These Rules set court procedure for criminal matters in the Supreme Court: they create early criminal directions hearings to ascertain pleas and speed cases, require notices of representation, govern victim impact statements, mandate recording and retention of hearings, set out appeal book and transcript procedures, and provide processes for foreign evidence and Trans‑Tasman subpoenas. Judges, the Registrar and the Chief Justice retain discretionary powers to adapt the procedures. They affect defendants, lawyers, victims, prosecutors and witnesses and impose filing, time and cost obligations on those parties.
These Rules of Court set out procedural requirements and administrative practices for criminal proceedings in the Supreme Court (the Court) and the Court of Criminal Appeal. Mechanically the instrument:
Establishes definitions and the Court context for subsequent rules (Part 1, rule 3). It defines key terms such as appeal, Court, committal order (which links to s 60 of the Justices Act 1959), Crown Counsel, Director (of Public Prosecutions), legal practitioner, legal representative, victim and victim impact statement. Those definitions determine who has duties and rights under the Rules (rule 3).
Creates a discrete procedure for early criminal directions hearings after committal orders or the filing of indictments (Part 1A, rules 3A-3I). It prescribes notice requirements for defence instructions (file a notice within 7 days: rule 3B), designates the filed practitioner as legal representative (rule 3C(1)), requires the first Court appearance after committal to be a directions hearing (rule 3F) and gives judges express powers to set the format, attendees and orders at those hearings (rules 3G-3H). The purpose is stated as ascertaining pleas early and eliminating delay between committal and final disposition (rule 3A(2)).
Codifies the process for victim impact statements (Part 2, rules 4-11). Victims must provide the statement to the Director (or counsel authorised by the Director) and give copies for prosecutor and defence counsel (rule 4). The Director must provide statements to the presiding judge and inform if the victim wishes to read the statement (rule 5). Statements are read before sentence (rule 6), limited to one per victim and (subject to judicial leave) to 10 pages excluding annexures (rule 11).
Makes recording of trial and appeal proceedings the default and prescribes retention and transcript arrangements (Part 3, rules 12-15). Rule 12 requires recordings by recording apparatus unless the Court or a judge directs otherwise. Rule 15 mandates retention periods: a complex schedule for proceedings before 1 Jan 2005 and a uniform 50-year retention for proceedings heard on or after 1 Jan 2005. Transcripts can be directed and are subject to prescribed charges (rule 13-14), but the Registrar may waive fees (rule 14(2)).
Current sections
Direct links to the current provisions in Criminal Rules 2006.
(b) the person who is, or who is acting in the office of, the Director of Public Prosecutions pursuant to the Director of Public Prosecutions Act 1983 of the Commonwealth;
recording apparatus means any electronic, electrical or mechanical device capable of recording sounds or pictures which can be stored and later recalled;
Registrar means the Registrar of the Supreme Court;
(1) This Part applies to a criminal process that is conducted in court and relates to a defendant who is the subject of a committal order or against whom an indictment has been filed.
(2) The purpose of this Part is to –
(a) ascertain the plea of a defendant early in proceedings; and
(b) eliminate any lapse of time from the committal order to the final determination of a criminal process beyond that reasonably required for its fair and just determination; and
(c) enable all such orders to be made as are necessary to ready and expedite the criminal process leading up to the disposition of a matter.
(b) deliver a copy of the notice to the relevant Director –
within 7 days of the committal order or, where instructions or the brief to act have been received after the making of the committal order, within 7 days after receipt of such instructions or brief.
(a) direct that a directions hearing be in court or in chambers;
(b) direct that a directions hearing be held by telephone, video link or other means;
(c) give directions as to the manner in which such a hearing is to be conducted and the persons who are to attend it.
(2) A directions hearing is to be held in court unless otherwise directed by a judge.
(3) The defendant, his or her legal representative and Crown Counsel must attend the directions hearing and any adjournment of the directions hearing unless otherwise directed by a judge.
(4) The Chief Justice or his or her delegate may issue practice directions from time to time with respect to the conduct of directions hearings.
(1) Where a defendant has been committed for sentence, a judge may do one or more of the following:
(a) list the defendant for sentencing;
(b) remand the defendant in custody or admit him or her to bail;
(c) make any order necessary or convenient to facilitate the matters referred in paragraphs (a) and (b) or to give effect to any relevant law or legislative instrument.
(2) Where a defendant has been committed for trial but an indictment has not been filed with respect to him or her, a judge may do one or more of the following:
(a) make a preliminary proceedings order;
(b) remand the defendant in custody or admit him or her to bail to appear before the Court or justices on a specified day;
(c) adjourn the directions hearing;
(d) make any order necessary or convenient to facilitate the matters referred to in paragraphs (a) , (b) and (c) , to give effect to any relevant law or legislative instrument or to ensure the fair and expeditious conduct of the trial.
(3) Where a defendant has been committed for trial and an indictment has been filed with respect to him or her, a judge may do one or more of the following:
(a) take a plea from the defendant;
(b) make a preliminary proceedings order;
(c) remand the defendant in custody or admit him or her to bail to appear before the Court or justices on a specified day;
(d) adjourn the directions hearing;
(e) order the delivery by Crown Counsel of written notice identifying the witnesses whom Crown Counsel intends to call at the trial and setting out the evidence proposed to be adduced from each witness;
(f) make any order necessary or convenient to facilitate the matters referred to in paragraphs (a) , (b) , (c) , (d) and (e) , to give effect to any relevant law or legislative instrument or to ensure the fair and expeditious conduct of the trial.
(4) At a directions hearing, a judge may make such inquiries as he or she considers necessary to achieve the purposes of this Part and to achieve the outcomes listed in subrules (1) , (2) and (3) .
Duty of victim to provide copies of victim impact statement
4 Duty of victim to provide copies of victim impact statement
(1) A victim who wishes to furnish to the Court a victim impact statement is to provide the statement to the Director, or counsel authorised by the Director, with copies for the prosecutor and the counsel for the offender.
(2) On providing copies of the statement under subrule (1) , the victim is to advise the Director whether he or she wishes to read the statement to the Court.
5
Provision of victim impact statement to presiding judge
5 Provision of victim impact statement to presiding judge
The Director or counsel authorised by the Director is to –
(a) provide to the presiding judge any victim impact statement relating to the offence which has been provided by a victim; and
(b) inform the presiding judge whether the victim has requested to read the statement to the Court.
6
Reading of victim impact statement
6 Reading of victim impact statement
A victim impact statement is to be read to, or by, the Court before the presiding judge passes sentence on the offender.
7
Postponement of reading of victim impact statement
7 Postponement of reading of victim impact statement
If a victim has requested to read a victim impact statement to the Court but is not present, the presiding judge may postpone the reading of the statement and is to cause notice of the time fixed for the reading of the statement to be given to the victim.
8
Victim may amend victim impact statement
8 Victim may amend victim impact statement
Subject to rule 10 , a victim who has furnished a victim impact statement may amend the statement at any time before it is read to, or by, the Court.
9
Victim may withdraw victim impact statement
9 Victim may withdraw victim impact statement
A victim who has provided a victim impact statement may withdraw the statement at any time before it is read to, or by, the Court and, if he or she does so, the statement is not to be read to, or by, the Court.
10
Judge may exclude irrelevant material
10 Judge may exclude irrelevant material
If the presiding judge so directs, a victim is not to read to the court any part of his or her victim impact statement that the presiding judge considers to be irrelevant to the proceedings.
11
Requirements for victim impact statement
11 Requirements for victim impact statement
A victim may furnish to the Court only one victim impact statement and the statement –
(d) may, but need not, be in a form approved by the Chief Justice of the Supreme Court.
Part 3
Recording of Proceedings
Part 3 Recording of Proceedings
12
Recordings to be made of proceedings in court
12 Recordings to be made of proceedings in court
Subject to any direction of the court or a judge, all proceedings in any court of trial or Court of Criminal Appeal are to be recorded by a recording apparatus.
13
Transcripts of proceedings
13 Transcripts of proceedings
(1) The court, a judge or the Registrar may direct that a transcript of the proceedings, or any part of the proceedings, in a court of trial or Court of Criminal Appeal is to be provided to –
(a) the court in which the proceedings, or part of the proceedings, were recorded; or
(b) that court and every party to the proceedings.
(2) The Registrar is to provide any transcript directed to be provided under subrule (1) in accordance with that subrule.
(3) Where a decision in any proceedings is appealed, the Registrar is to provide to each party to the appeal such transcript of those proceedings that may be reasonably required for the hearing of the appeal.
14
Charges for transcripts
14 Charges for transcripts
(1) Subject to subrule (2) , where a transcript of proceedings is provided to a person under rule 13(3) , that person is to pay for the transcript at the rates that are prescribed for the time being in the rules made under the Supreme Court Civil Procedure Act 1932 in respect of the furnishing of transcripts of proceedings.
(2) The Registrar may, in his or her discretion, waive any charge that is payable in respect of a transcript of proceedings.
15
Period for which Registrar required to retain recordings
15 Period for which Registrar required to retain recordings
(1) The Registrar is to retain every recording made by the recording apparatus referred to in rule 12 of any proceedings or part of any proceedings –
(a) for the appropriate period; or
(b) for such other period as the Court or a judge may, in any particular case, direct.
