Criminal Practice Amendment Rule (No. 1) 2009 (Qld)

Queensland Criminal Practice Amendment Rule (No. 1) 2009 Subordinate Legislation 2009 No. 147 made under the Supreme Court of Queensland Act 1991 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of r 41 (Application of ch 9) . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new r 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 42A Affidavit to accompany application for no jury order. . 2 5 Amendment of r 46 (Procedure on arraignment—Code, s 594). . 3 6 Insertion of new r 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 57A Duties of proper officer of the court about court records ............................... 3 7 Amendment of r 60 (Access to transcript) . . . . . . . . . . . . . . . . . . 4

Criminal Practice Amendment Rule (No. 1) 2009 [s 1] 1 Short title This rule may be cited as the Criminal Practice Amendment Rule (No. 1) 2009 . 2 Rules amended This rule amends the Criminal Practice Rules 1999. 3 Amendment of r 41 (Application of ch 9) Rule 41, ‘section 592A’ and footnote— omit, insert — ‘section 590AA’. 4 Insertion of new r 42A After rule 42— insert — ‘42A Affidavit 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 Page 2 2009 SL No. 147

Criminal Practice Amendment Rule (No. 1) 2009 [s 5] (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.’. 5 Amendment of r 46 (Procedure on arraignment—Code, s 594) (1) Rule 46, heading, ‘s 594’— omit, insert — ‘ s 597C ’. (2) Rule 46(2), ‘section 594’— omit, insert — ‘section 597C’. 6 Insertion of new r 57A Chapter 12, after rule 57— insert — ‘57A Duties 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.’. 2009 SL No. 147 Page 3

Criminal Practice Amendment Rule (No. 1) 2009 [s 7] 7 Amendment of r 60 (Access to transcript) Rule 60(2), ‘ 1992 ’— omit, insert — ‘ 2008 ’. ENDNOTES 1 Made by the Governor in Council on 9 July 2009. 2 Notified in the gazette on 10 July 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2009 Page 4 2009 SL No. 147