Criminal Practice Rules 1900 (QLD)

Queensland Supreme Court of Queensland Act 1991 CRIMINAL PRACTICE RULES 1900 Reprinted as in force on 25 July 1996 (includes amendments up to SL No. 212 of 1995) Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint These rules are reprinted as at 25 July 1996. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland CRIMINAL PRACTICE RULES 1900 TABLE OF PROVISIONS Rule Page RULES OF COURT ORDER 1—APPLICATION OF CIVIL PRACTICE RULES: INTERPRETATION: TITLE OF PROCEEDINGS 1 Application of rules of civil procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Interpretation of terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 Title of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ORDER 2—COMPLAINTS AND INDICTMENTS 1 Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Form of statement of offences in indictments . . . . . . . . . . . . . . . . . . . . . . . . 12 3 Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ORDER 3—PROCEEDINGS AT TRIAL ON INDICTMENT 1 Subsequent pleadings to be oral . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Challenges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ORDER 4—INFORMATIONS BY PRIVATE PERSONS 1 Application for leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2 Charges against judicial officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Prosecutor’s address for service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 Plea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6 Service of notices etc. on defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ORDER 5—BENCH WARRANTS 1 Application for bench warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 On information by leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Criminal Practice Rules 1900 ORDER 6—BAIL AND RECOGNISANCES 1 Application for bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 Estreat of recognisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Enlargement of undertaking as to bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ORDER 6A—SUBPOENAS 1 Subpoenas after information or indictment . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Subpoenas after committal and before indictment . . . . . . . . . . . . . . . . . . . . 16 3 Forms of writs of subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Production of medical, hospital and government records . . . . . . . . . . . . . . . 16 5 Proper officer’s obligations in relation to produced record . . . . . . . . . . . . . . 17 6 Objection to inspection or copying of produced record . . . . . . . . . . . . . . . . 17 7 Crown’s obligation when record to be adduced in evidence . . . . . . . . . . . . 18 8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ORDER 6B—EVIDENCE 1 Evidence by telephone, video link or another form of communication . . . . 19 ORDER 7—TRIAL AT BAR 1 To be order by Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2 Application how made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3 Terms may be imposed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4 Jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 5 Copy pleadings for judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6 Trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ORDER 8—JUDGMENTS 1 Entry of findings of fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2 Certificate for entry of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3 Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4 Respite for proceedings in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ORDER 9 1 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Forms 3 Sittings of the court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4 Reservation of points of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

3 Criminal Practice Rules 1900 Notices of appeal 5 Notices of appeal to be signed by appellant and addressed to registrar . . . 24 Shorthand writers and transcript of notes Certificate of judge of trial 7 Judge’s certificate, under section 668D(b) . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Appeals where fine only is inflicted 8 Where fine imposed on conviction to be retained pending appeal . . . . . . . 27 Custody of exhibits used at trial 9 Directions as to custody of exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9A Inspection of exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Order made at trial—consequential orders and suspension of same pending appeal 10 Varying order of restitution of property—persons affected may appear on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 11 Non-suspension of orders for restitution etc. to be subject to property or a sample etc. being necessary for purposes of appeal . . . . . . . . 30 12 Temporary suspension of orders made on conviction, as to money, rewards, costs etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 13 Period of suspension of orders under section 670 . . . . . . . . . . . . . . . . . . . . . 32 14 Certificate of conviction not to issue for 14 days after conviction . . . . . . . 33 Report of judge of trial 15 Trial judge’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 16 Registrar to furnish judge of court of trial with materials for report . . . . . . 34 16A Publication of pre-sentence and psychiatric reports . . . . . . . . . . . . . . . . . . . 34 Notices of appeal and period for appealing; abandonment of appeal 17 Obligation on appellants to fill up forms of appeal notices and answer questions thereon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 18 Time for appealing against conviction to run from verdict . . . . . . . . . . . . . 35 19 Time for appealing against sentence to run from pronouncement of sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 19A Appeals against sentence and references by the Attorney-General . . . . . . . 36 20 Registrar to require proper officer of court of trial or other person having the custody thereof to furnish the registrar with depositions, indictments, pleas etc. for use of Court of Appeal . . . . . . . . . . . . . . . . . . . . 36

4 Criminal Practice Rules 1900 21 Notice of application for leave to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 22 Abandonment of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 23 Notice of application for extension of time for appealing . . . . . . . . . . . . . . 37 Proceedings before judge or Appeal Court under section 671L 24 How application for leave to appeal and other preliminary applications are to be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Duties of prosecutors 25 Registrar’s duties as to ascertaining respondent . . . . . . . . . . . . . . . . . . . . . . 39 26 Court may at any stage substitute the Crown law officer for a private prosecutor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Procedure on application 27 Presence of appellant on bail, at hearing of the appellant’s appeal . . . . . . 40 29 Warders etc. to attend sittings of Court of Appeal . . . . . . . . . . . . . . . . . . . . 41 30 Registrar on application of appellant or respondent, or where the registrar thinks necessary, to obtain documents, exhibits etc. for purposes of appeal, and same to be open for inspection . . . . . . . . . . . . . . . 41 Notifying result of appeals 31 On final determination of appeals etc. registrar to notify appellant, prison superintendent, Corrective Services Commission . . . . . . 42 32 Registrar to notify officer of court of trial result of appeal . . . . . . . . . . . . . . 42 33 Registrar after appeal to return original depositions, exhibits, indictment etc. to officer of court of trial when received from officer . . . . 43 New trials Copies of documents for use of appellants 36 How appellant or respondent may obtain from registrar copies of documents, exhibits and transcripts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Procedure as to witnesses before Court of Appeal, and their examination before examiner 37 Attendance of witness before Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . 45 38 Proceedings under section 671B(1)(d) on reference . . . . . . . . . . . . . . . . . . 47 Cause lists 39 Register of appeals to be kept by the registrar . . . . . . . . . . . . . . . . . . . . . . . 47 Appeals by the Crown from decisions of Court of Appeal under section 672 40 Notice of order to stay under section 672(1) . . . . . . . . . . . . . . . . . . . . . . . . . 48

5 Criminal Practice Rules 1900 41 Payment of expenses under section 671F . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Miscellaneous provisions 43 Service of orders and notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 44 Notice by registrar to appellant of results of all applications . . . . . . . . . . . 51 45 Non-compliance with rules not wilful may be waived by court . . . . . . . . . . 51 46 Enforcing duties under rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 47 Warrants for arrest of appellants to be deemed to be warrants issued under Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 48 A petitioner under section 672A(a), to be deemed an appellant for all purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 49 Reference to court under section 672A(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 ORDER 10—PROCEEDINGS IN ERROR 1 Error on judgment of Supreme Court or Circuit Court . . . . . . . . . . . . . . . . . 53 2 Record to be drawn up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 3 Error on judgment of inferior court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 4 Return to writ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 5 Assignment of error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 6 How made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 7 Transfer of custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 8 Service—notice to join in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 9 Joinder in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 10 Setting down for argument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 11 Judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 12 Proceedings in default of joinder in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 13 Certificate of judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 14 Bail pending proceedings in error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 15 Certificate of registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 16 Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 17 Fine repaid to be again paid on affirmance . . . . . . . . . . . . . . . . . . . . . . . . . . 57 ORDER 11—ARTICLES OF THE PEACE 1 Leave to file . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 2 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 3 Form of articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

6 Criminal Practice Rules 1900 4 Motion to show cause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 5 Order for security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 6 Default in giving security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 7 Application to Circuit Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 8 Removal of articles of the peace from Circuit Court . . . . . . . . . . . . . . . . . . 59 ORDER 12—CERTIORARI TO INFERIOR COURTS 1 Title of affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 2 Grounds for removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 3 Security for costs of prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 4 Time and notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 5 Objections to be stated in order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 6 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 7 Security for costs on certiorari to bring up convictions or orders of justices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 8 Quashing order in first instance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 9 When no cause shown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 ORDER 13—APPEALS FROM JUSTICES 1 Title of affidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2 Title of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 3 Grounds to be stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 4 Service on Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 6 Date of appeal to be noted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 7 Setting down . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 ORDER 14—FORMS 1 Schedule of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 2 Use of forms of statements of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 64 FORMS OF PROCEEDINGS INDEX OF FORMS UNDER CRIMINAL APPEAL RULES PART 1—FORMS RELATING TO INDICTMENTS, INFORMATIONS, AND COMPLAINTS SECTION 1—FORMAL PARTS A—TITLES

7 Criminal Practice Rules 1900 B—INTRODUCTORY PART SECTION 2—STATEMENT OF OFFENCES A—OFFENCES AGAINST PUBLIC ORDER 1—TREASON AND OTHER OFFENCES AGAINST THE SOVEREIGN’S PERSON AND AUTHORITY 2—SEDITION 3—OFFENCES AGAINST THE EXECUTIVE AND LEGISLATIVE POWER 4—UNLAWFUL ASSEMBLIES: BREACHES OF THE PEACE 5—OFFENCES AGAINST POLITICAL LIBERTY 6—PIRACY B—OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY 1—DISCLOSING OFFICIAL SECRETS 2—CORRUPTION AND ABUSE OF OFFICE 3—CORRUPT AND IMPROPER PRACTICES AT ELECTIONS 4—SELLING AND TRAFFICKING IN OFFICES 5—OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE 6—ESCAPES: OBSTRUCTING OFFICERS OF COURTS 7—OFFENCES RELATING TO THE COIN 8—OFFENCES RELATING TO POSTS AND TELEGRAPHS 9—MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY C—ACTS INJURIOUS TO THE PUBLIC IN GENERAL 1—OFFENCES RELATING TO RELIGIOUS WORSHIP 2—OFFENCES AGAINST MORALITY 3—NUISANCES: MISCONDUCT RELATING TO CORPSES 4—OFFENCES AGAINST PUBLIC HEALTH 5—MISCELLANEOUS OFFENCES D—OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES AND AGAINST THE REPUTATION OF INDIVIDUALS 1—HOMICIDE: SUICIDE: CONCEALMENT OF BIRTH 2—OFFENCES ENDANGERING LIFE OR HEALTH

8 Criminal Practice Rules 1900 3—ASSAULTS 4—ASSAULTS ON FEMALES: ABDUCTION 5—OFFENCES AGAINST LIBERTY 6—OFFENCES RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES 7—DEFAMATION E—OFFENCES RELATING TO PROPERTY AND CONTRACTS 1—STEALING 2—OFFENCES ANALOGOUS TO STEALING 3—STEALING WITH VIOLENCE: EXTORTION BY THREATS 4—BURGLARY: HOUSEBREAKING: AND LIKE OFFENCES 5—OBTAINING PROPERTY BY FALSE PRETENCES: CHEATING 6—RECEIVING PROPERTY STOLEN OR FRAUDULENTLY OBTAINED AND LIKE OFFENCES 7—FRAUDS BY TRUSTEES AND OFFICERS OF COMPANIES AND CORPORATIONS: FALSE ACCOUNTING 8—OFFENCES ANALOGOUS TO STEALING PUNISHABLE ON SUMMARY CONVICTION 9—INJURIES TO PROPERTY 10—FORGERY AND LIKE OFFENCE 11—FORGERY AND LIKE OFFENCES PUNISHABLE ON SUMMARY CONVICTION 12—PREPARATION FOR FORGERY 13—PERSONATION 14—FRAUDULENT DEBTORS 15—OTHER OFFENCES F—PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES AFTER THE FACT 1—ATTEMPTS AND PREPARATIONS TO COMMIT OFFENCES 2—CONSPIRACY 3—ACCESSORIES AFTER THE FACT G—OFFENCES PARTLY COMMITTED OUT OF QUEENSLAND