(2) For the purposes of this rule, the "appropriate period" means –
(a) in respect of proceedings heard before 1 January 2005 –
(i) in which a person has been sentenced to serve a term of imprisonment, a period equal to the length of that term; and
(ii) in which a person has been sentenced to serve a term of imprisonment but the execution of that term, or part of that term, has been suspended, a period equal to the aggregate of the period for which the sentence was suspended and the period of the term of imprisonment; and
(iii) in which a probation order has been made, a period equal to the aggregate of the period of that order and the period of any sentence of imprisonment imposed at the time of the making of the order; and
(b) in respect of proceedings heard on or after 1 January 2005, a period of 50 years.
Part 4
Procedure on Appeal
Part 4 Procedure on Appeal
Division 1
Notices of appeal
Division 1 Notices of appeal
16
Notice of appeal
16 Notice of appeal
(1) A copy of a notice of appeal, notice of application for leave to appeal or notice of application for extension of time within which either of those notices may be given is to be served upon the respondent and 3 copies of the notice are to be lodged at the office of the Registrar.
(2) As soon as practicable after service on the respondent of a notice of appeal or a notice of application for leave to appeal, the appellant is to lodge, or cause to be lodged, at the office of the Registrar proof of the service of the notice.
(3) For the purposes of subrule (2) , proof of service may be provided by –
(a) an affidavit or an acknowledgment of service signed by a legal practitioner; or
(b) such other means as the Registrar considers sufficient.
(4) Any notice required or authorised by the Code or by these rules may be signed by the person giving the notice or by his or her legal practitioner.
(5) A notice required to be given to the Court of Criminal Appeal is to be addressed to the Registrar, Court of Criminal Appeal, Hobart.
(1) In an appeal before the Court of Criminal Appeal, the appellant or, if more than one, an appellant selected by the Registrar is to prepare an appeal book.
(2) The appeal book is to contain only material which is directly relevant to the appeal.
(3) Every appellant must, within 7 days of filing either a notice of appeal or a notice of application for leave to appeal, file a list of the contents proposed to be included in the appeal book.
(4) Upon the filing of the list, the Registrar is to give an appointment for the settlement of the contents of the appeal book, and each appellant is to serve a copy of the proposed list of contents and notice of appointment on every other party interested in the appeal.
(5) For the purpose of settling the contents of the appeal book –
(a) the Registrar may consult with the trial judge; and
(b) the trial judge may direct the parties to attend before him or her for the purpose of settling the contents of the appeal book.
(d) the notice of appeal to the Court of Criminal Appeal;
(e) the indictment;
(f) evidence, either oral or by affidavit;
(g) any exhibits;
(h) any ruling given during the trial;
(i) the summing-up by the trial judge;
(j) the trial judge's comments on passing sentence;
(k) any other relevant material.
(9) No later than 14 days before the first day of the term following the settling of the contents of the appeal book or such other time as the Court or a judge allows, the appellant is to –
(a) file in the Registry 3 copies of the appeal book for the use of the judges of the Court of Criminal Appeal, together with a certified copy of the appeal book for the Court file; and
(b) deliver a copy of the appeal book to every other party to the appeal.
(10) The Registrar may prepare the appeal book if satisfied that it would cause undue hardship for the appellant to prepare it.
(11) If the Registrar refuses to prepare the appeal book, the appellant may apply to a judge to review that decision.
18
Listing of appeal for hearing
18 Listing of appeal for hearing
The Registrar is not to list an appeal for hearing by the Court of Criminal Appeal during a term that commences less than 21 days after notice of the appeal has been lodged, unless the Registrar is satisfied that there are special circumstances for directing an earlier hearing.
19
Notice of application taken to be notice of appeal
19 Notice of application taken to be notice of appeal
Where the Court of Criminal Appeal grants leave to appeal, the notice of application for such leave is taken to be notice of appeal and no further notice is required.
20
Procedure on applications under sections 401 and 418 of Code
20 Procedure on applications under sections 401 and 418 of Code
(1) An application under section 401 of the Code for a certificate may be made orally by the appellant or his or her counsel either at the trial or subsequently.
(2) If the judge of the court of trial refuses an application under section 401 of the Code, the appellant may make application to the Court of Criminal Appeal.
(3) An application under section 418 of the Code is to be made in the first instance to a judge and, if the judge refuses the application, the Registrar is to notify the appellant of the refusal.
(4) For the purposes of this rule, a judge may sit and act wherever convenient.
21
Documents, exhibits, &c.
21 Documents, exhibits, &c.
(1) Subject to subrule (2) , unless a judge or the Court of Criminal Appeal otherwise orders, any document, exhibit or other thing connected with any proceedings before a court of trial is to remain in the custody of that court until the expiration of 4 months after the period allowed for appealing and, in the case of an appeal, until 4 months after its determination.
(2) The judge of the court of trial may, in any case in which he or she thinks fit, allow any document, exhibit or thing referred to in subrule (1) , or any part of such a document, exhibit or thing, to be released.
(3) The release of a document, exhibit or thing or part of a document, exhibit or thing may be subject to such conditions, and such security for its production when required, as the judge thinks necessary or desirable.
(4) The clerk of the court is to keep a record of any order made, or direction given, by the judge under this rule.
(5) A judge or the Court of Criminal Appeal may make such order with respect to a document, exhibit or thing referred to in subrule (1) as he, she or it considers necessary or desirable.
(a) may be made to the court or to a judge in chambers; and
(b) is to be supported by an affidavit as to the appellant's circumstances.
23
Directions and orders
23 Directions and orders
(1) A direction given by the judge of a court of trial under section 405(1) of the Code may be subject to such conditions for securing the production, on appeal, of any property or thing, or of a sample, portion or facsimile of any property or thing, as the judge may think fit.
(2) An order for the payment of any sum of money by any person to any person, made by the judge of the court of trial upon conviction, is to be suspended until the expiration of the period provided for appeal and, in the case of an appeal, until its determination.
Division 2
Miscellaneous appeal provisions
Division 2 Miscellaneous appeal provisions
24
Representation by legal practitioner in certain cases
24 Representation by legal practitioner in certain cases
In all proceedings before a judge under section 418 of the Code, and in all preliminary and interlocutory proceedings and applications, except those heard before the court, the parties may be represented and appear by a legal practitioner alone.
25
Notice of decisions of Court of Criminal Appeal to be given
25 Notice of decisions of Court of Criminal Appeal to be given
If an appellant is in custody and is not present at the hearing of an application in the Court of Criminal Appeal, the Registrar is to give the appellant notice of the decision of that court in relation to the application, unless it appears to the Registrar to be unnecessary to do so.
26
Non-compliance by appellant
26 Non-compliance by appellant
(1) Non-compliance on the part of an appellant with these rules, or with any rule of practice under the Code, does not prevent the further prosecution of an appeal if the Court of Criminal Appeal or a judge considers that such non-compliance –
(a) was not wilful; and
(b) may be waived or remedied by amendment or otherwise.
(2) The Court of Criminal Appeal or a judge may direct the appellant to remedy each non-compliance of a type referred to in subrule (1) and, upon the appellant so doing, the appeal is to proceed.
(3) If the appellant is not present at the time the Court of Criminal Appeal or the judge gives a direction under this rule, the Registrar is to notify the appellant of the direction as soon as practicable after it is given.
27
Notification and directions by Registrar
27 Notification and directions by Registrar
In order to carry out or give effect to an order or direction made or given by the Court of Criminal Appeal or a judge under the Code or these rules, the Registrar is to give to any or all of the following such notification or direction as may be necessary:
(a) the Sheriff;
(b) any person in charge of a gaol;
(c) an officer of a court;
(d) any other person.
28
Enforcement of duties by order
28 Enforcement of duties by order
The performance of any duty imposed on a person under the Code or these rules may be enforced by order of the Court of Criminal Appeal.
29
Reports
29 Reports
(1) The report of a judge of the court of trial is to be made to the Court of Criminal Appeal.
(2) The Registrar must not provide any part of the report to any person, except by leave of the Court of Criminal Appeal or a judge of that court.
Part 5
Examination of Witnesses out of State in Criminal Proceedings
Part 5 Examination of Witnesses out of State in Criminal Proceedings
30
Interpretation of Part
30 Interpretation of Part
In this Part –
Commonwealth Act means the Foreign Evidence Act 1994 of the Commonwealth.
31
Application of Part
31 Application of Part
(1) This Part applies to an application in, or in relation to, criminal proceedings under –
(2) In the case of an application under section 7 or 10 of the Commonwealth Act, a reference in this Part to a section of the in Column 1 of the Table to this subrule is a reference to the section of the Commonwealth Act opposite in Column 2.
| Section of the Evidence on Commission Act 2001 | Section of the Commonwealth Act |
| 3 | 3 |
| 7 | 7, 8 and 9 |
| 7(2) | 7(1) |
| 7(3) | 7(2) |
| 8 | 10 |
(a) a translation of the letter of request referred to in that paragraph into the language of that place; and
(b) a certificate by the translator stating –
(i) his or her name, address and qualifications for making the translation; and
(ii) that the translation is accurate.
(4) An affidavit in support of an application under section 8 of theEvidence on Commisson Act 2001 is to exhibit the complaint in the inferior court in respect of which the application is made.
(1) In any criminal proceedings in the Court, a person may apply to the Court for leave to serve a subpoena in New Zealand.
