Criminal Practice Rules Amendment Order (No. 1) 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 276 Supreme Court Act 1921 CRIMINAL PRACTICE RULES AMENDMENT ORDER (No. 1) 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of Order 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2 Criminal Practice Rules Amendment (No. 1) No. 276, 1992 ˙ Short title 1. This order in council may be cited as the Criminal Practice Rules Amendment Order (No. 1) 1992 . ˙ Amended rule 2. The Criminal Practice Rules 1900 are amended as set out in this order in council. ˙ Amendment of Order 9 3.(1) Order 9 rule 6(e) and (f)— omit, insert— ‘Supply of transcript Th ‘ e(eS)tate Reporting Bureau, on receipt of— (i) a written application; and (ii) payment of the relevant fee prescribed in the RecordingofEvidence Regulation 1992 ; is to supply the applicant with a copy of the transcript of the whole or any part of the shorthand note of a trial or other proceeding. ’. (2) Order 9 rule 9— omit, insert— ‘Directions as to custody of exhibits ‘9.(1) The trial judge in a criminal trial and, in the case of an appeal to the Court of Appeal, the Court of Appeal may make any order that the judge or the Court determines for the custody, disposal, or production of an exhibit in the trial or appeal. ‘(2) If no order is made under subrule (1), the exhibit is to be held in safe keeping by the proper officer of the court of trial. ‘(3) After the trial or appeal a judge in chambers may order that an exhibit— (a) be unavailable for inspection; and

3 Criminal Practice Rules Amendment (No. 1) No. 276, 1992 (b) be sealed and not opened; without the further order of the court or a judge. ‘Inspection of exhibits ‘9A.(1) Subject to rule 9 and subrule (2), an exhibit held in safe keeping may be inspected on payment of the prescribed fee. ‘(2) The proper officer of the court of trial may refuse to allow an inspection of an exhibit if the officer considers that— (a) the security of the exhibit; or (b) the safety of any person; might be at risk. ‘(3) In this rule— “prescribed fee” means— (a) in the case of an exhibit that is a document—the fee prescribed in item 13 of Part 2 of Schedule 3 to the Rules of the Supreme Court; and (b) in any other case—$10.00. ’. ENDNOTES 1. Made by the Governor in Council on 27 August 1992. 2. Notified in the Gazette on 28 August 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Attorney-General. The State of Queensland 1992