General

sec.29 Subpoenas

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. 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. 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. 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. 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. 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. 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. 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) . The application may be decided by hearing only the applicant, unless the court decides otherwise. 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. A party obtaining the issue of a subpoena under this rule must file a copy of it with the registrar. 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. The proper officer must, as soon as practicable, return the document or thing to the person required to produce it. r 29 amd 2018 SL No. 127 s 16 ; 2024 SL No. 178 s 4 (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. (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. (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. (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. (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. (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. (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. (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) . (sec.29-ssec.8) The application may be decided by hearing only the applicant, unless the court decides otherwise. (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. (sec.29-ssec.9) A party obtaining the issue of a subpoena under this rule must file a copy of it with the registrar. (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. (sec.29-ssec.11) The proper officer must, as soon as practicable, return the document or thing to the person required to produce it.

• (a) a person is committed to be tried before a court; or
• (b) an indictment is presented against a person before a court; or
• (c) a person starts an appeal to a court; or
• (d) a person files an application for leave to make a subsequent appeal under rule 66A, or starts a subsequent appeal.
• (a) give evidence;
• (b) produce a document or thing to the court.
• (a) on a particular day and at a particular time; or
• (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.
• (a) inspect a document or thing produced under subrule (5) ; or
• (b) copy a document produced under subrule (5) .
• (a) for an application under subrule (7) (a) —inspect the document or thing; or
• (b) for an application under subrule (7) (b) —copy the document.
• (a) if the proceeding for which it was produced is heard—by the end of the hearing; or
• (b) otherwise—by the end of the period during which the proceeding was listed for hearing.

sec.30 Medical, hospital and government records

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. 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. The person must attach a copy of the subpoena to the document or envelope. If the person asks the proper officer for a receipt for the document, the proper officer must give it to the person. 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. 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. r 30 amd 2000 SL No. 203 s 8 ; 2018 SL No. 127 s 17 ; 2024 SL No. 178 s 5 (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. (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. (sec.30-ssec.3) The person must attach a copy of the subpoena to the document or envelope. (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. (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. (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.

• (a) a medical record;
• (b) a hospital record;
• (c) a record of a government department, or a statutory authority, of the Commonwealth or a State.
• (a) keep the document in a safe place; and
• (b) if practicable, allow a party to inspect the document at the registry free of charge; and
• (c) if practicable, give a copy of the document to a party on payment of the fee prescribed by regulation; and
• (d) produce the document to the court as directed by the court.
• (a) at the end of the hearing of the proceeding for which it was produced; or
• (b) if the matter was not heard, at the end of the period in which the matter was listed for hearing.

sec.31 Objecting to inspecting or copying medical, hospital and government records

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. 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. (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. (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.

• (a) objecting to the document or a stated part of it being inspected or copied; and
• (b) stating the grounds for the objection.
• (a) allow anyone to inspect the document or part; or
• (b) give a copy of the document or part to anyone.

sec.32 Prosecutor’s obligations when document to be admitted in evidence

This rule applies if the prosecutor intends to have a document produced under rule 30 admitted into evidence. 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. (sec.32-ssec.1) This rule applies if the prosecutor intends to have a document produced under rule 30 admitted into evidence. (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.

• (a) notice of the prosecutor’s intention; and
• (b) a copy of the document free of charge.

sec.33 Setting aside or narrowing subpoena

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. The applicant must serve a copy of the application on the party who served the subpoena. (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. (sec.33-ssec.2) The applicant must serve a copy of the application on the party who served the subpoena.

• (a) setting aside the subpoena; or
• (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.

sec.34 Applying for costs

This rule applies if a subpoena is set aside or narrowed under rule 33 . 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. (sec.34-ssec.1) This rule applies if a subpoena is set aside or narrowed under rule 33 . (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.

• (a) the party who served the subpoena; or
• (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.

sec.35 Travelling expenses

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. 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. r 35 sub 2018 SL No. 127 s 18 (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. (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.

