Criminal Practice Rules 1999

1Short title

These rules may be cited as the Criminal Practice Rules 1999.

2Commencement

These rules commence on 1 July 1999.

3Definitions

The dictionary in schedule 6 defines particular words used in these rules.

4Application of rules generally

(1)These rules are for the criminal jurisdiction and, if stated in these rules, associated proceedings.

(2)If these rules do not make provision or sufficient provision for a matter, the court may give the directions or rulings about the matter as the court considers appropriate.

5Application of rules to Magistrates Courts

The following provisions of these rules apply to a Magistrates Court—

•chapters 1, 3, 11, 12 and 13A

•chapter 8, rules 30 to 34

•chapter 9A

•chapter 14, to the extent provided for in rule 59(3).

r 5 amd 2010 Act No. 26 s 40; 2013 SL No. 97 s 3

6Extending and shortening time

(1)The court may, at any time, extend a time set under these rules.

(2)If a time set under these rules, including a time for service, has not ended, the court may shorten the time.

7Effect of noncompliance with rules

(1)Noncompliance with a rule does not invalidate a proceeding, unless the court directs otherwise.

(2)If a rule has not been complied with, the court may—

(a)waive the noncompliance; or

(b)set aside all or part of the proceeding; or

(c)make another order it considers appropriate.

Example of an order made under paragraph (c)—

an order enforcing the performance of a duty imposed on a person under these rules

8Court’s power to make orders or give directions

(1)This rule applies to a court in making an order or giving a direction under these rules.

(2)Unless otherwise stated in these rules, the court may make the order or give the direction on the court’s own initiative or on an application made to the court under these rules.

9Court may impose appropriate conditions

If a court has power to make an order, give a direction or leave, or do another thing under these rules, the court may make the order, give the direction or leave, or do the other thing on the conditions the court considers appropriate.

10Electronic filing, giving or issuing of documents

(1)Unless otherwise stated in these rules—

(a)a document required to be filed or given under the Code or these rules may be filed or given electronically; and

(b)a document issued under the Code or these rules may be issued electronically; and

(c)a document required by subpoena to be produced to the court under these rules may be produced to the court electronically.

(2)For a document filed electronically under the Code or these rules, the day on which the document is taken to have been filed is—

(a)if the whole of the document is received by the registry before 4.30p.m. on a day the registry is open for business—that day; or

(b)otherwise—the next day the registry is open for business.

(3)A document issued electronically under the Code or these rules—

(a)must include an image of the seal of the court; and

(b)is valid even if the document does not include a signature.

(4)A paper copy of an electronically issued document is taken for all purposes, including, for example, service, to be—

(a)a copy of the electronically issued document; and

(b)stamped with the court’s seal.

r 10 sub 2018 SL No. 127 s 7

12Title of proceeding

A proceeding must be entitled—

(a)for the Court of Appeal—‘In the Court of Appeal, Supreme Court of Queensland’; or

(b)for the Supreme Court—‘In the Supreme Court of Queensland at [state the place]’; or

(c)for the District Court—‘In the District Court at [state the place]’.

r 12 amd 2000 SL No. 203 s 4

13Forms generally

(1)The forms to be used under these rules are the approved forms and the forms in schedules 2 to 5.

(2)A reference in a form in schedule 2, 3 or 5 to a section is, unless otherwise stated in the form, a reference to that section of the Code.

(3)A reference in a form in schedule 4 to a section is a reference to that section of the Drugs Misuse Act 1986.

(4)A reference in a form in schedule 4A to a section is a reference to that section of the Peace and Good Behaviour Act 1982.

Notes—

1Forms for use under these rules may be approved under the Supreme Court of Queensland Act 1991, section 87.

2Approved forms are available on the Queensland Courts website.

3See the Acts Interpretation Act 1954, section 48A(1) in relation to the effect of substantial compliance with an approved form.

r 13 amd 2000 SL No. 203 s 5; 2020 SL No. 239 s 3; 2024 SL No. 56 s 3

14Forms of indictment or information

(1)An indictment to be presented in the Supreme Court must be in the form of schedule 2, form 1.

(2)An indictment to be presented in the District Court must be in the form of schedule 2, form 2.

(3)An information to be presented in the Supreme Court must be in the form of schedule 2, form 3.

(4)The indictment or information must also contain a statement of the offence under rule 15.

15Statement of offences

The statement of an offence in an indictment, complaint or other document may be in the words of—

(a)the schedule form for the offence, with the changes necessary to make the words consistent with the particular circumstances of the alleged offence; or

(b)if there is no schedule form for the offence, the Code or other Act creating the offence.

16Applications generally

(1)An application to the court may be oral or written, unless otherwise stated in these rules.

(2)A written application must be filed in the registry.

17Service of application

(1)An application required to be served on a person must be served on the person at least 2 clear business days before the day on which the application is to be heard.

(2)An application required to be served on the director of public prosecutions or a lawyer (the entity) may be served by delivering it to, leaving it at, or sending it by facsimile or electronic transmission to, the entity’s office.

(3)However, an application mentioned in subrule (2) may be heard and decided by the court only if it is proved that the application has been received by the entity or the entity has actual knowledge of it.

(4)In this rule—

electronic transmission means a transmission made electronically.

r 17 amd 2018 SL No. 127 s 8

18Lawyer acting for accused person

(1)A lawyer acting for an accused person in a proceeding must—

(a)give written notice that the lawyer acts for the accused person to the proper officer of the court before which the accused person is to appear next; and

(b)give a copy of the notice to the prosecutor.

(2)The notice must state the lawyer’s—

(a)address for service; and

(b)telephone and facsimile number; and

(c)email address, if any.

(3)The lawyer must comply with subrule (1) no later than 21 days before the accused person’s next appearance in the court.

(4)A lawyer acting for an accused person at the accused person’s committal is taken to continue acting for the accused person until the earliest of the following happens—

(a)the lawyer gives a notice to the court’s proper officer under rule 19(1);

(b)the lawyer is given the court’s leave to withdraw under rule 19(4);

(c)another lawyer gives a notice to the court’s proper officer under subrule (1).

19Lawyer withdrawing from acting for accused person

(1)A lawyer who is no longer instructed to act for an accused person in a proceeding may withdraw from acting for the accused person in the proceeding by—

(a)giving the court’s proper officer written notice that the lawyer no longer acts for the accused person; and

(b)giving a copy of the notice to the prosecutor.

(2)The lawyer must give the notices mentioned in subrule (1) no later than 21 days before the accused person’s next appearance in court in the proceeding.

(3)Subrule (4) applies if a lawyer wants to withdraw from acting for an accused person in a proceeding—

(a)other than because the lawyer is no longer instructed to act for the accused person; or

(b)within 21 days of the accused person’s next appearance in court in the proceeding.

(4)The lawyer must, in the time set by a practice direction, or otherwise as soon as reasonably practicable, withdraw by—

(a)giving written notice to the court’s proper officer that the lawyer intends seeking the court’s leave to withdraw from acting for the accused person in the proceeding; and

(b)giving a copy of the notice to the following—

(i)the prosecutor;

(ii)if the lawyer knows the accused person’s current address, the accused person; and

(c)obtaining the court’s leave to withdraw from acting for the accused person in the proceeding.

(5)A lawyer may, during an accused person’s trial, withdraw from acting for the accused person with the court’s leave and without giving a notice mentioned in this rule.

r 19 amd 2018 SL No. 127 s 9

20Director of public prosecutions

(1)The director of public prosecutions must, before presenting an indictment or filing an application in the court, mark on it any applicable file number of the office of the director of public prosecutions.

Editor’s note—

Under the Acts Interpretation Act 1954, schedule 1, definition number, a letter is a number.

(2)If the indictment contains only ex officio counts, the director of public prosecutions must state that fact on the indictment.

(3)When presenting an indictment, the director of public prosecutions must give the proper officer of the court in which it is presented a written notice stating the Magistrates Court reference number, if any, for each charge in the indictment.

(4)If the director of public prosecutions presents an indictment against an accused person and the charges in the indictment differ from the committal charges, the director of public prosecutions must give written notice of the differences to the following—

(a)the accused person or the accused person’s lawyer;

(b)if the accused person is in the custody of the chief executive (corrective services), the chief executive (corrective services);

(c)the proper officer of the court in which the indictment is presented.

Examples of how charges in an indictment may differ from the committal charges—

•Another charge may be added.

•A committal charge may be omitted.

•A circumstance of aggravation may be added to or omitted from a committal charge.

•Another charge may be substituted for a committal charge.

(5)The notice must state the committal charges and how the charges in the indictment differ from the committal charges.

(6)If the director of public prosecutions decides not to present an indictment against an accused person who has been committed for an offence, the director of public prosecutions must, as soon as possible after making the decision, give written notice of it to the following—

(a)the accused person or the accused person’s lawyer;

(b)if the accused person is in the custody of the chief executive (corrective services), the chief executive (corrective services);

(c)the proper officer of the court that committed the accused person;

(d)the proper officer of the court to which the accused was committed.

(7)Any act or decision that must or may be done or taken under this rule by the director of public prosecutions may be done or taken by—

(a)the deputy director of public prosecutions; or

(b)a Crown prosecutor.

(8)Notice of an act done or decision taken by the director of public prosecutions, deputy director of public prosecutions or a Crown prosecutor may be given by a member of the staff of the office of the director of public prosecutions.

(9)In this rule—

committal charge means a charge for an offence for which the accused person was committed.

r 20 amd 2000 SL No. 203 s 6; 2018 SL No. 127 s 10; 2023 Act No. 23 s 247 sch 1 s 5

21Court

The court’s proper officer must mark the court’s file number on an indictment presented, or application filed, in the court.

22Definitions for ch 5

In this chapter—

accused person means the person against whom an information is to be presented.

application means an application for leave to present an information against an accused person.

23Service of application

(1)A person making an application to the Supreme Court must serve a copy of the filed application and any supporting documents (the copies) on the accused person.

(2)The copies must be served at least 2 clear business days before the day on which the application is to be heard (the hearing day), unless—

(a)the court makes an order under rule 6 extending or shortening the time; or

(b)the accused person agrees in writing to attend on the hearing day despite receiving the copies less than 2 clear business days before the hearing day.

r 23 amd 2018 SL No. 127 s 11

24Hearing of application

The court may decide an application whether or not the accused person appears at the hearing of the application.

25Application for bail

(1)A person who applies to the court for bail or for a variation of bail for a proceeding must serve a copy of the filed application and supporting affidavits or other documents (the copies) on the prosecutor.

(2)The copies must be served at least 2 clear business days before the day on which the application is to be heard (the hearing day), unless—

(a)the court makes an order under rule 6 extending or shortening the time; or

(b)the prosecutor agrees to receiving the copies less than 2 clear business days before the hearing day.

(3)Subrule (1) does not apply if the application is made to the court before which the indictment was presented and the court makes an order, or the prosecutor agrees, that the person may make the application orally.

(4)If a person has previously applied unsuccessfully to a court for bail for a proceeding, the person must state in any supporting affidavit for the application any change of circumstances relied on since the unsuccessful application.

(5)This rule does not apply to an application for bail, or to vary it, made by a party to the trial judge after the jury is sworn under the Jury Act 1995, section 50.

r 25 amd 2000 SL No. 203 s 7; 2018 SL No. 127 s 12

26Application to revoke bail

(1)This rule applies subject to the Bail Act 1980, section 30.

(2)A prosecutor who applies to the court for an order revoking or varying an accused person’s bail must serve a copy of the filed application and any supporting affidavits or other documents (the copies) on the accused person and the accused person’s surety, if any.

(3)The copies must be served at least 2 clear business days before the day on which the application is to be heard (the hearing day), unless—

(a)the court makes an order under rule 6 extending or shortening the time; or

(b)the accused person and the accused person’s surety, if any, agree in writing to attend on the hearing day despite receiving the copies less than 2 clear business days before the hearing day.

(4)Subrule (2) does not apply if the application is made to the court before which the indictment was presented and the court makes an order, or the accused person and the accused person’s surety, if any, agree, that the prosecutor may make the application orally.

(5)This rule does not apply to an application to revoke bail made by a party to the trial judge after the jury is sworn under the Jury Act 1995, section 50.

r 26 amd 2018 SL No. 127 s 13

27Application by surety for discharge

(1)This rule applies subject to the Bail Act 1980, section 23.