(2) An application under subrule (1) must be accompanied by –
(a) a copy of the subpoena in relation to which the leave is sought; and
(b) an affidavit stating, briefly but specifically, the following matters:
(i) the name, occupation and address of the addressee;
(ii) whether or not the addressee has attained the age of 18 years;
(iii) the nature and significance of the evidence to be given, or the document or thing to be produced, by the addressee;
(iv) details of the steps taken by the applicant to ascertain whether the evidence, document or thing is able to be obtained by other means without significantly greater expense, and with less inconvenience to the addressee;
(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 addressee to meet the addressee'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 addressee;
(viii) if the subpoena requires the addressee to give evidence, an estimate of the time that the addressee will be required to attend Court to give the evidence;
(ix) any facts or matters known to the applicant that may be grounds for an application by the addressee to have the subpoena set aside under section 36(2) or (3) of the Trans-Tasman Proceedings Act.
(3) Before granting leave to serve a subpoena under the Trans-Tasman Proceedings Act, the Court may require the applicant to make an undertaking that he or she will meet the reasonable expenses incurred by the addressee in complying with the subpoena if the expenses are likely to exceed the amounts to be tendered to the addressee as specified in the affidavit accompanying the subpoena.
36F
Application to set aside subpoena under this Part
36F Application to set aside subpoena under this Part
(1) A party to criminal proceedings may apply to the Court for the issue, under section 38 of the Trans-Tasman Proceedings Act, of a certificate of non-compliance with a subpoena issued in respect of the proceedings.
(2) An application under subrule (1) may be made –
(a) if the proceeding in which the subpoena was issued is before the Court, orally to the Court; or
(b) by filing an application in the proceeding.
(3) An application under subrule (1) must be accompanied by –
(a) a copy of the subpoena; and
(b) a copy of the order, under section 31 of the Trans-Tasman Proceedings Act, 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) if such an application referred to in subparagraph (i) was made –
(A) the material provided in support of the application; and
(B) any order that disposed of the application;
(iii) the material facts relied on for the application for the certificate of non-compliance.
Part 6
Miscellaneous
Part 6 Miscellaneous
37
Applicant to produce affidavit
37 Applicant to produce affidavit
On the hearing of an application for bail under section 304 of the Code, the applicant is to produce to the judge an affidavit setting out the facts in respect of which he or she is in custody.
38
Application to file indictment
38 Application to file indictment
(1) An application by a private prosecutor for leave to file an indictment is to be made by application.
(a) supported by an affidavit setting out the facts in respect of which it is made; and
(b) served on the person sought to be prosecuted, the Director and such other persons as the judge may direct; and
(c) filed in the Court and heard at such time and in such manner as the judge may direct.
39
Provisions relating to miscellaneous applications
39 Provisions relating to miscellaneous applications
(1) Except where otherwise provided by the Code or these rules, an application to a judge or to the Court of Criminal Appeal may be made by the applicant, or by counsel on his or her behalf, orally or in writing.
(2) An appellant in custody who is not represented by counsel and who is not entitled to, or has not obtained, leave to be present before the Court, and who wishes to make an application is to make the application by forwarding it in writing to the Registrar.
(3) On receiving an application in accordance with subrule (2) , the Registrar must take the proper steps to obtain a decision on it.
40
Notices of reference under section 388AA(1) of Code
40 Notices of reference under section 388AA(1) of Code
Notice of a reference by the Attorney-General under section 388AA(1) of the Code is to –
(a) be given in writing; and
(b) be signed by the Attorney-General or another Crown Law Officer; and
(c) set out the question of law that the Attorney-General seeks to refer to the Court of Criminal Appeal.
41
Indictments to be in triplicate
41 Indictments to be in triplicate
An indictment filed in the Court is to be filed in triplicate.
41A
Applications under Evidence (Children and Special Witnesses) Act 2001
41A Applications under Evidence (Children and Special Witnesses) Act 2001
(a) the back of the original indictment filed in the Court; or
(b) where an accused person has been committed for sentence under the provisions of section 60(1)(a) of theJustices Act 1959 , the back of the certified copy of the complaint supplied for the use of the judge.
The Rules of Court made under the Criminal Code Act 1924 and published in the Gazette on 15 July 1924, page 1547, and all amendments to those Rules of Court, are rescinded.
These Rules of Court are administered in the Department of Justice.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These Rules of Court may be cited as the Criminal Rules 2006 .
2 Commencement
2 Commencement
These Rules of Court take effect on the day on which their making is notified in the Gazette.
3 Interpretation
3 Interpretation
In these Rules of Court, unless the contrary intention appears –
appeal includes an application for leave to appeal;
Code means the Criminal Code;
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008]committal order means an order committing a defendant to the Court under section 60 of theJustices Act 1959 ;
Court means the Supreme Court;
court of trial means the court –
(a) before which an accused person is tried upon an indictment; or
(b) which passes sentence upon a plea of guilty;
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008]
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008]Crown Counsel means a legal practitioner employed in, or instructed by, the Office of the Director;
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008]Director means –
(a) the person who is, or who is acting in the office of, the Director of Public Prosecutions pursuant to the Director of Public Prosecutions Act 1973 ; or
Structures appellate procedure: notices, appeal books, listing, interlocutory applications and respondent service (Part 4, rules 16-29). Key mechanics include service and filing of notices of appeal (rule 16), the construction, settlement and lodging timetable and contents of the appeal book (rule 17), a minimum 21-day window before listing an appeal unless special circumstances (rule 18), and rules dealing with non‑compliance, representation, and custody of exhibits (rules 24-26, 21).
Implements procedures for taking evidence from witnesses outside the State under the Evidence on Commission Act 2001 and the Commonwealth Foreign Evidence Act 1994 (Part 5, rules 30-36). It prescribes affidavit contents, translation requirements, undertakings and the power of examiners to administer oaths (rule 33-36).
Implements Trans-Tasman subpoena procedures for evidence and documents to be served in New Zealand under the Trans-Tasman Proceedings Act 2010 (Part 5A, rules 36A-36G). This Part prescribes form requirements (rule 36D), a detailed affidavit checklist for leave to serve a subpoena in New Zealand including costs estimates and alternatives tried (rule 36E), and procedures for addressees to apply to set aside subpoenas and for parties to apply for certificates of non-compliance (rules 36F-36G).
Contains miscellaneous procedural rules and administrative requirements: affidavits on bail applications (rule 37), private prosecutor applications to file indictments (rule 38), practice for applications, notices of Attorney-General references (rule 40), triplicate filing of indictments (rule 41), special rules for applications under the Evidence (Children and Special Witnesses) Act 2001 (rule 41A), and formalities for recording trial results and exhibits (rule 42-43).
Rescinds the pre-existing 1924 Rules of Court (rule 44) and records publication and commencement details (commencement on Gazette notification, rule 2 and end matter).
The Rules thus allocate administrative tasks among legal practitioners, the Director and Crown Counsel, the Registrar, judges and parties, create mandatory timelines and filing forms, and vest judges with broad discretionary powers to adapt directions hearings and to dispense with Part 1A where appropriate (rule 3I). They also place costs and record‑keeping obligations on parties (transcripts, subpoenas, Trans‑Tasman travel/expenses undertakings) while giving the Registrar and judges express powers to vary or waive those obligations in specified circumstances.
Main concepts
The Rules rest on several recurring structural concepts that organise procedure and channel responsibilities.
Centralised point of contact and record. The Registrar and the registry are a focal point for filing, notification and retention. Notices of appeal must be lodged with the Registrar and many filing obligations specify delivery to the Registrar or lodge at the office of the Registrar (rule 16(1), rule 17(9)). The Registrar maintains recordings and transcripts (rules 13-15) and may prepare appeal books where preparation by an appellant would cause undue hardship (rule 17(10)).
Early case management directed by judges. Part 1A creates a structured early hearing , the directions hearing , intended to capture pleas early and expedite progress from committal to trial or sentence (rule 3A). Judges may determine mode (in court, chambers, telephone, video) and attendance, and may make extensive orders including requiring Crown Counsel to identify intended witnesses and evidence (rules 3G-3H).
Notice and representation system. Defence counsel must file a written notice within seven days of a committal order or of receipt of instructions (rule 3B). The person who files under rule 3B is recorded as the defendant’s legal representative (rule 3C(1)). If a notice has not been filed but instructions exist, the practitioner is nevertheless taken to be legal representative (rule 3E). A legal representative who ceases to act must file notice and notify the Director; upon filing the legal representative ceases to be the defendant’s legal representative (rule 3D).
Victim participation, with judicial gatekeeping. Victim impact statements are channelled through the Director (rule 4). The Director provides them to the presiding judge (rule 5). The rules limit content (one statement per victim, legibility, 10-page default limit) and give the presiding judge authority to exclude irrelevant parts from being read (rules 10-11). Reading must occur before sentence (rule 6).
Default recording and long retention. The default is to record all proceedings in trials and Court of Criminal Appeal hearings (rule 12). Retention rules require substantial storage obligations: proceedings heard on or after 1 Jan 2005 are to be retained for 50 years (rule 15(2)(b)). For pre-2005 cases a tiered retention applies depending on sentence and probation outcomes (rule 15(2)(a)).