• (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
• (i) when the subpoena is served; or
• (ii) within a reasonable time before attendance under the subpoena is required; or
• (b) other reasonable travel arrangements are made by, and at the cost of, the party who served the subpoena.
• (i) when the subpoena is served; or
• (ii) within a reasonable time before attendance under the subpoena is required; or

Service

sec.36 Application of pt 2

This part applies subject to a court order made under these rules. The Acts Interpretation Act 1954 , section 39 also contains provisions about service that apply subject to a contrary intention.

sec.37 Service—individuals

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. 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. The person need not show the original of the subpoena to the individual. r 37 amd 2025 SL No. 157 s 4 (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. (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. (sec.37-ssec.3) The person need not show the original of the subpoena to the individual.

sec.38 Service—corporations

A 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. A corporation includes a body politic or corporate— Acts Interpretation Act 1954 , schedule 1. r 38 amd 2023 Act No. 23 s 247 sch 1 s 5

sec.39 Service—minors

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. 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. r 39 amd 2023 Act No. 23 s 247 sch 1 s 5 (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. (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.

• (a) the minor’s parent or guardian; or
• (b) if there is no parent or guardian, an adult who has the care of the minor or with whom the minor lives.
• (a) does not have a parent or guardian; or
• (b) is not apparently in the care of an adult or does not apparently live with an adult.

sec.40 Service—intellectually impaired persons

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. 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. (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. (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.

• (a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of the impairments; and
• (b) results in— (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and (ii) the person needing support.
• (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and
• (ii) the person needing support.
• (i) a substantial reduction of the person’s capacity for communication, social interaction or learning; and
• (ii) the person needing support.

sec.40A Service by email

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. 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. 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. r 40A ins 2018 SL No. 127 s 19 (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. (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. (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.

• (a) if the subpoena was issued electronically—the subpoena being emailed to the person; or
• (b) if the subpoena was issued in any other way—an imaged copy of the subpoena being emailed to the person.
• (a) the subpoena, or an imaged copy of the subpoena, has been received by the person on whom the subpoena must be served; or
• (b) the person on whom the subpoena must be served has actual knowledge of the subpoena.

General

sec.52 Application of part

This part applies to a proceeding for an offence before the Supreme Court, the District Court or a Magistrates Court (the court ). Rule 53 applies also to the Court of Appeal. 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. r 52 amd 2024 SL No. 56 s 5 (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 ). (sec.52-ssec.2) Rule 53 applies also to the Court of Appeal. (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.

• (a) a proceeding in which a person is to be sentenced; and
• (b) for a Magistrates Court, a committal proceeding.

sec.53 Evidence by telephone, video link or another form of communication

The court may decide to receive evidence or submissions by telephone, video link or another form of communication in a proceeding.

sec.54 Evidence to be produced at appeal

The 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.

Interpreters

sec.54AA Main purposes of part

The main purposes of this part are— to ensure the court has control over the giving of evidence that is interpreted, translated or sight translated into English; and 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. r 54AA ins 2024 SL No. 56 s 6

• (a) to ensure the court has control over the giving of evidence that is interpreted, translated or sight translated into English; and
• (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.

sec.54AB Definitions

In this part— accurately , in relation to interpreting, translating or sight translating, means— resulting in the optimal and complete transfer of the meaning of the other language into English and of English into the other language; and 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. code of conduct means the code of conduct for interpreters set out in schedule 5A. interpret 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. other language means a spoken or signed language other than English. recognised agency means— the National Accreditation Authority for Translators and Interpreters (NAATI); or another entity approved by the Chief Justice to be a recognised agency for the purposes of this part. sight translate means to carry out the process by which an interpreter or translator presents a spoken or signed interpretation of a written text. translate 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. r 54AB ins 2024 SL No. 56 s 6

• (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
• (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.
• (a) the National Accreditation Authority for Translators and Interpreters (NAATI); or
• (b) another entity approved by the Chief Justice to be a recognised agency for the purposes of this part.

sec.54AC Proceedings to be conducted in English

Subject to this part, proceedings are to be conducted in English. r 54AC ins 2024 SL No. 56 s 6

sec.54AD When interpreter must be provided for accused person

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. The court must ensure the accused person is provided with an interpreter. If an interpreter is provided under subrule (2), the court is responsible for engaging and bearing the costs of the interpreter. r 54AD ins 2024 SL No. 56 s 6 (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. (sec.54AD-ssec.2) The court must ensure the accused person is provided with an interpreter. (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.