(2)A surety who applies to the court for a discharge from liability in relation to the accused person’s undertaking must serve a copy of the filed application and any supporting affidavits or other documents (the copies) on the prosecutor.

(3)The copies must be served at least 2 clear business days before the day on which the application is to be heard (the hearing day), unless—

(a)the court makes an order under rule 6 extending or shortening the time; or

(b)the prosecutor agrees to receiving the copies less than 2 clear business days before the hearing day.

r 27 amd 2018 SL No. 127 s 14

28Application for bench warrant

(1)A judge of the court before which an indictment is presented may issue or order the issue of a warrant directed to all police officers for the arrest of the person against whom the indictment is presented.

(2)For subrule (1), it is sufficient evidence of the indictment for a copy of it to be given to the judge.

(3)Any registrar may issue a warrant ordered by the judge.

r 28 amd 2018 SL No. 127 s 15

29Subpoenas

(1)This rule applies if—

(a)a person is committed to be tried before a court; or

(b)an indictment is presented against a person before a court; or

(c)a person starts an appeal to a court.

(2)The prosecutor, accused person, appellant or respondent (the party) may, by subpoena issued by the court’s registrar, require a person to attend the court or another court of the same jurisdiction and do either or both of the following—

(a)give evidence;

(b)produce a document or thing to the court.

(2A)However, a subpoena may be issued in relation to an appeal only with the leave of the court hearing the appeal.

(3)The party may, in the subpoena, require the person to attend the court—

(a)on a particular day and at a particular time; or

(b)in a particular period, not longer than the period in which the proceeding is listed for hearing, on a day and at a time notice of which is to be given to the person.

(4)If subrule (3)(b) applies, the party must, as soon as practicable, advise the person subpoenaed of the actual day and time the person is required to attend the court.

(5)Without limiting subrule (2), a party may apply to the court for an order allowing the party, by subpoena issued by the court’s registrar, to require a person to produce a document or thing to the proper officer of the court on or before a stated day.

(6)The proper officer must hold the document or thing subject to the court’s direction and must not allow anyone to inspect the document or thing other than as directed by the court.

(7)A person may apply to the court to—

(a)inspect a document or thing produced under subrule (5); or

(b)copy a document produced under subrule (5).

(8)The application may be decided by hearing only the applicant, unless the court decides otherwise.

(8A)If the application is granted, the person may, on payment of the fee prescribed by regulation—

(a)for an application under subrule (7)(a)—inspect the document or thing; or

(b)for an application under subrule (7)(b)—copy the document.

(9)A party obtaining the issue of a subpoena under this rule must file a copy of it with the registrar.

(10)Subrule (11) applies if a document or thing is not tendered or admitted into evidence—

(a)if the proceeding for which it was produced is heard—by the end of the hearing; or

(b)otherwise—by the end of the period during which the proceeding was listed for hearing.

(11)The proper officer must, as soon as practicable, return the document or thing to the person required to produce it.

r 29 amd 2018 SL No. 127 s 16

30Medical, hospital and government records

(1)This rule applies to a person served with a subpoena requiring the person to produce to the court only a document of a following type—

(a)a medical record;

(b)a hospital record;

(c)a record of a government department, or a statutory authority, of the Commonwealth or a State.

(2)The person may comply with the subpoena by giving the document to the proper officer of the court in a sealed envelope clearly marked ‘court exhibits’, or something similar, at least 1 clear day before the time stated for production in the subpoena.

(3)The person must attach a copy of the subpoena to the document or envelope.

(4)If the person asks the proper officer for a receipt for the document, the proper officer must give it to the person.

(5)The proper officer must—

(a)keep the document in a safe place; and

(b)if practicable, allow a party to inspect the document at the registry free of charge; and

(c)if practicable, give a copy of the document to a party on payment of the fee prescribed under a regulation; and

(d)produce the document to the court as directed by the court.

(6)If the document is not tendered or admitted into evidence at the hearing of the proceeding for which it was produced, the proper officer must return the document to the person required to produce it—

(a)at the end of the hearing of the proceeding for which it was produced; or

(b)if the matter was not heard, at the end of the period in which the matter was listed for hearing.

Note—

Rule 57A deals with court records.

r 30 amd 2000 SL No. 203 s 8; 2018 SL No. 127 s 17

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

(1)This rule applies if, when a person produces a document under rule 30, the person gives to the proper officer of the court a written statement—

(a)objecting to the document or a stated part of it being inspected or copied; and

(b)stating the grounds for the objection.

(2)The proper officer must not, without the court’s leave—

(a)allow anyone to inspect the document or part; or

(b)give a copy of the document or part to anyone.

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

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

(2)The prosecutor must, within a reasonable time before the document is admitted into evidence, give to the other party—

(a)notice of the prosecutor’s intention; and

(b)a copy of the document free of charge.

33Setting aside or narrowing subpoena

(1)A person who has been served with a subpoena (the applicant) may apply to the court for an order—

(a)setting aside the subpoena; or

(b)if the applicant is required to produce documents to the court under the subpoena—setting aside the subpoena or narrowing its scope, including, for example, by reducing the number of documents to be produced.

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

34Applying for costs

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

(2)The person who was served with the subpoena (the applicant) may apply to the court for an order that all or part of the applicant’s costs incurred in applying to have the subpoena set aside or narrowed be paid by—

(a)the party who served the subpoena; or

(b)if the court finds the conduct of the party’s lawyer in serving the subpoena was oppressive, vexatious or an abuse of process, the party’s lawyer.

35Travelling expenses

(1)A person must comply with a subpoena only if—

(a)an amount sufficient to meet the person’s reasonable travelling expenses in complying with the subpoena, or a ticket or other travel document needed to comply with it, is tendered—

(i)when the subpoena is served; or

(ii)within a reasonable time before attendance under the subpoena is required; or

(b)other reasonable travel arrangements are made by, and at the cost of, the party who served the subpoena.

(2)Subrule (1) does not apply if the person on whom the subpoena must be served notifies the party who served the subpoena that the person does not require financial or other assistance to comply with the subpoena.

r 35 sub 2018 SL No. 127 s 18

36Application of pt 2

This part applies subject to a court order made under these rules.

Editor’s note—

The Acts Interpretation Act 1954, section 39 also contains provisions about service that apply subject to a contrary intention.

37Service—individuals

(1)A person serving a subpoena on an individual must serve it personally on the individual by giving the subpoena or a copy of it to the individual.

(2)However, if the individual does not accept the subpoena or copy, the person may serve it by putting it down in the individual’s presence and telling him or her what it is.

(3)The person need not show the original of the subpoena to the individual.

38Service—corporations

A person serving a subpoena on a corporation must serve it on the corporation at its head office or its principal or registered office by serving, under rule 37, an officer of the corporation or a person who appears to be in charge of the office.

Editor’s note—

A corporation includes a body politic or corporate—Acts Interpretation Act 1954, schedule 1.

r 38 amd 2023 Act No. 23 s 247 sch 1 s 5

39Service—minors

(1)Subject to subrule (2), a person serving a subpoena on a minor must serve it instead on—

(a)the minor’s parent or guardian; or

(b)if there is no parent or guardian, an adult who has the care of the minor or with whom the minor lives.

Editor’s note—

A minor is an individual who is under 18 years—Acts Interpretation Act 1954, schedule 1.

(2)A person serving a subpoena on a minor who is over 16 years may serve it on the minor only if the minor—

(a)does not have a parent or guardian; or

(b)is not apparently in the care of an adult or does not apparently live with an adult.

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

40Service—intellectually impaired persons

(1)A person serving a subpoena on an intellectually impaired person who is under the care of an adult must serve it instead on the adult.

(2)In this rule—

intellectually impaired person means a person who has a disability that—

(a)is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of the impairments; and

(b)results in—

(i)a substantial reduction of the person’s capacity for communication, social interaction or learning; and

(ii)the person needing support.

40AService by email

(1)Despite rules 37, 39 and 40, a person on whom a subpoena must be served under 1 of those rules may instead be served by—

(a)if the subpoena was issued electronically—the subpoena being emailed to the person; or

(b)if the subpoena was issued in any other way—an imaged copy of the subpoena being emailed to the person.

(2)However, compliance with a subpoena served under this rule may be enforced, and a proceeding may be taken for noncompliance with the subpoena, only if it is proved that—

(a)the subpoena, or an imaged copy of the subpoena, has been received by the person on whom the subpoena must be served; or

(b)the person on whom the subpoena must be served has actual knowledge of the subpoena.

(3)In this rule—

imaged copy, of a subpoena, means a copy of the subpoena in electronic form, created by scanning or otherwise imaging the subpoena in its paper form.

r 40A ins 2018 SL No. 127 s 19

ch 9 hdg amd 2010 Act No. 26 s 41

41Application of ch 9

This chapter applies if the Crown presents an indictment before a court against a person and a party to the trial (the party) wants the court to give a direction or ruling about the conduct of the trial under the Code, section 590AA.

r 41 amd 2009 SL No. 147 s 3

42Application for direction or ruling

(1)The party must apply to the court for the direction or ruling.

(2)The application must state—

(a)the nature of the direction or ruling sought; and

(b)whether a witness or anyone else is required to attend the hearing of the application.

(3)The party must serve a copy of the application on each other party at least 2 clear business days before the day on which the application is to be heard (the hearing day).

(4)However, if the parties agree, the application may be served later than 2 clear business days before the hearing day.

(5)Subrule (4) does not apply if the direction or ruling sought is about 1 or more of the following—

(a)quashing or staying the indictment;

(b)joining accused persons or charges;

(c)deciding questions of law, including the admissibility of evidence and steps to be taken if evidence is inadmissible;

(d)the psychiatric or other medical examination of the accused person;

(e)referring the accused person to the Mental Health Court.

r 42 amd 2017 SL No. 16 s 5 sch 2; 2018 SL No. 127 s 20

42AAffidavit to accompany application for no jury order

(1)If the application is for a no jury order under the Code, section 614, the party must file an affidavit with the application.

(2)The affidavit must—

(a)state the grounds on which the application is made; and

(b)state whether the party knows the identity of the trial judge and, if so, state the grounds on which the party considers that there are special reasons for making a no jury order; and

Example of grounds—

The identity of the trial judge is known to the parties well in advance of the trial because the trial is to be held at a place outside Brisbane and it is public knowledge that a particular judge will be sitting at the place.

(c)if the party is the accused person and is not represented by a lawyer—state that the party understands the nature of the application, including the effect of a no jury order; and

(d)if the accused person is to be tried with 1 or more other accused persons—

(i)identify each other accused person with whom the accused person is to be tried and, if known, state whether each other accused person consents to the making of a no jury order; and

(ii)exhibit a copy of any consent of another accused person to the making of a no jury order.

(3)When serving a copy of the application under rule 42(3) or (4), the party must also serve a copy of the affidavit.

r 42A ins 2009 SL No. 147 s 4

ch 9A hdg ins 2010 Act No. 26 s42

43APurpose and scope of ch 9A

This chapter states the procedures applying in relation to—

(a)an application to a court under the Code, section 590AA(1) by a party to a relevant proceeding for a disclosure obligation direction; or

(b)a party to a relevant proceeding seeking, at a direction hearing under the Justices Act 1886, section 83A, a disclosure obligation direction.

r 43A ins 2010 Act No. 26 s 42

43BDefinitions for ch 9A

In this chapter—

applicant means a party to a proceeding who—

(a)applies for a disclosure obligation direction under the Code, section 590AA(1); or

(b)seeks, at a direction hearing under the Justices Act 1886, section 83A, a disclosure obligation direction.

applicant’s communication means the applicant’s communication to the respondent under rule 43C.

disclosure obligation means a disclosure obligation under—

(a)the Code, chapter 62, chapter division 4A; or

(b)the Justices Act 1886, part 4, division 10B.

disclosure obligation direction means a disclosure obligation direction under—

(a)the Code, chapter 62, chapter division 4A; or

(b)the Justices Act 1886, part 4, division 10B.

nominated time see rule 43C(2)(d).

party, to a proceeding, means—

(a)an accused person who is charged with an offence the subject of the proceeding; or

(b)the prosecution in relation to an offence the subject of the proceeding.

prosecution has the same meaning it has for the Code, chapter 62, chapter division 3.

relevant proceeding means a relevant proceeding under the Code, chapter 62, chapter division 3.

respondent means a party to a proceeding against whom a disclosure obligation direction is sought.

respondent’s response means the respondent’s response under rule 43C.

r 43B ins 2010 Act No. 26 s 42

43CProcedure applying before filing of application for disclosure obligation direction

(1)This rule provides for the procedures that apply before the filing of an application for a disclosure obligation direction.

