Criminal Practice Rules Amendment Order (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 114 Supreme Court Act 1921 CRIMINAL PRACTICE RULES AMENDMENT ORDER (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of Order 9 rule 15 (Report of judge of court of trial) . . . . . . . 2 15 Trial judge’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of Order 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 16A Publication of pre-sentence and psychiatric reports . . . . . . . . . . . . . 3 5 Replacement of Order 9 rule 36 (How appellant or respondent may obtain from registrar copies of documents or exhibits) . . . . . . . . . . . . 3 36 How appellant or respondent may obtain from registrar copies of documents, exhibits and transcripts . . . . . . . . . . . . . . . . . . 3

2 Criminal Practice Rules Amendment (No. 1) No. 114, 1993 ˙ Short title 1. This order in council may be cited as the Criminal Practice Rules Amendment Order (No. 1) 1993 . ˙ Amended order 2. The CriminalPracticeRules1900 are amended as set out in this order. ˙ Replacement of Order 9 rule 15 (Report of judge of court of trial) 3. Order 9 rule 15— omit, insert— ˙ ‘Trial judge’s report ‘15.(1) If the registrar receives— (a) a notice of appeal under this Chapter; or (b) a notice of application for leave to appeal under this Chapter; or (c) a notice of application for extension of time within which a notice of a kind mentioned in paragraph (a) or (b) must be given; or (d) notice of the exercise of the Crown Law Officer’s powers under section 672A of the Code; the registrar may request the judge of the court of trial (the “trial judge” ) to give to the registrar a written report of the trial judge’s opinion on the case generally, or on any point arising on the appellant’s case. ‘(2) The registrar must request the trial judge to give the report if directed to do so by the Court of Appeal or a Judge of Appeal. ‘(3) The trial judge may give the report if the trial judge considers that it is desirable to do so. ‘(4) If the trial judge gives the report, it forms part of the record. ’.

3 Criminal Practice Rules Amendment (No. 1) No. 114, 1993 ˙ Amendment of Order 9 4. After Order 9 rule 16 (before the heading to rules 17 to 23)— insert— ˙ ‘Publication of pre-sentence and psychiatric reports ‘16A. The Court of Appeal or a Judge of Appeal may direct that a pre-sentence report or a psychiatric report must not be published to a party to an appeal or application under this Chapter if the Court or Judge determines that— (a) the publication would not be in the interest of the party’s mental or physical health; and (b) publication to the party’s counsel or solicitor will sufficiently protect the party’s interest in relation to the appeal or application. ’. ˙ Replacement of Order 9 rule 36 (How appellant or respondent may obtain from registrar copies of documents or exhibits) 5. Order 9 rule 36— omit, insert— ˙ ‘How appellant or respondent may obtain from registrar copies of documents, exhibits and transcripts ‘36.(1) If notice of appeal or notice of application for leave to appeal has been given under this Chapter or these Rules— (a) an appellant or a respondent (the “party” ); or (b) the solicitor or other person representing the party; may, on payment of the prescribed fee, obtain from the registrar— (c) a copy of any document or exhibit in the registrar’s possession under the Code or these Rules for the purposes of the appeal; or (d) a transcript of the shorthand notes included in the appeal record book. ‘(2) If the party’s representative is funded by the Legal Aid Commission of Queensland, the registrar must supply a copy of any document or exhibit requested by the Commission free of charge, unless the registrar determines

4 Criminal Practice Rules Amendment (No. 1) No. 114, 1993 that the copy is not necessary for the purposes of the appeal. ‘(3) If an appellant— (a) is not legally represented; and (b) requests from the registrar a copy of a document or exhibit in the registrar’s custody; the registrar may supply the copy to the appellant free of charge if the registrar determines that, in all the circumstances, it is reasonable to do so. ‘(4) The prescribed fee for a transcript of the shorthand notes included in the appeal record books may be waived only if an order to that effect is made by the Court of Appeal or a Judge of Appeal. ‘(5) In this rule— “prescribed fee” means the fee prescribed for the preparation and photocopying of documents for inclusion in an appeal record book under item 29 of Part 2 of Schedule 3 to the Rules of the Supreme Court. ’. ENDNOTES 1. Made by the Governor in Council on 15 April 1993. 2. Notified in the Gazette on 16 April 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. The State of Queensland 1993