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CRIMINAL PRACTICE RULES 1999

- Made under the Supreme Court of Queensland Act 1991 - As at 1 February 2024 - Reg 112 of 1999

Table of Provisions

CHAPTER 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Definitions
  • 4 Application of rules generally
  • 5 Application of rules to Magistrates Courts
  • 6 Extending and shortening time
  • 7 Effect of noncompliance with rules
  • 8 Court’s power to make orders or give directions
  • 9 Court may impose appropriate conditions
  • 10 Electronic filing, giving or issuing of documents
  • 11. (Repealed)

CHAPTER 2 - FORMS FOR PROCEEDINGS

  • 12 Title of proceeding
  • 13 Forms generally
  • 14 Forms of indictment or information
  • 15 Statement of offences

CHAPTER 3 - APPLICATIONS

CHAPTER 4 - PRACTITIONER’S AND COURT’S DUTIES

CHAPTER 5 - INFORMATIONS BY PRIVATE PERSONS FOR INDICTABLE OFFENCES

CHAPTER 6 - BAIL

CHAPTER 7 - BENCH WARRANTS

CHAPTER 8 - SUBPOENAS

PART 1 - GENERAL

  • 29 Subpoenas
  • 30 Medical, hospital and government records
  • 31 Objecting to inspecting or copying medical, hospital and government records
  • 32 Prosecutor’s obligations when document to be admitted in evidence
  • 33 Setting aside or narrowing subpoena
  • 34 Applying for costs
  • 35 Travelling expenses

PART 2 - SERVICE

  • 36 Application of pt 2
  • 37 Service—individuals
  • 38 Service—corporations
  • 39 Service—minors
  • 40 Service—intellectually impaired persons
  • 40A Service by email

CHAPTER 9 - PRE-TRIAL DIRECTIONS AND RULINGS GENERALLY

CHAPTER 9A - DISCLOSURE OBLIGATION DIRECTIONS

CHAPTER 10 - TRIAL PROCEEDINGS

CHAPTER 11 - EVIDENCE

  • 52 Application of ch 11
  • 53 Evidence by telephone, video link or another form of communication
  • 54 Evidence to be produced at appeal

CHAPTER 12 - CUSTODY AND INSPECTION OF EXHIBITS AND ACCESS TO COURT FILES

CHAPTER 13 - STAYS OF EXECUTION

  • 58 Stays of execution

CHAPTER 13A - TRANS-TASMAN PROCEEDINGS

PART 1 - PRELIMINARY

PART 2 - APPLICATIONS

PART 3 - SUBPOENAS

PART 4 - REMOTE APPEARANCES

CHAPTER 14 - RECORDING PROCEEDINGS

CHAPTER 14A - SERIOUS DRUG OFFENCE CERTIFICATES

  • 62A Definition for chapter
  • 62B Issue of certificate in first instance
  • 62C Amendment of certificate

CHAPTER 15 - APPEALS TO COURT OF APPEAL

PART 1 - PRELIMINARY

PART 2 - APPEALS BY CONVICTED PERSONS

Division 1 - Starting appeals

Division 2 - Registrar’s powers and obligations

Division 3 - General provisions preliminary to hearing an appeal

  • 69 Abandoning applications
  • 70 Abandoning appeal
  • 71 Trial judge’s directions etc. about revesting or restitution of property on conviction
  • 72 Certificate of conviction
  • 73 Lawyer acting for convicted person
  • 74 Lawyer withdrawing from acting for convicted person

Division 4 - Attendance at appeal

  • 75 Application for leave to be present
  • 76 Appellant on bail
  • 77 Appellant in custody

Division 5 - Provisions about particular orders made when appeal upheld

  • 78 Registrar to give notice of particular orders
  • 79 Crown law officer may be heard on application for immediate execution of original order etc.
  • 80 Court’s power to order re-arrest on appeal by Crown law officer

PART 3 - ATTORNEY-GENERAL’S APPEALS AND REFERENCES OF POINTS OF LAW

  • 81 Starting appeal
  • 82 Referring point of law

PART 4 - PARTICULAR APPEALS UNDER DISTRICT COURT OF QUEENSLAND ACT 1967, SECTION 118

83. Application of pt 4

PART 5 - APPEALS FROM INFORMATIONS PRESENTED BY PRIVATE PERSONS FOR INDICTABLE OFFENCES

  • 87 Definitions for pt 5
  • 88 Duties of registrar
  • 89 Information and things to be given to registrar or Crown law officer
  • 90 Court may order Crown law officer to defend appeal

PART 6 - OTHER PROVISIONS ABOUT APPEALS

Division 1 - Preliminary

Division 2 - Time for appealing and applying for leave to appeal

  • 92 Working out time for appealing or applying for leave to appeal

Division 3 - Registrar’s powers and obligations

  • 93 Registrar to give notice of probable hearing day
  • 94 Registrar’s power to ask for trial judge’s comments
  • 95 Registrar’s power to ask for things for court
  • 96 Service of orders and notices
  • 97 Appeal record book

Division 4 - Parties’ access to particular records and exhibits

  • 98 Parties’ access to documents and exhibits held by registrar
  • 99 Publication of pre-sentence and psychiatric reports

Division 5 - Returning exhibits

  • 100 Returning exhibits

PART 7 - MISCELLANEOUS

Division 1 - Cases stated

Division 2 - Powers exercisable by a judge

Division 3 - Applications and notices of appeal by persons in custody

Division 4 - Evidence and examination of witnesses

  • 108 Application for leave to adduce evidence
  • 109 Order for examination of witness
  • 110 Notice of day and time for examination by examiner
  • 111 Witnesses’ travelling expenses
  • 112 Parties may attend examination
  • 113 Registrar to give examiner documents or other things for examination
  • 114 Procedure for examination

Division 5 - Orders referring questions for inquiry and report to commissioners

  • 115 Content of order

Division 6 - Decision on appeal

Division 7 - Other miscellaneous provisions about appeals

CHAPTER 16 - MISCELLANEOUS

CHAPTER 17 - TRANSITIONAL PROVISIONS

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