(2)The applicant must, by letter, or by email or some other electronic form of written communication—

(a)advise the respondent of the following—

(i)what the applicant says the respondent should have done, but has not done, in relation to the disclosure obligation that is to be the subject of the disclosure obligation direction to be sought by the applicant;

(ii)the disclosure obligation direction to be sought by the applicant; and

(b)give the respondent a brief statement about what the applicant considers the respondent should give the applicant to satisfy the applicant that the respondent has complied with the disclosure obligation; and

(c)advise the respondent whether the applicant is asking for the court—

(i)to require the parties to the proceeding to attend before the court and make oral submissions in relation to the application; or

(ii)to decide the application based on the material to be placed before the court in the absence of the parties; and

(d)nominate a time (the nominated time) for the respondent to respond to the applicant’s communication.

(3)The nominated time must be—

(a)the time set by the court or by a practice direction; or

(b)if there is no time set by the court or by a practice direction—a time that is reasonable in the circumstances, but in any event not less than 7 days.

(4)The response must—

(a)state that the response is a response to the applicant’s communication; and

(b)advise the applicant of what the respondent intends to do in response to the applicant’s communication; and

(c)advise the applicant whether the respondent wishes the court—

(i)to require the parties to the proceeding to attend before the court and make oral submissions in relation to the application; or

(ii)to decide the application based on the material to be placed before the court in the absence of the parties.

r 43C ins 2010 Act No. 26 s 42

43DFiling of application for disclosure obligation direction

(1)The applicant may file the application for a disclosure obligation direction if—

(a)the applicant receives a respondent’s response but the response is not satisfactory to the applicant; or

(b)the applicant does not receive a respondent’s response within the nominated time.

(2)The applicant must file all of the following documents with the application—

(a)a copy of the applicant’s communication;

(b)if the respondent gave a respondent’s response—a copy of the response;

(c)a copy of any other relevant correspondence exchanged between the applicant and the respondent.

(3)The application must be filed, and served on each other party to the relevant proceeding—

(a)if the relevant proceeding is a prescribed summary trial or a committal proceeding as mentioned in the Code, section 590AD, definition relevant proceeding—not later than the day before the date set by the court for the commencement of the hearing of evidence in the proceeding; or

(b)if the relevant proceeding is a trial on indictment as mentioned in the Code, section 590AD, definition relevant proceeding—

(i)if the trial starts less than 28 days after presentation of the indictment—before evidence starts to be heard at the trial; or

(ii)otherwise—not more than 28 days after presentation of the indictment.

(4)Unless the court otherwise directs, the material before the court in relation to an application for a disclosure obligation direction must include the application for the disclosure obligation direction and the documents mentioned in subrule (2).

r 43D ins 2010 Act No. 26 s 42

43EDisposal of application for disclosure obligation direction

The court may dispose of an application for a disclosure obligation direction without requiring the parties to the proceeding to attend before the court, and without oral submissions being made, unless the applicant has, in the applicant’s communication, or the respondent has, in the respondent’s response, stated that the party wishes to make an oral submission in relation to the application.

r 43E ins 2010 Act No. 26 s 42

44Definition for ch 10

In this chapter—

proper officer means a judge, a judge’s associate or the person appointed by a judge as the proper officer for this chapter.

r 44 sub 2000 SL No. 203 s 9

45Application of ch 10

(1)This chapter applies at an accused person’s trial.

(2)This chapter also applies, with the necessary changes, to the hearing of a charge of a summary offence against an accused person under the Code, section 651.

46Procedure on arraignment—Code, s 597C

(1)The proper officer must address the accused person as follows—

(a)for an accused person arraigned alone—

‘AB, you are charged that on [state date] at [state place] you [state charge in the indictment using the second person].

‘AB, how do you plead, guilty or not guilty?’;

(b)for accused persons arraigned together—

‘AB and CD, you are charged that on [state date] at [state place] you [state charge in the indictment using the second person, and repeating the names of each accused person as to anything alleged against the accused person, to the exclusion of any other accused person].

‘AB, how do you plead, guilty or not guilty?

‘CD, how do you plead, guilty or not guilty?’.

(2)The proper officer is taken to have complied with subrule (1) if the proper officer uses other words complying with the requirements of the Code, section 597C.

r 46 amd 2000 SL No. 203 s 10; 2001 SL No. 29 s 3; 2009 SL No. 147 s 5

47Statement to accused person of right of challenge—Jury Act, s 39

(1)If the accused person pleads not guilty, the proper officer must address the accused person as follows—

‘AB (and CD), these representatives of the community whom you will now hear called may become the jurors who are to decide between the Crown and you on your trial.

‘If you wish to challenge them, or any of them, you, or your representative, must do so before the bailiff begins to recite the words of the oath or affirmation.’.

(2)In a private prosecution, the reference to the Crown must be replaced by a reference to the private prosecutor.

(3)In a Commonwealth prosecution, the reference to the Crown must be replaced by a reference to the prosecuting authority.

(4)The proper officer is taken to have complied with subrule (1) if the proper officer uses other words complying with the requirements of the Jury Act 1995, section 39.

r 47 amd 2000 SL No. 203 s 11; 2001 SL No. 29 s 4

48Giving the accused person into the charge of the jury—Jury Act, s 51

(1)After the jury who have been sworn are called and they have answered, the proper officer must address the jury as follows—

‘Members of the jury, AB (and CD) is/are charged that on [state date] at [state place] he/she/they [state the offence charged in the words of the indictment or by stating the heading of the schedule form for the offence].

‘To this charge he/she/they say that he/she/they is/are not guilty.

‘You are the jurors appointed according to law to say whether he/she/they is/are guilty or not guilty of the charge.

‘It is your duty to pay attention to the evidence and say whether he/she/they is/are guilty or not guilty.

‘Members of the jury, as early as is convenient, you must choose a person to speak on your behalf. You may change the speaker during the trial and any of you is free to speak.’.

(2)The proper officer is taken to have complied with subrule (1) if the proper officer uses other words complying with the requirements of the Jury Act 1995, section 51.

r 48 sub 2000 SL No. 203 s 12; 2001 SL No. 29 s 5

49Giving jury a copy of the indictment

After the jury has been sworn, the judge may give to the jury a copy of the indictment with any changes, including omissions, the judge considers appropriate in the circumstances.

50Addressing an accused person at the end of the prosecution evidence—Code, s 618

(1)At the end of the prosecution evidence, the proper officer must address the accused person as follows—

‘The prosecution having closed its case against you, I must ask you if you intend to adduce evidence in your defence. This means you may give evidence yourself, call witnesses, or produce evidence.

‘You may do all or any of those things, or none of them.’.

(2)The proper officer is taken to have complied with subrule (1) if the proper officer uses other words complying with the requirements of the Code, section 618.

r 50 amd 2001 SL No. 29 s 6

51Addressing a convicted person before sentencing—Code, s 648

(1)If the plea or verdict is guilty, the proper officer must address the convicted person as follows—

‘AB, you have been convicted [for a plea of guilty say ‘on your own plea of guilty’] of [state the offence charged in the words of the indictment or by stating the heading of the schedule form for the offence]. Do you have anything to say as to why sentence should not be passed on you?’.

(2)The proper officer is taken to have complied with subrule (1) if the proper officer uses other words complying with the requirements of the Code, section 648.

r 51 amd 2001 SL No. 29 s 7

ch 11 pt 1 hdg ins 2024 SL No. 56 s 4

52Application of part

(1)This part applies to a proceeding for an offence before the Supreme Court, the District Court or a Magistrates Court (the court).

(2)Rule 53 applies also to the Court of Appeal.

(3)In subrule (1)—

proceeding, for an offence, includes—

(a)a proceeding in which a person is to be sentenced; and

(b)for a Magistrates Court, a committal proceeding.

r 52 amd 2024 SL No. 56 s 5

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

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

54Evidence to be produced at appeal

The trial judge may give directions to ensure a thing received in evidence in the trial of an accused person is available to be produced in an appeal from the trial.

ch 11 pt 2 hdg ins 2024 SL No. 56 s 6

54AA Main purposes of part

The main purposes of this part are—

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

(b)to recognise the special status of an interpreter in the administration of justice by declaring the duties of an interpreter in relation to the court and the parties to a proceeding.

r 54AA ins 2024 SL No. 56 s 6

54AB Definitions

In this part—

accurately, in relation to interpreting, translating or sight translating, means—

(a)resulting in the optimal and complete transfer of the meaning of the other language into English and of English into the other language; and

(b)preserving the content and intent of the other language or English (as the case may be) without omission or distortion, including matters the interpreter may consider inappropriate or offensive.

code of conduct means the code of conduct for interpreters set out in schedule 5A.

interpret means to carry out the process by which spoken or signed language is conveyed from one language (known as the source language) to another language (known as the target language) orally.

other language means a spoken or signed language other than English.

recognised agency means—

(a)the National Accreditation Authority for Translators and Interpreters (NAATI); or

(b)another entity approved by the Chief Justice to be a recognised agency for the purposes of this part.

sight translate means to carry out the process by which an interpreter or translator presents a spoken or signed interpretation of a written text.

translate means to carry out the process by which written language is conveyed from one language (known as the source language) to another language (known as the target language) in written form.

r 54AB ins 2024 SL No. 56 s 6

54AC Proceedings to be conducted in English

Subject to this part, proceedings are to be conducted in English.

r 54AC ins 2024 SL No. 56 s 6

54AD When interpreter must be provided for accused person

(1)This rule applies if the court is satisfied that an accused person in a proceeding can not understand and speak the English language sufficiently to enable the accused person to—

(a)understand and participate in the proceeding; or

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

(2)The court must ensure the accused person is provided with an interpreter.

(3)If an interpreter is provided under subrule (2), the court is responsible for engaging and bearing the costs of the interpreter.

r 54AD ins 2024 SL No. 56 s 6

54AE When interpreter is required by witness

(1)This rule applies if the court is satisfied that a witness in a proceeding can not understand and speak the English language sufficiently to enable the witness to understand, and make adequate reply to, questions that may be put to the witness in the proceeding.

(2)The witness may—

(a)give spoken evidence or signed evidence in the other language that is interpreted into English by an interpreter in accordance with this part; or

(b)give evidence by an affidavit or statement in English that has been sight translated to the witness by an interpreter in accordance with rule 54AJ.

(3)Unless the court orders otherwise, the party calling the witness is responsible for engaging, and bearing the costs of, an interpreter who meets the standards and requirements imposed by this part.

Note—

See the Evidence Act 1977, section 131A in relation to the court’s power to order the State to provide an interpreter in a criminal proceeding.

r 54AE ins 2024 SL No. 56 s 6

54AF Who may act as interpreter generally

(1)A person must not act as an interpreter in a proceeding unless the person—

(a)is currently certified, registered or recognised as an interpreter for the other language by a recognised agency, or otherwise satisfies the court that the person is qualified to act as an interpreter for the other language; and

(b)has read and agreed to comply with the code of conduct; and

(c)takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability.

(2)Also, a person must not act as an interpreter in a proceeding if the person—

(a)is or may become a party to, or witness in, the proceeding (other than as an interpreter); or

(b)is related to, or has a close personal relationship with—

(i)a party to the proceeding or a member of a party’s family; or

(ii)a witness or potential witness in the proceeding; or

(c)has or may have a financial or other interest of any kind in the outcome of the proceeding, other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of their engagement; or

(d)is or may be unable to fulfil their duty of accuracy or impartiality under the code of conduct for any reason, including, for example—

(i)personal or religious beliefs; and

(ii)cultural or other circumstances.

(3)If a person acting as an interpreter in a proceeding becomes aware during a hearing of the proceeding that a matter mentioned in subrule (2) applies in relation to the person, the person must—

(a)cease to act as an interpreter in the proceeding; and

(b)immediately disclose the matter to the court.

r 54AF ins 2024 SL No. 56 s 6

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

(1)This rule applies if a person is prohibited from acting, or continuing to act, as an interpreter under rule 54AF(1), (2) or (3).