Tight appellate packaging. Appeals are governed by formal steps: service of notice on the respondent, numbered grounds requirement (since the 2023 amendment, rule 16(1A)), preparation/settlement of an appeal book limited to material directly relevant to the appeal (rule 17(2)), and strict timeframes for lodging appeal books (rule 17(9)). The Registrar and trial judge play roles in settling the book’s contents (rule 17(5)).
Cross‑statutory integration. The Rules are procedural machinery that sit alongside and refer repeatedly to substantive Acts: the Criminal Code (referred to as the Code), the Justices Act 1959, the Sentencing Act 1997, the Evidence on Commission Act 2001, the Trans-Tasman Proceedings Act 2010, the Foreign Evidence Act 1994 and others (see rule 3 and numerous cross-references in Parts 3-5A).
Those concepts translate into operational rules that shift particular behavioural choices: counsel must file notices and attend directions hearings; victims must funnel impact statements through the prosecution; parties anticipating cross‑border subpoenas must quantify costs and alternatives; and parties wishing to obtain long-term access to recordings must comply with transcript and retention processes.
Who it affects
The Rules allocate duties and rights across a fixed set of actors defined in rule 3 and across the procedural ecosystem of criminal litigation.
Primary affected persons and entities
Defendants and accused persons: the Rules govern first appearance procedures (rule 3F), directions hearings (rules 3G-3H), victim impact statements affecting sentencing (Part 2), and appeal mechanics (Part 4). Defendants who instruct counsel trigger notice duties for that counsel (rule 3B).
Legal practitioners and law practices: defined terms include legal practitioner and law practice (rule 3). Legal practitioners who are instructed to act for a defendant must file notices within 7 days and serve a copy on the Director (rule 3B). The name filed becomes the recorded legal representative (rule 3C(1)). A legal representative who ceases acting must file notice and notify the Director (rule 3D). Legal practitioners prepare appeal books and may sign notices of appeal (rule 16(4), rule 17(7) certificate requirement).
Director of Public Prosecutions and Crown Counsel: the Director and Crown Counsel receive notices and victim impact statements (rules 3B, 4-5). Crown Counsel must attend directions hearings (rule 3G(3)) and may be ordered to deliver written notice identifying witnesses and proposed evidence at directions hearings (rule 3H(3)(e)).
The Registrar and registry staff: the Registrar maintains recordings and transcripts, accepts notices and appeal books, is authorised to set appointments for settling appeal book contents and to prepare appeal books if appellant hardship is shown, may waive transcript fees, and gives notifications to relevant officers (rules 13-15, 17, 14(2), 27).
Judges and the Chief Justice: judges run directions hearings (rule 3G), may direct mode and attendance (rule 3G(1)), order preliminary proceedings orders (rule 3H), may dispense with rules in Part 1A (rule 3I), and sign recorded particulars of trial results via the associate (rule 42).
Victims: defined in rule 3 and the Sentencing Act, victims can furnish impact statements to the Court, must provide those to the Director with copies to prosecutor and defendant’s counsel (rule 4), and may request to read the statement (rule 4(2)); the presiding judge receives the statement (rule 5) and may exclude irrelevant content (rule 10).
Appellants and respondents: appeals are subject to service, notice and appeal book rules (Part 4). Appellants must lodge proof of service and prepare appeal books; non-compliance by appellants may be waived or remedied by the Court (rule 16(2), rule 17, rule 26).
Addressees in New Zealand and parties to Trans‑Tasman proceedings: Part 5A (rules 36A-36G) directly affects persons named in subpoenas to be served in New Zealand (addressees), applicants seeking leave to serve such subpoenas, and parties requesting certificates of non-compliance under the Trans‑Tasman Proceedings Act 2010.
Tasmania Legal Aid: rule 22(1) requires a person who intends to apply under s 410 of the Code for legal assistance to give written notice to the Director of Tasmania Legal Aid.
Secondary or process-interested officers
Sheriff, gaol officers and court officers: the Registrar may direct these persons to implement Court orders (rule 27).
Private prosecutors: a private prosecutor seeking leave to file an indictment must do so by application supported by affidavit and serve the Director and the person sought to be prosecuted (rule 38).
Behavioural changes the Rules induce
Law firms must adopt a seven‑day notification routine after committal in order to be recorded as legal representatives and ensure documents and notices are delivered by the methods and deadlines in Part 1A (rule 3B, 3C).
Prosecutors become the operational recipients and conveyors of victim impact statements (rule 4-5), centralising early contact between victims and the Court via the Office of the Director.
Parties seeking overseas evidence must demonstrate that alternatives have been explored and quantify expected expenses for addressees (rule 36E), increasing pre‑application investigatory and budgeting activity.
Appellants must prepare tightly focused appeal books and comply with settlement processes, transferring front‑loaded drafting and document-selection costs onto appellant teams (rule 17).
These Rules therefore affect litigation practice management, cross-border evidence gathering, victim participation in sentencing, and record retention practices across the criminal justice lifecycle.
Key duties and rights
The Rules allocate specific obligations and confer procedural rights that change the timing and manner of actions in criminal proceedings. The principal duties and rights are set out below, with the precise rule references.
Duties imposed on legal practitioners, parties and officials
File notice of instruction to act: A legal practitioner or law practice instructed for a defendant who is subject to a committal order must file a written notice and deliver a copy to the Director within 7 days of the committal or within 7 days of receiving instructions if instructed afterwards (rule 3B). Failure to file does not change the fact the practitioner is taken to be legal representative where instructions exist (rule 3E).
Notify cessation: A legal representative intending to cease acting must file a notice and deliver a copy to the Director; on filing, they cease to be the legal representative (rule 3D).
Attend directions hearings: The defendant, legal representative and Crown Counsel must attend directions hearings and any adjournment unless otherwise directed (rule 3G(3)).
Provide victim impact statements via the Director: Victims must provide their victim impact statement to the Director or an authorised counsel with copies for the prosecutor and counsel for the offender (rule 4(1)); they must advise whether they wish to read the statement (rule 4(2)).
Deliver victim impact statements to presiding judge: The Director or authorised counsel must provide the presiding judge with any victim impact statement and advise whether the victim requested to read it (rule 5).
Observe statement formalities: A victim may furnish only one victim impact statement which must be legible, may be printed or handwritten and, unless leave is granted, may not exceed 10 pages excluding annexures (rule 11(a)-(c)). The presiding judge may prevent parts considered irrelevant from being read (rule 10).
Record proceedings: Subject to direction, all proceedings in any court of trial or Court of Criminal Appeal must be recorded by recording apparatus (rule 12).
Retain recordings: The Registrar must retain every recording for the “appropriate period” , for proceedings on or after 1 Jan 2005, a period of 50 years (rule 15(1)-(2)(b)); for earlier proceedings the retention depends on the sentence or probation orders (rule 15(2)(a)).
Provide transcripts as directed: A court, judge or the Registrar may direct that a transcript be provided to the court or parties; the Registrar must provide any such transcript (rule 13).
Pay for transcripts unless waived: Transcripts provided under rule 13(3) are to be paid for at prescribed Civil Procedure Act rates, but the Registrar may in his or her discretion waive any charge (rule 14).
Prepare and lodge appeal books: Appellants must prepare an appeal book containing only material directly relevant to the appeal, file a list of proposed contents within 7 days of filing a notice of appeal or an application for leave, attend an appointment to settle contents, and file copies in the Registry no later than 14 days before the first day of the next term or as otherwise allowed (rule 17(1)-(5), (9)). The appeal book must include a certificate by the appellant or legal practitioner that contents are correct (rule 17(7)).
File indictments in triplicate: Indictments filed in the Court must be filed in triplicate (rule 41).
Affidavits for certain applications: Applicants for bail must produce an affidavit setting out facts for custody (rule 37). Private prosecutors applying for leave to file an indictment must do so by application supported by affidavit and serve it on relevant parties (rule 38). Applications under the Evidence on Commission Act require affidavits exhibiting specified materials (rule 33).
Trans‑Tasman subpoena application content: When seeking leave to serve a subpoena in New Zealand, an application must be accompanied by the subpoena and an affidavit that includes detailed items (details of addressee, age, significance of evidence or document, steps taken to obtain evidence by other means, date for service, amounts to be tendered for reasonable expenses, and estimate of attendance time if evidence required) (rule 36E(2)).
Discretionary powers and rights
Judicial directions and orders: Judges have broad power at directions hearings to set format (court, chambers, telephone, video), attendance and to make orders necessary to facilitate matters in issue including preliminary proceedings orders, remands, bail and orders to expedite trials (rules 3G and 3H).
Exclusion and leave: The presiding judge may exclude irrelevant parts of a victim impact statement from being read (rule 10). The 10‑page limit on victim impact statements can be exceeded with leave of the presiding judge (rule 11(c)).
Registrar discretions: The Registrar may determine alternative forms for appeal books, prepare the appeal book where appellant hardship is shown, waive transcript charges, and give notification or directions to implement Court orders (rules 17(6), 17(10), 14(2), 27).
Dispensing with Part 1A compliance: The Court may at any time dispense with compliance with any or all provisions in Part 1A (rule 3I).
Enforcement of duties: Performance of a duty imposed by the Code or these Rules may be enforced by order of the Court of Criminal Appeal (rule 28).
Rights conferred
Victim participation: Victims have the right to furnish impact statements, request to read them, amend them before they are read and withdraw them before reading (rules 4, 6-9).