9 Criminal Practice Rules 1900 GA—OFFENCES ON HIGH SEAS H—OFFENCES AGAINST SOME IMPERIAL LAWS 1—OFFENCES AGAINST FOREIGN ENLISTMENT ACT 2—PIRACY 3—OFFENCES AGAINST PACIFIC ISLANDERS’ PROTECTION ACT 1872 SECTION 3—PROCESS TO COMPEL APPEARANCE SECTION 4—FORMS OF PROCEEDINGS AT TRIAL SECTION 5—FORMS OF ENTRIES OF PLEAS ETC. SECTION 6—FORMS OF ENTRIES OF VERDICT, JUDGMENT ETC. SECTION 7—FORMS OF APPLICATIONS AND APPROVALS FOR EXAMINATION OF A PERSON IN CUSTODY PART 2—SPECIAL FORMS INCIDENT TO INFORMATIONS BY PRIVATE PERSONS PART 3—FORMS RELATING TO BAIL AND RECOGNISANCES PART 4—FORMS RELATING TO PROCEEDINGS IN ERROR PART 5—FORMS RELATING TO ARTICLES OF THE PEACE PART 6—FORMS RELATING TO CERTIORARI TO INFERIOR COURTS PART 7—FORMS RELATING TO HABEAS CORPUS IN CRIMINAL CASES PART 8—FORMS RELATING TO APPEALS FROM JUSTICES PART 9—FORMS RELATING TO SUBPOENAS PART 9—FORMS UNDER CRIMINAL APPEAL RULES ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 333 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336

o 1, r 1 11 Criminal Practice Rules 1900 o 1, r 2 CRIMINAL PRACTICE RULES 1900 [as amended by all amendments that commenced on or before 25 July 1996] RULES OF COURT 1. The following rules may be cited as the Criminal Practice Rules 1900 . 2. They shall come into operation on 1 January 1901 and shall also apply, so far as may be practicable, to all proceedings taken on and after that day in all causes and matters then pending. ORDER 1—APPLICATION OF CIVIL PRACTICE RULES: INTERPRETATION: TITLE OF PROCEEDINGS ˙ Application of rules of civil procedure 1. In the application of the rules of the Supreme Court to proceedings in its criminal jurisdiction— “cause ” shall be deemed to include any prosecution or other proceeding. ˙ Interpretation of terms 2. In these rules— “a Queen’s prison” means and includes the gaols at Brisbane, Rockhampton, and Townsville respectively, and any other prison duly appointed under the laws relating to prisons, and also any other place of confinement in which the person in question may be lawfully confined, under process of the Supreme Court, otherwise than in execution of a judgment after conviction of an offence.

o1, r 3 12 Criminal Practice Rules 1900 o 2, r 3 “plaintiff in error” means a party by whom proceedings in error are taken under the provisions of these rules. “the Code” means the Criminal Code. ˙ Title of proceedings 3.(1) Every proceeding in the Supreme Court in its criminal jurisdiction shall be entitled ‘In the Supreme Court of Queensland’. (2) If the proceeding is taken in the Central Court or Northern Court, the word ‘Rockhampton’ or ‘Townsville’ shall be added, as the case requires. ORDER 2—COMPLAINTS AND INDICTMENTS ˙ Title 1. Every indictment shall be entitled ‘In the Supreme Court of Queensland’ or, in the case of an indictment presented in a Circuit Court, ‘Queensland: In the Circuit Court at B.’ or in the case of an indictment presented in a District Court, ‘Queensland: In the District Court holden at B’. ˙ Form of statement of offences in indictments 2.(1) The statement of the offence in an indictment may be in such of the forms in the schedule as is applicable to the case. (2) In the case of any offence in respect of which no form is given in the schedule, the statement shall be, as nearly as may be, in accordance with the analogous form in the schedule; and, if there is no such form, it shall be sufficient to state the offence in the words of the Code or other statute under which the indictment is presented. ˙ Complaints 3. Similar forms may be used in complaints before justices.

o 3, r 1 13 Criminal Practice Rules 1900 o 4, r 2 ORDER 3—PROCEEDINGS AT TRIAL ON INDICTMENT ˙ Subsequent pleadings to be oral 1. At the trial of a person charged upon an indictment all pleadings subsequent to the indictment may be made orally; but the pleadings shall be reduced into writing so far as may be necessary for the purposes of recording the proceedings at the trial. ˙ Challenges 2. Challenges, and pleas and demurrers to challenges, may be made orally in the first instance, but the court may require them to be reduced into writing and handed to the proper officer by the party making the same. ORDER 4—INFORMATIONS BY PRIVATE PERSONS ˙ Application for leave 1. Applications for leave to present an information against any person for an indictable offence shall be made by motion in open court for an order calling on the accused person to show cause why the leave should not be granted. ˙ Charges against judicial officers 2.(1) An order nisi shall not be granted upon an application for leave to present an information against a judicial officer for anything done in the judicial officer’s capacity as such officer unless it is proved upon affidavit that the applicant has, 6 days before making the application, given to the person intended to be accused written notice of the judicial officer’s intention to make the application, setting forth a distinct statement of the alleged offence.

o 4, r 3 14 Criminal Practice Rules 1900 o 5, r 1 (2) Such notice must be served on the person intended to be accused either personally or by leaving it at the accused person’s usual or last known place of residence with some member of the household. ˙ Prosecutor’s address for service 3. The copy information for service shall have indorsed thereon a statement of a proper place, to be called the prosecutor’s address for service, which shall be not more than 1.61 km from the registry, where any proceedings in the cause may be left for the prosecutor. ˙ Appearance 4. An appearance to an information shall be in the like form, and shall be entered in the same manner, as an appearance to a writ of summons in an action; and notice of appearance shall be given as in that case. ˙ Plea 5.(1) If the defendant appears by solicitor, the defendant may also plead by solicitor. (2) The copy of the plea shall be delivered to the prosecutor at the prosecutor’s address for service. ˙ Service of notices etc. on defendant 6. All notices and other documents required to be served on the accused person may be served on the accused person at his or her address for service stated in the accused person’s memorandum of appearance. ORDER 5—BENCH WARRANTS ˙ Application for bench warrant 1. An application for a warrant to arrest a person against whom an

o 5, r 2 15 Criminal Practice Rules 1900 o 6, r 6 indictment has been presented may be made upon production to the judge of the original indictment or an office copy thereof, without other evidence. ˙ On information by leave 2. In the case of an information presented by leave, such warrant shall not be granted, except by order of the court made at the time of giving leave, without evidence on oath showing that the accused person is likely to abscond, or that for other reasons the accused person’s arrest is necessary in the interests of justice. ORDER 6—BAIL AND RECOGNISANCES ˙ Application for bail 1.(1) Applications for bail shall be made upon notice of motion or summons served on the Crown Solicitor. (2) A copy of the depositions or other documents showing the cause of the custody of the applicant shall be produced to the court or judge on the hearing of the application. ˙ Estreat of recognisance 5. Applications to estreat recognisances shall be made in the same manner in which applications to enforce a security given in an action are required to be made. ˙ Enlargement of undertaking as to bail 6. When application is made to a court to enlarge an undertaking as to bail by which an accused person or a surety is bound, the undertaking shall be produced to the court.

o 6A, r 1 16 Criminal Practice Rules 1900 o 6A, r 4 ORDER 6A—SUBPOENAS ˙ Subpoenas after information or indictment 1. When an indictment or information has been presented in any court against any person for an indictable offence, the Crown or the accused person may, by a writ of subpoena ad testificandum or subpoena duces tecum to be issued in accordance with the practice of the court, require the attendance of any person, or the production of any document, before the court at the trial. ˙ Subpoenas after committal and before indictment 2. When a person has been committed for trial before any court for an indictable offence, the Crown or the person so committed may obtain from the Supreme Court a writ of subpoena ad testificandum or a writ of subpoena duces tecum, requiring the attendance of any person, or the production of any document, before the court at the sittings for which the committal is made, although an indictment has not been presented against such person. ˙ Forms of writs of subpoena 3. Writs of subpoena shall be in the appropriate form in the schedule with such variations as circumstances may require. ˙ Production of medical, hospital and government records 4.(1) If a subpoena requires the production of a document that— (a) is a medical or hospital record; or (b) is a record of a department of government, or a statutory authority, of a State or the Commonwealth; it is sufficient compliance with the subpoena if the record is produced to the proper officer at least 1 clear day before the time specified in the subpoena for the production of the record.

o 6A, r 5 17 Criminal Practice Rules 1900 o 6A, r 6 (2) The proper officer must give a receipt to the person producing the record if the person asks for a receipt. ˙ Proper officer’s obligations in relation to produced record 5. The proper officer must— (a) keep a produced record in a safe place; and (b) on payment of the prescribed fee by a relevant party to the proceeding to which the record relates— (i) permit the party to inspect, or take extracts from, the record in the proper officer’s office; and (ii) give a copy of the record, or part of the record, to the party; and (c) produce the record to the court as the court directs. ˙ Objection to inspection or copying of produced record 6.(1) This rule applies if— (a) a person produces a record to the proper officer under rule 4; and (b) the person makes written objection to the proper officer to the inspection or copying of the record, or a specified part of the record; and (c) the person makes the objection when the record is produced; and (d) the objection states the grounds of the objection. (2) The proper officer must not, without the leave of the court or a judge— (a) permit a relevant party to inspect, or take extracts from, the produced record, or specified part of the record; or (b) give to a relevant party a copy of the produced record, or specified part of the record. (3) This rule applies despite rule 5.

o 6A, r 7 18 Criminal Practice Rules 1900 o 6A, r 8 ˙ Crown’s obligation when record to be adduced in evidence 7.(1) If the Crown intends to adduce in evidence in a proceeding a produced record, or a part of a produced record, that can be inspected under rule 5 or 6(2), it must give to the other relevant party— (a) notice of its intention; and (b) a copy of the record, or part of the record, the Crown proposes to adduce in evidence. (2) The Crown must comply with subrule (1) a reasonable time before the record or part is adduced by it in evidence. (3) A fee is not payable to the Crown for the copy of the record or part of the record. ˙ Definitions 8. In this order— “prescribed fee” means— (a) for inspecting a produced record—$10; or (b) for a copy of a produced record or part of a produced record— (i) $1.30 per page for the first copy; and (ii) $0.50 per page for each additional copy. “produced record” means a record produced to the proper officer under rule 4. “proper officer” means— (a) for the Supreme Court—the sheriff, and includes the northern or central sheriff and a deputy or under sheriff; and (b) for a District Court—the registrar. “relevant party” means— (a) the Crown; or (b) an accused person or a person committed for trial; or (c) the legal representative of a person mentioned in paragraph (b).

