CRIMINAL PRACTICE RULES

This legislation has been repealed.

CRIMINAL PRACTICE RULES

TABLE OF PROVISIONS

   ORDER I  

   1.1.    Interpretation  
   1.2.    Title of proceedings  

   ORDER II  

   2.1.    Title of indictments  
   2.2.    Form of statement of offences in indictments  
   2.3.    Complaints  

   ORDER IIA  

   2A.1.   Interpretation  
   2A.2.   Duty to notify Court when acting for an accused person  
   2A.3.   Duty to notify Court when ceasing to act for an accused person  
   2A.4.   Practitioner on the record presumed to be acting  

   ORDER III  

   3.1.    Subsequent pleadings to be oral  
   3.2.    Challenges  

   ORDER IV  

   4.1.    Application for leave  
   4.2.    Charges against judicial officers  
   4.3.    Prosecutor’s address for service  
   4.4.    Appearance  
   4.5.    Plea  
   4.6.    Service of notices, etc., on defendant  

   ORDER V  

   5.1.    Application for Bench warrant  
   5.2.    On information by leave  

   ORDER VI  

   6.4.    Form recognisance  

   ORDER VII  

   7.1.    To be by order of Full Court  
   7.2.    Application how made  
   7.3.    Terms may be imposed  
   7.4.    Copy pleadings for Judges  
   7.5.    Trial  

   ORDER VIII  

   8.1.    Minute book  
   8.2.    Calendar  
   8.3.    Authority for execution  
   8.4.    Certificate of result of trial  

   ORDER IX  

   9.1.    Obligation on Appellants to fill up forms of appeal notices and answer questions thereon  
   9.2.    Notices of appeal to be signed by Appellant and addressed to Registrar  
   9.3.    Where Appellant unable to write  
   9.6.    Time for appealing against conviction to run from verdict  
   9.7.    Time for appealing against sentence to run from pronouncement of sentence  
   9.8.    Time for appealing against order for restitution  
   9.9.    Registrar to obtain particulars from Clerk of Arraigns  
   9.11.   Prosecutor at trial to be ascertained  
   9.12.   Notice of application for leave to appeal  
   9.13.   Abandonment of appeal  
   9.14.   Notice of application for extension of time for appealing  
   9.15.   Appeals by prosecution  
   9.16.   Mode of instituting appeal by prosecution  
   9.17.   Application for extension of time to appeal  
   9.18.   Amendment of hearing date  
   9.19.   Substituted service  
   9.20.   Abandonment of appeal  
   9.21.   Signature of notice  
   9.22.   Appeal books to be lodged  
   9.23.   Reference under s.693A  
           9.24. Request to be made by summons  
   9.25.   Affidavits in support of summons  
   9.26.   Service of summons etc. on respondent  
   9.27.   Directions regarding reference  
   9.28.   Entry for hearing and lodging of transcript  
   9.29.   Mode of service  
   9.30.   Directions where procedure not prescribed  

   ORDER X  

   10.1.   Shorthand writers, how appointed  
   10.2.   Shorthand note to be certified by the writer  
   10.3.   Transcript to be furnished on application of Registrar  
   10.4.   Party interested may obtain transcript from shorthand writer  
   10.5.   Party interested may obtain transcript from Registrar  
   10.6.   Definition of “Party interested”  
   10.7.   Transcript to be made by writer thereof or some other person on Registrar’s directions  
   10.8.   Verification of transcript for use of Court of Criminal Appeal  

   ORDER XA  

   10A.1.  System of mechanical recording  
   10A.2.  Control of system  
   10A.3.  Reproduction of record  
   10A.4.  Duties of monitors  
   10A.5.  Duties of persons transcribing recordings  
   10A.6.  Transcript to constitute notes of evidence  
   10A.7.  Progress copies of transcript to be made available to Judge and parties  
   10A.8.  Copies of transcript to be again certified for purposes of appeal  
   10A.8A. Presumption of accuracy of transcript  
   10A.9.  Register and keeping of records  
   10A.10. Erasure of recordings  
   10A.11. Failure of recorder to be reported forthwith  

   ORDER XI  

   11.1.   Judge’s certificate under s.688 (1) (b)  
           11.2. Judge’s certificate may be given at trial without application  

   ORDER XII  

   12.1.   Answers to questions to be deemed applications to Court in certain cases  
   12.2.   Certain matter to be referred to Judge  
   12.3.   Procedure where Judge refuses application  
   12.4.   Sittings of a Judge under s.702.  

   ORDER XIII  

   13.1.   Where fine imposed on conviction to be retained pending appeal  
   13.2.   Person in custody in default of payment of fine, deemed to be person sentenced to imprisonment  
   13.3.   Person fined may in certain cases intimate appeal, and not pay fine.  
   13.4.   Fine to be repaid on success of appeal  
   13.5.   How Appellant committing breach of recognisance under this Rule may be dealt with  

   ORDER XIV  

   14.1.   Judge’s directions as to custody of exhibits  
   14.2.   List of exhibits produced before committal, to be made by Coroner or Clerk to Justices  
   14.2A.  Marking and listing of exhibits  
   14.3.   Retention and return of exhibits  