Legal representation: Parties may be represented by a legal practitioner in many interlocutory and preliminary proceedings and in proceedings under s 418 of the Code (rule 24).
Appeals and procedural remedies: Appellants have procedural rights to apply for leave to appeal, amend grounds (rule 16(6)-(7)), seek certificates and have their appeals listed subject to reasonable notice (rule 18). Non-compliance by appellants may be waived or remedied if not wilful (rule 26).
These duties shift administrative burdens toward lawyers, the Office of the Director and registry staff, while giving judges latitude to manage individual cases and to exclude irrelevant victim material. Financial burdens attach to transcript and subpoena processes but contain explicit avenues for waiver or judicial relief.
Penalties and enforcement
The Rules do not create new criminal offences or express statutory fines; instead they rely on judicial process, procedural remedies and registry mechanisms to enforce compliance. The enforcement architecture can be described in the following categories, with the relevant rules cited.
Judicial enforcement and remedial orders
Enforcement by Court order: The Rules state that performance of any duty imposed under the Code or the Rules may be enforced by order of the Court of Criminal Appeal (rule 28). That provides a direct civil/administrative enforcement mechanism though the text does not enumerate specific sanctions; enforcement would be by orders the Court considers appropriate.
Directions and remedial procedural measures: For appellants, non-compliance can be waived or remedied by amendment or otherwise if the Court or a judge is satisfied the non-compliance was not wilful (rule 26(1)). The Court can direct the appellant to remedy non-compliance and allow the appeal to proceed once remedied (rule 26(2)). Those are remedial and discretionary rather than punitive.
Custody and production conditions: When a judge permits release of documents, exhibits or things, that release may be subject to conditions and security for production as the judge thinks necessary (rule 21(3)). This enables conditional release and the imposition of security to secure future compliance.
Registrar powers facilitating enforcement
Notification and directions to officers: The Registrar is expressly authorised to give necessary notifications or directions to the Sheriff, gaol officers, court officers and others to give effect to orders (rule 27). That operationally allows the Registry to enforce custody, remand or release orders.
Fee waivers and transcript control: The Registrar’s discretion to waive transcript charges (rule 14(2)) is an administrative enforcement lever that can relieve financial burdens or incentivise compliance.
Procedural gatekeeping and refusal powers
Leave and application refusal: Several rules make grant of relief (e.g., leave to serve a subpoena in New Zealand, or to release exhibits) explicitly conditional on the applicant satisfying procedural requirements, such as providing affidavits and security for costs (rule 36E, rule 34, rule 21). Failure to satisfy the prerequisites enables the Court to refuse relief. The Rules do not list specific penalties for failing to comply with procedural requirements, but refusal to grant relief (dismissal of applications, refusal of leave) is a practical sanction.
Court discretion to exclude material and adjourn proceedings: Judges may exclude irrelevant parts of victim impact statements (rule 10), may direct that a recording not be made (rule 12 subject to direction), may list or adjourn directions hearings and remand or admit to bail at directions hearings (rules 3G-3H). Those powers allow the Court to shape proceedings in response to non-compliance or other issues.
Absence of express statutory penalties
No specified fines or offences in the Rules: The Rules do not specify monetary penalties, fines, contempt provisions or criminal sanctions for failing to file notices or otherwise comply. The only explicit enforcement language is the rule enabling the Court of Criminal Appeal to enforce duties by order (rule 28) and the remedial allowances for appellants (rule 26).
Enforcement implications and practical effects
Enforcement therefore operates through judicial discretion and case management levers rather than through prescribed statutory penalties. The practical sanctions for non‑compliance are likely to be judicial orders, refusal of interlocutory relief, the setting of conditions or security, or interlocutory processes that delay or prevent the relief sought. The Rules give the Registrar administrative powers to implement orders and to adjust costs through waivers, which in practice affects access to transcripts and documentary records (rule 14).
Certain applications demand undertakings or security for costs before relief will be granted (rule 34; rule 36E(3) allows the Court to require an undertaking to meet reasonable expenses of addressee). These are pre-emptive financial enforcement mechanisms rather than post-hoc fines.
In sum, the Rules rely on judicial and registry discretion, conditional orders, and pre-conditions (undertakings/security) to enforce compliance. The Rules do not themselves create new penal provisions; compliance is enforced through the Court’s procedural powers as set out in the Rules.
How it interacts with other laws
The Rules of Court are procedural regulations that explicitly integrate with multiple Acts and existing rule regimes. The text contains numerous cross‑references; the principal interactions are administrative rather than substantive.
Primary statutory cross‑references
Criminal Code (the Code): The Rules repeatedly invoke the Code, including in definitions (rule 3: Code means the Criminal Code) and in procedural cross-application (e.g., procedure on applications under sections 401, 405, 410, 418, 388AA and others in Part 4 and Part 6 , see rules 20, 22, 23, 40). The Rules operate as subordinate procedure to the Code’s substantive provisions and interlocutory powers.
Justices Act 1959: The definition of committal order explicitly links to section 60 of the Justices Act 1959 (rule 3). Rule 42(1)(b) also refers to s 60(1)(a) of the Justices Act for committal for sentence procedure.
Sentencing Act 1997: The definition of victim refers to s 81A of the Sentencing Act 1997 (rule 3) and rule 43 designates the Registrar (or deputies) as the proper officer for s 60(1)(b) of the Sentencing Act (rule 43).
Evidence on Commission Act 2001 and Foreign Evidence Act 1994: Part 5 applies to applications under ss 7 and 8 of the Evidence on Commission Act 2001 and maps certain sections to the Commonwealth Foreign Evidence Act 1994 (rule 31). Rules 32-36 set out form and affidavit requirements for those cross‑statutory applications, including translation requirements and the requirement that examiners may administer oaths (rule 36).
Trans-Tasman Proceedings Act 2010 and Criminal Procedure (Attendance of Witnesses) Act 1996: Part 5A implements procedures under the Trans-Tasman Proceedings Act 2010 for subpoenas to be served in New Zealand. A subpoena under this Part must be in the form of a final notice issued under s 10 of the Criminal Procedure (Attendance of Witnesses) Act 1996 with necessary modifications to comply with the Trans‑Tasman Proceedings Act (rule 36D).
Legal Profession Act 2007: Rule 3 adopts the Legal Profession Act’s definition of law practice, linking who may be a law practice or legal practitioner under these Rules (rule 3).
Supreme Court Civil Procedure Act 1932 and Supreme Court Rules 2000: Fees for transcripts are to be charged at rates prescribed in rules made under the Supreme Court Civil Procedure Act 1932 (rule 14(1)). Appeal book preparation is to follow the method prescribed by r 668(1)-(6) of the Supreme Court Rules 2000 unless the Registrar determines otherwise (rule 17(6)).
Evidence (Children and Special Witnesses) Act 2001: Rule 41A allows a judge, for the purposes of a preliminary hearing under s 9(2) of that Act, to inform himself or herself in any way and accept prosecutor statements without hearing evidence from the child (rule 41A).
Rules Publication Act 1953: The end matter records display and numbering in accordance with the Rules Publication Act and Gazette notification on commencement.
Operational implications of these interactions
Procedural coherence: The Rules are expressly designed as procedural implements for statutory powers in the Code and other Acts. For example, directions under s 405(1) of the Code may be subject to conditions by a judge and are explicitly incorporated into rule 23(1), tying statutory powers to practice detail.
Costs and financial mechanics: Charges for transcripts are linked to rates under the Supreme Court Civil Procedure Act 1932 (rule 14(1)), which means costs are not set in these Rules but by the Civil Procedure rules; the Registrar retains a waiver power (rule 14(2)).
Cross-border evidence: The Rules operationalise Commonwealth statutes (Evidence on Commission Act and Trans‑Tasman Proceedings Act) by prescribing affidavit contents, translation/certification requirements, and the form of documents for Cross‑jurisdictional service (rules 33-36, 36A-36G). The Rules therefore require practitioners to align local procedural steps with Commonwealth frameworks.
Victim rights and sentencing law: Victim impact statement provisions are integrated directly with the Sentencing Act 1997 via the definition and procedure (rules 3, 4-11), meaning the Rules provide the procedural path for statutes that affect sentencing substance.
Registry and judge role coordination: The Rules coordinate different institutional actors across statutes. For example, applications under s 410 of the Code must be notified to Tasmania Legal Aid (rule 22(1)), integrating court procedure with legal aid administration.
Limits and caveats
The Rules are procedural instruments and do not alter substantive rights created by the referenced Acts; they prescribe how statutory powers will be exercised at Court rather than changing the substantive law.
Where the Rules refer to provisions in other Acts, they require compliance with those Acts’ substantive thresholds (for example, leave under the Trans‑Tasman Proceedings Act) and add procedural prerequisites (affidavit contents, undertakings). Practitioners must therefore satisfy both the other Act and the Rules’ procedural conditions.
Overall, the Rules interlock with a range of Commonwealth and State statutes to provide a consistent procedural scaffold for criminal proceedings, for taking overseas evidence and for appellate work, while deferring substantive thresholds and fee-setting to the referenced legislation and rule regimes.
Amendment history
The text includes explicit amendment annotations for a number of provisions. The following summarises the amendment history recorded in the Rules as published in the version presented.