o 6B, r 1 19 Criminal Practice Rules 1900 o 7, r 4 ORDER 6B—EVIDENCE ˙ Evidence by telephone, video link or another form of communication 1.(1) The Court, a Judge or a Magistrate may, in a proceeding for an indictable or simple offence, determine to receive evidence or submissions by telephone, video link or another form of communication. (2) The Court, the Judge or the Magistrate may impose conditions under subrule (1). ORDER 7—TRIAL AT BAR ˙ To be order by Court of Appeal 1.(1) A trial at bar shall not be had except by order of the Court of Appeal. (2) The order may be made at any time after plea. ˙ Application how made 2. An application for a trial at bar shall be by motion for an order nisi, except when made by the Attorney-General on behalf of the Crown, when the order shall be absolute in the first instance, as of course. ˙ Terms may be imposed 3. On making the order absolute for a trial at bar the court may impose such terms on the applicant as to payment of costs or otherwise as the court may think fit. ˙ Jury 4 . The court may direct that the jury shall be summoned from the district

o 7, r 5 20 Criminal Practice Rules 1900 o 8, r 2 in which the offence is alleged to have been committed or from any other district. ˙ Copy pleadings for judges 5. Four days at least before the day appointed for the trial a copy of the pleadings shall be left by the party prosecuting at the chambers of each of the judges who are to sit at the trial. ˙ Trial 6. A trial at bar may be continued from day to day, or adjourned to a subsequent day at any time, in the discretion of the court, without any reference to the sittings of the Supreme Court; and no formal order shall be drawn up for any such continued sitting or adjournment, nor shall any such order be entered on the record. ORDER 8—JUDGMENTS ˙ Entry of findings of fact 1. At every trial, when the officer present at the trial is not the officer by whom judgment ought to be entered, the associate shall enter, in a book to be kept for that purpose, the plea, the verdict, and such other findings of fact as the court may direct to be entered, and the directions (if any) of the court as to judgment. ˙ Certificate for entry of judgment 2.(1) The certificate of the associate to the effect that any judgment has been directed by the court to be entered shall be sufficient authority to the proper officer to enter judgment accordingly. (2) The certificate shall be in the form in the schedule, with such variations as circumstances may require.

o 8, r 3 21 Criminal Practice Rules 1900 o 9, r 1 ˙ Calendar 3.(1) A list or calendar shall be made out in duplicate by the sheriff, deputy sheriff or registrar of a District Court of all persons tried, sentenced or otherwise dealt with at any sittings of the Supreme Court, a Circuit Court or a District Court, and thereon shall be entered a short memorandum of the verdict and of the judgement (if any) pronounced upon every such person. (2) One copy of such list or calendar shall be retained in the registry of the Supreme Court, Circuit Court or District Court, as the case may be, at the place where the sittings is held, and the other copy thereof shall be provided to the officer of the Corrective Services Commission in charge of the reception of prisoners. (3) Such list or calendar shall be sufficient warrant for the execution of the judgments thereby appearing to have been pronounced. ˙ Respite for proceedings in error 4. When judgment is pronounced upon a conviction, the court may, if it thinks fit, respite the execution of the judgment for such time as may be necessary for the person convicted to obtain the Attorney-General’s fiat for a writ of error, upon the person entering into a recognisance with 2 sufficient sureties, in such amount as the court may order, to render himself or herself into custody or to prosecute his or her writ of error with effect. ORDER 9 ˙ Interpretation 1. In the construction of the rules of this order the provisions set forth in the Acts Citation Act 1903 and in the Criminal Code, sections 1 and 668 relating to the interpretation of terms shall apply; and— “coroner” means the coroner or the justices or justice performing the duties of a coroner under the provisions of the Inquests on Fires Act 1863 and the Inquests of Death Act 1866 .

o 9, r 2 22 Criminal Practice Rules 1900 o 9, r 3 “conviction” includes the entry of a plea of guilty. “examiner” means the judge, officer of the court, justice, or other person appointed by the court under the Code, section 671B(1)(b). “exhibits” includes all books, papers, and documents and all other things used in evidence at the trial of an appellant, and any written statement handed in to the judge of the court by the appellant. “proper officer of the court of trial” means the officer or clerk of the court who has the custody of the records of the court of trial. “registrar” includes any person for the time being performing the duties of the registrar. “shorthand writer” means the person or persons appointed from time to time as such for the purposes set out in the Code, section 671K. “this chapter” means the Criminal Code, chapter 67. Forms 2. The forms set out in the schedule, part 9 or forms as near thereto as circumstances permit, shall be used in all cases to which such forms are applicable; but any variance therefrom, not being in matter of substance, shall not affect the validity of the proceedings. ˙ Sittings of the court 3.(1) The Court of Appeal shall sit on the days appointed throughout the year for the sittings of the Court of Appeal, and on such other days as may be specially appointed from time to time, and, unless otherwise ordered, every appeal not being one referred to the court by the registrar for summary determination under the Code, section 671H(2) shall be set down for hearing on the first day on which the Court of Appeal is appointed to sit after the registrar shall have received the necessary documents relating to such appeal. (2) Appeals referred to the court by the registrar for summary determination under the Code, section 671H(2) and all applications to the court preliminary to an appeal, shall be dealt with at such time as the Chief

o 9, r 3A 23 Criminal Practice Rules 1900 o 9, r 4 Justice or, in the Chief Justice’s absence, the Senior Judge Administrator, shall direct. (3) The Court of Appeal shall sit during vacation at such times as the Chief Justice or, in the Chief Justice’s absence, the Senior Judge Administrator, shall direct. 3A. When any judgment is pronounced in any appeal or matter by either the Court of Appeal or a single judge of the court and the opinion of any judge is reduced to writing, it shall be sufficient to state orally the opinion of the judge without stating the reasons therefor, and the judge’s written opinion shall be then published by delivering the same to the registrar or associate in open court. ˙ Reservation of points of law 4.(1) A case stating questions of law reserved under the Code, sections 668B or 668C upon the trial of a person indicted for an indictable offence shall set forth such facts only as are relevant to raise the questions of law reserved. (2) If any question turns upon the form of the pleadings, then so much of the pleadings must be set out as raises the question. (3) A case under the Code, section 668B shall state whether judgment on the conviction was pronounced and respited, or was postponed, and whether the convicted person was committed to prison or admitted to bail to render himself or herself in execution or receive judgment. (4) The original case shall be transmitted forthwith by the judge by whom it is signed to the registrar at Brisbane, who shall set the case down for hearing on the first day on which the Court of Appeal is appointed to sit, and shall cause a copy of the case to be left at the chambers of each of the judges appointed to sit in the Court of Appeal, and shall deliver a copy thereof to the Crown law officer and to the appellant or the appellant’s solicitor at least 4 days before such day. (5) The judge by whom the case is stated may amend the same at any time before argument. (6) The person upon whose conviction a question of law has been

o 9, r 5 24 Criminal Practice Rules 1900 o 9, r 5 reserved under the Code, section 668B shall, for the purpose of these rules, be deemed to be an appellant who has appealed under the Code, section 668D(a). (7) However, in such case the Code, section 671H(2) shall not apply. Notices of appeal ˙ Notices of appeal to be signed by appellant and addressed to registrar 5.(1) Every notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given under this chapter shall be signed by the appellant himself or herself, except under the provisions of subsections (5) and (6). (2) Any other notice required or authorised to be given for the purposes of this chapter or these rules shall be in writing and signed by the person giving the same or by the person’s solicitor. (3) All notices required or authorised to be given for the purposes of this chapter or these rules to the Court of Appeal shall be addressed to the registrar of the Court of Appeal, Brisbane. Where appellant unable to write (4) When any appellant or any other person authorised or required to give or send any notice of appeal or notice of any application for the purposes of this chapter or of these rules is unable to write the person may affix his or her mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by such appellant. Appellant’s representative may act for the appellant where question of insanity involved (5) Where on the trial of a person entitled to appeal under this chapter, it has been contended that the person was not responsible according to law for the person’s actions on the ground that the person was insane at the time the act was done or the omission made by the person any notice required by these rules to be given and signed by the appellant himself or herself may be given and signed by the person’s solicitor or other person authorised to act on the person’s behalf.

o 9, r 6 25 Criminal Practice Rules 1900 o 9, r 6 Notice etc. on behalf of corporations (6) In the case of a body corporate where by this chapter or these rules any notice or other document is required to be signed by the appellant himself or herself, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk, manager, or solicitor of such body corporate. Shorthand writers and transcript of notes 6.(1) The shorthand writer appointed for the purposes of the Code, section 671K shall, in the form in the schedule, part 9, form 12, be sworn to take down faithfully and truly the shorthand notes of the proceedings at the trial to the best of the shorthand writer’s skill and ability. (2) For the purposes of the Code, section 671K and of these rules, proceedings at the trial shall mean the plea, the evidence, and any objections taken in the course thereof, any directions asked for, any points of law raised during the trial, any statement made by the prisoner, the summing up, the remarks of the judge when sentencing the prisoner, and such other matter as to the reporting of which the judge of trial shall give a special direction, but, unless otherwise ordered, shall not include any part of the speeches of counsel or solicitor. Shorthand note to be certified by the writer (3) The shorthand writer shall sign the shorthand note taken by the shorthand writer of any trial or proceeding or of any part of such trial or proceeding and certify the same to be a complete and correct shorthand note thereof and shall forthwith lodge the same in the office of the State Reporting Bureau for the purpose of its being filed therein as a record of the court. Transcript to be furnished on application by registrar (4) The State Reporting Bureau shall on being required by the registrar furnish to the registrar for the use of the Court of Appeal a transcript of the whole or of any part of the shorthand note taken of the proceedings of any trial, or proceeding in reference to which an appellant has appealed under this chapter.

