.4) Subrules (1) to (3) apply subject to rule 54AG.\n- (a) if the interpreter is engaged by a party—the party; or\n- (b) if the interpreter is engaged by the court—the court.","sortOrder":28},{"sectionNumber":"sec.54AJ","sectionType":"section","heading":"Translated evidence","content":"### sec.54AJ Translated evidence\n\nThis rule applies if a party seeks to read or rely on a translated affidavit, or translated statement, of a witness who requires an interpreter.\nUnless the court orders otherwise, the party may not read or rely on the affidavit or statement unless it includes a certification by the interpreter in the approved form, or the interpreter separately verifies by affidavit, to the effect that—\nbefore sight translating the affidavit or statement to the witness, the interpreter—\nhad read the code of conduct and agreed to be bound by it; and\nhad been given an adequate opportunity to prepare to sight translate the affidavit or statement; and\nafter sight translating the entire affidavit or statement to the witness, the witness—\ninformed the person responsible for preparing the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement; and\nswore or affirmed the affidavit, or signed the statement, in the presence of the interpreter.\nUnless the court orders otherwise, an interpreter who certifies or verifies an affidavit or statement of a witness under subrule (2) may, but is not required to, be the interpreter who acts as the interpreter for the witness in any hearing in the proceeding.\nr 54AJ ins 2024 SL No. 56 s 6\n(sec.54AJ-ssec.1) This rule applies if a party seeks to read or rely on a translated affidavit, or translated statement, of a witness who requires an interpreter.\n(sec.54AJ-ssec.2) Unless the court orders otherwise, the party may not read or rely on the affidavit or statement unless it includes a certification by the interpreter in the approved form, or the interpreter separately verifies by affidavit, to the effect that— before sight translating the affidavit or statement to the witness, the interpreter— had read the code of conduct and agreed to be bound by it; and had been given an adequate opportunity to prepare to sight translate the affidavit or statement; and after sight translating the entire affidavit or statement to the witness, the witness— informed the person responsible for preparing the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement; and swore or affirmed the affidavit, or signed the statement, in the presence of the interpreter.\n(sec.54AJ-ssec.3) Unless the court orders otherwise, an interpreter who certifies or verifies an affidavit or statement of a witness under subrule (2) may, but is not required to, be the interpreter who acts as the interpreter for the witness in any hearing in the proceeding.\n- (a) before sight translating the affidavit or statement to the witness, the interpreter— (i) had read the code of conduct and agreed to be bound by it; and (ii) had been given an adequate opportunity to prepare to sight translate the affidavit or statement; and\n- (i) had read the code of conduct and agreed to be bound by it; and\n- (ii) had been given an adequate opportunity to prepare to sight translate the affidavit or statement; and\n- (b) after sight translating the entire affidavit or statement to the witness, the witness— (i) informed the person responsible for preparing the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement; and (ii) swore or affirmed the affidavit, or signed the statement, in the presence of the interpreter.\n- (i) informed the person responsible for preparing the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement; and\n- (ii) swore or affirmed the affidavit, or signed the statement, in the presence of the interpreter.\n- (i) had read the code of conduct and agreed to be bound by it; and\n- (ii) had been given an adequate opportunity to prepare to sight translate the affidavit or statement; and\n- (i) informed the person responsible for preparing the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement; and\n- (ii) swore or affirmed the affidavit, or signed the statement, in the presence of the interpreter.","sortOrder":29},{"sectionNumber":"sec.54AK","sectionType":"section","heading":"Court may request correction etc. of interpretation, translation or sight translation","content":"### sec.54AK Court may request correction etc. of interpretation, translation or sight translation\n\nThe court may at any time, on the application of a party to a proceeding or on the court’s own initiative, request an interpreter to correct, clarify, qualify or explain the interpreter’s interpretation of the evidence or translation or sight translation of a document.\nr 54AK ins 2024 SL No. 56 s 6","sortOrder":30},{"sectionNumber":"sec.54AL","sectionType":"section","heading":"Court may give directions in relation to interpreters","content":"### sec.54AL Court may give directions in relation to interpreters\n\nThe court may at any time, having regard to the nature of a proceeding (including the type of allegations made in the proceeding and the characteristics of the parties, the witnesses and the accused person), give directions relating to 1 or more of the following matters—\nany particular attributes required or not required for an interpreter to accommodate any cultural or other reasonable concerns of a party, a witness or the accused person, including, but not limited to—\ngender; and\nage; and\nethnic, cultural or social background;\nthe number of interpreters required in the proceeding and whether relay interpreting should be used;\nestablishing the expertise of an interpreter;\nthe steps to be taken to obtain an interpreter who is certified, registered or recognised by a recognised agency or is otherwise qualified to act as an interpreter;\nthe steps to be taken before an order under rule 54AG is made;\nthe information about the proceeding that may be provided to a person in advance of any hearing in the proceeding to assist the person to prepare to act as an interpreter for the hearing, including, but not limited to—\nthe indictment or charge sheet; and\naffidavits and statements; and\nlists of witnesses; and\nother documents;\nwhen, and in what circumstances and under what conditions (if any), the information mentioned in paragraph (f) may be provided;\nwhether an interpreter is to interpret a witness’s evidence consecutively, simultaneously or in some other way;\nother resources an interpreter may need to consult in the course of acting as an interpreter, including, for example, dictionaries and other reference works;\nthe length of time for which an interpreter should interpret during a hearing without a break;\nsecurity for an interpreter, including, if necessary, arrangements to preserve the anonymity of the interpreter;\npractical matters relating to an interpreter, including, for example, the seating for and the location of the interpreter, and any necessary equipment to assist the interpreter;\nthe disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter or any party to the proceeding or by the court on its own initiative;\nthe payment of interpreters;\nany other direction the court considers appropriate.\nSubrule (1) does not limit the generality of the court’s power to control its own procedures.\nr 54AL ins 2024 SL No. 56 s 6\n(sec.54AL-ssec.1) The court may at any time, having regard to the nature of a proceeding (including the type of allegations made in the proceeding and the characteristics of the parties, the witnesses and the accused person), give directions relating to 1 or more of the following matters— any particular attributes required or not required for an interpreter to accommodate any cultural or other reasonable concerns of a party, a witness or the accused person, including, but not limited to— gender; and age; and ethnic, cultural or social background; the number of interpreters required in the proceeding and whether relay interpreting should be used; establishing the expertise of an interpreter; the steps to be taken to obtain an interpreter who is certified, registered or recognised by a recognised agency or is otherwise qualified to act as an interpreter; the steps to be taken before an order under rule 54AG is made; the information about the proceeding that may be provided to a person in advance of any hearing in the proceeding to assist the person to prepare to act as an interpreter for the hearing, including, but not limited to— the indictment or charge sheet; and affidavits and statements; and lists of witnesses; and other documents; when, and in what circumstances and under what conditions (if any), the information mentioned in paragraph (f) may be provided; whether an interpreter is to interpret a witness’s evidence consecutively, simultaneously or in some other way; other resources an interpreter may need to consult in the course of acting as an interpreter, including, for example, dictionaries and other reference works; the length of time for which an interpreter should interpret during a hearing without a break; security for an interpreter, including, if necessary, arrangements to preserve the anonymity of the interpreter; practical matters relating to an interpreter, including, for example, the seating for and the location of the interpreter, and any necessary equipment to assist the interpreter; the disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter or any party to the proceeding or by the court on its own initiative; the payment of interpreters; any other direction the court considers appropriate.\n(sec.54AL-ssec.2) Subrule (1) does not limit the generality of the court’s power to control its own procedures.\n- (a) any particular attributes required or not required for an interpreter to accommodate any cultural or other reasonable concerns of a party, a witness or the accused person, including, but not limited to— (i) gender; and (ii) age; and (iii) ethnic, cultural or social background;\n- (i) gender; and\n- (ii) age; and\n- (iii) ethnic, cultural or social background;\n- (b) the number of interpreters required in the proceeding and whether relay interpreting should be used;\n- (c) establishing the expertise of an interpreter;\n- (d) the steps to be taken to obtain an interpreter who is certified, registered or recognised by a recognised agency or is otherwise qualified to act as an interpreter;\n- (e) the steps to be taken before an order under rule 54AG is made;\n- (f) the information about the proceeding that may be provided to a person in advance of any hearing in the proceeding to assist the person to prepare to act as an interpreter for the hearing, including, but not limited to— (i) the indictment or charge sheet; and (ii) affidavits and statements; and (iii) lists of witnesses; and (iv) other documents;\n- (i) the indictment or charge sheet; and\n- (ii) affidavits and statements; and\n- (iii) lists of witnesses; and\n- (iv) other documents;\n- (g) when, and in what circumstances and under what conditions (if any), the information mentioned in paragraph (f) may be provided;\n- (h) whether an interpreter is to interpret a witness’s evidence consecutively, simultaneously or in some other way;\n- (i) other resources an interpreter may need to consult in the course of acting as an interpreter, including, for example, dictionaries and other reference works;\n- (j) the length of time for which an interpreter should interpret during a hearing without a break;\n- (k) security for an interpreter, including, if necessary, arrangements to preserve the anonymity of the interpreter;\n- (l) practical matters relating to an interpreter, including, for example, the seating for and the location of the interpreter, and any necessary equipment to assist the interpreter;\n- (m) the disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter or any party to the proceeding or by the court on its own initiative;\n- (n) the payment of interpreters;\n- (o) any other direction the court considers appropriate.\n- (i) gender; and\n- (ii) age; and\n- (iii) ethnic, cultural or social background;\n- (i) the indictment or charge sheet; and\n- (ii) affidavits and statements; and\n- (iii) lists of witnesses; and\n- (iv) other documents;","sortOrder":31},{"sectionNumber":"ch.13A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":32},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Definition for ch 13A","content":"### sec.58A Definition for ch 13A\n\nIn this chapter—\nTrans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 (Cwlth) .\nr 58A ins 2013 SL No. 97 s 4","sortOrder":33},{"sectionNumber":"sec.58B","sectionType":"section","heading":"Interpretation","content":"### sec.58B Interpretation\n\nWords and expressions used in this chapter and the Trans-Tasman Proceedings Act have the same meaning in this chapter as they have in that Act except so far as the context or subject matter otherwise indicates or requires.\nThe following words and expressions are defined in the Trans-Tasman Proceedings Act , section 4 —\naudio link\naudiovisual link\ndocument\ngiven\nparty\nproceeding.\nr 58B ins 2013 SL No. 97 s 4\n- • audio link\n- • audiovisual link\n- • document\n- • given\n- • party\n- • proceeding.","sortOrder":34},{"sectionNumber":"sec.58C","sectionType":"section","heading":"Application of ch 13A","content":"### sec.58C Application of ch 13A\n\nThis chapter applies to criminal proceedings to which the Trans-Tasman Proceedings Act applies.\nr 58C ins 2013 SL No. 97 s 4","sortOrder":35},{"sectionNumber":"ch.13A-pt.2","sectionType":"part","heading":"Applications","content":"# Applications","sortOrder":36},{"sectionNumber":"sec.58D","sectionType":"section","heading":"Applications in proceeding under Trans-Tasman Proceedings Act","content":"### sec.58D Applications in proceeding under Trans-Tasman Proceedings Act\n\nThis rule applies to a proceeding that has already started.\nA party to the proceeding who wants to apply for an order under the Trans-Tasman Proceedings Act must make an application in the proceeding.\nThe application must be supported by an affidavit that states the material facts on which the applicant relies that are necessary to give the other party fair notice of the case to be made against the other party at the hearing of the application.\nr 58D ins 2013 SL No. 97 s 4\n(sec.58D-ssec.1) This rule applies to a proceeding that has already started.\n(sec.58D-ssec.2) A party to the proceeding who wants to apply for an order under the Trans-Tasman Proceedings Act must make an application in the proceeding.\n(sec.58D-ssec.3) The application must be supported by an affidavit that states the material facts on which the applicant relies that are necessary to give the other party fair notice of the case to be made against the other party at the hearing of the application. r 58D ins 2013 SL No. 97 s 4","sortOrder":37},{"sectionNumber":"ch.13A-pt.3","sectionType":"part","heading":"Subpoenas","content":"# Subpoenas","sortOrder":38},{"sectionNumber":"sec.58E","sectionType":"section","heading":"Application for leave to serve subpoena in New Zealand","content":"### sec.58E Application for leave to serve subpoena in New Zealand\n\nA party to a proceeding who requires the leave of the court to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act , section 31 must make an application for leave in the proceeding in which the subpoena was issued.\nThe application must be accompanied by—\na copy of the subpoena in relation to which leave is sought; and\nan affidavit stating, briefly but specifically, the following—\nthe name, occupation and address of the person named in the subpoena;\nwhether the person is over 18 years;\nthe nature and significance of the evidence to be given, or the document or thing to be produced, by the person;\ndetails of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person;\nthe date by which it is intended to serve the subpoena in New Zealand;\ndetails of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the subpoena;\ndetails of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person;\nif the subpoena requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;\nany facts or matters known to the party making the application that may be grounds for an application by the person to have the subpoena set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .\nSee the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve a subpoena in New Zealand.\nSee also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with a subpoena.\nDespite rules 57 and 98 , a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court.\nr 58E ins 2013 SL No. 97 s 4\n(sec.58E-ssec.1) A party to a proceeding who requires the leave of the court to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act , section 31 must make an application for leave in the proceeding in which the subpoena was issued.\n(sec.58E-ssec.2) The application must be accompanied by— a copy of the subpoena in relation to which leave is sought; and an affidavit stating, briefly but specifically, the following— the name, occupation and address of the person named in the subpoena; whether the person is over 18 years; the nature and significance of the evidence to be given, or the document or thing to be produced, by the person; details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person; the date by which it is intended to serve the subpoena in New Zealand; details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the subpoena; details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person; if the subpoena requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence; any facts or matters known to the party making the application that may be grounds for an application by the person to have the subpoena set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) . See the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve a subpoena in New Zealand. See also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with a subpoena.\n(sec.58E-ssec.3) Despite rules 57 and 98 , a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court. r 58E ins 2013 SL No. 97 s 4\n- (a) a copy of the subpoena in relation to which leave is sought; and\n- (b) an affidavit stating, briefly but specifically, the following— (i) the name, occupation and address of the person named in the subpoena; (ii) whether the person is over 18 years; (iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the person; (iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person; (v) the date by which it is intended to serve the subpoena in New Zealand; (vi) details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the subpoena; (vii) details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person; (viii) if the subpoena requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence; (ix) any facts or matters known to the party making the application that may be grounds for an application by the person to have the subpoena set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .\n- (i) the name, occupation and address of the person named in the subpoena;\n- (ii) whether the person is over 18 years;\n- (iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the person;\n- (iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person;\n- (v) the date by which it is intended to serve the subpoena in New Zealand;\n- (vi) details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the subpoena;\n- (vii) details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person;\n- (viii) if the subpoena requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;\n- (ix) any facts or matters known to the party making the application that may be grounds for an application by the person to have the subpoena set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .\n- (i) the name, occupation and address of the person named in the subpoena;\n- (ii) whether the person is over 18 years;\n- (iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the person;\n- (iv) details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person;\n- (v) the date by which it is intended to serve the subpoena in New Zealand;\n- (vi) details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the subpoena;\n- (vii) details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person;\n- (viii) if the subpoena requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;\n- (ix) any facts or matters known to the party making the application that may be grounds for an application by the person to have the subpoena set aside under the Trans-Tasman Proceedings Act , section 36 (2) or (3) .\n- 1 See the Trans-Tasman Proceedings Act , section 31 which allows the court to impose conditions when giving leave to serve a subpoena in New Zealand.\n- 2 See also the Trans-Tasman Proceedings Act , sections 33 and 37 which make provision in relation to the payment of expenses in complying with a subpoena.","sortOrder":39},{"sectionNumber":"sec.58F","sectionType":"section","heading":"Application to set aside subpoena","content":"### sec.58F Application to set aside subpoena\n\nA person applying under the Trans-Tasman Proceedings Act , section 35 to set aside a subpoena served in New Zealand must make the application in the proceeding in which the subpoena was issued.\nThe application must be accompanied by—\na copy of the subpoena; and\nan affidavit stating the following—\nthe material facts on which the application is based;\nwhether the person making the application requests that any hearing be held by audio link or audiovisual link.\nr 58F ins 2013 SL No. 97 s 4\n(sec.58F-ssec.1) A person applying under the Trans-Tasman Proceedings Act , section 35 to set aside a subpoena served in New Zealand must make the application in the proceeding in which the subpoena was issued.\n(sec.58F-ssec.2) The application must be accompanied by— a copy of the subpoena; and an affidavit stating the following— the material facts on which the application is based; whether the person making the application requests that any hearing be held by audio link or audiovisual link. r 58F ins 2013 SL No. 97 s 4\n- (a) a copy of the subpoena; and\n- (b) an affidavit stating the following— (i) the material facts on which the application is based; (ii) whether the person making the application requests that any hearing be held by audio link or audiovisual link.\n- (i) the material facts on which the application is based;\n- (ii) whether the person making the application requests that any hearing be held by audio link or audiovisual link.