Criminal Practice Rules 1999 (Qld)

Criminal Practice Rules 1999

Chapter 1    Preliminary

1   Short title

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

2   Commencement

These rules commence on 1 July 1999.

3   Definitions

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

4   Application of rules generally

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

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

5   Application of rules to Magistrates Courts

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

•chapters 1, 3, 11, 12 and 13A

•chapter 8, rules 30 to 34

•chapter 9A

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

6   Extending and shortening time

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

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

7   Effect of noncompliance with rules

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

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

(a)waive the noncompliance; or

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

(c)make another order it considers appropriate.

Example of an order made under paragraph (c)—

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

8   Court’s power to make orders or give directions

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

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

9   Court may impose appropriate conditions

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

10   Electronic filing, giving or issuing of documents

(1)Unless otherwise stated in these rules—

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

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

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

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

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

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

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

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

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

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

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

(b)stamped with the court’s seal.

11   [Repealed]

Chapter 2    Forms for proceedings

12   Title of proceeding

A proceeding must be entitled—

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

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

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

13   Forms generally

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

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

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

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

Notes—

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

2Approved forms are available on the Queensland Courts website.

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

14   Forms of indictment or information

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

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

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

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

15   Statement of offences

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

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

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

Chapter 3    Applications

16   Applications generally

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

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

17   Service of application

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

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

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

(4)In this rule—

electronic transmission means a transmission made electronically.

Chapter 4    Practitioner’s and court’s duties

18   Lawyer acting for accused person

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

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

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

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

(a)address for service; and

(b)telephone and facsimile number; and

(c)email address, if any.

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

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

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

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

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

19   Lawyer withdrawing from acting for accused person

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

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

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

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

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

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

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

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

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

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

(i)the prosecutor;

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

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

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

20   Director of public prosecutions

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

Editor’s note—

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

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

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

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

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

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

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

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

•Another charge may be added.

•A committal charge may be omitted.

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

•Another charge may be substituted for a committal charge.

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

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

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

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

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

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

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

(a)the deputy director of public prosecutions; or

(b)a Crown prosecutor.

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

(9)In this rule—

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

21   Court

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

Chapter 5    Informations by private persons for indictable offences

22   Definitions for ch 5

In this chapter—

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

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

23   Service of application

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

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

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

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

24   Hearing of application

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

Chapter 6    Bail

25   Application for bail

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

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

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

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

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

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

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

26   Application to revoke bail

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

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

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

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

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

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

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

27   Application by surety for discharge

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

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

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

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

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

Chapter 7    Bench warrants

28   Application for bench warrant

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

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

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

Chapter 8    Subpoenas

Part 1    General

29   Subpoenas

(1)This rule applies if—

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

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

(c)a person starts an appeal to a court; or

(d)a person files an application for leave to make a subsequent appeal under rule 66A, or starts a subsequent appeal.

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

(a)give evidence;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

30   Medical, hospital and government records

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

(a)a medical record;

(b)a hospital record;

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

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

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

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

(5)The proper officer must—

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

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

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

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

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

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

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

Note—

Rule 57A deals with court records.

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

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

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

(b)stating the grounds for the objection.

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

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

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

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

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

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

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

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

33   Setting aside or narrowing subpoena

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

(a)setting aside the subpoena; or

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

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

34   Applying for costs

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

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

(a)the party who served the subpoena; or

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

35   Travelling expenses

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

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

(i)when the subpoena is served; or

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

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

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

Part 2    Service

36   Application of pt 2

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

Editor’s note—

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

37   Service—individuals

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

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

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

38   Service—corporations

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

Editor’s note—

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

39   Service—minors

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

(a)the minor’s parent or guardian; or

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

Editor’s note—

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

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

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

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

40   Service—intellectually impaired persons

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

(2)In this rule—

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

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

(b)results in—

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

(ii)the person needing support.

40A   Service by email

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

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

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

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

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

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

(3)In this rule—

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

Chapter 9    Pre-trial directions and rulings generally

41   Application of ch 9

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

42   Application for direction or ruling

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

(2)The application must state—

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

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

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

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

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

(a)quashing or staying the indictment;

(b)joining accused persons or charges;

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

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

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

42A   Affidavit to accompany application for no jury order

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

(2)The affidavit must—

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

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

Example of grounds—

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

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

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

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

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

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

43   [Repealed]

Chapter 9A    Disclosure obligation directions

43A   Purpose and scope of ch 9A

This chapter states the procedures applying in relation to—

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

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

43B   Definitions for ch 9A

In this chapter—

applicant means a party to a proceeding who—

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

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

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

disclosure obligation means a disclosure obligation under—

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

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

disclosure obligation direction means a disclosure obligation direction under—

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

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

nominated time see rule 43C(2)(d).

party, to a proceeding, means—

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

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

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

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

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

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

43C   Procedure applying before filing of application for disclosure obligation direction