• (a) understand and participate in the proceeding; or
• (b) understand, and make adequate reply to, questions that may be put to the accused person in the proceeding.

sec.54AE When interpreter is required by witness

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. 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. 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. r 54AE ins 2024 SL No. 56 s 6 (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. (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. (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.

• (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
• (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.

sec.54AF Who may act as interpreter generally

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. 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. 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. r 54AF ins 2024 SL No. 56 s 6 (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. (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. (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.

• (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
• (b) has read and agreed to comply with the code of conduct; and
• (c) takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability.
• (a) is or may become a party to, or witness in, the proceeding (other than as an interpreter); or
• (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
• (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
• (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
• (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.
• (i) personal or religious beliefs; and
• (ii) cultural or other circumstances.
• (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
• (i) personal or religious beliefs; and
• (ii) cultural or other circumstances.
• (a) cease to act as an interpreter in the proceeding; and
• (b) immediately disclose the matter to the court.

sec.54AG Granting leave for person to act, or continue to act, as interpreter

This rule applies if a person is prohibited from acting, or continuing to act, as an interpreter under rule 54AF(1), (2) or (3). 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. r 54AG ins 2024 SL No. 56 s 6 (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). (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.

• (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
• (b) the person takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability; and
• (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
• (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
• (d) the court directs that the evidence and interpretation be sound recorded for spoken languages or video recorded for signed languages; and
• (e) the person is an adult.
• (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

sec.54AH Duties of interpreter

An interpreter owes a paramount duty to the court to be accurate to the best of the interpreter’s ability and impartial. 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). 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. 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. 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. r 54AH ins 2024 SL No. 56 s 6 (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. (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). (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. (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. (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.

• (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
• (b) subject to subrule (4), sight translate, whether before or during the course of a witness’s evidence, documents shown to the witness.
• (a) the interpreter considers that the interpreter is not competent to do so; or
• (b) sight translating the document would be too onerous or difficult because of the length or complexity of the text.
• (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
• (b) sight translating documents in connection with the proceeding from English into the other language and from the other language into English.

sec.54AI Code of conduct for interpreters

An interpreter must comply with the code of conduct. 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. 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. Subrules (1) to (3) apply subject to rule 54AG. r 54AI ins 2024 SL No. 56 s 6 (sec.54AI-ssec.1) An interpreter must comply with the code of conduct. (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. (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. (sec.54AI-ssec.4) Subrules (1) to (3) apply subject to rule 54AG.

• (a) if the interpreter is engaged by a party—the party; or
• (b) if the interpreter is engaged by the court—the court.

sec.54AJ Translated evidence

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. 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. 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. r 54AJ ins 2024 SL No. 56 s 6 (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. (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. (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.

• (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
• (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
• (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.
• (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.
• (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
• (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.

sec.54AK Court may request correction etc. of interpretation, translation or sight translation

The 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. r 54AK ins 2024 SL No. 56 s 6

sec.54AL Court may give directions in relation to interpreters

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. Subrule (1) does not limit the generality of the court’s power to control its own procedures. r 54AL ins 2024 SL No. 56 s 6 (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. (sec.54AL-ssec.2) Subrule (1) does not limit the generality of the court’s power to control its own procedures.

• (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;
• (i) gender; and
• (ii) age; and
• (iii) ethnic, cultural or social background;
• (b) the number of interpreters required in the proceeding and whether relay interpreting should be used;
• (c) establishing the expertise of an interpreter;
• (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;
• (e) the steps to be taken before an order under rule 54AG is made;
• (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;
• (i) the indictment or charge sheet; and
• (ii) affidavits and statements; and
• (iii) lists of witnesses; and
• (iv) other documents;
• (g) when, and in what circumstances and under what conditions (if any), the information mentioned in paragraph (f) may be provided;
• (h) whether an interpreter is to interpret a witness’s evidence consecutively, simultaneously or in some other way;
• (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;
• (j) the length of time for which an interpreter should interpret during a hearing without a break;
• (k) security for an interpreter, including, if necessary, arrangements to preserve the anonymity of the interpreter;
• (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;
• (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) the payment of interpreters;
• (o) any other direction the court considers appropriate.
• (i) gender; and
• (ii) age; and
• (iii) ethnic, cultural or social background;
• (i) the indictment or charge sheet; and
• (ii) affidavits and statements; and
• (iii) lists of witnesses; and
• (iv) other documents;