\n- (i) the material facts on which the application is based;\n- (ii) whether the person making the application requests that any hearing be held by audio link or audiovisual link.","sortOrder":40},{"sectionNumber":"sec.58G","sectionType":"section","heading":"Application for issue of certificate of noncompliance with subpoena","content":"### sec.58G Application for issue of certificate of noncompliance with subpoena\n\nA party to a proceeding may apply to the court that issued a subpoena for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a certificate of noncompliance ).\nThe application may be made—\nif the proceeding in which the subpoena is issued is before the court—orally to the court; or\nby filing the application.\nThe application must be accompanied by—\na copy of the subpoena; and\na copy of the order giving leave to serve the subpoena; and\nan affidavit of service of the subpoena; and\na further affidavit stating the following—\nwhether any application was made to set aside the subpoena;\nthe material in support of an application mentioned in subparagraph (i) ;\nany order that disposed of an application mentioned in subparagraph (i) ;\nthe material facts relied on for the issue of the certificate of noncompliance.\nA certificate of noncompliance is to be stamped by the registrar with the seal of the court.\nr 58G ins 2013 SL No. 97 s 4\n(sec.58G-ssec.1) A party to a proceeding may apply to the court that issued a subpoena for a certificate mentioned in the Trans-Tasman Proceedings Act , section 38 (a certificate of noncompliance ).\n(sec.58G-ssec.2) The application may be made— if the proceeding in which the subpoena is issued is before the court—orally to the court; or by filing the application.\n(sec.58G-ssec.3) The application must be accompanied by— a copy of the subpoena; and a copy of the order giving leave to serve the subpoena; and an affidavit of service of the subpoena; and a further affidavit stating the following— whether any application was made to set aside the subpoena; the material in support of an application mentioned in subparagraph (i) ; any order that disposed of an application mentioned in subparagraph (i) ; the material facts relied on for the issue of the certificate of noncompliance. A certificate of noncompliance is to be stamped by the registrar with the seal of the court. r 58G ins 2013 SL No. 97 s 4\n- (a) if the proceeding in which the subpoena is issued is before the court—orally to the court; or\n- (b) by filing the application.\n- (a) a copy of the subpoena; and\n- (b) a copy of the order giving leave to serve the subpoena; and\n- (c) an affidavit of service of the subpoena; and\n- (d) a further affidavit stating the following— (i) whether any application was made to set aside the subpoena; (ii) the material in support of an application mentioned in subparagraph (i) ; (iii) any order that disposed of an application mentioned in subparagraph (i) ; (iv) the material facts relied on for the issue of the certificate of noncompliance.\n- (i) whether any application was made to set aside the subpoena;\n- (ii) the material in support of an application mentioned in subparagraph (i) ;\n- (iii) any order that disposed of an application mentioned in subparagraph (i) ;\n- (iv) the material facts relied on for the issue of the certificate of noncompliance.\n- (i) whether any application was made to set aside the subpoena;\n- (ii) the material in support of an application mentioned in subparagraph (i) ;\n- (iii) any order that disposed of an application mentioned in subparagraph (i) ;\n- (iv) the material facts relied on for the issue of the certificate of noncompliance.","sortOrder":41},{"sectionNumber":"ch.13A-pt.4","sectionType":"part","heading":"Remote appearances","content":"# Remote appearances","sortOrder":42},{"sectionNumber":"sec.58H","sectionType":"section","heading":"Application for order for use of audio link or audiovisual link","content":"### sec.58H Application for order for use of audio link or audiovisual link\n\nA party to a proceeding applying for leave for an order that an appearance be made, evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand under the Trans-Tasman Proceedings Act , section 50 , must make the application in the proceeding to which the appearance, evidence or submissions relate.\nSubrule (1) does not apply to a request mentioned in rule 58F (2) (b) (ii) .\nr 58H ins 2013 SL No. 97 s 4\n(sec.58H-ssec.1) A party to a proceeding applying for leave for an order that an appearance be made, evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand under the Trans-Tasman Proceedings Act , section 50 , must make the application in the proceeding to which the appearance, evidence or submissions relate.\n(sec.58H-ssec.2) Subrule (1) does not apply to a request mentioned in rule 58F (2) (b) (ii) .","sortOrder":43},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":44},{"sectionNumber":"sec.63","sectionType":"section","heading":"Definitions for ch 15","content":"### sec.63 Definitions for ch 15\n\nIn this chapter—\ncourt means the Court of Appeal.\njudge means a judge of appeal.","sortOrder":45},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Appeals and subsequent appeals by convicted persons","content":"# Appeals and subsequent appeals by convicted persons","sortOrder":46},{"sectionNumber":"ch.15-pt.2-div.1","sectionType":"division","heading":"Starting appeals","content":"## Starting appeals","sortOrder":47},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of div 1","content":"### sec.64 Application of div 1\n\nThis division does not apply to appeals by persons under the District Court of Queensland Act 1967 , section 118 .\nr 64 amd 2012 SL No. 150 s 57 ; 2024 SL No. 178 s 10","sortOrder":48},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application for leave to appeal","content":"### sec.65 Application for leave to appeal\n\nAn applicant for leave to appeal must file a notice of application for leave to appeal with the registrar.\nThe notice must—\nbe signed by the applicant or the applicant’s lawyer; and\nstate, briefly and precisely, the grounds of the appeal.\nIf the notice is not filed in the appeal period, the applicant must also file with the registrar—\na notice of application for extension of time for filing the notice of application for leave to appeal; and\nan affidavit setting out the evidence in support of the application.\nIf the court gives the applicant leave to appeal, the notice of application for leave to appeal is taken to be a notice of appeal filed under rule 66 .\nr 65 amd 2024 SL No. 178 s 11\n(sec.65-ssec.1) An applicant for leave to appeal must file a notice of application for leave to appeal with the registrar.\n(sec.65-ssec.2) The notice must— be signed by the applicant or the applicant’s lawyer; and state, briefly and precisely, the grounds of the appeal.\n(sec.65-ssec.3) If the notice is not filed in the appeal period, the applicant must also file with the registrar— a notice of application for extension of time for filing the notice of application for leave to appeal; and an affidavit setting out the evidence in support of the application.\n(sec.65-ssec.4) If the court gives the applicant leave to appeal, the notice of application for leave to appeal is taken to be a notice of appeal filed under rule 66 .\n- (a) be signed by the applicant or the applicant’s lawyer; and\n- (b) state, briefly and precisely, the grounds of the appeal.\n- (a) a notice of application for extension of time for filing the notice of application for leave to appeal; and\n- (b) an affidavit setting out the evidence in support of the application.","sortOrder":49},{"sectionNumber":"sec.66","sectionType":"section","heading":"How to start appeal","content":"### sec.66 How to start appeal\n\nA person starts an appeal by filing a notice of appeal with the registrar.\nThe notice must—\nbe signed by the person or the person’s lawyer; and\nstate, briefly and precisely, the grounds of the appeal; and\nfor an appeal on a trial judge’s certificate given under the Code , section 668D (1) (b) , have the certificate fixed to it.\nIf the notice is not filed in the appeal period, the person must also file with the registrar—\na notice of application for extension of time for filing the notice of appeal; and\nan affidavit setting out the evidence in support of the application.\nr 66 amd 2024 SL No. 178 s 12\n(sec.66-ssec.1) A person starts an appeal by filing a notice of appeal with the registrar.\n(sec.66-ssec.2) The notice must— be signed by the person or the person’s lawyer; and state, briefly and precisely, the grounds of the appeal; and for an appeal on a trial judge’s certificate given under the Code , section 668D (1) (b) , have the certificate fixed to it.\n(sec.66-ssec.3) If the notice is not filed in the appeal period, the person must also file with the registrar— a notice of application for extension of time for filing the notice of appeal; and an affidavit setting out the evidence in support of the application.\n- (a) be signed by the person or the person’s lawyer; and\n- (b) state, briefly and precisely, the grounds of the appeal; and\n- (c) for an appeal on a trial judge’s certificate given under the Code , section 668D (1) (b) , have the certificate fixed to it.\n- (a) a notice of application for extension of time for filing the notice of appeal; and\n- (b) an affidavit setting out the evidence in support of the application.","sortOrder":50},{"sectionNumber":"ch.15-pt.2-div.1A","sectionType":"division","heading":"Starting subsequent appeals","content":"## Starting subsequent appeals","sortOrder":51},{"sectionNumber":"sec.66A","sectionType":"section","heading":"Application for leave to make subsequent appeal","content":"### sec.66A Application for leave to make subsequent appeal\n\nAn applicant for leave to make a subsequent appeal must file with the registrar a notice of application for leave to make a subsequent appeal.\nThe notice must—\nbe signed by the applicant or the applicant’s lawyer; and\nstate, briefly and precisely, the grounds of the subsequent appeal; and\nbe accompanied by an affidavit setting out the fresh and compelling evidence, or the new and compelling evidence, relied on in the grounds of the subsequent appeal.\nIf the court gives the applicant leave to make a subsequent appeal—\nthe applicant is taken to have started a subsequent appeal; and\nthe notice of application for leave to make a subsequent appeal is taken to be the notice of subsequent appeal for the purposes of the Code , sections 671H(4) and 671K(1).\nIn this rule—\nfresh and compelling evidence see the Code , section 671AB.\nnew and compelling evidence see the Code , section 671AB.\nr 66A ins 2024 SL No. 178 s 13\n(sec.66A-ssec.1) An applicant for leave to make a subsequent appeal must file with the registrar a notice of application for leave to make a subsequent appeal.\n(sec.66A-ssec.2) The notice must— be signed by the applicant or the applicant’s lawyer; and state, briefly and precisely, the grounds of the subsequent appeal; and be accompanied by an affidavit setting out the fresh and compelling evidence, or the new and compelling evidence, relied on in the grounds of the subsequent appeal.\n(sec.66A-ssec.3) If the court gives the applicant leave to make a subsequent appeal— the applicant is taken to have started a subsequent appeal; and the notice of application for leave to make a subsequent appeal is taken to be the notice of subsequent appeal for the purposes of the Code , sections 671H(4) and 671K(1).\n(sec.66A-ssec.4) In this rule— fresh and compelling evidence see the Code , section 671AB. new and compelling evidence see the Code , section 671AB.\n- (a) be signed by the applicant or the applicant’s lawyer; and\n- (b) state, briefly and precisely, the grounds of the subsequent appeal; and\n- (c) be accompanied by an affidavit setting out the fresh and compelling evidence, or the new and compelling evidence, relied on in the grounds of the subsequent appeal.\n- (a) the applicant is taken to have started a subsequent appeal; and\n- (b) the notice of application for leave to make a subsequent appeal is taken to be the notice of subsequent appeal for the purposes of the Code , sections 671H(4) and 671K(1).","sortOrder":52},{"sectionNumber":"ch.15-pt.2-div.2","sectionType":"division","heading":"Registrar’s powers and obligations","content":"## Registrar’s powers and obligations","sortOrder":53},{"sectionNumber":"sec.67","sectionType":"section","heading":"Registrar to give respondent copies of particular documents","content":"### sec.67 Registrar to give respondent copies of particular documents\n\nThe registrar must give the respondent to an appeal copies of any of the following documents filed with the registrar for the appeal—\nthe notice of appeal;\nthe notice of application for leave to appeal;\na notice of application for extension of time for filing a notice mentioned in paragraph (a) or (b) ;\nany affidavit filed under rule 65(3)(b) or 66(3)(b).\nThe registrar must give the respondent to a subsequent appeal copies of the following documents filed with the registrar for the subsequent appeal—\nthe notice of application for leave to make a subsequent appeal;\nthe affidavit accompanying the notice under rule 66A(2)(c).\nr 67 amd 2024 SL No. 178 s 14\n(sec.67-ssec.1) The registrar must give the respondent to an appeal copies of any of the following documents filed with the registrar for the appeal— the notice of appeal; the notice of application for leave to appeal; a notice of application for extension of time for filing a notice mentioned in paragraph (a) or (b) ; any affidavit filed under rule 65(3)(b) or 66(3)(b).\n(sec.67-ssec.2) The registrar must give the respondent to a subsequent appeal copies of the following documents filed with the registrar for the subsequent appeal— the notice of application for leave to make a subsequent appeal; the affidavit accompanying the notice under rule 66A(2)(c).\n- (a) the notice of appeal;\n- (b) the notice of application for leave to appeal;\n- (c) a notice of application for extension of time for filing a notice mentioned in paragraph (a) or (b) ;\n- (d) any affidavit filed under rule 65(3)(b) or 66(3)(b).\n- (a) the notice of application for leave to make a subsequent appeal;\n- (b) the affidavit accompanying the notice under rule 66A(2)(c).","sortOrder":54},{"sectionNumber":"sec.68","sectionType":"section","heading":"Registrar to give interested persons notice about appeal","content":"### sec.68 Registrar to give interested persons notice about appeal\n\nThis rule applies if any of the following matters mentioned in the Code , section 670 (1) arises in an appeal—\nan order for—\nthe restitution of property; or\nthe payment of compensation to an aggrieved person;\nthe operation of the Sale of Goods Act 1896 , section 26 (1) .\nThe registrar must give to each interested person who is not a party to the appeal written notice of the day on which the appeal is set down for hearing.\nIn this rule—\ninterested person means—\na person in whose favour the order is made; or\na person benefiting from the operation of the Sale of Goods Act 1896 , section 26 (1) in relation to the matter the subject of the appeal.\nr 68 amd 2024 SL No. 178 s 15\n(sec.68-ssec.1) This rule applies if any of the following matters mentioned in the Code , section 670 (1) arises in an appeal— an order for— the restitution of property; or the payment of compensation to an aggrieved person; the operation of the Sale of Goods Act 1896 , section 26 (1) .\n(sec.68-ssec.2) The registrar must give to each interested person who is not a party to the appeal written notice of the day on which the appeal is set down for hearing.\n(sec.68-ssec.3) In this rule— interested person means— a person in whose favour the order is made; or a person benefiting from the operation of the Sale of Goods Act 1896 , section 26 (1) in relation to the matter the subject of the appeal.\n- (a) an order for— (i) the restitution of property; or (ii) the payment of compensation to an aggrieved person;\n- (i) the restitution of property; or\n- (ii) the payment of compensation to an aggrieved person;\n- (b) the operation of the Sale of Goods Act 1896 , section 26 (1) .\n- (i) the restitution of property; or\n- (ii) the payment of compensation to an aggrieved person;\n- (a) a person in whose favour the order is made; or\n- (b) a person benefiting from the operation of the Sale of Goods Act 1896 , section 26 (1) in relation to the matter the subject of the appeal.","sortOrder":55},{"sectionNumber":"ch.15-pt.2-div.3","sectionType":"division","heading":"General provisions preliminary to hearing appeal or subsequent appeal","content":"## General provisions preliminary to hearing appeal or subsequent appeal","sortOrder":56},{"sectionNumber":"sec.69","sectionType":"section","heading":"Abandoning applications","content":"### sec.69 Abandoning applications\n\nThis rule applies to an applicant—\nfor leave to appeal; or\nfor an extension of time within which a notice of appeal, or notice of an application for leave to appeal, may be given; or\nfor leave to make a subsequent appeal.\nThe applicant, at any time after filing the application, may abandon it by giving to the registrar a notice of abandonment of application.\nThe application is taken to be refused by the court when the notice of abandonment is given to the registrar.\nHowever, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application.\nThis rule does not apply in relation to an application for leave to appeal under the District Court of Queensland Act 1967 , section 118.\nSee rule 86 for abandoning applications in particular appeals under the District Court of Queensland Act 1967 , section 118.\nr 69 amd 2024 SL No. 178 s 17\n(sec.69-ssec.1) This rule applies to an applicant— for leave to appeal; or for an extension of time within which a notice of appeal, or notice of an application for leave to appeal, may be given; or for leave to make a subsequent appeal.\n(sec.69-ssec.2) The applicant, at any time after filing the application, may abandon it by giving to the registrar a notice of abandonment of application.\n(sec.69-ssec.3) The application is taken to be refused by the court when the notice of abandonment is given to the registrar.\n(sec.69-ssec.4) However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application.\n(sec.69-ssec.5) This rule does not apply in relation to an application for leave to appeal under the District Court of Queensland Act 1967 , section 118. See rule 86 for abandoning applications in particular appeals under the District Court of Queensland Act 1967 , section 118.\n- (a) for leave to appeal; or\n- (b) for an extension of time within which a notice of appeal, or notice of an application for leave to appeal, may be given; or\n- (c) for leave to make a subsequent appeal.","sortOrder":57},{"sectionNumber":"sec.70","sectionType":"section","heading":"Abandoning appeal or subsequent appeal","content":"### sec.70 Abandoning appeal or subsequent appeal\n\nAn appellant, at any time after starting an appeal or subsequent appeal, may abandon it by giving to the registrar a notice of abandonment of appeal or notice of abandonment of subsequent appeal.\nThe appeal or subsequent appeal is taken to be dismissed by the court when the notice is given to the registrar.\nHowever, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the appeal or subsequent appeal.\nr 70 amd 2024 SL No. 178 s 18\n(sec.70-ssec.1) An appellant, at any time after starting an appeal or subsequent appeal, may abandon it by giving to the registrar a notice of abandonment of appeal or notice of abandonment of subsequent appeal.\n(sec.70-ssec.2) The appeal or subsequent appeal is taken to be dismissed by the court when the notice is given to the registrar.\n(sec.70-ssec.3) However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the appeal or subsequent appeal.","sortOrder":58},{"sectionNumber":"sec.71","sectionType":"section","heading":"Trial judge’s directions etc. about revesting or restitution of property on conviction","content":"### sec.71 Trial judge’s directions etc. about revesting or restitution of property on conviction\n\nThis rule applies if a court of trial—\ndirects that the operation of the following is not suspended under the Code , section 670 (1) —\nan order for the restitution of property;\nthe Sale of Goods Act 1896 , section 26 (1) ; and\nconsiders the property, or a sample, portion or copy of it is reasonably necessary for the hearing of an appeal.\nThe trial judge may give the directions about the restitution or revesting of the property as the trial judge considers appropriate to ensure the property or a sample, portion or copy of it is produced for the hearing of the appeal.\n(sec.71-ssec.1) This rule applies if a court of trial— directs that the operation of the following is not suspended under the Code , section 670 (1) — an order for the restitution of property; the Sale of Goods Act 1896 , section 26 (1) ; and considers the property, or a sample, portion or copy of it is reasonably necessary for the hearing of an appeal.\n(sec.71-ssec.2) The trial judge may give the directions about the restitution or revesting of the property as the trial judge considers appropriate to ensure the property or a sample, portion or copy of it is produced for the hearing of the appeal.\n- (a) directs that the operation of the following is not suspended under the Code , section 670 (1) — (i) an order for the restitution of property; (ii) the Sale of Goods Act 1896 , section 26 (1) ; and\n- (i) an order for the restitution of property;\n- (ii) the Sale of Goods Act 1896 , section 26 (1) ; and\n- (b) considers the property, or a sample, portion or copy of it is reasonably necessary for the hearing of an appeal.\n- (i) an order for the restitution of property;\n- (ii) the Sale of Goods Act 1896 , section 26 (1) ; and","sortOrder":59},{"sectionNumber":"sec.72","sectionType":"section","heading":"Certificate of conviction","content":"### sec.72 Certificate of conviction\n\nThis rule applies if a person (the requester ) asks the proper officer of the court of trial before which a person was convicted of an indictable offence to give to the requester a certificate of the person’s conviction.\nThe proper officer may give the certificate to the requester only if—\nthe appeal period for the offence has ended; and\nan appeal or subsequent appeal has not started, or a notice of application for leave to appeal or notice of application for leave to make a subsequent appeal has not been filed.\nIf an appeal or subsequent appeal has started, or a notice of application for leave to appeal or notice of application for leave to make a subsequent appeal has been filed, the proper officer may give the certificate to the requester only if—\nthe final decision on the appeal, subsequent appeal or application has been given; or\nthe appeal, subsequent appeal or application has been abandoned.