Criminal Appeal Rules (Amendment No 1) 2012 (NSW)

2012 No 168

New South Wales

Criminal Appeal Rules (Amendment

No 1) 2012

under the

Supreme Court Act 1970

The Supreme Court Rule Committee has made the following rules of court under the

Supreme Court Act 1970.

Steven Jupp

Secretary of the Rule Committee

Explanatory note
The object of these Rules is to amend the Criminal Appeal Rules to update certain references in rule 67A to repealed provisions of the Supreme Court Rules 1970 concerning the taking of evidence by telephone, video link or other form of communication that are now located in the Uniform Civil Procedure Rules 2005.

These Rules will also update references inserted by these Rules to provisions of Part 32 of the Uniform Civil Procedure Rules 2005 when that Part is replaced by the Uniform Civil Procedure Rules (Amendment No 51) 2011. Currently, Part 32 provides for the practice and procedure in relation to the Evidence and Procedure (New Zealand) Act 1994 of the Commonwealth. That Act is to be replaced by the Trans-Tasman Proceedings Act 2010 of the Commonwealth when it commences. The Uniform Civil Procedure Rules (Amendment No 51) 2011, which will commence with the new Commonwealth Act, replaces the existing Part 32 with a new Part setting out the practice and procedure in relation to the new Commonwealth Act.

Published LW 4 May 2012	Page 1
2012 No 168
Rule 1	Criminal Appeal Rules (Amendment No 1) 2012

Criminal Appeal Rules (Amendment No 1) 2012

under the

Supreme Court Act 1970

1      Name of Rules

These Rules are the Criminal Appeal Rules (Amendment No 1) 2012.

2      Commencement

(1)	These Rules commence on the day on which they are published on the NSW legislation website, except as provided by subrule (2).
(2)	If the Uniform Civil Procedure Rules (Amendment No 51) 2011 commence after the day on which these Rules are published on the NSW legislation website, rule 3 (2) commences on the day on which those Rules commence.

3 Amendment of Criminal Appeal Rules

(1) Rule 67A Evidence by audio-visual method or by telephone

Omit “Part 36 rule 2A and Part 36A rules 7 and 8 of the Supreme Court

Rules 1970” from rule 67A (1).

Insert instead “Rules 31.3, 32.6 and 32.7 of the Uniform Civil

Procedure Rules 2005”.

(2)	Rule 67A (1) (as amended by subrule (1))
Omit “31.3, 32.6 and 32.7”. Insert instead “31.3 and 32.13”.
(3)	Rule 67A (2)
Omit “Directions under Part 36 rule 2A may not be given if they prevent” and “relate”.
Insert “An order under rule 31.3 of the Uniform Civil Procedure Rules 2005 may not be made if it prevents” and “relates”, respectively.