Preliminary

sec.58A Definition for ch 13A

In this chapter— Trans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 (Cwlth) . r 58A ins 2013 SL No. 97 s 4

sec.58B Interpretation

Words 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. The following words and expressions are defined in the Trans-Tasman Proceedings Act , section 4 — audio link audiovisual link document given party proceeding. r 58B ins 2013 SL No. 97 s 4

• • audio link
• • audiovisual link
• • document
• • given
• • party
• • proceeding.

sec.58C Application of ch 13A

This chapter applies to criminal proceedings to which the Trans-Tasman Proceedings Act applies. r 58C ins 2013 SL No. 97 s 4

Applications

sec.58D Applications in proceeding under Trans-Tasman Proceedings Act

This rule applies to a proceeding that has already started. 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. 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 (sec.58D-ssec.1) This rule applies to a proceeding that has already started. (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. (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

Subpoenas

sec.58E Application for leave to serve subpoena in New Zealand

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. 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. 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 (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. (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. (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

• (a) a copy of the subpoena in relation to which leave is sought; and
• (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) .
• (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) .
• (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) .
• 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.
• 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.

sec.58F Application to set aside subpoena

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. 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 (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. (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

• (a) a copy of the subpoena; and
• (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.
• (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.
• (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.

sec.58G Application for issue of certificate of noncompliance with subpoena

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 ). 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. 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 (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 ). (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. (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

• (a) if the proceeding in which the subpoena is issued is before the court—orally to the court; or
• (b) by filing the application.
• (a) a copy of the subpoena; and
• (b) a copy of the order giving leave to serve the subpoena; and
• (c) an affidavit of service of the subpoena; and
• (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.
• (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.
• (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.

Remote appearances

sec.58H Application for order for use of audio link or audiovisual link

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. Subrule (1) does not apply to a request mentioned in rule 58F (2) (b) (ii) . r 58H ins 2013 SL No. 97 s 4 (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. (sec.58H-ssec.2) Subrule (1) does not apply to a request mentioned in rule 58F (2) (b) (ii) .

Preliminary

sec.63 Definitions for ch 15

In this chapter— court means the Court of Appeal. judge means a judge of appeal.

Appeals and subsequent appeals by convicted persons

Starting appeals

sec.64 Application of div 1

This division does not apply to appeals by persons under the District Court of Queensland Act 1967 , section 118 . r 64 amd 2012 SL No. 150 s 57 ; 2024 SL No. 178 s 10

sec.65 Application for leave to appeal

An applicant for leave to appeal must file a notice of application for leave to appeal with the registrar. The notice must— be signed by the applicant or the applicant’s lawyer; and state, briefly and precisely, the grounds of the appeal. 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. 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 . r 65 amd 2024 SL No. 178 s 11 (sec.65-ssec.1) An applicant for leave to appeal must file a notice of application for leave to appeal with the registrar. (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. (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. (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 .

• (a) be signed by the applicant or the applicant’s lawyer; and
• (b) state, briefly and precisely, the grounds of the appeal.
• (a) a notice of application for extension of time for filing the notice of application for leave to appeal; and
• (b) an affidavit setting out the evidence in support of the application.

sec.66 How to start appeal

A person starts an appeal by filing a notice of appeal with the registrar. 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. 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. r 66 amd 2024 SL No. 178 s 12 (sec.66-ssec.1) A person starts an appeal by filing a notice of appeal with the registrar. (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. (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.

• (a) be signed by the person or the person’s lawyer; and
• (b) state, briefly and precisely, the grounds of the appeal; and
• (c) for an appeal on a trial judge’s certificate given under the Code , section 668D (1) (b) , have the certificate fixed to it.
• (a) a notice of application for extension of time for filing the notice of appeal; and
• (b) an affidavit setting out the evidence in support of the application.

Starting subsequent appeals

sec.66A Application for leave to make subsequent appeal

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. 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. 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). In this rule— fresh and compelling evidence see the Code , section 671AB. new and compelling evidence see the Code , section 671AB. r 66A ins 2024 SL No. 178 s 13 (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. (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. (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). (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.

• (a) be signed by the applicant or the applicant’s lawyer; and
• (b) state, briefly and precisely, the grounds of the subsequent appeal; and
• (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.
• (a) the applicant is taken to have started a subsequent appeal; and
• (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).