Original promulgation and commencement: The Rules were notified in the Gazette on 26 April 2006 (end matter). Rule 2 states commencement occurs on the day the making is notified in the Gazette.
Rescission of previous Rules: Rule 44 expressly rescinds the Rules of Court made under the Criminal Code Act 1924 published in the Gazette on 15 July 1924 and all amendments to those Rules (rule 44).
2007-2008 amendments and insertions:
Rule 17(6) subrule amended by S.R. 2007, No. 103, applied 14 Nov 2007 (citation given in rule 17(6) annotation).
Major set of insertions and amendments in 2008: Many subrules and definitions show the annotation “Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008” or “Amended by S.R. 2008, No. 1, Applied:01 Feb 2008” indicating a Rule Statutory Regulation in 2008. Those include:
Part 1A (rules 3A-3I) were inserted by S.R. 2008, No. 1, applied 1 Feb 2008 (see rule 3A header).
Several definitions in rule 3 (committal order, Crown Counsel, Director, file, legal representative, registrar, etc.) show amendment annotations by S.R. 2008, No. 1.
Rule 42 subrules (1) and (2) were substituted by S.R. 2008, No. 1, applied 1 Feb 2008 (rule 42 annotation).
2008 later amendments: Some rule 3 items and other rules subsequently show amendment by S.R. 2008, No. 155, applied 31 Dec 2008. For example:
rule 3 definitions (law practice, legal practitioner, legal representative) include annotations referencing S.R. 2008, No. 155 applied 31 Dec 2008.
rule 3B, rule 3C(1), rule 3E, and rule 34 show that amendments or insertions were applied on 31 Dec 2008 as recorded.
2012 amendments relating to Trans‑Tasman cooperation:
Part 5A (rules 36A-36G) was inserted by S.R. 2012, No. 65, applied 11 Oct 2013 (annotations in the Part 5A header and individual rules).
2013 application date: The Part 5A rules are annotated as applied 11 Oct 2013, despite the insertion instrument being 2012 , the rules record applied dates.
2017 amendment:
Rule 11(c) (the 10‑page limit on victim impact statements) was amended by S.R. 2017, No. 30, applied 14 Jun 2017 (rule 11 annotation).
2022 amendment:
Rule 22(1) subrule was amended by No. 2 of 2022, Schedule 1, applied 18 Mar 2022 (rule 22 annotation), changing the notice requirement for applications under s 410 to the Director of Tasmania Legal Aid.
2023 amendments:
Rule 16(1A), 16(6) and 16(7) were inserted by S.R. 2023, No. 11, applied 26 Apr 2023, adding a requirement that notices of appeal set out numbered grounds and creating an express process for applications to amend grounds (rule 16 annotations).
What the annotations indicate
The Rules have been amended iteratively. The annotation practice in the text discloses the instrument (statutory rule), its number and the applied date. Amendments have focused on (a) creating formal case management for directions hearings (2008), (b) accommodating Trans-Tasman process and New Zealand subpoenas (2012-2013), (c) tightening victim impact statement length (2017), (d) updating legal aid notice procedure (2022), and (e) formalising appeal grounds and amendment process (2023).
The published Rules also preserve the rescission of the 1924 Rules, indicating a wholesale procedural update in 2006.
Limitations
The Rules as provided include cited amendment instruments and applied dates. They do not include the full text of the amending instruments, nor do they list earlier or later amendments beyond those annotated in the text. This summary reflects only the amendment annotations included in the provided Rules text.
If a practitioner needs the complete statutory amendment chain, consult the Gazette notices and the cited S.R. instruments (for example S.R. 2008 No. 1; S.R. 2012 No. 65; S.R. 2017 No. 30; S.R. 2023 No. 11) to obtain the amending texts and any transitional provisions.
Litigation history
The Rules as presented do not include case citations or a recorded litigation history. The text does not list decisions that interpret the Rules, nor does it reference judicial determinations that have construingly applied specific rules. The only references internal to judicial reporting are procedural:
Rule 29 requires that a judge’s report to the Court of Criminal Appeal be made to the Court and that parts of that report must not be provided to any person except with leave of the Court (rule 29(1)-(2)). That is a confidentiality/controlled disclosure rule but not a case history.
The Rules repeatedly note the role of judges and the Court of Criminal Appeal in granting relief, settling appeal book contents and enforcing duties (rules 17(5), 21, 26, 28).
What this means in practice
Since the Rules are mainly procedural, enforcement and interpretation will arise in the ordinary course in court decisions, but the Rules do not themselves catalogue any judicial decisions. To locate litigation history on particular rules (for example, disputes over the scope of directions hearings under Part 1A, or appeals about the adequacy of an appeal book under rule 17), one must search the Court of Criminal Appeal and Supreme Court Tasmanian decisions for the relevant period.
The absence of cases in the text means practitioners cannot rely on this document alone for settled interpretive authorities. Where a rule contains broad discretionary language (for example, the Court’s ability to dispense with Part 1A compliance, rule 3I), judicial decisions will be the primary source for boundaries and standards.
Recommended practitioner action
If a rule’s application is contested, locate reported decisions of the Supreme Court and Court of Criminal Appeal that interpret that rule. Pay particular attention to decisions involving directions hearings (Part 1A), victim impact statements (Part 2), retention and transcript disputes (Part 3), and Trans‑Tasman subpoena applications (Part 5A), as those are likely candidates for litigated interpretation.
Check the Court’s practice directions which may refine or adapt the Rules (rule 3G(4) indicates that the Chief Justice or delegate may issue practice directions on directions hearings).
In summary, the Rules themselves provide no litigation history; practitioners should consult case law and practice directions for authoritative interpretation and enforcement precedents.
Gotchas
Practical pitfalls and frequently overlooked operational hazards are concentrated in timing, defaulting obligations, evidentiary formality and cross‑jurisdictional steps. The text contains multiple places where non‑compliance or oversight will have immediate procedural consequences.
Timing and notification traps
Seven-day filing deadline for legal representative notice (rule 3B): A legal practitioner instructed to act must file a notice and deliver a copy to the Director within 7 days of a committal order or of receiving instructions. Missing this deadline does not eliminate representation (rule 3E) but it does forgo the formal registry recording process and may complicate service and directions hearing logistics.
Appeal book timetables (rule 17): Appellants must file a proposed list of contents within 7 days of filing a notice of appeal or notice of application for leave. After settlement of contents, the appellant must file three copies of the appeal book and deliver copies to parties no later than 14 days before the first day of the next term following settlement, unless the Court allows otherwise (rule 17(9)). Failing to meet those deadlines risks the Court ordering remedial steps or refusing to list.
Document form and content pitfalls
Single victim impact statement only; page limit default (rule 11): Victims are permitted only one statement and, absent judicial leave, the statement may not exceed 10 pages excluding annexures. Practitioners preparing statements must ensure concision and separate technical medical annexures. Failure to get leave before exceeding the limit risks the excess being excluded or the statement being non-compliant.
Copies through the Director (rule 4): Victims must provide statements to the Director (or authorised counsel) with copies for prosecutor and defence counsel, and must advise whether they wish to read it. Bypassing the Director may render the statement procedurally defective or delay its transmission to the presiding judge (rule 5).
Recording and retention pitfalls
Default recording but subject to direction (rule 12): Although the default is that all proceedings are recorded, this is subject to direction of the court or a judge. Parties expecting a recording for transcription or evidential purposes should secure an express recording direction or memorialise the order.
Long retention obligations (rule 15): Recordings of proceedings heard on or after 1 Jan 2005 are retained for 50 years. For parties seeking access to recordings or counsel relying on old recordings for appeals, the retention regime implies storage and retrieval expectations; failing to request transcripts early could interact with archival policies.
Transcript cost and waiver mechanics
Transcript charges (rule 14): Transcript costs are payable at rates prescribed under the Supreme Court Civil Procedure Act. While the Registrar may waive charges in his or her discretion, practitioners relying on waivers as a funding source should not assume automatic waiver; an application or justification may be required.
Directions hearings and judicial discretion
Broad judicial discretion at directions hearings (rules 3G-3H): Judges may set mode, attendance and orders. The Court may dispense with compliance with Part 1A (rule 3I). That breadth means that predictable, uniform practice cannot be assumed; lawyers must be prepared for varying procedural regimes, including remote hearings by telephone or video link (rule 3G(1)(b)).
Crown Counsel disclosure orders (rule 3H(3)(e)): A judge may order Crown Counsel to deliver written notice identifying the witnesses Crown Counsel intends to call and the evidence proposed to be adduced from each. Defence should prepare to seek and respond to such orders early.
Trans‑Tasman subpoenas and cross‑border evidence
Detailed affidavit and costs requirements (rule 36E): Applications to serve subpoenas in New Zealand require detailed affidavit material, including an account of steps taken to obtain the evidence by alternative means and details of amounts to be tendered to meet the addressee’s reasonable expenses. Omitting these particulars risks refusal or the imposition of undertakings to meet expenses. The Court may require an undertaking to meet addressee expenses if actual expenses exceed amounts tendered (rule 36E(3)).
Form compliance (rule 36D): A Trans‑Tasman subpoena must be in the form of a final notice under s 10 of the Criminal Procedure (Attendance of Witnesses) Act 1996 with necessary modifications. Mis‑formatting may invalidate the instrument in cross‑jurisdictional service.