(2)The court may grant leave for the person to act, or continue to act, as an interpreter if it is in the interests of justice and, to the extent practicable—

(a)the court is satisfied that, because of the person’s specialised knowledge based on the person’s training, study or experience, the person is able to interpret and, if necessary, sight translate accurately to the level the court considers satisfactory in all the circumstances from the other language into English and from English into the other language; and

(b)the person takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability; and

(c)the court is satisfied that the person understands and accepts that, in acting as an interpreter, the person—

(i)is not an agent, assistant or advocate of the witness or the accused person for whom the person is to act as an interpreter, or of the party who has engaged the interpreter; and

(ii)owes a paramount duty to the court to be accurate to the best of the person’s ability and impartial; and

(d)the court directs that the evidence and interpretation be sound recorded for spoken languages or video recorded for signed languages; and

(e)the person is an adult.

r 54AG ins 2024 SL No. 56 s 6

54AH Duties of interpreter

(1)An interpreter owes a paramount duty to the court to be accurate to the best of the interpreter’s ability and impartial.

(2)The duty to the court under subrule (1) overrides any duty the interpreter may have to a party to the proceeding (regardless of whether the party engaged the interpreter).

(3)Unless the court orders otherwise, an interpreter must—

(a)interpret questions and all other spoken or signed communications in the hearing of the proceeding for the witness or accused person from English into the other language and from the other language into English; and

(b)subject to subrule (4), sight translate, whether before or during the course of a witness’s evidence, documents shown to the witness.

(4)An interpreter may refuse to sight translate a document if—

(a)the interpreter considers that the interpreter is not competent to do so; or

(b)sight translating the document would be too onerous or difficult because of the length or complexity of the text.

(5)Unless the court orders otherwise, an interpreter may not assist a party or a party’s legal representatives in their conduct of a proceeding (including a hearing) other than by—

(a)interpreting questions and other spoken or signed communications in connection with the proceeding from English into the other language and from the other language into English; or

(b)sight translating documents in connection with the proceeding from English into the other language and from the other language into English.

r 54AH ins 2024 SL No. 56 s 6

54AI Code of conduct for interpreters

(1)An interpreter must comply with the code of conduct.

(2)Unless the court orders otherwise, as soon as practicable after an interpreter is engaged for a proceeding, a copy of the code of conduct is to be given to the interpreter by—

(a)if the interpreter is engaged by a party—the party; or

(b)if the interpreter is engaged by the court—the court.

(3)Unless the court orders otherwise, a witness may not give evidence using an interpreter unless the court is satisfied the interpreter has read the code of conduct and agreed to be bound by it.

(4)Subrules (1) to (3) apply subject to rule 54AG.

r 54AI ins 2024 SL No. 56 s 6

54AJ Translated evidence

(1)This rule applies if a party seeks to read or rely on a translated affidavit, or translated statement, of a witness who requires an interpreter.

(2)Unless the court orders otherwise, the party may not read or rely on the affidavit or statement unless it includes a certification by the interpreter in the approved form, or the interpreter separately verifies by affidavit, to the effect that—

(a)before sight translating the affidavit or statement to the witness, the interpreter—

(i)had read the code of conduct and agreed to be bound by it; and

(ii)had been given an adequate opportunity to prepare to sight translate the affidavit or statement; and

(b)after sight translating the entire affidavit or statement to the witness, the witness—

(i)informed the person responsible for preparing the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement; and

(ii)swore or affirmed the affidavit, or signed the statement, in the presence of the interpreter.

(3)Unless the court orders otherwise, an interpreter who certifies or verifies an affidavit or statement of a witness under subrule (2) may, but is not required to, be the interpreter who acts as the interpreter for the witness in any hearing in the proceeding.

r 54AJ ins 2024 SL No. 56 s 6

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

The court may at any time, on the application of a party to a proceeding or on the court’s own initiative, request an interpreter to correct, clarify, qualify or explain the interpreter’s interpretation of the evidence or translation or sight translation of a document.

r 54AK ins 2024 SL No. 56 s 6

54AL Court may give directions in relation to interpreters

(1)The court may at any time, having regard to the nature of a proceeding (including the type of allegations made in the proceeding and the characteristics of the parties, the witnesses and the accused person), give directions relating to 1 or more of the following matters—

(a)any particular attributes required or not required for an interpreter to accommodate any cultural or other reasonable concerns of a party, a witness or the accused person, including, but not limited to—

(i)gender; and

(ii)age; and

(iii)ethnic, cultural or social background;

(b)the number of interpreters required in the proceeding and whether relay interpreting should be used;

(c)establishing the expertise of an interpreter;

(d)the steps to be taken to obtain an interpreter who is certified, registered or recognised by a recognised agency or is otherwise qualified to act as an interpreter;

(e)the steps to be taken before an order under rule 54AG is made;

(f)the information about the proceeding that may be provided to a person in advance of any hearing in the proceeding to assist the person to prepare to act as an interpreter for the hearing, including, but not limited to—

(i)the indictment or charge sheet; and

(ii)affidavits and statements; and

(iii)lists of witnesses; and

(iv)other documents;

(g)when, and in what circumstances and under what conditions (if any), the information mentioned in paragraph (f) may be provided;

(h)whether an interpreter is to interpret a witness’s evidence consecutively, simultaneously or in some other way;

(i)other resources an interpreter may need to consult in the course of acting as an interpreter, including, for example, dictionaries and other reference works;

(j)the length of time for which an interpreter should interpret during a hearing without a break;

(k)security for an interpreter, including, if necessary, arrangements to preserve the anonymity of the interpreter;

(l)practical matters relating to an interpreter, including, for example, the seating for and the location of the interpreter, and any necessary equipment to assist the interpreter;

(m)the disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter or any party to the proceeding or by the court on its own initiative;

(n)the payment of interpreters;

(o)any other direction the court considers appropriate.

(2)Subrule (1) does not limit the generality of the court’s power to control its own procedures.

r 54AL ins 2024 SL No. 56 s 6

54ADefinitions for ch 12

In this chapter—

trial includes—

(a)a proceeding for a person’s bail or remand; and

(b)a committal proceeding; and

(c)a proceeding in which a person is to be sentenced.

trial judge means—

(a)for a proceeding for a person’s bail or remand—the judge or magistrate, or a justice constituting a Magistrates Court, who presides or presided at the proceeding; or

(b)for a committal proceeding—a magistrate, or a justice constituting a Magistrates Court, who presides or presided at the proceeding; or

(c)otherwise—the judge or magistrate, or 2 justices constituting a Magistrates Court, who preside or presided at the court of trial.

r 54A ins 2013 SL No. 123 s 7

55Production, custody and disposal of exhibits and other documents

(1)A trial judge may make an order the trial judge considers appropriate about the production at trial, custody or disposal of any of the following items—

(a)an exhibit;

(b)a jury note;

(c)a document marked for identification, other than a jury note.

(2)If an order to the contrary is not made under subrule (1) or rule 100(1) about the custody or disposal of the item, the proper officer of the court—

(a)for a concluded trial, may—

(i)if the item is a jury note—destroy the item; or

(ii)otherwise—return the item to the party who tendered it; or

(b)otherwise—must hold the item in safekeeping.

r 55 amd 2008 SL No. 61 s 3; 2013 SL No. 123 s 8

sub 2018 SL No. 127 s 22

56Inspection and obtaining copies of exhibits

(1)A party to a trial may inspect or obtain, other than for the purpose of publication, a copy or certified copy of an exhibit tendered at the trial unless the proper officer of the court or the trial judge considers it may risk—

(a)the exhibit’s security; or

(b)a person’s safety or wellbeing, including, for example, the person’s mental health.

(2)A person other than a party to the trial may, on payment of the fee prescribed by regulation, inspect or obtain, other than for the purpose of publication, a copy or certified copy of an exhibit tendered at the trial unless the proper officer of the court or the trial judge considers the inspection or copying may risk—

(a)the exhibit’s security; or

(b)a person’s safety or wellbeing, including, for example, the person’s mental health.

(3)However, the trial judge may order that an exhibit—

(a)not be inspected or copied unless allowed by a further order of a court; or

(b)be sealed and not opened unless allowed by a further order of a court.

(4)If the trial judge is not available to hear an application for a further order, the application may be heard by—

(a)for the Supreme Court—a judge nominated by the Chief Justice; or

(b)for the District Court—a judge nominated by the Chief Judge of the District Court; or

(c)for a Magistrates Court—a magistrate sitting at the place the trial was conducted.

(5)This rule does not apply in relation to—

(a)a document marked for identification; or

(b)a witness statement or deposition tendered at a committal.

(6)A person must not publish, or make available for publication, a copy or certified copy of an exhibit obtained under this rule.

Note—

See rule 56A in relation to the copying of exhibits for publication.

(7)To remove any doubt, it is declared that subrule (6) does not limit rule 56A.

r 56 amd 2000 SL No. 203 s 13; 2008 SL No. 61 s 4; 2013 SL No. 123 s 9

sub 2018 SL No. 127 s 22

56ACopying for publication of exhibits

(1)A person who is not a party to a trial may, on payment of the fee prescribed under a regulation, apply to the trial judge during or after the trial for an order permitting the copying for publication of an exhibit tendered at the trial.

(2)If the trial judge is not available to hear the application, the application may be heard by—

(a)for the Supreme Court—a judge nominated by the Chief Justice; or

(b)for the District Court—a judge nominated by the Chief Judge of the District Court; or

(c)for the Magistrates Court—a magistrate sitting at the place the trial was conducted.

(3)The judge or magistrate hearing the application may make an order permitting, on payment of the fee prescribed under a regulation, the copying for publication of the exhibit.

(4)Without limiting subrule (3), the judge or magistrate may, in deciding whether to make the order, have regard to the following matters—

(a)whether the copying for publication is in the public interest or another legitimate interest;

(b)the nature of the proposed or potential publication by the applicant or another person;

(c)the nature of the exhibit;

(d)the content of the exhibit and whether the exhibit contains information that is private, confidential or personally or commercially sensitive;

(e)whether the copying for publication is likely to prejudice the fair trial of an accused person;

(f)the likely effect of the copying for publication on the following persons—

(i)a victim or alleged victim of the offence alleged against the accused person;

(ii)a family member of a victim or alleged victim of the offence alleged against the accused person;

(iii)a family member of the accused person;

(iv)a person referred to directly or indirectly in the exhibit;

(v)a person whose personal, proprietary or commercial interests may be affected by the copying for publication (including the owner of any copyright in the exhibit);

(g)whether the persons mentioned in paragraph (f) have been notified of the application and given an opportunity to be heard on the application;

(h)whether the owner of any copyright in the exhibit consents to the copying for publication;

(i)whether the copying for publication is authorised under the Copyright Act 1968 (Cwlth), section 43(1);

(j)whether access to, or dealing with, the thing produced as the exhibit was or is restricted under an Act because the thing is—

(i)sensitive evidence within the meaning of the Code, section 590AF; or

(ii)a recording within the meaning of the Evidence Act 1977, section 21AY; or

(iii)a section 93A criminal statement within the meaning of the Evidence Act 1977, section 93AA;

(k)whether the exhibit was produced in open court;

(l)whether the copying may damage the exhibit or risk its security;

(m)whether the court has facilities to copy the exhibit;

(n)the likely cost of copying the exhibit.

(5)For opening or keeping open the registry to make an application or copy an exhibit under this rule, the applicant must pay the fee prescribed under a regulation.

r 56A ins 2008 SL No. 61 s 5

amd 2013 SL No. 123 s 10

57Access to court files

(1)For the purposes of this rule, the court file for a proceeding consists of each of the following for the proceeding—

(a)the indictment;

(b)any particulars in writing provided to the court;

(c)the order sheet;

(d)the transmission sheet;

(e)any application in writing filed or made to the court;

(f)any affidavit filed or provided to the court;

(g)any written submissions or outline of submissions filed or provided to the court;

(h)any order or draft order of a judge or magistrate of the court;

(i)any other document required or permitted to be filed under these rules or an Act;

(j)any other document directed to be filed, or placed on the file held by the registry, by the court;

(k)the verdict and judgment record.