o 9, r 7 26 Criminal Practice Rules 1900 o 9, r 7 Supply of transcript (5) The State Reporting Bureau, on receipt of— (a) a written application; and (b) payment of the relevant fee prescribed in the RecordingofEvidence Regulation 1992 ; is to supply the applicant with a copy of the transcript of the whole or any part of the shorthand note of a trial or other proceeding. Transcript to be made by writer thereof or some other person on registrar’s directions (6) Whenever under the Code or these rules a transcript of the whole or of any part of such shorthand note is required for the use of the Court of Appeal such transcript may be made by the shorthand writer who took and certified the shorthand note or by any other competent person. Verification of transcript for use of Court of Appeal (7) A transcript of the whole or any part of the shorthand note relating to the case of any appellant which may be required for the use of the Court of Appeal shall be typewritten and verified by the person making the same by a statutory declaration in the form in the schedule, part 9, form 13 that the same is a correct and complete transcript of the whole, or of such part, as the case may be, of the shorthand note purporting to have been taken, signed, and certified by the shorthand writer who took the same. Certificate of judge of trial ˙ Judge’s certificate, under section 668D(b) 7.(1) The certificate of the judge of the court of trial under the Code, section 668D(b) may be in the form in the schedule, part 9, form 1 and shall be forwarded forthwith by the proper officer of the court of trial to the registrar. Judge’s certificate may be given at trial without application (2) The judge of the court of trial may, in any case in which the judge considers it desirable so to do, inform the person convicted before the judge

o 9, r 8 27 Criminal Practice Rules 1900 o 9, r 8 that the case is in the judge’s opinion one fit for an appeal to the Court of Appeal under the Code, section 668D(b), and may give to such person a certificate to that effect in the form in the schedule, part 9, form 1. Appeals where fine only is inflicted ˙ Where fine imposed on conviction to be retained pending appeal 8.(1) Where a person has, on the person’s conviction, been sentenced to payment of a fine, and in default of payment to imprisonment, the person lawfully authorised to receive such fine shall, on receiving the same, retain it until the determination of any appeal in relation thereto. Person in custody in default of payment of fine, deemed to be person sentenced to imprisonment (2) If such person remains in custody in default of payment of the fine, the person shall be deemed, for all purposes of this chapter or these rules, to be a person sentenced to imprisonment. Person fined may in certain cases intimate appeal, and not pay fine—power of court of trial in such cases to impose recognisances (3) Where any person has been convicted and is thereupon sentenced to the payment of a fine, and, in default of such payment, to imprisonment and the person intimates to the judge of the court of trial that the person is desirous of appealing against the person’s conviction to the Court of Appeal, either upon grounds of law alone, or, with the certificate of the judge of the court of trial, upon any grounds mentioned in the Code, section 668D(b), such judge may, if the judge thinks right so to do, order such person forthwith to enter into recognisances in such amount, and with, or without, sureties in such amount as such judge may think right, to prosecute the person’s appeal. (4) And, subject thereto, may order that payment of the said fine shall be made at the final determination of the person’s said appeal, if the same be dismissed, to the registrar of the Court of Appeal, or as such court may then order. (5) The recognisance under this rule shall be in the forms in the schedule, part 9, forms 26 and 27.

o 9, r 9 28 Criminal Practice Rules 1900 o 9, r 9 (6) A surety becoming duly bound by recognisance under this rule shall be deemed to be, for all purposes, and shall have all the powers of a surety under the provisions of the Bail Act 1980 . (7) The proper officer of the court of trial shall forward the recognisances of the appellant and the appellant’s surety or sureties to the registrar. Fine to be repaid on success of appeal (8) An appellant who has been sentenced to the payment of a fine, and has paid the same in accordance with such sentence, shall, in the event of the appellant’s appeal being successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum or any part thereof so paid by the appellant. How appellant committing breach of recognisance under this rule may be dealt with (9) If the appellant to whom subrules (3) to (7) applies, does not serve in accordance with these rules, a notice of appeal upon grounds of law alone, or with the certificate of the judge of the court of trial upon any grounds mentioned in the Code, section 668D(b) within 14 days from the date of the appellant’s conviction and sentence the registrar shall report such omission to the Court of Appeal, who may, after notice in the forms in the schedule, part 9, forms 28 and 29 has been given to the appellant and the appellant’s sureties (if any) order an estreat of the recognisances of the appellant and the appellant’s sureties and may issue a warrant for the apprehension of the appellant and may commit the appellant to prison in default of payment of the appellant’s fine, or may make such other order as they think right. Custody of exhibits used at trial ˙ Directions as to custody of exhibits 9.(1) The trial judge in a criminal trial and, in the case of an appeal to the Court of Appeal, the Court of Appeal may make any order that the judge or the court determines for the custody, disposal, or production of an exhibit in the trial or appeal. (2) If no order is made under subrule (1), the exhibit is to be held in safe keeping by the proper officer of the court of trial.

o 9, r 9A 29 Criminal Practice Rules 1900 o 9, r 10 (3) After the trial or appeal a judge in chambers may order that an exhibit— (a) be unavailable for inspection; and (b) be sealed and not opened; without the further order of the court or a judge. ˙ Inspection of exhibits 9A.(1) Subject to rule 9 and subrule (2), an exhibit held in safe keeping may be inspected on payment of the prescribed fee. (2) The proper officer of the court of trial may refuse to allow an inspection of an exhibit if the officer considers that— (a) the security of the exhibit; or (b) the safety of any person; might be at risk. (3) In this rule— “prescribed fee” means— (a) in the case of an exhibit that is a document—the fee prescribed in schedule 3, part 2, item 13 to the Rules of the Supreme Court; and (b) in any other case—$10. Order made at trial—consequential orders and suspension of same pending appeal ˙ Varying order of restitution of property—persons affected may appear on appeal 10. Where, upon the trial of a person entitled to appeal under this chapter against the person’s conviction, an order of restitution of any property to any person has been made by the judge of the court of trial, the person in whose favour or against whom the order of restitution has been made, any person in whose favour or against whom an order to which rule 11 relates

o 9, s 11 30 Criminal Practice Rules 1900 o 9, r 12 has been made, and, with the leave of the Court of Appeal, any other person, shall, on the final hearing by the Court of Appeal of an appeal against the conviction on which such order of restitution was made, be entitled to be heard by the Court of Appeal before any order under the provisions of the Code, section 670, annulling or varying such order of restitution is made. ˙ Non-suspension of orders for restitution etc. to be subject to property or a sample etc. being necessary for purposes of appeal 11. Where the judge of the court of trial is of opinion that the title to any property the subject of an order of restitution made on a conviction of a person before the judge, or any property to which the provisions of the Sale of Goods Act 1896 , section 26(1) apply, is not in dispute, the judge, if the judge shall be of opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such directions to or impose such terms upon the person in whose favour the order of restitution is made, or in whom such property revests under such subsection as the judge shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal. ˙ Temporary suspension of orders made on conviction, as to money, rewards, costs etc. 12.(1) Where, on the conviction of a person, the judge of the court of trial makes an order under the Code, chapter 65 condemning such person to the payment of the whole or of any part of the costs and expenses of the prosecution for the offence of which the person shall be convicted out of any moneys taken from such person on the person’s apprehension or otherwise, or where such judge lawfully makes on the conviction of any person before the judge any order for the payment of money by such convicted person or by any other person or any order affecting the rights or property of such convicted person the operation of such orders shall in any of such cases be suspended until the expiration of 14 days and until the expiration of such further time as a judge of the court shall, on application, think fit to direct after the day on which any of such orders were made. (2) And in cases where notice of appeal or notice of application for leave

o 9, r 12 31 Criminal Practice Rules 1900 o 9, r 12 to appeal is given, within 14 days from and after the date of such conviction, such orders shall be further suspended until the determination of the appeal against the conviction in relation to which they were made. (3) The Court of Appeal may by order annul any order to which this rule refers on the determination of any appeal under the Code, or may vary such order, and such order, if annulled, shall not take effect, and, if varied, shall take effect as so varied. (4) The proper officer of the court of trial shall keep a record of any orders to which this rule refers. Judge’s directions as to property of convicted person pending appeal (5) Where the judge of the court of trial makes any such order, on a person convicted before the judge, as in this rule mentioned, the judge shall give such directions as the judge thinks right as to the retention by any person, of any money or valuable securities belonging to the person so convicted and taken from such person on the person’s apprehension or of any money or valuable securities at the date of the person’s conviction in the possession of the prosecution for such period, not being less than 14 days, as the judge shall think proper, or, in the event of an appeal, until the determination thereof by the Court of Appeal. (6) The proper officer of the court of trial shall keep a record of any directions given under this rule. Suspension of disqualifications consequent on conviction (7) Where upon conviction of any person of any offence any disqualification, forfeiture or disability attaches to such person by reason of such conviction, such disqualification, forfeiture, or disability shall not attach for the period of 14 days from and after the date of such conviction, nor in the event of an appeal under the Code to the Court of Appeal until the determination thereof. Judge’s directions as to securing payment of money by convicted person pending appeal (8) When the judge of the court of trial on the conviction of a person before the judge, makes any order for the payment of money by such person or by any other person upon such conviction, and, by reason of this rule, such order would otherwise be suspended, such judge may, if the judge thinks right so to do, direct that the operation of such order shall not

o 9, r 13 32 Criminal Practice Rules 1900 o 9, r 13 be suspended unless the person on whom such order has been made shall in such manner and within such time as the said judge shall direct, give security by way of undertaking or otherwise for the payment to the person in whose favour such order shall have been made of the amount therein named. (9) Such security may be to the satisfaction of the person in whose favour the order for payment shall have been made or of any other person as such judge shall direct. Suspension of order of destruction or forfeiture of property (10) Where on a conviction any property, matters or things the subject of the prosecution or connected therewith, are to be or may be ordered to be destroyed or forfeited under the provisions of any statute, the destruction or forfeiture or order for destruction or forfeiture thereof shall be suspended for the period of 14 days from and after the date of such conviction, and in the event of an appeal under the Code, shall be further suspended until the determination thereof by the Court of Appeal. Suspension of proceedings or claims consequent on conviction (11) Where, upon conviction of any person of any offence, any claim may be made or any proceedings may be taken under any statute against such person or any other person in consequence of such conviction, such proceedings shall not be taken until after the period of 14 days, or such further time as a judge of the court shall order, from and after the date of such conviction, nor in the event of an appeal under the Code to the Court of Appeal until the determination thereof. (12) Any person affected by any orders which are suspended under this rule may, with the leave of the Court of Appeal, be heard on the final determination of any appeal, before any such orders are varied or annulled by the Court of Appeal. ˙ Period of suspension of orders under section 670 13. The time during which an order of restitution or the operation of the Sale of Goods Act 1896 , section 26(1) is suspended under the Code, section 670, shall commence to run from and after the date of conviction, and, in cases where notice of appeal or notice of application for leave to appeal is duly given within 14 days after such day, the period of suspension