Appeal grounds and amendment procedures
Numbered grounds requirement (rule 16(1A)): Since 2023 a notice of appeal must set out numbered grounds. Appellants seeking to amend grounds must apply under r 16(6) and r 16(7), which envisages judge/Associate Judge/Court granting leave on just terms. Failure to frame numbered grounds or seeking late amendments without permission will jeopardise appeal readiness.
Private prosecutor processes
Application to file an indictment (rule 38): Private prosecutors must make the application by application supported by affidavit, serve it on the person to be prosecuted and the Director and other persons as the judge may direct. Not serving correctly may lead to procedural dismissal or adjournment.
Exhibit custody and security
Custody until appeal period expiration (rule 21): Documents, exhibits or other things connected with proceedings must remain in the custody of the court until 4 months after the period allowed for appeal and, in the case of appeal, until 4 months after determination, unless released by the trial judge with conditions and security for production (rule 21(1)-(3)). Early release without appropriate security risks later challenges in producing materials on appeal.
Administrative and practice-direction dependence
Practice directions (rule 3G(4)): The Chief Justice may issue practice directions with respect to directions hearings. These directions will materially affect day‑to‑day compliance and may vary over time; practitioners should check for current practice directions before each appearance.
In effect, the principal “gotchas” are failure to meet short statutory filing deadlines, inadequate affidavit content for cross‑border processes, failure to channel victim impact statements through the Director, mismanaging appeal book timetables, underestimating transcript fees or the Registrar’s waiver process, and under-preparing for judicially variable directions hearings. Each of these has a specific rule reference that the practitioner should follow.
How to comply
Concrete steps and a checklist for practitioners, prosecutors, victims and registry staff to comply with the Rules. The checklist assumes ordinary criminal proceedings progressing from committal to trial and potential appeal, with cross‑border evidence and victim participation where relevant.
Initial actions on committal and early case management (Part 1A)
If you are instructed to act for a defendant who is the subject of a committal order, file a written notice under rule 3B within 7 days of the committal order or within 7 days of receiving instructions if those arrive later. Deliver a copy to the Director at the same time (rule 3B). This ensures you are recorded as the legal representative (rule 3C(1)) and that communications and service are properly routed.
If you intend to cease acting, file a written notice and deliver a copy to the Director; be aware that filing triggers cessation of your recorded representative status (rule 3D).
Prepare for directions hearings. The first appearance after committal is to be a directions hearing (rule 3F). Ensure attendance by the defendant (if required), your legal representative, and be ready for Crown Counsel to attend (rule 3G(3)). Anticipate possible orders such as preliminary proceedings orders, remand or bail, and requests for Crown witness lists (rules 3H(2)-(3)(e)).
Where appropriate, apply early for any orders necessary to expedite the matter (rule 3A(2)(c)).
Victim impact statements (Part 2)
If representing or advising a victim who wishes to furnish a victim impact statement, instruct them to provide the statement to the Director or counsel authorised by the Director and to prepare copies for the prosecutor and for the counsel for the offender (rule 4(1)). Ensure the victim advises the Director whether they wish to read their statement (rule 4(2)).
Draft statements to comply with rule 11: one statement only, legible, printed or handwritten, and do not exceed 10 pages (excluding annexures) without seeking leave of the presiding judge (rule 11(a)-(c)). If the victim wishes to include medical reports and annexures, attach them separately and identify them as annexures.
Be prepared for the presiding judge to exclude irrelevant parts of the statement (rule 10), and for the possibility of postponement of reading if the victim is absent (rule 7).
Recording and transcript procedures (Part 3)
Assume that proceedings will be recorded by recording apparatus unless there is an order to the contrary (rule 12). If you need a transcript, seek a direction for a transcript under rule 13; the Registrar must provide any transcript so directed.
Budget for transcript costs in accordance with rates prescribed under the Supreme Court Civil Procedure Act 1932 (rule 14(1)), but apply to the Registrar for a waiver where appropriate under rule 14(2).
If relying on recordings for future reference, note the retention period. For proceedings heard on or after 1 Jan 2005 recordings are to be retained by the Registrar for 50 years (rule 15(2)(b)). For older proceedings verify the tiered retention periods in rule 15(2)(a).
Appeal practice (Part 4)
Service and lodgment: On initiating an appeal, serve a copy of the notice of appeal on the respondent and lodge three copies at the Registrar’s office (rule 16(1)). Ensure the notice sets out numbered grounds of appeal (rule 16(1A)). Lodge proof of service with the Registrar as soon as practicable (rule 16(2)) and retain copies or affidavits of service (rule 16(3)).
Prepare the appeal book: Within 7 days of filing the notice of appeal, file a list of proposed contents for the appeal book (rule 17(3)). Attend the appointment to settle contents. Ensure the appeal book contains only material directly relevant to the appeal and follows the prescribed order (rule 17(1)-(2), (8)).
Lodge the appeal book: File three copies of the appeal book and deliver copies to other parties no later than 14 days before the first day of the term following settlement unless the Court allows otherwise (rule 17(9)). Include the required certificate that contents have been examined and are correct (rule 17(7)).
Observe listing constraints: The Registrar will not list an appeal for hearing during a term that commences less than 21 days after notice of the appeal has been lodged unless special circumstances exist (rule 18). Plan timetables accordingly.
Applications and interlocutory steps
Bail and affidavit obligations: If applying for bail under s 304 of the Code, the applicant must produce an affidavit setting out the facts in respect of which they are in custody (rule 37). Prepare this affidavit carefully and file it with the judge.
Private prosecutor applications: Private prosecutors seeking leave to file an indictment must make their application by application, supported by affidavit, and serve the person sought to be prosecuted and the Director and other persons as directed (rule 38).
Applications under Evidence on Commission Act: For s 7 or s 8 applications exhibit documents specified in rule 33 and include translations and certification where the foreign language is not English (rule 33(1)-(3)). If seeking an order under those Acts consider the undertaking or security for costs provisions flagged in rule 34.
Trans‑Tasman subpoenas and cross‑border evidence (Part 5A)
Use the correct form: Subpoenas to be served in New Zealand must be in the form of a final notice under s 10 of the Criminal Procedure (Attendance of Witnesses) Act 1996 with necessary modifications for the Trans‑Tasman Proceedings Act 2010 (rule 36D). Check the statute and the Court’s form practice.
Prepare the 36E affidavit checklist meticulously: An application to serve a subpoena in New Zealand must be accompanied by an affidavit specifying the addressee’s name, age, nature and significance of evidence or document, steps taken to obtain it by other means, intended date of service, amounts to be tendered to meet reasonable expenses, method of providing those amounts, estimate of attendance time if required, and any facts that might support setting aside the subpoena under s 36(2) or (3) of the Trans‑Tasman Proceedings Act (rule 36E(2)(i)-(ix)). Neglecting any element may result in refusal or the Court requiring an undertaking to meet additional expenses (rule 36E(3)).
If seeking a certificate of non-compliance: Prepare the documents listed in rule 36G(3), including affidavit of service, copy of order giving leave to serve the subpoena and affidavits of material facts relied on.
Practical registry interactions
Use the Registrar for appointments and settlement: When settling appeal book contents the Registrar will set an appointment and may consult the trial judge; be ready to engage at that settlement (rule 17(4)-(5)).
Seek Registrar assistance where hardship exists: If preparing the appeal book would cause undue hardship to the appellant, apply for the Registrar to prepare it (rule 17(10)). If the Registrar refuses, an application to a judge can be made to review that decision (rule 17(11)).
Be prepared for the Registrar’s discretion on transcripts: If cost is an issue, make written submissions to the Registrar seeking fee waiver under rule 14(2).
Court practice and evidence adduction
Prepare for judge’s inquiries at directions hearings: The judge may make such inquiries as are necessary to achieve the purposes of Part 1A (rule 3H(4)). Prepare witness lists, proposed evidence outlines and estimates of hearing time in advance (rule 3H(3)(e)).
For child or special witness preliminary hearings: Be aware that the judge may inform themselves in any way they think fit and accept prosecutor statements without hearing evidence from the child (rule 41A). Prepare concise prosecutorial materials for such hearings.
Records and exhibits
Keep annexures and exhibits organised: Victim impact statements exclude annexures from page limits (rule 11(c)), but keep annexures separately paginated and clearly referenced for filing and disclosure. Follow exhibit custody rules: obtain judge permission and provide appropriate security where the trial judge permits release of exhibits (rule 21(2)-(3)).
General practice points
Check for practice directions: The Chief Justice or delegate may issue practice directions for directions hearings (rule 3G(4)). Before a directions hearing or any procedural application check for current practice directions that may modify the Rules in practice.
Factor in judicial discretion: Several provisions use “may” (judges may order, Registrar may waive), so do not assume automatic relief. Prepare written applications and affidavits to persuade judicial or registry discretion where necessary (see rules 3H, 14(2), 36E(3), 34).
Maintain strict file and service records: For notice of appeal proof of service may be an affidavit or acknowledgment signed by a legal practitioner or other means the Registrar considers sufficient (rule 16(3)). Keep proof of service and copies of filed notices to avoid disputes about compliance.
Following this checklist maps rule text to concrete actions a practitioner or party should take. Each step cites the controlling rule so that practitioners can cross‑check the original provision (for example, rule 3B for representative notices, rule 11 for victim statements, rule 17 for appeal book practice and rule 36E for Trans‑Tasman subpoenas).