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

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

(a)advise the respondent of the following—

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

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

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

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

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

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

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

(3)The nominated time must be—

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

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

(4)The response must—

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

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

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

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

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

43D   Filing of application for disclosure obligation direction

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

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

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

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

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

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

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

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

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

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

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

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

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

43E   Disposal of application for disclosure obligation direction

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

Chapter 10    Trial proceedings

44   Definition for ch 10

In this chapter—

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

45   Application of ch 10

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

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

46   Procedure on arraignment—Code, s 597C

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

(a)for an accused person arraigned alone—

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

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

(b)for accused persons arraigned together—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

49   Giving jury a copy of the indictment

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

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

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

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

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

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

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

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

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

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

Chapter 11    Evidence

Part 1    General

52   Application of part

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

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

(3)In subrule (1)—

proceeding, for an offence, includes—

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

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

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

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

54   Evidence to be produced at appeal

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

Part 2    Interpreters

54AA    Main purposes of part

The main purposes of this part are—

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

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

54AB    Definitions

In this part—

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

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

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

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

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

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

recognised agency means—

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

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

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

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

54AC    Proceedings to be conducted in English

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

54AD    When interpreter must be provided for accused person

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

(a)understand and participate in the proceeding; or

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

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

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

54AE    When interpreter is required by witness

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

(2)The witness may—

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

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

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

Note—

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

54AF    Who may act as interpreter generally

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

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

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

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

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

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

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

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

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

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

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

(i)personal or religious beliefs; and

(ii)cultural or other circumstances.

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

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

(b)immediately disclose the matter to the court.

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

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

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

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

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

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

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

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

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

(e)the person is an adult.

54AH    Duties of interpreter

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

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

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

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

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

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

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

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

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

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

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

54AI    Code of conduct for interpreters

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

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

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

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

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

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

54AJ    Translated evidence

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

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

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

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

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

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

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

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

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

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

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

54AL    Court may give directions in relation to interpreters

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

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

(i)gender; and

(ii)age; and

(iii)ethnic, cultural or social background;

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

(c)establishing the expertise of an interpreter;

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

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

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

(i)the indictment or charge sheet; and

(ii)affidavits and statements; and

(iii)lists of witnesses; and

(iv)other documents;

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

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

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

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

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

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

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

(n)the payment of interpreters;

(o)any other direction the court considers appropriate.

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

Chapter 12    Custody and inspection of exhibits and access to court files

54A   Definitions for ch 12

In this chapter—

trial includes—

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

(b)a committal proceeding; and

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

trial judge means—

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

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

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

55   Production, custody and disposal of exhibits and other documents

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

(a)an exhibit;

(b)a jury note;

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

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

(a)for a concluded trial, may—

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

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

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

56   Inspection and obtaining copies of exhibits

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

(a)the exhibit’s security; or

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

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

(a)the exhibit’s security; or

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

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

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

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

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

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

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

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

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

(a)a document marked for identification; or

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

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

Note—

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

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

56A   Copying for publication of exhibits

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

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

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

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

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

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

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

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

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

(c)the nature of the exhibit;

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

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

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

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

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

(iii)a family member of the accused person;

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

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

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

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

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

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

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

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

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

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

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

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

(n)the likely cost of copying the exhibit.

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

57   Access to court files

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

(a)the indictment;

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

(c)the order sheet;

(d)the transmission sheet;

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

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

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

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

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

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

(k)the verdict and judgment record.

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

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

(b)an exhibit;

(c)a document marked for identification;

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

(e)the appeal record book or subsequent appeal record book;

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

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

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

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

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

(6)Subrules (3) and (5)—

(a)apply subject to—

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

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

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

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

(i)the order sheet;

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

(iii)the verdict and judgment record; and

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

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

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

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

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

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

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

(9)If a person mentioned in subrule (3) or (5) is a relevant court or tribunal, or a registry official of a relevant court or tribunal, this rule applies to the person without the requirement that the person pay the prescribed fee.

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

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

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

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

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

(12)In this rule—

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

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

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

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

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

registry official, of a relevant court or tribunal, means a registrar, clerk of the court or other officer (however described) of the relevant court or tribunal.

relevant court or tribunal means—

(a)the Federal Circuit and Family Court of Australia (Division 1); or

(b)the Federal Circuit and Family Court of Australia (Division 2); or

(c)the Family Court of Western Australia; or

(d)another court or tribunal of a State.

57A   Duties of proper officer of the court about court records

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

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

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

(2)However, for an appeal, subsequent appeal, application for leave to appeal or application for leave to make a subsequent appeal (each an appeal proceeding) to another court, the proper officer may forward to the other court records relevant to the appeal proceeding.

Chapter 13    Stays of execution

58   Stays of execution

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

(a)property;

(b)the payment of an amount;

(c)a disqualification.

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

Chapter 13A    Trans-Tasman proceedings

Part 1    Preliminary

58A   Definition for ch 13A

In this chapter—

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

58B   Interpretation

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

Note—

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

•audio link

•audiovisual link

•document

•given

•party

•proceeding.