Registrar’s powers and obligations

sec.67 Registrar to give respondent copies of particular documents

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). 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). r 67 amd 2024 SL No. 178 s 14 (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). (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).

• (a) the notice of appeal;
• (b) the notice of application for leave to appeal;
• (c) a notice of application for extension of time for filing a notice mentioned in paragraph (a) or (b) ;
• (d) any affidavit filed under rule 65(3)(b) or 66(3)(b).
• (a) the notice of application for leave to make a subsequent appeal;
• (b) the affidavit accompanying the notice under rule 66A(2)(c).

sec.68 Registrar to give interested persons notice about appeal

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) . 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. 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. r 68 amd 2024 SL No. 178 s 15 (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) . (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. (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.

• (a) an order for— (i) the restitution of property; or (ii) the payment of compensation to an aggrieved person;
• (i) the restitution of property; or
• (ii) the payment of compensation to an aggrieved person;
• (b) the operation of the Sale of Goods Act 1896 , section 26 (1) .
• (i) the restitution of property; or
• (ii) the payment of compensation to an aggrieved person;
• (a) a person in whose favour the order is made; or
• (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.

General provisions preliminary to hearing appeal or subsequent appeal

sec.69 Abandoning applications

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. The applicant, at any time after filing the application, may abandon it by giving to the registrar a notice of abandonment of application. The application is taken to be refused by the court when the notice of abandonment is given to the registrar. However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application. 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. r 69 amd 2024 SL No. 178 s 17 (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. (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. (sec.69-ssec.3) The application is taken to be refused by the court when the notice of abandonment is given to the registrar. (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. (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.

• (a) for leave to appeal; or
• (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
• (c) for leave to make a subsequent appeal.

sec.70 Abandoning appeal or subsequent appeal

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. The appeal or subsequent appeal is taken to be dismissed by the court when the notice is given to the registrar. 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. r 70 amd 2024 SL No. 178 s 18 (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. (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. (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.

sec.71 Trial judge’s directions etc. about revesting or restitution of property on conviction

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. 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. (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. (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.

• (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
• (i) an order for the restitution of property;
• (ii) the Sale of Goods Act 1896 , section 26 (1) ; and
• (b) considers the property, or a sample, portion or copy of it is reasonably necessary for the hearing of an appeal.
• (i) an order for the restitution of property;
• (ii) the Sale of Goods Act 1896 , section 26 (1) ; and

sec.72 Certificate of conviction

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. 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. 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. r 72 amd 2024 SL No. 178 s 19 (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. (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. (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.

• (a) the appeal period for the offence has ended; and
• (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.
• (a) the final decision on the appeal, subsequent appeal or application has been given; or
• (b) the appeal, subsequent appeal or application has been abandoned.

sec.73 Lawyer acting for convicted person

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. 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. The notice must state the lawyer’s— address for service; and telephone and facsimile number; and email address, if any. 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. 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) . r 73 amd 2024 SL No. 178 s 20 (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. (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. (sec.73-ssec.3) The notice must state the lawyer’s— address for service; and telephone and facsimile number; and email address, if any. (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. (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) .

• (a) an appeal or subsequent appeal;
• (b) an application for leave to appeal or application for leave to make a subsequent appeal.
• (a) give written notice that the lawyer acts for the convicted person to the registrar of the court; and
• (b) give a copy of the notice to the respondent.
• (a) address for service; and
• (b) telephone and facsimile number; and
• (c) email address, if any.
• (a) no later than 14 days before the day the proceeding is set down for hearing (the hearing day ); or
• (b) if the hearing day is sooner than the 14 days, as soon as possible.
• (a) the lawyer gives a notice to the registrar under rule 74 (1) ;
• (b) the lawyer is given the court’s leave to withdraw from acting for the convicted person under rule 74 (2) .

sec.74 Lawyer withdrawing from acting for convicted person

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. 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. 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. r 74 amd 2024 SL No. 178 s 21 (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. (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. (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.