o 9, r 14 33 Criminal Practice Rules 1900 o 9, r 15 of such order or of the operation of the subsection shall continue until the determination of the appeal. ˙ Certificate of conviction not to issue for 14 days after conviction 14.(1) The proper officer of the court of trial or the deputy of such officer shall not issue, under any statutes authorising such officer or deputy so to do, a certificate of conviction of any person convicted on indictment in such court for the period of 14 days after the actual day on which such conviction took place, nor in the event of such officer or deputy receiving information from the registrar of the court within such 14 days, that a notice of appeal or of application for leave to appeal has been given under the Code, until the determination thereof. After 14 days from conviction proper officer to be satisfied no appeal pending before issuing certificate of conviction (2) Where an application is made to such officer or deputy to issue such certificate of conviction, as in this rule mentioned, after the expiration of the said period of 14 days, such officer or deputy shall require, before issuing the same, to be satisfied that there is no appeal then pending in the Court of Appeal against such conviction. (3) A person desirous of obtaining a certificate of conviction from such officer or deputy shall be entitled to obtain from the registrar a certificate in such form as the said registrar may think right for the purpose of satisfying by the production thereof, such officer or deputy that no appeal against such conviction is then pending. (4) After the expiration of 2 months from the date of the conviction a certificate thereof may be issued by such officer or deputy as heretofore, except in cases in which such officer or deputy has had notice of an appeal still undetermined. Report of judge of trial ˙ Trial judge’s report 15.(1) If the registrar receives—

o 9, r 16 34 Criminal Practice Rules 1900 o 9, r 16A (a) a notice of appeal under this chapter; or (b) a notice of application for leave to appeal under this chapter; or (c) a notice of application for extension of time within which a notice of a kind mentioned in paragraph (a) or (b) must be given; or (d) notice of the exercise of the Crown law officer’s powers under the Code, section 672A; the registrar may request the judge of the court of trial (the “trial judge” ) to give to the registrar a written report of the trial judge’s opinion on the case generally, or on any point arising on the appellant’s case. (2) The registrar must request the trial judge to give the report if directed to do so by the Court of Appeal or a Judge of Appeal. (3) The trial judge may give the report if the trial judge considers that it is desirable to do so. (4) If the trial judge gives the report, it forms part of the record. ˙ Registrar to furnish judge of court of trial with materials for report 16. When the registrar shall request the judge of the court of trial to furnish a report under these rules, the registrar shall send to such judge of the court of trial a copy of the notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which under this chapter such notice shall be given or any other document or information which the registrar shall consider material, or which the Court of Appeal at any time shall direct the registrar to send, or with which such judge may request to be furnished by the registrar, to enable such judge to deal in the judge’s report with the appellant’s case generally or with any point arising thereon. ˙ Publication of pre-sentence and psychiatric reports 16A. The Court of Appeal or a Judge of Appeal may direct that a pre-sentence report or a psychiatric report must not be published to a party to an appeal or application under this chapter if the court or judge determines that— (a) the publication would not be in the interest of the party’s mental

o 9, r 17 35 Criminal Practice Rules 1900 o 9, r 19 or physical health; and (b) publication to the party’s counsel or solicitor will sufficiently protect the party’s interest in relation to the appeal or application. Notices of appeal and period for appealing; abandonment of appeal ˙ Obligation on appellants to fill up forms of appeal notices and answer questions thereon 17. A person desiring, under the provisions of this chapter, to appeal to the Court of Appeal against the person’s conviction or sentence, shall commence the person’s appeal by sending to the registrar a notice of appeal or notice of application for leave to appeal, or notice of application for extension of time within which such notice shall be given, as the case may be, in the form of such notices respectively set forth in the schedule, part 9, and in the notice or notices so sent, shall answer the questions and comply with the requirements set forth thereon, subject to the provisions of rule 45. ˙ Time for appealing against conviction to run from verdict 18. The time within which a person convicted shall give notice of appeal or notice of the person’s application for leave to appeal to the Court of Appeal against the person’s conviction, shall commence to run from the day on which the verdict of the jury was returned, whether the judge of the court of trial shall have passed sentence or pronounced final judgment upon the person on that day or not. ˙ Time for appealing against sentence to run from pronouncement of sentence 19. The time within which a person convicted and sentenced shall give notice of application for leave to appeal against such sentence under the Code to the Court of Appeal, shall commence to run from the day on which such sentence shall have been passed upon the person by the judge of the court of trial.

o 9, r 19A 36 Criminal Practice Rules 1900 o 9, r 20 ˙ Appeals against sentence and references by the Attorney-General 19A.(1) The Attorney-General, desiring under the provisions of the Criminal Code, section 669A to appeal to the Court of Appeal or to refer a point of law for consideration and opinion thereon, shall commence the Attorney-General’s appeal by filing with the registrar a notice of appeal or notice of reference, as the case may be, in form of such notices set forth in the schedule, part 9. (2) A copy of such notice of appeal shall be served personally upon the respondent to the appeal. (3) A copy of such notice of reference shall be given to the acquitted person by— (a) serving the acquitted person personally with such copy; or (b) leaving such copy with some person at the acquitted person’s usual place of business or residence or place of business or residence last known to the person who served the said copy; or (c) leaving such copy at the office of the solicitors who represented the acquitted person at the trial to which the notice of reference pertains; or (d) leaving such copy at the office of the public defender. (4) An affidavit of proof of such service may be filed with the registrar. (5) After the record of proceedings has been received by the registrar, a copy of such record of proceedings shall be made available free of charge to the respondent upon request by the respondent or on the respondent’s behalf to the registrar. ˙ Registrar to require proper officer of court of trial or other person having the custody thereof to furnish the registrar with depositions, indictments, pleas etc. for use of Court of Appeal 20. The registrar may, if it appears to the registrar to be necessary for the proper determination of any appeal or application or for the due performance of the duties of the Court of Appeal, or whenever in any such cases the registrar is directed by the Court of Appeal so to do, shall require the proper officer of the court of trial, the Crown prosecutor, the Crown Solicitor, or other person having the custody thereof, to furnish the registrar

o 9, r 21 37 Criminal Practice Rules 1900 o 9, r 23 with the original depositions of witnesses examined before the committing justice or coroner, or with any exhibit retained by such officer or other person, and with the indictment or indictments against the appellant, or with an abstract or copy thereof or any part thereof or with any plea made or filed in the court of trial, and such officer or other person shall forthwith furnish the same to the registrar. ˙ Notice of application for leave to appeal 21. Where the Court of Appeal has, on a notice of application for leave to appeal duly served, and in the form provided under these rules, given an appellant leave to appeal, it shall not be necessary for such appellant to give any notice of appeal, but the notice of application for leave to appeal shall in such case be deemed to be a notice of appeal. ˙ Abandonment of appeal 22. An appellant at any time after the appellant has duly served notice of appeal or of application for leave to appeal, or of application for extension of time within which under the Code such notices shall be given, may abandon the appellant’s appeal by giving notice of abandonment thereof in the form in the schedule, part 9, form 6 to the registrar, and upon such notice being given the appeal shall be deemed to have been dismissed by the Court of Appeal. ˙ Notice of application for extension of time for appealing 23.(1) An application to the Court of Appeal for an extension of time within which notices may be given, shall be in the form in the schedule, part 9, form 4. (2) Every person making an application for such extension of time, shall send to the registrar together with the proper form of such application, a form, duly filled up, of notice of appeal, or of notice of application for leave to appeal, appropriate to the ground or grounds upon which the person desires to question the person’s conviction or sentence, as the case may be.

o 9, r 24 38 Criminal Practice Rules 1900 o 9, r 24 Proceedings before judge or Appeal Court under section 671L ˙ How application for leave to appeal and other preliminary applications are to be dealt with 24.(1) Notice of application for leave to appeal, or for extension of time within which notice of appeal or notice of application for leave to appeal shall be given under this chapter, in the forms in the schedule, and the answers to the questions in the form in the schedule, part 9, form 3, which an appellant is by these rules required to make, in reference to leave being granted to the appellant to be present at the hearing of the appellant’s appeal, shall be deemed to be applications to the Court of Appeal in such matters respectively. Procedure where judge of Court of Appeal refuses applications, under section 671L (2) The registrar when any application mentioned in this rule has been dealt with by such judge shall notify to the appellant the decision. (3) In the event of such judge refusing all or any of such applications the registrar on notifying such refusal to the appellant shall forward to the appellant the form in the schedule, part 9, form 8, which form the appellant is hereby required to fill up and forthwith return to the registrar. (4) If the appellant does not desire to have the appellant’s said application or applications determined by the Court of Appeal as duly constituted for the hearing of appeals under the Code, or does not return within 7 days, or within such further time as the court or a judge thereof may allow, to the registrar the form in the schedule, part 9, form 8, duly filled up by the appellant, the refusal of the appellant’s application or applications by such judge shall be final. (5) If the appellant desires that the appellant’s said application or applications shall be determined by the Court of Appeal as duly constituted for the hearing of appeals under the Code, and is not legally represented, the appellant may, if the Court of Appeal give the appellant leave, be present at the hearing and determination by the Court of Appeal of the appellant’s said application. (6) However, an appellant who is legally represented shall not be entitled

o 9, r 25 39 Criminal Practice Rules 1900 o 9, r 25 to be present without special leave of the Court of Appeal. (7) When an appellant duly fills up and returns within the prescribed time to the registrar form 8 expressing a desire to be present at the hearing and determination by the Court of Appeal of the applications mentioned in this rule, such form shall be deemed to be an application by the appellant for leave to be so present. (8) And the registrar, on receiving the said form, shall take the necessary steps for placing the said application before the Court of Appeal. (9) If the said application to be present is refused by the Court of Appeal, the registrar shall notify the appellant; and if the said application is granted, the registrar shall notify the appellant and the superintendent of the prison wherein the appellant is in custody, and the Corrective Services Commission, as provided by these rules. (10) For the purpose of constituting a Court of Appeal the judge who has refused any such application may sit as a member of the court and take part in determining such application. Sittings of a judge under section 671L (11) A judge of the Court of Appeal sitting under the provisions of the Code, section 671L may sit and act wherever convenient. Duties of prosecutors ˙ Registrar’s duties as to ascertaining respondent 25.(1) When the registrar has received a notice of appeal, or a notice of appeal on grounds of law alone, which does not, in the registrar’s opinion, fall within the provisions of the Code, section 671H(2), or where leave to appeal is granted to any appellant, the registrar shall, where the prosecutor is a private person authorised to prosecute under the Code, section 686, forthwith ascertain from such person, or from the solicitor of such person, whether the prosecutor intends to undertake the defence of the appeal. (2) And in the event of the prosecutor declining to undertake the defence of the appeal, notice to that effect shall be sent by the registrar to the Crown law officer.