\nr 72 amd 2024 SL No. 178 s 19\n(sec.72-ssec.1) This rule applies if a person (the requester ) asks the proper officer of the court of trial before which a person was convicted of an indictable offence to give to the requester a certificate of the person’s conviction.\n(sec.72-ssec.2) The proper officer may give the certificate to the requester only if— the appeal period for the offence has ended; and an appeal or subsequent appeal has not started, or a notice of application for leave to appeal or notice of application for leave to make a subsequent appeal has not been filed.\n(sec.72-ssec.3) If an appeal or subsequent appeal has started, or a notice of application for leave to appeal or notice of application for leave to make a subsequent appeal has been filed, the proper officer may give the certificate to the requester only if— the final decision on the appeal, subsequent appeal or application has been given; or the appeal, subsequent appeal or application has been abandoned.\n- (a) the appeal period for the offence has ended; and\n- (b) an appeal or subsequent appeal has not started, or a notice of application for leave to appeal or notice of application for leave to make a subsequent appeal has not been filed.\n- (a) the final decision on the appeal, subsequent appeal or application has been given; or\n- (b) the appeal, subsequent appeal or application has been abandoned.","sortOrder":60},{"sectionNumber":"sec.73","sectionType":"section","heading":"Lawyer acting for convicted person","content":"### sec.73 Lawyer acting for convicted person\n\nThis rule applies in relation to the following proceedings—\nan appeal or subsequent appeal;\nan application for leave to appeal or application for leave to make a subsequent appeal.\nA lawyer acting for a convicted person in the proceeding must—\ngive written notice that the lawyer acts for the convicted person to the registrar of the court; and\ngive a copy of the notice to the respondent.\nThe notice must state the lawyer’s—\naddress for service; and\ntelephone and facsimile number; and\nemail address, if any.\nThe lawyer must comply with subrule (2) —\nno later than 14 days before the day the proceeding is set down for hearing (the hearing day ); or\nif the hearing day is sooner than the 14 days, as soon as possible.\nA lawyer acting for a convicted person who files a notice of appeal, notice of application for leave to appeal or notice of application for leave to make a subsequent appeal is taken to continue acting for the convicted person until the earliest of the following happens—\nthe lawyer gives a notice to the registrar under rule 74 (1) ;\nthe lawyer is given the court’s leave to withdraw from acting for the convicted person under rule 74 (2) .\nr 73 amd 2024 SL No. 178 s 20\n(sec.73-ssec.1) This rule applies in relation to the following proceedings— an appeal or subsequent appeal; an application for leave to appeal or application for leave to make a subsequent appeal.\n(sec.73-ssec.2) A lawyer acting for a convicted person in the proceeding must— give written notice that the lawyer acts for the convicted person to the registrar of the court; and give a copy of the notice to the respondent.\n(sec.73-ssec.3) The notice must state the lawyer’s— address for service; and telephone and facsimile number; and email address, if any.\n(sec.73-ssec.4) The lawyer must comply with subrule (2) — no later than 14 days before the day the proceeding is set down for hearing (the hearing day ); or if the hearing day is sooner than the 14 days, as soon as possible.\n(sec.73-ssec.5) A lawyer acting for a convicted person who files a notice of appeal, notice of application for leave to appeal or notice of application for leave to make a subsequent appeal is taken to continue acting for the convicted person until the earliest of the following happens— the lawyer gives a notice to the registrar under rule 74 (1) ; the lawyer is given the court’s leave to withdraw from acting for the convicted person under rule 74 (2) .\n- (a) an appeal or subsequent appeal;\n- (b) an application for leave to appeal or application for leave to make a subsequent appeal.\n- (a) give written notice that the lawyer acts for the convicted person to the registrar of the court; and\n- (b) give a copy of the notice to the respondent.\n- (a) address for service; and\n- (b) telephone and facsimile number; and\n- (c) email address, if any.\n- (a) no later than 14 days before the day the proceeding is set down for hearing (the hearing day ); or\n- (b) if the hearing day is sooner than the 14 days, as soon as possible.\n- (a) the lawyer gives a notice to the registrar under rule 74 (1) ;\n- (b) the lawyer is given the court’s leave to withdraw from acting for the convicted person under rule 74 (2) .","sortOrder":61},{"sectionNumber":"sec.74","sectionType":"section","heading":"Lawyer withdrawing from acting for convicted person","content":"### sec.74 Lawyer withdrawing from acting for convicted person\n\nA lawyer who is no longer instructed to act for a convicted person in a proceeding mentioned in rule 73(1) may withdraw from acting for the convicted person in the proceeding by—\nas soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the convicted person; and\nat the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer—\nthe respondent;\nthe convicted person.\nA lawyer who wants to withdraw from acting for a convicted person in a proceeding mentioned in rule 73(1), other than because the lawyer is no longer instructed to act for the convicted person, may withdraw by—\ngiving written notice to the registrar that the lawyer intends seeking the court’s leave to withdraw from acting for the convicted person in the proceeding; and\ngiving a copy of the notice to—\nthe respondent; and\nif the lawyer knows the convicted person’s current address, the convicted person; and\nobtaining the court’s leave to withdraw from acting for the convicted person in the proceeding.\nThe lawyer must give the notice or copy mentioned in subrule (2) —\nno later than 14 days before the day the proceeding is set down for hearing (the hearing day ); or\nif the hearing day is sooner than the 14 days, as soon as possible.\nr 74 amd 2024 SL No. 178 s 21\n(sec.74-ssec.1) A lawyer who is no longer instructed to act for a convicted person in a proceeding mentioned in rule 73(1) may withdraw from acting for the convicted person in the proceeding by— as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the convicted person; and at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer— the respondent; the convicted person.\n(sec.74-ssec.2) A lawyer who wants to withdraw from acting for a convicted person in a proceeding mentioned in rule 73(1), other than because the lawyer is no longer instructed to act for the convicted person, may withdraw by— giving written notice to the registrar that the lawyer intends seeking the court’s leave to withdraw from acting for the convicted person in the proceeding; and giving a copy of the notice to— the respondent; and if the lawyer knows the convicted person’s current address, the convicted person; and obtaining the court’s leave to withdraw from acting for the convicted person in the proceeding.\n(sec.74-ssec.3) The lawyer must give the notice or copy mentioned in subrule (2) — no later than 14 days before the day the proceeding is set down for hearing (the hearing day ); or if the hearing day is sooner than the 14 days, as soon as possible.\n- (a) as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the convicted person; and\n- (b) at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer— (i) the respondent; (ii) the convicted person.\n- (i) the respondent;\n- (ii) the convicted person.\n- (i) the respondent;\n- (ii) the convicted person.\n- (a) giving written notice to the registrar that the lawyer intends seeking the court’s leave to withdraw from acting for the convicted person in the proceeding; and\n- (b) giving a copy of the notice to— (i) the respondent; and (ii) if the lawyer knows the convicted person’s current address, the convicted person; and\n- (i) the respondent; and\n- (ii) if the lawyer knows the convicted person’s current address, the convicted person; and\n- (c) obtaining the court’s leave to withdraw from acting for the convicted person in the proceeding.\n- (i) the respondent; and\n- (ii) if the lawyer knows the convicted person’s current address, the convicted person; and\n- (a) no later than 14 days before the day the proceeding is set down for hearing (the hearing day ); or\n- (b) if the hearing day is sooner than the 14 days, as soon as possible.","sortOrder":62},{"sectionNumber":"ch.15-pt.2-div.4","sectionType":"division","heading":"Presence of appellant at hearings","content":"## Presence of appellant at hearings","sortOrder":63},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application for leave to be present","content":"### sec.75 Application for leave to be present\n\nThis rule applies in relation to an appellant who wishes to seek the leave of the court to be present under the Code , section 671D for any of the following proceedings (each a relevant proceeding )—\nan appeal on some ground involving a question of law alone;\nan application for leave to appeal or leave to make a subsequent appeal;\na proceeding preliminary or incidental to an appeal or subsequent appeal.\nIf the initial notice indicates that the appellant wishes to be present at the hearing of the appeal or subsequent appeal, or any application or proceeding mentioned in subrule (1)(b) or (c), the notice is also taken to be an application for leave to be present at the hearing of the relevant proceeding.\nIf subrule (2) does not apply, the appellant may apply to the court, in writing, for leave to be present at the hearing of the relevant proceeding.\nThe appellant must give the registrar reasons in writing, at least 7 clear business days before the day on which the relevant proceeding is set down for hearing, explaining—\nwhy the appellant wishes to be present at the hearing of the relevant proceeding; and\nif the appellant wishes to be present in person—why the appellant wishes to be present in this way and not in another way, including, for example, by way of video link.\nIn this rule—\ninitial notice means—\nfor an appeal on some ground involving a question of law alone—the notice of appeal; or\nfor another appeal—the notice of application for leave to appeal; or\nfor a subsequent appeal—the notice of application for leave to make a subsequent appeal.\nr 75 sub 2018 SL No. 127 s 27 ; 2024 SL No. 178 s 23\n(sec.75-ssec.1) This rule applies in relation to an appellant who wishes to seek the leave of the court to be present under the Code , section 671D for any of the following proceedings (each a relevant proceeding )— an appeal on some ground involving a question of law alone; an application for leave to appeal or leave to make a subsequent appeal; a proceeding preliminary or incidental to an appeal or subsequent appeal.\n(sec.75-ssec.2) If the initial notice indicates that the appellant wishes to be present at the hearing of the appeal or subsequent appeal, or any application or proceeding mentioned in subrule (1)(b) or (c), the notice is also taken to be an application for leave to be present at the hearing of the relevant proceeding.\n(sec.75-ssec.3) If subrule (2) does not apply, the appellant may apply to the court, in writing, for leave to be present at the hearing of the relevant proceeding.\n(sec.75-ssec.4) The appellant must give the registrar reasons in writing, at least 7 clear business days before the day on which the relevant proceeding is set down for hearing, explaining— why the appellant wishes to be present at the hearing of the relevant proceeding; and if the appellant wishes to be present in person—why the appellant wishes to be present in this way and not in another way, including, for example, by way of video link.\n(sec.75-ssec.5) In this rule— initial notice means— for an appeal on some ground involving a question of law alone—the notice of appeal; or for another appeal—the notice of application for leave to appeal; or for a subsequent appeal—the notice of application for leave to make a subsequent appeal.\n- (a) an appeal on some ground involving a question of law alone;\n- (b) an application for leave to appeal or leave to make a subsequent appeal;\n- (c) a proceeding preliminary or incidental to an appeal or subsequent appeal.\n- (a) why the appellant wishes to be present at the hearing of the relevant proceeding; and\n- (b) if the appellant wishes to be present in person—why the appellant wishes to be present in this way and not in another way, including, for example, by way of video link.\n- (a) for an appeal on some ground involving a question of law alone—the notice of appeal; or\n- (b) for another appeal—the notice of application for leave to appeal; or\n- (c) for a subsequent appeal—the notice of application for leave to make a subsequent appeal.","sortOrder":64},{"sectionNumber":"sec.76","sectionType":"section","heading":"Appellant on bail","content":"### sec.76 Appellant on bail\n\nIf an appellant who has been admitted to bail and is not represented by a lawyer does not attend a hearing of the appeal, subsequent appeal or leave application, the court may do the following—\nconsider the appeal, subsequent appeal or leave application in the appellant’s absence;\ndecline to consider the appeal, subsequent appeal or leave application;\nsummarily dismiss the appeal, subsequent appeal or leave application;\nmake another order the court considers appropriate;\nissue a warrant for the appellant’s apprehension.\nIn this rule—\nleave application means—\nan application for leave to appeal; or\nan application for leave to make a subsequent appeal.\nr 76 amd 2024 SL No. 178 s 24\n(sec.76-ssec.1) If an appellant who has been admitted to bail and is not represented by a lawyer does not attend a hearing of the appeal, subsequent appeal or leave application, the court may do the following— consider the appeal, subsequent appeal or leave application in the appellant’s absence; decline to consider the appeal, subsequent appeal or leave application; summarily dismiss the appeal, subsequent appeal or leave application; make another order the court considers appropriate; issue a warrant for the appellant’s apprehension.\n(sec.76-ssec.2) In this rule— leave application means— an application for leave to appeal; or an application for leave to make a subsequent appeal.\n- (a) consider the appeal, subsequent appeal or leave application in the appellant’s absence;\n- (b) decline to consider the appeal, subsequent appeal or leave application;\n- (c) summarily dismiss the appeal, subsequent appeal or leave application;\n- (d) make another order the court considers appropriate;\n- (e) issue a warrant for the appellant’s apprehension.\n- (a) an application for leave to appeal; or\n- (b) an application for leave to make a subsequent appeal.","sortOrder":65},{"sectionNumber":"sec.77","sectionType":"section","heading":"Appellant in custody","content":"### sec.77 Appellant in custody\n\nThis rule applies in relation to an appellant who is not represented by a lawyer and is in custody.\nIf the appellant is in prison, the prison’s general manager must give to the registrar written notice that the appellant is in prison.\nIf the appellant is in custody in a place other than a prison, the person in charge of the place must give to the registrar written notice that the appellant is in custody in the place.\nThe registrar may ask the court for directions about the appeal or subsequent appeal, including, for example, about the appellant’s presence at the hearing of the appeal or subsequent appeal.\nr 77 amd 2024 SL No. 178 s 25\n(sec.77-ssec.1) This rule applies in relation to an appellant who is not represented by a lawyer and is in custody.\n(sec.77-ssec.2) If the appellant is in prison, the prison’s general manager must give to the registrar written notice that the appellant is in prison.\n(sec.77-ssec.3) If the appellant is in custody in a place other than a prison, the person in charge of the place must give to the registrar written notice that the appellant is in custody in the place.\n(sec.77-ssec.4) The registrar may ask the court for directions about the appeal or subsequent appeal, including, for example, about the appellant’s presence at the hearing of the appeal or subsequent appeal.","sortOrder":66},{"sectionNumber":"ch.15-pt.2-div.5","sectionType":"division","heading":"Provisions about particular orders made when appeal or subsequent appeal upheld","content":"## Provisions about particular orders made when appeal or subsequent appeal upheld","sortOrder":67},{"sectionNumber":"sec.78","sectionType":"section","heading":"Registrar to give notice of particular orders","content":"### sec.78 Registrar to give notice of particular orders\n\nThis rule applies if the court makes any of the following orders under the Code , section 672 —\nan order staying execution of an order quashing an appellant’s conviction;\nan order for the appellant’s detention or return to the appellant’s former custody;\nan order giving bail to the appellant.\nThe registrar must give written notice of the order and its terms to the following persons—\nthe appellant;\nif the appellant is or was in custody, the chief executive (corrective services) and—\nthe general manager of the prison in which the appellant is or was in custody; or\nif subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody.\nSubrule (4) applies if an order mentioned in subrule (1) (b) or (c) was made on the application of a Crown law officer pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction.\nThe registrar, when giving a notice under subrule (2) , must also give to the appellant a written notice stating that if the appellant considers they were wronged by any failure to diligently prosecute the appeal, the appellant may apply to the court or a judge for an order under the Code , section 672 (3) for—\nthe immediate execution of the original order quashing the conviction; and\nthe appellant’s immediate release; and\nthe payment of compensation to the appellant as the court or judge considers appropriate.\nr 78 amd 2024 SL No. 178 s 27\n(sec.78-ssec.1) This rule applies if the court makes any of the following orders under the Code , section 672 — an order staying execution of an order quashing an appellant’s conviction; an order for the appellant’s detention or return to the appellant’s former custody; an order giving bail to the appellant.\n(sec.78-ssec.2) The registrar must give written notice of the order and its terms to the following persons— the appellant; if the appellant is or was in custody, the chief executive (corrective services) and— the general manager of the prison in which the appellant is or was in custody; or if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody.\n(sec.78-ssec.3) Subrule (4) applies if an order mentioned in subrule (1) (b) or (c) was made on the application of a Crown law officer pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction.\n(sec.78-ssec.4) The registrar, when giving a notice under subrule (2) , must also give to the appellant a written notice stating that if the appellant considers they were wronged by any failure to diligently prosecute the appeal, the appellant may apply to the court or a judge for an order under the Code , section 672 (3) for— the immediate execution of the original order quashing the conviction; and the appellant’s immediate release; and the payment of compensation to the appellant as the court or judge considers appropriate.\n- (a) an order staying execution of an order quashing an appellant’s conviction;\n- (b) an order for the appellant’s detention or return to the appellant’s former custody;\n- (c) an order giving bail to the appellant.\n- (a) the appellant;\n- (b) if the appellant is or was in custody, the chief executive (corrective services) and— (i) the general manager of the prison in which the appellant is or was in custody; or (ii) if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody.\n- (i) the general manager of the prison in which the appellant is or was in custody; or\n- (ii) if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody.\n- (i) the general manager of the prison in which the appellant is or was in custody; or\n- (ii) if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody.\n- (a) the immediate execution of the original order quashing the conviction; and\n- (b) the appellant’s immediate release; and\n- (c) the payment of compensation to the appellant as the court or judge considers appropriate.","sortOrder":68},{"sectionNumber":"sec.79","sectionType":"section","heading":"Crown law officer may be heard on application for immediate execution of original order etc.","content":"### sec.79 Crown law officer may be heard on application for immediate execution of original order etc.\n\nA Crown law officer may be heard on an appellant’s application for an order mentioned in rule 78 (4) (a) to (c) before the order is made.\nThe registrar must give the Crown law officer at least 1 clear day’s notice of the hearing of the application.\n(sec.79-ssec.1) A Crown law officer may be heard on an appellant’s application for an order mentioned in rule 78 (4) (a) to (c) before the order is made.\n(sec.79-ssec.2) The registrar must give the Crown law officer at least 1 clear day’s notice of the hearing of the application.","sortOrder":69},{"sectionNumber":"sec.80","sectionType":"section","heading":"Court’s power to order re-arrest on appeal by Crown law officer","content":"### sec.80 Court’s power to order re-arrest on appeal by Crown law officer\n\nThis rule applies if—\nthe court or a judge makes an order under the Code , section 672 (2) for the detention of an appellant pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction ( detention order ); and\nthe appellant has been discharged from the appellant’s former custody.\nThe court may, when the detention order is made or afterwards, issue a warrant for the appellant’s apprehension and committal into custody.\n(sec.80-ssec.1) This rule applies if— the court or a judge makes an order under the Code , section 672 (2) for the detention of an appellant pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction ( detention order ); and the appellant has been discharged from the appellant’s former custody.\n(sec.80-ssec.2) The court may, when the detention order is made or afterwards, issue a warrant for the appellant’s apprehension and committal into custody.