• (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
• (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.
• (i) the respondent;
• (ii) the convicted person.
• (i) the respondent;
• (ii) the convicted person.
• (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
• (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
• (i) the respondent; and
• (ii) if the lawyer knows the convicted person’s current address, the convicted person; and
• (c) obtaining the court’s leave to withdraw from acting for the convicted person in the proceeding.
• (i) the respondent; and
• (ii) if the lawyer knows the convicted person’s current address, the convicted person; and
• (a) no later than 14 days before the day the proceeding is set down for hearing (the hearing day ); or
• (b) if the hearing day is sooner than the 14 days, as soon as possible.

Presence of appellant at hearings

sec.75 Application for leave to be present

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. 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. 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. 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. 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. r 75 sub 2018 SL No. 127 s 27 ; 2024 SL No. 178 s 23 (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. (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. (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. (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. (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.

• (a) an appeal on some ground involving a question of law alone;
• (b) an application for leave to appeal or leave to make a subsequent appeal;
• (c) a proceeding preliminary or incidental to an appeal or subsequent appeal.
• (a) why the appellant wishes to be present at the hearing of the relevant proceeding; and
• (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.
• (a) for an appeal on some ground involving a question of law alone—the notice of appeal; or
• (b) for another appeal—the notice of application for leave to appeal; or
• (c) for a subsequent appeal—the notice of application for leave to make a subsequent appeal.

sec.76 Appellant on bail

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. In this rule— leave application means— an application for leave to appeal; or an application for leave to make a subsequent appeal. r 76 amd 2024 SL No. 178 s 24 (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. (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.

• (a) consider the appeal, subsequent appeal or leave application in the appellant’s absence;
• (b) decline to consider the appeal, subsequent appeal or leave application;
• (c) summarily dismiss the appeal, subsequent appeal or leave application;
• (d) make another order the court considers appropriate;
• (e) issue a warrant for the appellant’s apprehension.
• (a) an application for leave to appeal; or
• (b) an application for leave to make a subsequent appeal.

sec.77 Appellant in custody

This rule applies in relation to an appellant who is not represented by a lawyer and is in custody. If the appellant is in prison, the prison’s general manager must give to the registrar written notice that the appellant is in prison. 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. 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. r 77 amd 2024 SL No. 178 s 25 (sec.77-ssec.1) This rule applies in relation to an appellant who is not represented by a lawyer and is in custody. (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. (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. (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.

Provisions about particular orders made when appeal or subsequent appeal upheld

sec.78 Registrar to give notice of particular orders

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. 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. 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. 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. r 78 amd 2024 SL No. 178 s 27 (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. (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. (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. (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.

• (a) an order staying execution of an order quashing an appellant’s conviction;
• (b) an order for the appellant’s detention or return to the appellant’s former custody;
• (c) an order giving bail to the appellant.
• (a) the appellant;
• (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.
• (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.
• (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.
• (a) the immediate execution of the original order quashing the conviction; and
• (b) the appellant’s immediate release; and
• (c) the payment of compensation to the appellant as the court or judge considers appropriate.

sec.79 Crown law officer may be heard on application for immediate execution of original order etc.

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. The registrar must give the Crown law officer at least 1 clear day’s notice of the hearing of the application. (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. (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.

sec.80 Court’s power to order re-arrest on appeal by Crown law officer

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. The court may, when the detention order is made or afterwards, issue a warrant for the appellant’s apprehension and committal into custody. (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. (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.

• (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
• (b) the appellant has been discharged from the appellant’s former custody.

Attorney-General’s appeals and references of points of law

sec.81 Starting appeal

The Attorney-General starts an appeal under the Code , section 669A (1) by filing a notice of appeal with the registrar. Subject to subrule (6) , the Attorney-General must serve a copy of the filed notice of appeal on the respondent to the appeal personally. 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. 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. An affidavit of proof of service under this rule may be filed with the Court of Appeal registrar. 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. (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. (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. (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. (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. (sec.81-ssec.5) An affidavit of proof of service under this rule may be filed with the Court of Appeal registrar. (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.

• (a) if the respondent is in prison, the prison’s general manager;
• (b) if the respondent is in custody in a place other than a prison, the person in charge of the place.

sec.82 Referring point of law

The Attorney-General refers a point of law under the Code , section 669A (2) by filing a notice of reference with the registrar. The notice must state, precisely and comprehensively, the point of law referred. 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. The Attorney-General must also give a copy of the filed notice of reference to Legal Aid Queensland. 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 (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. (sec.82-ssec.2) The notice must state, precisely and comprehensively, the point of law referred. (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. (sec.82-ssec.4) The Attorney-General must also give a copy of the filed notice of reference to Legal Aid Queensland. (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

• (a) serving the acquitted or discharged person personally with the copy; or
• (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
• (c) giving the copy to the lawyer who represented the acquitted or discharged person at the trial to which the notice of reference relates.