(2)To remove any doubt, it is declared that the court file for a proceeding does not include any of the following for the proceeding—

(a)a transcript, other than a transcript that has been directed to be placed on the file held by the registry;

(b)an exhibit;

(c)a document marked for identification;

(d)a pre-sentence report or other report to the court, other than a report that has been directed to be placed on the file held by the registry;

(e)the appeal record book;

(f)a document that, under a practice direction, does not form part of the court file;

(g)any other document put on or with the file held by the registry.

(3)A person may, on payment of the fee prescribed by regulation, search for, obtain a copy or certified copy of, or inspect all or part of a document on the court file for a proceeding.

(4)Subrule (3) does not apply to any part of a document for a proceeding that contains or reveals details of a jury for the proceeding.

(5)If a court file contains a document mentioned in subrule (4) for a proceeding, a person may, on payment of the fee prescribed by regulation, obtain from the proper officer of the court a copy or certified copy of the document, other than the parts of the document that contain or reveal details of a jury.

(6)Subrules (3) and (5)—

(a)apply subject to—

(i)any order restricting access to the court file for a proceeding; and

(ii)the court file being required for the court’s use; and

(b)do not apply in relation to a document ordered to be sealed; and

(c)do not apply in relation to a document, other than any of the following documents for the proceeding, that contains or reveals the identity of a protected person—

(i)the order sheet;

(ii)any order or draft order of a judge or magistrate of the court;

(iii)the verdict and judgment record; and

(d)do not apply in relation to any of the following documents until the proceeding is a concluded trial—

(i)an application under the Criminal Code, section 590AA;

(ii)an outline of argument, affidavit or other document filed in relation to an application mentioned in subparagraph (i).

(7)If a party files a document that contains or reveals the identity of a protected person, including in court, the party must notify the court of that fact at the time of presenting the document for filing.

(8)If a person mentioned in subrule (3) or (5) is a party to the proceeding to which the court file relates or the party’s lawyer for the proceeding—

(a)subject to paragraph (b), this rule applies to the person without the requirement that the person pay the prescribed fee; and

(b)subrule (6)(c) and (d) does not apply.

(9)Subrules (3) and (5) do not apply if making the copy or certified copy available may risk a person’s safety or wellbeing, including, for example, the person’s mental health.

(10)For subrule (6), the question of whether subrule (3) or (5) applies must be decided by—

(a)if a person requests the question be decided by a judge or magistrate of the court—a judge or magistrate of the court; or

(b)if the proper officer of the court considers the question should be decided by a judge or magistrate of the court—a judge or magistrate of the court; or

(c)otherwise—the proper officer of the court.

(11)In this rule—

protected person means a person whose identity is subject to a restriction on publication under—

(a)the Child Protection Act 1999, section 189, 192(b) or 194; or

(b)the Criminal Law (Sexual Offences) Act 1978, section 10; or

(c)the Youth Justice Act 1992, section 301; or

(d)another Queensland Act or a law of the Commonwealth.

r 57 amd 2000 SL No. 203 s 14

sub 2018 SL No. 127 s 23

57ADuties of proper officer of the court about court records

(1)The proper officer of the court must not, in relation to a record of the court or another court document (court record)—

(a)permit any court record to be taken out of the court, unless the court otherwise orders; or

(b)issue a subpoena for the production of any court record.

(2)However, for an appeal to another court, the proper officer may forward to the other court records relevant to the appeal.

r 57A ins 2009 SL No. 147 s 6

58Stays of execution

(1)This rule applies to an order made, on the conviction of a person before a court, about the following—

(a)property;

(b)the payment of an amount;

(c)a disqualification.

(2)The court may stay execution of the order until a time the court considers appropriate.

ch 13A hdg ins 2013 SL No. 97 s 4

ch 13A pt 1 hdg ins 2013 SL No. 97 s 4

58ADefinition for ch 13A

In this chapter—

Trans-Tasman Proceedings Act means the Trans-Tasman Proceedings Act 2010 (Cwlth).

r 58A ins 2013 SL No. 97 s 4

58BInterpretation

Words and expressions used in this chapter and the Trans-Tasman Proceedings Act have the same meaning in this chapter as they have in that Act except so far as the context or subject matter otherwise indicates or requires.

Note—

The following words and expressions are defined in the Trans-Tasman Proceedings Act, section 4—

•audio link

•audiovisual link

•document

•given

•party

•proceeding.

r 58B ins 2013 SL No. 97 s 4

58CApplication of ch 13A

This chapter applies to criminal proceedings to which the Trans-Tasman Proceedings Act applies.

r 58C ins 2013 SL No. 97 s 4

ch 13A pt 2 hdg ins 2013 SL No. 97 s 4

58DApplications in proceeding under Trans-Tasman Proceedings Act

(1)This rule applies to a proceeding that has already started.

(2)A party to the proceeding who wants to apply for an order under the Trans-Tasman Proceedings Act must make an application in the proceeding.

(3)The application must be supported by an affidavit that states the material facts on which the applicant relies that are necessary to give the other party fair notice of the case to be made against the other party at the hearing of the application.

r 58D ins 2013 SL No. 97 s 4

ch 13A pt 3 hdg ins 2013 SL No. 97 s 4

58EApplication for leave to serve subpoena in New Zealand

(1)A party to a proceeding who requires the leave of the court to serve a subpoena in New Zealand under the Trans-Tasman Proceedings Act, section 31 must make an application for leave in the proceeding in which the subpoena was issued.

(2)The application must be accompanied by—

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

(b)an affidavit stating, briefly but specifically, the following—

(i)the name, occupation and address of the person named in the subpoena;

(ii)whether the person is over 18 years;

(iii)the nature and significance of the evidence to be given, or the document or thing to be produced, by the person;

(iv)details of the steps taken to ascertain whether the evidence, document or thing could be obtained by other means without significantly greater expense, and with less inconvenience, to the person;

(v)the date by which it is intended to serve the subpoena in New Zealand;

(vi)details of the amounts to be tendered to the person to meet the person’s reasonable expenses of complying with the subpoena;

(vii)details of the way in which the amounts mentioned in subparagraph (vi) are to be given to the person;

(viii)if the subpoena requires the person to give evidence—an estimate of the time that the person will be required to attend to give evidence;

(ix)any facts or matters known to the party making the application that may be grounds for an application by the person to have the subpoena set aside under the Trans-Tasman Proceedings Act, section 36(2) or (3).

Notes—

1See the Trans-Tasman Proceedings Act, section 31 which allows the court to impose conditions when giving leave to serve a subpoena in New Zealand.

2See also the Trans-Tasman Proceedings Act, sections 33 and 37 which make provision in relation to the payment of expenses in complying with a subpoena.

(3)Despite rules 57 and 98, a person must not, without the leave of the court, search for, inspect or copy a document in an application under this rule filed in the court.

r 58E ins 2013 SL No. 97 s 4

58FApplication to set aside subpoena

(1)A person applying under the Trans-Tasman Proceedings Act, section 35 to set aside a subpoena served in New Zealand must make the application in the proceeding in which the subpoena was issued.

(2)The application must be accompanied by—

(a)a copy of the subpoena; and

(b)an affidavit stating the following—

(i)the material facts on which the application is based;

(ii)whether the person making the application requests that any hearing be held by audio link or audiovisual link.

r 58F ins 2013 SL No. 97 s 4

58GApplication for issue of certificate of noncompliance with subpoena

(1)A party to a proceeding may apply to the court that issued a subpoena for a certificate mentioned in the Trans-Tasman Proceedings Act, section 38 (a certificate of noncompliance).

(2)The application may be made—

(a)if the proceeding in which the subpoena is issued is before the court—orally to the court; or

(b)by filing the application.

(3)The application must be accompanied by—

(a)a copy of the subpoena; and

(b)a copy of the order giving leave to serve the subpoena; and

(c)an affidavit of service of the subpoena; and

(d)a further affidavit stating the following—

(i)whether any application was made to set aside the subpoena;

(ii)the material in support of an application mentioned in subparagraph (i);

(iii)any order that disposed of an application mentioned in subparagraph (i);

(iv)the material facts relied on for the issue of the certificate of noncompliance.

Note—

A certificate of noncompliance is to be stamped by the registrar with the seal of the court.

r 58G ins 2013 SL No. 97 s 4

ch 13A pt 4 hdg ins 2013 SL No. 97 s 4

58HApplication for order for use of audio link or audiovisual link

(1)A party to a proceeding applying for leave for an order that an appearance be made, evidence be taken, or submissions be made, by audio link or audiovisual link from New Zealand under the Trans-Tasman Proceedings Act, section 50, must make the application in the proceeding to which the appearance, evidence or submissions relate.

(2)Subrule (1) does not apply to a request mentioned in rule 58F(2)(b)(ii).

r 58H ins 2013 SL No. 97 s 4

59Application of ch 14

(1)This chapter applies to proceedings on indictment.

(2)This chapter also applies, with necessary changes, to the hearing of a charge of a summary offence against an accused person under the Code, section 651.

(3)Rule 62 also applies to a proceeding in a Magistrates Court.

r 59 amd 2010 Act No. 26 s 43

61Recording proceedings

(1)The judge at a proceeding relating to an accused person’s indictment must ensure a record is kept only of the following particulars about the proceeding on the order sheet—

(a)for each appearance—

(i)the name of the judge; and

(ii)the name of the person who appeared for the accused person; and

(iii)the name of the person who appeared for the prosecutor; and

(iv)the nature of the appearance, including, for example, whether it was for a pre-trial direction or ruling, or the trial; and

(v)the date of the appearance;

(b)any bail order;

(c)the plea;

(d)whether any request was made to the judge for a redirection by the judge to the jury;

(e)whether, and how many, redirections were given by the judge to the jury;

(f)the verdict;

(g)the judgment;

(h)the sentence;

(i)any other order.

(2)The judge for the proceeding must ensure a separate record is kept of the jury details on the form used for that purpose.

(3)Subrule (4) applies if the court heard and decided a charge for a summary offence (the transmitted charge) against the accused person under the Code, section 651.

(4)On the final decision of the transmitted charge, the judge must ensure the order sheet for the transmitted charge is endorsed with the particulars mentioned in subrule (1)(a)(i) to (iii), (c) and (h).

r 61 amd 2010 SL No. 187 s 3; 2018 SL No. 127 s 24

62Verdict and judgment record

(1)The proper officer of the court must make a record containing the names of the persons tried, sentenced or otherwise dealt with by the court.

(2)The record must contain the following details about each person mentioned in subrule (1)—

(a)the charge;

(b)the legislative provision under which the person is charged;

(c)the name of the judge, magistrate or justice;

(d)the plea;

(e)the verdict;

(f)the sentence;

(g)the judgment;

(h)any other order.

(3)A copy of the record must be given to the chief executive (corrective services) if—

(a)an Act provides for it to be given; or

(b)the person is being committed into, or remanded in, custody; or

(c)the record is otherwise relevant to the functions and powers of the chief executive (corrective services).

(3A)If requested in writing by a lawyer acting for any of the persons, the proper officer must give a copy of the record to the lawyer as soon as practicable and, in any case, within 2 clear business days of the request.

(4)The record is a sufficient warrant for executing the judgments noted on it.

(5)The proper officer may amend the record if it is inaccurate in any respect and, if a copy of an inaccurate record has been given to the chief executive (corrective services), the proper officer must replace the copy with a copy of the record as amended.

r 62 amd 2010 Act No. 26 s 44; 2018 SL No. 127 s 25

ch 14A hdg ins 2018 SL No. 127 s 26

62ADefinition for chapter

In this chapter—

serious drug offence certificate means a serious drug offence certificate issued under the Penalties and Sentences Act 1992, section 161G.

r 62A ins 2018 SL No. 127 s 26

62BIssue of certificate in first instance

(1)The director of public prosecutions must provide a serious drug offender or, for a serious drug offender who is legally represented, the offender’s legal representative, with a draft serious drug offence certificate for the purposes of the Penalties and Sentences Act 1992, part 9C before the offender’s sentencing hearing.

(2)The director of public prosecutions is to provide an electronic copy of the draft serious drug offence certificate to the sentencing judge’s associate before the sentencing hearing.

(3)The director of public prosecutions is to provide 1 copy of the draft certificate to the court at the sentencing hearing.