\n- (a) the court or a judge makes an order under the Code , section 672 (2) for the detention of an appellant pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction ( detention order ); and\n- (b) the appellant has been discharged from the appellant’s former custody.","sortOrder":70},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":"Attorney-General’s appeals and references of points of law","content":"# Attorney-General’s appeals and references of points of law","sortOrder":71},{"sectionNumber":"sec.81","sectionType":"section","heading":"Starting appeal","content":"### sec.81 Starting appeal\n\nThe Attorney-General starts an appeal under the Code , section 669A (1) by filing a notice of appeal with the registrar.\nSubject to subrule (6) , the Attorney-General must serve a copy of the filed notice of appeal on the respondent to the appeal personally.\nHowever, if the respondent is in custody, the Attorney-General may serve the copy on the respondent by leaving it with a following person—\nif the respondent is in prison, the prison’s general manager;\nif the respondent is in custody in a place other than a prison, the person in charge of the place.\nIf the appeal is about a summary conviction for an indictable offence about which the convicted person has appealed to a District Court judge under the Justices Act 1886 , section 222 , the Attorney-General must serve a copy of the notice of appeal on the District Court registrar.\nAn affidavit of proof of service under this rule may be filed with the Court of Appeal registrar.\nIf the court considers it appropriate, the court may hear an appeal even though the Attorney-General has not served a copy of the notice of appeal on the respondent.\n(sec.81-ssec.1) The Attorney-General starts an appeal under the Code , section 669A (1) by filing a notice of appeal with the registrar.\n(sec.81-ssec.2) Subject to subrule (6) , the Attorney-General must serve a copy of the filed notice of appeal on the respondent to the appeal personally.\n(sec.81-ssec.3) However, if the respondent is in custody, the Attorney-General may serve the copy on the respondent by leaving it with a following person— if the respondent is in prison, the prison’s general manager; if the respondent is in custody in a place other than a prison, the person in charge of the place.\n(sec.81-ssec.4) If the appeal is about a summary conviction for an indictable offence about which the convicted person has appealed to a District Court judge under the Justices Act 1886 , section 222 , the Attorney-General must serve a copy of the notice of appeal on the District Court registrar.\n(sec.81-ssec.5) An affidavit of proof of service under this rule may be filed with the Court of Appeal registrar.\n(sec.81-ssec.6) If the court considers it appropriate, the court may hear an appeal even though the Attorney-General has not served a copy of the notice of appeal on the respondent.\n- (a) if the respondent is in prison, the prison’s general manager;\n- (b) if the respondent is in custody in a place other than a prison, the person in charge of the place.","sortOrder":72},{"sectionNumber":"sec.82","sectionType":"section","heading":"Referring point of law","content":"### sec.82 Referring point of law\n\nThe Attorney-General refers a point of law under the Code , section 669A (2) by filing a notice of reference with the registrar.\nThe notice must state, precisely and comprehensively, the point of law referred.\nThe Attorney-General must give a copy of the filed notice of reference to the acquitted or discharged person by—\nserving the acquitted or discharged person personally with the copy; or\nleaving the copy with some person at the acquitted or discharged person’s usual place of business or residence, or place of business or residence last known to the Attorney-General; or\ngiving the copy to the lawyer who represented the acquitted or discharged person at the trial to which the notice of reference relates.\nThe Attorney-General must also give a copy of the filed notice of reference to Legal Aid Queensland.\nThe purpose of giving a copy of the filed notice of reference to Legal Aid Queensland under subrule (4) is to permit Legal Aid Queensland to consider whether it should appear on its own behalf on the reference pursuant to the Legal Aid Queensland Act 1997 , section 47 .\nr 82 amd 2018 SL No. 127 s 28\n(sec.82-ssec.1) The Attorney-General refers a point of law under the Code , section 669A (2) by filing a notice of reference with the registrar.\n(sec.82-ssec.2) The notice must state, precisely and comprehensively, the point of law referred.\n(sec.82-ssec.3) The Attorney-General must give a copy of the filed notice of reference to the acquitted or discharged person by— serving the acquitted or discharged person personally with the copy; or leaving the copy with some person at the acquitted or discharged person’s usual place of business or residence, or place of business or residence last known to the Attorney-General; or giving the copy to the lawyer who represented the acquitted or discharged person at the trial to which the notice of reference relates.\n(sec.82-ssec.4) The Attorney-General must also give a copy of the filed notice of reference to Legal Aid Queensland.\n(sec.82-ssec.5) The purpose of giving a copy of the filed notice of reference to Legal Aid Queensland under subrule (4) is to permit Legal Aid Queensland to consider whether it should appear on its own behalf on the reference pursuant to the Legal Aid Queensland Act 1997 , section 47 . r 82 amd 2018 SL No. 127 s 28\n- (a) serving the acquitted or discharged person personally with the copy; or\n- (b) leaving the copy with some person at the acquitted or discharged person’s usual place of business or residence, or place of business or residence last known to the Attorney-General; or\n- (c) giving the copy to the lawyer who represented the acquitted or discharged person at the trial to which the notice of reference relates.","sortOrder":73},{"sectionNumber":"ch.15-pt.4","sectionType":"part","heading":"Particular appeals under District Court of Queensland Act 1967 , section 118","content":"# Particular appeals under District Court of Queensland Act 1967 , section 118","sortOrder":74},{"sectionNumber":"sec.83","sectionType":"section","heading":"Application of pt 4","content":"### sec.83 Application of pt 4\n\nThis part applies to appeals by persons under the District Court of Queensland Act 1967 , section 118 .\nr 83 amd 2012 SL No. 150 s 59","sortOrder":75},{"sectionNumber":"sec.84","sectionType":"section","heading":"Application for leave to appeal","content":"### sec.84 Application for leave to appeal\n\nAn applicant for leave to appeal must file a notice of application for leave to appeal with the registrar.\nThe notice must—\nbe signed by the applicant or the applicant’s lawyer; and\nidentify the judgment against which the appeal is brought; and\nstate, briefly and precisely—\nthe grounds of the appeal; and\nwhy the Court of Appeal should grant a further appeal to the court from the District Court.\nIf the court gives the applicant leave to appeal, the applicant is taken to have started the appeal.\nr 84 amd 2024 SL No. 178 s 28\n(sec.84-ssec.1) An applicant for leave to appeal must file a notice of application for leave to appeal with the registrar.\n(sec.84-ssec.2) The notice must— be signed by the applicant or the applicant’s lawyer; and identify the judgment against which the appeal is brought; and state, briefly and precisely— the grounds of the appeal; and why the Court of Appeal should grant a further appeal to the court from the District Court.\n(sec.84-ssec.3) If the court gives the applicant leave to appeal, the applicant is taken to have started the appeal.\n- (a) be signed by the applicant or the applicant’s lawyer; and\n- (b) identify the judgment against which the appeal is brought; and\n- (c) state, briefly and precisely— (i) the grounds of the appeal; and (ii) why the Court of Appeal should grant a further appeal to the court from the District Court.\n- (i) the grounds of the appeal; and\n- (ii) why the Court of Appeal should grant a further appeal to the court from the District Court.\n- (i) the grounds of the appeal; and\n- (ii) why the Court of Appeal should grant a further appeal to the court from the District Court.","sortOrder":76},{"sectionNumber":"sec.85","sectionType":"section","heading":"Time for filing and serving notice","content":"### sec.85 Time for filing and serving notice\n\nA notice of application for leave to appeal must, unless the Court of Appeal orders otherwise—\nbe filed within the appeal period; and\nbe served as soon as practicable on all other parties to the appeal.\nIf the notice is not filed within the appeal period or as otherwise ordered by the Court of Appeal, the applicant must also file with the registrar—\na notice of application for extension of time within which to file the notice of application for leave to appeal; and\nan affidavit setting out the evidence in support of the application.\nr 85 amd 2024 SL No. 178 s 29\n(sec.85-ssec.1) A notice of application for leave to appeal must, unless the Court of Appeal orders otherwise— be filed within the appeal period; and be served as soon as practicable on all other parties to the appeal.\n(sec.85-ssec.2) If the notice is not filed within the appeal period or as otherwise ordered by the Court of Appeal, the applicant must also file with the registrar— a notice of application for extension of time within which to file the notice of application for leave to appeal; and an affidavit setting out the evidence in support of the application.\n- (a) be filed within the appeal period; and\n- (b) be served as soon as practicable on all other parties to the appeal.\n- (a) a notice of application for extension of time within which to file the notice of application for leave to appeal; and\n- (b) an affidavit setting out the evidence in support of the application.","sortOrder":77},{"sectionNumber":"sec.86","sectionType":"section","heading":"Abandoning application","content":"### sec.86 Abandoning application\n\nAn applicant for leave to appeal, at any time after filing the notice, may abandon the application by giving to the registrar a notice of abandonment of application.\nThe application is taken to be refused by the court when the notice of abandonment is given to the registrar.\nHowever, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application.\n(sec.86-ssec.1) An applicant for leave to appeal, at any time after filing the notice, may abandon the application by giving to the registrar a notice of abandonment of application.\n(sec.86-ssec.2) The application is taken to be refused by the court when the notice of abandonment is given to the registrar.\n(sec.86-ssec.3) However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application.","sortOrder":78},{"sectionNumber":"ch.15-pt.5","sectionType":"part","heading":"Appeals from informations presented by private persons for indictable offences","content":"# Appeals from informations presented by private persons for indictable offences","sortOrder":79},{"sectionNumber":"sec.87","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.87 Definitions for pt 5\n\nIn this part—\nprivate prosecutor means a person who presents an information against someone else under the Code , section 686 .\ntrial prosecutor means the prosecutor before the court of trial.","sortOrder":80},{"sectionNumber":"sec.88","sectionType":"section","heading":"Duties of registrar","content":"### sec.88 Duties of registrar\n\nThis rule applies if the registrar—\nreceives a notice of appeal or notice of application for leave to appeal about an information presented by a private prosecutor; and\nthe registrar considers the notice shows a substantial ground of appeal.\nIf the trial prosecutor was a Crown law officer or a Crown prosecutor, the registrar must give to the Crown law officer written notice of the appeal.\nIf the trial prosecutor was the private prosecutor, the registrar must ask the private prosecutor or the private prosecutor’s lawyer whether the private prosecutor intends to undertake the defence of the appeal.\nIf the private prosecutor declines to undertake the defence, the registrar must give written notice to the Crown law officer that the private prosecutor has declined to undertake the defence of the appeal.\n(sec.88-ssec.1) This rule applies if the registrar— receives a notice of appeal or notice of application for leave to appeal about an information presented by a private prosecutor; and the registrar considers the notice shows a substantial ground of appeal.\n(sec.88-ssec.2) If the trial prosecutor was a Crown law officer or a Crown prosecutor, the registrar must give to the Crown law officer written notice of the appeal.\n(sec.88-ssec.3) If the trial prosecutor was the private prosecutor, the registrar must ask the private prosecutor or the private prosecutor’s lawyer whether the private prosecutor intends to undertake the defence of the appeal.\n(sec.88-ssec.4) If the private prosecutor declines to undertake the defence, the registrar must give written notice to the Crown law officer that the private prosecutor has declined to undertake the defence of the appeal.\n- (a) receives a notice of appeal or notice of application for leave to appeal about an information presented by a private prosecutor; and\n- (b) the registrar considers the notice shows a substantial ground of appeal.","sortOrder":81},{"sectionNumber":"sec.89","sectionType":"section","heading":"Information and things to be given to registrar or Crown law officer","content":"### sec.89 Information and things to be given to registrar or Crown law officer\n\nThis rule applies if—\na private prosecutor declines to undertake the defence of an appeal about an information presented by the private prosecutor; and\nthe registrar or Crown law officer considers relevant material in the possession or under the control of the private prosecutor or the private prosecutor’s lawyer is needed to carry out the duties of the registrar or Crown law officer for the appeal.\nThe registrar or Crown law officer may, by written notice, ask the private prosecutor or private prosecutor’s lawyer to give the material to the registrar or Crown law officer by a stated day.\nIf the private prosecutor or lawyer does not comply with the request, the court may order the private prosecutor or lawyer to comply with it.\nIn this rule—\nrelevant material means information, a document or anything else connected with the proceedings against the appellant.\n(sec.89-ssec.1) This rule applies if— a private prosecutor declines to undertake the defence of an appeal about an information presented by the private prosecutor; and the registrar or Crown law officer considers relevant material in the possession or under the control of the private prosecutor or the private prosecutor’s lawyer is needed to carry out the duties of the registrar or Crown law officer for the appeal.\n(sec.89-ssec.2) The registrar or Crown law officer may, by written notice, ask the private prosecutor or private prosecutor’s lawyer to give the material to the registrar or Crown law officer by a stated day.\n(sec.89-ssec.3) If the private prosecutor or lawyer does not comply with the request, the court may order the private prosecutor or lawyer to comply with it.\n(sec.89-ssec.4) In this rule— relevant material means information, a document or anything else connected with the proceedings against the appellant.\n- (a) a private prosecutor declines to undertake the defence of an appeal about an information presented by the private prosecutor; and\n- (b) the registrar or Crown law officer considers relevant material in the possession or under the control of the private prosecutor or the private prosecutor’s lawyer is needed to carry out the duties of the registrar or Crown law officer for the appeal.","sortOrder":82},{"sectionNumber":"sec.90","sectionType":"section","heading":"Court may order Crown law officer to defend appeal","content":"### sec.90 Court may order Crown law officer to defend appeal\n\nThis rule applies to an appeal mentioned in this part defended by a private prosecutor.\nThe court may—\norder the Crown law officer to take over the defence of the appeal and be responsible, for the State, for further proceedings in the appeal; and\nmake any other order it considers appropriate.\n(sec.90-ssec.1) This rule applies to an appeal mentioned in this part defended by a private prosecutor.\n(sec.90-ssec.2) The court may— order the Crown law officer to take over the defence of the appeal and be responsible, for the State, for further proceedings in the appeal; and make any other order it considers appropriate.\n- (a) order the Crown law officer to take over the defence of the appeal and be responsible, for the State, for further proceedings in the appeal; and\n- (b) make any other order it considers appropriate.","sortOrder":83},{"sectionNumber":"ch.15-pt.6","sectionType":"part","heading":"Other provisions about appeals, subsequent appeals and references","content":"# Other provisions about appeals, subsequent appeals and references","sortOrder":84},{"sectionNumber":"ch.15-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":85},{"sectionNumber":"sec.91","sectionType":"section","heading":"Definitions for part","content":"### sec.91 Definitions for part\n\nIn this part—\nappeal includes—\nan application for leave to appeal; and\nan application about an appeal; and\nan appeal under the District Court of Queensland Act 1967 , section 118; and\na reference by the Attorney-General.\nparty means a party to an appeal or subsequent appeal.\nsubsequent appeal includes—\nan application for leave to make a subsequent appeal; and\nan application about a subsequent appeal.\nr 91 sub 2024 SL No. 178 s 31\n- (a) an application for leave to appeal; and\n- (b) an application about an appeal; and\n- (c) an appeal under the District Court of Queensland Act 1967 , section 118; and\n- (d) a reference by the Attorney-General.\n- (a) an application for leave to make a subsequent appeal; and\n- (b) an application about a subsequent appeal.","sortOrder":86},{"sectionNumber":"ch.15-pt.6-div.2","sectionType":"division","heading":"Time for appealing and applying for leave to appeal","content":"## Time for appealing and applying for leave to appeal","sortOrder":87},{"sectionNumber":"sec.92","sectionType":"section","heading":"Working out time for appealing or applying for leave to appeal","content":"### sec.92 Working out time for appealing or applying for leave to appeal\n\nFor the Code , section 671 —\nthe date of conviction is the day on which—\nthe accused person pleads guilty; or\nthe jury gives its verdict of guilt; and\nthe date of sentence is the day on which the court sentences the convicted person.\n- (a) the date of conviction is the day on which— (i) the accused person pleads guilty; or (ii) the jury gives its verdict of guilt; and\n- (i) the accused person pleads guilty; or\n- (ii) the jury gives its verdict of guilt; and\n- (b) the date of sentence is the day on which the court sentences the convicted person.\n- (i) the accused person pleads guilty; or\n- (ii) the jury gives its verdict of guilt; and","sortOrder":88},{"sectionNumber":"ch.15-pt.6-div.3","sectionType":"division","heading":"Registrar’s powers and obligations","content":"## Registrar’s powers and obligations","sortOrder":89},{"sectionNumber":"sec.93","sectionType":"section","heading":"Registrar to give notice of hearing day","content":"### sec.93 Registrar to give notice of hearing day\n\nIf a party is or was in custody, the registrar must give written notice of the day on which the appeal or subsequent appeal is set down for hearing to the following—\nthe party;\nthe chief executive (corrective services) and—\nthe general manager of the prison in which the party is or was in custody; or\nif subparagraph (i) does not apply, the person in charge of the place other than a prison in which the party is or was in custody.\nr 93 amd 2024 SL No. 178 s 32\n- (a) the party;\n- (b) the chief executive (corrective services) and— (i) the general manager of the prison in which the party is or was in custody; or (ii) if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the party is or was in custody.\n- (i) the general manager of the prison in which the party is or was in custody; or\n- (ii) if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the party is or was in custody.\n- (i) the general manager of the prison in which the party is or was in custody; or\n- (ii) if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the party is or was in custody.","sortOrder":90},{"sectionNumber":"sec.94","sectionType":"section","heading":"Registrar’s power to ask for trial judge’s comments","content":"### sec.94 Registrar’s power to ask for trial judge’s comments\n\nThis rule applies if—\nan appeal or subsequent appeal is started; or\nthe registrar is given notice that a party to an appeal or subsequent appeal disputes the accuracy of a trial transcript.\nThe registrar must ask the trial judge who dealt with the case the subject of the appeal or subsequent appeal to give to the registrar the trial judge’s written comments on the following—\nthe case generally;\na point arising in the appellant’s case;\nthe accuracy or otherwise of the trial transcript.\nThe trial judge may—\ngive the written comments if the trial judge considers it desirable to do so; and\nstate in the comments any inaccuracy in the trial transcript, whether or not a party has alleged the inaccuracy.\nThe trial judge’s comments given under this rule form part of the record of the court for the appeal or subsequent appeal.\nThe court may decide the appeal or subsequent appeal without the trial judge’s written comments if it considers it appropriate.\nThis rule does not apply to an appeal under the District Court of Queensland Act 1967 , section 118 .\nr 94 amd 2012 SL No. 150 s 60 ; 2024 SL No. 178 s 33\n(sec.94-ssec.1) This rule applies if— an appeal or subsequent appeal is started; or the registrar is given notice that a party to an appeal or subsequent appeal disputes the accuracy of a trial transcript.\n(sec.94-ssec.2) The registrar must ask the trial judge who dealt with the case the subject of the appeal or subsequent appeal to give to the registrar the trial judge’s written comments on the following— the case generally; a point arising in the appellant’s case; the accuracy or otherwise of the trial transcript.\n(sec.94-ssec.3) The trial judge may— give the written comments if the trial judge considers it desirable to do so; and state in the comments any inaccuracy in the trial transcript, whether or not a party has alleged the inaccuracy.\n(sec.94-ssec.4) The trial judge’s comments given under this rule form part of the record of the court for the appeal or subsequent appeal.\n(sec.94-ssec.5) The court may decide the appeal or subsequent appeal without the trial judge’s written comments if it considers it appropriate.