Particular appeals under District Court of Queensland Act 1967 , section 118

sec.83 Application of pt 4

This part applies to appeals by persons under the District Court of Queensland Act 1967 , section 118 . r 83 amd 2012 SL No. 150 s 59

sec.84 Application for leave to appeal

An applicant for leave to appeal must file a notice of application for leave to appeal with the registrar. 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. If the court gives the applicant leave to appeal, the applicant is taken to have started the appeal. r 84 amd 2024 SL No. 178 s 28 (sec.84-ssec.1) An applicant for leave to appeal must file a notice of application for leave to appeal with the registrar. (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. (sec.84-ssec.3) If the court gives the applicant leave to appeal, the applicant is taken to have started the appeal.

• (a) be signed by the applicant or the applicant’s lawyer; and
• (b) identify the judgment against which the appeal is brought; and
• (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.
• (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.
• (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.

sec.85 Time for filing and serving notice

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. 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. r 85 amd 2024 SL No. 178 s 29 (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. (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.

• (a) be filed within the appeal period; and
• (b) be served as soon as practicable on all other parties to the appeal.
• (a) a notice of application for extension of time within which to file the notice of application for leave to appeal; and
• (b) an affidavit setting out the evidence in support of the application.

sec.86 Abandoning application

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. The application is taken to be refused by the court when the notice of abandonment is given to the registrar. However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application. (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. (sec.86-ssec.2) The application is taken to be refused by the court when the notice of abandonment is given to the registrar. (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.

Appeals from informations presented by private persons for indictable offences

sec.87 Definitions for pt 5

In this part— private prosecutor means a person who presents an information against someone else under the Code , section 686 . trial prosecutor means the prosecutor before the court of trial.

sec.88 Duties of registrar

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. 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. 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. 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. (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. (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. (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. (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.

• (a) receives a notice of appeal or notice of application for leave to appeal about an information presented by a private prosecutor; and
• (b) the registrar considers the notice shows a substantial ground of appeal.

sec.89 Information and things to be given to registrar or Crown law officer

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. 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. 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. In this rule— relevant material means information, a document or anything else connected with the proceedings against the appellant. (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. (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. (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. (sec.89-ssec.4) In this rule— relevant material means information, a document or anything else connected with the proceedings against the appellant.

• (a) a private prosecutor declines to undertake the defence of an appeal about an information presented by the private prosecutor; and
• (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.

sec.90 Court may order Crown law officer to defend appeal

This rule applies to an appeal mentioned in this part defended by a private prosecutor. 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. (sec.90-ssec.1) This rule applies to an appeal mentioned in this part defended by a private prosecutor. (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.

• (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
• (b) make any other order it considers appropriate.

Other provisions about appeals, subsequent appeals and references

Preliminary

sec.91 Definitions for part

In this part— appeal includes— an application for leave to appeal; and an application about an appeal; and an appeal under the District Court of Queensland Act 1967 , section 118; and a reference by the Attorney-General. party means a party to an appeal or subsequent appeal. subsequent appeal includes— an application for leave to make a subsequent appeal; and an application about a subsequent appeal. r 91 sub 2024 SL No. 178 s 31

• (a) an application for leave to appeal; and
• (b) an application about an appeal; and
• (c) an appeal under the District Court of Queensland Act 1967 , section 118; and
• (d) a reference by the Attorney-General.
• (a) an application for leave to make a subsequent appeal; and
• (b) an application about a subsequent appeal.

Time for appealing and applying for leave to appeal

sec.92 Working out time for appealing or applying for leave to appeal

For the Code , section 671 — the date of conviction is the day on which— the accused person pleads guilty; or the jury gives its verdict of guilt; and the date of sentence is the day on which the court sentences the convicted person.

