Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999

- Made under the Supreme Court of Queensland Act 1991
- As at 20 September 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     (Repealed)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     (Repealed)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

   PART 1 - GENERAL

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

   PART 2 - INTERPRETERS

   54AA.   Main purposes of part
   54AB.   Definitions
   54AC.   Proceedings to be conducted in English
   54AD.   When interpreter must be provided for accused person
   54AE.   When interpreter is required by witness
   54AF.   Who may act as interpreter generally
   54AG.   Granting leave for person to act, or continue to act, as interpreter
   54AH.   Duties of interpreter
   54AI.   Code of conduct for interpreters
   54AJ.   Translated evidence
   54AK.   Court may request correction etc. of interpretation, translation or sight translation
   54AL.   Court may give directions in relation to interpreters

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, SUBSEQUENT APPEALS AND REFERENCES TO COURT OF APPEAL

   PART 1 - PRELIMINARY

   63.     Definitions for ch 15

   PART 2 - APPEALS AND SUBSEQUENT 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 1A - Starting subsequent appeals

   66A.    Application for leave to make subsequent 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 appeal or subsequent appeal

   69.     Abandoning applications
   70.     Abandoning appeal or subsequent 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 - Presence of appellant at hearings

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

           Division 5 - Provisions about particular orders made when appeal or subsequent 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, SUBSEQUENT APPEALS AND REFERENCES

           Division 1 - Preliminary

   91.     Definitions for part

           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 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
   97A.    Subsequent appeal record book
   97B.    Fee for appeal record book or subsequent appeal record book

           Division 4 - Parties’ access to particular records and exhibits

   98.     Parties’ access to documents and exhibits held by registrar
   99.     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

   104AA.  Supplemental powers in appeals and subsequent appeals
   104.    Application to judge
   105.    Judge’s decision
   106.    Rehearing by court

           Division 3 - Applications and notices relating to appeals and subsequent appeals by persons in custody

   107.    Application and notice 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, subsequent appeal or application

   116.    Notice of decision
   117.    Registrar to notify appellant of application result

           Division 7 - Other miscellaneous provisions about appeals and subsequent 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 or subsequent 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 5A
           SCHEDULE 6