(4)The Penalties and Sentences Act 1992, section 161H(a), (b), (c) and (e) applies to the draft certificate as if a reference in any of those paragraphs to a serious drug offence certificate were a reference to the draft certificate.

(5)In this rule—

serious drug offence see the Penalties and Sentences Act 1992, section 4.

serious drug offender means a person who is—

(a)convicted of a serious drug offence; and

(b)yet to be sentenced for the offence.

r 62B ins 2018 SL No. 127 s 26

62CAmendment of certificate

(1)If a court is required to amend a serious drug offence certificate under the Penalties and Sentences Act 1992, section 161I, the director of public prosecutions must comply with rule 62B in relation to the amended certificate.

(2)If a draft amended serious drug offence certificate is provided by the proper officer of the court for consideration, the parties are to be guided by rule 382(1) to (4) of the Uniform Civil Procedure Rules 1999.

(3)If a party identifies an error in an issued serious drug offence certificate, the party must give to the proper officer and each other party—

(a)a draft serious drug offence certificate with proposed amendments to correct the error; and

(b)a notice—

(i)explaining the proposed amendments; and

(ii)stating whether the proposed amendments are agreed between the prosecution and defence.

(4)If a serious drug offence certificate must, under the Penalties and Sentences Act 1992, section 161K, be amended following an appeal—

(a)the parties must notify the proper officer of the court that issued the certificate; and

(b)the proper officer may arrange for the proceeding in which the certificate was issued to be brought back before the court.

(5)In this rule—

proper officer, of a court, see the Penalties and Sentences Act 1992, section 4.

r 62C ins 2018 SL No. 127 s 26

63Definitions for ch 15

In this chapter—

court means the Court of Appeal.

judge means a judge of appeal.

64Application of div 1

This division does not apply to appeals by persons under the District Court of Queensland Act 1967, section 118.

Editor’s note—

For appeals by persons under the District Court of Queensland Act 1967, section 118, see part 4 of that Act (Criminal jurisdiction and procedure).

r 64 amd 2012 SL No. 150 s 57

65Application for leave to appeal

(1)An applicant for leave to appeal must file a notice of application for leave to appeal with the registrar.

(2)The notice must—

(a)be signed by the applicant or the applicant’s lawyer; and

(b)state, briefly and precisely, the grounds of the appeal.

(3)If the application is not filed in the appeal period, the applicant must also file with the registrar a notice of application for extension of time for filing the application for leave to appeal.

(4)If the court gives the applicant leave to appeal, the notice of application for leave to appeal is taken to be a notice of appeal filed under rule 66.

66How to start appeal

(1)A person starts an appeal by filing a notice of appeal with the registrar.

(2)The notice must—

(a)be signed by the person or the person’s lawyer; and

(b)state, briefly and precisely, the grounds of the appeal; and

(c)for an appeal on a trial judge’s certificate given under the Code, section 668D(1)(b), have the certificate fixed to it.

(3)If the notice is not filed in the appeal period, the person must also file with the registrar a notice of application for extension of time for filing the notice.

67Registrar to give respondent copies of particular documents

The registrar must give to the respondent to an appeal copies of any of the following documents filed with the registrar for the appeal—

(a)the notice of appeal;

(b)the notice of application for leave to appeal;

(c)a notice of application for extension of time for filing a notice mentioned in paragraph (a) or (b).

68Registrar to give interested persons notice about appeal

(1)This rule applies if a following matter mentioned in the Code, section 670(1) arises in an appeal—

(a)an order for—

(i)the restitution of property; or

(ii)compensation to an aggrieved person;

(b)the operation of the Sale of Goods Act 1896, section 26(1).

(2)The registrar must give to each interested person who is not a party to the appeal written notice of the hearing day for the appeal.

(3)In this rule—

interested person means—

(a)a person in whose favour the order is made; or

(b)a person benefiting from the operation of the Sale of Goods Act 1896, section 26(1) in relation to the matter the subject of the appeal.

69Abandoning applications

(1)This rule applies to an applicant for leave to appeal and to an applicant for extension of time within which to appeal.

(2)The applicant, at any time after filing the application, may abandon it by giving to the registrar a notice of abandonment of application.

(3)The application is taken to be refused by the court when the notice of abandonment is given to the registrar.

(4)However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application.

70Abandoning appeal

(1)An appellant, at any time after starting an appeal, may abandon it by giving to the registrar a notice of abandonment of appeal.

(2)The appeal is taken to be dismissed by the court when the notice is given to the registrar.

(3)However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the appeal.

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

(1)This rule applies if a court of trial—

(a)directs that the operation of the following is not suspended under the Code, section 670(1)—

(i)an order for the restitution of property;

(ii)the Sale of Goods Act 1896, section 26(1); and

(b)considers the property, or a sample, portion or copy of it is reasonably necessary for the hearing of an appeal.

(2)The trial judge may give the directions about the restitution or revesting of the property as the trial judge considers appropriate to ensure the property or a sample, portion or copy of it is produced for the hearing of the appeal.

72Certificate of conviction

(1)This rule applies if a person (the requester) asks the proper officer of the court of trial before which a person was convicted of an indictable offence to give to the requester a certificate of the person’s conviction.

(2)The proper officer may give the certificate to the requester only if—

(a)the appeal period for the offence has ended; and

(b)an appeal has not started or a notice of application for leave to appeal has not been filed.

(3)If an appeal has started or a notice of application for leave to appeal has been filed, the proper officer may give the certificate to the requester only if—

(a)the final decision on the appeal or application has been given; or

(b)the appeal or application has been abandoned.

73Lawyer acting for convicted person

(1)A lawyer acting for a convicted person in an appeal must—

(a)give written notice that the lawyer acts for the convicted person to the registrar of the court; and

(b)give a copy of the notice to the respondent.

(2)The notice must state the lawyer’s—

(a)address for service; and

(b)telephone and facsimile number; and

(c)email address, if any.

(3)The lawyer must comply with subrule (1)—

(a)no later than 14 days before the day the appeal is set down for hearing (the hearing day); or

(b)if the hearing day is sooner than the 14 days, as soon as possible.

(4)A lawyer acting for a convicted person who files a notice of appeal or notice of application for leave to appeal is taken to continue acting for the convicted person until the earliest of the following happens—

(a)the lawyer gives a notice to the registrar under rule 74(1);

(b)the lawyer is given the court’s leave to withdraw from acting for the convicted person under rule 74(2).

74Lawyer withdrawing from acting for convicted person

(1)A lawyer who is no longer instructed to act for a convicted person in an appeal may withdraw from acting for the convicted person in the appeal by—

(a)as soon as possible after becoming aware that the lawyer is no longer instructed to act, giving the registrar written notice that the lawyer no longer acts for the convicted person; and

(b)at the same time, giving a copy of the notice to each of the following persons at the person’s address that is last known to the lawyer—

(i)the respondent;

(ii)the convicted person.

(2)A lawyer who wants to withdraw from acting for a convicted person in an appeal, other than because the lawyer is no longer instructed to act for the convicted person, may withdraw by—

(a)giving written notice to the registrar that the lawyer intends seeking the court’s leave to withdraw from acting for the convicted person in the appeal; and

(b)giving a copy of the notice to—

(i)the respondent; and

(ii)if the lawyer knows the convicted person’s current address, the convicted person; and

(c)obtaining the court’s leave to withdraw from acting for the convicted person in the proceeding.

(3)The lawyer must give the notice or copy mentioned in subrule (2)—

(a)no later than 14 days before the hearing day; or

(b)if the hearing day is sooner than the 14 days, as soon as possible.

75Application for leave to be present

(1)This rule applies if—

(a)an appeal is on a ground involving a question of law alone; and

(b)the appellant wishes to seek the leave of the court under the Criminal Code, section 671D to be present at the hearing of the appeal.

(2)If the notice of appeal or notice of application for leave to appeal includes an indication that the appellant or applicant wishes to be present at the hearing of the appeal, the notice is taken to also be an application for leave to be present at the hearing.

(3)The appellant or applicant must give sufficient reasons to the Court of Appeal registrar in writing, at least 2 clear business days before the appeal is listed to be heard, explaining—

(a)why the appellant or applicant should be permitted to attend in person; and

(b)why the appellant’s or applicant’s attendance by video link would not suffice.

r 75 sub 2018 SL No. 127 s 27

76Appellant on bail

If an appellant who has been admitted to bail and is not legally represented does not attend a hearing of the appeal, the court may do the following—

(a)consider the appeal in the appellant’s absence;

(b)decline to consider it;

(c)summarily dismiss it;

(d)make another order the court considers appropriate;

(e)issue a warrant for the appellant’s apprehension.

77Appellant in custody

(1)This rule applies to an appellant who is not legally represented and is in custody.

(2)If the appellant is in prison, the prison’s general manager must give to the registrar written notice that the appellant is in prison.

(3)If the appellant is in custody in a place other than a prison, the person in charge of the place must give to the registrar written notice that the appellant is in custody in the place.

(4)The registrar may ask the court for directions about the appeal, including, for example, about the appellant’s attendance at the appeal.

78Registrar to give notice of particular orders

(1)This rule applies if the court makes a following order under the Code, section 672—

(a)an order staying execution of an order quashing an appellant’s conviction;

(b)an order for the appellant’s detention or return to the appellant’s former custody;

(c)an order giving bail to the appellant.

(2)The registrar must give written notice of the order and its terms to the following persons—

(a)the appellant;

(b)if the appellant is or was in custody, the chief executive (corrective services) and—

(i)the general manager of the prison in which the appellant is or was in custody; or

(ii)if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the appellant is or was in custody.

(3)Subrule (4) applies if an order mentioned in subrule (1)(b) or (c) was made on the application of a Crown law officer pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction.

(4)The registrar, when giving a notice under subrule (2), must also give to the appellant a written notice stating that if the appellant considers himself or herself wronged by any failure to diligently prosecute the appeal, the appellant may apply to the court or a judge for an order under the Code, section 672(3) for—

(a)the immediate execution of the original order quashing the conviction; and

(b)the appellant’s immediate release; and

(c)the payment of compensation to the appellant as the court or judge considers appropriate.

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

(1)A Crown law officer may be heard on an appellant’s application for an order mentioned in rule 78(4)(a) to (c) before the order is made.

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

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

(1)This rule applies if—

(a)the court or a judge makes an order under the Code, section 672(2) for the detention of an appellant pending the hearing of an appeal to the High Court against the quashing of the appellant’s conviction (detention order); and

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

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

81Starting appeal

(1)The Attorney-General starts an appeal under the Code, section 669A(1) by filing a notice of appeal with the registrar.

(2)Subject to subrule (6), the Attorney-General must serve a copy of the filed notice of appeal on the respondent to the appeal personally.

(3)However, if the respondent is in custody, the Attorney-General may serve the copy on the respondent by leaving it with a following person—

(a)if the respondent is in prison, the prison’s general manager;

(b)if the respondent is in custody in a place other than a prison, the person in charge of the place.

(4)If the appeal is about a summary conviction for an indictable offence about which the convicted person has appealed to a District Court judge under the Justices Act 1886, section 222, the Attorney-General must serve a copy of the notice of appeal on the District Court registrar.

(5)An affidavit of proof of service under this rule may be filed with the Court of Appeal registrar.

(6)If the court considers it appropriate, the court may hear an appeal even though the Attorney-General has not served a copy of the notice of appeal on the respondent.

82Referring point of law

(1)The Attorney-General refers a point of law under the Code, section 669A(2) by filing a notice of reference with the registrar.

(2)The notice must state, precisely and comprehensively, the point of law referred.

(3)The Attorney-General must give a copy of the filed notice of reference to the acquitted or discharged person by—

(a)serving the acquitted or discharged person personally with the copy; or

(b)leaving the copy with some person at the acquitted or discharged person’s usual place of business or residence, or place of business or residence last known to the Attorney-General; or

(c)giving the copy to the lawyer who represented the acquitted or discharged person at the trial to which the notice of reference relates.

(4)The Attorney-General must also give a copy of the filed notice of reference to Legal Aid Queensland.

(5)The purpose of giving a copy of the filed notice of reference to Legal Aid Queensland under subrule (4) is to permit Legal Aid Queensland to consider whether it should appear on its own behalf on the reference pursuant to the Legal Aid Queensland Act 1997, section 47.

r 82 amd 2018 SL No. 127 s 28

ch 15 pt 4 hdg amd 2012 SL No. 150 s 58

83Application of pt 4

This part applies to appeals by persons under the District Court of Queensland Act 1967, section 118.

r 83 amd 2012 SL No. 150 s 59

84Application for leave to appeal

(1)An applicant for leave to appeal must file a notice of application for leave to appeal with the registrar.

