Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 66A

66A Application for leave to make subsequent appeal

(1) An applicant for leave to make a subsequent appeal must file with the registrar a notice of application for leave to make a subsequent appeal.

(2) The notice must—

(a) be signed by the applicant or the applicant’s lawyer; and

(b) state, briefly and precisely, the grounds of the subsequent appeal; and

(c) be accompanied by an affidavit setting out the fresh and compelling evidence, or the new and compelling evidence, relied on in the grounds of the subsequent appeal.

(3) If the court gives the applicant leave to make a subsequent appeal—

(a) the applicant is taken to have started a subsequent appeal; and

(b) the notice of application for leave to make a subsequent appeal is taken to be the notice of subsequent appeal for the purposes of the Code , sections 671H(4) and 671K(1).

(4) In this rule—

"fresh and compelling evidence" see the Code , section 671AB.

"new and compelling evidence" see the Code , section 671AB.