\n(sec.94-ssec.6) This rule does not apply to an appeal under the District Court of Queensland Act 1967 , section 118 .\n- (a) an appeal or subsequent appeal is started; or\n- (b) the registrar is given notice that a party to an appeal or subsequent appeal disputes the accuracy of a trial transcript.\n- (a) the case generally;\n- (b) a point arising in the appellant’s case;\n- (c) the accuracy or otherwise of the trial transcript.\n- (a) give the written comments if the trial judge considers it desirable to do so; and\n- (b) state in the comments any inaccuracy in the trial transcript, whether or not a party has alleged the inaccuracy.","sortOrder":91},{"sectionNumber":"sec.95","sectionType":"section","heading":"Registrar’s power to ask for things for court","content":"### sec.95 Registrar’s power to ask for things for court\n\nIf directed by the court, the registrar must ask the person having custody of a relevant thing to give it to the registrar for an appeal or subsequent appeal before the court.\nThe registrar may ask the person having custody of a relevant thing to give it to the registrar for an appeal or subsequent appeal if—\na party asks the registrar to obtain the thing for the appeal or subsequent appeal; or\nthe registrar considers it necessary for the court’s decision on the appeal or subsequent appeal.\nIf the person having custody of the thing does not comply with the registrar’s request, the court may order the person to comply with it.\nA party may inspect the thing free of charge at a reasonable time decided by the registrar.\nOn the court’s final decision on the appeal or subsequent appeal, the registrar must return the thing to the person from whom it was obtained.\nIn this rule—\nperson having custody , of a relevant thing, means the proper officer of the court of trial, the Crown prosecutor, the Crown solicitor, or anyone else having custody of the thing.\nrelevant thing includes the following—\nthe original deposition of a witness examined before a magistrate or coroner;\nan indictment, or abstract or copy of all or part of an indictment, against the appellant;\nan aid used at the trial, including for example, a transcript used as an aid to an audio or video tape.\nr 95 amd 2024 SL No. 178 s 34\n(sec.95-ssec.1) If directed by the court, the registrar must ask the person having custody of a relevant thing to give it to the registrar for an appeal or subsequent appeal before the court.\n(sec.95-ssec.2) The registrar may ask the person having custody of a relevant thing to give it to the registrar for an appeal or subsequent appeal if— a party asks the registrar to obtain the thing for the appeal or subsequent appeal; or the registrar considers it necessary for the court’s decision on the appeal or subsequent appeal.\n(sec.95-ssec.3) If the person having custody of the thing does not comply with the registrar’s request, the court may order the person to comply with it.\n(sec.95-ssec.4) A party may inspect the thing free of charge at a reasonable time decided by the registrar.\n(sec.95-ssec.5) On the court’s final decision on the appeal or subsequent appeal, the registrar must return the thing to the person from whom it was obtained.\n(sec.95-ssec.6) In this rule— person having custody , of a relevant thing, means the proper officer of the court of trial, the Crown prosecutor, the Crown solicitor, or anyone else having custody of the thing. relevant thing includes the following— the original deposition of a witness examined before a magistrate or coroner; an indictment, or abstract or copy of all or part of an indictment, against the appellant; an aid used at the trial, including for example, a transcript used as an aid to an audio or video tape.\n- (a) a party asks the registrar to obtain the thing for the appeal or subsequent appeal; or\n- (b) the registrar considers it necessary for the court’s decision on the appeal or subsequent appeal.\n- (a) the original deposition of a witness examined before a magistrate or coroner;\n- (b) an indictment, or abstract or copy of all or part of an indictment, against the appellant;\n- (c) an aid used at the trial, including for example, a transcript used as an aid to an audio or video tape.","sortOrder":92},{"sectionNumber":"sec.96","sectionType":"section","heading":"Service of orders and notices","content":"### sec.96 Service of orders and notices\n\nThe following orders must be served personally, unless the court directs otherwise—\nan order to produce a document, exhibit or other thing in an appeal or subsequent appeal;\nan order requiring a witness to attend before the court or an examiner.\nSee part 7 (Miscellaneous), division 4 (Evidence and examination of witnesses).\nThe registrar may ask the Commissioner of the Police Service to ensure that an order or notice to be given to a person by the registrar under this division is served on the person personally by a police officer.\nr 96 amd 2024 SL No. 178 s 35\n(sec.96-ssec.1) The following orders must be served personally, unless the court directs otherwise— an order to produce a document, exhibit or other thing in an appeal or subsequent appeal; an order requiring a witness to attend before the court or an examiner. See part 7 (Miscellaneous), division 4 (Evidence and examination of witnesses).\n(sec.96-ssec.2) The registrar may ask the Commissioner of the Police Service to ensure that an order or notice to be given to a person by the registrar under this division is served on the person personally by a police officer.\n- (a) an order to produce a document, exhibit or other thing in an appeal or subsequent appeal;\n- (b) an order requiring a witness to attend before the court or an examiner. Editor’s note— See part 7 (Miscellaneous), division 4 (Evidence and examination of witnesses).","sortOrder":93},{"sectionNumber":"sec.97","sectionType":"section","heading":"Appeal record book","content":"### sec.97 Appeal record book\n\nAs soon as practicable after the initial notice is filed for an appeal, the registrar must—\nprepare a record book for the appeal (the appeal record book ); and\nmake the number of copies of the appeal record book the registrar considers necessary for the appeal.\nThe appeal record book must contain the following documents, to the extent the registrar considers the documents necessary for the court’s decision on the appeal—\nthe notice of appeal, notice of application for leave to appeal or notice of reference;\nthe trial transcript;\nthe exhibits tendered at the trial;\nany other document.\nIn deciding whether a document is necessary under subrule (2) , the registrar may consult with the parties.\nIn this rule—\ninitial notice means—\nfor an appeal that may be made only with the leave of the court—the notice of application for leave to appeal; or\nfor another appeal—the notice of appeal; or\nfor a reference by the Attorney-General—the notice of reference.\nr 97 amd 2018 SL No. 127 s 29 ; 2024 SL No. 178 s 36\n(sec.97-ssec.1) As soon as practicable after the initial notice is filed for an appeal, the registrar must— prepare a record book for the appeal (the appeal record book ); and make the number of copies of the appeal record book the registrar considers necessary for the appeal.\n(sec.97-ssec.2) The appeal record book must contain the following documents, to the extent the registrar considers the documents necessary for the court’s decision on the appeal— the notice of appeal, notice of application for leave to appeal or notice of reference; the trial transcript; the exhibits tendered at the trial; any other document.\n(sec.97-ssec.3) In deciding whether a document is necessary under subrule (2) , the registrar may consult with the parties.\n(sec.97-ssec.4) In this rule— initial notice means— for an appeal that may be made only with the leave of the court—the notice of application for leave to appeal; or for another appeal—the notice of appeal; or for a reference by the Attorney-General—the notice of reference.\n- (a) prepare a record book for the appeal (the appeal record book ); and\n- (b) make the number of copies of the appeal record book the registrar considers necessary for the appeal.\n- (a) the notice of appeal, notice of application for leave to appeal or notice of reference;\n- (b) the trial transcript;\n- (c) the exhibits tendered at the trial;\n- (d) any other document.\n- (a) for an appeal that may be made only with the leave of the court—the notice of application for leave to appeal; or\n- (b) for another appeal—the notice of appeal; or\n- (c) for a reference by the Attorney-General—the notice of reference.","sortOrder":94},{"sectionNumber":"sec.97A","sectionType":"section","heading":"Subsequent appeal record book","content":"### sec.97A Subsequent appeal record book\n\nAs soon as practicable after a notice of application for leave to make a subsequent appeal is filed, the registrar must—\nprepare a record book for the subsequent appeal (the subsequent appeal record book ); and\nmake the number of copies of the subsequent appeal record book the registrar considers necessary for the subsequent appeal.\nThe subsequent appeal record book must contain the following documents, to the extent the registrar considers the documents necessary for the court’s decision on the subsequent appeal—\nthe notice of application for leave to make a subsequent appeal;\nthe trial transcript;\nthe exhibits tendered at the trial;\nthe final decision on the appeal or application for leave to appeal against the appellant’s conviction under the Code , section 668D;\nthe final decision on any earlier application for leave to make a subsequent appeal against the appellant’s conviction;\nthe final decision on any earlier subsequent appeal against the appellant’s conviction;\nany appeal transcript;\nany other document.\nIn deciding whether a document is necessary under subrule (2), the registrar may consult with the parties.\nIn this rule—\nappeal transcript , in relation to a subsequent appeal, means a transcription of a record under the Recording of Evidence Act 1962 in relation to a proceeding mentioned in subrule (2)(d), (e) or (f).\nr 97A ins 2024 SL No. 178 s 37\n(sec.97A-ssec.1) As soon as practicable after a notice of application for leave to make a subsequent appeal is filed, the registrar must— prepare a record book for the subsequent appeal (the subsequent appeal record book ); and make the number of copies of the subsequent appeal record book the registrar considers necessary for the subsequent appeal.\n(sec.97A-ssec.2) The subsequent appeal record book must contain the following documents, to the extent the registrar considers the documents necessary for the court’s decision on the subsequent appeal— the notice of application for leave to make a subsequent appeal; the trial transcript; the exhibits tendered at the trial; the final decision on the appeal or application for leave to appeal against the appellant’s conviction under the Code , section 668D; the final decision on any earlier application for leave to make a subsequent appeal against the appellant’s conviction; the final decision on any earlier subsequent appeal against the appellant’s conviction; any appeal transcript; any other document.\n(sec.97A-ssec.3) In deciding whether a document is necessary under subrule (2), the registrar may consult with the parties.\n(sec.97A-ssec.4) In this rule— appeal transcript , in relation to a subsequent appeal, means a transcription of a record under the Recording of Evidence Act 1962 in relation to a proceeding mentioned in subrule (2)(d), (e) or (f).\n- (a) prepare a record book for the subsequent appeal (the subsequent appeal record book ); and\n- (b) make the number of copies of the subsequent appeal record book the registrar considers necessary for the subsequent appeal.\n- (a) the notice of application for leave to make a subsequent appeal;\n- (b) the trial transcript;\n- (c) the exhibits tendered at the trial;\n- (d) the final decision on the appeal or application for leave to appeal against the appellant’s conviction under the Code , section 668D;\n- (e) the final decision on any earlier application for leave to make a subsequent appeal against the appellant’s conviction;\n- (f) the final decision on any earlier subsequent appeal against the appellant’s conviction;\n- (g) any appeal transcript;\n- (h) any other document.","sortOrder":95},{"sectionNumber":"sec.97B","sectionType":"section","heading":"Fee for appeal record book or subsequent appeal record book","content":"### sec.97B Fee for appeal record book or subsequent appeal record book\n\nAn appellant must pay the fee prescribed by regulation for the preparation and copying of an appeal record book or subsequent appeal record book unless the appellant is the Attorney-General or is not represented by a lawyer.\nHowever, if the appellant’s lawyer is, or is funded by, Legal Aid Queensland, the appellant must only pay the fee payable for the first copy of the appeal record book or subsequent appeal record book.\nThe court or a judge may, by order, waive all or part of the fee payable under subrule (1) or (2) if the court or judge is satisfied it is in the interests of justice to do so, including, for example, because payment of the fee would cause, or be likely to cause, the appellant financial hardship.\nAn order under subrule (3) may be made on the application of the appellant or on the court’s or judge’s own initiative.\nAlso, after the court has given its final decision on the appeal or subsequent appeal, a party to the appeal or subsequent appeal may obtain a copy of the appeal record book or subsequent appeal record book on payment of the fee prescribed by regulation.\nr 97B ins 2024 SL No. 178 s 37\n(sec.97B-ssec.1) An appellant must pay the fee prescribed by regulation for the preparation and copying of an appeal record book or subsequent appeal record book unless the appellant is the Attorney-General or is not represented by a lawyer.\n(sec.97B-ssec.2) However, if the appellant’s lawyer is, or is funded by, Legal Aid Queensland, the appellant must only pay the fee payable for the first copy of the appeal record book or subsequent appeal record book.\n(sec.97B-ssec.3) The court or a judge may, by order, waive all or part of the fee payable under subrule (1) or (2) if the court or judge is satisfied it is in the interests of justice to do so, including, for example, because payment of the fee would cause, or be likely to cause, the appellant financial hardship.\n(sec.97B-ssec.4) An order under subrule (3) may be made on the application of the appellant or on the court’s or judge’s own initiative.\n(sec.97B-ssec.5) Also, after the court has given its final decision on the appeal or subsequent appeal, a party to the appeal or subsequent appeal may obtain a copy of the appeal record book or subsequent appeal record book on payment of the fee prescribed by regulation.","sortOrder":96},{"sectionNumber":"ch.15-pt.6-div.4","sectionType":"division","heading":"Parties’ access to particular records and exhibits","content":"## Parties’ access to particular records and exhibits","sortOrder":97},{"sectionNumber":"sec.98","sectionType":"section","heading":"Parties’ access to documents and exhibits held by registrar","content":"### sec.98 Parties’ access to documents and exhibits held by registrar\n\nSubject to subrules (2) to (7) , a party or the party’s lawyer may, on payment to the registrar of the fee prescribed by regulation—\ninspect or obtain a copy of a document or part of a document held by the registrar for the appeal or subsequent appeal; or\ninspect an exhibit, other than a document, held by the registrar for the appeal or subsequent appeal.\nIf a party’s lawyer is, or is funded by, Legal Aid Queensland, the registrar must—\ngive to the lawyer a copy of a document requested by the lawyer, free of charge, unless the registrar decides the copy is not necessary for the appeal or subsequent appeal; or\nallow the lawyer to inspect a document or exhibit held by the registrar for the appeal or subsequent appeal.\nThe registrar must give a copy of a document requested by either of the following persons to the person, or allow the person to inspect a document or exhibit held by the registrar, free of charge—\nthe Attorney-General;\nthe director of public prosecutions.\nThe registrar may give a copy of a document held by the registrar to a party free of charge if—\nthe party is not represented by a lawyer; and\nthe party asks the registrar for the copy; and\nthe registrar considers that, in all the circumstances, it is reasonable to give the copy to the party free of charge.\nThe court or a judge may, by order, waive all or part of the fee for inspecting a document or exhibit or copying a document.\nThis rule does not apply to a document the inspection of which would not be allowed under these rules if the document were not held by the registrar for an appeal or subsequent appeal, unless the registrar or a judge decides that inspection of the document is necessary for the appeal or subsequent appeal.\nThe registrar or a judge may decide to make a document or a copy of a document available to a party’s lawyer, but not the party.\nIn this rule—\nappeal transcript see rule 97A(4).\ndocument does not include an appeal record book, subsequent appeal record book, trial transcript or appeal transcript.\nr 98 amd 2000 SL No. 203 s 15 ; 2018 SL No. 127 s 30 ; 2024 SL No. 178 s 38\n(sec.98-ssec.1) Subject to subrules (2) to (7) , a party or the party’s lawyer may, on payment to the registrar of the fee prescribed by regulation— inspect or obtain a copy of a document or part of a document held by the registrar for the appeal or subsequent appeal; or inspect an exhibit, other than a document, held by the registrar for the appeal or subsequent appeal.\n(sec.98-ssec.2) If a party’s lawyer is, or is funded by, Legal Aid Queensland, the registrar must— give to the lawyer a copy of a document requested by the lawyer, free of charge, unless the registrar decides the copy is not necessary for the appeal or subsequent appeal; or allow the lawyer to inspect a document or exhibit held by the registrar for the appeal or subsequent appeal.\n(sec.98-ssec.3) The registrar must give a copy of a document requested by either of the following persons to the person, or allow the person to inspect a document or exhibit held by the registrar, free of charge— the Attorney-General; the director of public prosecutions.\n(sec.98-ssec.4) The registrar may give a copy of a document held by the registrar to a party free of charge if— the party is not represented by a lawyer; and the party asks the registrar for the copy; and the registrar considers that, in all the circumstances, it is reasonable to give the copy to the party free of charge.\n(sec.98-ssec.5) The court or a judge may, by order, waive all or part of the fee for inspecting a document or exhibit or copying a document.\n(sec.98-ssec.6) This rule does not apply to a document the inspection of which would not be allowed under these rules if the document were not held by the registrar for an appeal or subsequent appeal, unless the registrar or a judge decides that inspection of the document is necessary for the appeal or subsequent appeal.\n(sec.98-ssec.7) The registrar or a judge may decide to make a document or a copy of a document available to a party’s lawyer, but not the party.\n(sec.98-ssec.8) In this rule— appeal transcript see rule 97A(4). document does not include an appeal record book, subsequent appeal record book, trial transcript or appeal transcript.\n- (a) inspect or obtain a copy of a document or part of a document held by the registrar for the appeal or subsequent appeal; or\n- (b) inspect an exhibit, other than a document, held by the registrar for the appeal or subsequent appeal.\n- (a) give to the lawyer a copy of a document requested by the lawyer, free of charge, unless the registrar decides the copy is not necessary for the appeal or subsequent appeal; or\n- (b) allow the lawyer to inspect a document or exhibit held by the registrar for the appeal or subsequent appeal.\n- (a) the Attorney-General;\n- (b) the director of public prosecutions.\n- (a) the party is not represented by a lawyer; and\n- (b) the party asks the registrar for the copy; and\n- (c) the registrar considers that, in all the circumstances, it is reasonable to give the copy to the party free of charge.","sortOrder":98},{"sectionNumber":"sec.99","sectionType":"section","heading":"Pre-sentence and psychiatric reports","content":"### sec.99 Pre-sentence and psychiatric reports\n\nDespite any other rule in this part, the court or a judge may direct that a pre-sentence report or psychiatric report must not be given to, or inspected by, a party to an appeal or subsequent appeal if the court or judge decides—\ngiving the report to, or allowing inspection of the report by, the party may adversely affect the mental or physical health of the party; and\ngiving the report to, or allowing inspection of the report by, the party’s lawyer will be enough to protect the party’s interest in the appeal or subsequent appeal.\nIf a pre-sentence report or psychiatric report is given to, or inspected by, a party’s lawyer under this rule, the lawyer must ensure the report is not disclosed to the party.\nr 99 amd 2018 SL No. 127 s 31 ; 2024 SL No. 178 s 39\n(sec.99-ssec.1) Despite any other rule in this part, the court or a judge may direct that a pre-sentence report or psychiatric report must not be given to, or inspected by, a party to an appeal or subsequent appeal if the court or judge decides— giving the report to, or allowing inspection of the report by, the party may adversely affect the mental or physical health of the party; and giving the report to, or allowing inspection of the report by, the party’s lawyer will be enough to protect the party’s interest in the appeal or subsequent appeal.\n(sec.99-ssec.2) If a pre-sentence report or psychiatric report is given to, or inspected by, a party’s lawyer under this rule, the lawyer must ensure the report is not disclosed to the party.\n- (a) giving the report to, or allowing inspection of the report by, the party may adversely affect the mental or physical health of the party; and\n- (b) giving the report to, or allowing inspection of the report by, the party’s lawyer will be enough to protect the party’s interest in the appeal or subsequent appeal.","sortOrder":99},{"sectionNumber":"ch.15-pt.6-div.5","sectionType":"division","heading":"Returning exhibits","content":"## Returning exhibits","sortOrder":100},{"sectionNumber":"sec.100","sectionType":"section","heading":"Returning exhibits","content":"### sec.100 Returning exhibits\n\nThe court in giving its final decision on an appeal or subsequent appeal may make the orders it considers appropriate about the return of an exhibit used in the appeal or subsequent appeal.