• (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
• (i) the accused person pleads guilty; or
• (ii) the jury gives its verdict of guilt; and
• (b) the date of sentence is the day on which the court sentences the convicted person.
• (i) the accused person pleads guilty; or
• (ii) the jury gives its verdict of guilt; and

Registrar’s powers and obligations

sec.93 Registrar to give notice of hearing day

If 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— the party; the chief executive (corrective services) and— the general manager of the prison in which the party 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 party is or was in custody. r 93 amd 2024 SL No. 178 s 32

• (a) the party;
• (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.
• (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.
• (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.

sec.94 Registrar’s power to ask for trial judge’s comments

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. 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. 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. The trial judge’s comments given under this rule form part of the record of the court for the appeal or subsequent appeal. The court may decide the appeal or subsequent appeal without the trial judge’s written comments if it considers it appropriate. This rule does not apply to an appeal under the District Court of Queensland Act 1967 , section 118 . r 94 amd 2012 SL No. 150 s 60 ; 2024 SL No. 178 s 33 (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. (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. (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. (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. (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. (sec.94-ssec.6) This rule does not apply to an appeal under the District Court of Queensland Act 1967 , section 118 .

• (a) an appeal or subsequent appeal is started; or
• (b) the registrar is given notice that a party to an appeal or subsequent appeal disputes the accuracy of a trial transcript.
• (a) the case generally;
• (b) a point arising in the appellant’s case;
• (c) the accuracy or otherwise of the trial transcript.
• (a) give the written comments if the trial judge considers it desirable to do so; and
• (b) state in the comments any inaccuracy in the trial transcript, whether or not a party has alleged the inaccuracy.

sec.95 Registrar’s power to ask for things for court

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. 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. 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. A party may inspect the thing free of charge at a reasonable time decided by the registrar. 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. 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. r 95 amd 2024 SL No. 178 s 34 (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. (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. (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. (sec.95-ssec.4) A party may inspect the thing free of charge at a reasonable time decided by the registrar. (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. (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.

• (a) a party asks the registrar to obtain the thing for the appeal or subsequent appeal; or
• (b) the registrar considers it necessary for the court’s decision on the appeal or subsequent appeal.
• (a) the original deposition of a witness examined before a magistrate or coroner;
• (b) an indictment, or abstract or copy of all or part of an indictment, against the appellant;
• (c) an aid used at the trial, including for example, a transcript used as an aid to an audio or video tape.

sec.96 Service of orders and notices

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). 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. r 96 amd 2024 SL No. 178 s 35 (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). (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.

• (a) an order to produce a document, exhibit or other thing in an appeal or subsequent appeal;
• (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).

sec.97 Appeal record book

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. 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. In deciding whether a document is necessary under subrule (2) , the registrar may consult with the parties. 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. r 97 amd 2018 SL No. 127 s 29 ; 2024 SL No. 178 s 36 (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. (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. (sec.97-ssec.3) In deciding whether a document is necessary under subrule (2) , the registrar may consult with the parties. (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.

• (a) prepare a record book for the appeal (the appeal record book ); and
• (b) make the number of copies of the appeal record book the registrar considers necessary for the appeal.
• (a) the notice of appeal, notice of application for leave to appeal or notice of reference;
• (b) the trial transcript;
• (c) the exhibits tendered at the trial;
• (d) any other document.
• (a) for an appeal that may be made only with the leave of the court—the notice of application for leave to appeal; or
• (b) for another appeal—the notice of appeal; or
• (c) for a reference by the Attorney-General—the notice of reference.

sec.97A Subsequent appeal record book

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. 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. In deciding whether a document is necessary under subrule (2), the registrar may consult with the parties. 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). r 97A ins 2024 SL No. 178 s 37 (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. (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. (sec.97A-ssec.3) In deciding whether a document is necessary under subrule (2), the registrar may consult with the parties. (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).

• (a) prepare a record book for the subsequent appeal (the subsequent appeal record book ); and
• (b) make the number of copies of the subsequent appeal record book the registrar considers necessary for the subsequent appeal.
• (a) the notice of application for leave to make a subsequent appeal;
• (b) the trial transcript;
• (c) the exhibits tendered at the trial;
• (d) the final decision on the appeal or application for leave to appeal against the appellant’s conviction under the Code , section 668D;
• (e) the final decision on any earlier application for leave to make a subsequent appeal against the appellant’s conviction;
• (f) the final decision on any earlier subsequent appeal against the appellant’s conviction;
• (g) any appeal transcript;
• (h) any other document.