   ORDER XV  

   15.1.   Annulling or varying order of restitution of property  
   15.2.   Nonsuspension of orders for restitution, etc., to be subject to property or a sample, etc., being necessary for purposes of appeal  
   15.3.   Temporary suspension or orders made on conviction as to money, costs, etc.  
   15.4.   Judge’s directions as to property of convicted person pending appeal  
   15.5.   Suspension of disqualification consequent on conviction  
   15.6.   Judge’s directions as to securing payment of money by convicted person pending appeal  
   15.7.   Suspension of order of destruction or forfeiture of property  
   15.8.   Suspension of proceedings or claims consequent on conviction  
   15.9.   Hearing on final determination of appeal  
   15.10.  Period of suspension of orders under s.6 of Act  
   15.11.  Certificate of conviction not to issue for 10 days after conviction  
   15.12.  After 10 days from conviction, Clerk to be satisfied no appeal pending before issuing certificate of conviction  
   15.13.  Appeal by person convicted against order of restitution or compensation to be made on appeal against conviction  
   15.14.  Conditions may be imposed on appeal against order of restitution  

   ORDER XVI  

   16.1.   Judge’s note to be furnished to the Registrar on request  
   16.2.   Report of Judge of Court of Trial  
   16.3.   Judge’s report to be furnished to Court of Appeal  
   16.4.   Registrar to furnish Judge of Court of Trial with materials for report  

   ORDER XVII  

   17.1.   Registrar’s duties as to ascertaining Respondent  
   17.2.   Prosecutor to afford all information, documents, etc., to Registrar and Crown Prosecutor  
   17.3.   Court may at any stage substitute Crown Prosecutor for a private prosecutor  
   17.4.   When Crown or Prosecutor is appellant  

   ORDER XVIII  

   18.1.   Registrar on application of Appellant or Respondent, or where he thinks necessary, to obtain documents, exhibits, etc., for purposes of appeal, and same, to be open for inspection  
   18.1A.  Judge may allow affidavits to be filed re grounds etc.  
   18.2.   Court of Appeal may order production of any document or exhibits etc.  
   18.3.   How Appellant or Respondent may obtain from Registrar copies of documents or exhibits  
   18.4.   Counsel and Solicitor assigned to Appellant may receive copies of documents and exhibits free on his request  
   18.5.   Transcript of short-hand notes not to be supplied free except on order of Judge of Court  
   18.6.   Appellant not legally represented may obtain copy of documents or exhibits free  

   ORDER XIX  

   19.1.   Attendance of witness before Court of Appeal  
   19.2.   Application to Court to hear witnesses  
   19.3.   Order appointing Examiner  
   19.4.   Registrar to furnish Examiner with exhibits, etc., necessary for examination  
   19.5.   Notification of date of examination  
   19.6.   Evidence to be given on oath  
   19.7.   Deposition of witness, how to be taken  
   19.8.   Travelling expenses of witnesses before Examiner  
   19.9.   Service of notices and orders, under Rule  
   19.10.   Presence of parties at examination of witnesses  
   19.11.  Proceedings under Section 697, subsection (d), on reference  

   ORDER XX  

   20.1.   On final determination of appeals, etc., registrar to notify Appellant, Prison Superintendent, and Attorney General  
   20.2.   In cases of death sentence, notice of appeal and final determination to be given  
   20.3.   Registrar to notify Officer of Court of Trial, result of appeal  
   20.4.   Registrar after appeal to return original depositions, exhibits, indictments, etc., to Officer of Court of Trial when received from him  

   ORDER XXA  

   ORDER XXB  

   20B.1.  Proceedings pursuant to ss.16, 17.  
           20B.2. Applications pursuant to s.40(2)  
           20B.3. Service  
   20B.4.  Notice to sentencing Court  

   ORDER XXC  

   20C.1.  Manner of application  
   20C.2.  Service of notice of motion on person convicted  
   20C.3.  Evidence  
   20C.4.  Adjournments  
   20C.5.  Final determination  

   ORDER XXI  

   21.1.   Accounts to be filed  
   21.2.   Notice to parties  
   21.3.   Notice of objections  
   21.4.   Service on persons interested  
   21.5.   Attendance of persons interested  
   21.6.   Registrar’s certificate  
   21.7.   Certificate when binding  

   ORDER XXII  

   22.1.   Title of Affidavits  
   22.2.   Grounds for removal  
   22.3.   Security for costs of prosecution  
   22.4.   Time and notice  
   22.5.   Objections to be stated in order  
   22.7.   Security for costs on certiorari to bring up convictions or orders of Justices  

   ORDER XXIII  

   23.1.   Application not specially provided for, how made  
   23.2.   Notice by Registrar to Appellant of results of all applications  
   23.3.   Legal aid  
   23.4.   Enforcing duties under Rules  
   23.5.    A petitioner under Section 21, subsection (a) to be deemed an Appellant for all purposes  
   23.6.   Sittings during long vacation  
   23.7.   Reference to Court under s.21 (b)  
           23.8. Warrants  
   23.9.   Notices to Court  
   23.10.  Notices to be in writing. Service  
   23.11.  Applications to Court, how made  
   23.12.  Notice of motion to be served two days before hearing  
   23.13.  Applications in Chambers  
   23.14.  Solicitor to represent client  
   23.15.  Schedule of Forms  
   23.16.  Power of Court or Judge to enlarge or abridge time  
   23.17.  Effect of non-compliance  
   23.18.  Certificate or warrant evidencing sentence to be forwarded to Court  
   23.19.  Section 656A -- transmission of documents  
           THE SCHEDULE of Forms.  
           Compilation table