Criminal Practice Rules Amendment Regulation (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 431 Supreme Court Act 1921 CRIMINAL PRACTICE RULES AMENDMENT REGULATION (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of o 6A (Subpoenas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Production of medical, hospital and government records . . . . . . . . . 2 5 Proper officer’s obligations in relation to produced record . . . . . . . . 2 6 Objection to inspection or copying of produced record . . . . . . . . . . 3 7 Crown’s obligation when record to be adduced in evidence . . . . . . 3 8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

s1 2 s3 Criminal Practice Rules Amendment (No. 1) No. 431, 1994 ˙ Short title 1. This regulation may be cited as the Criminal Practice Rules Amendment Regulation (No. 1) 1994 . ˙ Rules amended 2. This regulation amends the Criminal Practice Rules 1900 . ˙ Amendment of o 6A (Subpoenas) 3. Order 6A— insert— ˙ ‘ Production of medical, hospital and government records ‘ 4.(1) If a subpoena requires the production of a document that— (a) is a medical or hospital record; or (b) is a record of a department of government, or a statutory authority, of a State or the Commonwealth; it is sufficient compliance with the subpoena if the record is produced to the proper officer at least 1 clear day before the time specified in the subpoena for the production of the record. ‘ (2) The proper officer must give a receipt to the person producing the record if the person asks for a receipt. ˙ ‘ Proper officer’s obligations in relation to produced record ‘ 5. The proper officer must— (a) keep a produced record in a safe place; and (b) on payment of the prescribed fee by a relevant party to the proceeding to which the record relates— (i) permit the party to inspect, or take extracts from, the record in the proper officer’s office; and (ii) give a copy of the record, or part of the record, to the party;

s3 3 s3 Criminal Practice Rules Amendment (No. 1) No. 431, 1994 and (c) produce the record to the Court as the Court directs. ˙ ‘ Objection to inspection or copying of produced record ‘ 6.(1) This rule applies if— (a) a person produces a record to the proper officer under rule 4; and (b) the person makes written objection to the proper officer to the inspection or copying of the record, or a specified part of the record; and (c) the person makes the objection when the record is produced; and (d) the objection states the grounds of the objection. ‘ (2) The proper officer must not, without the leave of the Court or a Judge— (a) permit a relevant party to inspect, or take extracts from, the produced record, or specified part of the record; or (b) give to a relevant party a copy of the produced record, or specified part of the record. ‘ (3) This rule applies despite rule 5. ˙ ‘ Crown’s obligation when record to be adduced in evidence ‘ 7.(1) If the Crown intends to adduce in evidence in a proceeding a produced record, or a part of a produced record, that can be inspected under rule 5 or 6(2), it must give to the other relevant party— (a) notice of its intention; and (b) a copy of the record, or part of the record, the Crown proposes to adduce in evidence. ‘ (2) The Crown must comply with subrule (1) a reasonable time before the record or part is adduced by it in evidence. ‘ (3) A fee is not payable to the Crown for the copy of the record or part of the record.

s3 4 s3 Criminal Practice Rules Amendment (No. 1) No. 431, 1994 ˙ ‘ Definitions ‘ 8. In this order— “prescribed fee” means— (a) for inspecting a produced record—$10; or (b) for a copy of a produced record or part of a produced record— (i) $1.30 per page for the first copy; and (ii) $0.50 per page for each additional copy; “produced record” means a record produced to the proper officer under rule 4; “proper officer” means— (a) for the Supreme Court—the sheriff, and includes the northern or central sheriff and a deputy or under sheriff; and (b) for a District Court—the registrar; “relevant party” means— (a) the Crown; or (b) an accused person or a person committed for trial; or (c) the legal representative of a person mentioned in paragraph (b).’. ENDNOTES 1. Made by the Governor in Council on 8 December 1994. 2. Notified in the Gazette on 9 December 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. © State of Queensland 1994