QLDIn ForceAct
Evidence Act 1977
sec.21AZEMaking of practice directions authorising destruction
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### sec.21AZE Making of practice directions authorising destruction
The Chief Justice may make a practice direction authorising the principal registrar of the Supreme Court to destroy a recording held by or for the Supreme Court.
The Chief Judge may make a practice direction authorising the principal registrar of the District Court to destroy a recording held by or for the District Court.
The Chief Magistrate may make a practice direction authorising the principal registrar of Magistrates Courts to destroy a recording held by or for a Magistrates Court.
A practice direction made under subsection (1) , (2) or (3) —
must state the period (the minimum retention period ) during which a recording or class of recordings may not be destroyed under the practice direction; and
may authorise the principal registrar of the court to destroy a recording only after—
the minimum retention period stated for the recording has ended; and
if an order under section 21AZF has been made in relation to the recording—the authorised destruction day stated in the order has passed; and
in the case of a videorecording made under section 21AAC —if the defendant has been convicted, there is no possibility or further possibility of a retrial and any appeal rights have been exhausted.
s 21AZE ins 2017 No. 6 s 41
amd 2024 No. 48 s 24
(sec.21AZE-ssec.1) The Chief Justice may make a practice direction authorising the principal registrar of the Supreme Court to destroy a recording held by or for the Supreme Court.
(sec.21AZE-ssec.2) The Chief Judge may make a practice direction authorising the principal registrar of the District Court to destroy a recording held by or for the District Court.
(sec.21AZE-ssec.3) The Chief Magistrate may make a practice direction authorising the principal registrar of Magistrates Courts to destroy a recording held by or for a Magistrates Court.
(sec.21AZE-ssec.4) A practice direction made under subsection (1) , (2) or (3) — must state the period (the minimum retention period ) during which a recording or class of recordings may not be destroyed under the practice direction; and may authorise the principal registrar of the court to destroy a recording only after— the minimum retention period stated for the recording has ended; and if an order under section 21AZF has been made in relation to the recording—the authorised destruction day stated in the order has passed; and in the case of a videorecording made under section 21AAC —if the defendant has been convicted, there is no possibility or further possibility of a retrial and any appeal rights have been exhausted.
- (a) must state the period (the minimum retention period ) during which a recording or class of recordings may not be destroyed under the practice direction; and
- (b) may authorise the principal registrar of the court to destroy a recording only after— (i) the minimum retention period stated for the recording has ended; and (ii) if an order under section 21AZF has been made in relation to the recording—the authorised destruction day stated in the order has passed; and (iii) in the case of a videorecording made under section 21AAC —if the defendant has been convicted, there is no possibility or further possibility of a retrial and any appeal rights have been exhausted.
- (i) the minimum retention period stated for the recording has ended; and
- (ii) if an order under section 21AZF has been made in relation to the recording—the authorised destruction day stated in the order has passed; and
- (iii) in the case of a videorecording made under section 21AAC —if the defendant has been convicted, there is no possibility or further possibility of a retrial and any appeal rights have been exhausted.
- (i) the minimum retention period stated for the recording has ended; and
- (ii) if an order under section 21AZF has been made in relation to the recording—the authorised destruction day stated in the order has passed; and
- (iii) in the case of a videorecording made under section 21AAC —if the defendant has been convicted, there is no possibility or further possibility of a retrial and any appeal rights have been exhausted.