58C   Application of ch 13A

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

Part 2    Applications

58D   Applications in proceeding under Trans-Tasman Proceedings Act

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

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

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

Part 3    Subpoenas

58E   Application for leave to serve subpoena in New Zealand

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

(2)The application must be accompanied by—

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

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

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

(ii)whether the person is over 18 years;

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

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

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

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

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

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

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

Notes—

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

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

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

58F   Application to set aside subpoena

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

(2)The application must be accompanied by—

(a)a copy of the subpoena; and

(b)an affidavit stating the following—

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

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

58G   Application for issue of certificate of noncompliance with subpoena

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

(2)The application may be made—

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

(b)by filing the application.

(3)The application must be accompanied by—

(a)a copy of the subpoena; and

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

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

(d)a further affidavit stating the following—

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

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

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

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

Note—

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

Part 4    Remote appearances

58H   Application for order for use of audio link or audiovisual link

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

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

Chapter 14    Recording proceedings

59   Application of ch 14

(1)This chapter applies to proceedings on indictment.

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

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

60   [Repealed]

61   Recording proceedings

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

(a)for each appearance—

(i)the name of the judge; and

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

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

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

(v)the date of the appearance;

(b)any bail order;

(c)the plea;

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

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

(f)the verdict;

(g)the judgment;

(h)the sentence;

(i)any other order.

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

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

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

62   Verdict and judgment record

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

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

(a)the charge;

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

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

(d)the plea;

(e)the verdict;

(f)the sentence;

(g)the judgment;

(h)any other order.

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

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

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

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

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

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

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

Chapter 14A    Serious drug offence certificates

62A   Definition for chapter

In this chapter—

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

62B   Issue of certificate in first instance

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

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

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

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

(5)In this rule—

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

serious drug offender means a person who is—

(a)convicted of a serious drug offence; and

(b)yet to be sentenced for the offence.

62C   Amendment of certificate

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

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

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

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

(b)a notice—

(i)explaining the proposed amendments; and

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

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

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

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

(5)In this rule—

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

Chapter 15    Appeals, subsequent appeals and references to Court of Appeal

Part 1    Preliminary

63   Definitions for ch 15

In this chapter—

court means the Court of Appeal.

judge means a judge of appeal.

Part 2    Appeals and subsequent appeals by convicted persons

Division 1 Starting appeals

64   Application of div 1

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

65   Application for leave to appeal

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

(2)The notice must—

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

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

(3)If the notice is not filed in the appeal period, the applicant must also file with the registrar—

(a)a notice of application for extension of time for filing the notice of application for leave to appeal; and

(b)an affidavit setting out the evidence in support of the application.

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

66   How to start appeal

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

(2)The notice must—

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

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

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

(3)If the notice is not filed in the appeal period, the person must also file with the registrar—

(a)a notice of application for extension of time for filing the notice of appeal; and

(b)an affidavit setting out the evidence in support of the application.

Division 1A Starting subsequent appeals

66A    Application for leave to make subsequent appeal

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

(2)The notice must—

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

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

(c)be accompanied by an affidavit setting out the fresh and compelling evidence, or the new and compelling evidence, relied on in the grounds of the subsequent appeal.

(3)If the court gives the applicant leave to make a subsequent appeal—

(a)the applicant is taken to have started a subsequent appeal; and

(b)the notice of application for leave to make a subsequent appeal is taken to be the notice of subsequent appeal for the purposes of the Code, sections 671H(4) and 671K(1).

(4)In this rule—

fresh and compelling evidence see the Code, section 671AB.

new and compelling evidence see the Code, section 671AB.

Division 2 Registrar’s powers and obligations

67   Registrar to give respondent copies of particular documents

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

(a)the notice of appeal;

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

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

(d)any affidavit filed under rule 65(3)(b) or 66(3)(b).

(2)The registrar must give the respondent to a subsequent appeal copies of the following documents filed with the registrar for the subsequent appeal—

(a)the notice of application for leave to make a subsequent appeal;

(b)the affidavit accompanying the notice under rule 66A(2)(c).

68   Registrar to give interested persons notice about appeal

(1)This rule applies if any of the following matters mentioned in the Code, section 670(1) arises in an appeal—

(a)an order for—

(i)the restitution of property; or

(ii)the payment of compensation to an aggrieved person;

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

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

(3)In this rule—

interested person means—

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

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

Division 3 General provisions preliminary to hearing appeal or subsequent appeal

69   Abandoning applications

(1)This rule applies to an applicant—

(a)for leave to appeal; or

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

(c)for leave to make a subsequent appeal.

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

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

Form 348 Preparing to commit a crime with dangerous things

(Section 540. Preparation to commit crimes with dangerous things)

Made (or Knowingly had in his (or her) possession) an explosive substance (or a dangerous (or noxious) thing), with intent to use it to commit a crime (or for the purpose of enabling MN (or another person) to commit a crime with it).