o 9, r 26 40 Criminal Practice Rules 1900 o 9, r 27 (3) Where such prosecutor in the court of trial was the Crown law officer or a Crown prosecutor, the registrar shall notify the Crown law officer of such appeal. Prosecutor to afford all information, documents etc. to registrar and Crown law officer (4) It shall be the duty of a prosecutor who declines to undertake the defence of an appeal, and of the prosecutor’s solicitor, to furnish to the registrar and the Crown law officer any information, documents, matters, and things in the prosecutor’s possession or under the prosecutor’s control connected with the proceedings against the appellant, which the registrar or Crown law officer may require for the purposes of their duties under the Code. ˙ Court may at any stage substitute the Crown law officer for a private prosecutor 26. Where the defence of an appeal is undertaken by a private prosecutor, the Court of Appeal may, at any stage of the proceedings in such appeal, if it shall think right so to do, order that the Crown law officer shall take over the defence of the appeal and be responsible on behalf of the Crown for the further proceedings in the same. Procedure on application ˙ Presence of appellant on bail, at hearing of the appellant’s appeal 27.(1) An appellant who has been admitted to bail shall be personally present at each and every hearing of the appellant’s appeal before the Court of Appeal and at the final determination thereof. (2) The Court of Appeal may, in the event of such appellant not being present at any hearing of the appellant’s appeal, if they think right so to do, decline to consider the appeal, and may proceed to summarily dismiss the same, and may issue a warrant for the apprehension of the appellant in the form in the schedule, part 9, form 24. (3) However, the Court of Appeal may consider the appeal in the appellant’s absence, or make such other order as they think right.

o 9, r 29 41 Criminal Practice Rules 1900 o 9, r 30 Superintendent of prison on commitment of appellant to notify registrar (4) When an appellant has been released on bail and has, under a warrant, or by the appellant’s surety or sureties been apprehended, and is in prison, the superintendent thereof shall forthwith notify the registrar, who shall take steps to inform the court thereof, and the Court of Appeal may give to the registrar such directions as to the appeal or otherwise as they shall think right. ˙ Warders etc. to attend sittings of Court of Appeal 29.(1) The Corrective Services Commission shall, on notice from the registrar, cause from time to time such sufficient number of male and female warders to attend the sittings of the Court of Appeal, as having regard to the list of appeals thereat the Commission shall consider necessary. Appellant to surrender on appeal, be searched, and remain in custody until further dealt with (2) An appellant who is not in custody, shall, whenever the appellant’s case is called on before the Court of Appeal, surrender himself or herself to the warder or warders in attendance at such court, and thereupon shall be searched by them, and shall be deemed to be in their lawful custody until further released on bail or otherwise dealt with as the court shall direct. ˙ Registrar on application of appellant or respondent, or where the registrar thinks necessary, to obtain documents, exhibits etc. for purposes of appeal, and same to be open for inspection 30.(1) The registrar may, on an application made to the registrar by the appellant or respondent in any appeal, or where the registrar considers the same to be necessary for the proper determination of any appeal or application, or shall, where directed by the Court of Appeal so to do, obtain and keep available for use by the Court of Appeal any documents, exhibits, or other things relating to the proceedings before the court, and pending the determination of the appeal, such documents, exhibits, or other things shall be open, as and when the registrar may arrange, for the inspection of any party interested.

o 9, r 31 42 Criminal Practice Rules 1900 o 9, r 32 Court of Appeal may order production of any document or exhibits etc. (2) The Court of Appeal may, at any stage of an appeal, whenever it thinks it necessary or expedient in the interests of justice so to do, on the application of an appellant or respondent, order any document, exhibit, or other thing connected with the proceedings, to be produced to the registrar or before them, by any person having the custody or control thereof. Notifying result of appeals ˙ On final determination of appeals etc. registrar to notify appellant, prison superintendent, Corrective Services Commission 31.(1) On the final determination of any appeal under the Code or of any matter under the Code, section 671L, the registrar shall give to the appellant, if the appellant is in custody and has not been present at such final determination, and to the Crown law officer, and to the superintendent of the prison in which the appellant then is, or from which the appellant has been released on bail, or to which under such determination the appellant is committed, and to the Corrective Services Commission, notice of such determination by forwarding thereto a copy of the order in the form in the schedule, part 9, form 35 or 36. On order for new trial registrar to notify appellant, prison superintendent, Corrective Services Commission (2) When the Court of Appeal has made an order for a new trial under the provisions of the Code, section 669, the registrar shall give to the appellant, if the appellant is in custody and has not been present on the hearing of the appeal, and to the Crown law officer, and to the superintendent of the prison in which the appellant then is or from which the appellant has been released on bail, and to the Corrective Services Commission a copy of such order in the form in the schedule, part 9, form 36. ˙ Registrar to notify officer of court of trial result of appeal 32.(1) The registrar at the final determination of an appeal shall notify in

o 9, r 33 43 Criminal Practice Rules 1900 o 9, r 34 such manner as the registrar thinks most convenient to the proper officer of the court of trial the decision of the Court of Appeal in relation thereto, and also any orders or directions made or given by the court under the Code, or these rules, in relation to such appeal or any matter connected therewith. Officer of court of trial to enter decision of court on records (2) The proper officer of the court of trial shall, on receiving the notification referred to in this rule, enter the particulars thereof on the records of the court of which he or she is such officer. ˙ Registrar after appeal to return original depositions, exhibits, indictment etc. to officer of court of trial when received from officer 33. Upon the final determination of an appeal for the purposes of which the registrar has obtained from the proper officer of the court of trial or the Crown solicitor or any other person having the custody thereof any original depositions, exhibits, indictment, inquisition, plea, or other documents usually kept by the said officer, or by such other person, or forming part of the record of the court of trial, the registrar shall, subject to any order the Court of Appeal might think fit to make, cause the same to be returned to such officer or to the Crown solicitor or to such other person as previously had the custody thereof. New trials 34.(1) When the Court of Appeal exercises the power of granting a new trial under the Code, section 669, it shall direct the new trial to be held at such place and at such time as appears to the said court reasonable and just. (2) The appellant shall be detained in custody or ordered into the appellant’s former custody until such new trial has been held, unless the Court of Appeal or a judge thereof admits the appellant to bail in the meantime. (3) The time during which the appellant is so admitted to bail or is detained in custody pending the appellant’s re-trial shall not, unless otherwise ordered by the court, count as part of any term of imprisonment under any sentence passed upon the appellant as a result of such new trial.

o 9, r 36 44 Criminal Practice Rules 1900 o 9, r 36 Copies of documents for use of appellants ˙ How appellant or respondent may obtain from registrar copies of documents, exhibits and transcripts 36.(1) If notice of appeal or notice of application for leave to appeal has been given under this chapter or these rules— (a) an appellant or a respondent (the “party” ); or (b) the solicitor or other person representing the party; may, on payment of the prescribed fee, obtain from the registrar— (c) a copy of any document or exhibit in the registrar’s possession under the Code or these rules for the purposes of the appeal; or (d) a transcript of the shorthand notes included in the appeal record book. (2) If the party’s representative is funded by the Legal Aid Commission, the registrar must supply a copy of any document or exhibit requested by the commission free of charge, unless the registrar determines that the copy is not necessary for the purposes of the appeal. (3) If an appellant— (a) is not legally represented; and (b) requests from the registrar a copy of a document or exhibit in the registrar’s custody; the registrar may supply the copy to the appellant free of charge if the registrar determines that, in all the circumstances, it is reasonable to do so. (4) The prescribed fee for a transcript of the shorthand notes included in the appeal record books may be waived only if an order to that effect is made by the Court of Appeal or a Judge of Appeal. (5) In this rule— “prescribed fee” means the fee prescribed for the preparation and photocopying of documents for inclusion in an appeal record book under the Rules of the Supreme Court, schedule 3, part 2, item 29.

335 Criminal Practice Rules 1900 6 July 1974 p 1388 commenced on date of publication 16 August 1975 pp 1776–7 commenced on date of publication 3 July 1976 p 1320 commenced 1 July 1976 6 December 1980 p 1404 commenced 4 December 1980 4 July 1981 pp 1797–8 commenced on date of publication 8 October 1983 p 532 commenced on date of publication 18 June 1988 p 1455 commenced on date of publication 17 December 1988 p 2135 commenced on date of publication 25 March 1989 p 1838 commenced on date of publication 9 October 1989 pp 1099–103 commenced on date of publication 25 August 1990 p 2727 commenced on date of publication 10 November 1990 pp 1220–1 commenced on date of publication Criminal Practice Rules Amendment Order (No. 1) 1992 SL No. 276 notfd gaz 28 August 1992 pp 3139–41 commenced on date of notification Criminal Practice Rules Amendment Order (No. 1) 1993 SL No. 114 notfd gaz 16 April 1993 pp 1830–2 commenced on date of notification Criminal Practice Rules Amendment Regulation (No. 1) 1994 SL No. 431 notfd gaz 9 December 1994 pp 1575–8 commenced on date of notification Criminal Practice Amendment Rule (No. 1) 1995 SL No. 212 notfd gaz 20 June 1995 pp 1273–6 commenced on date of notification

336 Criminal Practice Rules 1900 ´ 7 List of annotations ORDER 6—BAIL AND RECOGNISANCES Notice of proposed sureties r 2 om reg pubd gaz 4 July 1981 pp 1797–8 Form of recognizance r 3 om reg pubd gaz 4 July 1981 pp 1797–8 Estreat of recognizance to attend r 4 om reg pubd gaz 4 July 1981 pp 1797–8 Estreat of recognisance s 5 sub reg pubd gaz 4 July 1981 pp 1797–8 Enlargement of undertaking as to bail s 6 ins reg pubd gaz 16 August 1975 pp 1776–7 amd reg pubd gaz 4 July 1981 pp 1797–8 ORDER 6A—SUBPOENAS hdg ins reg pubd gaz 29 November 1902 p 1202 Subpoenas after information or indictment r 1 ins reg pubd gaz 29 November 1902 p 1202 Subpoenas after committal and before indictment r 2 ins reg pubd gaz 29 November 1902 p 1202 Forms of writs of subpoena r 3 ins reg pubd gaz 29 November 1902 p 1202 Production of medical, hospital and government records r 4 ins 1994 SL No. 431 s 3 Proper officer’s obligations in relation to produced record r 5 ins 1994 SL No. 431 s 3 Objection to inspection or copying of produced record r 6 ins 1994 SL No. 431 s 3 Crown’s obligation when record to be adduced in evidence r 7 ins 1994 SL No. 431 s 3 Definitions r 8 ins 1994 SL No. 431 s 3 ORDER 6B—EVIDENCE hdg ins 1995 SL No. 212 s 3 Evidence by telephone, video link or another form of communication r 1 ins 1995 SL No. 212 s 3 ORDER 8—JUDGMENTS Calendar r 3 sub reg pubd gaz 17 December 1988 p 2135 amd reg pubd gaz 25 March 1989 p 1838