\nIf the court does not make an order under subrule (1) , the exhibit must be returned to—\nif it was first tendered in the court—the person who tendered it; or\notherwise—the proper officer of the court of trial who must return the exhibit to the party who tendered it.\nFor the purposes of this rule, an exhibit includes a document marked for identification, other than a jury note.\nAfter the court has given its final decision on an appeal or subsequent appeal, any jury note used in the appeal or subsequent appeal must be destroyed unless the court makes an order about the custody and the safekeeping of the note.\nr 100 amd 2008 SL No. 61 s 6 ; 2018 SL No. 127 s 32 ; 2024 SL No. 178 s 40\n(sec.100-ssec.1) The court in giving its final decision on an appeal or subsequent appeal may make the orders it considers appropriate about the return of an exhibit used in the appeal or subsequent appeal.\n(sec.100-ssec.2) If the court does not make an order under subrule (1) , the exhibit must be returned to— if it was first tendered in the court—the person who tendered it; or otherwise—the proper officer of the court of trial who must return the exhibit to the party who tendered it.\n(sec.100-ssec.3) For the purposes of this rule, an exhibit includes a document marked for identification, other than a jury note.\n(sec.100-ssec.4) After the court has given its final decision on an appeal or subsequent appeal, any jury note used in the appeal or subsequent appeal must be destroyed unless the court makes an order about the custody and the safekeeping of the note.\n- (a) if it was first tendered in the court—the person who tendered it; or\n- (b) otherwise—the proper officer of the court of trial who must return the exhibit to the party who tendered it.","sortOrder":101},{"sectionNumber":"ch.15-pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":102},{"sectionNumber":"ch.15-pt.7-div.1","sectionType":"division","heading":"Cases stated","content":"## Cases stated","sortOrder":103},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application of div 1","content":"### sec.101 Application of div 1\n\nThis division applies to—\na case stating a question of law reserved under the Code , section 668B ; and\na case reserved under the Code , section 668C .\n- (a) a case stating a question of law reserved under the Code , section 668B ; and\n- (b) a case reserved under the Code , section 668C .","sortOrder":104},{"sectionNumber":"sec.102","sectionType":"section","heading":"What case must state","content":"### sec.102 What case must state\n\nA case mentioned in rule 101 must state only the facts relevant to the question or case reserved.\nA case mentioned in rule 101 (a) must state, precisely and comprehensively, the question of law reserved and, if the accused person is convicted and the question of law is reserved before judgment—\nwhether—\njudgment was pronounced and execution of the judgment was respited; or\njudgment was postponed; and\nwhether the accused person was committed into custody or given bail.\n(sec.102-ssec.1) A case mentioned in rule 101 must state only the facts relevant to the question or case reserved.\n(sec.102-ssec.2) A case mentioned in rule 101 (a) must state, precisely and comprehensively, the question of law reserved and, if the accused person is convicted and the question of law is reserved before judgment— whether— judgment was pronounced and execution of the judgment was respited; or judgment was postponed; and whether the accused person was committed into custody or given bail.\n- (a) whether— (i) judgment was pronounced and execution of the judgment was respited; or (ii) judgment was postponed; and\n- (i) judgment was pronounced and execution of the judgment was respited; or\n- (ii) judgment was postponed; and\n- (b) whether the accused person was committed into custody or given bail.\n- (i) judgment was pronounced and execution of the judgment was respited; or\n- (ii) judgment was postponed; and","sortOrder":105},{"sectionNumber":"sec.103","sectionType":"section","heading":"Giving copies of case to particular persons and amending case","content":"### sec.103 Giving copies of case to particular persons and amending case\n\nThe trial judge stating a case must give—\nthe case and a copy of the relevant part of the trial transcript to the registrar; and\na copy of the case and relevant part of the trial transcript to each of the prosecutor and the accused person.\nThe trial judge may amend the case before the question of law is heard by the court.\nIf the trial judge amends the case under subrule (2) , the trial judge must give a copy of the amended case to each of the registrar, prosecutor and accused person as soon as possible before the question of law is heard.\n(sec.103-ssec.1) The trial judge stating a case must give— the case and a copy of the relevant part of the trial transcript to the registrar; and a copy of the case and relevant part of the trial transcript to each of the prosecutor and the accused person.\n(sec.103-ssec.2) The trial judge may amend the case before the question of law is heard by the court.\n(sec.103-ssec.3) If the trial judge amends the case under subrule (2) , the trial judge must give a copy of the amended case to each of the registrar, prosecutor and accused person as soon as possible before the question of law is heard.\n- (a) the case and a copy of the relevant part of the trial transcript to the registrar; and\n- (b) a copy of the case and relevant part of the trial transcript to each of the prosecutor and the accused person.","sortOrder":106},{"sectionNumber":"ch.15-pt.7-div.2","sectionType":"division","heading":"Powers exercisable by a judge","content":"## Powers exercisable by a judge","sortOrder":107},{"sectionNumber":"sec.104AA","sectionType":"section","heading":"Supplemental powers in appeals and subsequent appeals","content":"### sec.104AA Supplemental powers in appeals and subsequent appeals\n\nAn application under the Code , section 671B(1)(a), (b), (e) or (f) may be heard and determined by a judge of the court.\nr 104AA ins 2024 SL No. 178 s 41","sortOrder":108},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application to judge","content":"### sec.104 Application to judge\n\nThis rule applies to the following applications in which a judge may exercise the court’s powers—\nan application for leave to appeal;\nan application for leave to make a subsequent appeal;\nan application for extension of time in which a notice of appeal or of application for leave to appeal may be given;\nan application under rule 75 for leave for an appellant to be present at the hearing of a relevant proceeding;\nan application under the Code , section 671B(1)(a), (b), (e) or (f).\nUnless the court directs otherwise, the application must, in the first instance, be decided by the judge.\nr 104 amd 2024 SL No. 178 s 42\n(sec.104-ssec.1) This rule applies to the following applications in which a judge may exercise the court’s powers— an application for leave to appeal; an application for leave to make a subsequent appeal; an application for extension of time in which a notice of appeal or of application for leave to appeal may be given; an application under rule 75 for leave for an appellant to be present at the hearing of a relevant proceeding; an application under the Code , section 671B(1)(a), (b), (e) or (f).\n(sec.104-ssec.2) Unless the court directs otherwise, the application must, in the first instance, be decided by the judge.\n- (a) an application for leave to appeal;\n- (b) an application for leave to make a subsequent appeal;\n- (c) an application for extension of time in which a notice of appeal or of application for leave to appeal may be given;\n- (d) an application under rule 75 for leave for an appellant to be present at the hearing of a relevant proceeding;\n- (e) an application under the Code , section 671B(1)(a), (b), (e) or (f).","sortOrder":109},{"sectionNumber":"sec.105","sectionType":"section","heading":"Judge’s decision","content":"### sec.105 Judge’s decision\n\nThe registrar must give to the applicant written notice of the judge’s decision on an application made to the judge under this division.\nIf the application is refused and the applicant does not apply to the court for a rehearing under rule 106 , the judge’s decision is taken to be the final decision on the application.\nIn this rule—\napplicant means a person who makes an application mentioned in rule 104 .\n(sec.105-ssec.1) The registrar must give to the applicant written notice of the judge’s decision on an application made to the judge under this division.\n(sec.105-ssec.2) If the application is refused and the applicant does not apply to the court for a rehearing under rule 106 , the judge’s decision is taken to be the final decision on the application.\n(sec.105-ssec.3) In this rule— applicant means a person who makes an application mentioned in rule 104 .","sortOrder":110},{"sectionNumber":"sec.106","sectionType":"section","heading":"Rehearing by court","content":"### sec.106 Rehearing by court\n\nIf a judge refuses an application mentioned in rule 104 , the applicant may apply to the court for the application to be reheard by the court.\nAn application under subrule (1) must be filed with the registrar within—\n7 days after the notice mentioned in rule 105 (1) is given; or\nthe further period allowed by the judge or court.\nThe appellant may be present at the rehearing only with the court’s leave.\nThe judge may sit as a member of the court and participate in the decision on the rehearing.\nr 106 amd 2024 SL No. 178 s 43\n(sec.106-ssec.1) If a judge refuses an application mentioned in rule 104 , the applicant may apply to the court for the application to be reheard by the court.\n(sec.106-ssec.2) An application under subrule (1) must be filed with the registrar within— 7 days after the notice mentioned in rule 105 (1) is given; or the further period allowed by the judge or court.\n(sec.106-ssec.3) The appellant may be present at the rehearing only with the court’s leave.\n(sec.106-ssec.4) The judge may sit as a member of the court and participate in the decision on the rehearing.\n- (a) 7 days after the notice mentioned in rule 105 (1) is given; or\n- (b) the further period allowed by the judge or court.","sortOrder":111},{"sectionNumber":"ch.15-pt.7-div.3","sectionType":"division","heading":"Applications and notices relating to appeals and subsequent appeals by persons in custody","content":"## Applications and notices relating to appeals and subsequent appeals by persons in custody","sortOrder":112},{"sectionNumber":"sec.107","sectionType":"section","heading":"Application and notice by person in custody","content":"### sec.107 Application and notice by person in custody\n\nThis rule applies if—\na person is required or permitted to give a relevant document to, or file a relevant document with, the court, the registrar or the registry; and\nthe person is in custody.\nThe relevant document is taken to have been given or filed at the time the person gives the document to—\nif the person is in prison—the prison’s general manager; or\nif the person is in custody other than in a prison—the person in charge of the place in which the person is held in custody.\nIn this rule—\nrelevant document means an application or notice relating to an appeal or subsequent appeal.\nr 107 sub 2024 SL No. 178 s 45\n(sec.107-ssec.1) This rule applies if— a person is required or permitted to give a relevant document to, or file a relevant document with, the court, the registrar or the registry; and the person is in custody.\n(sec.107-ssec.2) The relevant document is taken to have been given or filed at the time the person gives the document to— if the person is in prison—the prison’s general manager; or if the person is in custody other than in a prison—the person in charge of the place in which the person is held in custody.\n(sec.107-ssec.3) In this rule— relevant document means an application or notice relating to an appeal or subsequent appeal.\n- (a) a person is required or permitted to give a relevant document to, or file a relevant document with, the court, the registrar or the registry; and\n- (b) the person is in custody.\n- (a) if the person is in prison—the prison’s general manager; or\n- (b) if the person is in custody other than in a prison—the person in charge of the place in which the person is held in custody.","sortOrder":113},{"sectionNumber":"ch.15-pt.7-div.4","sectionType":"division","heading":"Evidence and examination of witnesses","content":"## Evidence and examination of witnesses","sortOrder":114},{"sectionNumber":"sec.108","sectionType":"section","heading":"Application for leave to adduce evidence","content":"### sec.108 Application for leave to adduce evidence\n\nIf a party to an appeal or subsequent appeal wants to adduce evidence at the hearing of the appeal or subsequent appeal, the party must apply to the court for leave to adduce evidence.\nUnless the court directs otherwise, an application for leave to adduce evidence must be made in writing and accompanied by an affidavit of the witness giving or producing the evidence.\nThe affidavit must state the following—\nfor evidence that is to be given by the witness—what the evidence is;\nfor evidence that is to be produced by the witness—the nature of the evidence.\nr 108 amd 2018 SL No. 127 s 33 ; 2024 SL No. 178 s 46\n(sec.108-ssec.1) If a party to an appeal or subsequent appeal wants to adduce evidence at the hearing of the appeal or subsequent appeal, the party must apply to the court for leave to adduce evidence.\n(sec.108-ssec.2) Unless the court directs otherwise, an application for leave to adduce evidence must be made in writing and accompanied by an affidavit of the witness giving or producing the evidence.\n(sec.108-ssec.3) The affidavit must state the following— for evidence that is to be given by the witness—what the evidence is; for evidence that is to be produced by the witness—the nature of the evidence. r 108 amd 2018 SL No. 127 s 33 ; 2024 SL No. 178 s 46\n- (a) for evidence that is to be given by the witness—what the evidence is;\n- (b) for evidence that is to be produced by the witness—the nature of the evidence.","sortOrder":115},{"sectionNumber":"sec.109","sectionType":"section","heading":"Order for examination of witness","content":"### sec.109 Order for examination of witness\n\nThis rule applies if the court orders a witness to attend and be examined before the court or a person appointed by the court ( examiner ) under the Code , section 671B (1) (b) .\nIf the court orders the witness to be examined before the court, the order must state the time and place at which the witness is required to attend for the examination.\nIf the court orders the witness to be examined before an examiner, the order must state the following—\nthe examiner’s name;\nthe names of the witnesses to be examined;\nthe place for taking the examination.\nThe registrar must ensure a copy of the order is served on each witness named in it.\n(sec.109-ssec.1) This rule applies if the court orders a witness to attend and be examined before the court or a person appointed by the court ( examiner ) under the Code , section 671B (1) (b) .\n(sec.109-ssec.2) If the court orders the witness to be examined before the court, the order must state the time and place at which the witness is required to attend for the examination.\n(sec.109-ssec.3) If the court orders the witness to be examined before an examiner, the order must state the following— the examiner’s name; the names of the witnesses to be examined; the place for taking the examination.\n(sec.109-ssec.4) The registrar must ensure a copy of the order is served on each witness named in it.\n- (a) the examiner’s name;\n- (b) the names of the witnesses to be examined;\n- (c) the place for taking the examination.","sortOrder":116},{"sectionNumber":"sec.110","sectionType":"section","heading":"Notice of day and time for examination by examiner","content":"### sec.110 Notice of day and time for examination by examiner\n\nAn examiner appointed to examine a witness under this division must give to the registrar written notice of the day and time set by the examiner for the examination.\nThe registrar must give written notice of the day and time to the following—\nthe party to the appeal or subsequent appeal, or the party’s lawyer (if any), who applied for the examination order;\nif the party who applied for the examination order is in prison, the prison’s general manager;\nif the party who applied for the examination order is in custody in a place other than prison, the person in charge of the place;\neach witness to be examined before the examiner.\nIn this rule—\nexamination order means an order for the examination of a witness made by the court.\nr 110 amd 2024 SL No. 178 s 47\n(sec.110-ssec.1) An examiner appointed to examine a witness under this division must give to the registrar written notice of the day and time set by the examiner for the examination.\n(sec.110-ssec.2) The registrar must give written notice of the day and time to the following— the party to the appeal or subsequent appeal, or the party’s lawyer (if any), who applied for the examination order; if the party who applied for the examination order is in prison, the prison’s general manager; if the party who applied for the examination order is in custody in a place other than prison, the person in charge of the place; each witness to be examined before the examiner.\n(sec.110-ssec.3) In this rule— examination order means an order for the examination of a witness made by the court.\n- (a) the party to the appeal or subsequent appeal, or the party’s lawyer (if any), who applied for the examination order;\n- (b) if the party who applied for the examination order is in prison, the prison’s general manager;\n- (c) if the party who applied for the examination order is in custody in a place other than prison, the person in charge of the place;\n- (d) each witness to be examined before the examiner.","sortOrder":117},{"sectionNumber":"sec.111","sectionType":"section","heading":"Witnesses’ travelling expenses","content":"### sec.111 Witnesses’ travelling expenses\n\nThis rule applies to a witness who is served by a police officer with an order or notice requiring the witness to attend before the court or an examiner under this division.\nIf the police officer considers it necessary, the police officer may pay to the witness a reasonable amount for the witness’s travelling expenses from the witness’s place of residence to the place stated in the order or notice as the place for the examination.\nThe amount paid to the witness under subrule (2) must not be more than the amount approved by the Crown law officer for the travelling expenses.\nThe police officer must give to the registrar a certificate certifying the amount paid to the witness.\nThe amount certified under subrule (4) is taken to be a cost of the prosecution.\n(sec.111-ssec.1) This rule applies to a witness who is served by a police officer with an order or notice requiring the witness to attend before the court or an examiner under this division.\n(sec.111-ssec.2) If the police officer considers it necessary, the police officer may pay to the witness a reasonable amount for the witness’s travelling expenses from the witness’s place of residence to the place stated in the order or notice as the place for the examination.\n(sec.111-ssec.3) The amount paid to the witness under subrule (2) must not be more than the amount approved by the Crown law officer for the travelling expenses.\n(sec.111-ssec.4) The police officer must give to the registrar a certificate certifying the amount paid to the witness.\n(sec.111-ssec.5) The amount certified under subrule (4) is taken to be a cost of the prosecution.","sortOrder":118},{"sectionNumber":"sec.112","sectionType":"section","heading":"Parties may attend examination","content":"### sec.112 Parties may attend examination\n\nA party to an appeal or subsequent appeal to which an examination under this division relates, or the party’s lawyer, may attend the examination and participate in the examination of any witness.\nr 112 amd 2024 SL No. 178 s 47","sortOrder":119},{"sectionNumber":"sec.113","sectionType":"section","heading":"Registrar to give examiner documents or other things for examination","content":"### sec.113 Registrar to give examiner documents or other things for examination\n\nIf asked by an examiner, the registrar must give to the examiner any documents or other things relating to the appeal or subsequent appeal to which the examination relates.\nAfter the examination, the examiner must give to the registrar—\nthe documents and other things obtained under subrule (1) ; and\nthe depositions taken by the examiner in the examination.\nr 113 amd 2024 SL No. 178 s 47\n(sec.113-ssec.1) If asked by an examiner, the registrar must give to the examiner any documents or other things relating to the appeal or subsequent appeal to which the examination relates.\n(sec.113-ssec.2) After the examination, the examiner must give to the registrar— the documents and other things obtained under subrule (1) ; and the depositions taken by the examiner in the examination.\n- (a) the documents and other things obtained under subrule (1) ; and\n- (b) the depositions taken by the examiner in the examination.","sortOrder":120},{"sectionNumber":"sec.114","sectionType":"section","heading":"Procedure for examination","content":"### sec.114 Procedure for examination\n\nA witness giving evidence before an examiner must give the evidence on oath, unless, if the evidence were given in a trial, the evidence need not be given on oath.\nThe examiner must administer the oath to the witness.\nAn examiner taking a deposition from a witness must—\ntake the deposition in private; and\nensure it is—\nwritten; and\nread to the witness; and\nsigned by the witness and the examiner.\n(sec.114-ssec.1) A witness giving evidence before an examiner must give the evidence on oath, unless, if the evidence were given in a trial, the evidence need not be given on oath.\n(sec.114-ssec.2) The examiner must administer the oath to the witness.\n(sec.114-ssec.3) An examiner taking a deposition from a witness must— take the deposition in private; and ensure it is— written; and read to the witness; and signed by the witness and the examiner.\n- (a) take the deposition in private; and\n- (b) ensure it is— (i) written; and (ii) read to the witness; and (iii) signed by the witness and the examiner.\n- (i) written; and\n- (ii) read to the witness; and\n- (iii) signed by the witness and the examiner.