(2)The notice must—

(a)be signed by the applicant or the applicant’s lawyer; and

(b)identify the judgment against which the appeal is brought; and

(c)state, briefly and precisely—

(i)the grounds of the appeal; and

(ii)why the Court of Appeal should grant a further appeal to the court from the District Court.

85Time for filing and serving notice

A notice of application for leave to appeal must, unless the Court of Appeal orders otherwise—

(a)be filed within the appeal period; and

(b)be served as soon as practicable on all other parties to the appeal.

86Abandoning application

(1)An applicant for leave to appeal, at any time after filing the notice, may abandon the application by giving to the registrar a notice of abandonment of application.

(2)The application is taken to be refused by the court when the notice of abandonment is given to the registrar.

(3)However, if the court considers it necessary in the interests of justice, the court may set aside the abandonment and reinstate the application.

87Definitions for pt 5

In this part—

private prosecutor means a person who presents an information against someone else under the Code, section 686.

trial prosecutor means the prosecutor before the court of trial.

88Duties of registrar

(1)This rule applies if the registrar—

(a)receives a notice of appeal or notice of application for leave to appeal about an information presented by a private prosecutor; and

(b)the registrar considers the notice shows a substantial ground of appeal.

(2)If the trial prosecutor was a Crown law officer or a Crown prosecutor, the registrar must give to the Crown law officer written notice of the appeal.

(3)If the trial prosecutor was the private prosecutor, the registrar must ask the private prosecutor or the private prosecutor’s lawyer whether the private prosecutor intends to undertake the defence of the appeal.

(4)If the private prosecutor declines to undertake the defence, the registrar must give written notice to the Crown law officer that the private prosecutor has declined to undertake the defence of the appeal.

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

(1)This rule applies if—

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

(b)the registrar or Crown law officer considers relevant material in the possession or under the control of the private prosecutor or the private prosecutor’s lawyer is needed to carry out the duties of the registrar or Crown law officer for the appeal.

(2)The registrar or Crown law officer may, by written notice, ask the private prosecutor or private prosecutor’s lawyer to give the material to the registrar or Crown law officer by a stated day.

(3)If the private prosecutor or lawyer does not comply with the request, the court may order the private prosecutor or lawyer to comply with it.

(4)In this rule—

relevant material means information, a document or anything else connected with the proceedings against the appellant.

90Court may order Crown law officer to defend appeal

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

(2)The court may—

(a)order the Crown law officer to take over the defence of the appeal and be responsible, for the State, for further proceedings in the appeal; and

(b)make any other order it considers appropriate.

91Definitions for pt 6

In this part—

appeal includes an application about an appeal and a reference by the Attorney-General.

party means a party to an appeal.

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

For the Code, section 671—

(a)the date of conviction is the day on which—

(i)the accused person pleads guilty; or

(ii)the jury gives its verdict of guilt; and

(b)the date of sentence is the day on which the court sentences the convicted person.

93Registrar to give notice of probable hearing day

If a party is or was in custody, the registrar must give written notice of the probable hearing day for the appeal to the following—

(a)the party;

(b)the chief executive (corrective services) and—

(i)the general manager of the prison in which the party is or was in custody; or

(ii)if subparagraph (i) does not apply, the person in charge of the place other than a prison in which the party is or was in custody.

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

(1)This rule applies if—

(a)an appeal is started; or

(b)the registrar is given notice that a party to an appeal disputes the accuracy of a trial transcript.

(2)The registrar must ask the trial judge who dealt with the case the subject of the appeal to give to the registrar the trial judge’s written comments on the following—

(a)the case generally;

(b)a point arising in the appellant’s case;

(c)the accuracy or otherwise of the trial transcript.

(3)The trial judge may—

(a)give the written comments if the trial judge considers it desirable to do so; and

(b)state in the comments any inaccuracy in the trial transcript, whether or not a party has alleged the inaccuracy.

(4)The trial judge’s comments given under this rule form part of the appeal record.

(5)The court may decide an appeal without the trial judge’s written comments if it considers it appropriate.

(6)This rule does not apply to an appeal under the District Court of Queensland Act 1967, section 118.

r 94 amd 2012 SL No. 150 s 60

95Registrar’s power to ask for things for court

(1)If directed by the court, the registrar must ask the person having custody of a relevant thing to give it to the registrar for an appeal before the court.

(2)The registrar may ask the person having custody of a relevant thing to give it to the registrar for an appeal if—

(a)a party asks the registrar to obtain the thing for the appeal; or

(b)the registrar considers it necessary for the court’s decision on the appeal.

(3)If the person having custody of the thing does not comply with the registrar’s request, the court may order the person to comply with it.

(4)A party may inspect the thing free of charge at a reasonable time decided by the registrar.

(5)On the court’s final decision on the appeal, the registrar must return the thing to the person from whom it was obtained.

(6)In this rule—

person having custody, of a relevant thing, means the proper officer of the court of trial, the Crown prosecutor, the Crown solicitor, or anyone else having custody of the thing.

relevant thing includes the following—

(a)the original deposition of a witness examined before a magistrate or coroner;

(b)an indictment, or abstract or copy of all or part of an indictment, against the appellant;

(c)an aid used at the trial, including for example, a transcript used as an aid to an audio or video tape.

96Service of orders and notices

(1)The following orders must be served personally, unless the court directs otherwise—

(a)an order to produce a document, exhibit or other thing for a proceeding in an appeal;

(b)an order requiring a witness to attend before the court or an examiner.

Editor’s note—

See part 7 (Miscellaneous), division 4 (Evidence and examination of witnesses).

(2)The registrar may ask the Commissioner of the Police Service to ensure that an order or notice to be given to a person by the registrar under this division is served on the person personally by a police officer.

97Appeal record book

(1)As soon as practicable after an appeal is started, the registrar must prepare a record book for the appeal and the number of copies of the book the registrar considers necessary for the appeal.

(2)The record book must contain the following documents, to the extent the registrar considers the documents necessary for the court’s decision on the appeal—

(a)the notice of appeal, notice of application for leave to appeal or notice of reference;

(b)the trial transcript;

(c)the exhibits tendered at the trial;

(d)any other document.

(3)In deciding whether a document is necessary under subrule (2), the registrar may consult with the parties.

(4)Subject to subrules (5) and (6), the appellant is responsible for paying for the preparation and copying of the appeal record book.

(5)If the appellant’s lawyer is, or is funded by, Legal Aid Queensland, the appellant is only responsible for paying for 1 copy of the appeal record book.

(6)Subrule (4) does not apply if the appellant is the Attorney-General or is not legally represented.

(7)Despite subrules (4) and (5), the court or a judge may, by order, waive all or part of the cost of preparing and copying the appeal record book.

(8)Once the appeal is completed, a party may, upon paying an amount equal to the amount paid for the preparation and copying of the book, obtain a copy of the appeal record book.

r 97 amd 2018 SL No. 127 s 29

98Parties’ access to documents and exhibits held by registrar

(1)Subject to subrules (2) to (7), a party or the party’s lawyer may, on payment to the registrar of the fee prescribed under a regulation—

(a)inspect or obtain a copy of a document or part of a document held by the registrar for the appeal; or

(b)inspect an exhibit, other than a document, held by the registrar for the appeal.

(2)If a party’s lawyer is, or is funded by, Legal Aid Queensland, the registrar must—

(a)give to the lawyer a copy of a document requested by the lawyer, free of charge, unless the registrar decides the copy is not necessary for the appeal; or

(b)allow the lawyer to inspect a document or exhibit held by the registrar for the appeal.

(3)The registrar must give a copy of a document requested by a following person to the person, or allow the person to inspect a document or exhibit held by the registrar, free of charge—

(a)the Attorney-General;

(b)the director of public prosecutions.

(4)The registrar may give a copy of a document held by the registrar to a party free of charge if—

(a)the party is not legally represented; and

(b)the party asks the registrar for the copy; and

(c)the registrar considers that, in all the circumstances, it is reasonable to give the copy to the party free of charge.

(5)The court or a judge may, by order, waive all or part of the cost of inspecting a document or exhibit or copying a document.

(6)This rule does not apply to a document the inspection of which would not be allowed under these rules if the document were not held by the registrar for an appeal, unless the registrar or a judge decides that inspection of the document is necessary for the appeal.

(7)The registrar or a judge may decide to make a document or a copy of a document available to a party’s lawyer, but not the party.

(8)In this rule—

document does not include the appeal record book and the trial transcript.

r 98 amd 2000 SL No. 203 s 15; 2018 SL No. 127 s 30

99Publication of pre-sentence and psychiatric reports

(1)The court or a judge may direct that a pre-sentence report or psychiatric report must not be published under this part to a party if the court or judge decides—

(a)the publication may adversely affect the party’s mental or physical health; and

(b)publication to the party’s lawyer will be enough to protect the party’s interest in the appeal.

(2)If a pre-sentence report or psychiatric report is published to a party’s lawyer under this rule, the lawyer must ensure the report is not disclosed to the party.

r 99 amd 2018 SL No. 127 s 31

100Returning exhibits

(1)The court in giving its final decision on an appeal may make the orders it considers appropriate about the return of an exhibit used in the appeal.

(2)If the court does not make an order under subrule (1), the exhibit must be returned to—

(a)if it was first tendered in the court—the person who tendered it; or

(b)otherwise—the proper officer of the court of trial who must return the exhibit to the party who tendered it.

(3)For the purposes of this rule, an exhibit includes a document marked for identification, other than a jury note.

(4)After the court has given its final decision on an appeal, any jury note for the appeal must be destroyed.

r 100 amd 2008 SL No. 61 s 6; 2018 SL No. 127 s 32

101Application of div 1

This division applies to—

(a)a case stating a question of law reserved under the Code, section 668B; and

(b)a case reserved under the Code, section 668C.

102What case must state

(1)A case mentioned in rule 101 must state only the facts relevant to the question or case reserved.

(2)A case mentioned in rule 101(a) must state, precisely and comprehensively, the question of law reserved and, if the accused person is convicted and the question of law is reserved before judgment—

(a)whether—

(i)judgment was pronounced and execution of the judgment was respited; or

(ii)judgment was postponed; and

(b)whether the accused person was committed into custody or given bail.

103Giving copies of case to particular persons and amending case

(1)The trial judge stating a case must give—

(a)the case and a copy of the relevant part of the trial transcript to the registrar; and

(b)a copy of the case and relevant part of the trial transcript to each of the prosecutor and the accused person.

(2)The trial judge may amend the case before the question of law is heard by the court.

(3)If the trial judge amends the case under subrule (2), the trial judge must give a copy of the amended case to each of the registrar, prosecutor and accused person as soon as possible before the question of law is heard.

104Application to judge

(1)This rule applies to a following application in which a judge may exercise the court’s powers—

(a)an application for leave to appeal;

(b)an application for extension of time in which a notice of appeal or of application for leave to appeal may be given;

(c)an application for leave for the appellant to be present at a proceeding;

(d)an application under the Code, section 671B(1)(a), (b), (d) or (e).

(2)Unless the court directs otherwise, the application must, in the first instance, be decided by the judge.

105Judge’s decision

(1)The registrar must give to the applicant written notice of the judge’s decision on an application made to the judge under this division.

(2)If the application is refused and the applicant does not apply to the court for a rehearing under rule 106, the judge’s decision is taken to be the final decision on the application.

(3)In this rule—

applicant means a person who makes an application mentioned in rule 104.

106Rehearing by court

(1)If a judge refuses an application mentioned in rule 104, the applicant may apply to the court for the application to be reheard by the court.

(2)An application under subrule (1) must be filed with the registrar within—

(a)7 days after the notice mentioned in rule 105(1) is given; or

(b)the further period allowed by the judge or court.

(3)The appellant may be present at the rehearing only with the court’s leave.

(4)The judge may sit as a member of the court and participate in the decision on the appeal.

107Application and notice of appeal by person in custody

An application or notice of appeal to the court by a person who is in custody is taken to have been given to the registrar at the time it is given to—

(a)if the person is in prison, the prison’s general manager; or

(b)if the person is in custody other than in a prison, the person in charge of the place in which the person is held in custody.