337 Criminal Practice Rules 1900 ORDER 9 hdg sub reg pubd gaz 29 August 1914 pp 885–900 Interpretation r 1 sub reg pubd gaz 29 August 1914 pp 885–900 Forms hdg ins reg pubd gaz 29 August 1914 pp 885–900 r 2 sub reg pubd gaz 29 August 1914 pp 885–900 Sittings of the court r 3 sub reg pubd gaz 29 August 1914 pp 885–900 r 3A ins reg pubd gaz 9 October 1943 p 1247 Reservation of points of law r 4 sub reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Notices of appeal hdg ins reg pubd gaz 29 August 1914 pp 885–900 Notices of appeal to be signed by appellant and addressed to registrar r 5 ins reg pubd gaz 29 August 1914 pp 885–900 Shorthand writers and transcript of notes hdg ins reg pubd gaz 29 August 1914 pp 885–900 r 6 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 13 March 1954 p 977; 1992 SL No. 276 s 3(1) Certificate of judge of trial hdg ins reg pubd gaz 29 August 1914 pp 885–900 Judge’s certificate, under section 668D(b) r 7 ins reg pubd gaz 29 August 1914 pp 885–900 Appeals where fine only is inflected hdg ins reg pubd gaz 29 August 1914 pp 885–900 Where fine imposed on conviction to be retained pending appeal r 8 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Custody of exhibits used at trial hdg ins reg pubd gaz 29 August 1914 pp 885–900 Directions as to custody of exhibits r 9 ins reg pubd gaz 29 August 1914 pp 885–900 amd 1992 SL No. 276 s 3(2) Inspection of exhibits r 9A ins 1992 SL No. 276 s 3(2) Order made at trial—consequential orders and suspension of same pending appeal hdg ins reg pubd gaz 29 August 1914 pp 885–900

338 Criminal Practice Rules 1900 Varying order of restitution of property—persons affected may appear on appeal r 10 ins reg pubd gaz 29 August 1914 pp 885–900 Non-suspension of orders for restitution etc. to be subject to property or a sample etc. being necessary for purpose of appeal r 11 ins reg pubd gaz 29 August 1914 pp 885–900 Temporary suspension of orders made on conviction, as to money, rewards, costs etc. r 12 ins reg pubd gaz 29 August 1914 pp 885–900 Period of suspension of orders under section 670 r 13 ins reg pubd gaz 29 August 1914 pp 885–900 Certificate of conviction not to issue for 14 days after conviction r 14 ins reg pubd gaz 29 August 1914 pp 885–900 Report of judge of trial hdg ins reg pubd gaz 29 August 1914 pp 885–900 Trial judge’s report r 15 ins reg pubd gaz 29 August 1914 pp 885–900 sub 1993 SL No. 114 s 3 Registrar to furnish judge of court of trial with materials for report r 16 ins reg pubd gaz 29 August 1914 pp 885–900 Publication of pre-sentence and psychiatric reports r 16A ins 1993 SL No. 114 s 4 Notices of appeal and period for appealing; abandonment of appeals hdg ins reg pubd gaz 29 August 1914 pp 885–900 Obligation on appellants to fill up forms of appeal notices and answer questions thereon r 17 ins reg pubd gaz 29 August 1914 pp 885–900 Time for appealing against conviction to run from verdict r 18 ins reg pubd gaz 29 August 1914 pp 885–900 Time for appealing against sentence to run from pronouncement of sentence r 19 ins reg pubd gaz 29 August 1914 pp 885–900 Appeals against sentence and references by the Attorney-General r 19A ins reg pubd gaz 6 December 1980 p 1404 Registrar to require proper officer of court of trial or other person having the custody thereof to furnish registrar with depositions, indictments, pleas etc. for use of Court of Appeal r 20 ins reg pubd gaz 29 August 1914 pp 885–900 sub reg pubd gaz 8 October 1983 p 532 Notice of application for leave to appeal r 21 ins reg pubd gaz 29 August 1914 pp 885–900

339 Criminal Practice Rules 1900 Abandonment of appeal r 22 ins reg pubd gaz 29 August 1914 pp 885–900 Notice of application for extension of time for appealing r 23 ins reg pubd gaz 29 August 1914 pp 885–900 Proceedings before judge or Appeal Court under section 671L hdg ins reg pubd gaz 29 August 1914 pp 885–900 How application for leave to appeal and other preliminary applications are to be dealt with r 24 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388; 4 July 1981 pp 1797–8 Duties of prosecutors hdg ins reg pubd gaz 29 August 1914 pp 885–900 Registrar’s duties as to ascertaining respondent r 25 ins reg pubd gaz 29 August 1914 pp 885–900 Court may at any stage substitute the Crown law officer for a private prosecutor r 26 ins reg pubd gaz 29 August 1914 pp 885–900 procedure on application hdg ins reg pubd gaz 29 August 1914 pp 885–900 sub reg pubd gaz 4 July 1981 pp 1797–8 Presence of appellant on bail, at hearing of the appellants’ appeal r 27 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Duty of police to inquire and report as to Appellant’s means, for purposes of this chapter on request of Registrar r 28 ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 6 July 1974 p 1388 Warders etc. to attend sittings of Court of Appeal r 29 ins reg pubd gaz 29 August 1914 pp 885–900 Registrar on application of appellant or respondent, or where the registrar thinks necessary, to obtain documents, exhibits etc. for purposes of appeal, and same to be open for inspection r 30 ins reg pubd gaz 29 August 1914 pp 885–900 Notifying result of appeals hdg ins reg pubd gaz 29 August 1914 pp 885–900 On final determination of appeals etc. registrar to notify appellant, prison superintendent, Corrective Services Commission r 31 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Registrar to notify officer of court of trial result of appeal r 32 ins reg pubd gaz 29 August 1914 pp 885–900 Registrar after appeal to return original depositions, exhibits, indictment etc. to

340 Criminal Practice Rules 1900 officer of court of trial when received from officer r 33 ins reg pubd gaz 29 August 1914 pp 885–900 New trials hdg ins reg pubd gaz 29 August 1914 pp 885–900 r 34 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Legal aid to Appellant hdg ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 6 July 1974 p 1388 r 35 ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 6 July 1974 p 1388 Copies of documents for use of appellants hdg ins reg pubd gaz 29 August 1914 pp 885–900 How appellant or respondent may obtain from registrar copies of documents, exhibits and transcripts r 36 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388; 18 June 1988 p 1455 sub 1993 SL No. 114 s 5 Procedure as to witnesses before Court of Appeal, and their examination before examiner hdg ins reg pubd gaz 29 August 1914 pp 885–900 Attendance of witness before Court of Appeal r 37 ins reg pubd gaz 29 August 1914 pp 885–900 Proceedings under section 671B(1)(d), on reference r 38 ins reg pubd gaz 29 August 1914 pp 885–900 Cause lists hdg ins reg pubd gaz 29 August 1914 pp 885–900 Register of appeals to be kept by the registrar r 39 ins reg pubd gaz 29 August 1914 pp 885–900 Appeals by the Crown from decisions of Court of Appeal under section 672 hdg ins reg pubd gaz 29 August 1914 pp 885–900 Notice of order to stay under section 672(1) r 40 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Payment of expenses under section 671F r 41 ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 Miscellaneous provisions hdg ins reg pubd gaz 29 August 1914 pp 885–900 r 42 ins reg pubd gaz 29 August 1914 pp 885–900

341 Criminal Practice Rules 1900 Service of orders and notices r 43 ins reg pubd gaz 29 August 1914 pp 885–900 Notice by registrar to appellant of results of all applications r 44 ins reg pubd gaz 29 August 1914 pp 885–900 Non-compliance with rules not wilful may be waived by court r 45 ins reg pubd gaz 29 August 1914 pp 885–900 Enforcing duties under rules r 46 ins reg pubd gaz 29 August 1914 pp 885–900 Warrants for arrest of appellants to be deemed to be warrants issued under Justices Act 1886 r 47 ins reg pubd gaz 29 August 1914 pp 885–900 A petitioner under section 672A(a), to be deemed an appellant for all purposes r 48 ins reg pubd gaz 29 August 1914 pp 885–900 Reference to court under section 672A(b) r 49 ins reg pubd gaz 29 August 1914 pp 885–900 r 50 ins reg pubd gaz 29 August 1914 pp 885–900 ORDER 10—PROCEEDINGS IN ERROR Bail pending proceedings in error r 14 amd reg pubd gaz 4 July 1981 pp 1797–8 Certificate of registrar r 15 amd reg pubd gaz 4 July 1981 pp 1797–8 ORDER 13—APPEALS FROM JUSTICES Title of affidavits r 1 amd reg pubd gaz 14 May 1949 p 1920; 4 July 1981 pp 1797–8 Special case r 5 om reg pubd gaz 4 July 1981 pp 1797–8 SCHEDULE—FORMS OF PROCEEDINGS INDEX TO FORMS UNDER CRIMINAL APPEAL RULES ins reg pubd gaz 29 August 1914 pp 885–900 sub reg pubd gaz 4 July 1981 pp 1797–8 amd reg pubd gaz 9 October 1989 pp 1099–1103; 10 November 1990 pp 1220–1 PART 1—FORMS RELATING TO INDICTMENTS INFORMATIONS, AND COMPLAINTS SECTION 2—STATEMENTS OF OFFENCES Form 6—Unlawful oaths to commit certain crimes amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form 7—Other unlawful oaths to commit offences amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form 11—Interferences with Governor or ministers amd R1 (see RA s 39 and 1992 No. 48 s 207 sch)

342 Criminal Practice Rules 1900 Form 25—Going armed so as to cause fear sub reg pubd gaz 16 August 1975 pp 1776–7 Form 31—Threatening violence amd reg pubd gaz 16 August 1975 pp 1776–7 Form 95—Forcibly rescuing capital offenders om R1 (see RA s 39 and 1992 No. 25 s 4) Form 97—Escape of criminal prisoner amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form 126—False Declaration as to Execution of Sentence of Death om R1 (see RA s 39 and 1922 13 Geo 5 No. 2 s 3(xii)) Form 141—Unnatural offences amd R1 (see RA s 39 and 1990 No. 93 s 5) Form 142—Attempt to commit unnatural offences om R1 (see RA s 39 and 1990 No. 93 s 6) Form 143—Indecent treatment of boys under 17 sub reg pubd gaz 16 August 1975 pp 1776–7 Form 144—Indecent practice between males om R1 (see RA s 39 and 1990 No. 93 s 7) Form 146—Householder permitting defilement of young girls on his [or her] premises sub reg pubd gaz 3 July 1976 p 1320 Form 148—Defilement of girls under 16 and idiots sub reg pubd gaz 3 July 1976 p 1320 Form 149—Indecent treatment of girls under 16 sub reg pubd gaz 3 July 1976 p 1320 Form 153—Unlawful detention with intent to defile or in a brothel om R1 (see RA s 39 and 1989 No. 17 s 18) Form 176—Wilful Murder om R1 (see RA s 39 and 1922 13 Geo 5 No. 2 s 3(xiv); 1971 No. 41 s 5) Form 184—Attempting to Commit Suicide om R1 (see RA s 39 and 1979 No. 2 s 4) Form 247—Demanding property, benefit or the performance of services by written threats sub reg pubd gaz 3 July 1976 p 1320 Form 247A—Demanding property, benefit or the performance of services by oral threats ins reg pubd gaz 3 July 1976 p 1320 Form 250—Housebreaking: burglary sub reg pubd gaz 3 July 1976 p 1320