\n- (i) written; and\n- (ii) read to the witness; and\n- (iii) signed by the witness and the examiner.","sortOrder":121},{"sectionNumber":"ch.15-pt.7-div.5","sectionType":"division","heading":"Orders referring questions for inquiry and report to commissioners","content":"## Orders referring questions for inquiry and report to commissioners","sortOrder":122},{"sectionNumber":"sec.115","sectionType":"section","heading":"Content of order","content":"### sec.115 Content of order\n\nThis rule applies to a court order referring a question for inquiry and report to a commissioner under the Code , section 671B(1)(e).\nThe order must state—\nthe question referred; and\nthe name of the commissioner to whom it is referred.\nThe court may, in the order, or at any time by direction, do the following—\nstate whether a party to the appeal or subsequent appeal to which the order relates, or the party’s lawyer, may attend all or part of the examination or investigation the subject of the order;\nif the appellant is in custody—\ngive leave to the appellant to attend any stage of the examination or investigation; or\ngive any necessary directions to—\nif the appellant is in prison, the prison’s general manager; or\nif the appellant is in custody in a place other than prison, the person in charge of the place;\nstate the powers the commissioner may exercise under the order;\nrequire the commissioner to make interim reports to the court on the question referred under the order;\nrequire the registrar to give copies of any report made by the commissioner to the parties or their lawyers.\nr 115 amd 2024 SL No. 178 s 48\n(sec.115-ssec.1) This rule applies to a court order referring a question for inquiry and report to a commissioner under the Code , section 671B(1)(e).\n(sec.115-ssec.2) The order must state— the question referred; and the name of the commissioner to whom it is referred.\n(sec.115-ssec.3) The court may, in the order, or at any time by direction, do the following— state whether a party to the appeal or subsequent appeal to which the order relates, or the party’s lawyer, may attend all or part of the examination or investigation the subject of the order; if the appellant is in custody— give leave to the appellant to attend any stage of the examination or investigation; or give any necessary directions to— if the appellant is in prison, the prison’s general manager; or if the appellant is in custody in a place other than prison, the person in charge of the place; state the powers the commissioner may exercise under the order; require the commissioner to make interim reports to the court on the question referred under the order; require the registrar to give copies of any report made by the commissioner to the parties or their lawyers.\n- (a) the question referred; and\n- (b) the name of the commissioner to whom it is referred.\n- (a) state whether a party to the appeal or subsequent appeal to which the order relates, or the party’s lawyer, may attend all or part of the examination or investigation the subject of the order;\n- (b) if the appellant is in custody— (i) give leave to the appellant to attend any stage of the examination or investigation; or (ii) give any necessary directions to— (A) if the appellant is in prison, the prison’s general manager; or (B) if the appellant is in custody in a place other than prison, the person in charge of the place;\n- (i) give leave to the appellant to attend any stage of the examination or investigation; or\n- (ii) give any necessary directions to— (A) if the appellant is in prison, the prison’s general manager; or (B) if the appellant is in custody in a place other than prison, the person in charge of the place;\n- (A) if the appellant is in prison, the prison’s general manager; or\n- (B) if the appellant is in custody in a place other than prison, the person in charge of the place;\n- (c) state the powers the commissioner may exercise under the order;\n- (d) require the commissioner to make interim reports to the court on the question referred under the order;\n- (e) require the registrar to give copies of any report made by the commissioner to the parties or their lawyers.\n- (i) give leave to the appellant to attend any stage of the examination or investigation; or\n- (ii) give any necessary directions to— (A) if the appellant is in prison, the prison’s general manager; or (B) if the appellant is in custody in a place other than prison, the person in charge of the place;\n- (A) if the appellant is in prison, the prison’s general manager; or\n- (B) if the appellant is in custody in a place other than prison, the person in charge of the place;\n- (A) if the appellant is in prison, the prison’s general manager; or\n- (B) if the appellant is in custody in a place other than prison, the person in charge of the place;","sortOrder":123},{"sectionNumber":"ch.15-pt.7-div.6","sectionType":"division","heading":"Decision on appeal, subsequent appeal or application","content":"## Decision on appeal, subsequent appeal or application","sortOrder":124},{"sectionNumber":"sec.116","sectionType":"section","heading":"Notice of decision","content":"### sec.116 Notice of decision\n\nThis rule applies in relation to the following—\nan appeal, application for leave to appeal or application about an appeal heard by the court;\na subsequent appeal, application for leave to make a subsequent appeal or an application about a subsequent appeal heard by the court;\nan application mentioned in rule 104(1) heard by a judge.\nAs soon as practicable after the court or judge gives the final decision on the appeal, subsequent appeal or application, the registrar must, by written notice, give the particulars of the decision to the following persons—\nthe appellant;\nthe respondent;\nthe chief executive (corrective services);\nthe proper officer of the court of trial;\nany person who was given the court’s leave to attend and be heard on the appeal, subsequent appeal or application.\nThe proper officer of the court of trial must keep a record of the particulars.\nr 116 amd 2024 SL No. 178 s 50\n(sec.116-ssec.1) This rule applies in relation to the following— an appeal, application for leave to appeal or application about an appeal heard by the court; a subsequent appeal, application for leave to make a subsequent appeal or an application about a subsequent appeal heard by the court; an application mentioned in rule 104(1) heard by a judge.\n(sec.116-ssec.2) As soon as practicable after the court or judge gives the final decision on the appeal, subsequent appeal or application, the registrar must, by written notice, give the particulars of the decision to the following persons— the appellant; the respondent; the chief executive (corrective services); the proper officer of the court of trial; any person who was given the court’s leave to attend and be heard on the appeal, subsequent appeal or application.\n(sec.116-ssec.3) The proper officer of the court of trial must keep a record of the particulars.\n- (a) an appeal, application for leave to appeal or application about an appeal heard by the court;\n- (b) a subsequent appeal, application for leave to make a subsequent appeal or an application about a subsequent appeal heard by the court;\n- (c) an application mentioned in rule 104(1) heard by a judge.\n- (a) the appellant;\n- (b) the respondent;\n- (c) the chief executive (corrective services);\n- (d) the proper officer of the court of trial;\n- (e) any person who was given the court’s leave to attend and be heard on the appeal, subsequent appeal or application.","sortOrder":125},{"sectionNumber":"sec.117","sectionType":"section","heading":"Registrar to notify appellant of application result","content":"### sec.117 Registrar to notify appellant of application result\n\nThis rule applies if an appellant is in custody and was not present at the hearing of an application about the appellant’s appeal or subsequent appeal before the court or a judge.\nThe registrar must give to the appellant written notice of the decision of the court or judge on the application.\nr 117 amd 2024 SL No. 178 s 51\n(sec.117-ssec.1) This rule applies if an appellant is in custody and was not present at the hearing of an application about the appellant’s appeal or subsequent appeal before the court or a judge.\n(sec.117-ssec.2) The registrar must give to the appellant written notice of the decision of the court or judge on the application.","sortOrder":126},{"sectionNumber":"ch.15-pt.7-div.7","sectionType":"division","heading":"Other miscellaneous provisions about appeals and subsequent appeals","content":"## Other miscellaneous provisions about appeals and subsequent appeals","sortOrder":127},{"sectionNumber":"sec.118","sectionType":"section","heading":"Trial judge’s certificate","content":"### sec.118 Trial judge’s certificate\n\nIf a trial judge certifies under the Code , section 668D (1) (b) that a case is fit for appeal, the trial judge must give the certificate to the convicted person to whom the case relates.","sortOrder":128},{"sectionNumber":"sec.119","sectionType":"section","heading":"Dealing with fine pending appeal","content":"### sec.119 Dealing with fine pending appeal\n\nThis rule applies if a convicted person is sentenced to pay a fine.\nAn amount paid by the person as the fine, or part of the fine, must be kept by the proper officer of the court until—\nthe end of the appeal period; or\nif the convicted person starts an appeal, the final decision on the appeal.\nSubject to a court order, if the person appeals successfully against the conviction or sentence, the proper officer must refund to the person the amount decided by the court on the appeal.\n(sec.119-ssec.1) This rule applies if a convicted person is sentenced to pay a fine.\n(sec.119-ssec.2) An amount paid by the person as the fine, or part of the fine, must be kept by the proper officer of the court until— the end of the appeal period; or if the convicted person starts an appeal, the final decision on the appeal.\n(sec.119-ssec.3) Subject to a court order, if the person appeals successfully against the conviction or sentence, the proper officer must refund to the person the amount decided by the court on the appeal.\n- (a) the end of the appeal period; or\n- (b) if the convicted person starts an appeal, the final decision on the appeal.","sortOrder":129},{"sectionNumber":"sec.120","sectionType":"section","heading":"Warrants issued by court taken to be issued under Justices Act 1886","content":"### sec.120 Warrants issued by court taken to be issued under Justices Act 1886\n\nA warrant for the apprehension of an appellant issued by the court under this chapter is taken to be, for all purposes, a warrant issued by a justice for the apprehension of the person under the Justices Act 1886 .","sortOrder":130},{"sectionNumber":"sec.121","sectionType":"section","heading":"Registrar’s certificate about expenses allowed on appeal or subsequent appeal","content":"### sec.121 Registrar’s certificate about expenses allowed on appeal or subsequent appeal\n\nThe registrar must give to the Crown law officer a certificate certifying the amounts allowed by the registrar under the Code , section 671F for expenses on an appeal or subsequent appeal.\nSubject to the Code , section 671F , a person named in the certificate to whom an amount stated in the certificate is proposed to be paid may ask the court or a judge to review the amount.\nThe request must be written and given to the registrar within 14 days after the day the registrar gives the certificate.\nThe registrar must amend the certificate if directed to do so by the court or judge on the review.\nA person can not appeal against or question in any way—\na certificate for which an application for review has not been made under this rule; or\na certificate that has been amended under subrule (4) .\nA certificate mentioned in subrule (5) (a) or (b) is sufficient authority for the payment to a person named in the certificate of the amount stated in the certificate as payable to the person.\nr 121 amd 2024 SL No. 178 s 53\n(sec.121-ssec.1) The registrar must give to the Crown law officer a certificate certifying the amounts allowed by the registrar under the Code , section 671F for expenses on an appeal or subsequent appeal.\n(sec.121-ssec.2) Subject to the Code , section 671F , a person named in the certificate to whom an amount stated in the certificate is proposed to be paid may ask the court or a judge to review the amount.\n(sec.121-ssec.3) The request must be written and given to the registrar within 14 days after the day the registrar gives the certificate.\n(sec.121-ssec.4) The registrar must amend the certificate if directed to do so by the court or judge on the review.\n(sec.121-ssec.5) A person can not appeal against or question in any way— a certificate for which an application for review has not been made under this rule; or a certificate that has been amended under subrule (4) .\n(sec.121-ssec.6) A certificate mentioned in subrule (5) (a) or (b) is sufficient authority for the payment to a person named in the certificate of the amount stated in the certificate as payable to the person.\n- (a) a certificate for which an application for review has not been made under this rule; or\n- (b) a certificate that has been amended under subrule (4) .","sortOrder":131},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Introductory","content":"# Introductory","sortOrder":132},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Offences against public order","content":"# Offences against public order","sortOrder":133},{"sectionNumber":"sch.3-pt.3","sectionType":"part","heading":"Offences against the administration of law and justice, against office and against public authority","content":"# Offences against the administration of law and justice, against office and against public authority","sortOrder":134},{"sectionNumber":"sch.3-pt.4","sectionType":"part","heading":"Acts injurious to the public in general","content":"# Acts injurious to the public in general","sortOrder":135},{"sectionNumber":"sch.3-pt.5","sectionType":"part","heading":"Offences against the person and relating to marriage and parental rights and duties","content":"# Offences against the person and relating to marriage and parental rights and duties","sortOrder":136},{"sectionNumber":"sch.3-pt.6","sectionType":"part","heading":"Offences relating to property and contracts","content":"# Offences relating to property and contracts","sortOrder":137},{"sectionNumber":"sch.3-pt.7","sectionType":"part","heading":"Preparation to commit offences—conspiracy—accessories after the fact","content":"# Preparation to commit offences—conspiracy—accessories after the fact","sortOrder":138},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Applications","content":"# Applications","sortOrder":139},{"sectionNumber":"sch.5-pt.1-div.363","sectionType":"division","heading":null,"content":"","sortOrder":140},{"sectionNumber":"sch.5-pt.1-div.364","sectionType":"division","heading":null,"content":"","sortOrder":141},{"sectionNumber":"sch.5-pt.1-div.365","sectionType":"division","heading":null,"content":"","sortOrder":142},{"sectionNumber":"sch.5-pt.1-div.366","sectionType":"division","heading":null,"content":"","sortOrder":143},{"sectionNumber":"sch.5-pt.1-div.367","sectionType":"division","heading":null,"content":"","sortOrder":144},{"sectionNumber":"sch.5-pt.1-div.368","sectionType":"division","heading":null,"content":"","sortOrder":145},{"sectionNumber":"sch.5-pt.1-div.369","sectionType":"division","heading":null,"content":"","sortOrder":146},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Orders","content":"# Orders","sortOrder":147},{"sectionNumber":"sch.5-pt.2-div.370","sectionType":"division","heading":null,"content":"","sortOrder":148},{"sectionNumber":"sch.5-pt.3","sectionType":"part","heading":"Informations by private persons","content":"# Informations by private persons","sortOrder":149},{"sectionNumber":"sch.5-pt.3-div.371","sectionType":"division","heading":null,"content":"","sortOrder":150},{"sectionNumber":"sch.5-pt.3-div.372","sectionType":"division","heading":null,"content":"","sortOrder":151},{"sectionNumber":"sch.5-pt.3-div.373","sectionType":"division","heading":null,"content":"","sortOrder":152},{"sectionNumber":"sch.5-pt.3-div.374","sectionType":"division","heading":null,"content":"","sortOrder":153},{"sectionNumber":"sch.5-pt.3-div.375","sectionType":"division","heading":null,"content":"","sortOrder":154},{"sectionNumber":"sch.5-pt.3-div.376","sectionType":"division","heading":null,"content":"","sortOrder":155},{"sectionNumber":"sch.5-pt.3-div.377","sectionType":"division","heading":null,"content":"","sortOrder":156},{"sectionNumber":"sch.5-pt.4","sectionType":"part","heading":"Bench warrants","content":"# Bench warrants","sortOrder":157},{"sectionNumber":"sch.5-pt.4-div.378","sectionType":"division","heading":null,"content":"","sortOrder":158},{"sectionNumber":"sch.5-pt.5","sectionType":"part","heading":"Subpoenas","content":"# Subpoenas","sortOrder":159},{"sectionNumber":"sch.5-pt.5-div.379","sectionType":"division","heading":null,"content":"","sortOrder":160},{"sectionNumber":"sch.5-pt.5-div.380","sectionType":"division","heading":null,"content":"","sortOrder":161},{"sectionNumber":"sch.5-pt.5-div.381","sectionType":"division","heading":null,"content":"","sortOrder":162},{"sectionNumber":"sch.5-pt.6","sectionType":"part","heading":"Forms under criminal appeal rules","content":"# Forms under criminal appeal rules","sortOrder":163},{"sectionNumber":"sch.5-pt.6-div.382","sectionType":"division","heading":null,"content":"","sortOrder":164},{"sectionNumber":"sch.5-pt.6-div.383","sectionType":"division","heading":null,"content":"","sortOrder":165},{"sectionNumber":"sch.5-pt.6-div.384","sectionType":"division","heading":null,"content":"","sortOrder":166},{"sectionNumber":"sch.5-pt.6-div.385","sectionType":"division","heading":null,"content":"","sortOrder":167},{"sectionNumber":"sch.5-pt.6-div.386","sectionType":"division","heading":null,"content":"","sortOrder":168},{"sectionNumber":"sch.5-pt.6-div.387","sectionType":"division","heading":null,"content":"","sortOrder":169},{"sectionNumber":"sch.5-pt.6-div.388","sectionType":"division","heading":null,"content":"","sortOrder":170},{"sectionNumber":"sch.5-pt.6-div.389","sectionType":"division","heading":null,"content":"","sortOrder":171},{"sectionNumber":"sch.5-pt.6-div.390","sectionType":"division","heading":null,"content":"","sortOrder":172},{"sectionNumber":"sch.5-pt.6-div.391","sectionType":"division","heading":null,"content":"","sortOrder":173},{"sectionNumber":"sch.5-pt.6-div.392","sectionType":"division","heading":null,"content":"","sortOrder":174},{"sectionNumber":"sch.5-pt.6-div.393","sectionType":"division","heading":null,"content":"","sortOrder":175},{"sectionNumber":"sch.5-pt.6-div.394","sectionType":"division","heading":null,"content":"","sortOrder":176},{"sectionNumber":"sch.5-pt.6-div.395","sectionType":"division","heading":null,"content":"","sortOrder":177},{"sectionNumber":"sch.5-pt.6-div.396","sectionType":"division","heading":null,"content":"","sortOrder":178},{"sectionNumber":"sch.5-pt.6-div.397","sectionType":"division","heading":null,"content":"","sortOrder":179},{"sectionNumber":"sch.5-pt.6-div.398","sectionType":"division","heading":null,"content":"","sortOrder":180},{"sectionNumber":"sch.5-pt.6-div.399","sectionType":"division","heading":null,"content":"","sortOrder":181},{"sectionNumber":"sch.5-pt.6-div.400","sectionType":"division","heading":null,"content":"","sortOrder":182},{"sectionNumber":"sch.5-pt.7","sectionType":"part","heading":"Other forms","content":"# Other forms","sortOrder":183},{"sectionNumber":"sch.5-pt.7-div.401","sectionType":"division","heading":null,"content":"","sortOrder":184},{"sectionNumber":"sch.5-pt.7-div.402","sectionType":"division","heading":"Application for approval for examination of a person in custody by legally qualified medical practitioner and/or legally qualified dentist","content":"## Application for approval for examination of a person in custody by legally qualified medical practitioner and/or legally qualified dentist","sortOrder":185},{"sectionNumber":"sch.5-pt.7-div.403","sectionType":"division","heading":"Approval for examination of a person in custody by legally qualified medical practitioner or dentist","content":"## Approval for examination of a person in custody by legally qualified medical practitioner or dentist","sortOrder":186},{"sectionNumber":"sch.5-pt.7-div.404","sectionType":"division","heading":null,"content":"","sortOrder":187}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"sec.29-ssec.9","severity":"low","reasoning":"Under sec.29-ssec.2 and sec.29-ssec.5, subpoenas are issued by the court's registrar. Under sec.29-ssec.9, the party must then file a copy back with the registrar. The registrar is both the source of the document and the recipient of a copy of it, creating an administrative absurdity where the office files a copy of what it already produced.","confidence":0.72,"description":"A party obtaining the issue of a subpoena must file a copy of it with the registrar, but the subpoena was already issued by the registrar in the first place. The registrar thus issues the document and then receives a copy of it back."},{"type":"impossible_compliance","section":"sec.29-ssec.10 and sec.29-ssec.11","severity":"low","reasoning":"Where a proceeding is vacated, adjourned indefinitely, or the listing lapses without a formal end date, the 'end of the period during which the proceeding was listed for hearing' is ambiguous or may have no clear endpoint, leaving the proper officer unable to determine when the mandatory return obligation under sec.29-ssec.11 is triggered.","confidence":0.65,"description":"The return obligation under sec.29-ssec.11 is triggered by sec.29-ssec.10(b) 'otherwise—by the end of the period during which the proceeding was listed for hearing', but if the proceeding was never heard, the 'period during which the proceeding was listed for hearing' may be indeterminate or already passed, making the trigger for return impossible to identify with certainty."},{"type":"self_contradicting","section":"sec.30-ssec.5 and sec.31-ssec.2","severity":"medium","reasoning":"When a document is produced under rule 30 and an objection is simultaneously lodged under rule 31, the proper officer faces two conflicting mandatory obligations: sec.30-ssec.5(b) says inspection must be allowed 'if practicable', while sec.31-ssec.2 says no inspection is permitted without court leave. There is no explicit override provision specifying which rule prevails, though the more specific provision (sec.31) would likely be preferred by courts.","confidence":0.78,"description":"Section 30-ssec.5 mandates the proper officer to allow inspection 'if practicable', but sec.31-ssec.2 prohibits the proper officer from allowing anyone to inspect without the court's leave if an objection has been filed. The mandatory duty to inspect (where practicable) and the absolute prohibition on inspection without leave are triggered simultaneously when a document is produced with an objection notice."