Chapter 56 Conspiracy

Form 349 Conspiracy to commit [state offence e.g. by using the schedule form]

(Section 541. Conspiracy to commit crime)

(Section 542. Conspiracy to commit other offences)

1  Conspired together (or with another person) to commit a crime (or offence), namely [describe crime or offence e.g., for an offence, by using the schedule form heading]

2  Conspired together (or with another person) to do an act [describe the act] at [name the place where it was proposed to be done], which had it been done in Queensland, would have been a crime (or offence), and which was an offence under the laws of [place].

Form 350 Conspiracy

(Section 543. Other conspiracies)

1  Conspired together (or with another person) to prevent (or defeat) the execution (or enforcement) of the provisions of the [state the statute], namely that [set out relevant provisions].

2  Conspired together (or with another person) to cause an injury to the person of EF (or to the reputation of EF or to depreciate the value of [describe the property] the property of EF).

3  Conspired together (or with another person) to prevent (or obstruct) the free and lawful disposition by EF of [describe the property] belonging to him (or her), for its fair value.

4  Conspired together (or with another person) to injure EF in his (or her) trade (or profession) of a [describe it].

5  Conspired together (or with another person) to prevent (or obstruct) by [state the acts done] the free and lawful exercise by EF of his (or her) trade (or profession or occupation) of a [describe it].

6  Conspired together (or with another person) to effect an unlawful purpose, namely (describe the unlawful purpose).

7  Conspired together (or with another person) to effect [describe the lawful purpose] by unlawful means, namely [describe the means].

Chapter 57 Accessories after the fact

Form 351 Accessory after the fact to [state offence e.g. by using the schedule form heading]

(Section 10. Accessories after the fact)

(Section 307. Accessory after the fact to murder)

(Section 544. Accessories after the fact to offences)

(Section 545. Punishment of accessories after the fact to offences)

[Describe the principal offence e.g. by using the schedule form, and continue as follows]:

And AB on [date] at [place] received (or assisted) [name the principal offender], who to his (or her) knowledge was guilty of the crime (or the offence), to enable him (or her) to escape punishment.

Schedule 4 Forms for indictments, informations and complaints— statement of offences under the Drugs Misuse Act 1986

rules 13 and 15

Form 352 Trafficking in a dangerous drug

(Section 5. Trafficking in dangerous drugs)

Carried on the business of unlawfully trafficking in the dangerous drug(s) [name the drug(s)].

And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

(a)  was a participant in a criminal organisation; and

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 353 Supplying a dangerous drug (with a circumstance of aggravation)

(Section 6. Supplying dangerous drugs)

1  Unlawfully supplied the dangerous drug [name the drug] to another person (or to EF).

  And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

  

(a)  was a participant in a criminal organisation; and

  

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

2  Being an adult, unlawfully supplied the dangerous drug [name the drug] to EF, a minor (or an intellectually impaired person or who was within an educational institution (or correctional facility) or who did not know that he (or she) was being supplied with the drug).

  And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

  

(a)  was a participant in a criminal organisation; and

  

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 354 Receiving (or possessing) property obtained from trafficking (or supplying)

(Section 7. Receiving or possessing property obtained from trafficking or supplying)

1  Received (or possessed) [describe the property] obtained from trafficking in a dangerous drug(s) (or supplying a dangerous drug), knowing (or believing) it to have been obtained from the trafficking or supply.

  And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

  

(a)  was a participant in a criminal organisation; and

  

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

2  Received (or possessed) [describe the property], knowing (or believing) it to have been obtained from the commission of an act done at [place, not in Queensland], which if it had been done in Queensland would have constituted the offence of trafficking in a dangerous drug(s), (or supplying a dangerous drug), and which was an offence under the laws in force there.

  And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

  

(a)  was a participant in a criminal organisation; and

  

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

3  Received (or possessed) (part of) [describe the property obtained] knowing (or believing) that it was wholly (or in part) mortgaged (or pledged or exchanged or converted) from property obtained from trafficking in a dangerous drug (or supplying a dangerous drug).

  And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

  

(a)  was a participant in a criminal organisation; and

  

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

4  Received (or possessed) [describe the property obtained] knowing (or believing) that it was wholly (or in part) mortgaged (or pledged or exchanged or converted) from property obtained from the commission of an act done at [place, not in Queensland], which if it had been done in Queensland would have constituted the offence of trafficking in a dangerous drug(s), (or supplying a dangerous drug), and which was an offence under the laws in force there.

  And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

  

(a)  was a participant in a criminal organisation; and

  

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 355 Producing a dangerous drug (in excess of [state the quantity])

(Section 8. Producing dangerous drugs)

Unlawfully produced the dangerous drug [name the drug].

And the quantity of the dangerous drug was (or exceeded) [state appropriate quantity according to schedules 3 and 4 of the Drugs Misuse Act 1986].

And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

(a)  was a participant in a criminal organisation; and

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 356 Publishing (or possessing) instructions for producing a dangerous drug

(Section 8A. Publishing or possessing instructions for producing dangerous drugs)

1  Unlawfully published instructions about the way to produce the dangerous drug [name the drug].

2  Unlawfully had possession of a document containing instructions about the way to produce the dangerous drug [name the drug].