343 Criminal Practice Rules 1900 Form 251—Entering dwelling house with intent to commit indictable offence sub reg pubd gaz 3 July 1976 p 1320 Form 252—Breaking into places and committing indictable offences sub reg pubd gaz 16 August 1975 pp 1776–7 Form 253—Breaking into places with intent to commit indictable offences sub reg pubd gaz 16 August 1975 pp 1776–7 Form 254—Persons found armed etc. with intent to commit indictable offence sub reg pubd gaz 3 July 1976 p 1320 Form 261—Receiving stolen property etc. amd reg pubd gaz 29 November 1902 p 1202 GA—OFFENCES ON HIGH SEAS hdg ins reg pubd gaz 3 July 1976 p 1320 Form 350A ins reg pubd gaz 3 July 1976 p 1320 Form 350B ins reg pubd gaz 3 July 1976 p 1320 SECTION 3—PROCESS TO COMPEL APPEARANCE Form 3—Notice to appear for non-payment of (fine, compensation, restitution or as the case may be) sub reg pubd gaz 4 July 1981 pp 1797–8 amd reg pubd gaz 25 March 1989 p 1838 SECTION 4—FORMS OF PROCEEDINGS AT TRIAL Form 2—Statement to prisoner of his [or her] right of challenge on plea of not guilty amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form 5—Form for addressing convicted person before sentence amd R1 (see RA s 39 and 1992 No. 48 s 207 sch) SECTION 7—FORMS OF APPLICATIONS AND APPROVALS FOR EXAMINATION OF A PERON IN CUSTODY hdg ins reg pubd gaz 9 October 1989 pp 1099–1103 Form 1—Application for approval for examination of a person in custody by legally qualified medical practitioner ins reg pubd gaz 9 October 1989 pp 1099–1103 Form 2—Application for approval for examination of a person in custody by legally qualified dentist ins reg pubd gaz 9 October 1989 pp 1099–1103 Form 3—Approval for examination of a person in custody by legally qualified medical practitioner ins reg pubd gaz 9 October 1989 pp 1099–1103 Form 4—Approval for examination of a person in custody by legally qualified dentist

344 Criminal Practice Rules 1900 ins reg pubd gaz 9 October 1989 pp 1099–1103 SECTION 8—FORMS RELATING TO OUTSTANDING CHARGES BEING TAKEN INTO ACCOUNT IN PASSING SENTENCE hdg ins reg pubd gaz 10 November 1990 pp 1220–1 om R1 (see RA s 39 and 1992 No. 48 s 207 sch) Form—Outstanding charges may be taken into account in passing sentence ins reg pubd gaz 10 November 1990 pp 1220–1 om R1 (see RA s 39 and 1992 No. 48 s 207 sch) PART 3—FORMS RELATING TO BAIL AND RECOGNISANCES Form 1—Recognizance to answer indictment or information amd reg pubd gaz 2 December 1950 p 2384; 16 August 1975 pp 1776–7 om reg pubd gaz 4 July 1981 pp 1797–8 Form 4—Order to admit prisoner to bail om reg pubd gaz 4 July 1981 pp 1797–8 Form 5—Notice of bail upon order of judge without habeas corpus om reg pubd gaz 4 July 1981 pp 1797–8 Form 7—Recognizance to appear at trial amd reg pubd gaz 16 August 1975 pp 1776–7 om reg pubd gaz 4 July 1981 pp 1797–8 Form 8—Recognisance to appear for sentence amd reg pubd gaz 2 December 1950 p 2384 Form 8A—Recognizance to appear for judgment ins reg pubd gaz 2 December 1950 p 2384 amd reg pubd gaz 4 July 1981 pp 1797–8 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 8B—Recognizance to be of good behaviour ins reg pubd gaz 2 December 1950 p 2384 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 8C—Recognizance to appear for sentence ins reg pubd gaz 2 December 1950 p 2384 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 8D—Recognizance to appear for sentence ins reg pubd gaz 16 August 1975 pp 1776–7 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 8E—Recognizance to be of good behaviour and to appear for conviction and sentence if called upon ins reg pubd gaz 16 August 1975 pp 1776–7 om R1 (see RA s 37 and 1992 No. 48 s 207 sch) Form 10—Recognizance on suspension of sentence om R1 (see RA s 37 and 1992 No. 48 s 207 sch)

345 Criminal Practice Rules 1900 PART 4—FORMS RELATING TO PROCEEDINGS IN ERROR Form 13—Recognisance to prosecute proceedings in error amd reg pubd gaz 4 July 1981 pp 1797–8 PART 8—FORMS RELATING TO APPEALS FROM JUSTICES Form 1—Quashing order om reg pubd gaz 4 July 1981 pp 1797–8 Form 2—Application for case to be stated om reg pubd gaz 4 July 1981 pp 1797–8 Form 3—Certificate of refusal to state a case om reg pubd gaz 4 July 1981 pp 1797–8 Form 4—Recognizance on appeal om reg pubd gaz 4 July 1981 pp 1797–8 Form 5—Case stated by justices om reg pubd gaz 4 July 1981 pp 1797–8 Form 6—Notice of appeal with copy of case stated om reg pubd gaz 4 July 1981 pp 1797–8 Form 7—Affidavit of service of notice of appeal, etc. om reg pubd gaz 4 July 1981 pp 1797–8 Form 8—Notice of appeal to a judge of a District Court ins reg pubd gaz 14 May 1949 p 1920 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 9—Recognisance on appeal to a judge of a District Court ins reg pubd gaz 14 May 1949 p 1920 amd reg pubd gaz 4 July 1981 pp 1797–8 PART 9—FORMS RELATING TO SUBPOENAS pt hdg ins reg pubd gaz 29 November 1902 p 1202 Form 1—Subpoena ad testificandum after indictment or information presented ins reg pubd gaz 29 November 1902 p 1202 Form 2—Subpoena duces tecum after indictment or information presented ins reg pubd gaz 29 November 1902 p 1202 Form 3—Subpoena ad testificandum after committal but before indictment ins reg pubd gaz 29 November 1902 p 1202 PART 9—FORMS UNDER CRIMINAL APPEAL RULES pt hdg ins reg pubd gaz 29 August 1914 pp 885–900 Form 1—Judge’s certificate ins reg pubd gaz 29 August 1914 pp 885–900 Form 2—Particulars of trial ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 Form 3—Notice of appeal or application for leave to appeal against conviction

346 Criminal Practice Rules 1900 or sentence ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 6 July 1974 p 1388; 25 August 1990 p 2727 Form 3A—Notice of appeal against sentence ins reg pubd gaz 6 December 1980 p 1404 Form 3B—Reference by Attorney-General under the CriminalCode, section 669A ins reg pubd gaz 6 December 1980 p 1404 Form 4—Notice of application for extension of time within which to appeal ins reg pubd gaz 29 August 1914 pp 885–900 Form 5—Notice of application by Appellant for bail pending appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 6—Notice of abandonment ins reg pubd gaz 29 August 1914 pp 885–900 Form 7—Notification to appellant of judge’s decision under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388; 4 July 1981 pp 1797–8 Form 8—Notice of application for rehearing by Court of Appeal under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388; 4 July 1981 pp 1797–8 Form 9—Notification to Appellant for result of application under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 om reg pubd gaz 4 July 1981 pp 1797–8 Form 10—Notification to Appellant of result of his appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 11—Notice that refusal of single judge has become final through failure to apply for rehearing by Court of Appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 8 October 1983 p 532 Form 12—Oath for shorthand writer ins reg pubd gaz 29 August 1914 pp 885–900 sub reg pubd gaz 13 March 1954 p 977 Form 13—Declaration verifying transcript of shorthand notes ins reg pubd gaz 29 August 1914 pp 885–900 Form 14—Recognizance of bail of Appellant and sureties under section 668B ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8

347 Criminal Practice Rules 1900 Form 15—Recognizance of bail of Appellant and sureties of new trial under section 669 ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 16—Recognizance of bail of Appellant and sureties under section 671G ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 17—Recognizance of bail of Appellant and sureties on stay of proceedings under section 672(1) ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 18—Recognizance of bail of Appellant and sureties on further appeal by the Crown Law Officer under section 672(2) ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 19—Notice to Superintendent to release Appellant on bail ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 20—Certificate to surety ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 21—Information of surety for arrest of Appellant ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 22—Warrant on information of surety ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 23—Commitment of Appellant on surety’s information ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 24—Warrant for arrest of appellant on bail ins reg pubd gaz 29 August 1914 pp 885–900 Form 25—Warrant for re-arrest of appellant on appeal by Crown law officer ins reg pubd gaz 29 August 1914 pp 885–900 Form 26—Recognisance of appellant sentenced to payment of a fine ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 27—Recognisance of sureties for appellants sentenced to payment of a fine ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 28—Notice to appellant sentenced to fine, of breach of his [or her]

348 Criminal Practice Rules 1900 recognisance ins reg pubd gaz 29 August 1914 pp 885–900 Form 29—Notice to surety for appellant of estreat of recognisance ins reg pubd gaz 29 August 1914 pp 885–900 Form 30—Caption for deposition of witness examined before examiner ins reg pubd gaz 29 August 1914 pp 885–900 Form 31—Order to witness to attend court for examination ins reg pubd gaz 29 August 1914 pp 885–900 Form 32—Appellant’s application for further witnesses ins reg pubd gaz 29 August 1914 pp 885–900 Form 33—Notice to witness to attend before examiner ins reg pubd gaz 29 August 1914 pp 885–900 Form 34—Registrar’s certificate of expenses ins reg pubd gaz 29 August 1914 pp 885–900 Form 35—Order by single judge under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 36—Order of the Court of Appeal ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 sub reg pubd gaz 4 July 1981 pp 1797–8 Form 37—Order quashing conviction ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 38—Order quashing sentence ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 39—Order dismissing appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 40—Form of order to superintendent of prisons after dismissal of appeal to take appellant on bail into custody ins reg pubd gaz 29 August 1914 pp 885–900 Form 41—Notification to Crown Law Officer, Superintendent of Prison, and Comptroller-general of Prisons of result of application under section 671L ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 6 July 1974 p 1388 om reg pubd gaz 4 July 1981 pp 1797–8

349 Criminal Practice Rules 1900 Form 42—Notification to the Crown Law Officer, Superintendent of Prison, and Comptroller-general of Prisons of result of final hearing of appeal ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 43—Notification of order granting new trial under section 669 ins reg pubd gaz 29 August 1914 pp 885–900 om reg pubd gaz 4 July 1981 pp 1797–8 Form 44—Notification to appellant of order staying execution of order quashing conviction under section 672(1) ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 45—Notification to appellant of order for detention or admission to bail pending appeal by the Crown law officer to High Court under section 672(2) ins reg pubd gaz 29 August 1914 pp 885–900 amd reg pubd gaz 4 July 1981 pp 1797–8 Form 46—Form of order to superintendent of prison where the High Court reverse the order of the Court of Appeal quashing a conviction ins reg pubd gaz 29 August 1914 pp 885–900 © State of Queensland 1996