108Application for leave to adduce evidence

(1)If a party to an appeal wants to adduce evidence at the hearing of the appeal, the party must apply to the court for leave to adduce evidence.

(2)An application for leave to adduce evidence must be accompanied by an affidavit of the witness giving or producing the evidence.

(3)The affidavit must state the following—

(a)for evidence that is to be given by the witness—what the evidence is;

(b)for evidence that is to be produced by the witness—the nature of the evidence.

r 108 amd 2018 SL No. 127 s 33

109Order for examination of witness

(1)This rule applies if the court orders a witness to attend and be examined before the court or a person appointed by the court (examiner) under the Code, section 671B(1)(b).

(2)If the court orders the witness to be examined before the court, the order must state the time and place at which the witness is required to attend for the examination.

(3)If the court orders the witness to be examined before an examiner, the order must state the following—

(a)the examiner’s name;

(b)the names of the witnesses to be examined;

(c)the place for taking the examination.

(4)The registrar must ensure a copy of the order is served on each witness named in it.

110Notice of day and time for examination by examiner

(1)An examiner appointed to examine a witness under this division must give to the registrar written notice of the day and time set by the examiner for the examination.

(2)The registrar must give written notice of the day and time to the following—

(a)the party to the appeal, or the party’s lawyer (if any), who applied for the examination order;

(b)if the party who applied for the examination order is in prison, the prison’s general manager;

(c)if the party who applied for the examination order is in custody in a place other than prison, the person in charge of the place;

(d)each witness to be examined before the examiner.

(3)In this rule—

examination order means an order for the examination of a witness made by the court.

111Witnesses’ travelling expenses

(1)This rule applies to a witness who is served by a police officer with an order or notice requiring the witness to attend before the court or an examiner under this division.

(2)If the police officer considers it necessary, the police officer may pay to the witness a reasonable amount for the witness’s travelling expenses from the witness’s place of residence to the place stated in the order or notice as the place for the examination.

(3)The amount paid to the witness under subrule (2) must not be more than the amount approved by the Crown law officer for the travelling expenses.

(4)The police officer must give to the registrar a certificate certifying the amount paid to the witness.

(5)The amount certified under subrule (4) is taken to be a cost of the prosecution.

112Parties may attend examination

A party to an appeal to which an examination under this division relates, or the party’s lawyer, may attend the examination and participate in the examination of any witness.

113Registrar to give examiner documents or other things for examination

(1)If asked by an examiner, the registrar must give to the examiner any documents or other things relating to the appeal to which the examination relates.

(2)After the examination, the examiner must give to the registrar—

(a)the documents and other things obtained under subrule (1); and

(b)the depositions taken by the examiner in the examination.

114Procedure for examination

(1)A witness giving evidence before an examiner must give the evidence on oath, unless, if the evidence were given in a trial, the evidence need not be given on oath.

(2)The examiner must administer the oath to the witness.

(3)An examiner taking a deposition from a witness must—

(a)take the deposition in private; and

(b)ensure it is—

(i)written; and

(ii)read to the witness; and

(iii)signed by the witness and the examiner.

115Content of order

(1)This rule applies to a court order referring a question for inquiry and report to a commissioner under the Code, section 671B(1)(d).

(2)The order must state—

(a)the question referred; and

(b)the name of the commissioner to whom it is referred.

(3)The court may, in the order, or at any time by direction, do the following—

(a)state whether a party to the appeal to which the order relates, or the party’s lawyer, may attend all or part of the examination or investigation the subject of the order;

(b)if the appellant is in custody—

(i)give leave to the appellant to attend any stage of the examination or investigation; or

(ii)give any necessary directions to—

(A)if the appellant is in prison, the prison’s general manager; or

(B)if the appellant is in custody in a place other than prison, the person in charge of the place;

(c)state the powers the commissioner may exercise under the order;

(d)require the commissioner to make interim reports to the court on the question referred under the order;

(e)require the registrar to give copies of any report made by the commissioner to the parties or their lawyers.

116Notice of appeal decision

(1)This rule applies to—

(a)an appeal or application about an appeal heard by the court; or

(b)an application about an appeal heard by a judge.

(2)As soon as practicable after the court or judge gives the final decision on the appeal or application, the registrar must, by written notice, give the particulars of the decision to the following persons—

(a)the appellant;

(b)the respondent;

(c)the chief executive (corrective services);

(d)the proper officer of the court of trial;

(e)any person who was given the court’s leave to attend and be heard on the appeal.

(3)The proper officer of the court of trial must keep a record of the particulars.

117Registrar to notify appellant of application result

(1)This rule applies if an appellant is in custody and was not present at the hearing of an application about the appellant’s appeal before the court or a judge.

(2)The registrar must give to the appellant written notice of the decision of the court or judge on the application.

118Trial judge’s certificate

If a trial judge certifies under the Code, section 668D(1)(b) that a case is fit for appeal, the trial judge must give the certificate to the convicted person to whom the case relates.

119Dealing with fine pending appeal

(1)This rule applies if a convicted person is sentenced to pay a fine.

(2)An amount paid by the person as the fine, or part of the fine, must be kept by the proper officer of the court until—

(a)the end of the appeal period; or

(b)if the convicted person starts an appeal, the final decision on the appeal.

(3)Subject to a court order, if the person appeals successfully against the conviction or sentence, the proper officer must refund to the person the amount decided by the court on the appeal.

120Warrants issued by court taken to be issued under Justices Act 1886

A warrant for the apprehension of an appellant issued by the court under this chapter is taken to be, for all purposes, a warrant issued by a justice for the apprehension of the person under the Justices Act 1886.

121Registrar’s certificate about expenses allowed on appeal

(1)The registrar must give to the Crown law officer a certificate certifying the amounts allowed by the registrar under the Code, section 671F for expenses on an appeal.

(2)Subject to the Code, section 671F, a person named in the certificate to whom an amount stated in the certificate is proposed to be paid may ask the court or a judge to review the amount.

(3)The request must be written and given to the registrar within 14 days after the day the registrar gives the certificate.

(4)The registrar must amend the certificate if directed to do so by the court or judge on the review.

(5)A person can not appeal against or question in any way—

(a)a certificate for which an application for review has not been made under this rule; or

(b)a certificate that has been amended under subrule (4).

(6)A certificate mentioned in subrule (5)(a) or (b) is sufficient authority for the payment to a person named in the certificate of the amount stated in the certificate as payable to the person.

122Repeal

The Criminal Practice Rules 1900 are repealed.

ch 17 hdg ins 2010 Act No. 26 s 45

123Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010

(1)On the commencement of this rule, rules 59 and 62, and schedule 6, definition court, as amended by the amending Act, and the relevant rule 5 amendment, have effect in relation to a proceeding, regardless of when the proceeding was commenced.

(2)To remove any doubt, it is declared that chapter 9A, as inserted by the amending Act, applies to a proceeding only if the Criminal Code, chapter 62, chapter division 4A or the Justices Act 1886, part 4, division 10B applies to the proceeding.

(3)In this rule—

amending Act means the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010.

relevant rule 5 amendment means the amendment of rule 5 by the amending Act to the extent the amendment inserts a reference to chapter 14.

r 123 ins 2010 Act No. 26 s 45

rules 12 to 14

sch 2 form 1 amd 2023 SL No. 133 s 3

sch 2 form 2 amd 2000 SL No. 203 s 17; 2023 SL No. 133 s 3

sch 2 form 3 amd 2023 SL No. 133 s 3

rules 13 to 15

sch 3 form 13 amd 2010 SL No. 187 s 4 (2)

sch 3 form 14 amd 2010 SL No. 187 s 4 (3)–(4)

sch 3 form 15 amd 2010 SL No. 187 s 4 (5)

sch 3 form 16 prev sch 3 form 16 om 2010 SL No. 187 s 4 (6)

pres sch 3 form 16 ins 2020 SL No. 239 s 4 (1)

sch 3 form 19 prev sch 3 form 19 om 2010 SL No. 187 s 4 (6)

pres sch 3 form 19 ins 2020 SL No. 239 s 4 (2)

sch 3 form 20 prev sch 3 form 20 om 2010 SL No. 187 s 4 (6)

pres sch 3 form 20 ins 2020 SL No. 239 s 4 (2)

sch 3 pt 2 ch 9 hdg amd 2010 SL No. 187 s 4 (7)

sch 3 form 26 sub 2010 SL No. 187 s 4 (8)

amd 2020 SL No. 239 s 8 sch 1 pt 1

sch 3 form 31 amd 2010 SL No. 187 s 4 (10)

sch 3 form 32 amd 2010 SL No. 187 s 4 (10)

sch 3 form 33 amd 2010 SL No. 187 s 4 (11)

sub 2020 SL No. 239 s 4 (4)

sch 3 form 37 prev sch 3 form 37 om 2010 SL No. 187 s 4 (12)

pres sch 3 form 37 ins 2020 SL No. 239 s 4 (5)

sch 3 pt 2 ch 9A hdg ins 2020 SL No. 239 s 4 (5)

sch 3 form 37A ins 2020 SL No. 239 s 4 (5)

sch 3 form 39 sub 2010 SL No. 187 s 4 (13)

sch 3 pt 3 hdg amd 2020 SL No. 239 s 4 (6)

sch 3 pt 3 ch 12 hdg sub 2020 SL No. 239 s 4 (7)

sch 3 form 42A ins 2020 SL No. 239 s 4 (8)

sch 3 form 43 amd 2020 SL No. 239 s 8 sch 1 pt 1

sch 3 form 48A ins 2010 SL No. 187 s 4 (15)

amd 2020 SL No. 239 s 8 sch 1 pt 1

sch 3 form 54 sub 2010 SL No. 187 s 4 (16)

amd 2020 SL No. 239 s 4 (9)–(10)

sch 3 form 54A ins 2010 SL No. 187 s 4 (16)

amd 2020 SL No. 239 s 4 (11)

sch 3 form 54B ins 2010 SL No. 187 s 4 (16)

amd 2020 SL No. 239 s 4 (11)

sch 3 form 54C ins 2010 SL No. 187 s 4 (16)

amd 2020 SL No. 239 s 4 (11)

sch 3 form 54D ins 2010 SL No. 187 s 4 (16)

sch 3 form 54E ins 2010 SL No. 187 s 4 (16)

amd 2020 SL No. 239 s 4 (11)

sch 3 form 54F ins 2010 SL No. 187 s 4 (16)

sch 3 form 55 sub 2010 SL No. 187 s 4 (16)

sch 3 form 56 sub 2010 SL No. 187 s 4 (16)

sch 3 form 57 sub 2010 SL No. 187 s 4 (16)

sch 3 form 63 amd 2010 SL No. 187 s 4 (18)

sch 3 form 65 sub 2010 SL No. 187 s 4 (19)

sch 3 form 66 sub 2010 SL No. 187 s 4 (19)

sch 3 form 67 sub 2010 SL No. 187 s 4 (19)

sch 3 form 68 sub 2010 SL No. 187 s 4 (19)

sch 3 form 69 sub 2010 SL No. 187 s 4 (19)

sch 3 form 74A ins 2003 SL No. 42 s 3 (1)

amd 2010 SL No. 187 s 4 (20)–(21)

sub 2020 SL No. 239 s 4 (12)

sch 3 form 75 amd 2003 SL No. 42 s 3 (2)–(3)

sch 3 form 77 amd 2003 SL No. 42 s 3 (4); 2020 SL No. 239 s 8 sch 1 pt 1

sch 3 form 80 amd 2010 SL No. 187 s 4 (22); 2020 SL No. 239 s 8 sch 1 pt 1

sch 3 form 82 sub 2010 SL No. 187 s 4 (23)

sch 3 form 83 amd 2010 SL No. 187 s 4 (24)

sch 3 form 84 amd 2000 SL No. 203 s 18 (1)

sch 3 form 86 sub 2010 SL No. 187 s 4 (25)

sch 3 form 90 sub 2010 SL No. 187 s 4 (27)

sch 3 form 94 amd 2020 SL No. 239 s 8 sch 1 pt 1

sch 3 form 102 sub 2010 SL No. 187 s 4 (29)

sch 3 form 110A ins 2020 SL No. 239 s 4 (14)