},{"type":"other","section":"sec.39-ssec.1 and sec.39-ssec.2","severity":"low","reasoning":"The legislation attempts to provide a pathway for direct service on minors over 16 only in exceptional circumstances (no parent/guardian, not apparently in care). For the vast majority of 16-17 year olds, service must go via a parent/guardian with no discretion for the court or serving party to consider the minor's competence, creating a potentially paternalistic and inflexible outcome.","confidence":0.6,"description":"The structure of sec.39 creates a gap for minors aged 16-18 who do have a parent/guardian and are apparently in the care of an adult. Such a minor cannot be served personally under sec.39-ssec.2 (as those conditions are not met), and sec.39-ssec.1 directs service on the parent/guardian. However, this means a 17-year-old who is otherwise legally competent and lives with a parent can never be directly served regardless of their maturity."},{"type":"self_contradicting","section":"sec.40A-ssec.1 and sec.40A-ssec.2","severity":"medium","reasoning":"The rule creates a two-tier system: service by email is permitted as an alternative to personal service, but the consequences of non-compliance cannot be enforced unless actual receipt or actual knowledge is proved. This effectively means email service is not equivalent to personal service in effect, undermining the purpose of providing an email alternative. A recipient could technically be 'served' but face no consequences for non-compliance if the sender cannot prove receipt.","confidence":0.75,"description":"Section 40A permits email service 'despite' personal service rules, but then conditions enforceability on proof of actual receipt or actual knowledge. This creates a situation where email service is legally valid for the purpose of service but potentially unenforceable for compliance, meaning a subpoena can be 'served' but have no legal effect."},{"type":"self_contradicting","section":"sec.54AF-ssec.2(d)","severity":"low","reasoning":"The use of 'and' rather than 'or' between the two examples in sec.54AF(2)(d) creates ambiguity. If read literally, an interpreter could only be disqualified on this ground if they simultaneously have both personal/religious beliefs AND cultural/other circumstances affecting impartiality. Since these are illustrative examples, the 'and' connector is almost certainly a drafting error that should be 'or', but as written creates an unnecessarily narrow disqualification ground.","confidence":0.7,"description":"The rule uses 'and' to connect the two examples in sec.54AF-ssec.2(d)(i) and (ii) ('personal or religious beliefs; and cultural or other circumstances'), suggesting that both conditions must exist simultaneously for disqualification. However, these are listed as examples of reasons an interpreter 'may be unable to fulfil their duty', and logically either alone should suffice."},{"type":"impossible_compliance","section":"sec.54AF-ssec.3","severity":"low","reasoning":"An interpreter who must cease all interpretation immediately and simultaneously disclose the matter to the court faces a practical paradox: disclosure to the court in an ongoing proceeding may itself require the interpreter's participation (especially if the proceeding involves a non-English speaker who requires the interpreter to relay the disclosure). The rule does not resolve how disclosure is to be made once interpretation ceases.","confidence":0.62,"description":"Section 54AF-ssec.3 requires an interpreter who discovers mid-hearing that a disqualifying matter applies to simultaneously cease interpreting AND immediately disclose the matter to the court. These two obligations may be physically impossible to perform simultaneously, as disclosure requires communicating with the court, which itself requires interpreting or speaking directly."},{"type":"other","section":"sec.54AG-ssec.1 and sec.54AF-ssec.1","severity":"low","reasoning":"Section 54AF(1) states what a person 'must not' do unless they meet certain criteria. The prohibition is the flip side of the positive requirements. Section 54AG then grants the court power to allow someone prohibited 'under rule 54AF(1)' to act anyway. The court can essentially waive all the baseline qualification requirements, which undermines the purpose of having mandatory qualification standards.","confidence":0.58,"description":"Section 54AG applies where a person is 'prohibited from acting' under sec.54AF(1), but sec.54AF(1) sets out the requirements to act as an interpreter (not a prohibition). A person who does not meet sec.54AF(1) requirements is prohibited by implication, but the rule frames the leave mechanism as overriding a 'prohibition' that is only implied rather than expressly stated."},{"type":"self_contradicting","section":"sec.54AH-ssec.3 and sec.54AH-ssec.4","severity":"medium","reasoning":"The phrase 'subject to subrule (4)' in sec.54AH-ssec.3(b) qualifies the mandatory duty with a discretionary refusal right. The interpreter alone determines whether sight translation is 'too onerous or difficult'. This creates a situation where a mandatory duty of the interpreter exists but can be defeated by the interpreter's own subjective assessment, with no mechanism for the court to compel performance in the ordinary case (other than a court order under the opening words of sec.54AH-ssec.3).","confidence":0.73,"description":"Section 54AH-ssec.3 imposes a mandatory duty on interpreters to sight translate documents shown to a witness, but sec.54AH-ssec.4 permits the interpreter to refuse if the document would be 'too onerous or difficult'. The interpreter thus has a mandatory duty they can unilaterally waive on subjective grounds of difficulty, creating an effectively optional mandatory obligation."},{"type":"impossible_compliance","section":"sec.73-ssec.5","severity":"high","reasoning":"The text of sec.73-ssec.5 lists two events but the document then transitions to sec.74, which discusses withdrawal. If there are additional events listed in the full text of sec.73-ssec.5 that are omitted from this excerpt, practitioners cannot determine the full scope of when representation is deemed to end. As presented, the provision appears truncated, creating genuine uncertainty about the lawyer's obligations.","confidence":0.68,"description":"Section 73-ssec.5 deems a lawyer who files a notice of appeal to continue acting until the earliest of two events (giving notice of withdrawal or obtaining leave to withdraw), but the provision is incomplete as the text is cut off. This creates an unresolved legislative gap where the conditions for a lawyer ceasing to act may be incomplete."}],"contradictions":[{"severity":"medium","section_a":"sec.30-ssec.5(b)","section_b":"sec.31-ssec.2","confidence":0.8,"description":"Section 30-ssec.5(b) requires the proper officer to allow a party to inspect a document 'if practicable', while sec.31-ssec.2 prohibits the proper officer from allowing anyone to inspect the document if an objection notice has been filed, without court leave. When a document is produced with a simultaneous objection notice, these provisions directly conflict."},{"severity":"medium","section_a":"sec.29-ssec.6","section_b":"sec.30-ssec.5(b)","confidence":0.72,"description":"Section 29-ssec.6 prohibits the proper officer from allowing anyone to inspect a document produced under sec.29-ssec.5 'other than as directed by the court'. Section 30-ssec.5(b) requires the proper officer to allow inspection 'if practicable' without any requirement for a court direction. Documents that could fall under either rule (e.g., medical records produced in response to a sec.29-ssec.5 subpoena) would be subject to contradictory inspection regimes."},{"severity":"low","section_a":"sec.29-ssec.11","section_b":"sec.30-ssec.6","confidence":0.65,"description":"Section 29-ssec.11 requires the proper officer to return documents 'as soon as practicable' after the end of the hearing or listing period. Section 30-ssec.6 requires return 'at the end of the hearing' or 'at the end of the period in which the matter was listed for hearing', with no 'as soon as practicable' qualifier. Rule 30 imposes an immediate return obligation at the moment the hearing ends, while rule 29 allows a more flexible timeframe. For documents that could be characterised as produced under either rule, this creates inconsistency."},{"severity":"low","section_a":"sec.54AF-ssec.1(a)","section_b":"sec.54AG-ssec.2(a)","confidence":0.6,"description":"Section 54AF-ssec.1(a) requires an interpreter to be certified/registered by a recognised agency OR satisfy the court of their qualification. Section 54AG-ssec.2(a) grants the court leave to allow a prohibited person to act based on 'specialised knowledge based on training, study or experience'. The leave mechanism in sec.54AG effectively replicates the alternative qualification pathway already available under sec.54AF(1)(a), making it unclear when sec.54AG is actually needed for persons failing only the certification requirement."},{"severity":"medium","section_a":"sec.54AI-ssec.3","section_b":"sec.54AF-ssec.1(b)","confidence":0.7,"description":"Section 54AF-ssec.1(b) requires an interpreter to have 'read and agreed to comply with the code of conduct' as a precondition to acting. Section 54AI-ssec.3 states a witness may not give evidence using an interpreter unless the court is satisfied the interpreter has read and agreed to the code of conduct. These provisions are duplicative, but sec.54AI-ssec.4 states sec.54AI subrules (1)-(3) apply subject to rule 54AG. This means the court can grant leave under sec.54AG to an interpreter who has not read the code of conduct, potentially bypassing the sec.54AF(1)(b) requirement, while it remains unclear whether the sec.54AF prohibition itself is also overridden."},{"severity":"low","section_a":"sec.35-ssec.1","section_b":"sec.35-ssec.2","confidence":0.58,"description":"Section 35-ssec.1 conditions compliance with a subpoena on travel expenses being tendered or travel arrangements being made. Section 35-ssec.2 disapplies sec.35-ssec.1 if 'the person on whom the subpoena must be served' notifies the serving party they do not require assistance. The notification condition references 'the person on whom the subpoena must be served' rather than 'the person served with the subpoena', creating ambiguity about whether a person who has been served (past tense) can still invoke the exemption, or whether the notification must precede service."},{"severity":"low","section_a":"sec.39-ssec.1","section_b":"sec.39-ssec.2","confidence":0.63,"description":"Section 39-ssec.1 (subject to sec.39-ssec.2) requires service on a minor's parent/guardian. Section 39-ssec.2 permits direct service on a minor over 16 only if the minor has no parent/guardian or is not apparently in adult care. However, sec.39-ssec.1 is expressly 'subject to subrule (2)', yet sec.39-ssec.2 uses the permissive 'may serve' rather than 'must serve'. This creates ambiguity: where a minor over 16 satisfies the sec.39-ssec.2 conditions, is service on the parent/guardian still valid under sec.39-ssec.1, or does sec.39-ssec.2 require direct service on the minor? The interaction between the mandatory rule and the permissive exception is unresolved."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1999 rules focused primarily on standard criminal trial procedure including subpoenas and appeals. Over time, the scope has expanded significantly to include: Trans-Tasman cross-border proceedings (added 2013), email service of subpoenas (2018), and a substantial new interpreter regime with codes of conduct and formal qualification requirements (2024), as well as the new 'subsequent appeal' pathway based on fresh or new and compelling evidence (2024). These additions go well beyond the original procedural framework and reflect major policy expansions in access to justice and international cooperation."},"complexity_factors":["Multiple distinct procedural regimes in one instrument (subpoenas, evidence, interpreters, appeals, Trans-Tasman proceedings)","Cross-references to numerous other statutes (Criminal Code, Evidence Act 1977, Trans-Tasman Proceedings Act 2010, Acts Interpretation Act 1954, District Court of Queensland Act 1967, Sale of Goods Act 1896)","Layered subrule structures with conditional applicability (e.g., rules apply only 'if' certain circumstances exist, subject to other subrules or court orders)","Technical legal processes (e.g., 'certificate of noncompliance', 'notice of application for leave to make a subsequent appeal', 'fresh and compelling evidence' standard)","Interpreter rules introduce specialised terminology and multi-step qualification/conflict-of-interest framework","Multiple categories of persons with different service requirements (individuals, corporations, minors, intellectually impaired persons) with nested exceptions","International dimension via Trans-Tasman regime with its own procedural overlay","Frequent amendments (2000, 2012, 2013, 2018, 2023, 2024, 2025) creating version-tracking complexity","Distinction between appeals and 'subsequent appeals' (a relatively new and nuanced category)"],"plain_english_summary":"The Criminal Practice Rules 1999 set the procedural \"rulebook\" for criminal proceedings in Queensland, governing how subpoenas, service, evidence, interpreters, appeals and cross‑Tasman witness requests are handled. They affect accused people, prosecutors, witnesses, lawyers, interpreters, corporations and agencies.\n\nWhy it matters: the Rules decide who must attend or produce evidence, how non‑English speakers get fair access, how appeals are lodged or extended, and how New Zealand witnesses can be compelled — procedural mistakes can derail prosecutions or appeals."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"No change of scope is evident within the provided text. The rules consistently govern subpoenas, service, handling of particular records, interpreter standards and appellate administration for criminal proceedings as set out in the chapters and parts supplied."},"complexity_factors":["Wide subject range: subpoenas, service rules, evidence handling, interpreters, appeals procedures and Trans‑Tasman processes (multiple Parts and Chapters, e.g. rules 29–40, 52–54, 58A–58H, 64–121).","Cross‑statutory references and dependencies: frequent reliance on the Code, Evidence Act 1977 and the Trans‑Tasman Proceedings Act (see rules 54AE, 58A–58H, and various rules citing the Code).","Discretionary judicial powers: courts may grant leave, direct disclosure, order waiver of fees, permit non‑standard interpreters, and give procedural directions (eg. rules 29(2A), 54AG, 54AL, 97B(3)).","Operational/admin detail for court officers: registrar duties for issuing, filing, notifying, preparing record books and certifying expenses create administrative workflows (eg. rules 29(9), 67–68, 97–97B, 121).","Cost‑allocation and who‑pays rules increase compliance burden: travel expenses for subpoenaed witnesses must be tendered or provided (rule 35); courts or parties bear interpreter costs depending on status (rules 54AD(3), 54AE(3)); fees for record books and copies subject to waivers (rule 97B).","Evidence handling and confidentiality constraints: special handling, inspection limits and return of sensitive records (medical, hospital, government) with court control and sealing requirements (rules 30–31, 32, 95).","International and remote processes: formal requirements for serving subpoenas in New Zealand and for remote appearances by audio/ audiovisual link add procedural steps and evidentiary proof requirements (rules 58E–58H, 40A).","Qualification and conduct standards for interpreters: certification, oath, code of conduct, duties and removal/leave mechanisms create legal and practical compliance obligations (rules 54AB, 54AF–54AI, 54AL)."],"plain_english_summary":"These Rules set out detailed courtroom procedures for criminal matters: how subpoenas are issued and served (including cross‑border New Zealand service), how medical, hospital and government records are produced and protected, standards and duties for interpreters, and how appeals and subsequent appeals are started, managed and recorded. \n\nThey specify who must pay or arrange travel and interpreter costs, when court leave is required, and the administrative duties of registrars and judges. The rules affect prosecutors, accused persons, witnesses, interpreters, lawyers and court officers."},"kimi_summary":{"_metrics":{"completionTokens":1226},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1999 scope. Major additions include: comprehensive interpreter rules (2024), email service provisions (2018), Trans-Tasman proceedings framework (2013), subsequent appeals based on fresh evidence (2024), and detailed remote appearance procedures. The original subpoena and appeal rules have been supplemented with extensive human rights protections (interpreter standards, special provisions for vulnerable persons) and international cooperation mechanisms."},"complexity_factors":["Multiple overlapping chapters with cross-references between rules (e.g., Rule 29 references Rule 66A, Rule 30 references Rule 57A)","Extensive defined terms and specialised definitions (e.g., 'fresh and compelling evidence', 'subsequent appeal', 'intellectually impaired person', 'proper officer')","Nested conditional logic with multiple exceptions (e.g., service rules vary by recipient type: individual, corporation, minor, intellectually impaired person)","Frequent amendments noted throughout (2018, 2023, 2024) creating layered legislative history","Detailed procedural requirements with multiple steps (e.g., Rule 58E requires 9 specific affidavit elements for Trans-Tasman subpoenas)","New 2024 interpreter provisions (Rules 54AA–54AL) add substantial regulatory burden with code of conduct requirements","Cross-references to external legislation including Criminal Code, Justices Act 1886, Evidence Act 1977, and Commonwealth Trans-Tasman Proceedings Act"],"plain_english_summary":"These are the **Criminal Practice Rules 1999** (Queensland), which set out the procedural rules for criminal cases in Queensland courts. The legislation covers several key areas:\n\n**Subpoenas (Rules 29–35)**\n- **What it does**: Governs how courts can order people to attend court to give evidence or produce documents. A subpoena is a formal court order requiring someone to appear or provide materials.\n- **Who it affects**: Prosecutors, accused persons, witnesses, and anyone holding relevant documents.\n- **Key points**: \n  - Parties can issue subpoenas through the court registrar once someone is committed for trial or an indictment is presented.\n  - Special rules apply for medical, hospital and government records (Rule 30) — these can be produced in sealed envelopes.\n  - People can object to their records being inspected or copied (Rule 31).\n  - Prosecutors must give advance notice and free copies if they intend to use such documents as evidence (Rule 32).\n  - People served with subpoenas can apply to have them set aside or narrowed (Rule 33), and may claim costs if successful (Rule 34).\n  - Witnesses must have reasonable travel expenses paid or travel arrangements made (Rule 35).\n\n**Service of Subpoenas (Rules 36–40A)**\n- **What it does**: Sets out how subpoenas must be delivered to different types of people.\n- **Key points**: \n  - Individuals must be served personally (Rule 37).\n  - Corporations are served at their head office (Rule 38).\n  - Minors are served through parents/guardians, with exceptions for those over 16 (Rule 39).\n  - Intellectually impaired persons are served through their carers (Rule 40).\n  - Email service is now permitted in some circumstances (Rule 40A, added 2018).\n\n**Evidence and Interpreters (Rules 52–54AL)**\n- **What it does**: Allows courts to receive evidence by telephone or video link, and establishes comprehensive rules for interpreters.\n- **Key points**: \n  - Courts can direct remote evidence-taking (Rule 53).\n  - **Interpreters** (Rules 54AA–54AL, added 2024): Detailed rules ensure interpreters are qualified, impartial, and follow a code of conduct. Interpreters owe their primary duty to the court, not to any party. The court controls interpreter selection and can give directions on cultural sensitivity, security, and practical arrangements.\n\n**Trans-Tasman Proceedings (Rules 58A–58H)**\n- **What it does**: Facilitates criminal proceedings between Australia and New Zealand under the *Trans-Tasman Proceedings Act 2010* (Cth).\n- **Key points**: Covers applications for leave to serve subpoenas in New Zealand, setting aside New Zealand subpoenas, certificates of noncompliance, and remote appearances by audio or video link.\n\n**Criminal Appeals (Rules 63–121)**\n- **What it does**: Governs appeals from criminal convictions and sentences to the Court of Appeal.\n- **Key points**: \n  - **Starting appeals**: Detailed procedures for filing notices of appeal, applications for leave to appeal, and subsequent appeals based on fresh and compelling evidence (Rules 65–66A, with significant 2024 amendments).\n  - **Registrar's duties**: Preparing appeal record books, giving notice to parties, and obtaining trial judge comments (Rules 67, 93–97A).\n  - **Lawyers' obligations**: Rules about acting for and withdrawing from representing convicted persons (Rules 73–74).\n  - **Appellants in custody**: Special provisions for prisoners filing documents and attending hearings (Rules 75–77, 107).\n  - **Evidence on appeal**: Procedures for adducing fresh evidence and examining witnesses (Rules 108–114).\n  - **Final decisions**: Notification requirements and handling of exhibits (Rules 100, 116–117).\n\n**Why it matters**: These rules ensure criminal trials and appeals run fairly and efficiently, protect the rights of accused persons and witnesses, facilitate international cooperation with New Zealand, and ensure language barriers don't prevent justice."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/criminal-practice-rules-1999","history":"/api/acts/criminal-practice-rules-1999/history","analysis":"/api/acts/criminal-practice-rules-1999/analysis","conflicts":"/api/acts/criminal-practice-rules-1999/conflicts","importantCases":"/api/acts/criminal-practice-rules-1999/important-cases","documents":"/api/acts/criminal-practice-rules-1999/documents"}}