Form 357 Possessing a dangerous drug (in excess of [state the quantity])

(Section 9. Possessing dangerous drugs)

Unlawfully had possession of the dangerous drug [name the drug].

And the quantity of the dangerous drug was (or exceeded) [state appropriate quantity according to schedules 3 and 4 of the Drugs Misuse Act 1986].

Form 357A Possessing a relevant substance (or thing)

(Section 9A. Possessing relevant substances or things)

Unlawfully possessed a relevant substance [name the substance] (or thing [name the thing]).

Form 357B Supplying relevant substance (or thing)

(Section 9B. Supplying relevant substances or things)

Unlawfully supplied a relevant substance [name the substance] (or thing [name the thing]) for use in connection with the commission of the offence of producing a dangerous drug.

And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

(a)  was a participant in a criminal organisation; and

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 357C Producing relevant substance (or thing)

(Section 9C. Producing relevant substances or things)

Unlawfully produced a relevant substance [name the substance] (or thing [name the thing]) for use in connection with the commission of the offence of producing a dangerous drug.

And AB, at the time the offence was committed (or at any time during the course of the commission of the offence)—

(a)  was a participant in a criminal organisation; and

(b)  knew (or ought reasonably to have known) the offence was being committed at the direction of a criminal organisation (or at the direction of a participant in a criminal organisation) (or in association with 1 or more persons who were, at the time the offence was committed (or at any time during the course of the commission of the offence), participants in a criminal organisation) (or for the benefit of a criminal organisation).

Form 357CA Trafficking in a relevant substance (or thing)

(Section 9D. Trafficking in relevant substances or things)

Carried on the business of unlawfully trafficking in a relevant substance (or substances), namely [state the substance(s)] (or thing (or things), namely [state the thing(s)]) for use in connection with the commission of an offence against the Drugs Misuse Act 1986, section 8.

Form 358 Possessing a thing for use (or used) in connection with [state offence e.g. by using the schedule form heading]

(Section 10(1). Possessing things)

1  Had in his (or her) possession [describe the thing] for use in connection with the commission of the crime of [state offence e.g. by using the schedule form heading].

2  Had in his (or her) possession [describe the thing] that he (or she) had used in connection with the commission of the crime of [state offence e.g. by using the schedule form heading].

Form 358A Possessing a prohibited combination of items

(Section 10B. Possession of a prohibited combination of items)

Unlawfully possessed a prohibited combination of items, namely [describe items under schedule 8C of the Drugs Misuse Regulation 1987].

Form 359 Permitting use of a place for [state offence e.g. by using the schedule form heading]

(Section 11. Permitting use of place)

Being the occupier (or concerned in the management or control) of [describe the place] permitted it to be used for the commission of the crime of [state offence e.g. by using the schedule form heading].

Form 360 Being a party to [state offence e.g. by using the schedule form heading]

(Section 12. Parties to offences committed outside Queensland)

Was a party to an act done in [state place], which if it had been done in Queensland would have constituted the crime of [state offence e.g. by using the schedule form heading] and which was an offence under the laws of [place].

Form 360A Contravening a restraining order

(Section 41(8). Restraining order)

Being a person to whose property a restraining order made by a judge relates (or to whom a copy of a restraining order made by a judge has been given (or deemed to be given)), contravened the restraining order made by the judge by attempting (or purporting) to [describe act] in disobedience (or wilful disregard) of the order.

Form 361 Disclosing informers

(Section 119. Protection of informers)

1  Disclosed the name of an informer.

2  Disclosed a particular (or particulars) that was (or were) likely to lead to the identification of an informer.

Form 362 Contravening an order prohibiting publication

(Section 121(6). Power to prohibit publication of proceedings)

Acted in contravention of an order by a judge prohibiting the publication of the proceedings (or part of the proceedings, or the name and address of a witness in the proceedings) of [describe].

Schedule 4A Forms for indictments, informations and complaints—statement of offences under the Peace and Good Behaviour Act 1982

rules 13 and 15

Form 363 Contravention of public safety order

(Section 32. Contravention of public safety order)

Without reasonable excuse, knowingly contravened a public safety order made for AB (or a group of persons of which AB is a member, namely [state group of persons]).

Form 364 Offence by owner (or occupier) of restricted premises

(Section 54. Offence by owner or occupier of restricted premises)

That EF was the owner (or occupier) of restricted premises for which EF had been served with a restricted premises order, and a disorderly activity, namely [state disorderly activity], took place at the premises after the order had been served and while the order remained in force, and EF knew (or ought reasonably to have known) the disorderly activity had taken place at the premises.

And AB has previously been convicted of an offence under the Peace and Good Behaviour Act 1982, section 54 on [date of each previous conviction] in relation to restricted premises at [state address of each restricted premises].

Form 365 Hindering removal (or modification) of a fortification

(Section 75. Hindering removal or modification of a fortification)

Did an act (or made an omission) with intent to hinder the removal (or modification) of a fortification under a fortification removal order (or the taking of enforcement action).