(b) the person who is, or who is acting in the office of, the Director of Public Prosecutions pursuant to the Director of Public Prosecutions Act 1983 of the Commonwealth;
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008]file means file in the registry;
[Rule 3 Amended by S.R. 2008, No. 155, Applied:31 Dec 2008]law practice has the same meaning as in the Legal Profession Act 2007 ;
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008][Rule 3 Amended by S.R. 2008, No. 155, Applied:31 Dec 2008]legal practitioner means an Australian legal practitioner;
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008][Rule 3 Amended by S.R. 2008, No. 155, Applied:31 Dec 2008]legal representative means any legal practitioner or law practice whose name is recorded in the registry under rule 3C as the legal representative of a defendant;
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008]preliminary proceedings order means an order of the Court under section 331B of the Code;
recording apparatus means any electronic, electrical or mechanical device capable of recording sounds or pictures which can be stored and later recalled;
Registrar means the Registrar of the Supreme Court;
[Rule 3 Amended by S.R. 2008, No. 1, Applied:01 Feb 2008]registry means the registry of the Court;
victim means –
(a) a victim within the meaning of section 81A of theSentencing Act 1997 ; and
(b) a person allowed to furnish to the Court a written statement under subsection (2A) of that section;
victim impact statement means a statement furnished under section 81A of theSentencing Act 1997 by a victim of an offence.
Part 1A Criminal Directions Hearings
Part 1A Criminal Directions Hearings
3A Application and purpose of Part
3A Application and purpose of Part
[Rule 3A Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008]
(1) This Part applies to a criminal process that is conducted in court and relates to a defendant who is the subject of a committal order or against whom an indictment has been filed.
(2) The purpose of this Part is to –
(a) ascertain the plea of a defendant early in proceedings; and
(b) eliminate any lapse of time from the committal order to the final determination of a criminal process beyond that reasonably required for its fair and just determination; and
(c) enable all such orders to be made as are necessary to ready and expedite the criminal process leading up to the disposition of a matter.
3B Notice of instruction to act
3B Notice of instruction to act
[Rule 3B Amended by S.R. 2008, No. 155, Applied:31 Dec 2008][Rule 3B Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008] A legal practitioner, or a law practice, who is instructed or briefed to act for a defendant who is the subject of a committal order, must –
(a) file a notice in writing of that fact; and
(b) deliver a copy of the notice to the relevant Director –
within 7 days of the committal order or, where instructions or the brief to act have been received after the making of the committal order, within 7 days after receipt of such instructions or brief.
3C Legal representative of defendant
3C Legal representative of defendant
[Rule 3C Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008]
(1) [Rule 3C Subrule (1) amended by S.R. 2008, No. 155, Applied:31 Dec 2008] The name of the legal practitioner, or law practice, filed under rule 3B is the legal representative of the defendant.
(2) Any document, notice or proceeding required to be delivered under these rules is to be delivered to or by –
(a) the legal representative of the defendant; or
(b) the defendant, if he or she is unrepresented.
3D Notice of change of instruction to act
3D Notice of change of instruction to act
[Rule 3D Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008]
(1) If a legal representative intends to cease acting for a defendant, the legal representative must –
(a) file a notice in writing of that fact; and
(b) deliver a copy of the notice to the Director.
(2) On the filing of the notice, the legal representative ceases to be the legal representative of the defendant.
3E If notice of instruction to act not filed
3E If notice of instruction to act not filed
[Rule 3E Amended by S.R. 2008, No. 155, Applied:31 Dec 2008][Rule 3E Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008] If a defendant has instructed a legal practitioner or law practice to act on his or her behalf but a notice of that fact has not been filed, the practitioner or law practice is taken to be the legal representative of the defendant.
3F First appearance in Court following committal order
3F First appearance in Court following committal order
[Rule 3F Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008] The first appearance in the Court for a defendant following a committal order is to be a directions hearing.
3G Conduct of directions hearings
3G Conduct of directions hearings
[Rule 3G Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008]
(1) A judge may do one or more of the following:
(a) direct that a directions hearing be in court or in chambers;
(b) direct that a directions hearing be held by telephone, video link or other means;
(c) give directions as to the manner in which such a hearing is to be conducted and the persons who are to attend it.
(2) A directions hearing is to be held in court unless otherwise directed by a judge.
(3) The defendant, his or her legal representative and Crown Counsel must attend the directions hearing and any adjournment of the directions hearing unless otherwise directed by a judge.
(4) The Chief Justice or his or her delegate may issue practice directions from time to time with respect to the conduct of directions hearings.
3H Orders that may be made at directions hearings
3H Orders that may be made at directions hearings
[Rule 3H Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008]
(1) Where a defendant has been committed for sentence, a judge may do one or more of the following:
(a) list the defendant for sentencing;
(b) remand the defendant in custody or admit him or her to bail;
(c) make any order necessary or convenient to facilitate the matters referred in paragraphs (a) and (b) or to give effect to any relevant law or legislative instrument.
(2) Where a defendant has been committed for trial but an indictment has not been filed with respect to him or her, a judge may do one or more of the following:
(a) make a preliminary proceedings order;
(b) remand the defendant in custody or admit him or her to bail to appear before the Court or justices on a specified day;
(c) adjourn the directions hearing;
(d) make any order necessary or convenient to facilitate the matters referred to in paragraphs (a) , (b) and (c) , to give effect to any relevant law or legislative instrument or to ensure the fair and expeditious conduct of the trial.
(3) Where a defendant has been committed for trial and an indictment has been filed with respect to him or her, a judge may do one or more of the following:
(a) take a plea from the defendant;
(b) make a preliminary proceedings order;
(c) remand the defendant in custody or admit him or her to bail to appear before the Court or justices on a specified day;
(d) adjourn the directions hearing;
(e) order the delivery by Crown Counsel of written notice identifying the witnesses whom Crown Counsel intends to call at the trial and setting out the evidence proposed to be adduced from each witness;
(f) make any order necessary or convenient to facilitate the matters referred to in paragraphs (a) , (b) , (c) , (d) and (e) , to give effect to any relevant law or legislative instrument or to ensure the fair and expeditious conduct of the trial.
(4) At a directions hearing, a judge may make such inquiries as he or she considers necessary to achieve the purposes of this Part and to achieve the outcomes listed in subrules (1) , (2) and (3) .
3I Dispensing with rules
3I Dispensing with rules
[Rule 3I Inserted by S.R. 2008, No. 1, Applied:01 Feb 2008] The Court may at any time dispense with compliance with any or all of the provisions in this Part.
Part 2 Victim Impact Statements
Part 2 Victim Impact Statements
4 Duty of victim to provide copies of victim impact statement
4 Duty of victim to provide copies of victim impact statement
(1) A victim who wishes to furnish to the Court a victim impact statement is to provide the statement to the Director, or counsel authorised by the Director, with copies for the prosecutor and the counsel for the offender.
(2) On providing copies of the statement under subrule (1) , the victim is to advise the Director whether he or she wishes to read the statement to the Court.
5 Provision of victim impact statement to presiding judge
5 Provision of victim impact statement to presiding judge
The Director or counsel authorised by the Director is to –
(a) provide to the presiding judge any victim impact statement relating to the offence which has been provided by a victim; and
(b) inform the presiding judge whether the victim has requested to read the statement to the Court.
6 Reading of victim impact statement
6 Reading of victim impact statement
A victim impact statement is to be read to, or by, the Court before the presiding judge passes sentence on the offender.
7 Postponement of reading of victim impact statement
7 Postponement of reading of victim impact statement
If a victim has requested to read a victim impact statement to the Court but is not present, the presiding judge may postpone the reading of the statement and is to cause notice of the time fixed for the reading of the statement to be given to the victim.
8 Victim may amend victim impact statement
8 Victim may amend victim impact statement
Subject to rule 10 , a victim who has furnished a victim impact statement may amend the statement at any time before it is read to, or by, the Court.
9 Victim may withdraw victim impact statement
9 Victim may withdraw victim impact statement
A victim who has provided a victim impact statement may withdraw the statement at any time before it is read to, or by, the Court and, if he or she does so, the statement is not to be read to, or by, the Court.
10 Judge may exclude irrelevant material
10 Judge may exclude irrelevant material
If the presiding judge so directs, a victim is not to read to the court any part of his or her victim impact statement that the presiding judge considers to be irrelevant to the proceedings.
11 Requirements for victim impact statement
11 Requirements for victim impact statement
A victim may furnish to the Court only one victim impact statement and the statement –
(a) is to be legible; and
(b) may be either printed or handwritten; and
(c) [Rule 11 Amended by S.R. 2017, No. 30, Applied:14 Jun 2017] except with the leave of the presiding judge, may not be longer than 10 pages, excluding medical reports and other annexures; and
(d) may, but need not, be in a form approved by the Chief Justice of the Supreme Court.
Part 3 Recording of Proceedings
Part 3 Recording of Proceedings
12 Recordings to be made of proceedings in court
12 Recordings to be made of proceedings in court
Subject to any direction of the court or a judge, all proceedings in any court of trial or Court of Criminal Appeal are to be recorded by a recording apparatus.
13 Transcripts of proceedings
13 Transcripts of proceedings
(1) The court, a jud
This is an opening excerpt, not the complete document.