CRIMINAL PRACTICE RULES 1999
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 (Repealed) CHAPTER 2 - FORMS FOR PROCEEDINGS 12.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 16. Applications generally 17. Service of application CHAPTER 4 - PRACTITIONER’S AND COURT’S DUTIES 18. Lawyer acting for accused person 19. Lawyer withdrawing from acting for accused person 20. Director of public prosecutions 21. Court CHAPTER 5 - INFORMATIONS BY PRIVATE PERSONS FOR INDICTABLE OFFENCES 22. Definitions for ch 5 23. Service of application 24. Hearing of application CHAPTER 6 - BAIL 25. Application for bail 26. Application to revoke bail 27. Application by surety for discharge CHAPTER 7 - BENCH WARRANTS 28. Application for bench warrant 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 41. Application of ch 9 42. Application for direction or ruling 42A. Affidavit to accompany application for no jury order 43. (Repealed) CHAPTER 9A - DISCLOSURE OBLIGATION DIRECTIONS 43A. Purpose and scope of ch 9A 43B. Definitions for ch 9A 43C. Procedure applying before filing of application for disclosure obligation direction 43D. Filing of application for disclosure obligation direction 43E. Disposal of application for disclosure obligation direction CHAPTER 10 - TRIAL PROCEEDINGS 44. Definition for ch 10 45. Application of ch 10 46. Procedure on arraignment—Code, s 597C 47. Statement to accused person of right of challenge—Jury Act, s 39 48. Giving the accused person into the charge of the jury—Jury Act, s 51 49. Giving jury a copy of the indictment 50. Addressing an accused person at the end of the prosecution evidence—Code, s 618 51. Addressing a convicted person before sentencing—Code, s 648 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 54A. Definitions for ch 12 55. Production, custody and disposal of exhibits and other documents 56. Inspection and obtaining copies of exhibits 56A. Copying for publication of exhibits 57. Access to court files 57A. Duties of proper officer of the court about court records CHAPTER 13 - STAYS OF EXECUTION 58. Stays of execution CHAPTER 13A - TRANS-TASMAN PROCEEDINGS PART 1 - PRELIMINARY 58A. Definition for ch 13A 58B. Interpretation 58C. Application of ch 13A PART 2 - APPLICATIONS 58D. Applications in proceeding under Trans-Tasman Proceedings Act PART 3 - SUBPOENAS 58E. Application for leave to serve subpoena in New Zealand 58F. Application to set aside subpoena 58G. Application for issue of certificate of noncompliance with subpoena PART 4 - REMOTE APPEARANCES 58H. Application for order for use of audio link or audiovisual link CHAPTER 14 - RECORDING PROCEEDINGS 59. Application of ch 14 60. (Repealed) 61. Recording proceedings 62. Verdict and judgment record 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 63. Definitions for ch 15 PART 2 - APPEALS BY CONVICTED PERSONS Division 1 - Starting appeals 64. Application of div 1 65. Application for leave to appeal 66. How to start appeal Division 2 - Registrar’s powers and obligations 67. Registrar to give respondent copies of particular documents 68. Registrar to give interested persons notice about appeal 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 84. Application for leave to appeal 85. Time for filing and serving notice 86. Abandoning application 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 91. Definitions for pt 6 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 101. Application of div 1 102. What case must state 103. Giving copies of case to particular persons and amending case Division 2 - Powers exercisable by a judge 104. Application to judge 105. Judge’s decision 106. Rehearing by court Division 3 - Applications and notices of appeal by persons in custody 107. Application and notice of appeal by person 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 116. Notice of appeal decision 117. Registrar to notify appellant of application result Division 7 - Other miscellaneous provisions about appeals 118. Trial judge’s certificate 119. Dealing with fine pending appeal 120. Warrants issued by court taken to be issued under Justices Act 1886 121. Registrar’s certificate about expenses allowed on appeal CHAPTER 16 - MISCELLANEOUS 122. Repeal CHAPTER 17 - TRANSITIONAL PROVISIONS 123. Transitional provision for Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010 Schedule 1 (Repealed) SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 4A SCHEDULE 5 SCHEDULE 6