Schedule 5 Forms for other proceedings

rule 13

Part 1    Applications

Form 363 [Repealed]

(Repealed)

Form 364 [Repealed]

(Repealed)

Form 365 [Repealed]

(Repealed)

Form 366 [Repealed]

(Repealed)

Form 367 [Repealed]

(Repealed)

Form 368 [Repealed]

(Repealed)

Form 369 [Repealed]

(Repealed)

Part 2    Orders

Form 370 [Repealed]

(Repealed)

Part 3    Informations by private persons

Form 371 [Repealed]

(Repealed)

Form 372 [Repealed]

(Repealed)

Form 373 [Repealed]

(Repealed)

Form 374 [Repealed]

(Repealed)

Form 375 [Repealed]

(Repealed)

Form 376 [Repealed]

(Repealed)

Form 377 [Repealed]

(Repealed)

Part 4    Bench warrants

Form 378 [Repealed]

(Repealed)

Part 5    Subpoenas

Form 379 [Repealed]

(Repealed)

Form 380 [Repealed]

(Repealed)

Form 381 [Repealed]

(Repealed)

Part 6    Forms under criminal appeal rules

Form 382 [Repealed]

(Repealed)

Form 383 [Repealed]

(Repealed)

Form 384 [Repealed]

(Repealed)

Form 385 [Repealed]

(Repealed)

Form 386 [Repealed]

(Repealed)

Form 387 [Repealed]

(Repealed)

Form 388 [Repealed]

(Repealed)

Form 389 [Repealed]

(Repealed)

Form 390 [Repealed]

(Repealed)

Form 391 [Repealed]

(Repealed)

Form 392 [Repealed]

(Repealed)

Form 393 [Repealed]

(Repealed)

Form 394 [Repealed]

(Repealed)

Form 395 [Repealed]

(Repealed)

Form 396 [Repealed]

(Repealed)

Form 397 [Repealed]

(Repealed)

Form 398 [Repealed]

(Repealed)

Form 399 [Repealed]

(Repealed)

Form 400 [Repealed]

(Repealed)

Part 7    Other forms

Form 401 [Repealed]

(Repealed)

Form 402 Application for approval for examination of a person in custody by legally qualified medical practitioner and/or legally qualified dentist

(section 259)

In the [state district] Magistrates Court, Queensland

1  I, [state name], police officer, of [address] make oath and say as follows—

2  [State name of the accused person] is in lawful custody on a charge(s) of committing the offence(s) of [state offence e.g. by using the schedule form].

3  I have reasonable grounds for believing that—

  

*(a)  a legally qualified medical practitioner doing a following act may afford evidence of the commission of the offence(s)—

  

  

*(i)  examining the person of the accused person, including the orifices of the accused person’s body;

  

*(ii)  taking samples of the accused person’s blood, saliva or hair;

  

*(iii)  requiring the accused person to provide a sample of the accused person’s urine;

  

*(iv)  collecting from the accused person’s person, including from the orifices of the accused person’s body, any substance or thing, the collection of which would be unlikely to cause bodily harm to the accused person if cooperation is given;

  

*(b)  a legally qualified dentist doing a following act may afford evidence of the commission of the offence(s)—

  

  

*(i)  examining the accused person’s mouth;

  

  

*(ii)  taking samples of the accused person’s saliva;

  

*(iii)  taking dental impressions from the accused person.

*[Cross out whichever does not apply].

4  The grounds for my belief are as follows [set out fully]—

5  I have informed the accused person of his or her right to have present while the act is being done 2 persons of the accused person’s choice.

6  I apply for approval for the acts stated in this application to be done.

SWORN by the applicant

at [place] this                    day of [month and year]

before me

  

  

  

  

  

   Justice of the peace

Form 403 Approval for examination of a person in custody by legally qualified medical practitioner or dentist

(section 259)

In the [state district] Magistrates Court, Queensland.

I, [state name], stipendiary magistrate—

  

(a)  am satisfied that—

  

  

(i)  [state name], the accused person, is in lawful custody on a charge of committing the offence(s) of [state offence e.g. by using the schedule form]; and

  

  

(ii)  there are reasonable grounds for believing that the doing of the acts mentioned in paragraphs (b) and (c) may afford evidence of the commission of the offence(s); and

  

  

(iii)  the accused person has been informed of the accused person’s right to have present while the act is being done 2 persons of the accused person’s choice; and

  

*(b)  approve the doing of the following acts by a legally qualified medical practitioner—

  

  

*(i)  examining the person of the accused person, including the orifices of the accused person’s body;

  

  

*(ii)  taking samples of the accused person’s blood, saliva or hair;

  

*(iii)  requiring the accused person to provide a sample of the accused person’s urine;

  

  

*(iv)  collecting from the accused person’s person, including from the orifices of the accused person’s body, any substance or thing, the collection of which would be unlikely to cause bodily harm to the accused person if cooperation is given; and

  

*(c)  approve the doing of the following acts by a legally qualified dentist—

  

  

*(i)  examining the accused person’s mouth;

  

  

*(ii)  taking samples of the accused person’s saliva;

  

*(iii)  taking dental impressions from the accused person.

