Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 75

75 Application for leave to be present

(1) This rule applies in relation to an appellant who wishes to seek the leave of the court to be present under the Code , section 671D for any of the following proceedings (each a
"relevant proceeding" )—

(a) an appeal on some ground involving a question of law alone;

(b) an application for leave to appeal or leave to make a subsequent appeal;

(c) a proceeding preliminary or incidental to an appeal or subsequent appeal.

(2) If the initial notice indicates that the appellant wishes to be present at the hearing of the appeal or subsequent appeal, or any application or proceeding mentioned in subrule (1)(b) or (c), the notice is also taken to be an application for leave to be present at the hearing of the relevant proceeding.

(3) If subrule (2) does not apply, the appellant may apply to the court, in writing, for leave to be present at the hearing of the relevant proceeding.

(4) The appellant must give the registrar reasons in writing, at least 7 clear business days before the day on which the relevant proceeding is set down for hearing, explaining—

(a) why the appellant wishes to be present at the hearing of the relevant proceeding; and

(b) if the appellant wishes to be present in person—why the appellant wishes to be present in this way and not in another way, including, for example, by way of video link.

(5) In this rule—

"initial notice" means—

(a) for an appeal on some ground involving a question of law alone—the notice of appeal; or

(b) for another appeal—the notice of application for leave to appeal; or

(c) for a subsequent appeal—the notice of application for leave to make a subsequent appeal.