*[Cross out whichever does not apply].

(Signed) Stipendiary magistrate

Date:

Place:

Important notice

Before any of the acts mentioned in paragraphs (b) and (c) are done, the accused person must be given a copy of this approval and informed of its contents.

Form 404 [Repealed]

(Repealed)

Schedule 5A Code of conduct for interpreters

rule 54AB, definition code of conduct

1   Application of code of conduct

This code of conduct applies to any person (an interpreter) who, whether or not for fee or any other reward, is engaged or volunteers to act as an interpreter in a proceeding, or otherwise becomes involved in acting as an interpreter in a proceeding, by—

(a)interpreting from any spoken or signed language (the other language) into English and from English into the other language for any person; and

(b)sight translating documents.

2   Definitions for code of conduct

In this code of conduct—

accurate, in relation to an interpretation, translation or sight translation, means—

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

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

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

interpreter see rule 1.

other language see rule 1.

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

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

3   General duty to the court

(1)An interpreter has an overriding duty—

(a)to be accurate to the best of the interpreter’s ability; and

(b)to assist the court impartially.

(2)An interpreter’s paramount duty is to the court and not to any party to, or witness in, the proceeding (including the person engaging or paying the interpreter).

(3)An interpreter is not an agent, assistant or advocate of a party to, or witness in, the proceeding.

4   Duty to comply with directions

An interpreter must comply with any direction of the court.

5   Duty of accuracy

(1)An interpreter must at all times use their best judgement to be accurate in their interpretation, translation or sight translation.

(2)If an interpreter considers that their interpretation, translation or sight translation is, or could be, in any way inaccurate or incomplete, or that it requires qualification or explanation (including, but not limited to, because the other language is ambiguous or otherwise unclear for any reason)—

(a)the interpreter must immediately inform the party who engaged them and provide the necessary correction, qualification or explanation to the party; and

(b)if their interpretation, translation or sight translation is being given or was given in court, immediately inform the court and provide the necessary correction, qualification or explanation to the court.

6   Duty of impartiality

(1)An interpreter must, at all times, act as an interpreter impartially so as to be without bias in favour of or against any person, including, but not limited to—

(a)the person whose evidence the interpreter is interpreting; and

(b)the party who has engaged, or is paying, the interpreter; and

(c)any other party to, or person involved in, the proceeding.

(2)Unless the court orders otherwise, an interpreter must not accept an engagement to act as an interpreter in relation to a proceeding if the interpreter—

(a)is or may become a party to, or witness in, the proceeding; or

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

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

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

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

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

(i)personal or religious beliefs; and

(ii)cultural or other circumstances.

(3)Other than carrying out their engagement to act as an interpreter, an interpreter must not provide any other assistance, service or advice in relation to the proceeding to any person, including—

(a)the party, legal representative or other person who has engaged the interpreter; or

(b)any witness or potential witness in the proceeding.

7   Duty of competence

(1)An interpreter must only undertake work they are competent to perform in the languages for which they are qualified by reason of their training, qualifications or experience.

(2)If it becomes apparent in the course of a proceeding that expertise beyond the interpreter’s level of competence is required, the interpreter must—

(a)inform the court immediately; and

(b)work to resolve the situation by either withdrawing from the proceeding or following another strategy acceptable to the court.

8   Duty of confidentiality

(1)An interpreter must keep confidential all information in any form whatsoever that the interpreter acquires in the course of their engagement to act as an interpreter (including any communication subject to legal professional privilege).

(2)Subrule (1) does not apply to the extent—

(a)the disclosure of the information is required by an Act or another law; or

(b)the information is in, or comes into, the public domain other than by an act of the interpreter in breach of this duty of confidentiality; or

(c)the beneficiary of the legal professional privilege has waived the privilege.

Schedule 6 Dictionary

rule 3

accurately, in relation to interpreting, translating or sight translating, for chapter 11, part 2, see rule 54AB.

accused person means—

(a)for chapter 5—see rule 22; or

(b)otherwise—

(i)a person who has been charged with an indictable offence and committed to a court for trial; or

(ii)a person against whom an indictment has been presented.

appeal, for chapter 15, part 6, see rule 91.

appeal period means—

(a)the period in which a notice of appeal or notice of application for leave to appeal must be given under the Code, section 671; or

(b)for an appeal under the District Court of Queensland Act 1967, section 118, 1 calendar month after the decision appealed from.

appeal record book see rule 97(1)(a).

appellant means a person who—

(a)starts an appeal or subsequent appeal; or

(b)applies for leave to appeal or leave to make a subsequent appeal.

applicant, for chapter 9A, see rule 43B.

applicant’s communication, for chapter 9A, see rule 43B.

application, for chapter 5, see rule 22.

chief executive (corrective services) ...

Code means the Criminal Code.

code of conduct, for chapter 11, part 2, see rule 54AB.

concluded trial means a trial for which—

(a)a verdict of not guilty has been returned or a finding of not guilty has been made; or

(b)the jury has been discharged or the trial has otherwise concluded without a verdict or finding; or

(c)a verdict of guilty has been returned or a finding of guilty has been made and an appeal has not been started within the appeal period.

conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court.

coroner means a coroner or deputy coroner under the Coroners Act 1958.

Editor’s note—

Coroners Act 1958—now see the Coroners Act 2003, section 103.

court, for a proceeding—

(a)for chapters 1, 3 and 12 and chapter 8, rules 30, 31, 33 and 34 and rule 62—means the Court of Appeal, the Supreme Court, the District Court, a Magistrates Court, a judge of appeal, or a judge of the Supreme Court or District Court, hearing the proceeding; or

(b)for chapter 11, part 1, see rule 52(1) and (2); or

(c)for chapter 15, see rule 63; or

(d)otherwise—means the Court of Appeal, the Supreme Court, the District Court, a judge of appeal, or a judge of the Supreme Court or District Court, hearing the proceeding.

court of trial means any court from whose finding, sentence, or other decision a person is entitled under the Code—

(a)to appeal or apply for leave to appeal; or

(b)to apply for leave to make a subsequent appeal.

Crown law officer means the Attorney-General or the director of public prosecutions.

director of public prosecutions means—

(a)for an indictment presented by the Crown in right of the State, the Director of Public Prosecutions for Queensland; or

(b)for an indictment presented by the Commonwealth, the Director of Public Prosecutions for the Commonwealth.

disclosure obligation, for chapter 9A, see rule 43B.

disclosure obligation direction, for chapter 9A, see rule 43B.

electronically means by electronic or computer-based means.

examiner, see rule 109(1).

exhibit means a document or anything else produced in evidence at a trial.

indictment, for chapters 6 to 8, 10, 12, 14 and 15, includes an information presented by a private person against someone else with the Supreme Court’s leave.

interpret, for chapter 11, part 2, see rule 54AB.

judge, for chapter 15, see rule 63.

Jury Act means the Jury Act 1995.

lawyer includes a firm of solicitors and Legal Aid Queensland.

nominated time, for chapter 9A, see rule 43B.

other language, for chapter 11, part 2, see rule 54AB.

party—

(a)for chapter 8, see rule 29(2); or

(b)for chapter 9, see rule 41; or

(c)for chapter 9A, see rule 43B; or

(d)for chapter 15, part 6, see rule 91.

present, before a court or judge, includes present by way of telephone, audio or video link or another form of telecommunication.

prison means a place declared to be a prison under the Corrective Services Act 2006, section 149.

private prosecutor, for chapter 15, part 5, see rule 87.

proper officer, for chapter 10, see rule 44.

proper officer, of the court, means—

(a)for the Supreme Court—the sheriff, the deputy sheriff or the registrar; or

(b)for the District Court—the court’s registrar; or

(c)for a Magistrates Court—the clerk of the court.

prosecution, for chapter 9A, see rule 43B.

prosecutor means—

(a)for a proceeding in the Court of Appeal, the Supreme Court or the District Court—

(i)the director of public prosecutions; or

(ii)a private prosecutor; or

(b)for a proceeding in a Magistrates Court—the director of public prosecutions or a complainant.

recognised agency, for chapter 11, part 2, see rule 54AB.

record includes part of a record.

registrar includes—

(a)for the Court of Appeal—the senior deputy registrar of the Court of Appeal; and

(b)for the District Court—the deputy registrar of the District Court.

relevant proceeding, for chapter 9A, see rule 43B.

respondent—

(a)for an appeal or subsequent appeal, means—

(i)a person who is defending the appeal or subsequent appeal; or

(ii)a cross-appellant; or

(b)for an application for leave to appeal or an application for leave to make a subsequent appeal, means a person who is defending the application; or

(c)for chapter 9A, see rule 43B.

respondent’s response, for chapter 9A, see rule 43B.

schedule form, for an offence, means the form in schedule 3, 4 or 4A for the offence.

serious drug offence certificate, for chapter 14A, see rule 62A.

sight translate, for chapter 11, part 2, see rule 54AB.

subpoena, for a Magistrates Court, means a summons to a person to produce a document to the court under the Justices Act 1886, section 83.

subsequent appeal see the Code, section 668(1).

subsequent appeal record book see rule 97A(1)(a).

translate, for chapter 11, part 2, see rule 54AB.

trial—

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

(b)for chapter 12—see rule 54A.

trial judge—

(a)generally—means the judge who presides or presided at the court of trial; and

(b)for chapter 11, part 1—includes a magistrate and 2 justices constituting a Magistrates Court; and

(c)for chapter 12—see rule 54A.

trial prosecutor, for chapter 15, part 5, see rule 87.

trial transcript means a transcription of a record under the Recording of Evidence Act 1962 of a trial proceeding.